HomeMy WebLinkAbout02/15/2006 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
FEBRUARY 15, 2006
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONfEFtENCE ROOf\!1 (,03
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS - "A Call to Citizens... "
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-031)
B. Minutes of Meeting - February 8,2006 (#AB06-032)
C. Professional Services Agreement with TWIss ANALYTICAL LABORATORIES (#AB06-033)
D. Release of Utility Easement established by Ordinance 2082 (#AB06-034)
E. Budget Adjustment for Reassignment of the Fire Chief and Director of Financial Services
to Pay Band 22 on the Management Salary Plan (#AB06-035) ,
6. GENERAL BUSINESS - There are no GENERAL BUSINESS items this week...
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
II 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.
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A Before
This barren
little plot was the least attractive
yard on the block. It also held a
lawsuit waiting to happen, with
a dangerous drop-off between the
front walk and a deeply recessed
driveway.
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The homeowner designed and built the
fence, stepping the 3-foot-high segments to
accommodate the sloping street. (A single,
4-foot-high section encloses the porch.)
Spanish lavender, planted along the sidewalk,
softens the fence and adds a unifying element
to the boisterous cottage garden within. Fra-
grant, deep purple flower spikes appear in spring
and early summer over gray-green foliage.
... A curving flagstone path,
dotted with Corsican mint, leads
to the front door. On the way, it
threads through a cottage garden
filled with low-maintenance
winners such as New Zealand flax,
sedge, sunrose, thyme, and 'Amy'
and 'Autumn Glory' hebe.
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Two more fence softeners
stand on the left side of the
garden: Gold-and-green-Ieaved
variegated potato vine bears
white flowers throughout the'
growing season. Senecio greyi
offers gray-green foliage and .
a profusion of yellow summer
daisies.
"After
Like the Ugly Duckling, the place has been transformed.
The neighborhood eyesore has become one of its most charming entry gardens.
. All it took was some clever plant selection, a new flagstone entry path, and
"
a homemade lattice fence that runs along the sidewalk and driveway.
65
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
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BILL# {Xp-03/
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~A
.......................................................................................,
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
;Z -[ 5"'-D &
Financial Services
Cathy Johnson
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERA nONS:
COUNCIL PRESIDENT: Z:;:~1~~~4
RECOMMENDED MOTION: Move to approve:
o
1) Check#'s 30s9f~-3o ~ /:21
[ CONSENT AGENDA 1211
EFT's ~'6,z", - ~'-- 'C-'83! P
?~:~d -_ Q -
2) Regular Payroll for ! -:- 3/ -() ((? .
$ /))7 D; If:2. 7, ;;C~
$ (PJ>7j )73- / /
3) Retiree Payroll for
$
COUNcn, ACTION: ~rovc
o Deny
o Table
o Continue 0 No Action
DATE SUBMITTED:
116 BILL # O~ -00 3;t..
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
......................'..................................................................
SUBJECT: Minutes of Meeting - ,;J/B/Oe)
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
c;2 II S' /0 (0
City Council
Cecil McConnell,
Council President
(360) 473-5280.
Phone:
SUMMARY:
Attached are the meeting minutes for the Council Meeting held f~o..ry e I z.oo~.
A TT ACHMENTS: Meeting Minutes for ftbV\A.O..X'1 9 i '2,..00 Co.
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERA nONS:
C01JNCIL PRESIDENT:
I ----,
, CONSENT AGENDA [SJ I
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RECOMMENDED ~IOTION: Move to pass the CONSENT AGENDA as presented.
COUNCIL ACTION: (2) Approve 0 Deny [J Table
n CCHltinue f'J No A;;tion
t....._-.J ~ L_
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 8, 2006
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, February 8, 2006, at 5:30 PM, with Council President Cecil McConnell presiding.
Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Mike
Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. Also present were City Attorney Roger
Lubovich, City Clerk Paula Johnston, and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad GehrinQ, followed by the invocation
provided by Pastor ROQer HenniQan of Apostolic Life Tabernacle.
President McConnell announced the following:
· A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 PM; and
· Citizens were informed that they could receive information on upcoming Council meetings on the/
City's website at www.ci.bremerton.wa.us; or by calling the Council Office at (360) 473-5280..
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS - "A Call to Citizens... J1
Helen Miller asked when and where the next District 3 Community Meeting would be held. Adam
Brockus answered that the next District 3 Meeting would be held on February 28. Ms. Miller also
read a letter for the record outlining her concerns over proposed building height, bulk, and scale
guidelines in the Highland and Pleasant Avenue neighborhoods, and asked Council Members to
provide guidance to Community Development staff regarding building standards.
Curtis LendinQ also provided a letter for the record and was concerned that raising building height
limits would actually lessen home ownership, lower property value, and detract from the single family
residential nature of the neighborhood.
CONSENT AGENDA
A. Check Numbers 305764 through 305763; and EFT-8825 through EFT-8830; EFT-8832 through
EFT-8840; and 8831 P in the amount of $861,047.51 (#AB06-028)
B. Minutes of Meeting - February 1,2006 (#AB06-029)
There were no comments from the public.
5:38:02 M/S/C/U (Priest/Brockus) Move to approve the Consent Agenda as presented.
5A - PURCHASE AND SALE AGREEMENT BETWEEN THE CITY OF BREMERTON AND HOTEL
CONCEPTS, INC. FOR THE SALE OF OLD CITY HALL AT 239 4TH STREET, BREMERTON
(#AB06-030): Gary Sexton, Redevelopment Projects Administrator, recommended that the City sell
old City Hall located at 239 4th Street to HOTEL CONCEPTS, INC. for the total purchase price of
$930,000, including earnest money, payable on closing. With the understanding that time is of the
essence for this agreement, this sale shall be closed by January 31, 2007 or sooner.
Mayor Bozeman offered his support for the sale of old City Hall, and indicated that the negotiations
had been difficult but did address relocation of the utilities. "'
John Hoffman asked if there are any plans to relocate the Bremer Memorial that is currently located
on the property. Mr. Sexton answered that the memorials may be relocated to other locations such
as the Government Center or future Maritime Park.
City Council Reg. Mtg. Minutes
Wednesday, February 8, 2006
Page 2 of 2
Mr. Brockus believed that due to having a prior conversation with the hotel owner, he should abstain
from voting on this item. Mr. Lubovich responded that this is not a quasi-judicial matter; therefore
the previous conversation with the hotel owner would not prevent him from voting on this item.
Mr. Wofford asked what other options are available to the City if the buyers do not complete the
transaction by January 2007. Mr. Sexton stated that the agreement could be continued or
terminated at that time.
Mr. Shepherd offered his support for the agreement, and asked what clientele would use this hotel.
Mr. Sexton responded that the hotel would appeal to families, and those interested in longer term
stays, such as the Navy.
Mr. Maupin asked how many rooms would be needed to meet the current demand. Mr. Sexton
answered that the Conference Center needs requires rooms ranging from family friendly to higher
end to meet the current demand and this second hotel would provide more rooms to families.
