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Home My WebLink About04/22/98 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA APRIL 22, 1998 5. 6. 7. 8. CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business B. City Council Study Session 5:05 - 5:25 P.M., in the Council Conference Room. Topic of discussion: "Workforce Diversity Plan". CALL TO ORDER: 5:30 P.M. A. Pledge Of Allegiance B. Invocation 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. NONE CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Appointments to Bremerton Kitsap Access Television Public Access Citizens Advisory Committee: City Staff- Terrie O'Neill; City User- David Goldman; Community - Donald Ricks and Vickie Bushnell; and Student Representative - Dan Gomez #AB98-081 / B. Acceptance of Department of Natural Resources (DNR) Grant #AB98-082 /c~ C. Professional Services Agreement- Washington Timberland Management Inc. for Forest Disease Mitigation/Salvage #AB98-083 ¢,~ D. Professional Services Agreement Between City of Bremerton and Beak Consultants Incorporated - Sampling and Analysis of Wastewater Treatment Plant Outfall Sediments #AB98-084 ~'~F AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Appointments to BKAT Public Access Citizens Advisory Committee FOR AGENDA OF: April~ 1998 ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: April 7, 1998 2. ~: (comment on back 3. EXHIBITS: if necessary) 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The following appointments are recommended to the BKAT Advisory Committee: City Staff: Terrie O'Neill City User: David Goldman Community: Donald Ricks, Vickie Bushnell Student Representative: Dan Gomez 8. RECOMMENDATION: Motion to approve the recommended appointments to the BKAT Advisory Committee. NOTE: Council can make one motion to approve the slate of applicants or make individual motions if you prefer. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: EXPIRATION DATE: See Ordinance REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AG .NDA NO: qg-Og ! ~LEARANCE COMMENTS (cont.): 4. ~UMMARY STATEMENT (cont.): J IMPACT ON NON-PASSAGE: Cannot form Advisory Committee IMPACT ON STAFFING. BUDGETS~ FACILITIES~ EOUIPMENT OR OTHER RESOURCES None. 7. RESEARCH SOURCES: Public Access CitJzens Advisory Committee City Nominations Terrle O'Neill 239 Fourth Street Bremexton WA 98337 (360)478-5387 fax: (360)478-2348 e-mnil: toncill(~.brgmgrto~ Terrie h~s worked in marketing and promotions for since 1983. She h~ produced, host_ed and edited public access television for the City of Bremenon for the last five years. Some of Terrie's work experience and education David Goldman POBox 1187 Tracyton WA 98311 0ives in Manege) (360)377-6~06 ~-mnil: ~.~ David is a performer and a writer in the television industry and works extens/vely with multi-media projects on a nationals:ale. DavidisalsoeducaiedasafinandalcomultanL I)~vid is ourently involved in the development of an ~:cess program for BKAT. Donald Ricks 3560 Narrows View Lane NE Brcmerton WA 98310 (360)478-0533 Don is known na6on~lly for his vocal talent. He has worked as a publicist and promoter for many years in a wide variety of venues. Don is deeply committed to enriching the Bremerton aris community and works tirelessly to bring exciting cultural events to town. Vidde Bu~lndl c/o KC Public Works and Utilitie~ 614 Division Street (360)895-3931 work Vickie is an innovator in the public information field. As such, she has designed and carried out countywide program.~ which have earned wide acclaim: She is an energetic Bremerton booster and participates generously in many local civic activities. Bremertoa High School do Ga~ Smith 1500 13t~ Street Bremerton WA 98337 (360)478-5128 Dan is a student in the Brcmerton High School broadcasting edmation program working under the supendsion of Gasy Smith. He brings a complete undemanding of the equipment and the processes associated with television produaion B~m~ WA 9~312 4 APR. 7,1998 1~:~7PP1 BREHERTOH HIGH SCH 360 478 5C61 N0.'394 ,_ CITY OF BREMERTON. APPLICATION FOR CITY BOARDS/COMIVllSSIONS/COIViNIITTEE NOTE: As an applicant for a City Board, Commission or Commi~tee, your name, address, and telephone number will be available to the press and public, You will be contacted before any action is taken on your appointment, (Please type or print clearly) HOME ADDRESS: ~"~ :~ occu,,T O,= DATE: PHONE; ~V/~ (W) EDUCATION:~ I'~ '" PROFESSIONAL/COMMUNITY ACTIVITIES: ........ _. LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or Disability Action Committee ( ) Civil Service Commission{18 yrs, & older) ( ) Urban Forest ,Committee ( ) Cable Communications Advisory Committee ( ) C.om.mu ni.ty .D e.v. el.o.p.m.e nt. Bio c k_.G.r ant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets' Steering Committee ( ) Citizen's Commission on Council Salaries I) () () () () () Is this If yes, an applica{ion for reappointment7 /~J~ more): Planning Commission (18 yrs, & older) Parks & Recreation Commission E~hics Corr',mi~sion Parkin§ Advisory Board Solid Waste ~anagement Bramer~on Hous;ng Authority Board of Appeals, Housing/Building Codes Mayor's Select Commitl'.ee on Law Enforcement how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability, information may be put on back, Additional pertinent FROM : David Goldman PHONE NO. : 360 4?9 0118 Apr. 07 1998 12:01Pt'I P1 CITY OF BREMERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE' As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) HOME ADDRESS: 0 CCU PATI ON: {H) (W) PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFEREI~CES (name & phone number): lAM () (} I) (} () () INTERESTED IN SERVING ON (please check one or Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets' Steering Committee ( ) Citizen's Commission on Council Salaries _ / Is this an applicaUon for reappointment? ~ 0 more): Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Mayor's Select Committee on Law Enforcement if yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. CITY OF BREMERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: ~//~,,/_~_.,~_ /~' NAME: Donatd L. Ricks PHONE:.__~?? ~ ~~ (H) " HOME ADDRE 3560 Narrows View ~/~ ~~' ~ (W) Lane N.E. ~lOI - - Bremermm OCCUPATION: EDUCATION: // PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): I AM INTERESTED IN SERVING ON (please check one or more): () () () () () () () Disability Action Committee Civil Service Commission{18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Youth Council Safe Streets Steering Committee ,J~ Citizen's Commission on Council Salaries Is this an applica{ion for reappointment7 If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals, Housing/Building Codes Mayor's Select Committee on Law Enforcement Applications be reviewed periodically to determine continued availability. information may be put on back. "--7 Additional pertinent _. CITY OF BREMERTON APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE ~. UU2 NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) HOME ADDRESS:c~ DATE: PHONE: ,~7J---' ~"~ ~ <~' (H) 'l'- PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): I AM () () (} () () () () () INTERESTED IN SERVING ON (please check one or Is this an application for reappointment?~,,'O) Disability Action Committee ( ) Civil Service Commission(18 yrs. & older) ( ) Urban Forest Committee ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant ( ) Advisory Committee ( ) Youth Council ( ) Safe Streets' Steering Committee ( ) Citizen's Commission on Council Salaries more): Planning Commission (18 yrs. & oldar} Parks & Recreation Commission Ethic~ Commission Parking Advisory Board Solid Waste ~anagemen~ Bremer~on Housing Au~hori~y Board of Appeals, Housing/Building Cod~s Mayor's Selec~ Committee on Law E::~orcemen~ ~~ If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 ~ignature Applications be reviewed periodically to determine continued availability. information may be put on back. (~ Additional pertinent AN ORDINANCE establishing a Public Access Citizens Advisory Committee and repealing Chapter 2.100 of the Bremerton Municipal Code. CITY OF BREMERTON DOES ltEREBY ORDAIN: PUBLIC ACCESS CITIZENS ADVISORY COMMITTEE Section 1. 2.100.010 ESTABLISHED. Them is established a Public Access Citizens Advisory Committee, hereinafter referred to as "committee", which shall act solely as an advisory body to the City of Bmmerton Council, the Mayor and the Kitsap County Commissioners to promote and develop optimal utilization of the Public Access Television system. Section 2. 2.100.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The committee shall consist of nine members. The Mayor, with confirmation of the City Council, and the County Commissioners, shall appoint members to the committee, considering ethnic, gender and professional diversity, as follows: (1) One staff member representing the City of Bremerton (City appointment); (2) One staff'member representing Kitsap County (County appointment); (3) Two members representing users (one City appointment, one County appointment); (4) Four members representing the community at large, professional and educational interests (two City appointments, two County appointments); and (5) One member (18 years old or younger) representing youth (joint appointment by City and County). (b) Terms of appointment for the seven citizen members identified in Subsections (a)(3) to (5) will be two years. Initial term lengths will be staggered as decided by the members. Outgoing members will continue to serve until successors are appointed. The anniversary date of any members term will be the date of appointment by the Mayor with confirmation by City Council and the date of appointment by the County Commissioners respectively. The Public Access Citizens Advisory Committee chairman will notify the Mayor and County Commissioners as applicable of vacancies and representation. (c) Staff membership shall be for one year with reappointments each succeeding year by the Mayor and City Council, and County Commissioners respectively. (d) As this is a county-wide advisory committee Citizen members may reside outside the City of Bmmerton. Section 3. 