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Home My WebLink About10/18/2006 AGENDA ,I LE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 OCTOBER 18, 2006 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. 10-Minute Executive Session to "Evaluate the Qualifications of an Applicant for Public Employment" per R.C.W. 42.30.110(1 )(g) (Info only - No action will be taken) 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 RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. Claims & Check Register (#AB06-214) B. Appointment of Joanie D. Pearson to the Arts Commission (#AB06-215) C. Purchase of 4 Traffic Signal Cabinets off State Bid List from CASCADE SIGNAL CORPORATION, and 4 Traffic Signal Controllers off State Bid List from ECONOLlTE, INC. (#AB06-216) D. Reclassification of three (3) Firefighters to three (3) Lieutenants (#AB06-217) E. Ordinance No. 4982, amending Section 2.09.060 of the Bremerton Municipal Code (BMC) relating to the duties of the Human Resources Manager (#AB06-218) F. EPA Grant Acceptance for Phase II Environmental Site Assessment of Old Bremerton Gasworks & McConkey/Sesko Properties (#AB06-219) G. Bremerton Tunnel Construction Cooperative Agreement (#AB06-220) H. Sale of Tennis Court Property located at corner of 11 th Street & Warren Avenue (#AB06-221) 6. GENERAL BUSINESS A. Ordinance No. 4983, amending certain Chapters of Title 2 of the Bremerton Municipal Code (BMC) relating to Administration and Personnel (#AB06-222) B. Acceptance of Management & Professional Employee Compensation Advisory Committee recommendations (#AB06-223) C. Ordinance No. 4984, amending Chapter 2.50 of the Bremerton Municipal Code (BMC) incorporating recommended changes by the Management & Professional Employee Compensation Advisory Committee (#AB06-224) 7. COUNCIL MEMBER REPORTS ,~~ 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 9. CITY COUNCIL STUDY SESSION - Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 to hear an "Update on the Municipal Court Buildinq at 8th Street & Park Avenue" with Dan Miller, Project Manager; Jonna Koehn, Municipal Court Manager; and representatives from RICE FERGUS MILLER ARCHITECTURE & PLANNING rI 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. -,,-- --:1 II il ;1 II II Ii 1. ;! \j Mayar Cary Bozeman PROCLAMATION WHEREAS, Ebenezer Mrican Methodist Episcopal Church is at the threshold of culminating the year-long celebration of its 94th Anniversary; and WHEREAS, the City of Bremerton recognizes Ebenezer African Methodist Episcopal Church as one of the oldest churches in Bremerton; and WHEREAS, through the efforts and accomplishments of Ebenezer AME Church, they have made our community a better place to live; and WHEREAS, Ebenezer AME Church has the vision to expand to support their on going ministry; and WHEREAS, the City of Bremerton joins hands with the surrounding communities in celebrating and sharing this historical moment; NOW, THEREFORE; I, Cary Bozeman, Mayor of the City of Bremerton, do hereby proclaim Sunday, October 22, 2006 as Ebenezer A.M.E. Church ,94th Anniversary Celebration Day SIGNED this 18th day of October, 2006. ~ Cary Bozeman, Mayor City of Bremerton 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 f.D P /Eraf)s ~ . ~&t~ H 1:7(( r IE SoyA ..... ~NN~~N~~NNNNNNN~~~N~N~NNNN~~~NNN~~NNN~~NNNN~~ f" Th'e' Knights 'of Coltimblis ,,'.. i I proudly presents the I ~ ,24th Annual Angelo J. Arena Memorial i s g ~ i ~ Italian i s 8 I Spaghetti f s g s g ~ Festa! i S 8 s g S 8 S ~ g ~ ~ i i ~! 1iF~" tl~! I S ' ~ I ~ i k ~ S 8 S g S ~ S 01 · g ~ ymp~c ~ S g S ~ S * S g S ~ ~ 3 S g S g S g S g S 8 S g S g S g $ g s i i DONATION $6.00 g~d~e(l 61~~'S;3.00 Under 6 Free! i S g ~~~~~~VJ~VJ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~t/J~~~:7 BILL # O~ -d 1'1 DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL SA ............~........................................................................... SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: if-I f? ---0 rp inanClal Serv1ces Cathy Johnson SUMMARY: ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: . OPERATIONS: COUNCIL PRESIDENT: CONSENT AGENDA 19] ~~/~'?~ RECOMMENDED MOTION: Move to approve: 1) Check #'s 3/0? 010 .-"J3/ R (J ?t EFT's CJ~93 -~5tJ ~ 03::J6 2) Regular Payroll for 3) Retiree Payroll for $ CO~'Ncr: AcTlo~~-~~:\~e-----D-~:~~;--- OTa~~~------[i-Continue o No Actinn AGENDA BILL CITY OF BREMERTON CITY COUNCIL 118:'-1!l,o'" :z ' ~',~ ", - . / c- - i']' C '7 .:> DA TE SUBMITTED: September 28, 2006 58 ........................................................................................ SUBJECT: Appointment to the Arts Commission Committee Meeting Date: Dc..\- ,\ COUNCIL MEETING Date: ~ I <<0 Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: There is a vacancy on the Arts Commission due to the resignation of Steven Goupil. It is recommended the vacancy be filled by Joanie D. Pearson. ATTACHMENTS: Applications for appointment. FISCAL IMP ACTS (Include Budgeted Amount): n/a APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ._"-~:p .,rO"., , , ~,\,'~, CONSENT AGENDA ~ ';1' RECOMMENDED MOTION: Move to confirm the appoin ment of Joanie D. Pu.rson to the Arts Commission. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ...m.........: - . . . , . . . . . :..:........ ~~. .........::.. I" e !-; ., . .,' .. '. . ..... ........:1 Application For City Boards! Commissions! Committee ::-; '-,,':':.".' :':';::.:-\' . . .-' -.. ',,' . . .. ...... . Note: As an applicant for a City Board, Commission or Committee, your name, address, and telephone nwnber will be available to the press and public. You will be contacted before any action is taken on your appointment. (please type or print clearly) Date: 06/05/06 Name: Joanie FffiST Darlene Pearson MIDDLE LAST Home Address: 3350 Narrows View LN NE #204 NUMBER S1REET Occupation: Marketing/Graphic Design Home Phone: (360) 782-2524 WA STAlE Bremerton CITY 98310 ZIP Employer: Olympic College - Communications Department Work Address: 1600 NUMBER Chester Ave SIREET Work Phone: (360) 475-7493 WA STATE Bremerton CITY 98310 ZIP Fax: (360) 475-7232 E-Mail: jpearson@olympic.edu Education: AAS in Graphic Design Local References (names and phone numbers): Gussie Schaeffer - 360.871.6543 Patrick Rominaigh Cooper - 360.471.3324 John Ales - 360.782.0751 I am interested in serving (please check one or more): D Disability Action Committee D Civil Service Commission (18 yrs. and older) o Urban Forest Committee o Public Access Citizens Advisory Committee D Community Development Block Grant Advisory Board D Youth Council D Safe Streets Steering Committee o Board of Appeals, HousingiBuilding Codes [gJ Other ~ (}mltLlssiC:Jv...; o Planning Commission (18 yrs. and older) o Parks & Recreation Commission o EtlricsCorrmlls~on o Parking Advisory Board o Mayor's Select Committee on Law Enforcement o Bremerton Housing Authority o Solid Waste Management o Citizen's Commission on Council Salaries Is this an application for reappointment? No If yes, how many years have you:served on this commission/committee? City AppoilltTIJmt Application J Page 1 00 Why are you applying for this appointment? lbelieve in Bremerton and its future. Everywhere you look you cali see Bremerton developing and growing. Art plays a big part this exciting transformation. My knowledge of art, eye for design, head for marketing, and my commitment to Bremerton would make me an invaluable asset to the Bremerton Arts Commission team. Which of your personal and/or professional interests prompted you to apply for this appointment? I believe that public art increases access to the artwork of today and connects our past to our future. I would like to help educate the public about art and its impact on enlivening our neighborhoods. The cooperation of artists and city developers help create a sense of pride and ownership in our community. I welcome the chance to be part ofthe team that helps beautify Bremerton through art. Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes, please list: No Please list your qualifications for this appointment (include skills, activities, training, education): I am a graphic designer with more than 13 years of project management and marketing experience. I am experienced in corporate, retail, visual display and ad design. I possess excellent communication and organizational skills, work well under pressure in fast-paced work environments, and excel at meeting and exceeding deadlines. My greatest assets are my commitment to excellence and professionalism - always giving my very best. ' Currently I am employed as the Creative Design Manager of Olympic College, where I manage the external brand identity of the college. I also provide instructional support to the Multimedia program on as needed basis. Additionally, my husband and I have recently started our own photography & graphic design business. Previous to Olympic College I was employed at Deloitte & Touche for six years as a Senior Designer. In this position I was recipient of two Deloitte Applause Awards for my outstanding work and perfonnance. I received my AAS from Westwood College and am in the process of finalizing bachelor's degree requirements. My future goals for education are to receive my Masters in Fine Arts with emphasis on art in education. What are your community interests (committees, organizations, special activities)? On top of working full-time, not-far-profit work has become an important creative outlet. These types of projects allow me to connect with various individuals in the community and to provide my graphic expertise to organizations that are in-need. Presently I volunteer marketing/graphic support and assist with curating shows for Metropolis, the Gallery. I have also volunteered marketing and graphic expertise for the Gay/Straight Alliance of Olympic College, Diversity Awareness month at Olympic College, and Seattle City Club's Civic Participation Month. I also offered marketing support for The Bridge Kids in Atlanta, GA, where I was the recipient of two honorary awards in appreciation for my support. Other volunteer activities have included the Tony White's Spring Tea and the United Way. We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at (360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed form to: Mayor's Office, 345 6th Street, Suite 600, Bremerton W A 98337. City Appointment Application Page 2 of3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL /1B#'Ob-07I~ SC DATE SUBMITTED: October 2, 2006 .......m.a..m.......o.m...................................a..E.........B.a..sBB8a....... SUBJECT: Purchase of 4 traffic signal cabinets off state bid list from Cascade Signal Corporation and 4 traffic signal controllers of state bid list from Econolite Inc. Committee Meeting Date: October 11,2006 COUNCIL ~fEETING Date: October 18, 2006 Department: PW&U, Electro Presenter: Bob Tulp Phone: 473-5357 SUMMARY: Staff recommends the purchase of 4 traffic signal cabinets and controllers. Each cabinet is $10,757 and each controller is $3,133.11 for a total of$55,562.60 including delivery. ATTACHMENTS.: Quote Cascade signal Corporation! Quote Econolite Inc. FISCAL IMPACTS: This is in the approved capital budget of the 102 Fund for 2006 APPROVALS: ~! 