Mrs. Priest commented that the property would be better used by a mixed-use development given
the water view and believed that an extended stay hotel should be located just outside downtown.
5:53:41 M/S/C (Arends/Robinson) Move to approve the Real Estate Purchase and Sale Agreement
with Earnest Money Provision between the City of Bremerton AND HOTEL CONCEPTS, INC. for the sale
of old City Hall located at 239 4th Street for the purchase price of $930,000, including earnest money,
and authorize the Mayor to execute the agreement in substantially the same form as presented.
Voted in favor of the motion: Shepherd, Robinson, Arends, Maupin, Wofford, Gehring, McConnell
Voted against the motion: Priest
Abstained: Brockus
Motion carried: 7-Yes; 1-No-1-Abstention
With no further business, the meeting of the City Council was adjourned at 5:55 PM. The Council
reconvened in Conference Room 603 for a STUDY SESSION to hear presentations on upcoming items.
Prepared and Submitted by:
CHRISTINE GRENIER
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
Cecil McConnell, City Council President
CM/PJ/ls/cge
DATE SUBMITTED: 1-30-06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Itt~00-033
5'-
.................................................................,...........................
SUBJECT: Proferssional services
agreement with Twiss Analytical
Laboratories
Committee Meeting Date:' 2-8-06
COUNCIL MEETING Date: 2-15-06
Department: Public Works &
Utilities
Presenter: Kathleen Cahall t~1~
Phone: 473-2315
SUMMARY: The Water Utility has strict regulatory requirements for sampling and analyzing
drinking water and other environmental samples. A state-certified laboratory must be used. Due to
holding times for bacteriological samples, the laboratory needs to be close to the City. Since the
recent closing of the Kitsap County Health District Laboratory, there is now only one lab certified for
drinking water in the County. Twiss Analytical Laboratories meets Bremerton's needs for
certification and proximity.
A TT ACHMENTS: Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): Laboratory analyses are budgeted annually in the
Water Resources Division budget.
APPROVALS: ~
DEPARTMENT DIRECTOR: ~~
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCALIBUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA~
RECOMMENDED MOTION: Move to approve the professional services agreementin an amount
not to exceed $50,000 per year with Twiss Analytical Laboratories for and authorize the Mayor to
finalize and execute the necessary contract documents for the agreement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
PROFESSIONAL SERVICES AGREEMENT
Twiss Analytical Laboratories
Environmental Analyses
The City of Bremerton ("City") and Twiss Analytical Laboratories ("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 January 19, 2006, 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 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
Exhibit A immediately upon execution of this Agreement and shall continue until terminated
pursuant to Section IX 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 $50,000 per year. Consultant's charges and
bills shall conform to the fee schedule attached hereto in 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 process payment within 45 days. 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,t
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
Bremerton/Twiss Analytical Laboratories
Environmental Analyses
Page 1 of 1
IV. Relationshipo 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 indep~ndent 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 ofliability 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 ofthe 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 FURTHE&:~.
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 0"
The provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/Twiss Analytical Laboratories
Environmental Analyses
Page 2 of2
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 (XCV) 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.
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 insurers 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.
;-.},:;
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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/Twiss Analytical Laboratories
Environmental Analyses
Page 3 of3
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 Poulsbo, 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 laboratory in Poulsbo, 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/Twiss Analytical Laboratories
Environmental Analyses
Page 4 of 4
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
City of Bremerton Public Works and Utilities
3027 OIYmpus Drive
Bremerton, W A 98310
Consultant Address
Twiss Analytical Laboratories
26276 Twelve Trees Lane
Poulsbo, W A 98370
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 Consultant 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 or by the Consultant upon one hundred eighty (180) days prior written notice.
Bremerton/Twiss Analytical Laboratories
Environmental Analyses
Page 5 of5
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 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:
its:
Date:
By:
its:
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City
Bremerton/Twiss Analytical Laboratories
Environmental Analyses
Page 6 of6
t=vhib-+ A
....^... IL"
SCOPE OF WORK FOR LABORATORY SERVICES
Updated January 19, 2006
Background
The City of Bremerton Water Utility (Bremerton) operates a Class A water system
serving a population of approximately 52,000. Sources include an approved unfiltered
surface supply and groundwater. Regulations require the following types of analysis:
Presence/absence total coliform for finished drinking water (30 hour holding time)
Heterotrophic plate count (8 - 24 hour holding time)
Total and fecal coliform density for source water (8-hour holding time)
Various other chemical analyses for drinking water and environmental purposes.
WAC 246-290-690(3)(j)(i) also requires that Bremerton have a laboratory available
seven days per week. There are times that Bremerton needs to have bacteriological
samples analyzed on Saturdays, Sundays, and holidays..
The following scope of work describes the requirements that the lab needs to provide to
. the City of Bremerton for bacteriological, chemical, and physical analyses on
environmental samples.
Laboratory Location
The current location of Twiss Laboratory is 26276 Twelve Trees Lane NW, Poulsbo
98370. This is 18 miles from the Bremerton Water Utility Operations Center at 3027
Olympus Drive. The laboratory location must remain less than 30 miles driving
distance. As long as the laboratory is more than 10 miles from the operations center,
Monday - Friday courier sample pick-up must be provided at no extra cost.
Laboratory Availability
L9boratory services must be available seven days per week. Regular business hours
for Bremerton are 7:30 a.m. - 4:00 p.m. Monday through Friday. On-call availability
must be provided on all weekends and holidays. There will not always be samples on
those days. The on-call availability is waived if, for logistical reasons outside either
Bremerton's or Twiss' control, the sample cannot be analyzed. Extreme weather, power
outages, and other similar emergencies fall into this category.
Analytical Procedures
Appropriate, approved analytical procedures meeting state and federal drinking water
regulatory requirements. will be used.
Certification Required
All analyses for drinking water compliance must be performed by a laboratory certified
by the State of Washington.
BremertonlTwiss Analytical Laboratories
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Page 7 of 10
Quality Control
A copy of the latest laboratory quality assurance plan will be provided to Bremerton.
Quality control documentation for chemical procedures will be sent with sample results.
Sample Containers and other Materials Required for Sampling
All sample containers will be supplied by the lab and will be properly prepared for the
particular analysis required.
Bremerton can supply pre-printed sample information slips for bacteriological samples.
Sample Transport
As long as the laboratory is located more than 10 miles from 3027 Olympus Drive, the
laboratory will provide Monday - Friday sample courier service from a location
convenient for City of Bremerton needs. The sample day for routine water distribution
samples for presence/absence will be Monday ( or Tuesday if there is a Monday
holiday). Bremerton may also choose to hand deliver samples. Samples must be kept
below 100 C during transit.
Bremerton will send a completed sample information slip with each sample and will
inform the laboratory of any specific requirements for testing.