2.100.030 SALARIES AND PERSONAL EXPENSES. The members of the committee shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except when such expense is first authorized and approved in advance by the City of Bremerton Administrative Services Director. Section 4. 2.100.040 OFFICERS. (a) The committee shall elect a chairman, vice chairman and secretary by a simple majority of the members present. (1) The officers so elected shall serve for a term of one year. Thereaiter annually, new officers shall be elected by committee members and shall serve until their successors are elected. (2) A vacancy in any position of any office of the committee shall be filled by a vote ora simple majority of the members present. Section 5. 2.100.050 RULES OF PROCEDURE. Any action to be taken by the committee shall require the concurrence of a simple majority of the members of the committee qualified to vote. Section 6. 2.100.060 COMPLIANCE WITH CODE OF ETHICS. The committee shall comply with the city code of ethics ordinance codified as Chapter 2.96. Section 7. 2.100.070 DUTIES AND RESPONSIBILITIES. The committee shall have the following specific functions: (a) Through the Bremerton Kitsap Access Television Executive Director make recommendations regarding general policy relating to the services and facilities provided to subscribers and users of the system; (b) Promote community outreach; (c) Provide a forum for citizen complaints and concerns regarding use of facilities, programming and other related issues; (d) Submit an annual report to the council regarding all activities of the committee during the reporting year; and (e) Perform such other duties as requested by the City Council, Mayor or County Commissioners. Section 8. 2.100.080 MEETINGS. The committee shall establish a regular meeting day and time and shall meet at least once every month. All meetings of the committee shall be held in accordance with city and state law regarding public meetings. Section 9. 2.100.090 OPF_aRA~O EXPENSES. All approved operating costs of the committee shall be paid out of revenues derived for the operation of public access. Section 10. 2.100.100 REMOVAL OF MEMBERS. Members of the committee serve at the pleasure of the City Council and County Commissioners. Respective appointees may be removed by the Mayor, with the concurrence of the City Council, and the County Commissioners. A member shall not be absent more than three consecutive meetings. After the absence from three consecutive meetings, the remaining members of the committee shall vote to retain or recommend to the Mayor or County Commissioners that the absentee member be relieved of his or her duties on the committee. Section 11. 2.100.110 VACANCIES. Vacancies shall be filled in accordance with Section 2.100.020 for the unexpired term of the member affected. Section 12. Effective Date. passage and publication. 1998. 1998. This ordinance shall become effective ten (10) days after APPKOVED by the City Council of the City of Bremerton this ~ day PASSED by the City Council of the City of Bremerton this ~ day of .~7~(ad ~'~DAVID F ~~ ~un~cTP'~ esident ON, Mayor ATTEST: KATHLEEN McCLUSK~ty Clerk EFFECTIVE DATE F:J LICATiON DATE OP, bI? ANCENUMBER . AGENDA BILL BREMERTON CITY COUNCIL t. SUBJECT:DNR Urban Forestry Grant FOR AGENDA OF: April 22, t998 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jim Spencer, Interim Director DATE. SUBMITTED: April 14, 1998 2. CLEARANCES: (Commen~ on back if nece.s.s~-~, Pm:ks & Recreation City Treasurer.' ...... ~-j-~." EXItIBITS: Grant AgrccmcnffContract FY98- } 15/K244.094. C 10 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has been awarded a $15,000 Urban Forestry Grant from the Department oiZNamrat Resoumes (DNR). This funding will be used for tree purchases for Evergreen Park Phase t and Haddon Park, plus a greenhouse for starting tree seedlings. These seedlings will allow For a steady inventory of trees for future plantings, better utilizing existing and potential resources for urban Forestry. The first action beFore the City Council is approval of'the grant. Should the grant be approved, a budget adjustment is required, reflecting the increased revenue and subsequent expenditures related to project completion. The second action before the City Council is approval of the required adjustment. 8. RECOMMENDATION: That the City Council authorizes and directs the Mayor to accept the Urban Forestry Grant from DNR in the amount not to exceed $15,000. That the City.. Council authorizes the budget adjustment to the Parks m~d Recreation budget for up to $ t 5,000 in revenue and expenditure. 9. RESPONSIBLE OFFICIAL: Jim Spencer ENFORCEMENT OFFICIAL: Jim Spencer EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: IL AGENDA BILL #: ~ ~- ~) 2. CI~EARANCE COMMENTS: S. IMPACT OF NON-PASSAGE: The City would be unable to accept the $15,000 grand funding offered by DNR. Therefore, the projects discussed in paragraph (4) would not be accomplished. The subsequent budget adjustment would not be required. IMPACT ON STAFFING,,BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: The City's Urban Forester will manage the grant. The tree ptanthag will be accomplished using a combination of staff and votumeer support. The required staff support can be absorbed within the current staffing levels. 7. RESEARCH SOURCES: Requesting Department: CITY OF BREMERTON BUDGET ADJUSTMENT REQUEST PARKS DEPT. Adjustment Number: 98-12 JApproval Authority Required: Rmreasurer SOURCE OF FUNDS: r-~Mayor r- Increase: DNR Grant 15,000 Fiscal & Bud~let USE OF FUNDS: F~Council Tree Program 15,000 NARRATIVE: This adjustment will provide for the City's acceptance of a grant from the State DNR to continue the street tree Department Head Si~Inature Treasurer Comments: Date ~)(re ctor Si~lnature~x [----] Recommended ~ Not Recommended Mayor Comments: Treasurer's Signature Date r~ Recommended ~ Not Recommended r-~ Approved ~ Denied Fiscal & Budget Committee Comments: Mayor's Sicjnature Date Approved ~ Denied Fiscal & Budget Committee Signature Date Grant Agreement Number FY 98-115/K244.094.C10 CFDA Number 10.664 USDA Forest Service AGREEMENT BETWEEN STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES AND CITY OF BREMERTON This agreement is made and entered into by and between Washington State Department of Natural Resources, PO Box 47037, Olympia, Washington 98504-7037, hereinafter referred to as the DNR, and City of Bremerton, 680 Lebo Bird, Bremerton, WA 98310, hereinafter referred to as the Grantee, for the express purposes set forth in the following provisions. In consideration of the terms, conditions and covenants contained herein, or attached and incorporated and made a part hereof, the parties mutually agree as follows: SPECIAL TERMS AND CONDITIONS 1. Scope of Activi _ty Under Grant Agreement: ao The Grantee will perform the work outlined in Attachment B. It contains the scope of activity, objectives and tasks, and deliverables. The Grantee shall produce a final report summarizing work performed and evaluating the performance and results of this agreement. All deliverables required under this agreement must be delivered to the grant manager. The Grantee shall complete all specified activities including submission of reports, and/or other required documentation within the time periods set forth in the agreement. Failure by the Grantee to make satisfactory progress toward completion of the activities or project within the time lines specified in this agreement shall be considered a material breach and shall be grounds for immediate termination of this agreement by the DNR. The DNR has sole discretion to determine whether the Grantee is making satisfactory progress on the activities or project. /5 '5. Conduct of Work: The Grantee shall furnish all necessary qualified personnel, material, and equipment, and manage and direct the same to timely complete the work described in this agreement. Period of Performance: Commencement Date: Subject to its other provisions, the period of performance under this agreement shall commence upon final execution by both parties. Completion Date: This agreement shall terminate on June 30, 1998, or when all of its terms and conditions have been satisfied, whichever is earlier, unless sooner terminated as provided herein. Rights and Obligations: Attachment A contains the General Terms and Conditions governing the activities to be performed under this agreement, the nature of the working relationship between the DNR and the Grantee, and specific obligations of both parties. All rights and obligations of the parties to this agreement shall also be subject to and governed by Attachment B. Grant Disbursement and Payment: ao Amount of Grant. The total grant shall not exceed $15,000, and will be disbursed upon satisfactory completion of timely deliverables as described in Attachment B and in compliance with all agreement terms. Grant disbursement shall be on a cost reimbursement basis for costs incurred in the performance of this agreement. Time of Disbursement. Disbursement shall be considered timely if made by the DNR within 30 days after receipt of properly completed invoice vouchers. Disbursement shall be sent to the address designated by the Grantee. The DNR may, in its sole discretion, terminate the agreement or withhold disbursements claimed by the Grantee if the Grantee fails to satisfactorily comply with any term or condition of this agreement or if USDA Forest Service federal funding which the DNR receives is no longer available. Method of Disbursement. Requests for disbursement under this agreement shall be submitted by the Grantee on invoice vouchers prepared in the manner prescribed by the DNR. These vouchers shall include such information as is necessary for the DNR to determine the exact nature of all expenditures. Each voucher will clearly indicate that it is for activities under this agreement. Requests for disbursement shall be submitted to the DNR grant manager. Expenses. No additional requests for costs or expenses are allowable. All costs and expenses associated with the Grantee fulfilling the terms and the