17 {/ /1 DEPARTMENTDIRECTOR:~~ ~~ /-- CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ,(~"~ \,~ 1 CONSENT AGENDA & RECOMMENDED MOTION: Move to approve purchase of 4 traffic signal cabinets from Cascade Corporation and 4 traffic signal controllers from Econolite Inc. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Sep-28-06 06:24A Cascade S;gnal Corp. 253 846-1653 P.01 CASCADE SIGNAL CORPORATION PMB #172 17719 PACIFIC Ave S. Spanaway WA 98387-8334 Phone: 253-846-8858; Fax 253-846-1653 CITY OF BREMERTON QUOTE Qty Description 1 P44 Cabinet Grey ANSI #61 PC, painted white inside Includes, new style DFTP, 2 card racks, and the following plug ins: 10 Reno C-1200, 2 channel detectors 1 Reno MMU 16 Reno Loadswitches 1 Reno flasher 6 FTR 50 KAA-10 Fuses Quote valid for 1 year FOB: Origin TERMS: Net 30 Days, On approved credit accounts Interest applied to past due invoices All merchandise sold is subject to lien laws CONFIDENTIAL 9/28/20068:34 AM Each Extended 9,887.44 SUB TOTAL 9,887.44 SALES TAX 870.10 TOTAL 10,757.54 Post-it* Fax Note 7671 Date Phone # From Co. Phone # Fax # 1693 brem cab Quote aECONOLITE ~..~ CON T R 0 L PROD U C T S, INC. Order Number: 48-3295 3360 E La Palma Ave Anaheim, CA 92806 714/630-3700 SALES ORDER ACKNOWLEDGEMENT THIS IS NOT AN INVOICE PLEASE DO NOT PAY Order Date: 06/09/06 Customer No: 17850 Rev Number: Rev Date: Page: 1 Sold To 17850 Ship To Mark Pk~s CITY OF BREMERTON CITY OF BREMERTON ATTN: JAMES DEAN JAMES DEAN ATTN: JAMES DEAN 100 OYSTER BAY AVE. N JAMES DEAN BREMERTON, WA 98312-3430 100 OYSTER BAY AVE. N USA BREMERTON, WA 98312-3430 USA P.O. Number I F.O.B. Tax Exemption No VISA ANAHEIM Ship Method Terms SalesPerson PREPAID Credit Card Jeff Wolf - 48 Line Schedule Tax No. illY Date ProducUDescri ption Liable Unit Price Total Price 07/18/06 ASC321 011100000 12 Yes 2,885.00 2,885.00' ASC/3 'CONTROLL.ER W/DAT A KEY,: ETH ERNET,9PIN' FS ANAHEIM 2 2 07/18/06 100-0903-001 12C Yes MANUAL, ADVANCED SYSTEM CaNT. ASC/3 PROGRAMM ANAHEIM 3 2 07/18106 100-0904-001 12 Yes MANUAL,ASC/3, MAINTENANCE ANAHEIM 4 07/18/06 MA2000012S0 12 Yes 4,800.00 4,800.00 ASC/2M MASTER CONTROLLER ANAHEIM 5 2 07/18/06 37525 12C Yes MANUAL ASC/2 M-1000 ZONE MSTR PRGRM GUIDE ANAHEIM 6 2 07/18/06 37528 12C Yes MANUAL ASC/2M-1000 ZONE MASTER MAINT ANAHEIM SHIP COMPLETE - NO PARTIALS OK TO SHIP EARLY BILLING, SHIPPING SEE NOTES Amount Subject to Sales Tax 7,685.00 Amount Exempt from Sales Tax 0.00 Subtotal: Total Sales Tax: 7,685.00 676.28 Total: 8,361.28 CUSTOMER ACKNOWLEDGEMENT DATE SUBMITTED: 10-3-06 AGENDA BILL CITY OF BREMERTON CITY COUNCIL tJ... h. ,..L .'M".-;-.")1i7 nv ~ V"&1 (,~ Sf) ................................................................a........................ SUBJECT: Reclassifcation of three (3) Firefighters to three (3) Lieutenants Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: 10-11-06 10-18-06 Fire Al Duke, Fire Chief 473-5381 SUMMARY: Through the labor negotiation process under Article 23 it was agreed to eliminate three (3) Firefighters position and add three (3) Lieutenants positions. With this reclassifcation the Fire Department will then be able to assign and have completed more of the administrative assignments. ATTACHMENTS: Staffing Authorization from budget book FISCAL IMPACTS (Include Budgeted Amount): None. Through the adoption of the Labor Agreement and the budget adjustment this item has been funded. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ,~ FISCAL/BUDGET: OPERA TIONS: COUNCIL PRESIDENT: I CONSENT AGENDA R11 if] RECOMMENDED MOTION: Move to authorize a re-classification of three(3) Firefighters positions to three (3) Lieutenant positions. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ST AFFING AUTHORIZATION - ALL DEP ARTMENTSIFUNDS SALARY CONTRACTS NOT SETTLED 2005 2006 2006 Monthly Salary Range JOB CLASSIFICATION BY DEPARTMENT BUDGET BUDGET Minimum Maximum City Auditor City Auditor 1.00 1.00 5,828 7,100 Council! Auditor Assistant 0.20 0.20 3,222 3,926 1.20 1.20 Police Department Police Chief 1.00 1.00 7,838 9,551 Police Captain 2.00 2.00 7,158 7,792 Police Lieutenant 3.00 3.00 6,339 6,896 Police Sergeant 7.00 7.00 5,483 5,963 Police Officer (One New Position, COPS Grant) 49.00 50.00 4,112 5,319 Home Detention Coordinator 1.00 1.00 3,416 4,019 Warrant Server 3.00 3.00 3,416 4,019 Police Administrative Analyst 1.00 1.00 4,227 5,151 Police Records Specialist II 5.00 5.00 2,909 3,416 Office Assistant Senior 4.00 4.00 2,760 3,233 Traffic Safety Officer (Position Eliminated) 1.00 Community Resource Specialist (New Position) 1.00 3,807 4,484 TOT AL STAFFING 77.00 78.00 Fire Department Fire Chief 1.00 1.00 7,838 9,551 Assistant Fire Chief 1.00 1.00 6,433 7,838 Battalion Chief 1.00 1.00 6,852 7,297 Fire Captain 3.00 3.00 6,495 6,917 Fire Captain - Deputy Fire Marshal 1.00 1.00 6,495 6,917 Fire Captain - Medical Officer 1.00 1.00 6,495 6,917 Firefighter/Fire Prevention 2.00 2.00 3,853 5,504 Fire Lieutenant 9.00 9,00 12 5,754 6,129 Firefighter 16.00 -l-&.oo 13 3,503 5,004 Firefighter / SCBA 3.00 3.00 3,643 5,542 Firefighter /Equip. Maint. 3.00 3.00 3,643 5,542 Paramedic/Firefighter 15.00 15.00 3,853 5,504 Office Assistant Sf. Spec. 1.00 1.00 3,062 3,604 Office Assistant II 1.00 1.00 2,487 2,909 58.00 58.00 r-LiEUTENANT 1 L~TA~~~"~~ (lJEUTENANTI ~TION1 B j (LIEUTENANT"l t_ST~TION 2 ~ !LIEUTENANT ) ~TATIO~ (LIEUTENANT] f STATION 3 A .........,-~~,-"~,--- rLlEu"TENANfl l STATION 3 B j _.-..........,~-~ RELIEF LIEUTENANT ~...._-,.,.~-'.,-,.."..._~ I RELIEF I t LIEUTENANT 1 ~""""""'''''''''~_7''''''''''''''''~ Bremerton Fire Department MED SVS CAPTAIN FIRE MARSHAL r"LIEUTENANT! ! STAT~ FF/lNSPECT FF I MECH FF/lNSPECT (liEUTENANT''''" !, : STATION 2 C j '--., ..,J rLiEUTENANT ~') j STATION 3 C ! '--_.____....:.-J RELIEF LIEUTENANT DATE SUBMITTED: September 25,2006 BILL # Ob.-;),18 AGENDA BILL CITY OF BREMERTON ciTy COUNCIL 5E ........................................................................................ SUBJECT: Ordinance No. 'iqS.;>.. amending BMC 2.09.060 relating to the duties of the Human Resources Manager Committee Meeting Date: October 11, 2006 COUNCIL MEETING Date: October 18, 2006 Department: City Attorney's Office Presenter: Ken Bagwell Phone: 473-2345 SUMMARY: RCW 10.97.050 requires an ordinance authorizing Human Resources to request background checks for all new hires. The proposed ordinance amends BMC 92.09.060 to provide the proper authority for Human Resources to request the background check. ATTACHMENTS: Proposed ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: Move to pass Ordinance No. 4q B J. amending BMC 2.09.060. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. 4~B;J. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 2.09.060 of the Bremerton Municipal Code relating to the duties of the Human Resources Manager. WHEREAS, the current provisions of Section 2.09.060 of the Bremerton Municipal Code relating to the duties of the Human Resources Manager do not give the Human Resources Manager the authority to request background checks for new hires pursuant to RCW 10.97.050; and WHEREAS, RCW 10.97.050 requires an ordinance authorizing the dissemination of records of arrest, charges, or allegations of criminal conduct or other non-conviction data for a specific purpose such as background checks; and WHEREAS, the City Council desires to amend the provisions of Section 2.22.030 of the Bremerton Municipal Code in order to authorize the Human Resources Manager to request background checks for all new hires; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.09,060 of the Bremerton Municipal Code entitled "Office of Human Resources Created - Duties" is hereby amended to read as follows: 2.09.060 OFFICE OF HUMAN RESOURCES CREATED - DUTIES. There is hereby created the Office of Human Resources. The division shall be managed by the Human Resources Manager. It shall be the duty of the Human Resources Manager to: (a) Assist City departments with recruitment, testing and hiring as applicable (b) Advise City departments on professional personnel management practices including performance evaluations and employee relations. (c) Support City labor negotiator and negotiations advisory team. (d) Conduct employee training and counseling. (e) Administer employee benefit programs. (f) Maintain personnel records. (g) Perform salary surveys. (h) Serve as liaison between the administration and Civil Service Commission. (i) Coordinate temporary placements in support of the City Workers Compensation Program. (i) Request background checks for all new hires. The Human Resources Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 1 Human Resources Manager - Duties SECTION 2. 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 of this ordinance and the same shall remain in full force and effect. SECTION 3. 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 ,2006 CECIL McCONNELL, Council President Approved this day of ,2006 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\Legal\Legal\Ordinances\Human Resources\Manager Duties.doc 2 Human Resources Manager - Duties DATE SUBMITTED: October 6,2006 BILL # 0(-; - a/ 1 AGENDA BILL ...................................~~~:~~.~~~~.~~.......................~~..., Presenter: Phone: October 11, 2006 October 18, 2006 Public Works & Utilities Dan Miller 473-2314 SUBJECT: EP A Grant Acceptance - Phase II Environmental Site Assessment - Old Bremerton Gasworks & McConkey/Sesko Properties Committee Meeting Date: COUNCIL MEETING Date: Department: SUMMARY: The Environmental Protection Agency (EP A) has provided the City a Phase II - Environmental Site Assessment Grant in the amount of $200,000 to facilitate the revitalization of the Old Bremerton Gasworks and McConkey/Sesko properties. These properties are located in the vicinity of 1725 Pennsylvania Avenue (See attached Vicinity Map). The City staff, in conjunction with EP A's Office of Brownfields Cleanup and Development, shall administer this Grant. ATTACHMENTS: Council Summary; Vicinity Map; Attachments A, B, C, and D; and U.S. EPA - Cooperative Agreement/Notice of Award, dated 9/19/06 FISCAL IMPACTS (Include Budgeted Amount): EPA Grant fund has been offered at $200,000 with no City monetary match required as acceptance to this Grant. Currently there is no budget authority to spend these funds. This project is not included in the 2006 budget. A budget adjustment is requested for the receipt and expenditure of these funds. APPROVALS: /~~/"J DEPARTMENT DIRECTOR: '--~:::.-~/.. CITY ATTORNEY: ""-' . ( FINANCE DIRECTOR: MAYOR: .