Laboratory Holding Times
Once the sample is delivered, the laboratory will adhere to regulatory-required holding
times. Note that source fecal samples have only an 8-hour holding time. Bacterial
analysis for total coliform presence/absence samples received by the lab before
3:30 PM shall be set up the day received. HPCs can be set up the next day.
Data Package
Bacteriological sample results will be delivered to Bremerton within seven calendar days
of sample receift by the laboratory and all results must be received for the previous
month by the 6t day of the next month.
Chemical sample results will be delivered to Bremerton within 30 calendar days of
sample receipt by the laboratory and will include:
Case narrative - sample type, sample 10, summary of any problems with the
sample, shipment, holding times, etc.
QAlQC Documentation - Results of relevant quality control checks initiated by
the laboratory, calibration and blanks, spike results, and instrumentation
performance.
Sample data - final results for all samples
For drinking water regulatory samples, report all data to Washington State
reporting limit.
BremertonlTwiss Analytical Laboratories
h'n,,;rnnt-nAnto;J) 6.11':lluC'AC'
.L..J1.1."....1. '-'..1.1.1..1.'-'1..1....\.4.. J. ~I.J."""J. J oJ.........,
Page 8 of 10
Notification
Bremerton will provide the laboratory' 'vvith a procedure for notifying the City about
samples or changes in hours. The laboratory will provide to Bremerton a procedure for
contacting the laboratory during regular business hours and for weekend, holiday, and
on-call laboratory services.
The laboratory shall notify Bremerton by phone before 4:00 pm or by 8:00 am the next
day when any distribution coliform sample is presence for total coliform or E. coli. This
message must be transmitted to a Water Resources Division employee, not left on an
answering machine. Bremerton's notification procedure will identify other means to
reach the Water Resources Division Manager should personnel not be available.
The laboratory will provide Bremerton a minimum of 7 -day notice when its regular
business hours are changed due to holidays, staff availability, or other similar reasons.
This does not affect the requirement for on-call laboratory service and the laboratory will
still be required to provide on-call laboratory services. The laboratory will give as much
notice as possible when it will not be open for regular business hours due to an
emergency. The lab shall notify Bremerton as early as possible after 7:30 am of such a
laboratory closure. In emergency instances when it is not possible or safe for personnel
to get to the laboratory (such as for inclement weather), the requirement for on-call
laboratory service is waived.
The lab shall provide a price list for the next year's analyses on or before November 1.
Analytical Costs and Billing
The following prices will be charged for bacteriological samples through 2006:
Total Coliform $18.00
Fecal Coliform $22.00
Heterotrophic Plate Count $25.00
2006 costs for other analyses are attached in Exhibit B.
Twiss will provide Bremerton with an invoice and supporting documents at minimum on
a monthly basis.
BremertonlTwiss AnalJ'tical Laboratories
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Page 9 of 10
Exhibit B
Twiss Price List
GENERAL CHEMISTRY
Parameter
Acidity
Alkalinity, Total
Aluminum
Ammonia-N
Biochemical Oxygen Demand, BOD/CBOD
Calcium
Chemical Oxygen Demand (COD)
Chloride
Chlorine Residual, Total
Cobalt
Color
Cyanide, Free
Dissolved Oxygen
Ferrous Iron
Fluoride
Hardness, Total (as CAC03)
Magnesium
Nitrate-N
Nitrate + Nitrite
Nitrite-N
Nitrogen, Total Kjeldahl .
Orthophosphate
pH
Phosphorus, Total Persulfate
Potassium
Salinity
Silica
Sodium
Solids, Total
Solids, Total Dissolved (TDS)
Solids, Total Suspended (TSS)
Solids, Total Volatile (TVS)
Solids, Total Volatile Suspended (TVSS)
Specific Conductance (Conductivity)
Strontium
Sulfate-S
Sulfide
Sulfide
Sulfite
Tannin
Tin
Titanium
Temperature
Total Organic Carbon (TOC)
Turbidity
Vanadium
Trace Metals
Parameter
Metals by ICP
Metals by Flame AA
Metals by Graphite Furance
Mercury, cold vapor AA
Filtration or digestion fee
Trace Metal Packages *
Priority Pollutant Metals (soil or water)
by ICP - Be, Cr, Cu, Ni, Ag, Zn
Sb. As, Cd, Pb, Se, TI
by CVAA - Hg
CLP Target Analyte List (TAL) metals
by ICP - AI, Sb, As, Ba, Be. Cd, Co, Cr,
Pb, Mn. Ni. Se. Ag, TI. V, Zn
Ca. Cu, Fe, Mg, K, Na
by CVAA - Hg
Prices effedlV. November I, 2005
Reference Method No. Price
EPA 305.1 $20.00
SM 2320B $20.00
EPA 200.7 $12.00
SM 4500-NH3 G $21.00
EPA 405.1 $52.00
EPA 200.7 $12,00
EPA 410.4 (7.3) $36.00
SM 4500-CI-B1E $21.00
SM 4500-CI-G $20.00
EPA 200.7 $12.00
SM 2120 B $20.00
SM 4500-CN-F $21.00
SM 4500-O-G $20.00
SM 3500-Fe 0 $33.00
SM 4500 F-C $21.00
SM 2310 C $20.00
EPA 200.7 $12.00
SM 4500-N03 F $28.00
SM 4500-N03 E/F $21.00
SM 45oo-N02 BIF $21.00
SM20 4500 Norg 0 $38.00
SM 45OO-P F $21.00
EPA 150.1 $12.00
EPA 45OO-P F $21 :00
EPA 200.7 $12.00
SM 2520 B $20.00
EPA 200.7 $17.00
EPA 200.7 $12.00
EPA 160.3 $19.00
SM 2540 C $19.00
EPA 160.2 $19.00
EPA 160,4 $25.00
EPA 160.2/160.4 $25.00
EPA 120,1 $15.00
EPA 200.7 $12.00
EPA 375.4 $21.00
EPA 376.2 $44.00
SM 4500-S2 0 $44.00
SM 4500-S03 B $37.00
SM 5550 B $28.00
EPA 200.7 $12.00
EPA 200.7 $12.00
EPA 170,1 $12.00
EPA 415.1 $50.00
SM 2130 B $21.00
EPA 200.7 $12.00
Reference Method No. Price
EPA 200.7/6010B $12,00
EPA 200 series/70ooB $14.00
EPA 200.9/7010 $2300
EPA 7470/7471 $28.00
$10.00
160.00
EPA 200.7/6010B
EPA 7470/7471
270.00
EPA 200.7/60108
EPA 7470/7471
Twiss Analytical Laboratories
ININW, twisslabs. com
Prices are Sub}ed ti) change wlIhoLd notice
. Additional fee for extraction or digestion may be added to cost of analysis
'* MTCA limits Water - As-5 IJglL, Cd-5 IJg/L, Cr -SOlJg/L, Pb-15 IJg/L, Hg-2 IJg/L
Soil- As-20mg/Kg, Cd-2mg/Kg, Cr-2000mg/Kg, Pb-1000mg/Kg Hg,2mg/Kg
Drinking Water Inorganics Compounds (IOC)
Parameter ReferenCE Method No.
