The URL can be used to link to this page

Home My WebLink About11/16/05 AGENDA m i' I ': 11, ':; ;1: '!' H . :;1 - _E ;;f :1 - l;t trj! 1 "<, ,'-', -, - ,,"j '. _'_'. ", ,~.~."_,,,u_, ~,~,~,',.."._, rf:~II{~ilj CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280 NOVEMBER 16, 2005 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business B. Executive Session to "Evaluate an Application" per R.C.W. 42.30.110(1)(g) C. Professional Services Agreement with WALKER MACY for Landscape Architecture & Urban Design Planning for Harborside Park; Bldg 50, addition, and adjoining grounds; and Memorial Plaza [There will be no action taken tonight on this item} 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC SERVICE ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB05-259) B. Minutes of Meeting - November 2, 2005 (#AB05-260) C. Minutes of Meeting - November 9, 2005 (#AB05-261) D. Authorization to Purchase Used Passenger Van (#AB05-262) E. Bid Award to TGW, INC. dba EXCEL CONSTRUCTION for Remodel of Public Works & Utilities Building, Second Floor, Phase III (FINAL) (#AB05-263) F. Budget Adjustment and Purchase of a Telephone System Upgrade for the Main PBX and Meridian Voice Mail Systems (#AB05-264) G. Professional Services Agreement with BROWN & CALDWELL for Engineering Design Services for Sewage Pump Station CE-6. 2006 Modifications (#AB05-265) H. Professional Services Contract between the CITY OF BREMERTON and CENTRAL KITSAP FIRE & RESCUE with EMERGENCY SERVICES CONSULTING, INC. to conduct an Evaluation and Cooperative Effort Feasibility Study (#AB05-266) I. Interlocal Agreement between Kitsap County and Cities of Bremerton, Bainbridge Island, Port Orchard, and Poulsbo to provide Emergency Management Services (#AB05-267) 6. PUBLIC HEARING A. Public Hearing on Revenue Sources for FY2006 Budget; and Ordinance No. 4953 to levy property taxes for collection in 2006 (#AB05-269) 7. GENERAL BUSINESS A. Professional Services Agreement with PARAMETRIX, INC. for Chevron Property Soil Sampling (#AB05-268) 8. PUBLIC RECOGNITION 9. EXECUTIVE SESSION - To discuss "Pending Litigation" per R.C.W. 42.30.110(1 )(i) 10. COUNCIL MEMBER REPORTS 11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING fI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 03 Phone (360) 473-5280 ., PROCLAMATION WHEREAS, the global epidemic ofHIV infections and AIDS requires a worldwide effort to increase communication, education and united action to stop the spread ofHIV and AIDS; and WHEREAS, the Joint United Nations Program on HIV/AIDS (UNAlD) observes December 1 st of each year as World AIDS Day to celebrate the progress made in the battle against the epidemic and brings into focus the remaining challenges; and WHEREAS, AIDS and mv continue to be health concerns here in Kitsap County as well as in Washington State in that more than 12,000 cases of AIDS have been reported in Washington State since 1982, and there are 10,000 people living with HIV or AIDS in Washington State; and WHEREAS, W orId AIDS Day 2005 provides an opportunity to focus local as well as national and worldwide attention on HIV and AIDS, and to disseininate information on how to prevent the spread of HI V ; and WHEREAS, as part of this year's W orId AIDS Day observance, people in the West Sound are encouraged to ensure that policies and programs exist to protect the rights of the people, to be informed and educated about the risk ofHIV infection, and to deliver care for those infected and affected. NOW, THEREFORE, I, Daren Nygren, President of the City of Bremerton, City Council, do hereby proclaim Wednesday~ December 1, 2005 as: WORLD AIDS DAY in the City of Bremerton, Kitsap County, Washington State. 1GNED this 16th day of November 2005. - e~!~ BremertoD City Council DATE SUBMITTED: BILL# y:;--;) sr:; ( AGENDA BILL CITY OF BREMERTON 5A CITY COUNCIL ........................................................................................ SUBJECT: Committee Meeting Date: Claim & Checks Register Approval COUNCIL MEETING Date: //-/6-oS- Department: Financial Services Presenter: Cathy Johnson Phone: SUMMARY: ATTACHMENTS: FISCAL IMP ACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FIS CAL/BUD GET: CONSENT AGENDA [gI OPERATIONS: COUNCIL PRESIDENT: y~~ RECOMMENDED MOTION: Move to approve: 1) Check#'s3639r7t- '30Lf-()~ EFT's nR'rJ-Xt,9/ $ IJ? ~ 7 ?tt;{. 6-c. -' ) 2) Regular Payroll for $ 3) Retiree Payroll for $ COUNCIL ACTION: ~ove o Deny o Table o Continue o No Action -~-- .- DATE SUBMITTED: tV 0 V e.. W\ \o.e.-r 7 I 2-00.5 BILL # 05 : :J6u AGENDA BILL CITY OF BREMERTON S,) CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A N o"€..ml.oe.r .;J.. j :LoC) 5 COUNCIL MEETING Date: N oV~M..~.......-- ,,,. ;200 5 Department: City Council . Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held No \I e.. W\..b.er- ;2. f :::to 05 , ATTACHMENTS: Minutes for Nov.e.vY\.be.r ;)../ :LaC> 5 . FISCAL IMPACTS (Include Budgeted Amount): 0 APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA IZI OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES VVednesday,November2,200S The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 34S 6th Street, Bremerton, Washington, Wednesday, November 2, 200S, at S:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, VVendy Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Council Also present were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church. A moment of silence was then held in memory of the passing of Civil Rights Icon Rosa Parks. President Nygren announced that a Pre-Council session was held in Council Conference Room 603 from S:OO to S:30 PM; that the Council would be holding a Joint Session with the Bremerton School District Board of Directors on Thursday, November 3 at S:30 PM in the School District Administrative Building located at 134 North Marion Avenue; if citizens would like to receive information on upcoming Council meetings, they may go to the City's website at or call the Council Office at (360) 473-S280. MAYOR'S REPORT Mayor Bozeman... . Presented the Mayor's .Employee of the Month Award to Charlotte Belmore of the Human Resources Department, and thanked her for her efforts and dedication; . Acknowledged the efforts of Gary Sexton in several on-going City projects; . Announced the Port of Bremerton will soon be ready to go out for bids on the new Bremerton Marina; . Thanked the "Friends of the Library" for their gift of funds for use in renovating the downtown library; . Commented on an article in the KITSAP SUN regarding the County Commissioner's denial to the Bremerton Housing Authority (BHA) for purchasing property in the County that was to be used for relocating Westpark residents; and added that the City remains committed to working with both BHA & the Kitsap County Consolidated Housing Authority (KCCHA). PUBLIC SERVICE ANNOUNCEMENTS . President Nyaren invited Council Member Carol Arends to present the City Pride Award for the Month of October 2005 to District 7 residents Michael & Beverly Kelly of the 100 block of North Lafayette Avenue. Mr. Kellv was present to accept the award and thanked Council Member Arends and the City for this recognition. CONSENT AGENDA A. Check Numbers 303683 through 303844; EFT-86S?; EFT-86S9; EFT-8661 through EFT-86?1; 86S8P; and 8660P in the amount of $708,063.29; Retiree Payroll for the pay period ending October 31,2005 in the amount of $101,441.02 (#ABOS-24S) B. Minutes of Meeting - October S, 200S (#ABOS-246) C. Minutes of Meeting - October 12, 200S (#ABOS-247) D. Minutes of Meeting - October 19, 200S (#ABOS-248) E. Minutes of Meeting - October 26, 200S (#ABOS-249) F. Bid Award to ADVANCED DOOR SERVICES, INC. for Fire Station Apparatus Bay Door (#ABOS-2S0) G. Professional Services Agreement with HDR ENGINEERING for Water System Plan and Regulatory Technical Evaluation (#ABOS-2S1) H. Budget Adjustment for FY200S Regarding Position Reclassification for "Web Support Specialist" in Public Works & Utilities (#ABOS-2S2) I. Professional Services Agreement with the BREMERTON SCHOOL DISTRICT for Full-Time School Resource Officer position (#ABOS-2S3) City Council Reg. Mtg. Minutes VVednesday, November2,200S Page 2 of 3 J. Professional Services Agreement with KCRlAMERICORPS for Community Service Work Program (#AB05-254) K. Professional Services Agreement with ROVANG & ASSOCIATES for Public Defender Services (#ABOS- 2SS) There were no comments from the public. 5:42:40 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented. 6A - ORDINANCE NO. 4952 AMENDING CHAPTERS 7.04. 7.15. AND 13.04 OF THE BREMERTON MUNICIPAL CODE (BMC) REGARDING ANIMALS AT LARGE (#AB05-256): Ken Mickelson, Parks & Recreation Director explained that he has been working with a group of citizens to develop a dog park where supervised dogs may go unleashed for exercise, socialization, and fun. The proposed ordinance amends the provisions of Chapters 7.04, 7.1S, and 13.04 of the Bremerton Municipal Code (SMC) to allow unleashed dogs in designated dog park areas within the City parks system. The Parks & Recreation Commission has reviewed this program and recommends the revision. He added that the ordinance would allow additional dog parks within the Parks system that would not require additional approval of the City Council. Additionally, he invited everyone to attend the Grand Opening and naming of the new dog park that would be held Saturday, November S, 200S at 10:00 AM. There were no comments from the public. 5:46:00 M/S/C/U (Arends/Priest) Move to pass Ordinance No. 49S2, amending Chapters 7.04, 7.1S, and 13.04 of the Bremerton Municipal Code (SMC) relating to animals at large. 6B - CONTRACT WITH SYNERGY CONSTRUCTION. INC FOR GENERAL MANAGER/GENERAL CONTRACTOR FOR BREMERTON HARBORSIDE PARK. NAVAL MUSEUM/BUILDING 50 RENOVATION. AND MEMORIAL PLAZA (#AB05-242): Garv Sexton, Economic Development Director recommended that the City of Sremerton enter into a contract for General Manager/General Contractor for Bremerton Harborside Park, Naval Museum/Building SO Renovation and Memorial Plaza in order to provide services during the design phase including design considerations, value engineering, cost estimating, alternative construction options, and project construction phase. Harborside Park will include reconstruction, design and installation of the USS STENNIS mast, placement of rocks, trees, artifacts,and other elements and materials. Naval Museum/Building SO Renovation consists partly of Building SO remodel for use as a museum with build out of a basement storage and interconnection to a building addition that is constructed partly from shipyard steel materials. Memorial Plaza consists partly of stepped plazas, placement of PSNS artifacts and landscape materials and development coordination with PSNS security and BCT/Pedestrian Access (Tunnel) Project. There were no comments from the public. 6:02:15 M/S/C/U (Arends/Short) Move to approve the General Manager/General Contractor Agreement with SYNERGY CONSTRUCTION, INC., as amended, for Bremerton Harborside Park, Naval Museum/Building 50 Renovation, and Memorial Plaza in the amount not to exceed $4,S04,200.00; and authorize the Mayor to finalize the agreement in substantially the same form as presented in conjunction with City Attorney approval. PUBLIC RECOGNITION Sandy Schaut was concerned about a pumping station at 2Sth & Snyder that blocks a view of the water. The Public Works Department had explained to her that the facility has been there a long time, and therefore was "grand-fathered in", but she recently found out that the facility was only installed in the last three years. She quoted Item 3 regarding "View Protection" of the "Utilities" policy of the Shoreline Master Plan that indicates scenic views are to be protected. President Nvaren asked that Ms. Schaut provide her concern in writing to receive a written response. City Council Reg. Mtg. Minutes Wednesday, November 2, 200S Page 3 of 3 I Larry Taylor also commented on the same issue, and asked the City Council to explain how the development in that area fits into the Policies and Regulations of the Shoreline Master Plan, and provided copies of the "Utilities" section. President Nygren reiterated his request that the concerns be provided in writing to receive a written response from the City. COUNCIL MEMBER REPORTS Brad Gehring reported on the successful "Survival Saturday" event that was held this past weekend; and announced that he would be hosting a Public Information Meeting on Thursday, November 10th beginning at 6:30 PM at the Sheridan Park Recreation Center Lounge located at the corner of Clare Avenue & Lebo Boulevard with representatives from the Public Works Department to discuss the "Warren Avenue Off-Ramp to Callahan Drive Project". Wendy Priest thanked the downtown businesses that stayed open late on Halloween to hand out candy; and reminded the public about the First Friday Art Walk activities this week. Carol Arends enjoyed her attendance at the annual Spaghetti Festa last Sunday sponsored by the Knights of Columbus, and reported on recent Kitsap Regional Coordinating Council Meetings she attended. Will Maupin reported on his attendance at the new 40S condominium project downtown, and feels the future is very bright for Bremerton. Mike Short announced that WSDOT would be providing "draw span testing" on the Hood Canal Bridge Thursday, November 10 from 4:00 AM to Midnight. The information letter is available at (360) 473-S280. Daren Nygren thanked the Parks Department and all the volunteers for putting on the well attended Halloween festivities at Sheridan Park; and also thanked the downtown businesses for participating in Halloween fun. Lastly, he thanked Assistant City Attorney Ken Bagwell for sitting in for City Attorney Roger Lubovich who is on a trip to his homeland in Yugoslavia. With no further business, the meeting of the City Council was adjourned at 6:10 PM. Prepared and Submitted by: ~ :s;,JtU LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJlls/cge DATE SUBMITTED: No"e,~b-er q I 2-005 BILL # ()C;-;;.,' . ,",. f,:) ( AGENDA BILL CITY OF BREMERTON 5c CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A NoVe.-mber- q I :woS COUNCIL MEETING Date: N OV eJ'Y\ be-r- I Cc:, I :2..oc>S Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held No ve...Vv'\.bu- Cf I :;...005 ATTACHMENTS: Minutes for N ov-e.W\be;r q I '2DoS FISCAL IMPACTS (Include Budgeted Amount): 0 APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA rzI OPERATIONS: COUNCIL PRESIDENT: ~~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: n AOOfove n Denv n Table n Continue n No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, November 9,2005 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington, Wednesday, November 9,2005, at 5:30 PM, with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Wendy Priest, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation provided by Council Member Carol Arends. President Nvaren announced that a Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM. PUBLIC SERVICE ANNOUNCEMENTS Brad Gehrina invited the public to attend a Public Information Meeting on Thursday, November 10, beginning at 6:30 PM at the Sheridan Park Recreation Center Lounge, located at the corner of Clare Avenue & Lebo Boulevard, to hear representatives from the Public Works Department discuss the "Warren Avenue Off-Ramp to Callahan Drive Project", Daren Nvqren advised that the Manette Bridge would be closed from 9:00 AM to 3:00 PM the week of Monday November 14 to Thursday, November 17 while WSDOT performs their annual maintenance inspection; and announced that a Pandemic Flu Community Forum would be held -, on Monday November 14, 2005 at the President's Hall at the Kitsap County Fairgrounds to present focuses on "What People Need to Know and Do", with a focus on businesses from 8:00 AM to 12:00 PM; and a focus on the community from 7:00 to 8:00 PM. CONSENT AGENDA A. Check Numbers 303845 through 303978; EFT Numbers 8657,8659,8661 through 8671, 8658P, and 8660Pin the amount of $840,112.13; and Regular Payroll for the pay period ending October 31,2005 in the amount of $657,042.63 (#AB05-258) There were no comments from the public. 5:34:30 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented. With no further business, the meeting of the City Council was adjourned at 5:35 PM. The Council reconvened in Council Conference Room 603 for a STUDY SESSION to hear presentations on upcoming agenda items. pr2~t and Submitted by: ~:V~~ CHRISTINE GRENIER . Council Assistant Attest: PAULA JOHNSTON, City Clerk DAREN NYGREN, City Council President DN/PJlls/cge DATE SUBMITTED: BILL # O,5~ -.)(.,).... AGENDA BILL CITY OF BREMERTON 5D CITY COUNCIL ........................................................................................ SUBJECT: Authorization to purchase used Committee Meeting Date: November 9, 2005 Passenger van. COUNCIL MEETING Date: November 16, 2005 Department: PW& Util Presenter: Jim Orton, Fleet Manager Phone: 5356 SUMMARY: Equipment services needs to purchase a van to replace one destroyed in an arson fire at the offices of Kitsap Community Resources in April 2005. This van is utilized by Americorps with whomthe city has a contract. This contract requires the City to supply them with a pickup truck and a 7 passenger van. The pickup truck was also damaged in the fire but was repaired and placed back in service. The cost to replace the van is approximately $5,000 and we have an insurance payoff of $3,778. After application of the insurance payoff: some additional funding from the General Fund will be required. The city has no surplus 7 passenger vans at this time. A TT ACHMENTS: Page 3 of the Professional Sevices Agreement with Americorps showing vehicle requirements. FISCAL IMP ACTS (Include Budgeted Amount): The net cost of $1 ,222 would be funded from General Fund ending fund balance. The adjusted ending balance after this item would be $2,203,419. APPROVALS: c;r )1;, " ! J) ) ~ DEPARTMENT DIRECTOR: '-_ _>' .. .. ,..' ~~~"..-:::. CITY ATTORNEY: ""...."" A FINANCE DIRECTOR: MAYOR: --.... - .-.- FISCAUBUDGET: ~~?Jl:;~, ' CONSENT AGENDA ~ OPERATIONS. ,,",.d./; ~ &./0.'1 "J ~ COUNCIL PRESIDENT: ~~'- ~______ RECOMMENDED MOTION: That the City Council approve the purchase of a used passenger van for a cost not to exceed $5,000 and the accompanying adjustment to the 2005 General Fund budget to reflect the vehicle purchase of $5,000 offset by $3,778 in insurance proceeds. The net cost of$I,222 to be fLmded from the budgeted ending fund balance. COUNCIL ACTION: 0 Approve o Deny o Table o Continue D No Action \ 9. GENERAL CONDITIONS: a. Reports and Information - KCRI AmeriCorps, 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 the Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. KCRlAmeriCorps will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Vehicles - The City will provide a van and pickup truck, vehicles for abatement clearing, maintenance on said vehicles, induding all regularly scheduled preventative maintenance and/or corrective maintenance required during normal operation. The to to operate saidvehicIes. If the City is unable to provide or replace vehicles that are not operable for more than three (3) working days, the Administrative Service Director or designee shall suspend service or agree to provide travel claim expenses at cents mile for an;: KCR vehicle that is used to continue agreement requirements. c. 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. d. Amendments - the parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. e. Notices - Any notices required to be given by the City to KCRI AmeriCorps or by KCRI AmeriCorps to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Russ Donahue, KCRI AmeriCorps 345 Sixth St. 802 ih Street Bremerton, WA. 98337 Bremerton, W A 98337 f. 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, 0 Compliance with State, Local and Federal Laws - KCRlAmeriCorps agrees to comply with 0' all applicable local, state and federal laws in performance of all services under this Agreement. h. 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. 3 Professional Services Agreement! Bremerton Community Service Program with Kitsap Community Resources/ AmeriCorps. Drafted 6/05 DATE SUBMITTED: 11/01/05 BILL # 0) --,:U3 AGENDA BILL CITY OF BREMERTON 5 E CITY COUNCIL ........................................................................................ SUBJECT: Bid Award Recommendations - Committee Meeting Date: 11/09/05 Remodel of Public Works and Utilities COUNCIL MEETING Date: 11/16/05 Building, Second Floor, Phase III (Final) Department: PW & U Presenter: Wayne Hamilton Phone: X 5207 SUMMARY: Call-For-Bids was prepared, advertised, distributed and received in accordance with City Bid Procedures. Five (5) bids were received. The low bidder is TGW Inc. dba Excel Construction, Poulsbo, Washington in the amount of$103,035.33 for the interior finishing of the second floor of the Public Works and Utilities Oyster Bay shops building. ATTACHMENTS: Bid Tabulation Form FISCAL IMPACTS (Include Budgeted Amount): $120,000 budgeted in fund 401 Capital Improvement Program. APPROVALS: ~. DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: A' /1/, . FISCAL/BUD~ET: ,./ {;',. :l I if} .,) _ . I J CONSENT AGEN~ OPERATIONS. (":r:tA_AL.{",, v'-~" ,_~, COUNCIL PRESIDENT: -p~ ~~/ <1'. - ~2 J- $/03035.:;;> ~ .~ 0 RECOMMENDED MOTION: That the City Council approve the low bid of/[OW In;-db; Excel Construction and authorize the Mayor to execute the contract for the completion of the Public Works and Utilities Building, Second Floor, Phase III (Final), subject to City Adiministrative Policies and Procedures. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action \ \ \ :~ i \ b r- .$ cD ~ m r- en ~ t: ~ "'- . . G1 cJ) ~ 1.D 0- m ~ m z :::::.- Th 0 t: w'- 0 .'4. 0- W. 0 ~ ,q- - z ~ ~ O~ (1)ul ~g t: 'im tU~ u,lUJ ~.-1 -~ c() .~~ ~::> .......;> ~ OZ to -cQ '30 Oul u-.4. (/\ t:: Or- C 0 71'".(5 c-,\. 0 {":. t: 0 m - ~ cs (.) l.U en ~ t: ~ 0- '0 0 ~ ~\ \-' - r- t: 0 z 0 co. cC u.l 0 0 ~ CP u.. 8 0 ~ 0- u.l 0 ~ \ t.: u.l 'r ~ \ \ \ Ci \ \ \ \ - C \ CD I - DATE SUBMITTED: November 1,2005 BILL # tJ~-;;_(.", Y AGENDA BILL CITY OF BREMERTON 5"'-:: CITY COUNCIL I ........................................................................................ SUBJECT: Budget adjustment and approval Committee Meeting Date: November 9, 2005 to purchase a Telephone System up-grade for COUNCIL MEETING Date: November 16,2005 the Main PBX and Meridian Voice Mail Department: PW&U, Ele~. s systems. Presenter: Bob Tulp ...,... Phone: 473-5357 << \- "- SUMMARY: Staff recommends a budget adjustment for Fund 102 in the amount of $24,664 for the purpose of purchasing a Telephone System up-grade for the PBX and Meridian Voice Mail systems. ATTACHMENTS: Council Summary, Quote, Interlocal Agreement with City of Seattle FISCAL IMPACTS (Include Budgeted Amount): This upgrade was not budgeted for in 2005 and was not included in the proposed 2006 budget as the original expectation was to wait until 2007 for these upgrades. The original delay had some risk associated with it but the decision to postpone was made due to limited financial resources in 2005 and 2006. However, it is now apparent that the cost to the City will be significantly greater ifthe original plan and time table is adhered to (see attached council summary). A budget adjustment is therefore needed and requested for Fund 102 to accommodate this purchase prior to the expiration of the current price discount available to the City. APPROVALS: ~~ DEP ARTMENT DIRECTOR~;; . CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAUBUDGET: \ / '~!' " '. ,;' CONSENT AGENDA Jl.;:l OPERATIONS: (~-c..-c-G /Y~(~_d.....j COUNCIL PRESIDENT: ~ ~- Il"a.c::::",. ~ RECOMMENDED MOTION: Move to approve a u get adjustment to Fund 102 In the amount of $24,664, and approve the purchase of a PBX and Meridian V oiceMail phone upgrade utilizing an Interlocal Agreement with the City of Seattle and authorize the Mayor to finalize and execute all necessary documents. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action Qwes GLOBAL BUSINESS MARKETS GOVERNMENT and EDUCATION SERVICES (GES) BUDGET ARY PROPOSAL FOR CITY OF BREMERTON RELEASE 4 UPGRADE Date: I-Nov-05 Updated for Nortel Configuration and Price changes for PBX Release 4.5 & CalIPilot 4.0 Proposal: BREMCH UPG890: Prepared By: Bob Palmer Revision: 6 Your Qwest Local Government account team is pleased to have the opportunity to provide pricing for upgrading the City Hall PBX from release 23.55 to release 4.5 and migrating Meridian Mail voice mail to CallPilot IPE. CallPilot 4.0 upgrade requires PBX upgrade. This pricing applies if ordered by 12/1/05 Rev 6 revised to reflect City of seattle contract pricing. PRICING SUMMARY QTY Part Number PBX software Release 4.5 upgrade Unit Price Extended Price 2 NTZC75AA CP UG Kit 32MBs SIMM $226.81 $453.62 2 NTZC7MA CP UG Kit 32MBs EPROM $452.49 $904.98 1 NTZCn AA CP UG ESD Accessory Kit-NA $129.76 $129.76 328 GW5500811 Software ReI SVC - BASIC-SLSll $14.30 $4,690.40 328 NOO10386 SRS CS 1 000 SW TRANSITION FEE $11.00 $3,608.00 328 SVOM0028 SRS Like for Like Upg Charge $0.00 $0.00 Subtotal $9,786.76 Installation Services $2,210.00 SubTotal excluding tax $11,996.76 Meridian Mail migration to CallPilot IPE upgrade 4.0 This pricing expires after 12/1/05 1 NTRH9017 HW Periph 10 Base- T Hub $194.08 $194.08 1 NTUB 1MB CalIPilot External MODEM Kit $194.08 $194.08 1 NTUB93CA IPE-5IC81C 1000M S"H-M+I000E $287.74 $287.74 1 NTUB24AD MM TO CP 3.0 DATA MIGRATION PK $32.73 $32.73 I NTUB53AB CP(OHW) External Tape Drive Kit $1,521.06 $1,521.06 I NTUB59AC CP(OHW) External CD ROM Kit $516.81 $516.81 1 NTZE39AB CP _Ml CSlOOOM E S/W Intgratn $0.00 $0.00 I NTZE4001 Callpilot New Sys (NO Charge) $0.00 $0.00 1 NTZE4006 Mmail to CP RTU transfer $0.00 $0.00 4 NTZE53AA Migrate 2CHAN/140 Voice $0.00 $0.00 1 NTZE53DA Migrate NMS Feature $0.00 $0.00 1 NTZE80CA CP4.0 201i Sys $4,847.57 $4,847.57 Sub Subtotal $7,594.07 Installation Services $3,120.00 Total excluding tax $10,714.07 Total PBX Voice mail upgrade excluding Tax $22,710.83 I I - WI TH TAX 12 &;~ 3. q b i QWEST CONFIDENTIAL 10F2 R6 Proposal City Hall upgrade.xls Qwes GLOBAL BUSINESS MARKETS GOVERNMENT and EDUCATION SERVICES (GES) Pricing Notes: CallPilot requires 3 IPE card slots in a IPE module. Our records show the City Hall PBX has one IPE module and it is full. If this information is correct then a new IPE module is required. Qwest has provided as optional the price to add a new IPE module, and pedestal/TopCap. CallPilot requires minimum PBX Rei 25.40. Rei 25.40 is no longer available and all upgrades must be to the current level. Meridian Mail migration to CallPilot expires 12/1/05. After 12/1/05 a new CallPilot system must be ordered. CallPilot now charges on a per mail box and voice port basis. The upgrade to release 4.5 includes Nortel Software Release Subscription (SRS). SRS provides free software upgrades (labor is additional) for one year. SRS also provides approximately $500.00 savings on the upgrade when ordered at same time. OTM is the recommended programming interface for IP telephony. A 12 port data switch or hub will be required for the Nortel ELAN connection The Customer LAN/WAN must have QOS and Priority routing capabilities to support VOIP connectivity. User License Summary User Licenses @ Level L3B - Advanced Networ!