-;. ~) CONSENT' AGENDA .Eif . i:> FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: That City Council accepts the EPA- Contract Agreement in the Grant amount of $200,000, and authorizes the Mayor to finalize and execute the Contract, and amend the 2006 budget for Fund 308 "General Government Improvement" for receipt and expenditure of these funds. COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action COUNCIL SUMMARY ENVIROMENT AL PROTECTION AGENCY GRANT PHASE II - ENVIROMENT AL SITE ASSESSMENT OLD BREMERTON GASWORKS & MCCONKEY /SESKO PROPERTIES Project Description The site, located at 1725 Pennsylvania Ave., Bremerton, W A, consists of three legal parcels bounded by Thompson Drive to the west, Pennsylvania Avenue and residential properties to the east, the Port Washington Narrows waterway to the north, and another property parcel to the south. For the purpose of this document, the parcels are described as the McConkey (middle and north) and Sesko parcels. See ATTACHMENT A. This site and adjacent properties currently are used for light industrial purposes and storage of various materials, including boat parts and metar debris. Historic uses include a coal gasification plant, petroleum bulk storage and distribution plant, concrete manufacturing plant, sheet metal fabricator, drum storage facilities, boat/vehicle repair facilities, sandblasting, painting, electroplating operations, and salvage yard. Conditions of known or potential environmental concerns are based on historical operations. An abandoned underground fuel pipeline that once connected an adjacent petroleum bulk plant to a former fuel dock reportedly leaked at one time though no details were provided. Residue deposits and dark stained areas have been observed in historical aerial photographs as noted in the Phase 1 Environmental Site Assessment (ESA) from 1997. The Washington State Department of Ecology (DOE) became involved in the 1990s in response to reports of oil seeps on the Sesko parcel and Port Washington Narrows shoreline. The DOE conducted multiple visits and the site is included on the Confirmed and Suspected Contaminated Sites List (CSCSL). The properties likely became contaminated through the leaks, spills, and discharges from fuel storage and operations conducted on site. Releases likely occurred in the 1920s- 1980s. The Site plan in ATTACHMENT B shows the property locations and land overlay from the Phase 1 ESA by Environmental Associates in 1997 and ATTACHMENT C shows proposed exploration locations to evaluate the potential for contaminated soil and possible groundwater impacts by GeoEngineers for the McConkey/Sesko properties in 2005. The adjacent property, to the east, formerly used as a petroleum bulk plant, is included in the state's "Confirmed or Suspected Contaminated Site's List" (CSCSL) based on confirmed petroleum related soil and groundwater contamination identified. Existence of migrating petroleum is possible. Contaminants known or potentially present include petroleum hydrocarbons, metals volatile organic compounds (VOCs), semi-volatile organic compounds (SVOCs, including polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyl's (PCBs) and byproducts associated with manufactured gas plants. Information pertaining to groundwater, surface water, oil seep, or subsurface soil conditions at the site has not been identified. Only two soil samples and one sediment sample have been obtained previously and tested for SVOCs. P AHs were found at concentrations exceeding state cleanup levels. The City of Bremerton (the City) will facilitate the revitalization of this community in cooperation with their partners and interested parties. Because of the complexity of the site characterization needed and the long industrial site history, it is anticipated that assessment costs could exceed $500,000. Therefore, in addition to the $200,000 funding provided through this grant, the City will need to seek alternate funding sources, including the EPA Targeted Brownfields Assessment program, and Washington State Department of Ecology to complete the analyses required to completely assess this site and obtain state concurrence. The Old Bremerton Gas Plant Park & Property Development project will transform an austere section of Bremerton waterfront while providing increased availability and accessibility of public amenities and jobs to very low, low-moderate-income residents. The development of marine-related businesses and light industrial facilities (see ATTACHMENT D, outlining a proposed redevelopment plan) will stimulate economic development within this entire community that will result in a healthy commercial tax base and ease the burden on local taxpayers. 0 ATTACHMENT A Project Area & Vicinity Map A TT ACHMENT B FINAL Submitted 12-14-05 Grant-Solutions: K Byrne-Sarrantes ell,. of Ilrrllll'rlon - Old Urt'IRfrlon GllS 1'!;U11I'ark & l'roIK'!"l)' Iwnlopfllt'R1 Pn1f'ofi.al f(T EP,\ BrO\\lI.iehltl t.l'eU'oJc:.'IUI1) A~bf'S"~lJu:nl Gmt. )~ITO..,h-,,,, ..'Oi;S I I I I I I I I' I I .. . I' I I' i" I ,; I. I: " I. I ,: ", 1...,-..) II...... g _I VlIr:anl ,...--, , o Currer.I cl<!vclo/>ment""""kllnii& ES f n"ne~ developrncnl5/builSnga. -.. -"'. Approximate loc.a1ion of fuel pipcf.no '" C9 ill B-3 a:l I --~ "OI*"llSftft~ ~. c.,..AHt~ . _-"-loW ! V~~oIItIrt..f'/CllIf -, :B-7 '~llil't'..\IitW'r. GI.tr...,...,~ ~-- B-2 '''"IlJ lal't Sb'198 ! P~baQt ~==:""I ,............,...-.w'e m~\...r~. B-9 B.1 ...-,,"'" ,.... "f.ehI:&~Ncd~ ~~IrF.IlIr . B.10 -....... b'\""~ ""'_.... B-11 .... ~: pa..... i If I ".,,~-------l 1...-.1 ~ 1i Q ~ III Il.. C<MmId80ot8Iorllllf"llIl1 ~ (fo......C""""", "''''''_1 ~ I f .',........... t:>r,.......,,~DotlI~~f.__ ....,.......,~..#aI;....~r Legend _-.- Subject ~opo<tr bouodaty .- - Plopetff ..... Nol.: );g:,.",;,~~~.r.~~lr:~r:'I1l'. - .If . 1- ~ ~ ::s q ~ ~ ~ !g ~ Il Pactr.. eoa.. E_ Pmlrle B 1...w....1 B B ! Pn>babl. d'_of r ----- groundwalorllow ~ft. ENVIRONMENTAL AS~OCJATES, me. SITE PLAN j-' ',"Z":' " -. -_.!J '1 ,1<').. p,- J1:;:.:.~,. .~.- 21::1- JUIIIAu1tvtN.l:..Sw-, 0..100 PtUnlJt', W.,hm.crbfJ ?)(iOl Pcnn PIIIZ8 1727 Pennsylvania Avenue Bremerton. WashIngton Job NU17ftJ<<: pt~/t!: IN 7328 6 2J ATTACHMENT C Middle McConke~ Par",,' llndu.trial Park) o Direct-Push Soil Boring @ Dlroct.Push Soil Boring with GroundWatllf Sample DRAFT North McConke~ Parcel - Former Coal Gasification _ Plant Area Sandbluting Area Former Adj;lCl!nt Peltoleum - Bulk Plant Property - 5esko Parcel ~ "dlaeent Peltoleum Buill Pla"t Property __ Former Petrol9um Bulk Plant Area Fonner Concr..... Manufacturing Plllnt South McConke~ p.,cel '" ~ ;ij l1. 11. co NoUl: The hand augOl borings and product ...p sampling Ioc:;rlions are nol shown on lIlIs figure. These aampllnlllocalions will be dOlermined based on the observed lout;ans 0\ the spent sandblaslgrit, surface staining, and product seep. 1i '" <t> ..; ri N .S: ~ o ~ ., o ~ ~ '" PROPOSED EXPLORATION LoeA T10NS GEoENGINEERS .9 t:;;~?; ;;~l~:<'e" rC'~t!~;;U:::'i FIGURE 6 A 1'1' ACHMENT D r I I I I I I I I I I I I I I I I I I I 11", ,-~-~. 1("'" 1.I'l,'j:/m D-~- L ."'" - - ~_. - .) ,__ w'-, ......., 1.\..... ASSISTANCE ID NO. #'E.O S"..q~ U.S. ,ENVIRONMENTAL PRG I DOCID IAMEND# DATE OF AWARD ..::1 .ft. >1'. PROTECTION AGENCY SF - 96046501 - 0 09/19/2006 r~\ TYPE OF ACTION MAILING DATE \ ~~<C New 09/26/2006 Cooperative Agreement PAYMENT METHOD: ACH# ~.ql. PR01~6 X0128 RECIPIENT TYPE: Send Payment Request to: Municipal Las Vegas Finance Center FAX # 702-798-2423 RECIPIENT: PAYEE: City of Bremerton City of Sremerton 345 6th Street, Suite 600 3027 Olympus Drive Sremerton, WA 98337 Bremerton, WA 98310 EIN: 91-6001231 PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Phil Harmon Williams Joanne Labaw Kathy Tsing-Choy 345 6th Street, Suite 600 1200 Sixth Avenue, ECL-115 Grants Administration Unit, OMP-145 Bremerton, W A 98337 Seattle, WA 98101 E-Mail: Tsing-Choy.Kathy@epa.gov E-Mail: phil.williams@cLbremerton.wa.us E-Mail: Labaw.Joanne@epamail.epa.gov Phone: 206-553-4688 Phone: 360-473-5315 Phone: 206-553-2594 PROJECT TITLE AND DESCRIPTION Old Sremerton Gasworks and Sesko Properties Petroleum Assessment and Restoration Planning This project is to conduct environmental site assessments at the Bremerton Gasworks site. This project also includes a community involvement component. > BUDGET PERIOD I PROJECT PERIOD TOTAL BUDGET PERIOD COST r TOTAL PROJECT PERIOD COST 10/01/2006 - 09/30/2009 10/01/2006 - 09/30/2009 $200,000.00 $200,000.00 NOTICE OF AWARD Based on your application dated 07/31/2006, including all modifications and amendments, the United States acting by and through the US Environmental Protection Agency (EPA), hereby awards $200,000. EPA agrees to cost-share 100.00% of all approved budget period costs incurred, up to and not exceeding total federal funding of $200,000. Such award may be terminated by EPA without further cause if the recipient fails to provide timely affirmation of the award by signing under the Affirmation of Award section and returning all pages of this agreement to the Grants Management Office listed below within 21 days after receipt, or any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory provisions are 40 CFR Chapter 1, Subchapter B, and all terms and conditions of this agreement and any attachments. ISSUING OFFICE (GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION / ADDRESS ORGANIZATION / ADDRESS EPA Region 10 U.S. EPA, Region 10 Mail Code: OMP-145 Office of Environmental Cleanup 1200 Sixth Avenue 1200 Sixth Avenue Seattle, WA 98101 Seattle, WA 98101 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY SI.?~~RE ';~~.D ~'}PIA~/:,., I TYPED NAME AND TITLE I DATE ,h. ,1.<.,~--- /7, " /,d /J' ., /( ,F~' Daniel D. Opalski, Director - Office of Environmental Cleanup 09/19/2006 ,;./~'; - ,"::-:;//V /;7 /" AFFIRMATION OF AWARD I / ./ / / // ~Y AND ON BEHALF OF THE DESIGNATED RECIPIENT ORGANIZATION SIGNATUR(::_ .-.-. ~/ f.-./' ~ TYPED NAME AND TITLE I DA~_ '/ f7T / Cary Edward Bozeman, Mayor '7/..zT /t1J t5 f SF - 96046501 - 0 Page 1 Page 1 EPAFunding Information BF - 96046501 - 0 Page 2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action $ $ 200,000 $ 200,000 EPA In-Kind Amount $ $ $ 0 Unexpended Prior Year Balance $ $ $0 Other Federal Funds $ $ $0 Recipient Contribution $ $ $0 State Contribution $ $ $0 Local Contribution $ $ $0 Other Contribution $ $ $0 Allowable Project Cost $0 $ 200,000 $ 200,000 Assistance Program (CFDA) Statutory Authority Regulatory Authority 66.818 - Brownfields Assessment and Cleanup CERCLA: Sec. 104(k)(2) 40 CFR PART 31 Cooperative Agreements Fiscal Site Name DCN FY Approp. Budget PRC Object Site/Project Cost Obligation / Code Organization Class Organization Deobligation BREMERTON NEG02f 200E E4 10N4AG7 402D79EBP 4114 G0470ROO - 200,000 , I I I I I I '-IAr, f"\flr, ,,-uu.uuvl Page 2 BF - 96046501 - 0 Page 3 Planning Budoet Summary Page: Old Bremerton Gasworks and Sesko Properties Petroleum Assessment and Restoration Table A - Object Class Category Total Approved Allowable (Non-construction) Budget Period Cost 1. Personnel $16,000 2. Fringe Benefits $0 3. Travel $2,000 4. Equipment $0 5. Supplies $500 6. Contractual $181,500 7. Construction $0 8. Other $0 9. Total Direct Charges. $200,000 10. Indirect Costs: % Base $0 11. Total (Share: Recipient 0.00 % Federal 100.00 %.) $200,000 12. Total Approved Assistance Amount $200,000 13. Program Income $0 14. Total EPA Amount Awarded This Action $200,000 15. Total EPA Amount Awarded To Date $200,000 Page 3 SF - 96046501 - 0 Page 4 Administrative Conditions 1. Payment Information All recipients must be enrolled to receive funds electronically via the EPA-EFT Payment Process. This electronic funds transfer process was initiated by EPA in response to the Debt Collection Improvement Act of 1996, P.L. 104-134 that requires all federal payments be made via Direct Deposit/Electronic Funds Transfer(DD/EFT). By signing the assistance agreement you are agreeing to receive payment electronically. In order to receive payments electronically, the ACH Vendor/ Miscellaneous Payment Enrollment Form (SF3881) must be completed and faxed to Marge Pumphrey at (702) 798-2423. After reviewing and processing the SF3881, the Las Vegas Finance Center (L VFC) will send you a letter assigning you an EFT Control Number, an EPA-EFT Recipient's Manual, and the necessary forms for requesting funds and reporting purposes. If you need further assistance regarding enrollment, please contact Marge Pumphrey at (702) 798-2492 or bye-mail to: pumphrey.margaret@epa.gov. Any recipient currently using the Automated Standard Application for Payments (ASAP) system with another government agency should contact Marge Pumphrey at (702) 798-2492 or e-mail to: pu mphrey .margaret@epa.gov. Under any of the above payment mechanisms, recipients may request/draw down advances for their immediate cash needs, provided the recipient meets the requirements of 40 CFR 30.22(b) or 40 CFR 31.21 (c), as applicable. Additionally, recipients must liquidate all obligations incurred within 90 calendar days of the project period end date. Therefore, recipients must submit the final request for payment, and refund to EPA any balance of unobligated cash advanced within 90 calendar days after the end of the project period. 