Group A lOG (P,S, Cond., Hard., Color) Various
Group BlOC (Same as A, except no Pb, Cu) Various
Primary (P) lOG (Sb,. As, Ba, Be, Cd, Cr, Cu, Pb, Various
Hg, NI, Se, Na, TI, Turbidity, en, F., N03-N, N0-2-N
Secondary IS) IOC (Fe, Mn,Ag, Zn, CI-, S04)
Kitsap CO. Requirements (Fe, Mn, Cond.,CI-, NO-3-N)
Jefferson Co. Requirements
N03-N, CI, Na
N03-N, CI
N03-N, Na
Pierce Co. Requirements (Primary IOC, plus Fe, Mn)
RCRA List as Total Metals
by ICP - As, Ba, Cd, Cr, Pb, Ag, Se
byCVM-Hg
RCRA List to meet MTCA Limits ...
by ICP - As, Ba, Cd, Cr, Pb, Ag, Se
byCVM-Hg
EPA PRIORITY POLLUTANT ANALYSES'
Volatile Organics
Semivolatile Organics
Chlorinated Pesticides & PCB's
Total Toxic Organics
Metals (12 by ICP, Hg by CVM)
Total Cyanide
Total Phenols
Lead in Paint'
Paint Samples for Cd, Cr, Pb*
TCLP*
TCLP Extraction
TCLP Metals as Total Metals
TCLP Metals with Extraction
TCLP Lead with Extraction
Lead & Copper Monitoring (discount on multiple samples)
Asbestos in drinking water
Radionuclides (Gross Alpha & Beta)
Gross Alpha
Radon
Radium 228
Drinking Water Microbiology
Total Coliform + E.Coli
Total Coliform + Fecal
Total Coliform (MF) + Fecal
Total Coliform (MPN)
Heterotrophic Plate Count (HPC)
Iron Bacteria
Drinking Water Organic Compounds
Carbamate Pesticides EPA
Chlorophenoxy Herbicides EPA
Chlorinated Pesticides EPA
Chlorinated Pesticides & PCB EPA
Diquat & Paraquat EPA
EDB/DBCP EPA
Endothall EPA
Glyphosate EPA
Haloacetic Acids (HM's) EPA
Haloacetonitriles & Chloral Hydrate EPA
Maximum Total Trihalomethanes Potential (MTTP) EPA
MTBE EPA
Pesticides EPA
Prices e",llctive Novemb9r " 2005
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
EPA
6010B
7470/7471
6010B
7470/7471
624/8260B
625/8270C
60818081/8082
624/625/608
200.717470
335.2
420.1
6010B
6010B
1311
6010/7470
1311, EPA6010/7470
1311/6010
Various
Various
Various
Various
Various
Various
EPA 200.9/200.7
ASTM D 5072-92
SM 9223 B
SM 9221 D
SM 9222 B
SM 9221 B
SM 9215 B
BART
531.1
515.1
508
508
549
504.1
548.1
547
552.1
551
510.1
524.2
525.2
Twiss Analytical Laboratories
'o.(IMfW,twtsslabs.com
105.00
105.00
185.00
410.00
195.00
210.00
160.00
54.00
53.00
22.00
35.00
$86.00
$105.00
$190.00
$98.00
Price
$350.00
$319.00
$240.00
$88.00
$85.00
$61.00
$49.00
$40.00
$270.00
28.00
225.00
92.00
65.00
75.00
92.00
$20.00
=$20.0061'(1. t1UN-uvl <:.tl-s
$ . ...,)
/' 35.ooVOkunt~ ,of'IC;Y/t'
. $25.00 ". 1. J
$50.00 '-\-c.,"-l" (YlA.(.fD 10 i '01 C{S\.{
221.00
184.00
149.00
158.00
143.00
95.00
132.00
121.00
142.00
148.00
127.00
95.00
350.00
Price5: are subjed to cttangl\' without ~olk:e
Polychlorinated Biphenyls (PCB)
Perchlorate
Synthetic Organic Compounds (SOC)
Trihalomethanes (THM)
Volatile Organic Compounds (VOG)
UCMR L 1
Environmental Analysis
Parameter
Petroleum Hydrocarbon - UST/Fuels
Hydrocarbon Identification - soil
Hydrocarbon Identification - water
Gasoline Range Organics
BTEX
Gasoline Range Organics with BTEX
Diesel Range Organics
Diesel Extended with Acid/Silica Cleanup
Total Petroleum Hydrocarbons (TPH)
Oil & GreaseITPH
Aromatic Volatile Organics
BTEX (Benzene, Toulene, Ethylbenzene, Xylene)
Halogenated Volatile Organics
Herbicides, Chlorinated
Pesticides, Chlorinated
Pesticides, Chlorinated & PCB's
PCB's in water
PCB's in soil
PCB's in oil
Phenols
Polynuclear Aromatic Hydrocarbonds (PAH/PNA)
Semi-Volatile Organic Compounds
Volatile Organic Compounds
Bulk Asbestos (first layer)
each additional layer
Environmental Microbiology
Water Matrix
Fecal Coliform - MF
Fecal Coliform MPN
Fecal Coliform Colitag
Total Coliform - MF
Total Coliform - MPN
Entercoccus
Soil Matrix
Fecal Coliform - MF
Total Coliform - MF
Fecal Coliform - MPN
Total Coliform - MPN
Fecal Coliform - Shellfish
Shucking/grinding shellfishlper sample
Drinking Water Inorganics
Individual Tests
Parameter
Alkalinity
Antimony (Sb)
Arsenic (As)
Barium (Ba)
Beryllium (Be)
Boron (B)
Cadmium (Cd)
Calcium (Ca)
Chromium (Cr)
Chloride (CI-)
Chlorine - Free Residual
Conductivity
Color
Copper (Cu)
Prices ert'ed/ve November 1. 2005
EPA
EPA
EPA
EPA
EPA
EPA
508
314.1
525,515,531
502.2
524.2
525.2, 515.1, 508
507,524.2
ReferenCE Method No.