agreement's conditions are included in the grant's amount stated in section 5(a) and no additional disbursements shall be made under this agreement. eo Recapture Provision. In the event the Grantee fails to expend funds in accordance with any federal or state law or regulation or the provisions of this agreement, the DNR reserves the right to recapture funds in the amount equivalent to the amount of noncompliance. Repayment by the Grantee of funds under this section shall occur within 30 days of demand. Federal Subcontract: When the DNR is passing federal funds to the Grantee, the Grantee will be considered a "subrecipient." Subrecipient shall: ao Adhere to the federal Office of Management & Budget guidelines and to other applicable federal and state regulations; Have an audit made in accordance with Office of Management and Budget (OMB) Circular A-133 revised April 1996 and effective July 1, 1996 if the subrecipient receives federal assistance, in total from all sources, of $300,000 or more. The subrecipient must: (1) Forward a copy of the Data Collection Form as required in OMB circular A-133 within 30 days after completion of the Federal Single Audit to the DNR. (2) If the audit reveals findings and questioned costs relating to Federal awards passed through from DNR, forward a copy of the State Auditor's audit, along with the subrecipient response and the final corrective action plan as approved by the State Auditor's Office to the DNR within nine months after the end of the audit period. Co The subrecipient shall provide to DNR by August 31 of each calendar year the following: (1) Type of audit to be performed (Federal Single Audit Act or a local audit). If the subrecipient is exempt from federal audit requirements, DNR shall be so notified and they are still required to perform 6.c.(2) and 6.c.(3). (2) A list of all state agencies providing federal assistance to the subrecipient. (3) A listing of all financial assistance sources and the amounts provided identified under the following categories: Federal Assistance Obtained Directly From A Federal Agency, Federal Assistance Obtained Through A State Or Local Government, and Other Financial Assistance Obtained From A State Or Local Government. Provide access to grant/£mancial records for inspection by the DNR or by any duly authorized audit representative of the state of Washington for a period of at least six years after the final grant payment or any dispute resolution. Acceptance: Disbursement shall be payable to the Grantee only upon completion of agreement by the Grantee, and acceptance by the DNR. If a deliverable is not acceptable to the DNR, the DNR shall within ten (10) working days from receipt, notify the Grantee in writing of the nature of the defects in the deliverable and any proposed remedy. The Grantee shall respond to this notice in writing within ten (10) working days specifying action to be taken so as to permit acceptance by the DNR. o Performance Reporting: The final report is due to the DNR upon completion date as specified in 3 (b). The Grantee shall also immediately contact the DNR grant manager in person or by fax or by telephone should any adverse conditions arise. o Grant manager: The grant manager for the Grantee is: Jim Trainer City of Bremerton 680 Lebo Blvd Bremerton, WA 98310 The grant manager for the DNR is: tish carr, Program Coordinator Washington Department of Natural Resources PO Box 47037 Olympia, WA 98504-7037 (360) 902-1703. CITY OF BREMERTON WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES By: Title: By: Charles Baum Title: Supervisor Date: D ate: APPROVED AS TO FORM BY THE ASSISTANT ATTORNEY GENERAL. ATTACHMENT A GENERAL TERMS AND CONDITIONS Identification: The Grant Agreement Number must appear on all documents, correspondence, invoices and all other written material submitted or prepared in conjunction with this agreement. Independent Capacity of Grantee: The Grantee and its employees or agents performing under this agreement are not employees or agents of the DNR. The Grantee will not represent itself nor claim to be an officer or employee of the DNR or of Washington State by reason hereof, nor will the Grantee make any claim of right, privilege or benefit which would accrue to an employee under Washington law. o Deduction: The DNR shall make no deductions from the stated amount of the grant for income tax, social security taxes, medical insurance, industrial insurance, license fees or deduction of any other kind. Grantee is responsible for all deductions for which the Grantee may be liable. Retention of Records: The Grantee shall maintain books, records, documents and other materials which' sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement. These materials shall be available at all reasonable times for inspection, review, or audit by personnel duly authorized by the DNR, and state or federal officials so authorized by law, rule, regulation or contract. The Grantee will retain these materials for six (6) years after settlement or termination. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. Rights of Inspection: The Grantee shall provide right of access to its facilities to the DNR or any of its officers, or to any other authorized agent or official of Washington State or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this agreement. Treatment of Assets: Title to all property furnished by the DNR shall remain in the DNR. Any property of the DNR furnished to the Grantee shall, unless otherwise provided herein or approved by the DNR, be used only for the performance of this agreement. The Grantee shall be responsible for any loss or damage to property of the DNR which results from the negligence of the Grantee or which results from the failure on property, the Grantee shall notify the DNR thereof and shall take all reasonable steps to protect that property from further damage. /7 The Grantee shall surrender to the DNR all property of the DNR prior to settlement upon completion, termination or cancellation of this agreement. Close Out: The Grantee must submit all requests for reimbursement for activities under this agreement to the DNR so that they are received no later than thirty (30) days following the termination of this agreement. If an earlier date is specified in this agreement, the earlier date shall take precedence. Non-Discrimination: During the performance of activities under this agreement, the Grantee shall comply with all federal and state non-discrimination laws, regulations and policies. In the event of the Grantee's non-compliance or refusal to comply with any non-discrimination law, regulation, or policy, this agreement may be rescinded, cancelled or terminated in whole or in part, and the Grantee may be declared ineligible for further agreements with the DNR. Assignability: This agreement, and any claim arising under this agreement, is not assignable or delegable by the Grantee either in whole or in part. 10. Subcontracting: The Grantee may enter into subcontracts consistent with requirements set forth in Attachment B. 11. Disputes: Except as otherwise provided in this agreement, any dispute concerning this agreement which is not settled by the parties shall be decided by the DNR's division manager who shall reduce his/her decision to writing and furnish a signed copy to the Grantee. The decision of the division manager shall be final and conclusive unless, within thirty (30) days from the receipt of such copy, the Grantee mails or otherwise furnishes to the division manager a written appeal. The appeal will be decided by a DNR deputy supervisor. The decision of the deputy supervisor, or duly authorized representative, for the determination of such appeal shall be final and conclusive. The Grantee does not hereby waive any right to seek review of the DNR's decision. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. However, such further review shall be sought only in the Superior Court of Thurston County. Pending final decision of a dispute hereunder, the Grantee shall proceed diligently with the performance of the agreement and in accordance with the decision rendered by DNR. 12. Termination for Funding Reasons: The DNR may unilaterally terminate this agreement in the event that funding from federal, state or other sources becomes no longer available to the DNR, or is not allocated for the purpose of meeting the DNR's obligation hereunder. Such action is effective when the DNR sends written notification of termination. ATTACHMENT A -- Forestry Assistance Grant Contract -- Page 2 13. Termination for Convenience: The DNR may terminate this agreement in whole or in part by written notice to the Grantee when it is in the best interest of the DNR. If this agreement is so terminated, the DNR shall be liable only for disbursements in accordance with the terms of this agreement for activities completed prior to the effective date of termination. 14. Indemnification: The Grantee shall defend, protect and hold harmless Washington State, the DNR or any officers or employees thereof, from and against all claims, suits or actions arising from the Grantee's acts or omissions which are libelous or slanderous, result in injury to persons or property, violate a right of confidentiality, or use or reproduce material of any kind which constitutes an infringement of any copyright, patent, trademark or trade name. 15. Publication Rights, and Rights to Data, Patents and Inventions: The Grantee shall not publish any of the results of the grant work without the advance written permission of the DNR. Said requests will not be unreasonably withheld and will be answered within thirty (30) days of receipt of said request by the DNR. Unless otherwise provided, data which originates from this grant shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DNR. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. Data which is delivered under the agreement, but which does not originate therefrom, shall be transferred to the DNR with a nonexclusive, royalty-free irrevocable license to publish, translate, reproduce, deliver, perform, dispose of, and to authorize others to do so: provided, that such license shall be limited to the extent to which the Grantee has a right to grant such a license. 