2. Cost Principles/Indirect Costs Not Included (All Organizations) The cost principles of OMB Circular A-21 (Educational Institutions), A-87 (State, Local or Indian Tribal Governments), or A-122 (Non-Profit Organizations) are applicable, as appropriate, to this award. Since there are no indirect costs included in the assistance budget, they are not allowable under this Assistance Agreement. 3. Financial Status Reports (FSRs) and Federal Cash Transactions Reports INTERIM FSR If the budget period is longer than one year, or if the agreement is revised to extend the budget period beyond one year, the recipient must submit an annual FSR within 90 days after the end of each anniversary of the agreement. The interim report may be faxed to (206) 553-4957 or mailed to: US Environmental Protection Agency Grants Administration Unit 1200 Sixth Avenue, OMP-145 Seattle, W A 98101 For agreements with multiple budget activities, separate FSRs must be provided for each of the activities, sites, or budgets, as applicable. FINAL FSR The Financial Status Report (FSR), Standard Form 269.A (or Standard Form 269 if program income is generated), for this award is due to EPA no later than 90 days after the budget period expires. FEDERAL CASH TRANSACTIONS REPORTS Page 4 The recipient will provide timely reporting of cash disbursements and balances through semi-annual submission (within fifteen (15) days after June 30 and December 31 of each calendar year) of a Federal Cash Transactions Report (SF-272). The Final FSR and Federal Cash Transactions Reports may be faxed to (702) 798-2423 or mailed to: US Environmental Protection Agency Las Vegas Finance Center P.O. Box 98515 Las Vegas, NV 89193-8515 For additional information, please contact Marge Pumphrey at (702) 798-2492 or email: Pumphrey. Marqaret@epa.qov. 4. Audit Requirements The recipient agrees to comply with the requirements of OMB Circular A-133, "Audits of States, Local Governments, and Non-Profit Organizations." 5. Hotel and Motel Fire Safety Act Effective October 1 , 1994, the recipient agrees to ensure that all conf!3rence, meeting, convention, or training space funded in whole or in part with Federal funds, complies with the Hotel and Motel Fire Safety Act of 1990. 6. Recycled Paper ALL APPLICANTS: In accordance with EPA Order 1000.25 and Executive Order 13101, Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition, the recipient agrees to use recycled paper for all reports which are prepared as a part of this agreement and delivered to EPA. This requirement does not apply to reports prepared on forms supplied by EP A, or to Standard Forms, which are printed on recycled paper and are available through the General Services Apministration. Please note that Section 901 of E.O. 13101, dated September 14, 1998, revoked E.O. 12873, Federal Acquisition, Recycling, and Waste Prevention in its entirety. STATE AGENCIES AND POLITICAL SUBDIVISIONS: Any State agency or agency of a political subdivision of a State which is using appropriated Federal funds shall comply with the requirements set forth in Section 6002 of the Resource Conservation and Recovery Act (RCRA) (42 U.S.C. 6962). Regulations issued under RCRA Section 6002 apply to any acquisition of an item where the purchase price exceeds $10,000 or where the quantity of such items acquired in the course of the preceding fiscal year was $10,000 or more. RCRA Section 6002 requires that preference be given in procurement programs to the purchase of specific products containing recycled materials identified in guidelines developed by EPA. These guidelines are listed in 40 CFR 247. STATE AND LOCAL INSTITUTIONS OF HIGHER EDUCATION, HOSPITALS, AND NON-PROFIT ORGANIZA TlONS: Pursuant to 40 CFR 30.16, State and local institutions of higher education, hospitals, and non-profit organizations that receive direct Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to EPl\'s guidelines. 7. Lobbying ALL RECIPIENTS: The recipient agrees to comply with Title 40 CFR Part 34, New Restrictions on Lobbying. The recipient shall include the language of this provision in award documents for all subawards exceeding $100,000, and require that subrecipients submit certification and disclosure forms accordingly. In accordance with the Byrd Anti-Lobbying Amendment, any recipient who makes a prohibited expenditure Page 5 under Title 40 CFR Part 34 or fails to file the required certification or lobbying forms shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such expenditure. PART 30 RECIPIENTS: All contracts awarded by a recipient shall contain, when applicable, the anti-lobbying provision as stipulated in the Appendix at Title 40 CFR Part 30. Pursuant to Section 18 of the Lobbying Disclosure Act, the recipient affirms that it is not a nonprofit organization described in Section 501 (c)(4) of the Internal Revenue Code of 1986; or that it is a nonprofit organization described in Section 501 (c)(4) of the Code but does not and will not engage in lobbying activities as defined in Section 3 of the Lobbying Disclosure Act. 8. Lobbying and Litigation ALL RECIPIENTS: Pursuant to EPA's annual Appropriations Act, the chief executive officer of this recipient agency shall require that no grant funds have been used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. As mandated by this Act, the recipient agrees to provide certification to the award official via EPA Form 5700-53, Lobbying and Litigation Certificate, within 90 days after the end of project period. Recipient shall abide by its respective OMB Circular (A-21 , A-87, or A-122), which prohibits the use of federal grant funds for litigation against the United States. Any Part 30 recipient shall abide by its respective OMB Circular (A-21 or A-122), which prohibits the use of Federal grant funds to participate in various forms of lobbying or other political activities. 9. Suspension and Debarment Recipient shall fully comply with Subpart C of 40 CFR Part 32, entitled "Responsibilities of Participants Regarding Transactions." Recipient is responsible for ensuring that any lower tier covered transaction, as described in Subpart B of 40 CFR Part 32, entitled "Covered Transactions," includes a term or condition requiring compliance with Subpart C. Recipient is responsible for further requiring the inclusion of a similar term or condition in any subsequent lower tier covered transactions. Recipient acknowledges that failing to disclose th~ information required under 40 CFR 32.335 may result in the delay or negation of this assistance agreement, or pursuance of legal remedies, including suspension and debarment. Recipient may access the Excluded Parties List System at http://www.epls.qov.This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment, Suspension, and Other Responsibility Matters." 10. Small and Disadvantaged Business Utilization Requirements (Non-SRF Recipients) The recipient agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under assistance agreements: (a) The recipient accepts the applicable FY2003 Minority Business Enterprise (MBE)/Womens' Business Enterprise (WBE) "fair share" goals/objectives negotiated with EPA by your organization or the Washington Office of Minority and Women's Business Enterprises as follows: Purchased Goods: 8% MBE Purchased Services: 10% MBE Professional Services: 10% MBE 4% WBE 4% WBE 4% WBE (b) The recipient agrees to ensure, to the fu!iest extent possible, that at least the applicable 'Ifair share!' objectives of Federal funds forprime contractsorsubcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. (c) The recipient agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. Page 6 (d) The recipient agrees to follow the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40 CFR 31.36(e), or 40 CFR 35.6580, as appropriate, and retain records documenting compliance. (e) The recipient agrees to submit an EPA form 5700-52A, "MBE/WBE Utilization Under Federal Grants, Cooperative Agreements and Interagency Agreements" as follows: For grants awarded under 40 CFR Part 35, Subpart A (refer to the Regulatory Authority box shown in the middle of Page 2 of the Assistance Agreement/Amendment), reports are due annually by October 30 of each year (covers the Federal Fiscal Year October 1 - September 30). For Assistance Agreements/Amendments with institutions of higher education, hospitals and other non-profit organizations awarded under the Regulatory Authority of 40 CFR Part 30, reports are due annually by October 30 of each year (covers the Federal Fiscal Year October 1 - September 30). Grants awarded under any other Regulatory Authority are due Quarterly. These reports are due beginning with the Federal Fiscal Year quarter the recipient receives the award and continuing until the project period ends. These reports must be submitted within 30 days of the end of the Federal Fiscal Quarter (due dates are January 30, April 30, July 30, and October 30). All reports must be submitted to the Grants Administration Unit, OMP-145, 1200 Sixth Avenue, Seattle, W A 98101. For further information, please contact Valerie Badon at (206) 553-1141, email: Badon. Valerie@epa.qov. (f) If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the recipient agrees to notify EP A in advance of any race and/or gender conscious action it plans to take to more closely achieve the "~air share" objective. EPA may take corrective action under 40 CFR Parts 30, 31, and 35, as appropriate, if the recipient fails to comply with these term and conditions. 11. Small Business in Rural Areas (SBRA) If a contract is awarded under this assistance agreement, the recipient is also required to utilize the following affirmative steps: (a) Place SBRAs on solicitation lists. (b) Make sure that SBRAs are solicited whenever there are potential sources. (c) Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by SBRAs. (d) Establish delivery schedules, where the requirements of work permit, which would encourage participation by SBRAs. (e) Use the services of the Small Business Administration and the Minority Business Development Agency of the U.S. Department of Commerce, as appropriate. (f) Require the contractor to comply with the affirmative steps outlined above. There is no formal reporting requirement for SBRAs at this time; it is recommended that the recipient keep records of SBRA participation. . . . ,. 