< Services Installed Digital User License 176 Analog User License 152 ACD Agent User License 200 CLASS User License 0 IP User License 0 Basic IP User License 0 System Licenses ITG ISDN Trunk License 0 MUS CON License 0 RAN CON License 0 Survivability License 0 H323 Access Port License 0 AST License 500 Personal Call Assistant License 0 SIP Access Port License 0 CallPIlot ports 8 CallPilot mail boxes 400 Thank you for considering Qwest for your communications solutions. Pricing for new equipment is valid for 60 days. Pricing does not include tax. Budgetary quotes will be based the current pricing at time of order and are subject to price, engineering changes and availability. Labor and Services is a budgetary estimate and will be based on actual work required. For information or questions please contact your Qwest Local Government Account Team David Young Account Manager 206.224.1119 David.Young@qwest.com Bob Palmer Sales Engineer 206.224.5995 robert.palmer@qwest.com QWEST CONFIDENTIAL 2 OF 2 R6 Proposal City Hall upgrade. xis Q we s C}.":~i:~;:' GLOBAL BUSINESS MARKETS GOVERNMENT and EDUCATION SERVICES (GES) BUDGET ARY PROPOSAL FOR CITY OF BREMERTON RELEASE 4 UPGRADE Date: 21-0ct-05 Updated for Nortel Configuration and Plice changes for PBX Release 4.5 & CalIPilot 4.0 Proposal: BREMCH UPG890S Prepared By: Bob Palmer Revision: 5 Your Qwest Local Government account team is pleased to have the opportunity to provide Plicing tor upgrading the City Hall PBX fi'om release 23.55 to release 4.5 and migrating Meridian Mail voice mail to CallPilot IPE. CallPilot 4.0 upgrade requires PBX upgrade. This pricing applies if ordered after 12/1/05 PRICING SUMMARY QTY Part Number PBX software Release 4.5 upgrade Unit Price Extended Price 2 NTZC75AA CP UG Kit 32MBs SIMM $237.79 $475.58 2 NTZC76AA CP UG Kit 32MBs EPROM $474.39 $948.78 1 NTZCn AA CP UG ESD Accessory Kit-NA $136.04 $136.04 328 GW5500811 Software ReI SVC - BASIC-SL811 $14.30 $4,690.40 328 N0010386 SRS CS 1 000 SW TRANSITION FEE $11.00 $3,608.00 328 SVOM0028 SRS Like tor Like Upg Charge $0.00 $0.00 Subtotal $9,858.80 Installation Services $2,210.00 SubTotal excluding tax $12,068.80 CallPilot 4.0 400 Mail boxes Price After 12/1105 (requir~s PBX upgrade) 1 NTRH9017 HWPeriph 10 Base-THub $203.48 $203.48 1 NTUB16AB CallPi10t External MODEM Kit $203.48 $203.48 1 NTUB53AB CP(OHW) External Tape Dlive Kit $1,594.68 $1,594.68 1 NTUB59AC IPE CD-ROM Kit $541.82 $541.82 1 NTUB93CA IPE-51C81C 1000M S-H-M+I000E $301.66 $301.66 4 NTZE07EA CP(F) Voice Channels 2 Add $474.39 $1,897.56 1 NTZE13DA CP Networking Channels 1 to 96 $2,033.59 $2,033.59 1 NTZE14DA CP NMS Networking Channel 1-96 $1,355.72 $1,355.72 2 NTZE19DA Multimedia Mailbox IV oice-200 $9,486.49 $18,972.98 1 NTZE30AB Call pilot Integration Suite $0.00 $0.00 1 NTZE39AB CP _ M 1 CS 1 OOOM E S/W Intgratn $0.00 $0.00 1 NTZE4001 Callpilot New Sys (NO Charge) $0.00 $0.00 1 NTZE80CA CP4.0 201i Sys $5,082.17 $5,082.17 Subtotal $32,187.14 Installation Services $3,120.00 SubTotal excluding tax $35,307.14 Total PBX and Voice mail upgrade excluding Tax $47,375.94 !Wr6-f, J 2 ~ I -0 >' wi T1+ ,/tx 1 (51,456.27 QWEST CONFIDENTIAL 1 OF 2 R5 order After 12 1 05 Proposal City Hall upgrade.xls Q we s c.;~.,,::G.. GLOBAL BUSINESS MARKETS GOVERNMENT and EDUCATION SERVICES (GES) Pricing Notes: CallPilot requires 3 IPE card slots in a IPE module. Our records show the City Hall PBX has one IPE module and it is full. If this information is correct then a new IPE module is required. Qwest has provided as optional the price to add a new IPE module, and pedestal/TopCap. CallPilot requires minimum PBX ReI 25.40. ReI 25.40 is no longer available and all upgrades must be to the current leveL Meridian Mail migration to CallPilot expires 12/1/05. After 12/1/05 a new CalIPilot system must be ordered. CallPilot now charges on a per mail box and voice port basis. The upgrade to release 4.5 includes Nortel Software Release Subscription (SRS). SRS provides free software upgrades (labor is additional) for one year. SRS also provides approximately $500.00 savings on the upgrade when ordered at same time. OTM is the recommended programming intertllCe for IP telephony. A 12 port data switch or hub will be required for the Nortel ELAN connection The Customer LAN/W AN must have QOS and Priority routing capabilities to support VOIP connectivity. User License Summary User Licenses @Leve1L3B - Advanced Network Services Installed Digital User License 176 Analog User License 152 ACD Agent User License 200 CLASS User License 0 IP User License 0 Basic IP User License 0 System Licenses ITG ISDN Tnmk License 0 MUS CON License 0 RAN CON License 0 Survivability License 0 H323 Access Port License 0 AST License 500 Personal Call Assistant License 0 SIP Access Port License 0 CallPIlot ports 8 CallPilot mail boxes 400 Thank you for considering Qwest tor your connnunications solutions. Pricing tor new equipment is valid for 60 days. Pricing does not include tax. Budgetary quotes will be based the cun.ent pricing at time of order and are subject to price, engineering changes and availability. Labor and Services is a budgetary estimate and will be based on actual work required. For information or questions please contact your Qwest Local Govenmlent Account Team David Young Account Manager 206.224.1119 David.Young@qwest.com Bob Palmer Sales Engineer 206.224.5995 robe11..palmer@qwest.com QWEST CONFIDENTIAL 2 OF 2 R5 order After 12 1 05 Proposal City Hall upgrade.xls Council Summary The main phone system hardware and software has not been upgraded since 2002. We have by-passed several up-grades in the past for budgetary reasons but believe the current Qwest promotion should be accessed at a cost of $24,663.96. This price includes installation and minimal staff time to assist. The promotional offer for the two packages, Main PBX hardware and Meridian Voice Mail, expires after December 1, 2005. The new cost after December 1, 2005 will be $51,450.27. The Meridian Voice Mail system software (1991 vintage), currently in use, will no longer be supported after January 1, 2006. Should that system fail we would lose all of the current voice menus and voice messaging we now have in place. Such a failure would take staff considerable time to re- build, and severely inconvenience our staff and our customers. Cost savings to the City would be $26,786.31 to purchase before December 1,2005. All future upgrades will be addressed in future updates to the CIP. ~ City of Seattle Norman B. Rice, Mayor Executive Services Department Dwight D. Dively, Director. COOPERATIVE PURCHASING AGREEMENT In accordance with RCW Chapter 39.34 and to other provisions of the law, The City of Seattle ("City") and The City ofBremerton ('lIremertonn) hereby agree to a cooperative governmental purchasing agreement for various supplies, materials, equipment and services, using the City's competitively awarded contracts. The follOwing terms and conditions apply: 1. The City, in contracting for the purchase of supplies, materials, equipment and services for the City, agrees, at its discretio~ to extend said contracts to Bremerton to the extent permitted by law, and agreed upon by the parties and the vendor(s). 2. Bremerton shall be responsible for compliance with any Additional or varying law. and regulations governing purchases by or on behalf of Bremerton. 3. Any purchases by Bremerton shall be effected by a purchase order from Bremerton City and directed to the vendor(s). 4. The City shall not accept responsibility for the perfonnance of any vendor contracted for by Bremerton as a result orthis Agreement. 5, The City shall not be responsible for the payment of any item( s) contracted for by Bremerton as a result of this Agreement. 6. This Agreement shall continue in force until canceled in writing by either party. Accepted for The City oCBremerton / ..' . i-tl . t.. ~el0dY OClulsi, Purchasing Mgr. :\:~l.--),{"...~J .-~/" / f -4l,,'- : ,I AI Name Lynn S. Horton by; Nelson Park Acting . Title Mayor Date: 2/20/98 Date: 2/27/98 brem Contracting S@rvice3 Divi3ior1, 700 Third Avenue, Room 910, Seattle, WA 98104-1808 Tel. (206) 684-0444, TDD: (206) 233-7810, FAX: (206) 233.5155, http://'NWW.cLseottle,wa.lJs An equo~mployment opportunily, affirmative action employer. Accommodotions for people with disabilities provided on request. 0 DATE SUBMITTED: October 25, 2005 BILL # V S - ') , ..- -"'--0; tiJ) AGENDA BILL CITY OF BREMERTON 5~ CITY COUNCIL ........................................................................................ SUBJECT: Professional Services Committee Meeting Date: November 9,2005 Agreement with Brown and Caldwell for COUNCIL MEETING Date: November 16, 2005 Design of Sewage Pump Station CE-6 2006 Department: PW&U, Engineering Modifications Presenter: Mike Mecham Phone: 473-5288 SUMMARY: The City has negotiated a Professional Services Agreement with Brown and Caldwell to provide engineering design services for the Sewage Pump Station CE-6 Modifications project. The City will be modifying Sewage Pump Station CE-6 and installing a 10" force main along Park Avenue to reduce combined sewer overflow (CSO) events in the Pacific Avenue Basin. The not-to- exceed amount of the agreement is $88,624. ATTACHMENTS: 1. Council Summary; 2. Professional Services Agreement FISCAL IMP ACTS (Include Budgeted Amount): The Pump Station CE 6 Upgrade is included in the 2005 and 2006 budgets, and is funded from a Public Works Trust Fund Loan, and a State Revolving Fund Loan. APPROVALS: .~ DEPARTMENT DIRECTOR:..? ~ CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: -"""""-"~~<~< FISCAL/BUDGET: ~ - CONSENT AGENDA ~r OPERATIONS: COUNCIL PRESIDENT: Y"^-'_ ~'^-- _ ....~ RECOMMENDED MOTION: Move to approve th Professional Services Agreement with Brown and Caldwell to provide engineering design services for Sewage Pump Station CE-6 2006 Modifications and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action ab/ Agenda Bills 2005/PSA with Brown and Caldwell - CE 6 COUNCIL SUMMARY SEWAGE PUMP STATION CE-6 2006 MODI FICA TIONS Contract Summary City of Bremerton Sewage Pump Station CE-6 will be modified to reduce combined sewer overflow (CSO) events in Pacific Avenue Basin as required by WAC 173-245. This project is one part of the overall effort to reduce CSO events in the Pacific Avenue Basin, which also includes storm drain rehabilitation, construction of approximately 6,000 LF of collection storm sewers and approximately 1,500 LF of trunk storm sewer. The work consists of replacing existing pumps with three new 15 Hp pumps, upgrading electrical equipment and ventilation system, and installing a new standby engine generator. Additionally, a new 1500 foot length force main is being installed along Park Avenue. The pump station will discharge to this new force main. Construction is scheduled for summer 2006. The City has negotiated a Professional Services Agreement (PSA) with Brown and Caldwell to provide engineering services for electrical, mechanical, instrumentation, and limited construction/bid assistance disciplines. The City will be performing the Civil and most of the Mechanical Design for the project, along with managing and inspecting the construction. The negotiated consulting fee is $88,624, as indicated in the PSA. Fiscal Summary CSO Reduction for the Pacific Avenue Basin is attained through construction of a number of project components; one of which is the CE6 Upgrade. All of the Pacific Avenue Basin projects are funded from a combination of three Loans and one STAG Grant. The Grant is for $1,940,000 and requires a 45% match, the various loan terms are listed below. Funding for the CE6 Upgrade is from a combination of State Revolving Fund Loan L0400003, and the Public Works Trust Fund Loan. Total project Cost (Design and Construction) for the CE6 upgrade is estimated at $750,000, the 2006 budget is $700,000. The loan terms are as follows: ITEM LOANS Loan SRF (L0400003) SRF (L0300034) PWTF (PW-04-691-010) Loan Amount $1,000,000 $250,000 $4,960,000 Loan Fee (included in $0 $0 $0 Loan Amount) Match Required $0 $0 15% Term 20 years 20 years 20 years Interest Rate 1.5% 1.5% 0.5% Annual Debt Service $57,400 $14,350 $260,000 (approx.) City of Bremerton Sewage Pump Station CE-6 2006 Modifications November 2005 ab/Agenda Bills 2005/PSA with B&C-CE-6 PROFESSIONAL SERVICES AGREEMEr~T Sewage Pump Station CE-6 2006 Modifications/Project No. 574 The City of Bremerton ("City") and Brown and Caldwell ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated November 1. 2005, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VILG. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $88.624. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment within 30 days of receipt. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such wit~holding does not relieve Consultant of its obligations under this Agreement. Bremerton/Brown and Caldwell Sewage Pump Station CE-6 2006 Modifications Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the telID of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, .Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's negligent performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALL Y AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HA VE MUTUALL Y NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Brown and Caldwell Sewage Pump Station CE-6 2006 Modifications Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder bv the Consultant, its agents, ... ..' - representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operationslbroad form property damage; explosion, collapse and underground (XCD) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate ofInsurance. The City reserves the right to receive a complete copy of all the required insurance policies. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by regular mail, return receipt requested, of any cancellation, of suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/Brown and Caldwell Sewage Pump Station CE-6 2006 Modifications Page 3 of6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability to Consultant. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to its materials, tools, or other articles used or held for use in connection with the work. . D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Seattle. Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/Brown and Caldwell Sewage Pump Station CE-6 2006 Modifications Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or I st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant 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 for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton BremertonlBrown and Caldwell Sewage Pump Station CE-6 2006 Modifications Page50f6 for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event oftermination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk BremertonlBrown and Caldwell Sewage Pump Station CE-6 2006 Modifications Page 6 of6 EXHIBIT A CITY OF BREMERTON SEWAGE PUMP STATION CE-6 2006 MODIFICATIONS ENGINEERING DESIGN SERVICES SCOPE OF WORK INTRODUCTION The purpose of this contract is for Brown and Caldwell, sometimes referred to as the Consultant, to provide engineering services to assist the City in the design of the upgrade of Sewage Pump Station CE-6. Brown and Caldwell's services for this project include the tasks listed in Table 1. A detailed description of each task is provided below. Table 1. Scope of Services Task Description 101 Project Management, Coordination, and Meetings 201 Electrical Design 202 Instrumentation.and Control (I&C) Design 203 Structural Analysis/Design - Notused 204 Mechanical Design 205 Pumping System Design Review 206 Engineer's Cost Estimate 207 Bidding and Construction Assistance 300 Engine Generator Pre-purchase - Not Used 400 Additional Services ".. . General Project Scope This project involves the replacement of an existing portable generator set with a fixed generator set, and the replacement of three existing 75-horsepower (hp) pump motors with new 15-hp, VFD-rated motors. Brown and Caldwell will determine power loading and select a stationary diesel powered generator from the Washington State City of Bremerton 1 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work generator bid list (Contract #06605) for the City's purchase. City will develop generator installation requirements for bid document. The existing dry-well ventilation will be upgraded to increase the air flow to the space, and the dry-well space will be upgraded to a wet location level of design where practical, thus minimizing the electrical and control equipment in the dry well. General Project Assumptions l. The City of Bremerton will be designing the mechanical pumping system upgrades for the station upgrade. Brown and Caldwell has limited interface with this work with the exception of providing a technical review of the City's pumping system design and incorporating system power and control requirements into electrical and I&C designs and generator sizing. 2. Brown and Caldwell will provide dry well ventilation mechanical, electrical, and instrumentation and control drawings and specifications to the City of Bremerton for its use in packaging a set of construction documents. 3. Existing controls demolition will be shown on electrical plans. A P&ID diagram will be created for pumping system only. Control diagram type will match existing format, which does not include loop diagrams. 4. The construction of the improvements included in this scope of work is based on the existing pump station being taken completely out of service. It is anticipated that the contractors performing the work specified in Division 16 and 17 will have access to the site during the pump replacements. 5. No staging of improvements will be incorporated into the design of the improvements in this scope. 6. Non pumping systems demolition drawings will be developed by Brown and Caldwell. 7. The contract specifications include the document Standard General Conditions of the Construction Contract as prepared by the Engineers Joint Contract Documents Committee (EJCDC). This document is located in Section 00700 of the contract specifications. 8. The City will prepare specifications for Divisions 0 through 10 and the pumping system upgrade specifications included in Divisions 11 and 15. Brown and Caldwell will prepare only those sections of Division 11 and 15 that apply to its work and the applicable sections from Division 16 and 17. Brown and Caldwell will not prepare specifications in Divisions 12 or 14. 9. There will be only one submittal meeting held during the project. This meeting will be at the 95 percent submittal stage at the City offices. City of Bremerton 2 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work 10. The City will provide electronic AutoCAD title block and background drawings of the pump station's upper and lower levels for Brown and Caldwell's use in preparing the drawings required in this scope of work. City-provided drawings will include plan views and section views, to which Brown and Caldwell will apply the design information it is required by this scope to develop. II. Design review submittals (70 and 95 percent) will be submitted electronically. The drawings will be submitted in a PDP format. Specifications will be submitted in Microsoft Word format. SERIES 100 TASKS - PROJECT MANAGEMENT Task 101- Project Management, Coordination, and Meetings Consultant Responsibilities: I. Contracting and internal project control and accounting 2. Staff administration and scheduling 3. Monthly reports and invoices 4. Attendance at coordination and review meetings Assumptions: I. Standard invoices and reports will be submitted on a monthly basis. 2. Brown and Caldwell standard monthly invoice format will be utilized. This format contains an itemized list of project staff who charged to the project, hourly rates, number of hours charged, and other direct charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (i.e., timesheets, logs, receipts, etc.) will be submitted with the invoices unless specifically requested by the City. Backup information will be available in Brown and Caldwell files for inspection by City project auditing staff, if requested by the City. 5. The City will maintain the role of overall project coordination with other governmental agencies. Work Products: I. Monthly reports with descriptions of the work performed and cost of associated work. 2. Monthly invoices. City of Bremerton 3 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work SERIES 200 TASKS - DESIGN SERVICES Task 201 - Electrical Design Consultant Responsibilities: 1. Develop the electrical plans and specifications for the pump station upgrade. It is assumed that the following drawings will be developed: 1 Electrical Symbols, Legend & Abbreviations 2 Electrical Details I Electrical Demolition Plan I Electrical One Line Diagram I Electrical Power Plans (1 Upper and 1 Lower), including instrumentation 1 Electrical A TS / Generator / SCADA interface control diagram I Electrical drawing showing elevations as necessary 2. Develop technical specifications based on Brown and Caldwell's standard specifications in the Construction Specification Institute (CSI) format. This will include CSI Division 16, Electrical Specifications, for electrical equipment, including the interface to a new standby generator. 3. Research the availability of parts for the main distribution panel board. Prepare a design to replace the panel board and breakers if required. 4. Redesign the dry wells electrical to meet the requirements of a wet location. 5. Design control strategies for fixed diesel-powered engine generator selected from the state bid list for the City's purchase 6. Coordinate with the new instrumentation and control requirements for raceway and wire count and type. 7. Assist in the engineer's cost estimate. City Responsibilities: Provide 70 and 95 percent submittal review comments. Assumptions: 1. One site visit by the electrical engineer will be required. 2. The existing lighting within the pump station will remain. However, the lighting in the dry well will be wet location rated. 3. The existing pump station's automatic transfer switch, service entrance breaker, and lighting and power transformer and associated panel will remain in place. 4. The fuel tank for a new standby generator will be incorporated into the base of the generator. The fuel storage will provide fuel for 24 hour standby generator operation. 5. Written responses to City review comments will not be required. Work Products: 1. Seventy (70) and ninety-five (95) percent submittal design drawings and specifications. City of Bremerton 4 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work 2. One set of final design drawings and specifications stamped by the engineer. 3. Electronic drawing files in AutoCAD format and Adobe (.pdt) format. 4. Specifications in Microsoft Word. Task 202 - Instrumentation and Control Design Consultant Responsibilities: 1. Develop the instrumentation drawings and specifications for the pump station upgrade. It is assumed that the following drawings will be developed: 1 Instrumentation Symbols, Legend, and Abbreviations 2 Control Diagrams 1 Instrumentation Details 2. Locate VFDs inside existing control panel unless space constraints including VFD heating prevent this. 3. Review available signals from existing A TS and determine if additional signals will be desired by City. 4. Provide design for new Simantec (or equal) operatOr interface terminal on door of existing control enclosure. Existing door shall be repaired or replaced. 5. Provide design for new PLC modules and connections to new terminal blocks. New din rail is required to mount terminal blocks. 6. Reconnect generator alarms after new installation. 7. Develop technical specifications based on Brown and Caldwell standard specifications in the Construction Specification Institute (CSI) format. This will include CSI Division 17, Instrumentation Specifications, for narrow scope (one section). 8. Assist in the engineer's cost estimate. City Responsibilities: 1. City to provide existing instrumentation drawings for control panel, and make O&M manuals available for copying. 2. City personnel will perform all PLC programming and develop control strategies. ,.., City personnel will perform all operator interface programming and develop .). control strategies. 4. Provide 70 and 95 percent submittal review comments. Assumptions: 1. One site visit by the instrumentation engineer will be required. 2. Existing bubbler system to be retained. 3. The existing pump station control panel, control equipment, and SCADA system will remain in place. Existing control equipment includes wet well level sensing check valve limit switches. 4. The fuel tank for a new standby generator will be incorporated into the base of the generator. With potential Low Fuel alarm being connected to the PLC. City of Bremerton 5 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work 5. Design review submittals will be submitted electronically. The drawings will be submitted in a PDF format. Specifications will be submitted in Microsoft Word format. 6. Written responses to client review comments will not be required. Work Products: 1. Seventy (70) and ninety-five (95) percent submittal design drawings and specifications. 2. One set of final design drawings and specifications stamped by the engineer. 3. Electronic drawing files in AutoCAD format and Adobe (.pdt) format. 4. Specifications in Microsoft Word. Task 203 - Structural Analysis/Design - Not used Task 204 - Mechanical Design Consultant Responsibilities: 1. Evaluate the dry well ventilation requirement based on NFP A 820. 2. Develop technical specifications based on Brown and Caldwell standard specifications in the Construction Specification Institute (CSI) format for Division 15. The following drawings will be developed for the ventilation system; 1 Dry well ventilation plan and sections. 1 Air flow schematics 3. Provide input for the engineer's cost estimate. 4. Prepare control loop descriptions for ventilation equipment. 5. Size and select diesel-powered generator from state bid list (Contract # 06605) City Responsibilities: 1. Provide as-built drawings of the existing pump station. 2. Provide 70 and 95 percent submittal review comments. 3. City will coordinate purchase and delivery of generator to project site and design of generator installation. Assumptions: 1. One site visit by a mechanical engineer. 2. Written responses to client review comments will not be required. 3. Ventilation of the wet well and odor control will not be included. 4. There will be no plumbing design required. Work Products: 1. Seventy (70) and ninety (95) percent submittal design drawings and specifications. 2. One set of final design drawings and specifications stamped by the engineer. 3. Electronic drawing files in AutoCAD format and Adobe (.pdt) format. 4. Specifications in Microsoft Word. 5. 1 page memo or spreadsheet summarizing loads used in generator selection. City of Bremerton 6 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work Task 205 - Pumping System Design Review Consultant Responsibilities: Review and comment on City pump selection and specification. The review is not intended to be a complete design review but will examine City hydraulic system curves and the application of the City's analysis into the pump specification. City Responsibilities: 1. Provide design flow basis for design. 2. Provide system hydraulic curves and calculations that show force main performance and design operating points for pump selection and operating range. 3. Provide draft pumping equipment specifications. Work Products: Consultant will provide comments or recommendations to City relative to proposed design, pump operation and bidding specification. Task 206 - Engineer's Cost Estimate Cons ultant Responsibilities: 1. Provide an engineer's cost estimate for the ventilation, electrical and I&C upgrades. 2. Cost estimate will be supplied electronically and in hard copy City Responsibilities: The City will advertise, evaluate, and review the estimate and provide any feedback necessary for making corrections to the cost estimate. Assumptions: Only one cost estimate is required for the project and it will at the 95 percent submittal stage. Work Products: An engineer's cost estimate for the ventilation, electrical and I&C construction work. Task 207 - Bidding and Construction Assistance Cons ultant Responsibilities: 1. Upon request by the City, answer specific technical questions from prospective bidders regarding the contract documents. 2. Assist the City in preparation of addenda items during the bid process. 3. Review shop drawing submittals and the submittals directly related to specifications and design provided by Brown and Caldwell. City of Bremerton 7 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work 4. Consultant shall provide support under this task only to extent of available budget and shall notify city when available budget has been expended. City Responsibilities: 1. The City will advertise, evaluate the bids, and award the contract. 2. The City will administer all aspects of the construction contract, including coordination with owners of other utilities that must be relocated prior to construction. 3. The City will prepare and distribute addenda to plan holders Assumptions: An allowance of $5000 has been included in the project budget for support during bidding and construction upon request by the City. Effort will not be expended beyond this budget without prior written authorization from the City. Work Products: 1. Telephone records or other documentation of bidding questions answered during the bidding phase. 2. Shop drawing review comments. SERIES 300 TASKS - ENGINE GENERATOR PRE-PURCHASE- Not Used SERIES 400 TASKS - Additional Engineering Services Cons ultant Responsibilities: 1. Prepare cost proposals for additional services requested by the City. 2. Provide assistance as requested by the City. City Responsibilities: Request assistance and documents in writing. E-mail is considered suitable for authorization. Assumptions: An allowance of $5000 has been included in the project budget for additional services as requested by the City. Funds will not be expended from this task budget without prior written authorization from the City. Work Products: Work products will be determined at the time services are requested by the City. City of Bremerton 8 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope afWork EXHIBIT B - SCHEDULE Notice to Proceed November 17,2005 Engine Generator Selection Memorandum January 14,2006 Seventy (70) Percent Design Submittal January 19,2006 Ninety-five (95) Percent Design Submittal March 1, 2006 Ninety- five (95) Percent Design Submittal Comments from City March 15,2006 Final Design Drawings and Specifications to the City April 10, 2006 City of Bremerton 9 Sewage Pump Station CE-6 2006 Modifications November I, 2005 Engineering Design Services Scope of Work EXHIBIT C - COMPENSATION Compensation for Consultant's servicesunder this agreement shall be on the basis of an hourly rate equal to direct labor cost times a multiplier of 3.135 to be paid as total compensation for each hour an employee works on the project, plus reimbursable expense, with a maximum compensation not to exceed the total amount in Table C-l. This table provides an estimate of the cost per task as described in Exhibit A. The Consultant may adjust the distribution of compensation between individual tasks of the work described herein to be consistent with services actually rendered, but Consultant shall not exceed the total estimated compensation amount unless approved in writing by the City. The amount of any sales tax, excise tax, value added tax (V AT), or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as reimbursable expenses. Compensation terms are defined as follows: Direct labor cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the project. Reimbursable expense shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation, travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. Consultant will add ten percent (10%) to invoices received by Consultant from sub- consultants and subcontractors. Charges for typical reimbursable expenses incurred by the consultant will be at the following rates. Travel: Current IRS rate for business use of an automobile Other travel expenses at cost Associated project costs (APC) $6.19 per labor hour APCs include Postage Phone Copying Fax Computer/software costs City of Bremerton 10 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope afWork The approximate distribution of costs with respect the tasks are as follows. Table C-l. Project Budget by Task Task Descripton Estimated Cost 101 Project Management, Coordination and Meetings $16,672 201 Electrical Design $22,622 202 Instrumentation Design $16,511 203 Structural Analysis/Design Not Used 204 Mechanical Design $14,305 205 Pumping System Design Overview $4,181 206 Engineer's Cost Estimate $1833 207 Bidding and Construction Assistance $7,500 300 Engine Generator Pre-purchase Not Used 400 Additional Services (See Note) $5,000 TOTAL CONTRACT AMOUNT $88,624 Note: No charges will be made to task 400 without prior written approval. Email will suffice as written authorization. City of Bremerton 11 Sewage Pump Station CE-6 2006 Modifications November 1, 2005 Engineering Design Services Scope of Work DATE SUBMITTED: 11-1-05 BILL # OS' -,J.b(.;, AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51' ........................................................................................ SUBJECT: Pro~t~SiO"Q.\St:fVi(,ts A~~ Committee Meeting Date: 11-9-05 between the City of Bremerton/Central COUNCIL MEETING Date: 11-16-05 Kitsap Fire & Rescue and Emergency Department: Fire Services Consulting, Inc. to conduct an Presenter: Al Duke, Fire Chief evalaution and cooperative effort feasibility Phone: 473- 5381 study to determine if a consolidation/merger is in the best interests of the citizens. SUMMARY: Over the past several years the Fire Department and Central Kitsap Fire & Rescue have looked at the possibility of consolidation/merger between the two entities. we are now at the point of taking a comprehesive look at different finances of the two entities and seeing if it cost effective and cost efficient to combine the two in some fashion. A TT ACHMENTS: f'r-ofe.SS\ot\;~\:.$'e.'0l,~~C$.l\gr..and the "Proposal from Emergency Services Consulting, Inc. FISCAL IMP ACTS (Include Budgeted Amount): Total contract of $35,080 plus $2442 for travel, lodging, meals, postage and copying. The contract will be equally shared with no payment due frQm _ \ ~~ the City of Bremerton until after January 2006. \"\...'" C::'\\G,.~ ~O".. \;-', Q """ ,,," ~"-".i#'" ~~~ \~ \....4:. .....(".;; \ ... ....."'" ~ 'rO~Q~ ~ \\,,~~ . APPROVALS: I I I . DEPARTMENT DIRECTOR: (1'_. CITY ATTORNEY: ".,.- "",' FINANCE DIRECTOR: MA YOR: ----' -- FISCAL/BUDGET: .~~~~ CONSENT AGENDA '~. ", L/tf'(/' OPERATIONS: - ..~" ~" /Z~ ;? .~7.' {/"'/t) {.A';;-(~~ ___ ?"", ,A:~",J<..-,d'i,'-,..", . COUNCIL PRESIDENT: ~~ ~ RECOMMENDED MOTION: Move to approve the . proTtsS',,,~~\ services ",tUrtttrd"" with Emergency Services Consulting, Inc to conduct an evaluation and Cooperative Effort Feasibility study and authorize the Mayor execute the contract not to exceed $18,76l. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action ---- PERSONAL SERVICES CONTRACT THIS IS AN AGREEMENT entered into as of the _ day of ,2005, among the CITY OF BREMERTON FIRE DEPARTMENT ("City Fire"), CENTRAL KIT SAP FIRE AND RESCUE ("Central Fire"), and EMERGENCY SERVICES CONSULTING inc. ("ESCi"), a Pennsylvania corporation doing business in Wilsonville, Oregon. City Fire and Central Fire shall hereinafter also collectively be referred to as "fire agencies" or "fire departments". In the past, City Fire and Central Fire have conducted discussions regarding the economies of scale and more efficient and enhanced service to th.e public that might be achieved if they joined together in some fashion to deliver fire protection and/or emergency medical services. They have once again commenced these discussions and have contacted ESCi, a recognized expert in studying and evaluating fire agencies and what types of cooperative activities may result in better and more efficient delivery of their services at the best price reasonably obtainable. In its work, after researching each service provider, ESCi, and its staff, develops a full range of partnering strategies and options, beginning with a "do nothing" approach, and ending with a scenario involving complete consolidation of the two agencies being studied. City Fire and Central Fire have agreed to contract with ESCi to conduct a thorough evaluation of the two fire agencies and develop various workable strategies they will be able to review, and possibly employ, in joining together at some mutually agreed level of participation, for the delivery of fire protection and/or emergency medical services to the public served by each. NOW THEREFORE, IN CONSIDERATION of the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Project Document. Previously, ESCi has prepared and presented to City Fire and ESCi a written document entitled, "Proposal/Evaluation and Cooperative Effort Feasibility Study / Bremerton Fire Department / Central Kitsap Fire & Rescue". This feasibility study consists of a title page dated "June 2005", a two page letter dated June 22,2005 from Jack Snook to Chief Burdette, a table of contents, and a 34 page report consisting of ESCi' s profile, description of services they will provide, scope of work, project organization and staff, staff resumes', experience and references, cost quotations, ESCi' s disclosures and practices, and an PERSONAL SERVICES CONTRACT lof7 appendix. This said document will hereinafter be referred to herein as "Project Document", and by this reference is incorporated herein and made a part hereof. To the extent there is a conflict between the terms ofthe Project Document and this Contract, the terms ofthis Contract shall control. 2. Project Services. ESCi shall provide in a timely and professional manner those work tasks it has identified for itself (hereinafter also referred to as "Project Services") to undertake in the Project Document. Upon execution of this Contract, it shall take immediate steps, after receiving pertinent input from City Fire and Central Fire, to develop in written form its specific project goals, work plan, and timetable. Copies of these documents shall then be delivered to the fire agencies. ESCi shall then use its best efforts to complete its work according to the established timetable, and represents all its work hereunder should be completed by no later than one hundred eighty (180) days from project initiation. 3. ESCi Work Team / Professional Skill / Independent Contractor Status. ESCi agrees its work team assigned to this project shall consist of its management team of Thor Johnson, Jack Snook, and its project manager, Bruce Caldwell. Its project members shall consist of Bob Merritt, Bill Monahan, and Martin Goughnour. These six individuals shall work in concert on this project from its commencement through its conclusion, and shall dedicate their efforts regarding this project at all times in a professional and timely manner. ESCi shall not assign its work duties hereunder to others without first receiving the express written permission of City Fire and Central Fire. ESCi warrants its personnel assigned to this project possess the professional skill and competence to fully and completely undertake and complete all Project Services in a timely and professional manner. ESCi's management staff shall provide ongoing appropriate supervision and direction at all times regarding all Project Services. ESCi's relation to the fire departments shall at all times be as an independent contractor. 4. Compensation and Payment. A. Compensation. For all its Project Services, ESCi shall be compensated the total sum of$35,080.00, plus its reasonable expenses for travel, lodging, meals, postage, and copying, not to exceed $2,442.00. B. Payment Responsibility. City Fire and Central Fire shall each be responsible for one-half of all sums due and owing to ESCi pursuant to this Contract. ESCi shall submit all its billings hereunder to Central Fire. Central Fire, after determining each billing is appropriate, shall pay the same and bill City Fire for its one-half share. All payments owing hereunder from City Fire shall be paid directly to Central Fire. Central Fire also acknowledges and agrees that because of budgetary restrictions, City Fire will not have money available to pay its share of the Contract amount until January, 2006. PERSONAL SERVICES CONTRACT 20f7 C. Payment Periods. The total sum owing to ESCi shall be paid as follows, with Formal billings being supplied from ESCi to City Fire and Central Fire at each ofthe three I billing periods: I (1) 33% shall be owing within twenty (20) days from the date this Contract is executed by all parties; I I (2) 33% shall be owing within twenty (20) days of completion of all work undertaken by ESCi in "Phase I: Project Initiation" and "Phase II: Opportunities for Cooperative Efforts" of the Project Document, and receipt and acceptance of all documents associated with those two phases by City Fire and Central Fire. City Fire and Central Fire shall accept all said documentation to be received by them from ESCi in the Project Document if such documentation is substantially complete and as represented in the Project Document; and the remaining (3) 34% shall be due within twenty (20) days upon ESCi's delivery of its final report identified in the Project Document to City Fire and Central Fire in the manner called for therein. D. Additional Work- Compensation. Any additional work City Fire and Central Fire request from ESCi shall be agreed to in writing and signed by all parties prior to the time ESCi commences such work. "Additional work" is defined as work not included within the scope of work identified in the Project Document. The estimated time ESCi believes it will take to complete the additional work, with a "not to exceed amount of time" set forth therein, shall be identified in the writing. Additional work shall be billed on a time and materials basis, with the time billed at the hourly rate of$145.00 per hour. E. Acceptance / Rejection of Work. The results ofESCi's work performed hereunder (periodic and final work) must meet the written approval of the fire departments, which approval shall not be unreasonably withheld if such work has been completed in compliance with the terms of this Contract. That person assigned the responsibility for reviewing and accepting or rejecting all said work on behalf of the fire departments shall be the fire departments' representative identified in section 5 hereof. If any said work performed by ESCi is rejected, ESCi's contact person shall meet with the fire department's representative to discuss why rejection occurred, and ESCi shall thereafter be provided a reasonable opportunity to correct any deficiencies in its work. 5. Contact Individuals. ESCi's official representative for contact purposes by City Fire and Central Fire regarding this Contract and ESCi's work hereunder shall be ESCi's project manager, Bruce Caldwell, who may be reached at the following phone numbers: (work) (503) 570-7788; (cell) (503) 329-4906. PERSONAL SERVICES CONTRACT 30f7 The official representative for City Fire and Central Fire for all contacts from ESCi pertaining to this Contract and the work being performed hereunder shall be Chief Ken Burdette, who may be reached at the following phone numbers: (work) (360) 447-3550; (cell) (360) 340- 8258. 6. Fire Department Responsibilities. City Fire and Central Fire shall cooperate fully with ESCi in providing it with all reasonably requested information and providing requested personnel for interview purposes as requested from time to time. 7. Work Product & Documents. ESCi's work product on this project and all documents it generates as a result of its Project Services shall be furnished by ESCi to City Fire and Central Fire, and upon completion of all services hereunder, shall become the property of the two fire departments, except ESCi may retain one copy of its work product and documents for its records. ESCi shall remain responsible for the accuracy of its work and work product, even though it has been accepted by the fire agencies. In the event ESCi shall default under this Contract or in the event this Contract is terminated prior to its completion as herein provided, all work product of ESCi, along with a summary of work completed to the date of default or termination, shall become the property of the fire agencies. Upon request, ESCi shall deliver the work product and summary to City Fire and Central Fire. The summary of work completed shall be prepared at no additional cost to the fire departments. ESCi shall not be held liable in any respect for the re-use ofthese documents by the two fire departments or others, or modifications thereof for any purpose other than those authorized under this Contract, without the written authorization of ESCi. 8. Discrimination Prohibited. ESCi agrees to comply with equal opportunity employment and not to discriminate against the fire agencies and their employees, its employees, or any applicants/entities for employment or services, because of race, creed, color, religion, national origin, marital status, sex, age or handicap, except for a bona fide occupational qualification. ESCi understands and agrees if it violates this nondiscrimination provision, this Contract may be terminated by City Fire or Central Fire, and further that ESCi will be barred from performing any services for these fire agencies now or in the future, unless a showing is made satisfactory to the agencies that the discriminatory practices have been terminated and recurrence of such action is unlikely. 9. Notices. All notices referenced in this Contract, or issued pursuant hereto, shall be in writing, shall clearly set forth their purpose, and shall be signed and dated by the remitting party. A notice shall be deemed delivered to the receiving party: on the day it is personally served on that party, with that party signing a receipt therefore which is dated; or, within three business days from the day it is mailed by certified mail, return receipt requested, from a U.S. postal PERSONAL SERVICES CONTRACT 40f7 mailing site in Washington or Oregon. F or purposes of mailing notices, notices to City Fire and Central Fire shall be sent to the I following person at the following mailing address: CENTRAL KITSAP FIRE & RESCUE c/o CHIEF KEN BURDETTE 5300 Newberry Hill Road, Suite 101 Silverdale, Washington 98383 and notices to ESCi shall be sent to the following person at the following mailing address: ESCi c/o BRUCE CALDWELL, Vice President 25200 SW Parkway Ave, Suite 3 Wilsonville, OR 97070 10. Termination. City Fire and Central Fire reserve the right to terminate this Agreement in whole, or in part, at any time upon first providing ten (10) days' advance written notice to ESCi. If this Agreement is terminated in its entirety by the fire agencies for their convenience, a final payment shall be made to ESCi, which, when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination applied to the total work required for the project. City Fire and Central Fire shall have the right to terminate this Contract for cause, if ESCi fails to substantially perform its work hereunder in a timely manner. Prior to termination for cause, however, ESCi shall be notified.in writing of its deficient work, and be provided with an appropriate time to correct such deficiencies, which in no event shall be greater than twenty (20) days. ESCi shall have the right to terminate this Contract if City Fire and Central Fire fail to pay it any of the periodic fees and costs owing hereunder within thirty (30) days from the due date. 11. Non-Waiver. Waiver by the fire agencies of any provision of this Contract or any time limitation provided for herein shall not constitute a waiver of any other provision hereof and shall be specific only to the terms of the actual waiver provided. 12. Indemnity & Hold-harmless Provisions. ESCi shall at all times indemnify, hold harmless, and defend the fire agencies, their elected officials, officers, employees, agents and representatives, from and against any and all lawsuits, damages, costs, charges, expenses, judgments and liabilities, including attorney's fees and costs (to include attorney's fees and costs PERSONAL SERVICES CONTRACT 50f7 in establishing indemnification), collectively referred to herein as "losses" resulting from, arising out of, or related to one or more claims arising out of the negligent acts, errors, or omissions of ESCi in the performance of its work under this Contract. The term "claims" as used herein shall include all claims, lawsuits, causes of action, and other legal actions and proceedings of whatsoever nature, involving bodily or personal injury or death, of any person or damage to any property, including, but not limited to, persons, employed by the fire agencies, ESCi, or other persons, and all property owned or claimed by the fire agencies, ESCi, or any other person or entity. 13. Cooperation of Parties / Reasonable Interpretation. The parties shall strive to cooperate in a reasonable manner with one another, in good faith, at all times, so the terms and intent of this Agreement may be fully implemented. This Agreement shall be provided with a reasonable interpretation and not interpreted in favor of or against any party for the reason that all parties have had ample opportunity to negotiate with the others regarding the contents hereof. 14. Execution in Counterparts. This Contract may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 15. Court action I Attorneyfees. In the event a party or parties shall bring action against another party or parties to obtain damages or to otherwise enforce the terms of this Contract, the jurisdiction and venue for any such court action shall lie with the Kitsap County, Washington Superior or District Court, as appropriate. The party(s) who substantially prevails in any such court action shall be entitled to receive all its reasonable attorney fees and all costs of suit and other expenses incident to the suit from the party(s) who substantially loses. 16. Entire A~reement. This Contract constitutes the full and complete agreement ofthe parties regarding and touching upon all matters contained herein. There are no other verbal or written agreements or understandings which shall modify or affect the terms of this Contract in any manner whatsoever. To be provided with legal effect, any modifications or waivers to or of this Contract shall be in writing and signed by all parties hereto. IN WITNESS WHEREOF, we have signed this Contract on the dates appearing by our respective signatures to evidence our respective approval and consent to all terms of this Contract as ofthe date (the official date of this Contract) appearing on the first page hereof: CITY OF BREMERTON by: DATE: Mayor CARY BOZEMEN, For the City's Fire Department PERSONAL SERVICES CONTRACT Page 60f7 Attest to: DATE: Print Name: City Clerk CENTRAL KITSAP FIRE & RESCUE by: DATE: ROBERT MUHLEMAN, Chairperson by: DATE: JOHN WILKINS, SR., Commissioner by: DATE: MICK McKINLEY, Commissioner by: DATE: RALPH ROGERS, Commissioner by: DATE: KEN ERICKSON, Commissioner EMERGENCY SERVICES CONUL TING inc. by: DATE: JACK SNOOK, President PERSONAL SERVICES CONTRACT Page 7 of7 Submitted to: Ken Burdette, Fire Chief Central Kitsap Fire and Rescue 5300 NW Newberry Hill Road, Suite 101 Silverdale, WA 98383 360-447-3550 Emergency Services Consulting inc. 25200 SW Parkway Avenue, Suite 3 Wilsonville, OR 97070-9616 Call (800) 757-3724 Fax (503) 570-0522 June 2005 ..' 25200 SW Parkway Ave., Ste 3 · Wilsonville, OR 97070 Phone 503-570-7778 · Fax 503-570-0522 · www.esci.us June 22, 2005 Ken Burdette, Fire Chief Central Kitsap Fire and Rescue 5300 NW Newberry Hill Rd., Ste. 101 Silverdale, W A 98383 RE: Evaluation and Cooperative Effort Feasibility Study Dear Chief Burdette: Emergency Services Consulting inc. (ESCi) is pleased to submit a proposal document for consultation services to conduct an evaluation and cooperative effort feasibility study for Central Kitsap Fire and Rescue and the City of Bremerton. We recognize the importance of this engagement and appreciate your consideration of our proposal. As will be clearly illustrated in our proposal, ESCi has completed numerous comparable projects utilizing our team of highly qualified staff. Our competitive edge includes a working knowledge and understanding of contemporary fire service and EMS organizations, the magnitude and complexity of current delivery systems, and our ability to utilize state-of-the-art analytical technology and methodology to ensure accuracy and validity of observations and recommendations. ESCi has successfully provided service to many organizations. Examples of these successes include Orange County, CA Fire Authority (evaluation and strategic planning), the KansasCity, MO Fire Department (standards of coverage, deployment, capital planning, and strategic planning), the Department of Defense (operational implementation of a joint military dispatch center), Billings, MT Fire Department (station location and staffing study), and Northern San Diego County, CA (evaluation and consolidation feasibility of 10 agencies). To further emphasize the quality of work performed and the relationships we develop with our clients, ESCi has on-going retainers with the first three agencies listed. r ..' Page 2 ,'. Chief Burdette ESCi Proposal- Evaluation and Cooperative Effort Feasibility Study We have prepared a separate detailed methodology, approach, and work plan. The detailed objectives and tasks identified in our proposal outline the process we feel is necessary to ensure that deliverables will address your questions and provide you with comprehensive recommendations and Qirection. If after studying our proposal, you desire more or less emphasis in any of the outlined tasks and/or deliverables, the project team stands ready to adjust the work plans to meet your needs. We have included a list of related experience and references that we higWy encourage you to contact regarding professionalism, quality of work and timeliness of product delivery. All projects have been finished within the time frame agreed to by the client and ESCi and within budget. We appreciate your consideration of our proposals, and look forward to assisting Central Kitsap Fire and Rescue, the city of Bremerton, and the Bremerton Fire Department in this important study. If you have any questions, do not hesitate to contact Mr. Caldwell or me at 800-757-3724. Sincerely, ~.~&-C Jack W. Snook President e Emergency Seroices Consulting inc. ~ Emergency Services Consulting inc. Table of Contents ESCI'S co RPO RA TE PROFILE ............................................................................................................... ..............1 CORPORATE PROFILE...................... ............... ............... .... ..... ........ ......................... ..... ............................ ..... .............1 ORGANIZATION CHART .. ............ ........ ... .......... ............. ............. ......... ............. .............. ...... ....... ....... ........... ............. 2 DESCRIPTION OF SER VICES ................................................................................................................................3 PROJECT UNDERSTANDING ....................... .................... ...................................... .... .... ....... .............. .... ......... ............. 3 PROJECT METHODOLOGY ..........................................................................................................................................3 SCOPE OF WORK .............................................................................................. ....................................................... 4 PHASE I: PROJECT lNITIA TION ......................... ............. ..... .................... ........ ............. ................ ......... ............. .........4 PHASE II: OPPORTUNITIES FOR COOPERATIVE EFFORTS ............................................................................................6 PHASE III: FINDINGS AND ACTION STEPS.................................................................................................................. 7 PHASE IV: PRESENTATION OF FINAL PROJECT REpORT .............................................................................................8 PROJECT OR G ANIZA TI 0 N AND ST AFF ............................................................................................................ 9 PROJECT ORGANIZATION CHART ........ .............. ............ ........ .... .......... ... .......... ...................... ....................... .............9 REsUMES .............. ............................................ ... ......... ..... ....... .... ...... ... .......... ........... ......... .... ............ ........ ..... .......1 0 EXPERIENCE AND REFEREN CES......................................................................................................................21 COS T Q U OT A TI 0 N ................................................................................................................................................29 COST BREAKDOWN.................... .... ........ ......................... .......... ..... ........ ......... ...... ... .... .................... ..... ....... .......... ..29 ESCI DISCLOSURES AND PRA CTI CES .............................................................................................................30 APPENDIX................................................................................................................................................................31 1. ESCI PARTIAL CLIENT LIST ....... ............................... ....... ..... ...................... .... ....... ............ .............. ........ ..... ..... ..31 II. ESCI BROCHURE....... ............ .... ........ ..... ..... ...................... ........... .............. ........... .............. ......... ... .......... ........ ..35 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A i ~ Emergency Services Consulting inc. ESCi's Corporate Profile Corporate Profile Emergency Services Consulting inc. (ESCi) is a national firm providing specialized, high quality, professional fire, police, communications, and EMS consulting services to organizations throughout the United States and Canada. ESCi is considered by many to be the nation's leader in providing emergency services consulting. Since 1976, ESCi has been meeting the needs of emergency services agencies. With six full-time staff and over 40 field consultants nation-wide, ESCi works directly for municipalities, nonprofit organizations, and commercial providers of emergency services. Weare looked at by the emergency service community as being the experts in the field. This is confirmed by our on-going relationship with the International Association of Fire Chiefs (IAFC), The United States Department of Defense, The Western Fire Chiefs Association, The Florida Fire Chiefs' Association, The National Fallen Firefighters Foundation, The Washington State Association of Fire Chiefs, The National Volunteer Fire Council, and the hundreds of clients we serve from coast to coast. Products we provide include organization audits and evaluations, cooperative effort and consolidation, health and safety evaluations, master, strategic, and growth management plans, deployment planning, executive searches, assessment centers, and customized consulting. ESCi has helped to improve emergency services in hundreds of communities throughout the country. Our innovative training programs are improving the way organizations and people work. The mission of ESCi is to serve and perform with quality in mind. We will accomplish this by providing the highest value of consulting services and educational ESCi Mission programs, and utilizing a team of professionals committed to offering higWy beneficial programs covenng current and Serve and Perform with anticipated fire, police, communications, emergency management, Quality in Mind and emergency medical services issues and needs. Since the beginning, ESCi has operated on the principles of honesty, integrity, and service. ESCi's philosophy is to maintain an active involvement within the emergency service disciplines and related fields and to stay ahead of the rapid changes and issues facing our clients. ESCi encourages creative solutions to complex system dilemmas. The firm recognizes the cultural, economical, operational, legal, and political realities of the local environment. ESCi avoids pre-conceived biases in order to develop and implement imaginative and long-lasting solutions. In addition, ESCi equips its clients with the background, understanding, and confidence to tackle future problems as.they arise. All of ESCi's field associates are active practitioners in their respective fields, with many involved in highly visible and responsible national leadership positions. We understand your issues, challenges, responsibilities, and offer proven methods to improve your effectiveness. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Brernerton, W A I i>> Emergency SeIVices Consulting inc. When engaged, all work progress is measured against a work plan, timetable, budget, and deliverables. During the project, team members confer frequently to discuss progress as well as new or unanticipated issues. Our project management methodology ensures that services and activities are efficiently conducted and are focused, coordinated, and logical. All project team members are available for the duration of the project. Corporate Headquarters: 25200 SW Parkway A venue, Suite 3 Wilsonville, Oregon 97070 Contact Persons: Jack W. Snook, President Bruce Caldwell, Senior Vice President Phone: 800-757-3724 FAX: 503-570-0522 E-mail: info@esci.us Regional Office: 10625 Butternut Road Chesterland, OH 44026 Contact Person: Phil Kouwe; Vice President Phone: 440-285-1791 FAX: 440-285-1741 E-mail: Phil.Kouwe@esci.us Organization Chart ESCi Board of Directors I Jack Snook JB Lockhart President - Administrative Assistant Linda Kristensen -- Thor Johnson Accounting Manager Proposal Coordinator I I Phil Kouwe Bruce Caldwell Ronny Coleman Vice President Senior Vice President Director of Business Eastern Region Consulting Services Development I I I Diane Schwartz Conrad Kristensen I Jerry Freshour Director of Director of Director of Placement & Project Teams Communications Financial Services Recruitment Consulting Consulting ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City Of Bremerton, W A 2 _________n____ ~ Emergency Seroices Consulting inc. Description of Services Project Understanding Central Kitsap Fire and Rescue and the city of Bremerton, Washington are requesting proposals for consultant services to conduct a full evaluation and cooperative effort feasibility study. The primary purpose of the study is to identify and evaluate the feasibility of interagency programs that could provide for service enhancements and cost effectiveness. The report uses the baseline agency-specific information cataloged by the emergency service evaluation to identify interagency cooperative opportunities, devise conceptual models representing those opportunities, and testing the feasibility of concepts against service and cost benchmarks. Project Methodology ESCi's methodology reflects our understanding of your expectations and our experience in working with the fire protection agencies of other communities of similar size and character throughout North America. Key elements of ESCi methodology include: . A clear understanding of the project background, goals and objectives, and the complex issues that must be addressed. . A comprehensive, well designed, and practical work plan that provides opportunities for stakeholder input. . The commitment of sufficient professional resources, and an ability to complete the project successfully meeting or exceeding the outlined scope and deliverables within the desired period at a reasonable cost. . The production of a written report that provides systematic observation, analysis, and recommendations for all components and organizational systems. The methods and tools used by ESCi have been created or adapted to meet the needs of the agencies. These are not used in an off-the-shelf approach, but have been customized to meet the departments' unique challenges and needs. Effective Project Coordination and Manae:ement - The selection and experience of the project manager is important to the success of this project. ESCi is offering a project manager that will: . Assist in the development and coordination of a project work plan. . Have the ability to work closely with the departments' representatives. . Facilitate project team meetings to share project findings and ideas. . Provide direction based on experience in similar situations, and knowledge of the department's capabilities and requirements. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 3 ~ Emergency Services Consulting inc. Scope of Work The proposed methods, procedures, and anticipated deliverable items of this project have been organized into objectives. Each objective is described below. Phase I: Project Initiation Objective 1: Development of Project Action Plan Activity: ESCi meets with the management teams of the organizations to gain a comprehensive understanding of the project's background, goals, and expectations. The proposed work plan is refined as may be appropriate to meet identified need. The action plan is developed identifying: . Primary tasks to be performed . Person(s) responsible for each task . Timetable for each objective to be complete . Method of evaluating results . Resources to be used . Possible obstacles or problem areas associated with the accomplishment of each task This meeting also helps to establish working relationships, make logistical arrangements, determine line of communications, and finalize contractual arrangements. Other agenda items discussed include data collection; finalize interview plan and tentative schedule, interim milestones, meetings, deliverables, and the transfer of pertinent reports and background material. Objective 2: Review of Backe:round Information Activity: Review and evaluate documents and information relevant to this project including, but not limited to: . The recommendations from previous studies, if applicable . Applicable state and local laws, ordinances, applicable tax information, regulations, contracts, etc. . Existing mission, goals, and objectives . Annual reports, operating budgets, three-year budget history, and budget projections . Service demand and response time data . Relevant collective bargaining agreement(s) . Revenue analysis . Station location maps . Current demographics, land use, and growth plans . Relevant contractual agreement(s) . All available reports on emergency service operations . Relevant community planning documents. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 4 ~ Emergency Services Consulting mc. . Historical incident data on service calls in a computer readable format, as available . . An inventory of facilities, apparatus, and major equipment . The most recent demographic data available . Any other information which may be necessary for the s~ccessful completion of the study Completion of this objective generates the background information needed to provide a strong foundation for the final report. Objective 3: Stakeholder Input Activity: Conduct interviews with and gather information from key personnel including: . Governing body of each agency . Finance function managers . Each fire agency's administrative manager and staff . Members of participating agencies . Others, as may contribute to this project The project team will interview key stakeholders of any organization associated with this study. At a minimum, team members will interview elected officials, fire agency officials, and, as appropriate, representatives as the agencies deem necessary. From these interviews, ESCi obtains additional perspective on operational, economics, and policy issues facing each agency. In addition, the project team learns more about the availability of data necessary to meet specified goals. ESCi Proposal: Evaluation and Cooperative Effort Feasibiliry Study - Central Kitsap Fire & Rescue and City of Brernerton, W A 5 ~ Emergency Services Consulting inc. Phase II: Opportunities for Cooperative Efforts ESCi will identify areas of duplication that can be reduced through consolidation efforts, as well as potential service improvements that can be accomplished. Experience has shown that this frequently becomes the overriding influence for fire protection consolidation efforts. Items in this section of the report include, but are not limited to the areas listed below. The detailed information provides each agency and its elected officials with the information necessary to make important decisions regarding emergency services consolidation. Included are: Objective 1: General Partnerine Strateeies Activity: The various partnering strategies are described, beginning with a do-nothing approach and ending with complete consolidation of the agencies into a new emergency service provider. Objective 2: Critical Issues Activity: The study takes into account the many shared critical issues that face each agency, and how such matters affect the effort to construct a regional model for efficient service. These issues are identified and analyzed. Specific recommendations are offered. Objective 3: Fiscal Analysis Activity: ESCi uses computer-driven budget models to allow a comparative examination of the actual public costs of each agency, and as a tool for analyzing the financial effects of any type of consolidation. Budget modeling is also used to measure the effects of the proposed change(s). Funding mechanisms are identified and comprehensive financial outcomes are provided for each consolidation strategy offered. . Review and analyze agency budgets and revenues . Review separate budgets . Develop projected consolidated budget . Identify financial issues of consolidation . Identify areas of short and long-term savings and costs Fiscal analysis is an important component of the emergency services evaluation. Long-term survival of an emergency services system requires that the system be adequately funded. ESCi determines the fiscal state of each agency, and will develop recommendations on improving the financial resources available for fire and EMS services. All recommendations will be consistent with each agency's financial ability and capability to provide adequate, cost effective services to its citizens. In addition, budgeting practices are thorougWy examined, and alternate methodologies may be suggested. Objective 4: Financial Outcomes of Consolidation Options Activity: Predicted costs and/or savings of each consolidation option are presented. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 6 i>> Emergency Services Consulting inc. Phase III: Findings and Action Steps Any cooperative venture among the agencies presents organi~ational leaders with a series of challenges. Successful implementation of this proposal requires that significant matters be addressed, regardless of which form of consolidation is chosen. Those issues are identified as: Objective 1: Findin2s Activity: Feasibility of each option is presented. Objective 2: Preferred Option Activity: The preferred option or options is presented and discussed. Objective 3: Policy Action Activity: Necessary policy action by the elected bodies is described. Objective 4: Timelines Activity: The recommendations outlined in this section provide general completion timelines offered to guide the agencies in developing a more detailed listing during the formal planning process. Obiective 5: Process Issues Activity: Strategic planning, legal considerations, management and governance, funding and other issues are discussed. Obiective 6: Development and Review of the Report Draft Activity: ESCi will develop and produce a draft version of the report. Client feedback is a critical part of cooperative effort feasibility. Opportunity is provided for review and discussion of the draft report. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City af Bremerton, W A 7 ~ Emergency Services Consulting inc. Phase IV: Presentation of Final Project Report Activity: ESCi will complete any necessary revisions of the draft and produce ten quality bound final versions of the report for each agency. Formal presentations of the project report are made by the ESCi project manager to a joint agency meeting. The final report includes the following: . An executive summary describing the nature of the report, the methods of analysis, findings, and critical recommendations. . Supportive audio-visual presentation. . Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate. . Opportunity for questions and answers, as needed. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City af Bremerton, W A 8 e Emergency Services Con.sulting inc. Project Organization and Staff Project Organization Chart Central Kitsap Fire & Rescue Board of Commissioners & Bremerton City Council I I l Central Kitsap Fire Chief Bremerton Fire Chief Ken Burdette AI Duke I I I Production Proiect Manager Proiect Oversight Assistance - Bruce Caldwell - Jack Snook Thor Johnson Vice President President I I Proiect Member Proiect Member Proiect Member Bob Merritt Bill Monohan Martin Goughnour ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - CentralKitsap Fire & Rescue and City ofBremerton, W A 9 i ~ Emergency Services Consulting inc. ! Resumes Jack W. Snook, President ESCi - Project Oversight Mr. Snook, founder of Management Development Institute, DBA Emergency Services Consulting inc., has been with the company since 1976. He brings with him over 29 years of private and public sector experience at multiple levels. His formal education includes a Masters degree in Public Administration, a Bachelor of Science degree in Fire Administration, and an Associates of Arts degree in Fire Science. His career ranges from being the Chief Executive Officer of a City and corporation to being the Chief and Administrator of one of the nation's eighty largest fire departments. Mr. Snook has extensive experience in providing consulting services to clients throughout the world. He has managed well over 100 projects. Areas of expertise include management and organization reviews, cooperative service and consolidation, strategic planning, program evaluations, and risk assessment. He has been looked upon as a national leader in the fire service for many years. Recent assignments and/or appointments would include facilitator of the National Fallen Firefighters Foundation national summit to reduce line of duty deaths in America; moderator of the nations first symposium to bring healthcare officials and the fire service together to report develop a model program to reduce healthcare facility deaths and injuries; facilitator of a national roundtable to discuss emerging codes; and facilitator of the International Association of Fire Chiefs strategic plan (two years). Mr. Snook has key-noted over seventy-five conferences and conventions and has spoke at over 200 events. Mr. Snook will provide project over sight during this engagement. He will meet regularly with the project manager to provide direction, guidance, and technical expertise. Educational Back2round . Masters Degree in Public Administration . BS Degree in Fire Administration . AI A Degree in Fire Science . Fire Services Administration Institute Graduate . California Fire Officers' Academy Graduate Professional Experience . President, Emergency Services Consulting inc. - 1996 to present . President, Management Development Institute - 1976 - 1995 . Nine years fire chief of Tualatin Valley Fire and Rescue (OR) . Four years fire chief of Lake Oswego (OR) . 13 years Jackson County (Oregon) Fire Dist. No.3 (firefighter to deputy chief) Relative Experience . City Councilman and Mayor - Central Point (OR) 1972-1978 . Fire Science Coordinator - Rogue Community College ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City €If Bremerton, W A 10 ~ Emergency Services Consulting inc. . Adjunct Faculty Member - U.S. Fire Academy . International Association of Fire Chiefs - Member . Western Fire Chiefs' Association - Member . Oregon Fire Chiefs' Association - Member . Metro Fire Chiefs' Association - Member . St. Mary's Home For Boys - Board of Directors (1994-2000) Associated Professional Accomplishments . President Ronald Reagan - Letter of Commendation (V olunteerism) . Listed in Who's Who in the West . Guest speaker and lecturer in 39 states and.several foreign countries . Author of several books and training video tape series . Contributing Author in Managing the Fire Service Today, ICMA . N.F.P.A. - Professional Standards Committee . International Association of Fire Chiefs; Prof. Dev. Committee - Past Chairman . International Association of Fire Chiefs - Editorial Cormnittee . Oregon Fire Standards and Accreditation - Author, Consultant . Oregon Intergovernmental Services Bureau - Advisory Board . Oregon I ICS Taskforce - Past Chairman . Life Safety 2000 Committee Chairman - State of Oregon . LA.F.e. International Conference - Program Chairman (1986, 1987, 1988, 1989) . Golden Trumpet Award - (one of seven recipients in OR's history) 1994 . Silver Trumpet Award - (one of three in OR's history, civilian contribution) 2001 Proiect Summary Mr. Snook has been the project manager of over 200 projects during the past 29 years. Following is a partial list of the projects he has managed. Clark County Fire District 6, WA - Customer Centered Strategic Plan. International Association of Fire Chiefs - Facilitation of the strategic plan. Mr. Snook facilitated the IAFC strategic planning process for three consecutive years. He has also facilitated national summits on healthcare reform and the fire service, and emerging codes in the fire service for the IAFe. Oregon Fire Chief's, Oregon District Directors Association, Washington Firefighters Association, and the Oregon Volunteer Firefighters Association - Facilitation of the strategic planning processes. Clackamas County Federal Fire Department No.1, OR, Eugene Fire Department, OR, Boring Oregon Fire Department, St. Helen's Federal Fire Department, OR, and Frankford, IL - Executive searches (position of fire chief). Vancouver, WA (3); Cowlitz County, WA; Boring, OR; Richland, WA, (3); Spokane F.D. No. 3, WA; and Jackson County Federal Fire Department No.3, OR - Numerous assessment centers. Foster City and San Mateo~ CA - Consolidation feasibility study. Project included full evaluation of. the organizations involved, feasibility study, and implementation strategies. This project included an economics model for projected costs and cost savings over a ten-year period. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 11 i>> Emergency Services Consulting inc. Littleton Fire Department, CO - Project included conducting a 360-degree evaluation and reporting findings in the form of recommendations. Reedy Creek Federal Fire Department (Disney World), FL - Completed a management audit, customer centered strategic plan, executive search for fire chief, and management training. Post Falls, ID - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. A review of their medical transportation system was included. Riverside and Lyons Fire Department, IL - Evaluation. The objective of this project was to look at their operations and make recommendations as to what they might do to improve independently as well as cooperatively. Greenwood Fire Department, IN - The project included the evaluation of the management component, human resource functions, planning, risk management, operational readiness, stations, apparatus, equipment, training, fire prevention and public education, oversight, finance, and support services. Scituate, Hingham, Hull, Norwell, and Cohasset, MA - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. Fallon Fire Department, NV - The evaluation resulting in the dropping of an ISO rating from a class 5 to a class 1 fire department. They are the only all-volunteer fire department in the United States to acquire a class 1 rating. The project included the creation of a training program, inspection program, recommending improvements in all aspects of the operation including equipment, apparatus, and facilities. Development Fire Safety 2000 Plan for. the State of Oregon - Chief Snook chaired the committee to develop, implement, and distribute a comprehensive public education and information program for the State of Oregon. It is now a model plan utilized at the United States National Fire Academy. Evans Valley Fire Department, OR - This was a comprehensive evaluation. The purpose was to prepare them for an ISO grading, check operational readiness, review staffing requirements, station locations, identify the potential for a functional or operational consolidation with a neighboring. department, and improve overall operations. Hermiston, OR - Consolidation feasibility study. Project included full evaluation of the organizations involved, feasibility study, and implementation strategies. Jackson County F.D. No.3, Jackson County F.D. No.4, Lake Creek, and the city of Central Point, OR - Consolidation feasibility study. As a result, the city of Central Point and Jackson County Federal Fire Department No.3 have legally merged. Newburg Fire Department, OR - Development of strategic plans. St. Helens Fire Protection District and Scappoose Fire Departments, OR - Development of strategic plans. Benton County Fire Department No.4, WA - The project included the evaluation of the management. component, human resource functions, planning, risk management, operational readiness, stations, apparatus,. equipment, training, fire prevention and public education, oversight, finance, and support services. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City @fBremerton, W A 12 i>> Emergency Services Consulting inc. Bruce W. Caldwell, Senior Vice President - Project Manager Mr. Caldwell will provide liaison with the client's project representative, and be responsible for the content and quality of the project. He will also ensure that the project is accomplished on schedule and within budget. Mr. Caldwell has a Bachelors Degree in Fire Administration and brings over 36 years of consulting and fire service experience. He has managed over 100 consulting projects ranging from single agency to multi-agency organizations. He has served as fire chief of the Klamath Falls (OR) Fire Department for eight years, acting city manager, and was fire chief of the McMinnville (OR) Fire Department from 1989 until his retirement in 1998. The department's EMS system is one of the most progressive and busiest systems in Oregon, protecting over 450 square miles and seven jurisdictions. Mr. Caldwell brings a realistic approach to problems facing emergency services managers. His experience and ability to see the big picture creates a positive working relationship and atmosphere for communities and agencies facing change. Educational Back!round . BS Degree in Fire Administration . Fire Services Administration Institute Graduate . National Fire Academy Executive Development Professional Experience . Senior Vice President, Emergency Services Consulting inc. . 20 years Klamath Falls, OR Fire Department, eight years as fire chief . 9 years fire chief, city of McMinnville Fire Department, OR . 5 years building division administrator, city of McMinnville, OR . Acting city manager Relevant Experience . Fire Service Instructor, Rogue Community College . Board Member, Chemeketa Community College Fire Protection Committee . Chair, State of Oregon Board of Public Safety Standards and Training . Western Fire Chiefs Association - Member . Past President, Oregon Fire Chiefs' Association . Yamhill County Fire Chiefs' Association . User Board Chair, Yamhill County Regional Communications Agency 9-1-1 . School Advisory Committee Member, Klamath Falls City Schools Associated Professional Accomplishments . Associate Field Representative, ESCilMDI . Advisory Board member, State of Oregon Intergovernmental Services Bureau (Governor appointment) . Chairperson, Fire Standards and Accreditation Board (Oregon) ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 13 8 Emergency Services Consulting mc. . Chair, Klamath Lake Child Care Council . Letter of Accomplishment from Governor Barbara Roberts (Oregon) Project Summary Mr. Caldwell has been the project manager/project member of over 100 projects during the past 10 years. Following is a partial list of the projects. Greater Greensboro Area Fire Agencies, NC - Feasibility Study: The five districts involved were experiencing rapid growth and the effects of annexation. Battle Creek Metropolitan Area Emergency Services, MI - Feasibility Study: The project produced several options on consolidating the eight agencies. Kodiak Island Borough, including four fire districts, AK- The project was a feasibility study to determine if consolidation was possible and the effects on service levels. Okanogan Regional District Evaluation, Be - This project included eight separate agencies and examined the feasibility of consolidation of emergency services. Town of Oro Valley, AZ - Feasibility Study and Strategic Plan: This project examined the current services being provided to the community from Rural Metro and a municipal fire district. In addition to the evaluation analysis, a strategic plan was developed for the Town to identify community standards and protection levels that they would support. Corporation of Delta, BC - Feasibility Study: This project was commissioned to review the services provided to a highly industrial area and the best alternative to improve services and achieve economies by utilizing a regional approach to protection. Bangor, Brewer, Old Town, and Orno, ME - Merger/Consolidation Project: Four individual agencies were evaluated and an analysis of regional emergency services was provided. Madison, Starks, Anson, ME - Feasibility Study: Evaluated thee individual agencies and provided analysis on moving to a regional concept approach for emergency services. Plainfield/Rockford, MI - Feasibility Study: This study provided a comprehensive individual evaluation of each agency and analysis to determine the feasibility of merger of the two agencies. Township of Alpine, MI - Fire Department Evaluation: Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. Northwest Clatsop County Fire Agencies, OR - Assessment and Rationalization Study: The project examined the current services provided by three fire districts and two municipal fire departments. The study examined regional fire protection strategies and offered four alternate fire protection scenarios for the Clatsop County, Oregon area. Aurora Fire District, OR - Fire District Evaluation and Customer Strategic Plan: The project involved an extensive fire district audit and the development of a strategic plan. Corvallis Fire Department OR - Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. Scappoose Fire Protection District Evaluation OR - Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. St. Helens Fire Protection District Evaluation OR - Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. Graham Fire District, WA - Fire Department Evaluation: Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City Qf Bremerton, W A 14 ~ Emergency Services Consulting inc. Mason County Fire District No.2, W A - Evaluation and Customer Centered Strategic Plan: This project included a comprehensive agency evaluation of emergency services and a strategic planning model for the community. San Juan County Fire District No.4, Lopez Island, WA - E~aluation and Customer Strategic Plan: Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. Racine, Caledonia, and Mt. Pleasant Fire Departments, WI - Feasibility Study: This project sponsored by a local area-manufacturing group to determine and assess the opportunities available for a regional approach to emergency services. Village of Sturdivant, WI - Contract Analysis: This project was to review current contractual agreement for services and to develop a new performance-based agreement with current provider. Longview Fire Department, Cowlitz 2 Fire Rescue District, W A - Consolidated Fire Protection Feasibility Study: The study identified system improvements and likely cost reduction outcomes resulting from cooperative service models between the fire district and fire department. Northwest Whatcom County, WA - Fire Agencies Feasibility Study: Four agencies participated in a review of regional emergency services and the investigation of feasibility to consolidate the fire departments into one fire protection agency. Two of the three agencies involved have consolidated. Thurston County" WA - Feasibility Study: The project evaluated the feasibility and probable outcomes of regional services involving five separate fire protection jurisdictions. City of Springfield, OR - Fire District Feasibility: The city commissioned a study to examine the probable financial. outcome of shifting the responsibility for fire and EMS service from the city fire department to a fire district. City of Eugene, OR - Fire and EMS Department Evaluation: The project involved a detailed review and analysis of the city fire and EMS department. Teton County, WY - Organizational Evaluation and Feasibility Study: A project examining and making recommendations concerning the two emergency service agencies of the city of Jackson/County of Teton region - the JacksonfTeton County Fire Department and Teton County Emergency Medical Services. Cities of Gresham, Troutdale, Wood Village, Fairview, and Multnomah Fire District No. 10, OR - Regional Fire and Emergency Service Feasibility: The report examines fire and emergency . service alternatives and related costs for the four cities and a fire district. City of Monroe/Frenchtown Charter Township, MI - Regional Fire Protection Feasibility: The report surveys the management and operational components of the Monroe Fire Department and the Frenchtown Fire Department focusing on the identification of organizational and cost reduction strategies derived from shared services or from a complete union of fire protection servIces. Tri-LakesArea, CO - Regional Fire Protection Feasibility: The report detailed all administrative and operational systems of each agency and examined the potential for service improvement based on joining the organizations of two or more of the agencies. North Davis County, UT - Regional Fire Service Feasibility Study: A study initiated by the Cities of Clearfield, Clinton, Sunset, Syracuse, and West Point to consider the probable outcome of shifting the city-based fire departments to a consolidated fire protection agency. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 15 ~ Emergency Services Consulting inc. LaPlata County, Colorado (Durango) - Project Manager for a multi-agency cooperative effort feasibility study: Indi vidual agency evaluations were provided along with feasibility recommendations and timelines for rationalization of emergency services. The participating agencies have joined in forming a Joint Powers Agreement and are continuing to move toward a regional delivery model. Mesa County, Colorado (Grand Junction) - Project manager for a lO-agency evaluation and cooperative effort feasibility study: Individual agency specific evaluations were provided and several countywide strategies imitated to provide county support to a diverse emergency service community. A countywide EMS system analysis was provided and development of regional EMS ordinance has been accomplished. City of Bothell, WA - Options analysis provided to determine what rationalization options exist to provide continue viabl~ fire service operations for the city. Larkspur Fire Protection District, CO. - Fire service evaluation and customer centered strategic plan. North Bay Fire Protection District, OR - Fire service evaluation and customer centered strategic plan. Argyle Volunteer Fire Department, TX - Fire and EMS Master Plan. The project involved a detailed review and analysis of the city volunteer fire department. Northern Lakes Fire District, ID - Fire District Evaluation and Growth Management Plan. Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement. Whatcom County Fire District No. 4, WA - Fire District Evaluation. Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement Benton County Fire District No.4, WA - Fire District Evaluation. Evaluation of fire and emergency medical services capabilities and provided recommendations for improvement ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 16 i>> Emergency Services Consulting inc. Martin E. Goughnour, Associate Consultant - Project Member Mr. Goughnour, senior analyst, will evaluate and develop recommendations involving training and HR programs. He will also assist in the fiscal and budgetary analysis of this project. Mr. Goughnour had demonstrated outstanding insight and expertise on several consulting engagements in the past year. Mr. Goughnour began his professional career in 1969 at Multnomah County Fire District No. 12. His service has spanned 34 years rising from the rank of firefighter to deputy fire chief. He was the Administrative Services Chief (1999 - 2003) of Clackamas County Fire District No.1, the second largest fire district in the State of Oregon. As administrator, he managed the district budget of over 24 million dollars, labor negotiations, labor management relations, IS/IT, human resources, occupational medicine, wellness, and payroll services. Mr. Goughnour has a plethora of valuable experience in fire prevention, training, EMS, operations, and administration. His time in EMS ranged from first responder to ACLS and PHTLS trained Nationally Registered Paramedic. Mr. Goughnour was instrumental in the merger, consolidation, and contract for services that saw nine fire agencies unite as one fire district over a period of 12 years. Educational Backeround . Bachelor of Science in Fire Services Administration, Eastern Oregon University, LaGrande, OR - Suma cum Laude . Associate of Applied Science, Fire Protection Technology, Portland Community College, Portland, OR . Uniform Fire Code Inspector Certification, I.C.C. . Training in Incident Command: Operations, Planning, Incident Commander, Safety, and PIO . National Registered EMT - Paramedic (1981 - 1990) Professional Experience . Associate, Emergency Services Consulting inc. . 34 years of diverse, progressive leadership in fire, emergency service . Administrative Service Chief . Chief Training Officer . Chief Fire Marshal . CF AI, Team Member - Peer. Assessor . Chief Examiner, Civil Service Commission, Clackamas County FD Relevant Experience . Current Chairman, Port of Portland Airport FD, Civil Service Commission . Oregon Fire Chiefs Association . International Association of Fire Chiefs . Oregon PERS Employers Task Force ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 17 i>> Emergency Services Consulting inc. Associated Professional Accomplishments . Development team, Metro Fire Officer Academy . Nevada Fire Officer Development Seminar Presenter . Chaplaincy Program Development . Lead Management Contract Negotiator . Eastern Oregon University, Fire Administration "Student ofthe Year" . Chief Fire Officer Designation Proiect Summary East Multnomah County, Oregon - Feasibility Study: The cities of Fairview, Gresham, Troutdale, and Wood Village, and Multnomah County Fire District No. 10 engaged in a feasibility study of options for future regional fire and emergency services delivery. Davis, California - Emergency Services Assessment: The purpose of this study was to identify options to maximize existing resource of the University of California-Davis and the City of Davis Fire Departments. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City ef Bremerton, W A 18 I i>> Emergency Services Consulting inc. William A. Monahan, JD, Associate Consultant - Project Member Mr. Monahan recently joined Emergency Services Consulting inc. He has over 30 years experience in local government and the private practice of law. His career includes ten years as the city manager for Tigard, OR and five years as community development director. He practiced law in the Portland, OR area for over six years, representing private clients and serving three communities as City Attorney. As a planner in Brockton, MA for most of the initial eight years of his career, he was the assistant city planner for two years and the city planner (director) for three. He also worked for the Brockton Redevelopment Authority where he served as chief rehabilitation officer, establishing the City's Housing Rehabilitation Program. Educational. Back2round . Juris Doctor Degree . Masters Degree in Community Planning . BA Degree in Sociology Professional Experience . Attorney at Law- 1986 to present, focused solely on law from 1988 to 1994 . City Manager, Tigard, OR -1994 to 2005 . Community Development Director, Tigard, OR - 1982 to 1988 . City Planner - Brockton, MA - 1979 to 1982 . Chief Rehabilitation Officer, Brockton Redevelopment Authority, MA - 1978-1979 . Community Planner - US Department of HUD, Louisville, KY - 1978 . Assistant City Planner - Brockton, MA - 1975 to 1978 . Junior/Senior Planner, Brockton, MA - 1974 to 1975 Memberships . Oregon State Bar - 1986 to present . American Institute of Certified Planners - 1983 to 2002 . International City Management Association - 1995 to present . Tigard Area Chamber of Commerce - President 1991-92 . Broadway Rose Theatre Company - Board Member 2000 to present Relative Experience . Good Governance Award - The City of Tigard received the League of Oregon Cities award in 2002 in recognition of an outstanding communication plan . Budget Presentation and Comprehensive Annual Financial Report award, Government Finance Officers Association, 1994-2004, City of Tigard . Presenter: Ethics, the Government Standards and Practices rules, City of Tigard and Statewide conferences . Grant preparation/application: Purchase of over 300 acres of parkland City of Brockton . Negotiations for transfer of a U.S. Navy facility to the City of Brockton . Oregon Land Conservation and Development Commission: Contracted to assess the land development process of the City of Happy Valley. . Led the development of the City of Tigard's first comprehensive plan . Led the development process for the City of Tigard Community Development Code ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 19 i>> Emergency Services Consulting inc. Bob Merritt, Associate Consultant - Project Member Mr. Merritt has spent his entire 33 year career in all levels and divisions of emergency services in the Pacific Northwest. The majority of his leadership years were spent as fire chief for a nationally recognized fire department in Snohomish County, W.ashington. Twenty-three years as chief fire officer/fire administrator provided Mr. Merritt creative opportunity to be involved with innovative leadership and development of a successful fire department, as well as also opportunity to serve and provide significant contribution at the state and regional level. His experience in assisting and promoting organizational excellence, leadership, and efficiencies at all levels of emergency services gives rise to unique and positive opportunities to improving organizational effectiveness in today's challenging environment. Educational Back2round . U.S. Army NCOES . George Fox University . National Fire Academy Executive Development Professional Experience . Five years: firefighter/paramedic; EMS coordinator; coroner - Yakima County, W A . Five years: chief officer, firemarshal-- Yakima County, W A . Three years: fire chief -- City of Snohomish, W A . Twenty years: fire chief/frre administrator - Snohomish County, W A Relevant Experience . NF A / W A State Fire Instructor . Governor appointed to W A State Fire Board . Board member Snohomish County EMS Council . Board member Snohomish County 9-1-1 Communications . NW Region Fire Defense Coordinator . Lifetime Washington State, Oregon State, Western Fire Chiefs Association member . Fire / EMS Curriculum Board - Everett Community College . Snohomish County DWI Task force . Associate Youth Pastor / Missions Coordinator Proiect Summary Missoula Fire Department, MT ...:.. Comprehensive Fire Master Plan. Reviewed the current delivery of fire and emergency services and provided a master plan of facilities, staffing, apparatus, and organizational strategies. Benton Fire District #4, W A - Customer Centered Strategic Plan ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 20 ~-----_._-- ~ Emergency Services Consulting mc. Experience and References City of 81. Cloud. Minnesota Project: Master Plan Project Manager: Phil Kouwe ESCi was contracted to facilitate a study of service delivery and the current and future needs of the St. Cloud Fire Department. The focus of the study was (1) to review and evaluate the current position of the services provided by the fire department to determine changes in resources or alternative service delivery methods that may better serve their customers, and (2) to determine needs for services over the next twenty years. The report, divided into four sections, detailed the study of fire protection services provide by the St. Cloud Fire Department: . Section 1: Provided an in-depth evaluation of the agency and described its governance, management, staffing, resource deployment, service delivery performance, and special programs. The department's facilities, apparatus, and equipment were inventoried, reviewed, and evaluated. . Section IT: This section included a review of population forecasts, service. demands, responsibilities for providing fire responder EMS, community risk analysis, and a graphical representation of city-wide response analysis. . Section. ill: Contained detailed recommendations for necessary deployment of facilities, apparatus, and staffing over the twenty year period. . Section IV: The report concluded with a series of strategies for consideration that involved methods for improving the efficiency of the current operation on short, mid, and long-term basis. Contact: Bill Mund, Fire Chief St. Cloud Fire Department 101 10th Avenue North St. Cloud, MN 56303 Phone: 320-650-3500 ESCi Proposal: Evaluation and Cooperative Effort Feasibili.ty Study - Central Kitsap Fire & Rescue and City of Brernerton, W A 21 ----.-- i>> Emergency Services Consulting inc. Mesa Countv. Colorado Project: Countywide Evaluation of Fire/EMS and Cooperative Effort Feasibility Study Project Manager: Bruce Caldwell ESCi was engaged by Mesa County Colorado to review the counties fire and EMS system. All components of emergency service provided by ten participating fire agencies were studied including administration, communication, staffing, deployment, career and volunteer services, rank structure, facilities, apparatus, equipment, planning, training and prevention activities. In conducting the study, ESCi received input from representatives of Mesa County, the city of Grand Junction, as well as employees and members of the fire districts, physicians, educators, ambulance providers, and citizens. The study included two components. The first element focused on the identification of organizational strategies for improvements in service and safety. Each of the ten departments received an independent evaluation that included a detailed organizational audit including recommendations and strategies for improvement. The second element used information from the evaluation to identify and analyze opportunities for service enhancement through intergovernmental cooperation and/or system redesign. Five conceptual models were provided. Each was designed to address some of the most pressing fire protection issues facing Mesa County fire agencies, and to improve safety, efficiency, and the effectiveness of Mesa County fire protection. Fire protection system redesign concepts included: . Provide rural county fire departments with key administrative support services through a Mesa County Fire Protection Resource Center. . Improve the level and consistency of fire and EMS training through the creation and support of a Regional Public Safety Training Center. . Develop and deliver a countywide fire prevention plan through the creation and support if a Regional Fire Prevention Cooperative. . Create a means to address long-term planning for fire and EMS protection in the Grand Junction metropolitan are by combing the jurisdictions of the Grand Junction Fire Department, Clifton Fire Protection District, Grand Junction Rural Fire District, and the Redlands Sub-District. . Enhance the limited availability of volunteer firefighters by unifying the Palisade Fire Department, East Orchard Mesa Fire District, and the Central Orchard Mesa Fire District. Contact: Kimberly Bullens, Director Emergency Services Coordinator, Mesa County 540 Rood Avenue Grand Junction, Colorado 81502 Phone: 970-244-3332 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 22 -~ i>> Emergency Services Consulting inc. Southwest United Fire Districts. Illinois Proiect: Cooperative Services Feasibility Study Project Manager: Phil Kouwe The Study surveyed the management and operational components of three departments, focusing on the identification of organizational strategies likely to result in improved service to the public. The study also analyzed system improvements and cost reduction strategies derived from shared services or from a complete union of fire protection services. The study also considered partnership strategies that included only the three jurisdictions, but pointed out any potential partnership strategies with other agencies that may benefit the client. The critical issues that influence the level and efficiency of regional fire protection were addressed in the study. The most critical issues included: . Fire Department Administration . Funding . Resource Deployment Staffing . Dispatching . Fire Prevention Programs The report included five options for uniting the agencies either by organization or by function into different combinations. The intent of each option is to serve as a tool for policy makers to compare the financial and operational outcome of the concept with the known state of the present. Contact: Dan Hermes, Fire Chief Pleasantview Fire Protection District 1970 Plainfield Road LaGrange Highlands, IT.. 60525 Phone: 708-352-9229 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 23 ~ Emergency Services Consulting Uu:. La Plata County. Colorado Proiect: Merger/Consolidation Study Project Manager: Bruce Caldwell This report studied fire protection and emergency medical services in a portion of La Plata County, Colorado. The study area is served by four generally contiguous fire protection agencies: one was formed as a city fire department and three were fire districts. The report surveyed the management and operational components of each of the area departments, focusing on the identification of organizational strategies that were likely to result in improved service to the public. The study also identified and analyzed improvement in system delivery and cost reduction strategies that may be derived from shared services, functional consolidation, or a complete union of emergency services. An Intergovernmental Agreement was signed that implemented the study's foremost recommendation to create a fire authority in accordance with Colorado Law. Contact: Fire Chief Mike Dunaway Durango Fire Department 949 East 2nd Avenue Durango, Colorado 81301 Phone: 970-385-2800 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Brernerton, W A 24 ~ Emergency Services Consulting inc. Tri-Lakes Area. Colorado Project: Merger/Consolidation Feasibility Study Project Manager: Bruce Caldwell The report details the study of fire protection and emergency medical services in a portion of El Paso County, Colorado, known as the Tri-Lakes area. The area is comprised of 60 square miles with a residential population of approximately 32,000. Three generally contiguous fire protection agencies serve the area. The study surveyed the Ipanagement and operational components of each department focusing on the identification of organizational strategies likely to result in improved services to the public. The study also analyzed system improvements and cost reduction strategies derived from shared services or from a complete union of fire protection services. The report presented four consolidation options that could merge the departments in two possible combinations. Each option served as a tool for policy makers to compare the financial and operational outcome. A series of benchmarks were identified to aid in the operational and financial outcome and a model property tax rate was generated for each agency. The model tax rate represented the amount of public tax support required of each fire department to provide fire protection services. Contact: Fire Chief David Youtsey W oodmoor-Monument Fire District 1855 WoodmoorDrive Monument, CO 80132 Phone: 719-488-3303 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 25 ~ Emergency Services Consulting inc. City of Monroe / French Charter Township, Michif!an Proiect: Regional Fire Protection Feasibility Proiect Manager: Phil Kouwe ESCi created a report that surveys the management and operational components of each of the departments focusing on the identification of organizational strategies likely to result in improved services to the public. The study also analyzed system improvements and cost reduction strategies derived from shared services or from a complete union of fire protection servIces. The report presents four options uniting the departments either by organization or by function into different combinations. A series of benchmarks were identified for the operational and financial outcome of the four options. The first four benchmarks measured elements of the organizational efficiency. The last two measured the cost of service to the community. The benchmarks were: . Firefighters per $1,000,000 of assessed value . Emergencies each 1,000 population . Firefighter work load . Distribution of administrative and support jobs . Cost of service per capita . Cost of service in property tax mill rate Contact: Robert Hamilton, City Manager City of Monroe 120 E. First Street Monroe, MI48161 Phone: 734-243-0700 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City o{ Bremerton, W A 26 ~ Emergency Services Consulting inc. North Davis County, Utah Project: Regional Fire Services Feasibility Study Project Manager: Bruce Caldwell ESCi was contracted by the cities of Clearfield, Clinton, Sunset, Syracuse, and West Point to examine the probable outcome of shifting responsibility for fire and emergency medical services in North Davis County from the existing separate city-based fire department to a consolidated fire protection agency. The purpose of the study was to offer the citizens the same or better emergency services at the same or less cost. The study was done in two parts. The first, an evaluation of emergency services provided each of the four fire departments with a detailed organizational audit accompanied by discrete recommendations for improvement. The second part of the study examined strategies for shared emergency services and considered the feasibility of various conceptual models designed to bring about the unification of municipal fire service in North Davis County. Contact: Jackie Bippes, City Manager I I Clearfield City I 55 South State Street Clearfield City, UT 84015 Phone: 801-25-2711 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 27 I i I I I i>> Emergency Services Consulting mc. I I Teton County and the Town of Jackson. WY Proiect: Organizational Evaluation I Feasibility Study Proiect Manager: Bruce Caldwell Teton County and the Town of Jackson contracted with ESCi to evaluate and make recommendations concerning two emergency service agencies of the Jacksonffeton region - Jacksonffeton County Fire Department (JTCFD) and Teton County Emergency Medical Services (TCEMS). The purpose of the study relative to each of the entities was: TCEMS: ESCi reviewe~ all elements of the existing organization including the agency's relationship with the St. John's Medical Center. Recommendations were made to improve the efficiency and effectiveness of regional ambulance service, taking into consideration options including: a continuation of the existing system; the merger of JTCFD and TCEMS; the creation of an independent TCEMS; and EMS transport service by a private company. JTCFD: ESCi reviewed all elements of the existing organization with particular focus on the December 1983 Jackson-Teton County Joint Fire Protection Agreement. ESCi identified modification to the Agreement and made recommendations for improvements to fire department policies and practices. Recommendations were made to improve the efficiency and effectiveness of JTCFD' s organizational structure by defining roles and responsibilities with the structure and the development of a strategic plan for the direction to the department over the next five to ten years. Contact: Ken Sutton, Fire Chief Jackson Teton County Fire Department 40 E. Pearl Street Jackson, WY 83001 Phone: 307-733-4732 ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 28 ------------- i>> Emergency Services Consulting inc. Cost Quotation Emergency Services Consulting inc. is pleased to present the following formal bid for the project outlined in the proposed work plan: Evaluation and Cooperative Effort Feasibility Study: ..................................$35,080.00 Actualexpenses (travel, lodging, meals, mailing, and copying): .................$ 2.442.00 Total bid to conduct study, not to exceed: ...................................................$37,522.00 Cost Breakdown Objectives,._., Cost l)~y~loI?"\Y?r~glaft................................... ......................................>...... ............ '. . $ 290X)O< ~~y~e~>of~ack;gl"()Un~:lllifoflll~tipn . "$.4;34Q~Q() St~ebQ19~r.mP:u.t....... . .$.a600.oQ ,-', .":", ~. '-""- QR~Qf}P~i~iesJ9(.CQoper~py~eff()eJ .........$t4~300;()o..... l1jn~~~.~..~~:(\Cti911~t~~~J?~yel()~Ill~~f. $,2';ftl SiQO ~~y~l()pm~l)tatid.Reyie;w.ofJ)I:aftJ.{e:P(}rt.. . $1;4'05.QO .. Flpallrresenfatiqii . .. '..........$ <4,27Q.OQ Total bid for services, not to exceed: Proposed Payment Schedule 33% payment due upon contract signing 33% payment due upon receipt of draft report 34% payment due upon receipt of invoice, final report, and completion of project (oral presentation) Information relative to cost Quotation . Bid quotation is valid for 90 days. . ESCi will receive full cooperation from person(s) representing the agencies. . While engaged in the project, ESCi will report to a single point of contact. . When requested, and in a timely manner, the department representative will provide to the ESCi project manager, data, information, and materials required for the completion of the objectives outlined in the detailed work plans submitted in this proposal. . ESCi shall perform any additional work on a time and materials basis at the hourly rate of $145.00 per hour. ESCi Proposal: Evaluation and Cooperative Effort Feasibili.ty Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 29 .- ----~ ~ Emergency Services Consulting inc. ESCi Disclosures and Practices Conflict of Interest Statement ESCi has neither directly nor indirectly entered into any agreement, participated in any collusion or collusion activity, or otherwise taken any action which in any way restrict or restraint the competitive nature of this solicitation including be not limited to the prior discussion of terms, conditions, pricing or other offer parameters required by this solicitation. ESCi is not presently suspended or otherwise prohibited from participation in this solicitation or any other contracting to follow thereafter by any government. Neither ESCi nor anyone associated with ESCi have any potential conflict of interest because of or due to any other clients, contracts, or property interests in this solicitation or the resulting project. In the event that a conflict of interest is identified in the provision of services, ESCi will immediately notify the client in writing. Litieation ESCi has no past and/or pending litigation or resolved lawsuits. Employment Practices ESCi is an equal opportunity employer. The company is guided by recognized industry standards, policies, and procedures. ESCi offers a wide range of employee benefits and ongoing training opportunities that has enabled ESCi to attract and retain quality consultants who are recognized as experts in emergency service organization, management, and service delivery. EQual Opportunity Policy ESCi will not refuse to hire, discharge, promote, demote, or otherwise discriminate in matters of compensation against any person otherwise qualified, because of age, race, creed, color, sex, national origin, ancestry, or handicap. Staff and Client Base ESCi's diverse staff understands local government and emergency services. ESCi employs six full time employees and has exclusive consulting agreements with over 40 independent contractors. All of ESCi's field associates are active practitioners in their respective fields, with many involved in highly visible and responsible national leadership positions. Since 1976, ESCi has provided consulting services to over 700 cities, counties, special districts, states, professional organizations, private businesses, and the federal government. ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 30 i>> Emergency Services Consulting me. Appendix I. ESCi Partial Client List Alpine Township, MI Canby Fire District, OR Altamont Springs, FL Cariboo Regional District, BC AMS Ambulance Service, ME Carmel Fire Department, IN Aptos/La Selva Beach FPD, CA Cascade Charter Township, MI Arvada Fire Protection District, CO CDF FirelButte Co. Fire & Rescue, CA Ashland Fire & Rescue, OR Centerport Fire Department, NY Astoria Fire Department, OR Central Emergency Services, AK Auburn Fire Department,W A Central Kitsap Fire & Rescue, W A Auburn, W A Central Lyon Co. FPD, NV Aurora RFPD, OR Central Pierce Fire & Rescue, W A Aurora, CO Central Pierce, W A B.C. Chiefs, BC Charleston FPD, OR Bangor Fire Department, ME Chehalis, W A Banks, OR Chelan County Fire District No.7, W A Battle Creek, MI Chelan Fire Department, W A Bayshore Fire Department, FL Chemeketa Community College, OR Beaumont, TX Chino Valley Independent Fire Dist., CA Belleair Bluffs, FL Citrus County Fire /Rescue, FL Bellevue Fire Department, W A Clackamas Co. Communications, OR Bellevue, W A Clackamas Fire District No.1, OR Bellingham Fire Department, W A Clackamas, OR Belton, TX Clark County Fire District No.1, W A Benton Co. ED. No.4, W A Clark County Fire District No.6, W A Benton Co. Sheriffs Dept., OR Clark County Fire District No. 11, W A Bernalillo, NM Co. State Firefighters, CO Billings Fire Department, MT Coos Bay Fire Department, OR Blaine / Lynden, W A Coral Springs Fire Department, FL Boise, ill . Corona Fire Department, CA Bonita Springs Fire ControllRescue, FL Corporation of Delta, BC Bonney Lake Fire Department, W A Corvallis Fire Department, OR Boring Fire Department, OR Cowichan Valley Regional District, BC Bothell Fire Department, W A Cunningham Fire Prot District, CO Bremerton Fire Department, W A Dallas Fire Department, OR Brenham Fire Department, TX Dallas Police Department, OR Broward Co. Fire Chiefs, FL Davie County, NC Brunswick County, SC Delray Beach Fire Department, FL Burton Township, OH Depart of Defense (D.O.D.) CA Fire Instructors, CA Depmsey & Associates, FL Ca Fire Prevention, CA Dexter Rural Fire Prot District, OR Camas Fire Department, W A District of Lake Country, BC Cambria Community Service Dist., CA Douglas Co. RFPD No.2, OR ESCi Proposal: Evaluation and Cooperative Effort Feasibili~ Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 31 ~ Emergency Seroices Consulting inc. Douglas County, GA lllinois Fire Chiefs, IL Dover Township, P A Incline Village, NV Dundee, OR Islamorada FirelRescue, FL East Fork, NV Island County Fire District No.3, W A Eastside Fire & Rescue, W A Jackson County Fire District No.3, OR Edison Pt. Holdings, Inc., FL Jackson County Fire District No.4, OR El Paso de Robles, CA Jefferson Co. Fire District No.3, W A Emer. Medical Foundation, Inc., FL Jefferson RFPD, OR Erie, P A Johnstown Fire Department, PA Estero Fire Rescue District, FL Juneau Fire Department, AK Eugene Fire & Emergency Med Services, Juneau, AK OR Kansas City, MO Eugene, OR Kalispell Fire Department, MT FairbankslNorth star Borough, AK Keizer Fire District, OR Fallon Fire Department, NV Kelowna Fire Department, BC Farmers Branch Fire Department, TX Kent Fire Department, W A Federal Way Fire Department, W A Kent Fire Qept / King Co., W A Fire Chiefs Assoc of BC Kent, W A Fire Instr. Assoc. N. Texas, TX King Co. Fire District No.2, W A FL Association of Special Districts, FL King Co. Fire Training Officers, W A Florida Fire Chiefs Association, FL King Co. FPD No. 26, W A Fort Worth Fire Department, TX King Co. Dept. of Youth Services, W A Foster City, CA King Co. FD No. 38, W A Frenchglen 2000, OR King Co. Fire District No. 13, W A Garland Fire Department, TX King Co. Fire District No. 39, W A Georgetown County, SC King Co. Fire District No. 40, W A Georgia Fire Academy, GA King Co. FPD No. 16, W A Graham Fire & Rescue, W A King Co. Training Officers Assoc., W A Grants Pass Public Safety, OR Kirkland Fire Department, W A Greensboro Fire Department, NC Kirkland, W A Gresham Fire Department, OR Kitsap Co. Fire District No.1, W A GVRD Fire Chiefs Assoc., BC Klamath County Fire District No.1, OR Henderson Fire Department, NV Kodiak Island Emerg. Services, AK Hermiston, OR La Plata Co. Fire Services, CO Hesperia Fire Protection District, CA La Vista, NE Highlands County (MGT America), FL Lake Oswego Communications, OR Hill AFB Fire Department, UT Lakewood Fire District No.2, W A Hilton Head Island Fire & Rescue, SC Langley City Fire & Rescue, BC Hoffman, Hart & Wagner, OR Lansing Fire Department, MI Holiday Retirement Corporation, OR Largo, FL Hood Co. Firefighters Association, TX Larkspur Fire District, CO Hood River Fire Department, OR Lauderdale by the SealMGT of America, FL Idaho Fire Chiefs Association Lebanon Fire District, OR Idaho State Fire School, ill Lewis Co. No. 12, W A Idaho State Fire School Bd of Directors, ill Lewiston Fire Department, ill ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Brernerton, W A 32 ~ Emergency Services Consulting inc. Linn-Benton Fire Training Council, OR Orange, CA . Littleton, CO Oregon City Fire Department, OR Longview FD!Cowlitz 2 Fire & Rescue, W A Oregon City Police Department, OR Maine Fire Chiefs Association Oregon City, OR Maple Ridge VFD, BC Orlando Ice Plex, FL Marion Co. RFPD No.1, OR Oro Valley, AZ Mason Co. Fire District No.2, W A Oxnard, CA Mason Co. Fire District No.5, W A Pacific Co. Fire District No.1, W A Massachusetts Municipal Managers Pacific County Fire District No.1, W A Maui, HI Painesville Fire Department, OR McNeil Island Correctional Facility FD, W A Palm Beach Co. Fire Rescue, FL Meridian Fire Departme~t, ill Palm Beach Purchasing Dept., FL Mesa County, CO Paradis Volunteer Fire Department, LA Metro Fire Training Center, CO Paso Robles, CA MGT of America - Wellington, FL Peachtree City Fire Department, GA Milwaukie Fire Department, OR Pendleton Fire! Ambulance, OR Milwaukie, OR Philomoth police Department, OR Monroe Co. Fire & Rescue, FL Pierce Co. Fire District No. 21, W A Monroe Co. Safety Officers, NY Pierce Co. Fire District No. 23, W A Montesano, W A Pierce Co. Fire District No. 27, W A Murray City Fire Department, UT Plainfield! Charter! Rockford, IL N Lake Tahoe FPD, NV Plainfield Fire District, IL N. CA Training Officers Association, CA PIano Fire Department, TX N. Lake Tahoe Reg. Fire Chiefs Assoc., NV Polk Co. Fire District No.1, OR Nanaimo Fire Department, BC Pompano Beach Fire! Rescue, FL National Volunteer Fire Council, W A Port Moody, BC Nevada Fire Chiefs Association, NV Port Washington Fire Department, NY New England Fire Chiefs Association Portland Fire Bureau, OR New Hanover County, NC Post Falls FPD, ill New Hanover Fire Service Adm., NC Post Falls, ill Normal! Bloomington, IL Poulsbo Fire Department, W A North Bay Fire Protection District, OR Prism Health Services, P A North Lake Tahoe Fire Prot. District, NV Prosser & Benton Co. FD No.3, W A North Lincoln Fire & Rescue, OR Pullman Fire Department, W A North Slope Borough Fire Dept., AK Puyallup Fire Department, W A North Vancouver Fire Department, BC Racine, WI North Vancouver, BC Reedy Creek, FL Northshore Fire Department, W A Region Six Training Council, W A Northshore Fire Department No. 51, W A Regional Emerg. Service LP, FL NW Association of Fire Trainers, OR Regional Fire Office Academy, OR Okanogan FPD No.6, W A Reno Civil Service Commission, NV Okeechobee, FL Reno Civil Service, NV Oldsmar, FL Renton Fire Department, W A Olympia Fire Department, W A Richardson Fire Department, TX Orange County Fire Authority, CA Richland Fire Department, W A ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City m Bremerton, W A 33 -~----- i>> Emergency Services Consulting inc. Richmond Fire Department, CA Sunriver Service District, OR Rochester Fire Department, MN Surrey Fire Department, BC Rockford, MI Tamarac, FL Rocky Mountain Fire Academy, CO Texaco Rocky Mt. Fire Academy, CO Thurston Co. No. 9,WA Rogue Interagency Training Assoc., OR Town of Manchester, CT Roseburg, OR Town of Palmer Lake, CO Roslyn Rescue HooklLadder Co. 1, NY Tri-County TO Assoc., OR Roswell Fire Department, NM Tri-Lakes Fire Protection District, CO Rudisill Guthrie, P A Truckee Meadows FPD, NV Russian River Fire District, CA Tualatin Valley Fire & Rescue, OR Saanich Fire Department~ BC Twentynine Palms Fire Dept., CA Salisbury, MD Upper Dauphin County EMS, P A San Gabriel Area Cities, CA Utah Fire & Rescue Academy, UT San Juan Co. Fire District No.4, W A Utah Fire & Rescue, UT Santa Cruz Fire Chiefs Assoc., CA Vancouver Fire Department, W A Santiam Canyon Comm. Ctr, OR Victoria Fir:e Department, BC Scappoose RFPD, OR Village of Downers Grove, IL Sedro- Woolley Fire Department, W A Village of Strudevant, WI Seminar: WSAFC, W A W A Fire Commissioners Assoc., W A Sheridan Fire District, OR W A State Firefighters Association, W A Sisters-Camp Sherman Fire Dist., OR Walla Walla Co. FD No.5, W A Snohomish Co. Fire Dist. No.1, W A Walla Walla Fire Department, W A Snohomish Co. Fire District No.8, W A Warrenton, OR South Ogden City, UT Waterville, ME Southern OR Regional Commun., OR Western Fire Chiefs Association Southwest United Fire Districts, IL Westminster, CO Sparks Fire Department, NV Whatcom Co. Fire District No.7, W A Spokane Co. Fire District No.1, W A Wheat Ridge Fire Protection Dist., CO Spokane No.4, W A Wilmington, NC Spokane Co. Fire District No.8, W A Winston-Salem Fire Department, NC Spokane Valley Fire District No. I, W A Wisconsin State Fire Chiefs Assoc., WI Spring Fire Department, TX Woodinville / King City, W A Springfield Fire & Life Safety, OR W oodinville Fire & Life, W A Springfield Fire Department, OR Woodland, W A St. Helens RFD, OR W oodmoor-Monument FPD, CO St. Paul Rodeo Association, OR Yakima Co. Fire District No.4, W A Stanfield Fire District No. 7-402, OR Yakima Fire Department, W A Stanislaus Consolidated FPD, CA Yamhill Communication Agency, OR Stayton, OR York County Communications, P A Steamboat Springs, CO Summit County, UT ESCi Proposal: Evaluation and Cooperative Effort Feasibility Study - Central Kitsap Fire & Rescue and City €If Bremerton, W A 34 ~ Emergency Services Consulting inc. II. ESCi Brochure ESCi Proposal: Evaluation and Cooperati ve Effort Feasibility Study - Central Kitsap Fire & Rescue and City of Bremerton, W A 35 ------------ DATE SUBMITTED: 11-1-05 BILL # ~(,,7 AGENDA BILL CITY OF BREMERTON 51 CITY COUNCIL ........................................................................................ SUBJECT: Interlocal Agreement between Committee Meeting Date: 11-9-05 Kitsap County and the Cities of Bremerton, COUNCIL MEETING Date: 11-16-05 Bainbridge Island, Port Orchard and Poulsbo Department: Fire to provide Emergency Management Services. Presenter: Al Duke, Fire Chief Phone: 473-5381 SUMMARY: Emergency Management started the process to review and update this interlocal :lgreement in October of 2004. The first step was to have the Civil Division of the County's Prosecutor's Office, perform a thorough review of this document. During the initial review, all "housekeeping updates occurred" which brought the Interlocal Agreement to current laws. The next step was to send the Interlocal Agreement to each Ciy's point of contact for emergency management and attorney review. The Cities reviews occurred during the months of December through April. After receiving comments from the cities, revisions were made based on those comments. ATTACHMENTS: Interlocal Agreement for Emergency Management Services FISCAL IMPACTS (Include Budgeted Amount): No new budgetary impacts APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: -- ., FISCAL/BUDGET: CONSENT AGENDA ~ OPERATIONS: COUNCIL PRESIDENT: ~ / ~ - RECOMMENDED MOTION: Move to approve th Inerlocal Agreement between Kitsap County and the Cities of Bremerton, Bainbridge Island, Port Orchard and Pou1sbo to provide Emergency Management Services. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action ---------- -- INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES WHEREAS, RCW 38.52, the Emergency Management Act, empowers local governmental entities to establish a program to deal with emergencies and specifically authorizes two or more entities to join together to establish such a program; and WHEREAS, RCW 39.34, the Interlocal Cooperation Act, encourages joint programs and cooperation between governmental entities; and WHEREAS, Kitsap County and the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo desire to join together to establish a program to manage emergencies or disasters, whether natural, technological or human-caused. NOW, THEREFORE, the parties agree as follows: Section 1. Definitions The following terms are defined as follows: a. "Cities" means the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo. b. "Council" means the Kitsap County Emergency Management Council. c. "County" means Kitsap County. d. "Director" means the Director of the Department of Emergency Management. e. "Department of Emergency Management" means the department that is responsible for performing local emergency management functions in incorporated and uninGorporated Kitsap County. f. "Emergency or disaster" means an event or set of circumstances which: (1) Demands immediate action to preserve public health, protect life, protect public property, or to provide relief to any stricken community overtaken by such occurrences, or (2) Reaches such a dimension or degree of destructiveness as to warrant the governor declaring a state of emergency pursuant to RCW 43.06.010. g. "Emergency Management" means the preparation for and carrying out of all emergency functions, other than functions for which the military forces are primarily responsible, to mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 1 victims suffering from injury or damage, resulting from disaster caused by all hazards, whether natural, technological, or human-caused, and to provide support for search and rescue operations for persons and property in distress. h. "Search and Rescue" means the acts of searching for, rescuing, recovering by means of ground, marine, or air activity any person who becomes lost, injured, or is killed while outdoors or as a result of a natural, technological or human-caused disaster, including instances involving searches for downed aircraft when ground personnel are used. Section 2. Department of Emer~ency Mana~ement Established. The Department of Emergency Management is hereby established. This department is the successor to the Emergency Management Organization of Kitsap County. The Department of Emergency Management shall be a Kitsap County department that is jointly administered and funded by the Parties to this Interlocal Agreement. Section 3. Powers and Duties of the Department of Emer~ency Mana~ement. The Department of Emergency Management shall provide emergency management services and programs to the residents of, and on behalf of, the County and the Cities. In addition, the Department of Emergency Management, pursuant to RCW 38.52.070, is designated as the local emergency management organization for the County and Cities and is vested with emergency management powers and authority to the maximum extent permitted by RCW 38.52. Section 4. Kitsap County Emer~ency Mana~ement Council Established. The Kitsap County Emergency Management Council is hereby established. This Council is the successor to the Emergency Management Organization of Kitsap County. Section 5. Control by Council. Direction, control, and oversight of the Department of Emergency Management are hereby vested in the Council unless otherwise specifically provided herein. Section 6. Composition of Council. The Council shall be composed ofthe following nine persons: G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 2 a. The three (3) county commissioners; b. The mayor, city council president and one (1) at-large council member of Bremerton; and c. The mayors of Bainbridge Island, Port Orchard, and Poulsbo. If one of the members is unable to attend a meeting of the Council, he or she may designate an alternate elected official who shall be empowered to vote and participate in and conduct the business of the Council. Section 7. Conduct of Business by Council. a. Meetings. The business and other matters that come before the Council shall be conducted during an open public meeting. Meetings may be scheduled at regular times or may be called as a special meeting on an as-needed basis. The chairperson, vice- chairperson, or the Director is authorized to call for a meeting. b. Quorum. Five (5) members ofthe Council shall constitute a quorum and business may be conducted by majority vote unless otherwise provided in this chapter. c. Bylaws. Bylaws may be passed and amended by the Council but shall require a two- thirds (2/3) favorable vote. d. Election. At the first meeting of each calendar year, the Council shall elect a chairperson and vice-chairperson. Each position shall serve for the remainder of the calendar year or until a successor is elected. e. Minutes. The Director, or designee, shall keep the minutes of all meetings. f. Rules. Council meetings shall be conducted in accordance with Robert's Rules of Order unless otherwise stated in the bylaws. g. Notice. Prior to conducting and holding special meetings, each member of the Council shall be given forty-eight (48) hours advance notice ofthe meeting and public notice shall be provided as required by state law Section 8. Appointment of Director. A Director shall be appointed to organize, administer, and manage the operations of the Department of Emergency Management on a day-to-day basis. The Council shall, by majority vote, select the Director. G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 3 Section 9. Powers and Duties of Director. The Director, or designee, shall: a. Implement the policies, procedures, programs, and directives of the Council in regard to emergency management operations. b. Make recommendations and report to the Council. c. Represent the Department of Emergency Management on behalf of the Council in dealings with the public and other outside public or private entities pertaining to emergency management and response to an emergency or disaster. d. Organize, appoint, and train volunteers and salaried employees needed to assist in the implementation of emergency management services or programs. e. Coordinate the local emergency management program(s) with State, Federal and other local programs. f. Develop an "all-hazard" Comprehensive Emergency Management Plan for the county, including polices and procedures to be utilized during an emergency or disaster. g. Develop an "all-hazard" Comprehensive Emergency Management Plan for each city, including policies and procedures to be utilized during an emergency or disaster. h. Conduct studies and surveys of hazards and the resources available to deal with an emergency or disaster. 1. Develop mutual aid agreements for reciprocal emergency management aid and assistance. J. When an emergency or disaster demands immediate action to preserve public health, protect life, protect public property, or to provide reliefto any stricken community overtaken by such occurrences, the Director may proclaim an emergency or disaster anywhere within unincorporated Kitsap County, make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such disaster; provided, however, such proclamation, and/or rules and regulations must be confirmed at the earliest practicable time by the County Board of Commissioners. k. In the event of a proclaimed emergency or disaster, obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of the life and propertY' of the people, and bind the county for the fair value thereof, and if required immediately, to commandeer the same for public use. G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 4 I 1. In the event of a proclaimed emergency or disaster, require emergency services of any county officer or employee, and in the event of a proclamation by the Govemor of the existence of a disaster, to command the aid of as many citizens for the community as he/she considers necessary in the execution of his /her duties; such person shall be entitled to all privileges, benefits and immunities as are provided by State law for registered emergency workers. m. In the event of a proclaimed emergency or disaster, execute all of the special powers conferred upon himlher by this adopted agreement pursuant thereto, all powers conferred by statute, or agreement approved by the Board of County Commissioners, or by any other lawful authority. n. In the event of a proclaimed emergency or disaster, requisition necessary personnel or material of any County department or agency. Section 10. Budget. Prior to July 31 st of each calendar year, the Director, or designee, shall submit a proposed biennium budget to the Council for its consideration and approval. The approved budget, shall then be submitted to the Board of County Commissioners for inclusion into the County's biennium budget. Section 11. Funding. The budget for the Department of Emergency Management that is not funded after receipt of grants or gifts shall be funded by assessments from the County and Cities. The assessment amount for each city shall be based upon a per capita charge. In calculating the per capita charge, the population of each city (numerator) is divided by the total population of the County (denominator) and that percentage is then multiplied by the total amount required for the following year's budget that does not include grant funding. The assessment amount for the County shall be that amount which is obtained when the population of the unincorporated portion of the County is divided by the total population of the County and that percentage is then multiplied by the budget amount that does not include grant funding. Population figures utilized shall be the latest figures available from the Bureau of Census as updated periodically by the G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 5 Washington State Office of Financial Management (OFM). Assessments shall be paid on an annual basis. Section 12. Fund Established. Moneys received and collected on behalf of the Department of Emergency Management shall be deposited in a fund known as the Kitsap County Department of Emergency Management Fund and maintained by the County Treasurer. Department of Emergency Management expenditures shall be paid from this fund. Section 13. Emergency Proclamation. Proclamation. If circumstances warrant, the Board of County Commissioners may proclaim the existence of a local emergency occurring anywhere within unincorporated Kitsap County. Provided, if circumstances are exigent, the Director, or designee, may proclaim the existence of a local emergency anywhere within unincorporated Kitsap County if there is not sufficient time for the Board of County Commissioners to meet in person or by telephone; provided further, if a proclamation of a local emergency is proclaimed by the Director, or designee, the Board of County Commissioners shall meet as soon as possible thereafter to affirm or rescind the Proclamation. Ifthecircumstances warrant, a Mayor, or designee, may proclaim the existence of a local emergency occurring anywhere within that City's jurisdictional boundaries. a. Abatement. When a proclaimed emergency or disaster has sufficiently abated, the Board of County Commissioners and/or the Mayor, or designees, depending upon which jurisdiction proclaimed the existence of a local emergency, shall proclaim an end to the emergency or disaster. b. Use of Government Resources. If an emergency or disaster has been proclaimed, the Department of Emergency Management may utilize the services, equipment, supplies, and facilities of the State and all other governmental entities organized pursuant to State law. c. Impressment of Citizens. If an emergency or disaster has been proclaimed by the Governor, the Department of Emergency Management may commandeer the service and equipment of citizens. G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 6 d. Rules and Regulations. If an emergency or disaster has been proclaimed, the Council, or designee, may make such rules and regulations necessary for the protection of life and property. Section 14. Compensation for Emergency Workers. Emergency workers or their dependents shall be compensated for injuries or death pursuant to Chapter 38.52 RCW and implementing regulations thereto. Section 15. Liability. Liability for emergency management operations shall be limited as provided by to Chapter 38.52 RCW. Section 16. Compensation Board. The Compensation Board for the Department of Emergency Management shall be composed of those individuals that would constitute a compensation board for a county pursuant to RCW 38.52.210 (1). Section 17. Duties of County. The County shall: a. Establish the salaries ofthe Director and other salaried staff ofthe Department of Emergency Management. b. Treat the Director and salaried staff of the Department of Emergency Management as County employees with respect to such matters as auditing, accounting, fringe benefits, and personnel policies. c. Represent and act on the Council's behalf in entering into contracts and Interlocal Agreements and accepting grant funds. Section 18. Agreement to be Liberally Construed. This Agreement shall be liberally construed to secure the public health, safety and welfare and the rule of strict construction shall have no application. G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 7 Section 19. Hold Harmless. To the extent not covered under Chapter 38.52 RCW, each party shall defend, indemnify and save all other parties hannless from any and all claims arising out ofthat party's negligent performance of this agreement. Section 20. Representation The Kitsap County Prosecuting Attorney's Office shall provide legal advice and act as counsel for Emergency Management. In the event that a conflict exists between Emergency Management and another client represented by the Prosecutor's Office, then the Bremerton City Attorney's Office shall provide such representation to the Department of Emergency Management; and provided further, that in the event that a conflict exists between Emergency Management and both a client represented by the Prosecutor's Office and a client represented by the Bremerton City Attorney's Office, Emergency Management may retain outside legal counsel regarding that matter only. Section 21. Term This agreement shall be of perpetual duration unless terminated as provided in Section 22. Section 22. Withdrawal. Any of the five (5) participants in this Interlocal Agreement for Emergency Management Services may withdraw by giving written notice of such to each of the other participants no later than one hundred and twenty (120) days prior to the end of a calendar year; provided, no participant may withdraw unless it is current in its monetary assessment. In the event such notice is given, the withdrawal shall be effective December 31 st of the year such notice was given. Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon as possible thereafter, to determine whether there needs to be adjustments or amendments to the Interlocal Agreement for Emergency Management Services necessitated by such withdrawal Section 23. Effective date. This agreement shall become effective and the Kitsap County Emergency Management Council and the Department of Emergency Management shall commence existence when: G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 8 -- - - ------ ------------ ------ -----_._-_._-~ ------------~ a. The County and Cities each enact a resolution or ordinance authorizing this agreement, or an agreement similar in substance to this agreement; and b. This agreement, or an agreement similar in substance to this agreement, is approved by the Director of the Washington State Emergency Management Division; and c. A fully executed copy of, this agreement is filed with the Kitsap County Auditor. Section 24. Venue. The venue for any action related to this agreement shall be in the Superior Court in and for Kitsap County, Washington. Section 25. Severability. If any portion of this agreement or its application to any person/entity or circumstance is held invalid, the remainder or application to other persons/entities or circumstance shall not be affected. Section 26. ExistinJ?; RiJ?;hts and ObliJ?;ations. Upon the effective date, the Interlocal Agreement for Emergency Management Services, entered into by the County and Cities in 1986, is hereby terminated and no longer in effect. . The rights and obligations that the Emergency Management Organization formed under the 1986 Interlocal Agreement are hereby assumed by the Emergency Management Council formed under this Agreement. G:/Emergency Management Council\Ordinances & Agreements Final lnterlocal May 2005 9 DATED this _day of 2005. KITSAP COUNTY BOARD OF COMMISSIONERS KIT SAP COUNTY, WASHINGTON Chris Endresen, Chair Jan Angel, Commissioner Patty Lent, Commissioner ATTEST: Opal Robertson, Clerk of the Board Shelley Kneip, Chief Civil Attorney G:/Emergency Management Council\Ordinances & Agreements Final lnterlocal May 2005 10 " CITY OF BAINBRIDGE ISLAND Attest: By: Darlene Korodonowy, Mayor By: Susan P. Kasper, City Clerk Approved to form: Rod P. Kaseguma, City Attorney CITY OF BREMERTON Attest: By: Daren Nygren, Council President By: Paula Johnston, City Clerk By: Cary Bozeman, Mayor Approved to form: By: Roger A. Lubovich, City Attorney CITY OF PORT ORCHARD Attest: By: Kim E. Abel, Mayor By: Carol Etgen, City Clerk Approved to form: By: CITY OF POULSBO Attest: By: Donna Jean Bruce, Mayor By: Karol Jones, City Clerk Approved to form: By: James E. Haney, Office of the City Attorney G:/Emergency Management Council\Ordinances & Agreements Final Interlocal May 2005 11 L--_______ DATE SUBMITTED: November 8, 2005 BILL # 0'; - ,~l8 AGENDA BILL CITY OF BREMERTON Sf CITY COUNCIL ............................................................................................ SUBJECT: Professional Services Committee Meeting Date: November 9, 2005 Agreement (PSA) with Parametrix for COUNCIL MEETING Date: November 16, 2005 Sediment Sampling along the Port Department: PW&U, Engineering Washington Narrows Presenter: Phil Williams Phone: 473-5315 SUMMARY: The City is considering the acquisition of the former Chevron Bulk Fuel Facility. The City is additionally considering the development of an expansion to the existing Louis Mentor Boardwalk, beginning with a connection to the existing Boardwalk, and extending north to the Chevron Property. Past practices at the Chevron Property have resulted in contamination to the soil, groundwater and possibly sediments. The extent ofthe contamination at the site, and possibly along the extended Boardwalk alignment is not known. Staff has negotiated a Professional Services Agreement with Parametrix not to exceed $55,000 to perform Sediment Characterization Sampling along the entire alignment. The purpose oftms sampling is to identify whether site contamination has extended into the beach and sub-tidal sediments adjacent to the Chevron Site or along the proposed Boardwalk alignment, to assist in Councils decision of whether to continue to pursue acquisition of the property. ATTACHMENTS: 1. Professional Services Agreement; 2. Environmental Conditions Assessment FISCAL IMPACTS (Include Budgeted Amount): This project is not included in the 2005 Parks or Public Works and Utilities Budgets. Budget adjustments are required. Funding will be from a combination of $40,000 from the Contingency Reserve Fund from the sale of the SR3 Property, and up to $15,000 from the Wastewater Fund. APPROVALS: //" " i DEPARTMENT DIRECTOR( CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: - FISCALlBUDGET: .4~~... CONSENT AGENDA~ ~~~~~O:SIDENT: ~:: .It~~ )F RECOMMENDED MOTION: Move to approve the p~etriX to provide Sediment Sampling along the Port Washington Narrows, amend the 2005 budget to authorize the expenditure including use of funds from the Contingency Reserve Fund, and authorize the Mayor to fmalize and execute the necessary contract documents for the agreement in substantially the same form as presented. COUNCIL ACTION: 0 Approve o Deny o Table o Continue o No Action ab/Agenda Bills 2005/PSA with Parametrix - Sediment Sampling I PROFESSIONAL SERVICES AGREEMENT Sediment Characterization Study The City of Bremerton ("City") and Parametrix, Inc., ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated November, 2005, including any attachments thereto, attached hereto as Attachment A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Attachment A immediately upon execution of this Agreement. The parties agree that the work described in Attachment A is to be completed as provided for in the scope of work, on a task by task basis as approved by the City; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $55,000.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. BremertonlParametrix, Inc. Beach Sewer Replacement Pre-Design Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions ofthis section shall survive the expiration or termination of this Agreement. BremertonlParametrix, Inc. Beach Sewer Refllacement Pre-Design Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub~consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. I The Consultant's Commercial General Liability insurance shall contain a clause stating I that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. BremertonlParametrix, Inc. Beach Sewer Replacement Pre-Desilm Page 3 of6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Attachment A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Attachments and Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. BremertonlParametrix. Inc. Beach Sewer Replacement Pre-Design Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H.Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Department of Public Works and Utilities Parametrix, Inc. 3027 Olympus Drive 5700 Kitsap Way, Suite 202 Bremerton, W A 98310 Bremerton, W A 98312 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 1. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant 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 for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- BremertonlParametrix, Inc. Beach Sewer Replacement Pre-DesiQ:n Page50f6 performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period oftime commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By: Cary Bozeman By: its: Mayor its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:\LEGALlContracts\FORMS\Professional Services Agreement Form (2003).doc BremertonlParametrix, Inc. Beach Sewer Replacement Pre-Design Page 60f6 ATTACHMENT A SCOPE OF WORK CITY OF BREMERTON SEDIMENT CHARACTERIZATION STUDY PROJECT OVERVIEW The purpose of this sediment characterization study is to evaluate sediment quality near the former Chevron bulk fuel depot property, and within the area of the future aquatic land lease from the Washington Department of Natural Resources that will be obtained for sewer and boardwalk improvements. The characterization will consist of collection of up to 20 surface sediment grab samples to characterize sediments relative to state Sediment Quality Standards (SQS). Task 1 Project Management Objective: Parametrix will gather available existing data from the proposed study area coordinate with the City ofBremerton. Activities: The following activities will apply: . Prepare existing data summary as a Technical Memorandum . Attend two coordination meetings with the City ofBremerton Deliverables: The following will be submitted: . Summary of existing relevant data Assumptions: Parametrix will attend two coordination meetings with the City of Bremerton. One meeting will be used to review the data summary and discuss sediment sampling. One meeting will occur to present the results of sediment study. Task 2. Sampling and Analysis Plan Preparation Objective: Parametrix will prepare a draft Sampling and Analysis Plan (SAP) that describes the approach to sediment sampling, analysis and reporting. The SAP will follow the Sediment Sampling and Analysis Plan Appendix: Guidance on the Development of Sediment Sampling and Analysis Plans Meeting the Requirements of the Sediment Management Standards (Chapter 173-204 WAC) (SAP A). Activities: The following activities will apply: . Prepare Draft Sampling and Analysis Plan . Prepare Final Sampling and Analysis Plan Deliver abIes: The following will be submitted: . Two copies of the Draft SAP for submittal to the City . Two copies of Final SAP incorporating City review comments Assumptions: The SAP will include three figures, including Vicinity Map, Concept Site Plan, and Sampling Locations. Figures will be based on existing information and no new mapping will be conducted. City of Bremerton 252-1896-813 Sediment Characterization Study 1 November 2005 Scope of Work -- ------ Task 3: Sediment Sampling Objective: Provide all labor and equipment to collect up to twenty (20) surface sediment grab samples using standard grab sampling equipment, and up to 4 subsurface intertidal grabs using hand tools. Activities: The following activities will apply: . Collect up to 20 surface grab samples from a vessel . Collect up to 4 subsurface samples from the intertidal zone adjacent to the Chevron property . Laboratory Coordination DeliverabJes: Field Notes, laboratory chain of custodies, photographs. Assumptions: Grab sampling is assumed to take two days. The sampling platform will be provided by Research Support Services as a sub-consultant to Parametrix. Grab samples will be collected using a van Veen or similar device. Puget Sound Estuary Program (PSEP) protocols will be used for grab sample acceptance criteria. Sediment sampling interval will be 0-10 cm for each subtidal sample. Task cost does not include the cost of sample analysis. Task 4. Laboratory Analysis and Data Review Objective: Coordinate all laboratory analysis of up to 25 sediment samples Activities: The following activities will apply: . Lab Coordination . Preparation of data summary table DeliverabJes: Tabulated laboratory chemistry data in appropriate electronic and hardcopy formats Assumptions: Samples will be delivered to and analyzed by Analytical Resources Incorporated in Tukwila, Washington. Sample analysis will follow those parameters identified in the SAP and listed in Table 1 of the Department of Ecology SAP A guidance document as well as conventional sediment variables. The data summary table will be in spreadsheet format and will compare data results with applicable SQS for each analyte. It is assumed that bioassay analysis will not be required. The cost assumes that 25 sediment samples (including one field duplicate) will be analyzed. Task 5. Report Objective: Prepare a summary report of the sediment sampling and analyses results. The summary report will contain all information, maps, and data required by the Sediment Management Standards, which includes the summary of the laboratory analysis data results, copies of the field data logs, a level II laboratory data review, and an interpretation of results. Activities: The following activities will apply: . Laboratory Data Validation . Prepare Draft and Final Report City oj Bremerton 252-1896-813 Sediment Characterization Study 2 November 2005 Scope C!fWork De/iverabJes: The following will be submitted: . Draft and final report Assumptions: Only one draft will be required. In addition to the written report, data will be submitted in a spreadsheet compatible with Ecology's Sediment Management Unit format for entry into the SEDQUAL database. City of Bremer IOn 252-]896-813 Sediment Characterization Study 3 November 2005 Scnpe of Work ~ ------------ ---- - ------~ ----..- ~-----' Exhibit 13 -------,~-~ '1<OJECf' e"'''"" uu' 0"'''''' Sedi""" s,"'."u, _--' cLlE~T' e.., .m'''''''"" \ .. ,. ,s., ",,,,,'c"",,,,"'\ t.~piIII~ __ '- _ -'"' .__ ~_ __ oc ~- -" ~'" "". ",",,,""~ -'~ .... ,~,," . ~.' """. "",. ~_C' " "'"" "". ,~. "", ,,, ~- .- · ,,'" ,,, c'" "'~, .' -------"1/ . ----'. --' ". --/' "" \ PIOe''^'''~.~'~.'''------''/ ___----' -----.-.. '.. 2 I; ,-- -'... -' -- _._~:;, -- -- --". ' --' ,,/"- --- ------ ". ,,, ,,-- ~- -- ,-------- --,-' ,'-- ",,, ";;,,,~,::::~"=~-'" ",,, ~<C=~;,-~Y":0" ,,:/ . ~~,-:="~===';: . - --------~-'- ." - ----," --------,-----:;,-' , . - .-,--- __-- _/--- __ _----"/'-- ,,-----' _-' "m >I.'" 3 sedl(n~~t.-.S~!.----. __------- 1 - -.. ---- ,",' .' -- --",,- .---' - ,,----- ,,-- ,,-------- ---,' -----'---- ,,,,,, " ...."'..,,""--- ,,-~---- ." ------ >----- -- --- - ", -- --' -- ",. -----' -- ----' .0:'::~-'"""-==:::::::=-'::::==: · y,.. '.:::::::.:::- '::::=- - /'---=-- '..: -:: :::=: ---- j;g; _____ ," _----/" 1-//- /' /B ../ ",,,,I .'Sl\)~ 4 .... L~bQla\O~~oa\'j~.""""- .__-----/4- ------ ----- -'--~ ---~~f~ 2 ....c:::_c..~--- .., - ,,--' -'~--- ----, ' -- ------------ - ,/ -- ".' ",~--- ," ".' _.,/-----'--- :.,.Y,=~~=::====--~- __' ,__ --'; --',;:--~~I-'=:" --~~=;~C"~E,~'~':::::: :=~" " ,...._ _____,--------------- ,,_ 1'----- --- \ \/ .'---- ,,- /,------ :':' '==-; '::::::::==-----------,/" _,/,,'-'/:---- \ ,,-- :::____ :::--:: / __,,'P' .- ---- - . ,,"", , _~."..-'" ,,,---- ,_-- ,,--"- __"----'----- _' _\" .--r . .--"-- " ,----> -- -\ -' "." ".. "'-'" ,Q .u 31 18 1 1. ~.-" ,~- ..- ,,"'. '" ......- ,. ....'" . """ i \o\a\ IUmp,,-,m l~"'" ,," -.. -------' -- ,-- ,,," _ _ _ __ _"""""''''''... ,,",""----"" ___ /_-- /.--l-- -~--" ----' - -.,. ,,-- ---//-- " - ' -- ---- ,,- --,---"-" ,,----'---- -_/ I _.._-f-- ..-.. ,- -I ~ . ..~_\ .~." ...." - --- - ..-. ".----,. ....-- - ..------- ---. -;;;;,; ~w~",.".., I~' ,,'-- ,-,,",", "",-",-" ,",",' ___L, ",,",~----" ';:- ,~ ; - ,,,,- ~~~me,~~~) ==-~\ ,'-"~ .... ----- ~ - """ "."- -- - ,,--" ," ---- - - - - - - _/ ,- -,,-- -' --- .// ,- ,,' ,.~-- ~--- - -- --- ---~ .--.- - -'- ",,- -- ' "---_._------~-~_. ,_.-"" .--::=-- --- ;::=:==-~~ --- --,. = .,,~. ~:.:::=:----==-.-.::::.;:: ".. ---. PROJEClTOTAL \ 1 ,55.00U EXHIBIT C MILESTONE SCHEDULE Notice to Proceed ............................................................................................................November 16, 2005 Sampling and Analysis Plan ......... ........ ........... .......... .................................... .................. November 19, 2005 Sample Collection ..... ........ .... ....... .............................................. ....... ......... ................November 21-28, 2005 Laboratory Analysis ................................................................................... November 28-December 9,2005 Draft Report............ ... ........ ........... ................................ ........... ............ ............ ........... ..... December 21, 2005 Final Report ...... ........... ........ ......... .... ........... ........... ............. ......... ...... ............... ......... ..... December 30, 2005 Ciry of Bremer ton 252-1896-813 Sediment Characterization Study 4 November 2005 Scope of Work - -- ----- Chevron Property Environmental Conditions Assessment Prepared for City of Bremerton 3027 Olympus Drive Bremerton, Washington 98310 Prepared by Parametrix 5700 Kitsap Way, Suite 202 Bremerton, W A 98312-2234 360-377-0014 June 2005 I 255-1896-064 elT A TION Parametrix. 2005. Chevron Property Environmental Conditions Assessment. Prepared by Parametrix, Bremerton, Washington. June 2005. . Chevron Property Environmental Conditions Assessment CilY of Bremerlon CERTIFICATION The technical material and data contained in this document were prepared under the supervision and direction of the undersigned. Approved by Bill Webb June 20051255-1896-064 Chevron Property Environmental Conditions Assessment City of Bremerton TABLE OF CONTENTS EXECUTIVE SUMMARy...................... ........ ................ .......... ................... .......... ES-1 1. INTRODUCTION .................................................... .......... .......... ........... ....... ....1-1 1.1 SCOPE......... ......... ..... ............. ..... ............ ........ ............. ............. ........ ........ ............ .1-1 1.2 OBJECTIVE........... ........... ................................. ......... ............ ......... .......... ........... .1-1 1.3 ENVIRONMENTAL LIABILITY CONSIDERATIONS .....................................1-1 1.3.1 Regulatory Framework .... ........... ........... ........... ............ .......... ......... ........... ..1-2 1.3.2 Cleanup Criteria and Extent........ ........... ....... .... ....... ............. ........... ........... ..1-2 1.3.3 Stakeholder Responsibility........ .......... .................................. .......... ............ .1-3 1.3.4 Property Value ........ ........... ............ ....... ............ .............................. ............. .1-3 1.3.5 Funding Opportunities .... .................................. ........ ....................................1-3 2. B A C KG R 0 U N D ............................................................................................... 2-1 3. SITE DESCRI PTION ....................................... .....';..... ............................ .......... .3-1 4. PREVIOUS INVESTIGATIONS AND REMEDIATION ......................................4-1 5. CURRENT SITE ENVIRONMENTAL CONDITIONS ........................................5-1 5.1 SOIL .......... .......................................... ........... .......................................... .... ........ ..5-1 5.2 GROUNDWATER ................... ........... ........... ........ ........... ........... ............ ......... .....5-1 5.3 SEDIMENT.......... ..... ....... ............... ..... ..................... .... ........ .......... ........... ....... .....5-1 5.4 PHASE-SEP ARA TED HyDROCARBONS.... ....................................... ............ ..5-2 5.5 SUMMARY OF CURRENT CONDITIONS.........................................................5-2 6. DATA GAPS ......................................... ......... .................. .......... .......... ........ ....6-1 7. CONCEPTUAL REMEDIAL ACTION AL TERNATIVES...................................7-1 8. RECOM M EN DATION S ............................................. ..................................... ..8-1 8.1 CONSIDERATIONS FOR PROPERTY ACQUISITION .....................................8-1 8.1.1 Future Use of the Property......... ........... ............ ....... .............. ........ ............ ...8-1 8.1.2 Regulatory Framework and Risk Threshold .................................................8-1 8.1.3 Project Costs and Funding Opportunities .....................................................8-] 8.2 RECOMMENDED ALTERNATIVES AND FUNDING OPTIONS....................8-1 June 2005 I 255-! 896-064 i Chevron Property Environmental Conditions Assessment City of Bremenon TABLE OF CONTENTS (CONTINUED) 9. LI M IT A TI ONS............. ................................................................ ...................... 9-1 10. REFERENCES ............................................. ..................................................10-1 LIST OF FIGURES 2-1 Historical Photograph of the Site During Operational Years with all Site Improvements in Place (1963 - 1988). ...................................................................2-1 3-1 Site Map.... ..... ....... ....................... ......... .......... ....................... .......... ........ ............ ...3-3 LIST OF TABLES 5-1 March 2003 Groundwater Sampling Resultsa ................... .....................................5-1 5-2 Phase-Separated Hydrocarbon Measurements a....... ............. ....... ........... ............ ...5-2 8-1 Alternative Cost Scenarios........... ............ ...... ..................... ......... ............. ........... ...8-2 8-2 Funding Scenario for Independent Remedial Aclion..............................................8-2 APPENDICES A Contaminated Site Development Strategy Letter B Washington Department of Natural Resources Lease C List of Reviewed Documents D Remedial Alternatives Detail II June 2005 I 255-1896-064 Chevron Property Environmental Conditions Assessment City of Bremenon ACRONYMS Agreed Order Agreed Order of Consent BTEX benzeze, toluene, ethyl benzene, and xylenes City City of Bremerton DNR Washington Department of Natural Resources Ecology Washington State Department of Ecology MLLW mean lower low water MTCA Model Toxies Control Aet SVOC semi-volatile organic compounds TPH total peteroleum hydrocarbons VCP Voluntary Cleanup Program June 2005 I 255-1896-064 III EXECUTIVE SUMMARY The City of Bremerton (City) is considering the acquisition of the former Chevron Bulk Fuel Facility located at 1310 Highland Avenue, Bremerton, Washington. This property is adjacent to Evergreen Park Phase II and is being considered for the expansion of Evergreen Park and possible integration into the Washington Avenue Sewer Replacement Project. The objective of this assessment is to assist the City in making an informed decision regarding the purchase of this property. This report summarizes findings from a historical document review, provides cost estimates for remedial alternatives, and provides recommendations for the city of Bremerton for considering the acquisition of this property. The former Chevron Bulk Fuel Facility occupies an approximately 1.5-acre site that operated as a bulk fuel terminal from approximately 1950 until it was decommissioned in 1988. Practices at the facility have resulted in contamination to soil, groundwater, and possibly sediments. Previous site remediation has removed much of the phase-separated petroleum products floating on the groundwater surface and may have reduced the mass of contaminants in soil. Gasoline, diesel, heavy oil, benzene, and lead remain in groundwater and/or soil at concentrations exceeding the Model Toxics Control Action Method A regulatory limits. Significant data gaps exist that prevent characterization of the site including a lack of recent soil and groundwater data, limited sediment data, an absence of fate and transport information or a site conceptual model, and limited monitoring poi~ts along the shoreline to evaluate contaminants the may migrate off site at the likely point of compliance. An evaluation of potential remedial alternatives was completed to assess regulatory and cost criteria for possible site cleanup. The results of this evaluation suggest that the City consider two alternatives for remediation: . Alternative 2: Point of Contact Compliant Soil Capping System with Groundwater Monitoring - The soil capping alternative provides a barrier to receptors for the upland portion of the site. This alternative does not provide containment for groundwater contaminants to migrate off-site. Institutional controls would be required to ensure protective conditions are maintained. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. This alternative offers a lower cost with a lower level of containment than Alternative 3. Estimated Cost: $681,000. . Alternative 3: Point of Contact Compliant Soil Capping System and Cutoff Wall with Groundwater Monitoring - The cap/cover plus cutoff wall alternative provides a higher degree of containment than the cap and cover alternative as it includes additional containment of the upland material along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative IS unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. This alternative offers a higher level of containment with a higher cost than Alternative 2. Estimated Cost: $1,100,000. In addition, consideration of future liability and funding considerations suggests that the City should. pursue and Agreed Order of Consent with the Washington State Department of Ecology (Ecology) to implement Alternative 2. Operating under and Agreed Order with Ecology would make the City eligible for grant funding under the Brownfields program for assessment and cleanup grants with a maximum value of $550,000 and funding from Ecology for up to 50 percent of cleanup costs. Both of these alternatives assume 20 years of monitoring and no work beyond the parcel boundaries. June 2005 1 255-1896-064 55-1 Chevron Property Environmental Conditions Assessment City of Bremerton 1. INTRODUCTION The City of Bremerton (City) is considering the acquisition of the former Chevron Bulk Fuel Facility located at 1310 Highland A venue, Bremerton, Washington. This property is adjacent to Evergreen Park Phase II and is being considered for expansion of Evergreen Park and integration into the new Bremerton Boardwalk and Washington A venue Sewer Replacement project. This report summarizes the findings of a document review performed to evaluate conditions at the Chevron Property and to provide cost estimates for possible remedial alternatives. Considerations for the City regarding acquisition of the property include future re-use of the property, potential liability, cost for acquisition and cleanup, and community value. 1.1 SCOPE As part of this task, historical documentation provided by the City of Bremerton was reviewed, cost estimates for potential cleanup scenarios were prepared and a meeting with the Washington State Department of Ecology (Ecology) was held to discuss possible technical and administrative alternatives for remediation. Other actions performed included a review of a proposed Purchase and Sale Agreement between Chevron, USA and the City of Bremerton, and sediment sampling to evaluate whether or not contamination appears in the nearshore sediments. The scope of this report does not include all criteria set for under ASTM 1527-00 or EP A AAI under 40 CFR Part 312. 1.2 OBJECTIVE The objective of this review is to assist the City in making an informed decision regarding the purchase of this propeliy by summarizing environmental conditions at the site, evaluating possible remedial alternatives and developing recommendations regarding potential cleanup liability to the City associated with acquiring this property. 1.3 ENVIRONMENTAL LIABILITY CONSIDERATIONS Chevron has provided the City of Bremerton with a proposed purchase and sale agreement for the Chevron property. Under the current purchase and sale agreement, Chevron would transfer all future environmental liabilities to the City of Bremerton. A detailed response to the liability considerations regarding hazardous materials is documented in a letter dated April 22, 2005 from Parametrix to the City of Bremerton. A copy of this response is included in Appendix A. In considering potential cleanup liability or actions that may be associated with the acquisition of the Chevron property, the City of Bremerton should understand the following: . Regulations that will define any future liability . Cleanup criteria and possible extent of cleanup . Responsibilities of all stakeholders . Appropriate property value . Options for funding a potential cleanup These considerations are described below. June 2005 I 255-1896-064 1-1 Chevron Property Environmental Conditions Assessment . City of Bremerton 1.3.1 Regulatory Framework This law governing this site is the Model Toxics Control Act (MTCA) (Chapter 70.105D RCW). According to MTCA Regulations (Chapter 173-340 WAC), the City may perform and Independent Remedial Action, enter the Voluntary Cleanup Program (VCP), negotiate an Agreed Order of Consent (Agreed Order) or take no action which may result in a possible enforcement order, each of these is discussed below: . Independent Remedial Action: Undertaken without oversight or consent from Ecology, this approach would allow for maximum control by the City but would not necessarily resolve long-term cleanup liabilities (if Ecology is not satisfied with the cleanup or if additional contamination is identified, Ecology may require a more comprehensive cleanup) nor does it provide for the oppOltunity to received cleanup funding from Ecology. . Voluntary Cleanup Program: Undertaken in cooperation with Ecology, Ecology provides oversight and review of cleanup activities with the goal being issuance of a "No Further Action" determination. Up to $200,000 of eligible cleanup cost reimbursement is available through Ecology following the determination. It may be problematic for this site to receive this determination. . Agreed Order: A negotiated agreement \Yith Ecology which defines the responsibility and extent of cleanup for a site. This approach transfers a level of control to Ecology and provides an opportunity to receive funding from Ecology at up to 50 percent of the study and remediation costs. An Agreed Order was negotiated for Evergreen Park Phase II. Ecology is currently considering whether or not that Agreed Order could be extended to this site. . No Action: The City may opt to take no action at this site. The site has been listed with Ecology. Ecology has the option to issue an enforcement order if they believe a cleanup solution cannot be achieved through negotiation or if there is an emergency. If the City takes no action and Ecology chooses to issue an enforcement order, the City has the option to perform the cleanup as directed by Ecology or take no action at which time Ecology may undertake the cleanup and recover costs from the responsible party at up to three times the actual cost of cleanup. In addition, the State Attorney General's office can fine the party in violation of an enforcement order up to $25,000 per day of violation. 1.3.2 Cleanup Criteria and Extent Any cleanup action taken at the site should be designed to limit exposure to human and sensitive environmental receptors either by physically containing the site to avoid contact or by removing sufficient contaminated material to eliminate the risk. The City has the option to negotiate both the criteria and the extent of cleanup under an Agreed Order or through the Voluntary Cleanup Program. Any Independent Remedial Action should also be based on a defensible cleanup criteria scenario. A general understanding of cleanup criteria and extent of cleanup that may be required for this site would be useful in determining which approach would best meet the needs of the City. Default cleanup criteria are available under MTCA Method A. MTCA also provides the responsible party with the option to develop risk-based criteria specific to their site. Chevron has not developed these criteria, nor is these criteria developed in this report. The default criteria are often more stringent than criteria negotiated based on site conditions or risk to human health or the environment. 1-2 June 200S I 255-1896-064 Chevron Property Environmental Conditions Assessment City of Bremerton The default extent of cleanup includes all areas impacted by the release(s) and is not limited to property boundaries or shorelines. Under an Agreed Order, the extent of cleanup would be negotiated and defined. Under the VCP, it may be possible to negotiate the extent of cleanup, but the larger site definition is generally followed. 1.3.3 Stakeholder Responsibility A clear understanding of the roles and responsibilities of each stakeholder would provide the City with additional information for negotiating both the purchase and sale of the property and assistance in negotiating and funding any potential cleanup. Stakeholders include: . Chevron currently holds responsibility for all environmental impacts. . Ecology is the regulatory agency and has access to funding for public agencies. . Washington Department of Natural Resources (DNR) owns the tidelands which may be impacted by releases from the site. A tidelands lease appears to have been rescinded by DNR, citing future use of the area, disposition of existing improvements and potential for contaminated sediments. A copy of the lease information is provided in Appendix B. . The City of Bremerton is the potential purchaser and owns adjacent property that may be impacted by releases from the site. 1.3.4 Property Value The assessed value of the property for taxing purposes is approximately $200,000. The appraisal provided by Chevron values the property at $730,000. The City should consider whether or not additional evaluation of the property value is warranted. 1.3.5 Funding Opportunities Several funding sources are available, depending on the approach identified. Funding sources for this project include: . Ecology may provide Site Study and Remediation Grants if they are involved in the remediation. . EP A Brownfields offers assessment and cleanup grants and cleanup loans. . Private Investment such as service organization contributions or foundation grants for park development. . Park development grants through the Interagency Committee for Outdoor Recreation. Evaluations of these steps related to a cleanup alternative are addressed in Section 7. June 2005 I 255.1896-064 1-3 2. BACKGROUND The Chevron Site was developed in 1946 and expanded up to 1963. It operated as a bulk fuel terminal until it was decommissioned in 1988 (Ecology 1991). By 1988, all buildings and major facilities were removed with the exception of a pier, and some of the concrete slabs and asphalt paving (GeoEngineers, 1988). Previous site remediation included active product removal and installation and operation of soil vapor extraction system. These remedial activities have removed phase-separated petroleum product floating on the groundwater surface and may have reduced overall soil contamination. However, gasoline, diesel, heavy oil-range hydrocarbons, benzene ",', and lead remain in groundwater and/or soil at concentrations exceeding MTCA Method A regulatory criteria. Figure 2-1 shows the Chevron Bulk Fuel facility during operational years. Figure 2.1 Historical Photograph of the Site During Operational Years with All Site Improvements in Place (1963 -1988). June 2005 I 255-1896-064 2-1 I 3. I SITE DESCRIPTION I The former Chevron Bulk Fuel Facility occupies an approximately 1.5 acre site located at 1310 Highland A venue, Bremerton, Washington. The site is bordered by Highland A venue to I the southwest, a privately-owned property to the south, and the Port Washington Narrows I waterway along the eastern and northern portions of the site (Figure 3-1). The site elevation is approximately 10 to 25 feet above mean sea level. The facility is divided into the upper and lower yard by a wooden and concrete bulkhead. These stmctures are not visible. The Upper Yard is located on the southern half of the property; the Lower Yard is approximately 10 feet lower in elevation than the Upper Yard and is located on the northern half of the property. There are currently no above-ground stmctures in place on the property. There is an existing concrete pad, and evidence that a soil vapor extractions system and several monitoring wells are still in place below ground. The site is vegetated with Scotch Broom, blackberries and other light vegetation, a derelict pier is located on the western portion of the site. Soil borings indicate that subsurface soils consist of silts and silty sand on top of either Vashon Till or fill material. The area beneath the Upper Yard consists of Vashon till, dense, low-permeability glacial flour. The area beneath the Lower Yard consists primarily of imported fill material. The fill is approximately 18-feet thick (Pacific Environmental Group, I 1994). Some large concrete pieces (rip rap) were encountered during soil boring advancement I near the shoreline in the Lower Yard (GeoEngineers, 1988). I I I June 2005 I 255-1896-064 3-1 I Figure 3-1. Site Map I I June 2005 I 255-1896-064 3-3 -------- I I I I 4. PREVIOUS INVESTIGATIONS AND REMEDIATION I A review of existing documentation related to environmental conditions and cleanup actions was provided by the City of Bremerton. This documentation was reviewed to compile the. I summary presented in this section. A list of all documents reviewed for this report is provided I in Appendix C. I Active environmental investigations began on the site in 1988. Chevron advanced 12 soil borings and installed monitoring wells in nine of these borings. Soil and groundwater samples were collected and analyzed for gasoline, diesel #1, diesel #2, and benzeze, toluene, ethylbenzene, and xylenes (BTEX). Sample analyses showed all areas of the site contained I petroleum hydrocarbon concentrations in excess of MTCA Method A regulatory standards, with the highest concentrations found in areas where above ground storage tanks were I historically located. Groundwater was noted to flow to the north. (Geo-Engineers, 1988). In June 1989 Chevron installed a product recovery pump to remove phase-separated hydrocarbons. This pump operated in MW-4 and MW-6 and removed approximately 25 gallons of petroleum product over a one-year period. In addition, field technicians removed approximately 22 gallons of product from wells MW-9, MW-13, MW-14 and MW-15 over a 7-month period in 1990 (Hart Crowser, 1991). Additional investigations continued until 1991, some of the initial wells were lost or destroyed and additional wells were installed. In ] 991, the Department of Ecology performed a Site Hazard Assessment for the property. Chevron representation was present during the sampling phase of this assessment to collect split samples for independent analysis. Groundwater and sediment samples collected were analyzed for semi-volatile organic compounds (SVOC), total peteroleum hydrocarbons (TPH), total lead, and benzeze, toluene, ethylbenzene, and xylenes BTEX. Because of surrogate and spike recovery issues at the laboratory and low relative percent difference between the split samples, this data is unreliable. Results of petroleum hydrocarbon levels generally suggest contamination in the range of 50 to 400 mg/kg and lead analyses showed lead levels ranging between 10 and 100 mglkg (Ecology, 1991, Hart Crowser, 1991 b). As part of the Site Hazard Assessment, Ecology estimated quantities of liquid hydrocarbons at the site to be approximately 135,000 gallons; Chevron estimated quantities of liquid hydrocarbons at the site to be approximately 8,450 to 13,550 gallons. In November 1990, Chevron installed a soil vapor extraction system (Hart Crowser, 199Ic). This system ran until 1994 at which time the recovery rates leveled off and were too low to justify the cost of continued operation. It is estimated that approximately 195,000 pounds of hydrocarbons were removed using this technology (Emcon, 1998). I In 1994, Chevron performed an air sparging pilot test at the site which indicated that air sparging technology would work at the site. No actions were taken as a result of this test. I Quarterly monitoring of groundwater at selected wells continued through 1997 and semi- annual monitoring continued until March 2003. Following cessation of the soil vapor I extraction system operations in 1994, no trend showing a reduction in concentrations of I gasoline, diesel or BTEX has been observed. During initial site investigations (1988-1990), phase-separated hydrocarbons were measured I in a number of monitoring wells with thicknesses up to 4 feet. Since cessation of product I recovery, the presence of phase-separated hydrocarbons is reported to be intermittent, with measured thicknesses of less than 3/4 inch. I I June 2005 I 255-1896-064 4-1 I I ---------- Two water-bearing units are reported to be present on the site; however, they do not appear to be distinct. (PEG, 1994). Groundwater very near the Port Washington Narrows may be tidally influenced (GeoEngineers, 1988); however, wells further inland do not appear to show tidal fluctuation (Ecology, 199]). No studies of tidal influences on groundwater, beyond an incidental observation, were found in the data. 4-2 June 20051 255-1896-064 ~----- 5. CURRENT SITE ENVIRONMENTAL CONDITIONS This section presents a summary of current site environmental conditions based on a review of documentation provided by the City. With the exception of three sediment samples collected, no investigations were performed in support of this report. The information related to soil, groundwater, sediment and phase-separated hydrocarbons presented below is collected from previous investigations. The most recent data rep0l1ed was collected in 2003 and would not meet the standard for ASTM-1527 or prospective purchaser under EPA 40CFR Part 312. 