16. Industrial Insurance Coverage: The Grantee shall provide or purchase any necessary industrial insurance coverage prior to performing activities under this agreement. The DNR will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Grantee or any agent or employee of the Grantee which might arise under industrial insurance laws during performance of activities under this agreement. 17. Licensing, Accreditation and Registration: The Grantee shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this agreement. 18. Compliance with Law: The Grantee shall comply with all federal and state laws relating to this agreement. ATTACHMENT A -- Forestry Assistance Grant Contract -- Page 3 19. Confidentiality_: Grantee shall not disclose to any third party any proprietary or confidential information received from the DNR, or acquired during the course of activities under this agreement and shall not use for its own benefit or that of others, any such information, whether developed in the course of this agreement or derived from the DNR, except as may be authorized by the DNR in writing. All information developed in the performance of this agreement shall be considered the DNR's proprietary information. 20. Governing Law' This agreement shall be governed by the laws of Washington State. In the event of an inconsistency in this agreement, unless otherwise provided herein, the inconsistency shall be resolved by giving precedence in the following order: Applicable federal and state statutes and regulations; The Special Terms and Conditions as contained in the main agreement; The General Terms and Conditions as contained in this Attachment A; Any statement of scope of activities attached hereto and incorporated by reference herein; and Any other provisions or attachments of the agreement whether incorporated by reference or otherwise. 21. Jurisdiction/Venue: This agreement shall be construed and interpreted under the laws of Washington State and the venue of any action brought under this agreement shall be in the Superior Court for Thurston County. The Grantee, by execution of this agreement, acknowledges the jurisdiction of the courts of Washington State in this matter.. 22. Waiver: A failure by the DNR to exercise its rights shall not constitute a waiver of any rights under this agreement unless stated to be such in writing signed by an authorized representative of the DNR and attached to the original agreement. 23. Entire Agreement: This document contains all covenants, stipulations and provisions agreed to by both parties. No agent or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein, except for extension of the completion date. No changes, amendments or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this agreement. Extensions of the completion date are valid if in writing and signed by an authorized representative of the DNR. 24. Severability. If any provisions of this agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this agreement which can be given effect without the invalid provision, and to this end the provisions of this agreement are declared to be severable. ATTACHMENT A -- Forestry Assistance Grant Contract -- Page 4 ATTACHMENT B GRANTEE: CITY OF BREMERTON SCOPE OF ACTIVITY: Under the Cooperative Forestry Assistance Act of 1978 and 1990 amendments, City of Bremerton will complete the following objectives: OBJECTIVE I:. Tree Planting at Haddon Park. Haddon Park is being developed on undeveloped land purchased from the Bremerton School District in 1997. This neighborhood has only a .25 acre tot park and the city cemetery, and is in need of a park that can serve all ages living in this district area. Construction funds in phase I do no allow for landscaping or plantings. Propose that DNR tree grant money be used to purchase 50 trees at $100.00 each. Total Purchases Total salaries & benefits Total of equipment Total of both funds Grant Funds $5,000 Matching Funds $2,000 2,800 Total Funds $9,800 OBJECTIVE II: Tree Planting at Evergreen Park Evergreen Park will begin Phase I renovation this summer. This 87 year old park is heavily used by people throughout the county for all kinds of recreational enjoyment. Some of the older trees are diseased, creating a potential hazardous situation that needs a remedy. Trees are one of the attractions at this site and any removal would definitely require replacement, which we are proposing to be 50 trees. Total Purchases Total salaries & benefits Total of equipment Total of both funds Grant Funds $5,000 Matching Funds $2,000 2,800 Total Funds $9,800 OBJECTIVE III: Nursery Greenhouse The existing nursery developed with previous DNR grant money has been very successful for storing trees and seedlings until appropriate conditions allow for permanent planting. The addition of a green house will allow tree seedling plantings allowing us to better utilize all existing and potential resources for urban forestry. The greenhouse would include water and power. Grant Funds Matching Funds Total Funds Total Purchases Total salaries & benefits Total of equipment Total of both funds $5,000 $ 800 192 $5,992 DELIVERABLES: Grantee will submit to the DNR by June 30, 1998: 1. Final narrative report including project accomplishments. COSTS AND GRANT AMOUNTS: Allowable costs are all charges necessary and reasonable to accomplish the objectives of the agreement during the grant period subject to DNR approval. Costs not reimbursable include: · Salaries and wages · Overhead greater than the indirect cost rate agreed upon by the DNR and the USDA Forest Service for a given period. This rate is 15% through June 30, 1998. · Stipends or any kind of director's fees for urban forestry board members. · Out-of-state travel. Construction activities or capital outlays including purchase of land, equipment (including computer hardware or anything else not previously approved as allowable costs by DNR) · No shrubs, ground covers or multi-stem trees will be purchased with grant money. Planting project survival rate: The Grantee who has a tree planting project is required to have a 90% survival rate for three years following the planting. The DNR will make the determination through follow-up inspections. It will be the responsibility of the Grantee to supply documentation verifying the failure was not due to neglect. The Grantee may be required to reimburse the DNR the difference between the 90% survival rate and the actual survival. Failure to comply with the reimbursement will cause the Grantee to be ineligible for Urban and Community Forestry grants for three years. A~ENDA BILL BREMERTON CITY COUNCIL SUBJECT: PROFESSIONAL SERVICES AGREEMENT: WASHINGTON TIMBERLAND MANAGEMENT, INC. for FOREST DISEASE MITIGATION/SALVAGE FOR A~ENDA OF: April 22, 1998 ORIGII~ATING DEPT: Public Works & Uti! ORIGINATOR: B. McKinney, Forestry DATE SUB~ITTED: April 9, 1998 ENDORSEMENT ~ INFOP~ATION CI.RARANCES: (Comment on back 3. EXHIBITS: if neces~Ty~ Director, PW & Ut il. ~,~~ Professional Services Agreement City Treasurer ~~ ~ Forestry Workshop Memo City Attorney ~~j~~ Forest Health Progr~ Summary Admit. Serv. Dir. '.~%k~(9,..~ .~~~er Resources Memo Operations Comm. ~~/~ ~ [] ~PR~D ~ CO~CIL P~SIDENT ~R S~IT~: CO~CIL P~SIDENT ~ ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: In 1996 and 1997 identification of forest disease centers and salvage of merchantable timber was accomplished under a Professional Services Agreement (Please see page 2 for continuation) 5. RECOMMENDATION: The City Council authorize the Mayor to execute a Professional Services Agreement with Washington Timberland Management for forest disease mitigation and salvage of merchantable timber. PU~.T.V.D [ ] TA~LED [ ] COUNCIL DIRECT/VE: 11. RESPONSIBLE OFFICIAL: Public Works Dir. ENFORCEMENT OFFICIAL: Forestry Manager EXPIRATION DATE: December 31, 1998 REVIEW DATE: 10. NOTICE OF ACTION APPROVED [ ] DISAPPROVED [ ] AMENDED [ ] 2. CT.v. ARAI~CE CO~R~NTS: 3. SU~A~2%RY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation with Washington Timberland Management (WTM). To date this program has treated approximately 60% of the identified disease centers and met revenue goals for 1996 & 97. Continuing this program in 1998 will address most remaining disease centers that have been identified and are accessible. This project implements specific silvicultural practices to mitigate disease and salvage merchantable timber. Utilizing WTM's expertise in technical forestry, harvesting, and marketing will further the goals of this project and maximize revenue return to the Water Utility. WTM will be compensated by receiving a percentage (8%) of the delivered log price on salvaged timber. 5. IMPACT ON NON-PASSAgE: Loss of value on timber affected by disease. Loss of future productivity for Douglas fir on sites affected by the disease. 6. IMPACT ON STA2FFING~ BUDGETS, FACILITIES~ EQUIPMENT A/qD OTHERRESOURCES: Staffing: Supplements limited Forestry staff and allows continuation of staff work on competitive bid timber sales, biosolids, and associated forestry projects. No additional staffing required. Budget: Supplements annual revenue to Water Utility. Facilities/Equipment: N/A 7. RESEA/~CH SOURCES: Forestry Manager. PROFESSIONAL SERVICES AGREEMENT Forest Root Disease Mitigation/Salvage THIS AGREEMENT is between the City of Bremerton, a municipal corporation,(hereinafter referred to as "City") and Washington Timberland Management, Inc., a Washington corporation, (hereinafter referred to as "WTM"). WI TN E S SETH: 1. SCOPE: WTM agrees to provide professional services for mitigation of laminated root disease areas, and salvage of merchantable timber within said areas, as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference. 2. TERM: Contract shall commence on date of execution of this agreement and will terminate on December 31, 1998. 