12. Payment to Consultants EPA participation in the salary rate (excluding overhead and travel) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule, to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. As of January 1, 2006, Page 7 the limit is $548.16 per day ($68.52 per hour). This rate does not include overhead or travel costs and the recipient may pay these in accordance with its normal travel practices. Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, as applicable, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.36(j)(2), as applicable, for additional information. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages", and select "Executive Schedule". The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. Proqrammatic Conditions 1. The attached "Brownfields Assessment Grant Terms and Conditions 2006" is incorporated with this assistance agreement. @J~l.' G 2005 B F Assessment. doc' END OF ASSISTANCE AGREEMENT NO. BF-960465-01-0 Page 8 Brownfields AsseSSlllent Grant Terms and Conditions 2006 I. GENERAL FEDERAL REQUIREMENTS NOTE: For the purposes of these Terms and Conditions the term "assessment" includes, eligible activities under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) l04(k)(2)(A)(i) such as activities involving the inventory, characterization, assessment, and planning relating to brownfield sites as described in the EP A approved work plan. A. Federal Policy and Guidance 1. a. Cooperative Agreement Recipients: In implementing this agreement, the cooperative agreement recipient (CAR) shall insure that work done with cooperative agreement funds complies with the requirements of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 104(k). The CAR shall also ensure that assessment activities supported with cooperative agreement funding comply with all applicable Federal and State laws and regulations. b. CERCLA 104(g) requires that recipients comply with the prevailing wage rate requirements under the Davis-Bacon Act of 1931 for construction, repair or alteration contracts "funded in whole or in part" with funds provided under this' agreement. If the CAR uses funds awarded under this agreement to contract for construction, repair or alteration work, it must obtain recent and applicable wage rates from the U.S. Department of Labor and incorporate them into the construction, alteration or repair contract. c. The recipient agrees to comply with Executive Order 13202 (Feb. 22, 2001, 66 Fed. Reg. 11225 ) of February 17, 2001, enti tIed "Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects," as amended by Executive Order 13208 (April 11, 2001, 66 Fed. Reg. 18717) of April 6, 2001, entitled "Amendment to Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects. d. The recipient must comply with Federal cross-cutting requirements. These requirements include but are not limited to, MBE/WBE requirements found at 40 CFR 31.36(e) or 40 CFR 30.44(b); OSHA Worker Health & Safety Standard 29 CFR 1910.120; the Uniform Relocation Act; National Historic Preservation Act; Endangered Species Act; and Permits required by Section 404 of the Clean Water Act; Executive Order 11246, Equal Employment Opportunity, and implementing regulations at 41CFR 60-4; Contract Work Hoursand Safety Standards Act, as amended (40 USC 327-333) the Anti Kickback Act (40 USC 276c) and Section 504 of the Rehabilitation Act of 1973 as implemented by Executive Orders 11914 and 11250. B. Eligible Brownfields Site Determinations 1. a. The CAR must provide information to EP A about si te-specific work prior to incurring any costs under this cooperative agreement for sites that have not already been pre-approved in the CAR's work plan by the EPA. The information that must be provided includes whether or not the site meets the definition of a brownfield site as defined in S101(39) of CERCLA, the identity of the owner, and the date of acquisition. b. If the site is excluded from the general definition of a brownfield, but is eligible for a property-specific funding determination, then the CAR must provide information sufficient for EP A to make a property-specific funding determination. The CAR must provide sufficient information on how financial assistance will protect human health and the environment, and either promote economic development or enable the creation of, preservation of, or addition to parks, greenways, undeveloped property, other recreational property, or other property used for nonprofit purposes. The CAR must not incur costs for assessing sites requiring a property- specific funding determination by EP A until the EP A Project Officer has advised the CAR that the Agency has determined that the property is eligible. 2 a. For any petroleum contaminated brownfield site that is not included in the CAR's EP A approved work plan, the CAR shall provide sufficient documentation to the EP A prior to incurring costs under this cooperative agreement which includes (see the latest version of EP A's Proposal Guidelines for Browrzfields Assessment, Revolving Loan Fund and Cleanup Grants for discussion of this element): (1) that a State has determined that the petroleum site is of relatively low risk, as compared to other petroleum-only sites in the State, (2) that the State detennines there is "no viable responsible party" for the site; (3) that the State detennines that the person assessing or investigating the site is a person who is not potentially liable for cleaning up the site; and (4) that the site is not subject to any order issued under section 9003(h) of the Solid Waste Disposal Act. This documentation must be prepared by the CAR or the State following contact and discussion with the appropriate petroleum program official. b. Documentation must include the identity of the State program official contacted, the State official's telephone number, the date of the contact, and a summary of the discussion relating to the state's detennination that thp. c~tp 1(' nf n::d <:lti Hp.l\f Iou., 11.,,1- th'::lt th.pn~;s ltr\ ,;~r..lhic. T'oc'r\r--"'n";b1a .........nrt...' \. 1'-' VA....V ..I.>J V.1 .!"'-'.AUL.1 Y'v.1J.1 l'V.l In.., l.1H..U.. Lll\..-.lv 1 IlV Y1UUl\...- IvvpVl 0'1 lv 1-'Ull] and that the person assessin.g or investigating the site is. a person vvho is not potentially liable for cleaning up the site. Other documentation provided by a State to the recipient relevant to any of the determinations 2 by the State must also be provided to the EP A Project Officer. c. If the State chooses not to make the determinations described in 2.a. above, the CAR must contact the EP A Project Officer and provide the information necessary for EP A to make the requisite determinations. d. EP A must also make all determinations on the eligibility of petroleum contaminated brownfield sites located on Indian tribal lands. Prior to incurring costs for these si tes, the CAR must contact the EP A Project Officer and provide the information necessary for EP A to make the determinations described in 2.a. above. II. GENERAL COOPERATIVE AGREEMENT ADMINISTRA TIVE REQUIREMENTS A. Term of the Agreement 1. The term of this agreement is three years from the date of award, unless otherwise extended by EPA at the CAR's request. 2. If after 1 \12 years from the date of award, EP A determines that the CAR has not made sufficient progress in implementing its cooperative agreement, the Agency may terminate this agreement. 3. Assessment funding for any eligible brownfield site may not exceed $200,000 unless a waiver has been granted by EP A and then funding is not to exceed $350,000 at the site subject to the waiver. B. Substantial Involvement 1. The U.S. EPA may be substantially involved in overseeing and monitoring this cooperative agreement. a. Substantial involvement by the U.S. EPA generally includes administrative activities such as: monitoring; review of project phases; and approval of substantive terms included in professional services contracts. b. Substantial EP A involvement also includes brownfields propelty-specific funding determinations described in LB. under Eligible Brownfields Site Detemlinations above. If the CAR awards a subgrant for site assessment, the CAR must obtain technical assistance from EP A on which sites qualify as a brownfield site and determining whether the statutory prohibition found in section 104(k)(4)(B)(i)(IV) of CERCLA applies. This prohibition precludes the subgraiitee from using EPA funds to assess a site for which the subgrantee is potentially liable under 9107 of CERCLA. 3 c. Substantial EPA involvement may include reviewing financial and environmental status reports; and monitoring all reporting, record-keeping, and other program requirements. d. EPA may waive any of the provisions in term and condition IT.B.l., with the exception of property-specific funding determinations. EP A will provide waivers in writing. 2. Effect of EPA's substantial involvement includes: a. EPA's review of any project phase, document, or cost incurred under this cooperative agreement, will not have any effect upon CERCLA S128 Eligible Response Site determinations or for rights, authorities, and actions under CERCLA or any Federal statute. b. The CAR remains responsible for ensuring that all assessments are protective of human health and the environment and comply with all applicable Federal and State laws. c. The. CAR and its subgrantees remain responsible for incurring costs that are allowable under the applicable OMB Circulars.. C. Cooperative Agreement Recipient Roles and Responsibilities 1. The CAR must acquire the services of a qualified environmental professional(s) to coordinate, direct, and oversee the brownfields assessment activities at a particular site, if they do not have such a professional on staff. 2. The CAR is responsible for ensuring that contractors and subgrant recipients comply with the terms of their agreements with the CAR, and that agreements between the CAR and subgrant recipients and contractors are consistent with the terms and conditions of this agreement. 3. Subgrants are defined at 40 CFR 31.3. The CAR may not subgrant to for-profit organizations. The CAR must obtain commercial services and products necessary to carry out this agreement under competitive procurement procedures as described in 40 CFR 31.36. In addition, EP A policy encourages awarding subgrants competitively and the CAR must consider awarding subgrants through competition. 