NWTPH - HCID
NWTPH - HCID
NWTPH-G 0 r GX
SW 8468021A
SW 846 8021A I NWTPH-Gx
NWTPH-D
NWTPH-D or DX/c1eanup
EPA 1664
EPA 1664
EPA 602/8020
EPA 602
EPA 60118010
EPA 8150
EPA 608/8080
EPA 608/8080
EPA 608/8080
EPA 8080
EPA 600/4-81-045
EPA 625/8270
EPA 625/8270
'EPA 625/8270
EPA 624/8260
EPA SOO/R-981116
SM 9222 D
SM 9221 E
SM 9223E
SM 9222 B
SM 9221 B
Enterolert
SM 9222 D
SM 9222 B
SM 9221 E
SM 9221 B
SM 9221 E
Method
SM 2320 B
EPA 200.9
EPA 200.9
SM 3113 B
EPA 200.7
EPA 200.7
EPA 200.7
EPA 200.7
EPA 200.7
SM 4500 CI E
SM 4500 CI G
SM 2510 B
SM 2120 B
EPA 200.7
Designation
Optional
Primary
Primary
Primary
Primary
Primary
Optional
Primary
Secondary
Physical Characteristic
Physical Characteristic
Primary
Twiss Analytical Laboratories
.WWW.twisslabs.com
95.00
100.00
615.00
84.00
185.00
507.00
Price
$65.00
$79.00
$90.00
$90.00
$100.00
$89.00
$100.00
$65.00
$55.00
114.00
90.00
132.00
240.00
132.00
192.00
108.00
96.00
60.00
210.00
228.00
420.00
216.00
25.00
15.00
25
35
25
25
35
38
28
28
40
40
40.00
12.00
Price
$20.00
$23.00
$23.00
$12.00
$12.00
$12.00
$12.00
$12.00
$12.00
$21.00
$20.00
$14.00
$20.00
$12.00
Price:".; <:Ire sub/selle- change without notke
Cyanide (CN)
Fluoride
Hardness (Total)
Iron (Fe)
lead (Pb)
Magnesium (Mg)
Manganese (Mn)
Mercury (Hg)
Molybdenum
Nickel (Ni)
Nitrate-N (as N)
Nitrite-N
Orthophosphate (O-P04)
pH Units
Potassium (K)
Selenium (Se)
Silver (Ag)
Sodium (Na)
Sulfate (S04)
Tannin
Thallium (TI)
Total Dissolved Solids (TDS)
Total Organic Carbon (TOC)
Turbidity
Zinc (Zn)
Soils Analysis
Soil Fertility Testing
Parameter
Ammonia as N
Boron (B)
Calcium (Ca)
Cation Exchange Capacity (CEC)
Cation Exchange Capacity (CEC)
Gypsum Requirement
lime Requirement (lM)
Magnesium (Mg)
Nitrate-Nitrogen (N03-N)
Organic Matter
pH
pH
Phosphorus (P)
Potassium (K)
Soluble Salts (EC)
Sulfate-Sulfur (S04-S)
Total Nitrogen (TKN)
Additional Soil Testing
Bicarbonate/Carbonate
Chloride (CI-)
Cress Test
Solvita Test
Sand, Silt & Clay (%)
Sand, Silt & Clay with sand fraction %
Total Organic Carbon (TOC)
Total Solids (TS)
Total Volatile Solids (TVS)
SM 4500-CN-F
SM 4500-F-C
SM 2340C
EPA 200.7
EPA 200.9
EPA 200.7
EPA 200.7
SM3112B
EPA 200.7
EPA2oo.7
SM 4500 N03 D
SM 4500-N02-B
SM 45OO-P-F
EPA 150.1
EPA 200.7
EPA 200.9
EPA 200.7
EPA 200.7
EPA 375.2
SM 5550 B
EPA 200.9
SM 2540 C
SM 5310 C
SM 2130 B
EPA 200.7
Primary
Primary
Physical Characteristic
Secondary
Primary
Optional
Secondary
Primary
Primary
Primary
Primary
Optional
Optional
Optional
Primary
Secondary
Primary
Secondary
Optional
Primary
Physical Characteristic
Optional
Primary
Secondary
Extraction Method
KCl extract
Hot water extrat
Ammonium acetate extract
Calculated
Extracted, Ammonium replacement
SMP Buffer
Ammonium acetate extract
KCl extract
loss on ignition
1 :2 soillwater ratio
Saturated paste
Bray
Ammonium acetate extract
Saturated paste
Phosphate extract
Saturated paste
Saturated paste
Pipet method, USDA
EPA415.1
EPA 160.3
EPA 160.4
Agricultural Test Packages
Soil Package 1 (N03-N, P, K)
Soil Package 2 (pH, P, K, Ca, Mg, lR, OM)
Soil Package 3 (pH, lR, OM)
Organic Certification (pH, P,K,OM, CEC, N03, Cu, NH4)
Micro-Nutrients (DTPA extraction: Fe, Mn, Cu, Zn)
Prices erfecllve November 1, 2005
Twiss Analytical Laboratories
www.twisslabs.com
$21.00
$21.00
$20.00
$12.00
$23.00
$12.00
$12.00
$28.00
$12.00
$12.00
$28.00
$21.00
$21.00
$12.00
$12.00
$23.00
$12.00
$12.00
$21.00
$28.00
$23.00
$19.00
$50.00
$21.00
$12.00
Price
$21.00
$21.00
$14.00
$40.00
$87.00
$32.00
$19.00
$14.00
$28.00
$14.00
$12.00
$12.00
$21.00
$14.00
$13.00
$19.00
$38.00
$46.00
$32.00
$63.00
$22.00
85.00
100.00
50.00
19.00
25.00
43.00
50.00
27.00
154.00
49.00
Prices ate subject Ie change without not/c.
DATE SUBMITTED: January 23,2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
!JIJ,*, ()G - tJ 3-1-
5l>
........................................................................................
Committee Meeting Date: February 8, 2006
COUNCIL MEETING Date: February 15, 2006
Department: PW &U, Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Ordinance 2082, passed by the City Council in 1954, vacated ih St. between National
A venue and Pershing Avenue and reserved a public utility easement through this vacation. The
easement passes through 4117 Kitsap Way (SW comer of intersection of Kitsap Way and National
Avenue), the site at which Rite-Aid is currently proposing to construct a building. The Department of
Public Works and Utilities has determined that this easement was never utilized for public utilities and
there is no future intent to use it. Franchise utilities Qwest and PSE have determined there is no
intended future use for this easement. Rite-Aid has requested that the City release rights to this
easement so they can construct their new facility.
SUBJECT: Release of utility easement
established by Ordinance 2082
ATTACHMENTS: 1. Council Summary; 2. Release of Easement; 3. Ordinance 2082; 4. Exhibit
showing easement;
FISCAL IMPACTS (Include Budgeted Amount): N/ A
I'
I CONSENT AGENDA g
APPROVALS:
DEPARTMENT DIRECTOR:
CI1Y ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to release the public utilities easement established by
Ordinance 2082 and authorize the Mayor to finalize and execute the necessary documents for this
action.
COUNCIL ACTION: D Approve D Deny D Table
ab/ Agenda Bills 2006/Release easement in Ordinance 2082
o Continue D No Action
COUNCIL SUMMARY
RELEASE OF UTILITY EASEMENT ESTABLISHED BY ORDINANCE 2082
The Rite Aid Corporation has proposed to construct a facility at 4117 Kitsap Way
(SW corner of intersection of Kitsap Way and National Avenue). During the
development review process, it was discovered that a public utilities easement
passes through the property. This easement was established by Ordinance
2082, passed by the City Council in 1954. The Department of Public Works and
Utilities has researched the easement and determined that no utilities were ever
installed in the easement and there is no future intent to do so. Franchise utilities
Owest and PSE have also determined that they have no intent to use the
easement in the future. It is proposed that the City release interest in the
easement that runs through the property at 4117 Kitsap Way so that the new Rite
Aid building can be constructed.