3. COMPENSATION: City shall pay WTM compensation as follows: Eight percent (8%) of the delivered log price for timber salvaged from disease areas, as more fully described in Exhibit "B" attached hereto and incorporated herein by this reference. Any charges for services outside the scope of this agreement shall be on a time and materials basis and shall conform to the fee schedule also contained in Exhibit "B". For salvaged timber, WTM shall submit a summary of logging operations, showing volume delivered, total mill payments, amounts paid to City, WTM, and logger, as well as any amounts withheld for payment of forest excise tax or other costs. For other services, WTM shall submit a statement describing the services rendered with a breakdown for hours and rate 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 WTM is a firm skilled in matters pertaining to forest management and specifically silvicultural treatment of root disease and will perform independent functions and responsibilities in the area of its particular field of expertise. WTM 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, WTM shall work under the direction of the Forestry Manager. 5. INDUSTRIAL INSURANCE: WTM agrees to provide for State PROFESSIONAL SERVICES AGREEMENT --1-- WTM.PSA - Agreements Disk 1 - 4/7/98 industrial insurance coverage for its personnel as required by State law. 6. LICENSE AND TAXES: WTM shall possess a current Bremerton Business License and any regulatory license required to fulfill WTM obligations under this Agreement. B & 0 taxes shall be paid when due and WTM, 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, WTM 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 of this Agreement a policy of comprehensive general liability insurance, providing coverage of at least $1,000,000.00 in connection with the work to be performed by WTM under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said comprehensive general liability insurance. WTM 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of WTM, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. 8. GENERAL CONDITIONS: a. Reports and Information - WTM, 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. WTM 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 PROFESSIONAL SERVICES AGREEMENT -2- WTM.PSA - Agreements Disk 1 - 4/7/98 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 WTM or by WTM to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA. 98337 Washington Timberland Management , Inc. P.O. Box 130 Union, WA. 98592 Attn: Gary A. Hanson, President 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 - WTM 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. 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: WTM shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status 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 thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which WTM is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- WTM.PSA- Agreements Disk 1 - 4/7/98 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. WASHINGTON TIMBERLAND MANAGEMENT, INC. Date: BY: GARY A. HANSON, President CITY OF BREMERTON Date: BY: LYNN HORTON, Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director Public Works & Utilities L/OVED AS T~ FORM: h~-~A-~A~CA, City-Attorney RECEIVED FOR FILING: PAULA JOHNSTON, DEPUTY CITY CLERK PROFESSIONAL SERVICES AGREEMENT -4- WTM.PSA - Agreements Disk 1 - 4/7/98 EXHIBIT "A' (Attachment to be part of Professional Services Agreement for "Forest Disease Mitigation and Salvage") Scope of Services Deliverables: Within areas selected by the Forestry Manager and for which the City has obtained a Forest Practices Permit from the Washington State Depamnent of Natural Resources, WTM shall provide the following: 1) Field confirm disease pockets identified from GIS maps or ground reconnaissance. 2) Field mark individual trees and/or harvest unit boundaries for removal and salvage of diseased and at-risk timber according to best management practices (when appropriate) for mitigation of laminated root disease (Phellinus weirii). 3) Salvage merchantable timber to best possible domestic markets; arrange for and supervise all logging and hauling activities. Leave harvest sites in condition for reforestation (no large accumulations of slash in the harvest unit; slash at landings to be machine piled and trailed). 5) Maintain written records in a format approved by the Forestry Manager, and compatible with the Utility Land Management Plan. Records to include, but are not limited to the following: Site identification consistent with Utility Land Management Plan data base · Site condition smmnary · Site acreage · Volume removed · Reforestation recommendations 6) Provide log accountability records and timber payment disbursements including periodic and final accounting statements. 7) Accomplish road betterment (labor, equipment, and rock) for access to harvest units up to an aggregate value of $12,000. City to provide required culverts. 8) Provide at no charge to City, cruises/appraisals and sale layout work for competitive bid timber sales up to an aggregate value of $6,000. 9) Provide assistance for timber inventory data base. All activities to be pre-approved by the Forestry Manager and consistent with sound forestry prac- tices. Special emphasis will be given to locating harvest units and boundaries to prevent isolation of adjacent timber and take best advantage of access and topography with consideration for future harvest units. EXHIBIT "B' (Attachment to be part of Professional Services Agreement for "Forest Disease Mitigation and Salvage") Compensation Schedule Log Salvage: 1) WTM shall receive eight percent (8%) of the delivered log price for timber salvaged as part of this agreement. No compensation will be paid for WTM for pulp sort prices under $26/ton delivered price. Delivered log prices shall be from the best possible domestic markets (all City timber is export restricted under WAC 240-15; all pertinent State regulations apply). 2) The following shall be deducted from log proceeds: · WTM Fee (8%) · Logging and haul costs · Authorized road building expenses · Forest Excise and B & O taxes 3) WTM shall provide the City with a periodic summary in a format approved by the Forestry Manager showing market, volume and grade dehvered, price per unit, total mill payments, disbursements to the City, WTM and logger, as well as other expenses described above or required by the Forestry Manager. 4) WTM shall provide the City with an account of expenses incurred for road betterment and technical forestry assistance as described in Exhibit "A", items 7 and 8. Out of Scope Expenses: Any out of scope services approved by the Forestry Manager shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services $50.00/hour Mileage $0.30/mile WTM shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. PUBLIC WORKS AND UTILITIES 3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 - FAX (360) 478-5018 MEMO TO: Mayor Lynn Horton Bremerton City Council FROM: Bill McKinm'y, Fore~try Manager DATE: February 13, 1998 SUBJECT: Forestry Workshop Mayor - I very much appreciate your taking time to attend the Aerial Photo/Computer Imaging Wor~hop and your opening remarks to the attendees on January 27th. The comments we received from attendees were very positive. This was an opportunity for the Forestry Division to share new technology, which for us, has been very effective, with other forest land managers. Attached is an outline of the information we presented to the group and following is a surrmmry of the Forest Health Program (a copy is also going to the City Council, for their information). Forest Health was addressed in the UOlity Forest ZandManagement Plan adopted by the City in "~ 1997. The main focus for our forest is laminated root rot, a common disease that causes moruality and decline in Douglas fir. Goals of the program include: identification of mortality through computer imaging of aerial photographs; salvage of dead and declining trees; containment of disease spread; and keeping infected sites productive through reforestation with resistant tree species. These goals must be achieved within the constraints of maintaining water quality within an unfiltered surface water supply system. / In 1996 and 1997, both allowable harvest and revenue goals were met with timber salvaged under this program. Selective harvests were conducted in the Union River basin from June through November 1997. No negative effects to water quahty from harvest operations have been detectext to date (Mindy F0hn of the Water Resources staff addressed results of stream monitoring implemented in conjunction with this project - sununary avached). The Forestry Division is currently evaluating how best to continue this program within the management objectives of the Water Utility. The benef-as of effectively mana~in~ this disease are to be realized in reducing loss of value in existing forest stands and maintaining productivity for future. Please contact me with any questions or comments. Again, thank you for your participation. Equal Opportunity Employer PUBLIC WORKS AND UTILITIES 3027 Olympus Drive · Bremerton, WA 98310-4799 · (360) 478-5318 · FAX (360) 478-5018 AERIAL PHOTO/COMPUTER IMAG/NG WORKSHOP January 27, 1998 Bremerton, Washington S,ummary of City of Bremerton's Forest Health Program Utility and Forest Land Management Plan developed for lands owned by the Bremerton Water Utility and adopted in 1997 bythe City Council. Key Plan components: 1) Meet federal EPA and Washington State Dept. &Health standards for continuing an unfiltered surface water supply system 2) Inventory and document the forest resource in a maintainable format 3) Develop a GIS system for 8,300 acres of Water Utility land 4) Address forest health issues - primarily laminated root disease The Forest Health Program is a derivative of the Land Management Plan. Major concerns regarding laminated root rot were: 1) Maintain water quality and productivity of forest lands 2) Locate and identify disease centers on a large scale 3) Salvage merchantable dead and distressed timber 4) Containment of laminated root disease 5) Reforestation with resistant species suitable for site conditions Implementation began in 1996 based on the technology developed by Northwest Aerial Reconnaissance The