4. The CAR is responsible for assuring that EPA's Brownfields Assessment Grant funding received under this grant, or in combination with any other previously awarded Brownfields Assessment grant does not exceed the $200,000 assessment grant funding limitation for an individual brownfield site. Waiver of this funding limit for a brownfields site must be approved by EP A prior to the expenditure of funding exceeding $200,000. In no case may EPA funding exceed $350,000 on a site receiving a waiver. (Note: Cooperative Agreement Recipients expending funding from a community-wide 4 assessment grant ona particular site must include such funding amount in any total funding expended on the site.) D. Quarterly Progress Reports 1. The CAR must submit progress reports on a quarterly basis (30 days after the end of each Federal fiscal quarter) to the EP A Project Officer. The progress reports must document incremental progress at achieving the project goals and milestones. Quarterly progress reports must include: a. Documentation of progress at meeting performance outcomes/outputs, project narrative, project time line and an explanation for any slippage in meeting established outpuUoutcomes. b. An update on project milestones. c. A budget recap summary page with the following headings: Current Approved Budget; Costs Incurred this Quarter; Costs Incurred to Date; and Total Remaining Funds. d. If applicable, quat1erly reports must specify costs incurred at petroleum contaminated brown fields sites. e. Recipient quarterly reports must clearly identify which activities performed during the reporting period were undertaken with EP A funds, and must relate EP A- funded activities to the objectives and milestones agreed upon in the work plan including a list of sites where assessment activities were completed. To the extent consistent with the EP A approved work plan for this agreement, acti vi ties undertaken with EP A funds to be included in quarterly performance and financial reporting may include: 1. Acres per property 2. Assessments started/completed 3. No cleanup required 4. Types of contaminants found 5. Acres of greenspace created 6. Engineering/institutional controls required, what type and whether they are in place 7. Cleanup plans 8. Redevelopment underway 9. Funds leveraged 10. Jobs leveraged 11. Health monitoring studies, insurance, institutional controls funded 2. The CAR must maintain records that will enable it to report to EPA on the amount of funds expended on specific sites under this grant. 3. The CAR must mai ntai n records that wi II enable it to report to EP A on the amoun t of funds expended by the CAR at petroleum sites idemified in the EP/". approved "vark plan. 4. The CAR must complete and submit relevant portions of the Property Profile Form reporting the commencement of a Phase I assessment, the expenditure of $1 ,000 or more 5 of grant funds at a prope11y or the completion of a property assessment. The CAR mus! submit the updated Property Profile Form reflecting such events within 30 days after the end of the Federal fiscal qUaJ1er in which the event occulTed. The CAR may be provided access to an on-line reporting system by the EP A Project Officer to perform their reporting requirements. Alternately, the CAR may complete a hard copy version of the Property Profile Form available from theirEP A Project Officer or on-line at: http://www.epa.govlbrownfields/pubs/rptforms.htm 5. In accordance with 40 C.F.R. S 31.40 (d), the recipient agrees to inform EPA as soon as problems, delays or adverse conditions become known which will materially impair the ability to meet the outputs/outcomes specified in the assistance agreement work plan. III. FINANCIAL ADMINISTRATION REQUIREMENTS A. Eligible Uses of the Funds for the Cooperative Agreement Recipient 1. To the extent allowable under the work plan, cooperative agreement funds may be used for eligible programmatic expenses to inventory, characterize, assess, and conduct planning and outreach. Eligible programmatic expenses include activities described in Section IV of these Terms and Conditions. In addition, such eligible programmatic expenses may include: a. Determining whether assessment activities at a particular site are authorized by CERCLA 104(k); b. Ensuring that an assessment complies with applicable requirements under Federal and State laws, as required by CERCLA l04(k); c. Using a portion of the grant to purchase environmental insurance for the characterization or assessment of the site. Funds may not be used to purchase insurance intended to provide coverage for any of the Ineligible Uses under Section B. d. Any other eligible programmatic costs including direct costs incurred by the recipient in reporting to EP A; procuring and managing contracts; awarding and managing subgrants to the extent allowable under ill. B. 2.; and canying out community involvement pertaining to the assessment activities. B. Ineligible Uses of the Funds for the Cooperative Agreement Recipient 1. Cooperative agreement funds shall not be used by the CAR for any of the following activities: a. Cleanup activities; b. Development activities that are not brownfields assessment activities (e.g., 6 construction of a new facility); c. Job training unrelated to performing a specific assessment at a site covered by the grant; d. To pay for a penalty or fine; e. To pay a federal cost share requirement (for example, a cost-share required by another Federal grant) unless there is specific statutory authority; f. To pay for a response cost at a brownfields site for which the recipient of the grant or subgrant is potentially liable under CERCLA S 107; g. To pay a cost of compliance with any federal law, excluding the cost of compliance with laws applicable to the assessment; and h. Unallowable costs (e.g., lobbying and fund raising) under applicable OMB Circulars. 2. Under CERCLA 104(k)(4)(B), administrative costs are prohibited costs under this agreement. Prohibited administrative costs include all indirect costs under applicable OMB Circulars. a. Ineligible administrative costs include costs incurred in the form of salaries, benefits, contractual costs, supplies, and data processing charges, incurred to comply with most provisions of the Uniform Administrative Requirements for Grants contained in 40 CFR Part 31. Direct costs for grant administration, with the exception of costs specifically identified as eligible programmatic costs, are ineligible even if the grant recipient is required to carry out the acti vity under the grant agreement. b. Ineligible grant administration costs include direct costs for: (1) Preparation of applications for Brownfields grants; (2) Record retention required under 40 CFR 31.42; (3) Record-keeping associated with supplies and equipment purchases required under 40 CFR 31.32 and 31.33; (4) Preparing revisions and changes in the budgets, scopes of work, program plans and other activities required under 40 CFR 31.30; CFR 31; rl), ~v1~Tnt~inino- anti rH,pr~t;na f;n'Anf--.i~i ill"na-::lCTPlTIpnt suctpn,s rpnl1;n::lor1 IlnrI~l~ /in \-'} ....................~........ ..IJb ..'-'- .....,t'........LA,\...lb ..11.................1....... ..1 ......11 b\J...l......l.lL J>JLv.J..l .lV'1U1.1v\..J. UIIUv! IV (6) Preparing payment requests and handling payments under 40 CFR 31.21; 7 (7) . Non-federal audits required under 40 CFR 31.26 and OMB Circular A- j 33; and (8) Close out under 40 CFR 31.50. 3. Cooperative agreement funds may not beused for any of the following properties: a. Facilities listed, or proposed for listing, on the National Priorities List (NPL); b. Facilities subject to unilateral administrative orders, court orders, administrative orders on consent or judicial consent decree issued to or entered by parties under CERCLA; c. Facilities that are subject to the jurisdiction, custody or control of the United States government except for land held in trust by the United States government for an Indian tribe; or d. A site excluded from the definition of a brownfields site for which EPA has not made a property-specific funding determjnation. c. Interest -Bearing Accounts and Program Income 1. In accordance with 40 CFR 31.25(g)(2), the CAR is authorized to add program income to the funds awarded by the EP A and use the program income under the same terms and conditions of this agreement. Program income for the assessment CAR shall be defined as the gross income received by the recipient, directly generated by the cooperative agreement award or earned during the period of the award. Program income includes, but is not Ijmited to, fees charged for conducting assessment, site characterizations, clean up planning or other activities when the costs for the activity is charged to this agreement. 2. The CAR must deposit advances of grant funds and program income (e.g., fees) in an interest bearing account. a. Interest earned on advances, CARs are subject to the provisions of 40 CFR S31.21(i) to remitting interest on advances to EPA on a quarterly basis. b. Interest earned on program income is considered additional program IIlcome. IV. ASSESSMENT ENVIRONMENTAL REQUIREMENTS i\. ..t\uthorized i-\ssessment ..t\..ctivities 1. Prior to conducting or engaging in anyon-site activity with the potential to impact historic properties (such as invasive sampling), the CAR shall consult with EPA regarding 8 potential applicability of the Nationalllistoric Preservation Act and, if applicable, shall assist EPA in complying with any requirements of the Act and implementing regulations. B. Quality Assurance (QA) Requirements 1. When environmental samples are collected as part of the brownfields assessment, the CAR shall comply with 40 CFR Part 31.45 requirements to develop and implement quality assurance practices sufficient to produce data adequate to meet project objectives and to minimize data loss. State law may impose additional QA requirements. C. Completion of Assessment Activities 1. The CAR shall properly document the completion of all activities described in the EP A approved work plan. This must be done through a final report or letter from a qualified environmental professional, or other documentation provided by a State or Tribe that shows assessments are complete. D. All Appropriate Inquiry 1. As required by CERCLA S104(k)(2)(B)(ii) and CERCLA SlOl(35)(B), the CAR shall ensure that a "Phase I" site characterization and assessment carried out under this agreement will be performed in accordance with EP A's standard for all appropriate inquiries. The CAR shall utilize the practices in ASTM standard E1527-05 "Standard Practices for Environmental Site Assessment: Phase I Environmental Site Assessment Process," or EP A's All Appropriate. Inquiries Final Rule. This does not preclude the use of grant funds for additional site characterization and assessment activities that may be necessary to characterize the environmental impacts at the site or to comply with applicable State standards. v. CONFLICT OF INTEREST: ApPEARANCE OF LACK OF IMPARTIALITY A. Conflict of Interest 1. The CAR shall establish and enforce conflict ofinterest provisions that prevent the award of subgrants that create real or apparent personal conflicts of interest, or the CAR's appearance of lack of impartiality. Such situations include, but are not limited to, situations in which an employee, official, consultant, contractor, or other individual associated with the CAR (affected party) approves or administers a grant or subgrant to a subgrant recipient in which the affected party has a financial or other interest. Such a conflict of interest or appearance of lack of impartiality may arise when: (i) The affected paI1y, (;;) ^~" ~nmhnr 0+ hl.