Return Address:
City Clerk
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Release of Easements
Reference Number(s) of Documents assigned or released: Ordinance 2082
Grantor(s): 1. The City ofBremerton
o Additional names on page of document.
Grantee(s): 1. Rite Aid Corporation
o Additional names on page of document.
Legal Description: See page 2
D Additional legal is on page 2 of document.
Assessor's Property Tax Parcel/Account Number: 3777 -006-009-0003
RELEASE OF EASEMENT
THIS INSTRUMENT made this _ day of , 2006, by and between
the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of
Washington (hereinafter "Grantor") and RITE AID CORPORATION (hereinafter "Grantee").
Grantor for and in consideration of mutual benefits derived and/or other valuable
consideration, receipt of which is hereby acknowledged by Grantor, does by these presents grant,
convey, release and quit claim forever unto Grantee, its successors and/or assigns, all its right, title
and interest in and to those public utility easements lying within that portion of ih Street situated
between National Avenue and Pershing Avenue, vacated under City of Bremerton Ordinance 2082
dated September 1954, lying over, under and across certain real property located within the Plat of
National City in the City of Bremerton, Washington, legally described as follows:
SEE EXHIBIT "A" ATTACHED
RELEASE OF EASEMENT-Page 1 of 3
GRANTOR:
CITY OF BREMERTON
By: CARY BOZEMAN
Its: Mayor
DATE:
STATE OF WASHINGTON
)
) ss.
)
COUNTY OF KITSAP
On this day of , 2006, before me a Notary Public in and
for the State of Washington, personally appeared Cary Bozeman to me known to be the Mayor of the
City of Bremerton, a municipal corporation that executed the foregoing instrument, and
acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses
and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said
instrument.
-Notary Seal Must Appear Within This Box-
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first
above written.
NOTARY PUBLIC, in and for the State
of Washington, residing at
My appointment expires
APPROVED AS TO FORM:
ROGER A. LUBOVICH
City Attorney
RELEASE OF EASEMENT- Page 2 of3
EXHIBIT "A"
Parcel I: Lots 9 through 12, and Lots 15 though 28, inclusive, Block 6, and Lots 1 through 14, inclusive, in
Block 7, of National City as per Plat recorded in volume 2 of Plats, page 33, in Kitsap County, Washington:
together with that portion of vacated ih Street that would attach by operation of law; except that portion
deeded to State of Washington for Kitsap Way;
Parcel II: That Portion of Government Lot I (Northwest Quarter of the Southwest Quarter), Section 14,
Township 24 North, Range I East, W.M. and of vacated street (formerly referred to as National Avenue)
shown along the east side of the plat of National City, according to plat recorded in Volume 2 of Plats, Page
33, in Kitsap County, Washington, as established by Kitsap County Superior Court in Case No. 2187,
describes as follows: Beginning at the intersection of the east line of Lot 1, Block 7, of said plat with the
southerly right-of-way line of primary State Highway No. 21; thence south along east line of said Lot 1,
Block 7, and said line produced, to the southeast comer of Lot 28, Block 6, said plat; thence east on a
prolongation of the south line of said Lot 28 to intersect the westerly right-of-way line of National Avenue as
established by the City of Bremerton and described in deed recorded under auditors file No.93475; thence
north 3006'43" east along westerly right-of-way line of said National Avenue, to the southerly right-of-way
line of said primary State Highway No. 21; thence southwesterly along southerly right-of-way line of State
Highway to point of beginning; all situate in the City of Bremerton, Gounty of Kitsap, State of Washington.
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PAGE 63
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ORDINANCE NO. 2082
AN ORDINANCE vacating cort8~n proper~y herato~ore dedioated &.3
pubU.a str\'tet.s altua1ied in the Cit-y of: Bremerton.
THE CITY OF BREMEllTON roES ORDAIN:
Sec tion 1. '~hat there he.:J ~een previously til.ed .1t::h -the C1 ty
Counel1 a petlelol1 requestIng that certain property h.retofore dedi-
~ated f:or atr8et purposes in the City or Bl'ell1erton, County 01: Kitsap,
State at: Waohlngton, bo vaoated and that ~ resolution favoring tho vao-
ation'was adopted by the City Counoll on the 26th day 01: August, 1954,
and setting the 15th day of Soptember, 1954, as tho date upon wh1ch said
peti t10na would bit heard, and that notice of said hearing has been post-
ed and given in the manner provided by law.
3ectlon 2. Ahat the portioos o~ aaldstreets marc p8r~1cularl1
described sa 1:oll<lwB, to-w1t% Edith street, within the Plat 0;(' ayater
Bay AdditIon. and 7th 3tre6t7 between National Avenue and Pe~shing Ave-
nUt07 within the Plat or National CitYJ be and the same hereby arc de- .
clared vacated. but ~h8 City or Bromerton dOBS herobyreserv& and retain
an eaS6l1lent ror any publlo utl11tiefJ .1ncluding sewer andwater11nes,
telephone a~d pow~r cables which may now be under the surrace of any or
the areas vacated, and the City of Bremarton 'also retains the right. to
exercise and grant easements 1n respect to t;he areas hereby vaoated for
the constructlonl repair ancL:lalnteoance 0;(' publIc utilities and servicea.
The City Clerk 1s authorized to. cart!.!'y a oopy or tlUs ordinance
to be a true and c:orrect copy thsreor and to tile the slUD~ t:or record-
ing by the Auditoi' or Kitssp county, Washington.
APPROVED on rlrst readIng this 15th day o~ SeptemberJ 195..
P~SSED on sscond reading by the City Counc11 of uhe C1CT oE Bromer-
ton, signed by tho Mayor and attested by the City C1erk 1n authentication
ot such passage this 22nd day or september. 19~..
ATTEST:
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SCALE
RHL DESIGN GROUP, INC.
BREMERTON RITE AIDE
BOUNDARYAND
TOPOGRAPHIC SURVEY
.-'~"""P"""
JIottwlI. r~ 1lelW-4n2
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PRO.Ecr NO_
32882
DRA'M/JG FilE !':AU[
J2BB2-SURV-t 01
'~=20'
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
fl6$ 00 - 035
se
........................................................................................
SUBJECT: Budget Adjustment
Reassignment of Pay Band for Fire Chief and
Director of Financial Services to
Management Pay Band 22
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
,4,/.t j,t
, ,
:z../ I~O(,
Human Resources
Carol Conley
473-5347
SUMMARY: At the first meeting of the Management Salary Advisory Committee held on Friday, January
27, 2006, it was the recommendation of the committee to upgrade the pay band of two (2) positions. The
committee comprised of Cecil McConnell, Brad Gehring, Will Maupin and Nick Wofford recommended that
the positions of Fire Chief and the Director of Financial Services be reassigned to Management Pay Band 22
for internal equity purposes.