City was assisted by Washington Timberland Management under a professional services agreement to provide field work, harvesting, and marketing. Salvage of dead and distressed timber as well as some flfinnmg of adjacent stands in 1996 and 1997 brought the following results: 1) Annual cut for both years was achieved primarily under this program 2) Revenue goals were met for both years 3) Approximately 50% of the identified sites were addressed 4) Reforestation with westem white pine and western red cedar is ongoing Challenges: 1) Accurate adjustments to inventory data base 2) Leaving manageable stands adjacent to harvested areas 3) Establishing, monitoring, and managing plantations resulting from RR harvest units Equal Opportun~Em41oyer ~r Water Quality Monitc_,g of Streams in the Root-Rot Harvest P, :ct Mindy Folm, Environmental Te~:lmician, City of Bremerton, Water ReSources Division (360) 478-2347 Ja-uary 26, 1998 Introduction The City of Bremerton had recently completed a one-year baseline water quality monitoring effort of streams located on Utility forest lands...The City then decided to momtor the streams within the harvest areas for potential impacts fi.om logging operations. *The most likely immediate effects on water quality would 1~: · elevated turbidity, nuU'iea~ and fecal coliforms during rainfall events The most likely long-term effects would be: · elevated levels of nutrients in the reservoir compared to baseline data · elevated stream flows during heavy rainfall events compared to previous high flow measurements · extreme stream channel morphology changes Monitoring performed to detect these potent/al impacts included: · Monitor atreama during the harvest period · Monitor streams during two high flow events and two base flow events following the harvest · Monitor the reservoir and feed water for nutrients monthly for one year following harvest · Perform reference point survey and canopy closure d~termination of the West Branch Union River ' ' Results-to-Date Harvesting was performed June through December 1997. It was an unusually wet summer, shutting down logging operations at times. Eight sampling stations were established spanning the Union River, West Branch Union River, East Branch Union River, and Lescoe Creek. The Union River and the West Branch Union River are dmkmg water supply sources. During the early harvest period samples were collected on slx occasions. Two momtoring events were performed during si~ificant ra/nfall events of July 8 and August 26. 24 Hour Rainfall Prior to Water Quality S .ampfing During the Hat. st Period Sampling Date Samples were analyz~ ~r typical field parameters (dissolved oxyg :eml~rature, pH, conductivity, turbidity)~nd by Hach lab methods for nitrate-nitrogen'-and soluble reactive phosphorus. A contract lab performed the analysis for fecal coliforms and total suspended sohds. The upper west fork of the Union River is the main feed into the reservoir. Turbidi~. nutrients and _fec.~l coliform levels rose minimally durir~ wet wealher, West Branch Union River and Lescoc. Cree~ shnwed a similar !ack of a rise in parameters indicative 0f sail erosion. Ulcer West Fork UuJ~n Ri~r (UR05) 2.50 2.00 1 .$0 1.00 0.50 0.00 1 Rainfall ---1.--Turbidity However, some additional thinning of trees and road building activities took place in the area surrounding the East Branch Umon River, which is not a drinking water source. Very slight increases in turbidity, but not nutrients or fecal coliforms could be detected. The highest turbidity. is 2.17 NTU, which is still low and is not indicative of problems with erosion~ 2.50 2.00 1.50 1.00 0.50 0.00 East Branch Union Rimr (EBOn) 1.20 1.00 0.80 0.60 0.40 0.20 0.00 + T arbidit y J Future Monitoring: · Monitor sites for water quality parameters and flow measurements for two high stream flow events during the winter 1998 · Monitor sites for water quality parameters and flow measurements for two base stream flow events during summer and fall 1998 Perform annual reference point survey of the West Branch Union River to monitor channel morphology Perform annual canopy closure measurements of the West Branch Umon River Monitor nutrient levels monthly of the reservoir and the feed waters for one year following AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement between City of Bremerton and Beak Consultants, Incorporated/Sampling and Analysis ofWWTP Outfall Sediments FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 22- April 16r, 1998 Public Works & Utilities Pat Coxon, WWTP M~r April 3, 1998 2. CLEARANCES: (comment on back i~ ~,/ 3. EXHIBITS Director,' Public Works/Utilities ~ ×~/{;~'~/~ //2, ,~.~ ~,Profession''''''''=''''~ Services Agreement with City. Attorney f.-)// ~z>7__ ,~corporated City Treasurer Coun Operations Committee ~ .~~-~' Purchasing Agent )c couscm sm r[g _ , stm rr u: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City ofBremerton NPDES Permit for the Wastewater Treatment Plant provides for sediment monitoring in Sinclair Inlet which includes collection and analysis of sediments in Sinclair Inlet. The Washington Department of Ecology (DOE) requires the submission ora Sediment Data Report containing the results of the sediment sampling and analysis no later than June 30, 1998. Proposals were received from four qualified contractors and Beak Incorporated (Beak) was selected for this work. The professional services agreement provides for Beak to provide the services outlined in the Scope of Work to enable the City to meet the DOE requirement, at an estimated cost of $55,454. This agreement also provides for additional work to be performed by Beak upon the request and approval of the City. Total costs of the entire contact including additional work to be performed, if any, shall not exceed $75,000. 8. RECOMMENDATION: That the City Council approves the professional services agreement and authorizes the Mayor to sign the professional services agreement with Beak Incorporated in an amount not to exceed $75,000 subject to City policies and procedures. 9. RESPONSI~BLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PW&UtilsDir WWTPMgr PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will be in violation of its NPDES Permit. Wastewater Treatment Plant. Revocation of the permit will be detrimental to the operation of the 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: No impact on staffing, facilities, equipment and other resources. Funding for this project has been budgeted in the 1998 Wastewater Fund. e RESEARCTI SOURCES City ofBremerton NPDES Permit WA 002928-9. AGENDABL beak consultants incorporated BEAK AGREEMENT NO. AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF BREMERTON AND BEAK CONSULTANTS FOR ENVIRONMENTAL SERVICES Beak Consultants Incorporated ("Beak") agrees to provide professional services, and the City of Bremerton ("Clients") agree to purchase professional services, as follows: 1. Service Defined. Beak and Client agree that the terms and conditions of this agreement shall apply to consulting and other professional services (the "Services") that Beak performs for the Client at Client's request. The Services may include consulting, engineering, project management, studies, data collection, simulation modeling, data analysis, report preparation and other services that Beak may make available to Client. 2. Work Orders. 2.1 Unless otherwise authorized by the Client, all Services shall be performed pursuant to work orders signed by authorized representatives of Client and Beak. Each work order shall contain, among other provisions, a description of the Services to be performed, a performance schedule and a cost estimate. 2.2 All work orders shall be subject to the terms and conditions set forth in this agreement. In the event any provisions contained in a work order conflict with any terms or conditions in this agreement, the provisions of this agreement shall govern unless the work order specifically slates that it is intended to amend this agreement. 2.3 The initial work order made active with this Agreement is Exhibit A. Signature to this Agreement is authorization for the work and budget described in Exhibit A. 3. Charges and Payment. 3.1 Client shall pay for all Services on a time and materials basis. Beak shall make available to Client its schedule of rates for its personnel's time and certain other related expenses, such as expenses for photocopy. word processing or use of computers, or other special equipment. Client agree to pay for all Services in accordance with Beak's established schedule of rates. The City of Bremerton is the Client to whom Beak will send each monthly invoice and who has responsiblity for payment to Beak. Beak reserves the right to change its scheduled rates on January 1 of each year. Beak's schedule of rates in effect on the date Beak accepts a work order shall apply to Services performed under that work order; provided that effective each January I Beak may adjust the rates applicable to existing work orders to reflect Beak's schedule of rates then in effect. 3.2 Client agrees to pay Beak for all expenses related to Services, which expenses may include; travel (including local travel), meals and lodging expenses; expenses for reproductions, deliveries, supplies, equipment rental, and freight; and subcontractor charges. Alt such expenses shall be billed to Client at Beak's actual cost plus 10 percent. 3.3 In the event any foreign, federal, state or local taxes are assessed on the Services or any item delivered under any work order, Client shall reimburse Beak for all such taxes. 3.4 Beak shall invoice Client at the beginning of each month for Services performed during the preceding month. All invoices shall be payable upon receipt by Client and shall be past due 30 days after the date of the invoice. Beak may assess to Client a late-payment charge for any invoiced amount not paid within 30 days after the date of the invoice, which charge shall be equal to 1.5 percent per month of the unpaid amount from the date a.'contract. 