5.1 SOIL Very little is known about current soil conditions at the site. No soil investigations were performed following the remediation actions taken in the early nineties. Prior to remediation activities, gasoline and diesel were detected in the soil at 100-200 times MTCA Method A regulations and BTEX concentrations were detected in the soil at up to 40 times MTCA Method A regulations (Ecology 1991). The vapor extraction system installed in 1991 and operated until 1994 is reported to have removed 195,000 pounds of hydrocarbons from the site. It is anticipated that concentrations in the soil today would be reduced in comparison to the results of initial sampling. 5.2 GROUNDWATER The most recent groundwater data was coUected by Chevron in March 2003. Groundwater samples were collected from six wells, the results of these analyses are presented in Table 5-1. Table 5-1. March 2003 Groundwater Sampling Resultsa Contaminant Diesel (ug/L) Oil (ug/L) Gasoline (ug/L) Benzene (ug/L) MTCA Method A: 500 500 800 5 MW-6 4,400 4,100 1,200 39 MW-9 6,300 2,400 8,200 550 MW-18 80,000 <10,000 810 ND MW-21 970 NO 6,500 NO MW-22 1,500 500 100 0.89 MW-23 270 NO NO NO a (Gettler-Ryan, 2003) 5.3 SEDIMENT Ecology and Chevron collected sediment samples in 1991; however, the results were rejected due to data quality issues. No other sediment evaluations were identified in any of the documentation reviewed. Three composite sediment samples were collected as part of this assessment on April 26, 2005. The samples were analyzed for gasoline, diesel and heavy oil. No contaminants were detected in any of the samples. The samples were collected from an area west of the existing pier where staining was noted in 1991, at a location approximately ten feet east of the end of the shoreward portion of the derelict pier and at the southern boundary of the property line 72 feet from the bulkhead. During the sampling effort no June 2005 I 255-1896-064 5-1 ---------- discharges onto the beach were observed and no sheen, odor or obvious staining was noted (Parametrix, 2005). 5.4 PHASE-SEP ARA TED HYDROCARBONS Phase-separated hydrocarbons were observed in some wells during the 2003 groundwater sampling event. Table 5-2provides a summary of free product observations. Table 5-2. Phase-Separated Hydrocarbon Measurementsa Historic (1988-2002) Current (2003) Sheen or measurable product 11 of 17 wells 3 of 17 wells during at least one observation Maximum Product Thickness 4 feet Less than % inch. Recovery Activities Active pump system installed, Recovery not practical. bailers used during sampling events. aGettler-Ryan, 2003 5.5 SUMMARY OF CURRENT CONDITIONS Groundwater currently exceeds MTCA Method A regulatory criteria. Soil conditions are not known but historically have exceeded MTCA Method A regulatory criteria. Historical sediment data shows contamination, but recent sampling did not show contamination. All of the data presented in this section is limited by the data gaps discussed in Section 6. Additional characterization may be required depending on the selected approach. 5-2 June 20051 255-1896-064 6. DATA GAPS Based on information reviewed, several data gaps were identified that may affect a prospective purchasers future cleanup liability. This means that Ecology could require additional sampling prior to negotiating cleanup criteria and extent or the City may elect to perform some additional sampling to better understand conditions prior to deciding on a regulatory approach. While we believe that sufficient data exists to prepare cost estimates of potential property liability, these factors do create some level of uncertainty. Data gaps include: I . No data since 2003: Two year old data does not meet the standard for AAI under 40 CFR, Part 312 or the guidelines set forth under ASTM 1527-00 that may affect a prospective purchaser's future cleanup liability. It is not known if site conditions have changed since 2003. . Absence of fate and transport information: No data exists to establish trends in natural attenuation processes. While considerable chemical data is present, no determination of natural degradation processe~, (methagenesis, sulfate/iron reduction, etc.) and no mobility modeling has been performed. . No Site Conceptual Model Exists: No site conceptual model has been developed for this site. A site conceptual model may be recommended or required to develop risk-based cleanup criteria . Limited coverage for monitoring points: Several of the wells located along the edge of the property have been damaged or lost and no data is available for these locations. Without adequate coverage for sentinel wells, the levels of contaminants that may be migrating off the property is not known. . Unknown soil conditions: Site soil data were collected prior to the implementation of any remedial actions. Current soil conditions are not known and the volume of continuing source material that may remain at levels exceeding MTCA regulations cannot be evaluated. . Sediment data is indicative rather than definitive: Sediment data is sparse, limited in quantity with no off-shore data collected. Three samples were collected as part of this assessment and indicated that no hydrocarbon contamination was present. Ecology of the Washington Department of Natural Resources may require additional characterization to demonstrate that impacts are not present in the off-shore environment. . Impacts to adjacent properties are unknown: Contaminants from this site may have migrated off-site to an adjacent property. Potentially-impacted properties are owned by the City of Bremerton, Washington Department of Natural Resources and privately-owned parcels to the north. Consideration of the terms of the purchase and sale agreement should include a discussion of the potential liability from these adjacent properties. The lack of information regarding current soil conditions, sediment conditions, and lack of recent groundwater data or adequate coverage for monitoring wens present the most significant unknowns for this site. Additionally, the lack of a site conceptual model may make it difficult for the City to negotiate less restrictive cleanup criteria. Future actions to address these unknowns are impacted by the stakeholder responsibilities and regulatory scenario selected for this property as discussed below: June 2005 I 255-1896-064 6-1 . Under any scenario Ecology may mandate or the City may elect to install additional monitoring wells to evaluate groundwater conditions at the property and to collect a baseline set of groundwater data from selected wells. This would mitigate the data gaps related to a lack of recent data and limited coverage for monitoring points. . Under an Agreed Order, the level and extent of any cleanup would be negotiated and defined and Ecology would identify any additional investigation requirements. This would help to mitigate the liability associated with impacts to DNR properties and the possibility of a future enforcement order from Ecology. In addition, collection of fate and transport information or the development of site conceptual model would likely not be required. This may also eliminate the need to collect additional soil or sediment data. . Through the VCP the City would likely be required to collect additional soil, and sediment data to develop a cleanup action plan. This would resolve the data gaps related to unknown soil and sediment conditions. . Under a "no action" or Independent Cleanup scenario the City may additionally elect to install borings to evaluate current site soil conditions and to consider future liability as unidentified source areas may exist. This would resolve the data gap related to unknown soil conditions. . Under an Agreed Order or the VCP, additional sampling of soil, groundwater and sediment data would provide a basis for the City to negotiate risk-based cleanup criteria which may be less restrictive. This would resolve the data gaps related to unknown soil and sediment conditions. 6-2 Jllne 20051 255-1896-064 I 7. CONCEPTUAL REMEDIAL ACTION ALTERNATIVES I Several remedial alternatives were developed to assess potential cleanup costs for the site. The remedial alternatives evaluated range from no action with monitoring (low cost, low effectiveness) to significant excavation (high cost, high effectiveness). A list of remediation options was considered in developing the remedial alternatives. These options are listed below. Groundwater The following remedial options were used in developing alternatives for groundwater remediation: . Monitoring/Natural Attenuation (20 year duration) - Monitor six wells semi-annually for 10 years, annually for 10 additional years. . Dewatering - Maintain groundwater levees below the existing hydrocarbon "smear" zone to aid removal of residual free product, reduce potential for migration of contaminants in soil, and possibly enhance natural attenuation processes. Soil The following remedial options were used in developing alternatives for soil remediation: . Cap and Cover. Install cap consisting of a geocomposite clay liner and clean soil cover layer. . Cutoff Wall. Contain site groundwater with an oil-resistant geomembrane or sheet pile wall. . Soil Excavation - Excavation and offsite disposal of contaminated soil. This option I is included for completeness to provide an upper bound remediation cost. An in-situ remedial alternative, Oxygen Releasing Compound, was considered but it was determined that this site is not a good candidate for this type of remediation due to the presence of free product in some wells and soil conditions. Sediment The following remedial options were used in developing alternatives for sediment remediation: . Sediment Removal - Excavation of a 3-foot layer of sediment located between the toe of the shoreline bank and the mean lower low water (MLL W) line. Sediment would be excavated in the dry during low tides and disposed of off-site in a Subtitle D landfill. This estimate is based on an assumed volume of 3,000 cubic yards. . Sediment Capping - Placement of an oil-resistant geomembrane and 3 feet of cobbly pit run fill over sediment located between the toe of the shoreline bank and the extreme low water line. Exact dimensions are unknown, and a 50xl00 foot impacted area was estimated for purposes of estimated costs. The remedial alternatives presented below were developed from these options. Details and estimated line item costs associated with these alternatives are provided in Appendix D. (l) Monitoring with no active remediation or institutional controls such as deed restrictions. June 2005 I 255-1896-064 7-1 --~ (2) Point of contact compliant soil capping system with monitoring and institutional controls such as deed restrictions. (3) Point of contact compliant soil capping system and cutoff wall with monitoring and institutional controls such as deed restrictions. I (4) Cutoff wall and dewatering with monitoring and institutional controls such as deed I restrictions. I (5) Point of contact compliant soil capping system, cutoff wall and dewatering with monitoring and institutional controls such as deed restrictions. I I (6) Cutoff wall and soil excavation with limited monitoring. I Each of the upland alternatives were evaluated for effectiveness/risk reduction, implementability, and cost. The scoring analysis used to evaluate the alternatives is presented I in Table 8-1. The alternatives which presented the highest value based on these evaluation criteria are summarized below. . Alternative 2: Cap and Cover with Monitoring - The cap and cover alternative provides a barrier to receptors for the upland portion of the site but does not provide containment for groundwater or soil contaminants to migrate off-site along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is. unlikely to substantially reduce petroleum hydrocarbon or lead concentrations. in soil or groundwater to below regulatory limits. The preliminary estimate for implementing the cap and cover alternative is $680,000 which includes 20 years of groundwater monitoring. This alternative offers a lower cost with a lower level of containment than Alternative 3. I . Alternative 3: Cap, Cover and Cutoff Wall with Monitoring - The cap/cover I I I plus cutoff wall alternative would provide a higher degree of containment than the I cap and cover alternative as it includes additional containment of the upland material along the shoreline. Institutional controls would be required to protect against exposure to subsurface contaminants. This alternative is unlikely to substantially reduce petroleum hydrocarbon or lead concentrations in soil or groundwater to below regulatory limits. The preliminary estimate for implementing the cap/cover plus cutoff wall alternative is $1,100,000, which includes 20 years of groundwater monitoring. This alternative offers a higher level of containment with a higher cost than Alternative 2. Sediment remediation, if required, is estimated to cost an additional $300,000. Please note these cost estimates are based on the limited site data currently available. Actual remedial action construction costs can be anticipated to be within -30 percent to +50 percent of the costs indicated in Appendix D. I I I 7-2 June 20051 255-1896-064 I ~-- ~ I 8. RECOMMENDATIONS 8.1 CONSIDERATIONS FOR PROPERTY ACQUISITION Prior to acquiring the Chevron property, the City of Bremerton should consider several factors that may impact the decision whether or not to purchase the property and the terms of a purchase and sale agreement. 8.1.1 Future Use of the Property This property is an excellent candidate for future development as a park. If a capping alternative is selected, the cap could consist of soil and grass, or other appropriate vegetation and would be eligible for cleanup grant funding. Future property re-use that would potentially require disturbance of contaminated soils maybe problematic nnless a soil excavation alternative is selected due to institutional controls placed at the site under any other alternative. 8.1.2 Regulatory Framework and Risk Threshold Any regulatory approach which involves the Department of Ecology has implications both in regards to liability, and funding. The City should consider the level of risk, benefits to the environment and community, and funding strategy as some approaches provide an opportunity for liability reduction, lowered risk to human health and the environment and an opportunity to pursue State or Federal funding and others do not. 8.1.3 Project Costs and Funding Opportunities The overall costs to the City for the project should be considered. These would include the sale price of the property, the cost for cleanup or potential costs for no action, the costs for construction if the property will be re-used, the parameters surrounding funding opportunities and the overall value to the City. 8.2 RECOMMENDED ALTERNATIVES AND FUNDING OPTIONS Based on the cleanup cost estimates presented in Section 7 and the considerations identified in Sections 1.3 and 8.1, different programs should be considered during the redevelopment of this property. While no guarantee exists regarding either Ecology requirements for remedial action or grant receipt, a reasonable scenario would assume the selection of either Alternative 2 or 3 and a high probability of both Ecology cost match and Brownfields Grant funding. Sediment issues appear to be negligible however, sediment data is very limited and additional characterization and/or remediation of sediments is possible. For purposes of this report, it is assumed that Alternatives 2 or 3 would be selected and that no sediment cleanup would be required. Options for selecting a cleanup program based on this would include: . Agreed Order: Under this scenario the City could recover up to 50 percent of cleanup costs from Ecology. In addition, Brownfields Grants could be used to defray City expenses. Benefits of this approach include greater access to funding sources as well as lower long term liability to the City. Risks associated with this alternative include no guarantee of funding, higher project costs, and the probability that a more rigorous cleanup alternative (Alternative 3) would be required. Two cost scenarios were evaluated. They are presented in Table 8-1 June 2005 I 255-1896-064 8-1 --- ------ Table 8-1. Alternative Cost Scenarios Alternative 2 Alternative 3 Total Cost $681,000 $1,094,000 Ecology Share (50% match, up to) $340,000 $547,000 Brownfields Assessment Grant (no match, up to) $200,000 $200,000 Brownfields Cleanup Grant (20% match, up to) $350,000 $350,000 City Match or Cleanup Grant (maximum) $70,000 $70,000 . Independent Remedial Action: This approach is regulated by WAC 173-340-151. Under this scenario the City would act independently of Ecology, conduct remedial action, submit a report to Ecology, and await response. Benefits of this approach include City control over selection of an alternative and lower overall project costs. This would create less financial risk to the City if no cost recovery occurred. The limitations of this approach include no possibility of obtaining funding from Ecology, a lower probability of obtaining Brownfields Grants and increased long term liability to the City. It should be noted that (based on over 15 years of inaction) enforcement action at this site is highly unlikely as long as the City makes a good faith effort to improve current conditions. This does not prevent future enforcement action however. Should the independent cleanup action be selected, a cost scenario for Alternative 2 is shown in Table 8-2 (cap and cover would be selected by the City based on cost). Table 8-2. Funding Scenario for Independent Remedial Action Total Dollars Total Cost $681,000 Brownfields Cleanup (20% match, up to) $350,000 City Match $70,000 Based on this analysis and assuming that sediments are not an issue, we recommend that the City proceed with an Agreed Order strategy. Negotiation of the Agreed Order would likely involve the implementation of a remediation approach similar to Alternatives 2 or 3. Additional sediment characterization may be required as part of this Agreed Order. However, this approach is still the best value to the City based on two factors: . Probability of grant funding for cost recovery. . Reduction of long-term liability. 8-2 J Line 2005/ 255-1896-064 9. LIMITATIONS The potential for environmental liability associated with the release or threatened release of hazardous substances, and compliance with federal and state environmental laws, has become a major concern with many public agencies and private companies considering property transaction. Federal and state regulations do not specify the amount of effort necessary to determine environmental status of real propelty. However, if brought to litigation, the court will consider specialized knowledge or experience of the defendant, the relationship of the purchase price to the value of the property, and the ability to detect such contamination by appropriate inspection. Parametrix performed this assessment with a limited amount of historical data. Judgments leading to conclusions and recommendations are made generally, with an incomplete knowledge of the subsurface and former conditions applicable to the site and adjacent properties. The assessment contained in this report is subjective, qualitative and based mainly on the professional judgment of the Parametrix staff after review and consideration of available information. Because site activities and regulations beyond our control could change at any time after the completion of our observations, findings, and opinions can be considered valid only as of the date of this report. June 2005 I 255-1896-064 9.1 10. REFERENCES Ecology, 1991 : Site Hazard Assessment Summary Report for Chevron Tank Farm, Bremerton, Washington, July 1991, Washington Department of Ecology (49) Hart Crowser, 1989: Letter Summarizing Work Accomplished GT!, 1995: Letter to Rene White RE: Former Chevron Bulk Terminal - Bremerton, Washington Site Remediation Plans, Groundwater Technology, July 13, 1995 Gettler-Ryan, 2003: Groundwater Monitoring and Sampling Report, Event of March 7, 2003, Gettler-Ryan, Inc., April 16, 2003 (22) Pacific Environmental Group, 1994: Supplemental Environmental Site Assessment Decommissioned Chevron Bulk Terminal No. 61001351, 1310 Highland Avenue, Bremerton, Washington, Pacific Environmental Group, Inc., March 10, 1994. Hart Crowser, 1991: Status Report Interim Remedial Action Vapor Extraction System Chevron Former Bulk Terminal, Bremerton, Washington, Hart Crowser, December 16, 1991. Bmcon, 1995: Letter Report, Fourth Quarter (September 22 to December 19, 1994) Vapor Extraction System Monitoring, Former Chevron Bulk Fuel Facility 61001351, 1310 Highland Avenue, Bremerton, Washington, Emcon Northwest, Inc. January 13,1995. Parametrix,2005: Technical Memorandum: Sediment Sampling Results, Former Chevron Property, 1310 Highland Avenue, Bremerton, Washington, Parametrix. May 10,2005. June 2005 I 255-1896-064 10-1 APPENDIX A Contaminated Site Development Strategy Letter APPENDIX B Washington Department of Natural Resources Lease APPENDIX C List of Reviewed Documents I APPENDIX D Remedial Alternatives Detail I - --------------- DATE SUBMITTED: 10-27-05 BILL # OS ~Ji<.1 AGENDA BILL CITY OF BREMERTON roA CITY COUNCIL ............................................................................................ SUBJECT: Public Hearing on Revenue Committee Meeting Date: 11-09-05 Sources for FY2006 Budget Including COUNCIL MEETING Date: 11-16-05 Ordinance No.~ re:Property tax levy for Department: Financial Services collection in 2006 Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The City's property taxes are levied on an annual basis through passage of an ordinance. The proposed ordinance will implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as a bond redemption levy at a rate adequate to provide funds necessary to meet debt service obligations ATTACHMENTS: Ordinance FISCAL IMPACTS (Include Budgeted Amount): The proposed 2006 budget anticipates property tax revenues based on this action. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: "" , FISCALIBUDGET: CONSE~ OPERATIONS: COUNCIL PRESIDENT: ~ pV\A- I\~~ RECOMMENDED MOTION: Move to approve Ordinance No. 4q 53 levying property taxes for collection in 2006. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action . ORDINANCE NO. 4953 AN ORDINANCE of the City Council of the City of Bremerton, Washington, establishing the amount to be collected in 2006 by taxation on the assessed valuation of taxable property within the City limits of Bremerton and setting the property levy rate. WHEREAS, the City Council of the City of Bremerton attest that the population of the City of Bremerton for 2005 is 37,520; and WHEREAS, the City Council of the City of Bremerton has properly given notice of the public hearing held on November 16,2005, to consider the City's revenue sources for the City's General Fund budget; and WHEREAS, the City Council of the City of Bremerton after hearing and duly considering all relevant evidence and testimony presented, has determined that the City of Bremerton requires a regular levy and EMS levy in the maxim~m amounts allowable, which includes an increase in property tax revenue from the previous year, and amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property and all allowable levies, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the City and in its best interest; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. That an increase in the regular property tax levy is hereby authorized for the 2006 levy in the amount of$52,755, which is a percentage increase of 1.0% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value or state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 2. That an increase in the EMS property tax levy is hereby authorized for the 2006 levy in the amount of $8,735, which is a percentage increase of 1.0% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value or state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. SECTION 3. That a property tax levy for debt redemption of the 2002 Public Safety UTGO Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2006 at a rate sufficient to provide $900,531 needed to meet debt service obligations in 2006. 1 2006 Taxes .. SECTION 4. That a property tax levy for debt redemption of the 1997 UTGO Fire Refunded Bonds, as previously authorized by the voters, is hereby authorized to levy property taxes to be collected in 2006 at a rate sufficient to provide $153,450 needed to meet debt service obligations in 2006. SECTION 5. Severability. If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion ofthis Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2005 DAREN NYGREN, Council President Approved this day of ,2005 . CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2005 EFFECTNE the day of ,2005 ORDINANCE NO. R:\LEGAL\Ordinances\Finance\2006 Property Taxes.ord.doc 2 2006 Taxes CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT i~ (,~ p{)f)fYf3n3~Wtlqg~ IJfAJI 'eX e~1S \ ~ /1 II .11 ! 1ki cJJ4~ 1 / -J i, l, / /' .' // LI '.. ---------- . JII'IJI' . !>'.. .,,, ):;. \:?~~ :'.ol REAL ESTATE INVESTMENT SERVICES ~. THE M.S. CAVOAD Co. ,,- INCORPORATED . November 16, 22005 Bremerton City Council 239 4th Street Br~erton,VVA 98337 Ref: 35 foot height restriction in MR zone on the waterside ofVVashington Avenue and view corridors Dear Council Members, My architects met with City Staff on Monday and with your current interpretation of your Zoning Code, you have made all sites along VVashington Avenue economically unfeasible to build. The result of the current Zoning Code would be buildings no more than 2 stories above VVashington Avenue and in some cases, only 1 story above VVashington Avenue. VVith parking normally underneath buildings and the view corridor, it means on your average 50 ft. lot, you will have a duplex, at most. There is no incentive for a developer to build duplexes. Current house prices along VVashington Avenue have risen dramatically in the last year. The only projects that will be feasible will be significantly higher density developments. If the rundown houses along VVashington Avenue are ever to disappear, there needs to be a zoning code that encourages development. Sincerely, f ~ ;lg i~li ~ M rk oldberg President MBO: tt . 4739 University Way Northeast, Suite 1607 (206) 524-4846 Seattle, Washington 98105 Fax (206) 524.2927 . 06~0 401 425 C,-S ~ . HITI':: \ ARC ,- \ - "dU' \ \ i \ i " . I 1. \' \ i ~ ;~ '. ~ . . , C 7\, r \ .~ \ ' 'i \ \1\ . .~ ~ ~. : ., : \ " ; , \ ~". .. . \ " -it- - . ~~~ '\\ !!-,';l;o' ~;: ~ \ 0-.", !'. .. n ~~(') ""'~y; ..J:>(/l~ ~~O ------ "5 - -- Q - - .... .. ".-.-' ' - 0 i ~ ~ ~g =UJ E Co 'lIO i !fV:C- (,)~< I .~ <~ ~~ ~ :: ~ . <I::::: - ...__. M ----- ~~~ . .- I .- \ , '....-t'.. ,I i . \-. \) " ~ ," - -- K ~ .~ ~ ~ - ~ - ~ t :;) 1: ~ - \f) ; ~ wI ~. :. "'~: .:" I ~~ "f.l'-- ~ . I -.-...., . . .~ z:a"d 0Z:510 lat> so;::t> SJ.03J.IHO<!:lt:l t:lSJ. Wd sz::sa sa0Z-51I-^ON