~ ;m~nd;atn +aml.1v 11 .f"'""\.1I] 1111.....-11 ULd 1 I L) 1 lUll\.... 1 Lv 1 1 IJ' (iii) His orher partner, Or (iv) An organization which employs, or is about to employ, any of the above, 9 has a financial or other interest in the subgrant recipient. Affected employees will neither solicit nor accept gratuities, favors, or anything of monetary value from subgrant recipients. Recipients may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. To the extent permitted by State or local law or regulations, such standards of conduct will provide for penalties, sanctions, or other disciplinary actions for violations of such standards by affected parties. VI. PAYMENT AND CLOSEOUT A. Payment Schedule 1. The CAR may request payment from EPA pursuant to 40 CFR S31.21(c). B. Schedule for Closeout 1. Closeout will be conducted in accordance with 40 CFR 31.50. 10 AGENDA BILL CITY OF BREMERTON CITY COUNCIL h8#-fJh'-~ DA TE SUBMITTED: September 27,2006 5'~ ........................................................................................ SUBJECT: Bremerton Tunnel Construction Cooperative Agreement Committee Meeting Date: October 11, 2006 COUNCIL MEETING Date: October 18, 2006 Department: PW&U, Engineering Presenter: Phil Williams Phone: (360) 473-5315 SUMMARY: The Washington State Department of Transportation (WSDOT) is planning for the construction of the Downtown Bremerton PedestrianlBTC Access Improvement Project and the City and State have agreed to include the Pacific A venue Basin CSO main in the State construction contract. The agreement with WSDOT identifies and authorizes the inclusion of the CSO work in this contract at City expense. The agreement also obligates the State to reimburse the City for coordination by City staff of the State's BTC Access Improvement Project. ATTACHMENTS: 1. Council Summary, 2. Bremerton Tunnel Construction Cooperative Agreement FISCAL IMPACTS (Include Budgeted Amount): The Engineer's Estimate for the Pacific Avenue Basin CSO Improvement Project is $1,129,756 and is funded by an EPA Grant (51% grant with 49% local match). Local match will be provided by two State Revolving Fund (SRF) loans and a Public Works Trust Fund Loan (PWTF). This CSO Project is included in the City's CIP and budgeted for construction. The Agreement requires an "Advance Payment Amount of$169,463" for contract administration. The City will be reimbursed an estimated $77,000 for its construction support services. ,"~ .",...---------"\ -' APPROVALS: ..,,/',_,/y 1/; ...Ii. ~/', ,,' /;1/ p' i -~,--' k"/ .' / 1'''/''' ~.. " DEPARTMENT DIRECTOR>~,--.:.::.-~--- /2.-';",<'1' /Z--z/CZ,,',-_, CITY ATTORNEY: --/! FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: --' -", I CONSENT AGENDA ~ 10i2. RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the Bremerton Tunnel Construction Cooperative Agreement with Washington State Department of Transportation for the Downtown Bremerton PedestrianlBTC Access Improvement Project. COUNCIL ACTION: 0 Approve 0 Deny 0 Table ab, Agenda Bills 2006, BIC Access Impr Proj Construction Coop Agmt, 8-06 o Continue 0 No Action Council Summary Bremerton Tunnel Construction Cooperative Agreement Agreement Summary A new CSO trunk storm sewer main must be constructed for the Pacific Avenue Basin in compliance with the DOE Order on Consent and EP A Consent Decree. This project is being constructed in two phases; Phase I was completed earlier this year. The Phase 2 CSO line will run from the intersection of 4th Street and Park Avenue to Burwell Avenue, then follow the alignment of the SR 304 Downtown Bremerton Pedestrian/BTC Improvements Project (Tunnel Project) to the intersection of 1 st Street and Pacific Avenue where it will connect with the Phase 1 Pacific Avenue Basin CSO Project. Since the CSO Project and the Tunnel Project follow the same alignment, the CSO line can be installed adjacent to the Tunnel using the same excavation resulting in considerable savings to the City. This CSO improvement has been incorporated into the Plans, Specifications, and Estimate for the Tunnel project. The City has negotiated an agreement with WSDOT (Washington State Department of Transportation) to incorporate the Pacific Avenue CSO Project into the bid documents for the Tunnel Project (the Agreement) and construct these improvements concurrently under the State's authority. Execution of the Agreement will authorize the WSDOT to construct the Pacific Avenue CSO Improvement Project with the Tunnel Project. In order to ensure the City's interest in the construction management for the CSO Project and the Tunnel Project, the Agreement includes provision for the City to provide a project coordinator/engineer. Although the State will charge the City for the administration of the CSO contract, the City will be reimbursed by the State for the labor costs associated with the Tunnel project. The Cooperative Agreement between the City and the State will ensure that all utility relocations are in accordance with City standards. Fiscal Summary The Engineer's Estimate for the Pacific Avenue Basin CSO Improvement Project is $1,129,756 and is funded by an EPA Grant (51 % grant with 49% local match). Local match will be provided by two State Revolving Fund (SRF) loans and a Public Works Trust Fund Loan (PWTF). This CSO Project is included in the City's CIP and budgeted for construction. The Agreement requires an "Advance Payment Amount of$169,463"to cover costs incurred by the State in the initial stages of the contract. The City will be reimbursed an estimated $77,000 for its construction support services. Bremerton Tunnel Construction Cooperative Agreement GCA - 4924 THIS AGREEMENT is made and entered into this day of between the STATE OF WASHINGTON, Department of Transportation, hereinafter the "STATE," and the City of Bremerton, hereinafter the "CITY." WHEREAS, the CITY has designed a project for improvements to SR 304 entitled "SR 304 - Downtown Bremerton Pedestrian / Bremerton Transportation Center (BTC) Access Improvement Project," hereinafter the "PROJECT," located from M.P. 2.79 to M.P. 3.01, and WHEREAS, it has been determined that the S TATE will be the lead agency for the construction of the PROJECT, but the CITY will participate in the construction process as further provided herein, and WHEREAS, the CITY also has plans to construct a project entitled, "Combined Sewer Outfall," hereinafter the "CSO," as shown in Exhibit A, attached hereto and by this reference made a part of this AGREEMENT, within the same footprint as the PROJECT and scheduled for construction at the same time as the PROJECT, and WHEREAS, the CITY will direct the PROJECT design consultant to incorporate the CSO work into the construction design of the PROJECT under a separate group and at no cost to the STATE, and WHEREAS, since a mutual benefit in cost savings, through economy of scale and other efficiencies, will be derived by both the STATE and CITY by incorporating the CSO work into the PROJECT, the STATE agrees to construct the CSO at the same time as the highway PROJECT, and WHEREAS, the CITY is obligated for the cost of CSO work described in Exhibit A, NOW, THEREFORE, pursuant to RCW 47.28.140 and chapter 39.34 RCW and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1. GENERAL 1.1 The STATE agrees to construct the CSO work at the same time as the highway PROJECT. 1.2 Plans, specifications and cost estimates shall be prepared by the CITY for the CSO work in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, ("Standard Specifications") and adopted design standards, unless otherwise noted. The CITY's consultant will incorporate the CSO plans and specifications into the STATE's PROJECT. The STATE will thereafter advertise the resulting PROJECT for bid and, assuming bids are received and a contract is awarded, administer the contract. GCA - 4924 Page 1 of 8 1.3 Warranty: The STATE's contract will include a bid item titled "CSO Warranty" specifying that the STATE's contractor will provide to the CITY, an agreed upon warranty for all associated CSO work performed under the contract. The STATE shall not be a party to this warranty. The CITY agrees that all actual direct and related indirect costs associated with the bid item "CSO Warranty" shall be the sole responsibility of the CITY. 1.4 The CITY hereby approves the CSO work shown in Exhibit A. 1.5 The CITY may, if it desires, furnish an inspector on the contract or CSO work. Any costs for such inspector will be borne solely by the CITY. All contact between the CITY and the ST ATE's contractor shall be through the STATE's representative. The STATE's representative shall have final authority for any and all decisions affecting the STATE's contract, including the CSO work shown in Exhibit A. 2. A WARD OF PROJECT/DELETION OF WORK 2.1 Following bid opening, the STATE shall provide the CITY with one (1) copy of the apparent low bidder's bid. The CITY shall have fifteen (15) calendar days from the date of receipt, or two (2) calendar days from notification by the STATE or United States Environmental Protection Agency, hereinafter USEPA, that the apparent low bidder has met USEPA's Women and Minority Business Enterprise requirements, whichever is longer, to review and provide the ST ATE with the CITY's written concurrence of award or rejection of said bid. In the event the CITY rejects the bid the STATE shall delete the CSO work covered by this AGREEMENT from the STATE's contract. Should the CITY fail to respond as provided herein, the ST ATE shall delete the CSO work from the contract. 2.2 Should the CITY exercise its option to delete the CSO work or should the CITY fail to accept or reject the bid within the time provided under Section 2.1, the CITY agrees, upon receipt of a STATE invoice therefore, to reimburse the ST ATE for any and all engineering and administrative costs incurred by the STATE in deleting, from the STATE's contract, the CSO work covered by this AGREEMENT. 2.3 The STATE shall make the final determination as to appropriateness of any bid with regards to the Standard Specifications for Road, Bridge, and Municipal Construction and regarding the practices, policies and procedures of the Washington State Department of Transportation and reserves the right, should the ST ATE deem it necessary, to reject any and all bids for the PROJECT and/or the CSO. 3. CHANGE ORDERS 3.1 Changes to the contract will be documented by change order as defined in the current edition of the Standard Specifications. 3.2 Required change orders involve such changes in quantities or alterations in the CSO work or City owned facilities as are necessary to satisfactorily complete the CSO work as determined by the STATE. All other change orders shall be considered elective. The STATE shall process all required GCA ~ 4924 Page 2 of8 change orders in the manner as set forth in subsection 1-2.4C(3), Approval of Changes, STATE Construction Manual, current edition. 3.3 The CITY herein authorizes the STATE to initiate, negotiate, document and execute all required change orders. 