1 Printed on Recycled Paper BEAK CO~\'TUL TA:VT$ LVCORPOtL4 TED beak consultants incorporated of the invoice until paid. Such late-payment charge shall be in addition to. and not in lieu of, any other rights and remedies Beak may have under applicable laxvs or this agreement. 4. Term and Termination. 4.1 This agreement shall commence on the date it is executed by both parties and shall continue in effect until it is terminated by either party by written notice to the other. 4.2 Upon termination of this agreement. Beak shall prepare a final invoice for all Services performed to the date of termination, and Client shall pay such invoice pursuant to the terms of Section 3 above. If such termination is at the request of Client, Client shall reimburse Beak for any reasonable costs Beak incurs to effect the termination, which costs may include, without limitation, the cost of irretrievably committed resources and the cost of documenting the Services performed to the extent necessary to protect Beak's professional reputation. 5. Warranty, Limitations of Liability and Indemnity. 5.1 Beak warrants that the Services shall satisfy the standards of care, skill and diligence ordinarily provided by a professional in the performance of similar services as of the time Beak performs the Services. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 5.2 Beak will provide Comprehensive General Insurance in the amount of $1,000,000 per occurance. Beak will also provide General Aggregate Insurance in the amount of $2,000,000. 5.3 No action relating to Services performed under this agreement may be brought by either party more than two years after the date such Services are performed, except that an action for nonpayment may be brought within two years of the date of the last payment. 6. Confidentiality and Rights to Original Works. 6.1 Any and all information (except such information as may be established to be public record) revealed by either party to the other during the course of this agreement, and designated in writing when revealed as confidential or proprietary, shall at all times be kept confidential by such other party, and such other party shall instruct its employees to keep such information confidential by using the same care and discretion that they use with respect to similar information that such other party designates as confidential. All information contained in Beak's proposals, rate schedules, work orders, billings and this agreement is designated as confidential, to the extent allowed by law. 6.2 Client shall have a nonexclusive license to use all original written material prepared by Beak pursuant to this agreement, including computer programs, tapes, listings, reports and other documentation. 7. General. 7.1 Beak shall have the right to engage other parties (including corporations affiliated with or related to Beak) to assist it in the performance of the Services. Beak reserves the right to change at its sole discretion the personnel it assigns to the performance of the Services. 7.2 Neither Beak nor Client shall be considered in default in the performance of its obligations under this agreement, except with respect to the obligations to make payments pursuant to Sections 3 and 5, to the extent that the performance of any such obligation is prevented or delayed by acts of God or a public enemy, restraints of the government, strikes or any causes of any nature that could not with reasonable diligence be controlled or prevented a.'contract. 2 Printed on Recycled Paper BEAK CO~VSUL TANTS INCORPO&4 TED beak consultants incorporated by the party whose performance is prevented or delayed. 7.3 With respect to any person employed by Beak during the term of this agreement. Client agrees it will not solicit for employment, employ (directly or indirectly) or permit such person to perform any services for or on behalf of Client during the term of this agreement and for a period of one year thereafter. 7.4 In making and performing this agreement, the parties are independent contractors, and at no time shall either party make any commitments or incur any charges or expenses for or in the name of the other party without prior written consent. 7.5 All notices and payments under this agreement shall be personally delivered or sent by first-class mail, postage prepaid, addressed to the other party at the address set forth below or as otherwise designated in writing to the other party. All notices shall be in writing. Notices shall be deemed given when received and shall be deemed received when personally delivered or 48 hours after they are postmarked, if sent by mail. 7.6 If in any judicial proceeding a court shall refuse to enforce all the provisions of this agreement, the scope of any unenforceable provision shall be deemed modified and diminished to the extent necessary to render such provision valid and enforceable. In any event, the validity or enforceability of any such provision shall not affect any other provision of this agreement, and this agreement shall be construed and enforced as if such provision had not been included. 7.7 This agreement shall inure to the benefit of, and be binding upon, the parties and their respective successors and assigns. Notwithstanding the foregoing, neither party shall assign this agreement or any rights or obligations hereunder, and any such assignment shall be void; provided, however, that Beak shall be entitled to assign this agreement to any corporation controlled by or having a controlling interest in Beak. 7.8 This agreement and any referenced attachments, exhibits or schedules (which are incorporated herein by this reference) are the entire agreement between the parties and supersede all previous agreements or understandings between them. This agreement may be modified only in writing, signed by both parties. 7.9 This agreement shall be governed by and construed under the laws of the State of Washington. 7.10 Any waiver with respect to the provisions of this agreement shall not be effective unless in writing and signed by the party a~ainst whom it is asserted. No such waiver shall constitute a waiver of any subsequent breach or default. 7.11 If a legal action is filed by any party to enforce or interpret a provision of this agreement or otherwise with respect to the subject matter of this agreement, the prevailing party shall be entitled, in addition to their rights and remedies it may have, to reimbursement for its expenses incurred with respect to such action. including court costs and reasonable attorneys' fees at trial, on appeal and in connection with any petition for review. 7.12 In the event Beak is compelled by any judicial or other governmental authoriu,' to testify,' or produce documents in connection with the Services or any matter relating to the Services in any investigation or proceeding to which Beak is not named as a party., Client shall compensate Beak for all such services according to the terms of this Agreement to the extent not otherwise compensated. 7.13 The obligations and rights of the parties under Sections 5, 6, and 7 shall survive expiration or termination of this Agreement for any reason. a.'contract. 3 Printed on Recycled Pa,oer BEAK CONSUL T,4NTS INCORPOPM TED beak consultants incorporated BEAK CONSULTANTS INCORPORATED 12931 NE 126th Place Kirkland, WA 98034-7716 (206) 823-6919 Facsimile (206) 820-9399 Title ,/ Date .' ,/ CITY OF BREMERTON Address Phone By. LYNN S. HORTON Title Mayor Date Departmental Approval: W.'Euge~e Sampley, P.E. Director of Public Works and Uti 1 i ti es APPROVED AS TO FORM: Glenna Malanca, City Attorney ATTEST: Kathleen McCluskey, City Clerk a.'contract. 4 Printed on Recycled Paper BEAK CONSUL TANTS INCORPORA TED beak consultants incorporated BEAK Reference No.- 22319 Date: March 31, 1998 WORK ORDER #001 Client Reference Number: Client Name: City of Bremerton Client Administrator: Mr. Pat Coxon TASK NAME/DESCRIPTION Task 100 - Project Management, Communications Task 200 - Task 300 - Task 400 - Task 500 - Task 600 - Task 700 - Task 800 - Obtain Approval of Sediment Sampling and Analysis Plan (SMS SAP) Field Sampling Mobilization/Demobilization Sediment Sample Collection Chemical Analysis of Sediments Bioassay Analysis of Sediments Sampling and Analysis Report SEDQUAL Data preparation/submittal SECTION I - STATEMENT OF WORK This exhibit sets forth tasks to provide for sampling and analysis of sediments in the vicinity of the City of Bremerton Wastewater Treatment Plant (WWTP) Outfall 001 and produce a sediment baseline study report satisfying the requirements of conditions Sll (Sediment Monitoring[Marine]) of the City of Bremerton NPDES Permit No. WA-002928-9. The Scope of Work shall be as set forth in the City of Bremerton 'Wastewater Treatment Plant Sediment Baseline Sampling and Analysis Plan' (Beak Consultants, June 1995) and revisions to the plan in response to Washington State Department of Ecology (Ecology) comments of January 18, 1996. This exhibit is part of the Agreement for Professional Services between the City of Bremerton and Beak Consultants Incorporated (dated April 1, 1998), and amends and modifies this agreement as stated in specific sections of this exhibit. SECTION II - DESCRIPTION OF WORK Task 100 - Project Management, Communications - Beak will manage the project and maintain communication with the City's Project Monitor during the course of the project. Beaks' Project Manager will initiate telephone conversations to the Project Monitor on a minimum of a monthly basis to provide status updates on the progress of the project. The Beak Project Manager will review project expenditures and approve invoices prior to submittal on a monthly basis. Beak will participate in telephone conversations with the City of Bremerton Project Monitor, and Ecology personnel to resolve/negotiate issues regarding the sampling plan approval and the final report. This estimated cost and scope of this task does not provide for meetings. Task 200 - Revise Sediment Management Standards Sampling and Analysis Plan (SMS SAP) - Beak will revise or amend by letter the City of Bremerton 'Wastewater Treatment Plant Sediment Baseline Sampling and Analysis Plan' (SAP; Beak Consultants, June 1995). The plan, written to fulfill requirements of the Washington