ATTACHMENTS: Revised Management Pay Plan with recommended reassignments incorporated.
FISCAL IMPACTS (Include Budgeted Amount): There are sufficient funds in the miscellaneous
non-departmental set aside to cover the cost of the reassignments. .
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
I CONSENT AGEND~
FINANCE DIRECTOR:
MA YOR:
FISCALfBUDGET:
OPERA TIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the reassignment of the Fire Chief and Director of
Financial Services positions to Pay Band 22 of the 2006 Management Pay Plan and to authorize a
budget adjustment from the miscellaneous non-departmental set aside to the appropriate department to
cover the additional cost of the reassignments.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
, '
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2006
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
22 City Attorney APPROX MO 7,632.00 8,01 9.00 8,21 9.00 8,425.00 8,635.00 8,851 .00 9,072.00 9,299.00
Police Chief ACTUAL SEMI-MO. 3,816.17 4,009.37 4,109.60 4,212.34 4,317.65 4,425.59 4,536.23 4,649.64
Fire Chief ANNUAL 91,588.17 96,224.82 98,630.44 101,096.20 103,623.60 106,214.19 108,869.55 1 11 ,591.29
Director of Financial Services
Dir. Of Public Works & Utilities
Redevelopment Projects Administrator ~ . ...... "'177;62\ y ~'" 'm" ;185.99
21 Fire Chief APPROX MO 7,265.00 7,632.00 7,823.00 8,019.00 8,219.00 8,425.00 8,635.00 8,851 .00
ACTUAL SEMI-MO. 3,632.29 3,816.17 3,91 1 .58 4,009.37 4,109.60 4,212.34 4,317.65 4,425.59
ANNUAL 87,174.93 91,588.17 93,877.87 96,224.82 98,630.44 101,096.20 103,623.60 106,214.19
'..' ,................ 'S"lll.: }i,,:l15~:65 j56;4~J ll:"'16().37, ....;.,l:.l1'64~38 '. ,.'168:49 '\/"112:71 ;',:4'''l'l,i02(
llllll145t29. .",__c.-,;" ~;W'H-
20 Dir of Community Development APPROX MO 6,91 5.00 7,265.00 7,446.00 7,632.00 7,823.00 8,019.00 8,219.00 8,425.00
Dir of Economic Development ACTUAL SEMI-MO. 3,457.26 3,632.29 3,723.10 3,816.17 3,91 1 .58 4,009.37 4,109,60 4,212.34
Dir of Financial Services ANNUAL 82,974.36 87,174.93 89,354.31 91,588.17 93,877.87 96,224.82 98,630.44 101,096.20
~l ~ 'f.\.~;'1'38r29l .- 'li.14~!29~( \l'(;"'148192" +rT: lil~'152~65f' ";?:':;.~'I5~;j~;. ';;;;;,1;;;\;'160;37. "$f;'!;"'164~~8,; jiM6SI49;i
-",
1 9 City Engineer APPROX MO 6,581..00 6,91 5.00 7,087.00 7,265.00 7,446.00 7,632.00 7,823.00 8,01 9.00
Dir. Of Human Resources ACTUAL SEMI-MO. 3,290.67 3,457.26 3,543.70 3,632.29 3,723.10 3,816.17 3,91 1 .58 4,009.37
Dir. Of Parks & Recreation ANNUAL 78,976.19 82,974.36 85,048.72 87,174.93 89,354.31 91,588.17 93,877 .87 96,224.82
~ .~:;"l::".ii.l::'I'3'1!t~3;, ;;;;;",,:';:1:38;29:; :i:: "::!f,'1fJ'Irt~ ,'. .. !1.l(5i29' .,~,~ .:1....'148.92; ''I52;~5 ;'.1'5~:46 1:l::(ij;2!ib)io;3'1:ji
..
18 Assistant Fire Chief 6,264.00 6,581 .00 6,746.00 6,91 5.00 7,087.00 7,265.00 7,446.00 7,632.00
ACTUAL SEMI-MO. 3,132.1 1 3,290.67 3,372.94 3,457.26 3,543.70 3,632.29 3,723.10 3,816.17
ANNUAL 75,170.67 78,976.19 80,950.59 82,974.36 85,048.72 87,174.93 89,354.31 91,588.17
MP ;9~!!:~ i;;i:'I~5!28") tr;tj1l;t13''1;63; :X;.~1;f34j92'. :1.I:&~:':l:;;:1i38;2~1 ,:,':;..::.:.;:::;'14.'1;75:: :.(1:;;:::::''145:29); _A.__.'_' _'.u_____v. ,_, t~,i,Jv :,,'152165'(
v..v _ ,_,,___ __.,,~ c" ,_ iif;i~;:;!i:14$:~~:' ~~:""",."
17 Assistant City Attorney APPROX 5,962.00 6,264.00 6,421 .00 6,581 .00 6,746.00 6,91 5.00 7,087.00 7,265.00
City Auditor ACTUAL SEMI-MO. 2,981 .19 3,1 32.1 1 3,210.41 3,290.67 3,372.94 3,457.26 3,543.70 3,632.29
ANNUAL 71,548:53 75,170.67 77,049.94 78,976.19 80,950.59 82,974.36 85,048.72 87,174.93
'~"''''''''- ;'lr!i;';i",1'1~:~5:' ,.:::J2$;2$'. ,-' .' '1iij:42'. ,"ii. . ............. :i'::..1.~;92:.... ;';1~ij:2~,' \141';'15 ilfi,!j.;!FI45:29.
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16 Finance Officer APPROX MO 5,675.00 5,962.00 6,1 1 1 .00 6,264.00 6,421 .00 6,581 .00 6,746.00 6,91 5.00
Managing Engineer ACTUAL SEMI-MO. 2,837.54 2,981 .1 9 3,055.72 3,132.1 1 3,210.41 3,290.67 3,372.94 3,457.26
Public Works Operations Manager ANNUAL 68,100.92 71,548;53 73,337.24 75,170.67 77,049.94 78,976.19 80,950.59 82,974.36
~ ;,~?;;;~;111:3;50; ...;:;,,1.1,1$;25:.' '.\122:23 .... ,'125~28 .,.,.c.........128.4~{ .. ...;,.,,131;63.... ,BC J134:9'2 'lli'!!;'fL':1:38~2g.:
Risk Manager
15 Forestry Manager APPROX MO 5,402.00 5,675.00 5,817:00 5,962.00 6,1 1 1 .00 6,264.00 6,421 .00 6,581 .00
Planning Manager ACTUAL SEMI-MO, 2,700.81 2,837.54 2,908.48 2,981 .19 3,055.72 3,132.1 1 3,21 0.41 3,290.67
Utility Operations Manager ANNUAL 64,81 9.44 68,100.92 69,803.44 71,548.53 73,337.24 75,170.67 77,049.94 78,976.19
Project Manager "'1'.;;~r;:1~8.03; ." "'.WitM:~~, ,......\~~:~:34!i J.~~~j:;~:.~~:.~.~;. v 5;.:;J!:;1~~;g~. Xi ,.,',128;42 '. :.;....;,;~.:31:.6.~
..~:'; .......... ,,,,o;:c._'_-,;<_;:...',,;'+.,k, ,;,::-.:;,:~-'---;-.:,'j
Wastewater Manager
Development Manager
Information Systems Manager
Water Resources Manager
PAY
BAND
14
TITLE
Assistant Finance Officer
13
12
Fleet Manager
Court Services Manager
City Clerk
Parks Maintenance Manager
Athletics/Recreation Manager
Public Wks. & Util. Financial Mgr.