State Sediment Management Standards (SMS; WAC 173-204) will be amended to address Ecology comments contained in the January 18, 1996 letter from Ms. Pamela Sparks-McConkey of the Ecology Sediment Management Unit. Task 300 - Field Sediment Sampling Mobilization/Demobilization - Beak personnel will perform logistic preparation and coordination before and after the field sampling effort. Beak will coordinate with WORKORD.001 Page 1 March 31, 1998 Printed on Recycled Paper beak consultants incorporated the analytical and bioassay laboratory personnel to obtain the appropriate sample containers prior to the field sampling effort. Other tasks which Beak will perform include coordination/contracting of the sampling vessel, purchase of decontamination solvents and expendable supplies and preparation of sampling and navigation equipment. Task 400 - Field Location of Wastewater Outfall - The sediment sampling stations identified in the SAP are located in relation to the wastewater diffuser. The City of Bremerton will provide as-built maps and/or position data of the wastewater outfall, as per Section V, prior to Beak entering the field. Beak personnel will locate the wastewater outfall with the assistance of City of Bremerton personnel after arrival in Bremerton for the field sediment sample collection effort. This may require using dye tracers to locate the ends of the outfalls, and/or use of an echosounder and DGPS navigation to locate the outfall. Task 450 - Sediment Sample Collection - Beak personnel will perform sampling in accordance with the revised or amended City of Bremerton 'Wastewater Treatment Plant Sediment Baseline Sampling and Analysis Plan'. Beak personnel will collect samples near the City of Bremerton WWTP outfall 001 for both chemical and biological analyses as required under both the SMS and PSDDA program will be collected at the same time during the field effort. Task 500 - Chemical Analysis - Sediment chemistry samples will be submitted to an accredited analytical laboratory for analysis of conventional parameters (total solids, total volatile solids, total organic carbon, total sulfides, ammonia, oil and grease, grain size) and specific parameters in the following chemical groups: · Metals · Phthalate Esters · Polycyclic Aromatic Hydrocarbons · Phenols · Chlorinated Hydrocarbons · Polychlorinated Biphenyls · Volatile Organic Compounds · Pesticides · Miscellaneous Organics The results of the chemical analyses will be compared with the marine SQS chemical criteria in (WAC 173-204-32012]). If all test sediments pass the initial designation procedures of WAC 173-204-310, (e.g. do not exceed marine SQS criteria) no further testing will be conducted and a final report will be prepared (Task 700). Task 600 - Bioassay Analysis - Biological samples will be stored at the bioassay laboratory pending outcome of the sediment chemistry analyses. If initial designation of any of the test sediments fail. Confirmatory Marine Sediment Biological Tests (WAC 173-204-315) will be performed on only those samples which exceed SQS criteria. Bioassay analyses will be initiated within 56 days of sample collection. provided that the analytical lab provides notification of SQS exceedances within 21 days of receiving the samples. A reference sample for bioassay analysis will be collected from an approved Puget Sound reference area and tested concurrently with the test sediments. Two acute and one chronic bioassay analysis will be conducted on each test, reference and control sediment. The results of the bioassay analyses will be compared with the marine SQS biological effects criteria (WAC 173-204-320). WORKORD.~I Page 2 Printed on Recycled Paper March 31, 1998 beak consultants incorporated Task 700- Sampling and Analysis Report - Beak will prepare a final report documenting the activities associated with the sediment monitoring study. The bioassay and chemical analysis laboratory reports will be included as appendices. In accordance with WAC 173-204-600 and Ecology requirements, descriptions of the following will be included in the final report: · Sampling equipment and methods · · Sample collection personnel · · Sampling dates · · Sample location and depth · · Sample positioning methods · · Sample compositing procedures · Sample descriptions Chemical analysis protocols Chain-of-custody procedures Quality assurance/quality control procedures Raw data results from laboratory analyses QA2 data required for data validation Task 800 - SEDQUAL Data Submittal - Beak will enter all sampling and sediment chemistry and bioassay data into an EXCEL file for input into Ecology's SEDQUAL database. Beak personnel will perform quality assurance checks of the entered data and will coordinate with Ecology managers for submittal of the data in electronic format. SECTION III - DELIVERABLE PRODUCTS Beak will submit six copies of the final Sampling and Analysis report, with laboratory reports as appendices, to the City of Bremerton Project Monitor. Beak will prepare and submit one copy of the QA2 laboratory data and one diskette containing Microsoft EXCEL files with SEDQUAL data to Ecology's database manager upon approval of the City of Bremerton Project Monitor. SECTION IV - BEAK RESPONSIBILITIES BEAK will ensure that the services set forth in this exhibit, whether performed by Beak or by subcontractors employed by Beak, are performed in accordance with the procedures and protocols described and/or referenced in the revised or amended City of Bremerton Wastewater Treatment Plant Sediment Baseline Sampling and Analysis Plan and response to comments to this plan as described in this exhibit. Beak will make all reasonable effort to ensure that holding times for all samples are not exceeded and that chemical analysis is completed in time to identi~ samples requiring bioassay and complete bioassay testing within holding times specified in the Sampling and Analysis Plan. Beak will provide the City with timely notification of any problems in sampling and/or analysis so the Cib' can arrange any extensions of reporting timelines necessary with the Department of Ecology. In the event that resampling is needed, BEAK will arrange in a timely manner to conduct additional sampling and coordinate testing at the rates for such services established in the contract. Beak is responsible for securing all sampling equipment, collecting the samples and coordination with the Analytical and Bioassay Laboratories. Beak is not responsible for obtaining or failing to obtain approval of the Sampling and Analysis plan from Ecology, but Beak can assist the City in this effort. If requested by the City of Bremerton, Beak will respond to questions and comments from Ecology which are specifically related to the above scope of work to the extent that the questions and/or comments can be addressed with a telephone conversation or a written communication. WORKORD.001 Page 3 ¥5 March 31, 1998 Printed on Recycled Paper beak consultants incorporated SECTION V - CLIENT RESPONSIBILITIES The City of Bremerton is responsible for meeting the requirements of the NPDES permit and any associated regulatory requirements, such as testing and disposal requirements imposed by Ecology and other state agencies. The City is responsible for providing Beak with an AutoCad *.DWG or *.DXF file or a coordinate-referenced as-built map of the Bremerton wastewater outfall with the approximate shoreline location in the Washington State Plane coordinate system. The City will provide this file and/or map to Beak at least 2 weeks prior to sample collection, such that coordinates of the planned sampling stations can calculated relative to the diffuser in the appropriate coordinate system as specified in the sampling plan. SECTION VI - COST ESTIMATE As per Section 3 of the Agreement for Professional Services. Beak ~vill conduct the above scope of work on a time and materials basis in accordance xvith the attached copy of Beak's rates. Task 100- Task 200 - Task 300 - Task 400 - Task 500 - Task 600 - Task 700 - Task 800 - Project Management, Communications ............................. $1,241 Obtain Approval of Sediment Sampling and Analysis Plan (SMS SAP) .......... $570 Field Sampling Mobilization/Demobilization ......................... $1,922 Sediment Sample Collection .................................... $4,791 Chemical Analysis of Sediments ................................. $14,520 Bioassay Analysis of Sediments .................................. $26,620 Sampling and Analysis Report ................................... $4,719 SEDQUAL Data preparation/submittal ............................. $1,070 TOTAL ......................................................... S55,454 SECTION VII - SCHEDULE Time is of the essence of this agreement. A tentative schedule is included (Attachment A). It is understood by both parties that the nature of this project is time sensitive and that the holding times of the test samples are limited. Beak will work with the laboratories and make every effort to accomplish all the necessary testing within these holding times. If necessary to meet time constraints, Beak will select alternate laboratories and coordinate the transfer of samples and arrange for analysis according to protocols in the City of Bremerton Wastewater Treatment Plant Sediment Baseline Sampling and Analysis Plan . In the event that notwithstanding the best efforts of Beak. difficulties in chemical analysis and/or bioassay testing cause delays and exceedences of regulatory holding times and require the collection of additional samples, Beak will provide additional sampling and coordination at the rates for such services established in the contract. WORKORD.~I Page 4 Printed on Recycled Paper March 31, 1998 beak consultants incorporated AC CEPTANCE/AUTHORIZATION BEAK CONSU~...TANTS INCORPORATED Gary Mauseth Principal THE CITY OF BREMERTON By: LYNN S. HORTON, Mayor Da te: Departmental Approval: .<~. Eugene ampley, P.E. Director of Public Works and Utilities APPROVED AS TO FORM: Gl enna Malanca, City Attorney ATTEST: Kathleen McCluskey, City Clerk WORKORD.001 Page 5 ¥? March 31, 1998 Printed on Recycled Paper