11
10
9
Public Access Manager
.
8
7
6
5
4
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2006
SALARY
BASE
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
APPROX M~
ACTUAL SEMI-MO.
ANNUAL
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
~................
APPROX MO
ACTUAL SEMI-MO,
ANNUAL
......~
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
~
ACTUAL SEMI-MO.
ANNUAL
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
APPROX MO
ACTUAL SEMI-MO.
ANNUAL
RATE 2 RATE 3 RATE 4
5,402.00 5,537.00 5,675.00
2,700.81 2,768.33 2,837.54
64,819.44 66,439.92 68,100.92
:;'Ii;.;;j!i~;o~ '.';;;~1a'()d~: I,'
5,141.00 5,270.00
2,570.67 2,634.94
61,696.07 63,238.47
-;-----i~:::--1()~~83 :--:-, _::-~"::~:~I05,,40 ,-----,
4,894.00 5,016.00
2,446.80 2,507.97
58,723.21 60,191.29
L:!h'P~97.;ij7].i';"!.10()J3;2;
4,658.00 4,774.00
2,328.90 2,387.12
55,893.60 57,290.94
~)"";951Mf
4,433.00 4,544.00
2,216.68 2,272.10
53,200.33 54,530.34
';!~j0imj?i38;67' ,j jtf;;'gtE8'~'
4,220.00 4,325.00
2,1 09.87 2,16i62
50,636.84 51,902.76
~".' .' R'::J;n'
4,016.00 4,117.00
2,008.20 2,058.41
48,196.87 49,401.79
3,823.00 3,918.00
1,911.44 1,959.22
45~874.48 47,021.34
3,639.00 3,730.00
1,819.33 1,864.82
43,663.99 44,755.59
3,463.00 3,550.00
1,731.67 1,774.96
41,560.01 42,599.01
3,296.00 3,379.00
1,648.23 1,689.43
39,557.42 40,546.35
RATE 1
5,141.00
2,570.67
61,696.07
.. ';:i;f'102:S3"
4,894.00
2,446.80
58,723.21
[,;.....97;87'.
4,658.00
2,328.90
55,893.60
4,433.00
2,216.68
53,200.33
;',o::i'j,,,:;;\,,.88,lij',!'
4,220.00
2,109.87
50,636.84
;..<<;.;.f:;;;!8~!39i
4,016.00
2,008.20
48,196.87
f!li'iwi,. :.,~tL33i:
3,823.00
1,911.44
45,874.48
3,639.00
1,819.33
43,663.99
3,463.00
1,731.67
41,560.01
3,296.00
1,648.23
39,557.42
3,138.00
1,568.81
37,651.32
RA TE 5
5,817.00
2,908.48
69,803.44
5,402.00 5,537.00
2,700.81 2,768.33
64,819.44 66,439.92
108;()31:e..
5,141.00 5,270.00
2,570.67 2,634.94
61,696.07 63,238.47
4,894.00
2,446.80
58,723.21
; ',;':'y",';";'91;871
r- __ . _ _ _ ,___________ __ _ ,_~
4,658.00
2,328.90
55,893.60
'ij;O::';9~:1ifi
4,433.00
2,216.68
53,200.33
',../8s:a7,.;
4,220.00
2,109.87
50,636.84
4,016.00
2,008.20
48,196.87
3,823.00
1,911.44
45,874.48
3,639.00
1,819.33
43,663.99
3,463.00
1,731.67
41,560.01
5,016.00
2,507.97
60,191.29
",ijr'i':;JOQ;32:
4,774.00
2,387.12
57,290.94
4,544.00
2,272.10
54,530.34
,..9.t)':~~H
4,325.00
2,162.62
51,902.76
4,117.00
2,058.41
49,401.79
3,918.00
1,959.22
47,021.34
3,730.00
1,864.82
44,755.59
3,550.00
1,774.96
42,599.01
RA TE 7
6,111.00
3,055.72
73,337.24
iW, .,;'122.23
5,817.00
2,908.48
69,803.44
,. 'n:11a;3;4'i"
5,537.00
2,768.33
66,439.92
,1 if , ..1.10:73,.
5,270.00 5,402.00
2,634.94 2,700.81
63,238.47 64,819.44
'j'S1i,:1().S;.4tO' '. 'j'1'OSf03'
5,016.00 5,141.00
2,507.97 2,570.67
60,191.29 61,696.07
;;;;;;'[\1 ()O;3'2..iO:;~;f;j.'!102:83
4,774.00 4,894.00
2,387.12 2,446.80
57,290.94 58,723.21
~
4,658.00
2,328.90
55,893.60
4,433.00
2,216.68
53,200.33
4,220.00
2,109.87
50,636.84
4,016.00
2,008.20
48,196.87
3,823.00
1,911.44
45,874.48
RATE 6
5,962.00
2,981.19
71,548.53
.iF 119/25
5,675.00
2,837.54
68,100.92
m113tSO.
5,402.00
2,700.81
64,819.44
5,141.00
2,570.67
61,696.07
;ijC!,)i;i;i102/!l3 ,7,)
4,894.00
2,446.80
58,723.21
i;i;;;<;~,i0f9t;8i,;
4,658.00
2,328.90
55,893.60
;;!;;[;)wH9~11~;
4,433.00
2,216.68
53,200.33
4,220.00
2,109.87
50,636.84
4,016.00
2,008.20
48,196.87
3,823.00
1,911.44
45,874.48
3,639.00
1,819.33
43,663.99
4,544.00
2,272.10
54,530.34
4,325.00
,2,162.62
51,902.76
4,117.00
2,058.41
49,401.79
3,918.00
1,959.22
47,021.34
3,730.00
1,864.82
44,755.59
RA TE 8
6,264.00
3,132.11
75,170.67
;.......,:,41.2SJ2.8\
5,962.00
2,981.19
71,548.53
'"V-\~:i;i'9;2~.;
5,675.00
2,837.54
~8,100.92
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2006
PAY SALARY
BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8
3 APPROX MO 2,988.00 3,138.00 3,216.00 3,296.00 3,379.00 3,463.00 3,550.00 3,639.00
ACTUAL SEMI-MO. 1,494.10 1,568.81 1,608.03 1,648.23 1,689.43 1,731.67 1,774.96 1,819.33
ANNUAL 35,858.40 37,651.32 38,592.60 39,557.42 40,546.35 41,560.01 42,599.01 43,663.99