3.4 The STATE will advise the CITY of any proposed required CSO or City owned facility change order and provide it with an opportunity, if time permits, to review the change order before execution. The STATE will determine the length of the review time based upon the need to expedite the change order to avoid delay to the PROJECT work. 3.5 Any CSO or City owned facility elective change order shall require the written approval of the CITY. A decision to execute an elective change order shall be made by mutual agreement of the STATE and CITY. 3.6 The CITY may request additions to the CSO work through the STATE. The STATE will comply with the requested change, provided that the change complies with the Standard Specifications, contract permits, state and/or federal law and applicable rules and/or regulations and/or design policies. 3.7 The STATE will make available to the CITY all change order documentation pertaining to CSO work and other City owned facilities impacted by the contract. 4. ACCEPTANCE OF CSO WORK 4.1 The CITY agrees, upon satisfactory completion of the CSO work, as part of the STATE's PROJECT contract, to deliver a letter of acceptance to the STATE which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the CSO work under this AGREEMENT. 4.2 If a letter of acceptance is not received by the STATE from the City within twenty (20) business days following STATE's completion notice to the CITY of the physical completion of the CSO work, said CSO work shall be considered accepted by the CITY and shall release the STATE from all future claims and demands of any nature resulting from the performance of the CSO work under this AGREEMENT. 4.3 The CITY may withhold this acceptance of the CSO work by submitting written notification to the STATE within the twenty (20) business day period. This notification shall include the reasons for withholding the acceptance. If these reasons cannot be resolved within forty (40) business days of the receipt of the CITY's notification, the outstanding issues will go to dispute resolution per Section 16 of this AGREEMENT. 5. REPRESENT A TIVES 5.1 The STATE's PROJECT manager for the STATE's contract is: GCA - 4924 Page 3 of8 Howard Diep, P .E. Port Orchard Project Engineer 8293 Spring Creek RD SE Port Orchard, W A 98367-8192 360-874-3000 Fax - 360-874-3003 5.2 The CITY representative, acting as the CITY project coordinator, for the CSO work shall be: Ned Lever, P.E. City CSO Coordinator 3027 Olympus Drive Bremerton, W A 98310 (360) 473-2398 Additionally, the CITY's representative providing technical expertise to the STATE for all other CITY facilities affected by the STATE's PROJECT shall be: Lynn Price, P.E. City Tunnel Project Coordinator 3027 Olympus Drive Bremerton, W A 98310 (360) 473-5272 6. CITY SERVICES FOR PROJECT AND CSO 6.1 The STATE may request, and the CITY may provide, CITY construction support services for the PROJECT, such as, providing ongoing project review, coordination with CITY services, and expert advice regarding design and/or construction details of the STATE's contract as it may impact CITY facilities. Such requests may be either written or verbal and the STATE agrees to reimburse the CITY for 100% of its actual direct and related indirect costs for said construction support services not related to the CITY's CSO work. Verbal requests will be followed up in writing. Any services provided by the CITY without written or verbal request of the ST ATE shall be at the CITY's expense. Billing for services provided under this section 6.1 shall be in accordance with section 7.5 and 7.6 of this AGREEMENT. 6.2 The STATE may request, and the CITY agrees to provide, construction support services related to the CITY's CSO work. All CSO related services requested by the STATE and provided by the CITY shall be at 100% CITY expense. 7. PAYMENT GCA - 4924 Page 4 of8 7.1 The CITY, in consideration of the faithful performance of the CSO work to be done by the STATE, agrees to reimburse the ST ATE for the actual direct and related indirect cost of the CSO work as shown in Exhibit A. The CITY will also reimburse the STATE for a percentage of the STATE's construction administration and engineering costs based on the ratio of the value of CITY work to all contract work at award. 7.2 The CITY agrees to make partial payments within thirty (30) days of receipt of a detailed STATE invoice to cover costs incurred. Payments are not to be more frequent than one (1) per month. It is agreed that any partial payment will not constitute agreement as to the appropriateness of any item and that at the time of the final payment, all required adjustments will be made and reflected in the final payment. 7.3 An itemized estimate of cost for the CSO work to be performed by the STATE at the CITY's expense is marked as Exhibit B, attached hereto and by this reference made a part of this AGREEMENT. 7.4 In recognition of the cost savings to the CITY by the STATE's incorporation of the CITY's CSO work in the S TATE PROJECT, the CITY agrees to pay for the actual direct and related indirect PROJECT costs identified as ineligible by the Federal Highway Administration. These costs are estimated at less than five thousand dollars ($5,000). The CITY shall not be responsible for ineligible costs resulting from the sole negligence of the STATE. 7.5 The STATE, in consideration of the faithful performance of services provided by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work as described in Section 6.1. 7.6 The STATE agrees to reimburse the CITY for STATE-requested services as provided under Section 6.1. The STATE agrees to make partial payments within thirty (30) days receipt of a detailed CITY invoice. These payments are not to be more frequent than one (1) per month. It is agreed that any. such payment will not constitute agreement as to the appropriateness of any item and that at the time of the final payment, all required adjustments will be made and reflected in the final payment. 7.7 An itemized estimate of cost for services to be performed by the CITY at the STATE'S expense is marked as Exhibit C, attached hereto and by this reference made a part of this AGREEMENT. 7.8 The CITY agrees to pay the STATE an advance payment amount of one hundred sixty-nine thousand four hundred sixty-three dollars ($169,463) within 20 days after the STATE submits its first partial payment request to the CITY. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the STATE in the initial stages of the contract. The advance payment will be carried throughout the life of the contract with final adjustment made in the final payment. 7.9 In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on either Exhibits B or C or Section 7.4, the parties agree to amend this AGREEMENT to include such increase. GCA - 4924 Page 5 of8 8. CLAIMS 8.1 Claims for Additional Payment 8.1.1 In the event the contractor makes a claim for additional payment for CSO work, the STATE will immediately notify the CITY of such claims. Such claims shall be made in the manner and form as provided for in the Standard Specifications. 18.1.2 The CITY shall have the right to review and discuss the settlement of all claims. The ultimate decision to pay a claim will be by mutual agreement of the CITY and the STATE. In the event such claims are not resolved, the CITY shall defend such claims at its own cost and shall pay any court judgment or arbitration award resulting from such claims, provided that the CITY shall not be obligated to pay such claims or the cost of defense to the extent that the claims are caused by the negligent acts or omissions of the S TATE in administrating the CSO work. The STATE will cooperate with the CITY in the CITY's defense of the claim(s). The CITY shall reimburse any STATE costs incurred in providing such assistance. 8.2 Claims for Damages 8.2.1 After CSO work acceptance, in the event of claims related to the CSO work for damages or loss attributable to bodily injury, sickness, death, or injury to or destruction of property, the CITY shall defend such claims and hold harmless the STATE, and the STATE shall not be obligated to pay any such claim or the cost of defense. Nothing in this section, however, shall remove from the STATE any responsibilities defined by the current laws of the State of Washington or from any liabilities for damages caused by the STATE's own negligent acts or omissions independent of the CSO work performed under this AGREEMENT. 9. RIGHT OF ENTRY 9.1 The CITY hereby grants to the STATE, including its contractors and subcontractors, the right of entry upon all land which the CITY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing and if necessary, maintaining said improvements. Upon completion of the work outlined herein, all future ownership, operation and maintenance of the CITY's facilities shall be at the sole cost of the CITY and without expense to the STATE. 10. MODIFICATION 10.1 No modification of this AGREEMENT is valid unless evidenced in writing by amendment to this AGREEMENT and signed by both Parties. No verbal agreement may supersede, replace or amend this AGREEMENT. GCA - 4924 Page 6 of 8 11. ASSIGNMENT 11.1 Neither Party to this AGREEMENT shall transfer or assign any right or obligation hereunder without the prior written consent of the other Party. 12. SEVERABILITY 12.1 Should any section, term or provision of this AGREEMENT be determined to be invalid, the remainder of this AGREEMENT shall not be affected and the same shall continue in full force and effect. 13. HOLD HARMLESSIINDEMNIFICA TION 13.1 Each Party to this AGREEMENT shall protect, defend, indemnify, and save harmless the other Party, its officers, officials, employees, and agents, while acting within the scope of their employment as such, from any and all costs, claims, judgments, and/or awardSo of damages (both to persons and/or property), arising out of, or in any way resulting from, each Party's negligent acts or omissions in connection with the terms of this AGREEMENT. No Party will be required to indemnify, defend, or save harmless the other Party if the claims, suits, or actions for injuries, death, or damages (both to persons and/or property) is caused by the sole negligence of the Party. Where such claims, suits, or actions result from concurrent negligence of the Parties, or is covered by RCW 4.24.115, the indemnity provisions provided herein shall be valid and enforceable only to the extent of the Party's own negligence. 13.2 This indemnification shall survive the termination of this AGREEMENT. 14. DISPUTES 14.1 In the event that a dispute arises under this AGREEMENT that cannot be resolved to the satisfaction of both Parties, with regards to the CSO work and other City owned facilities, it shall be resolved as follows: The CITY and STATE shall each appoint a member to a disputes board, these two members shall select a third member not affiliated with either Agency. Costs related to the third member will be equally shared between the CITY and ST ATE. The decision made by this board shall be final and binding on the Parties to this AGREEMENT. 15. VENUE GCA - 4924 Page 70f8 15.1 In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the Parties hereto agree that any such action or proceedings shall be brought in the superior court situated in Thurston County, Washington. IN WITNESS WHEREOF, the Parties hereto have executed this AGREEMENT as of the day and year first above written. STATE OF WASHINGTON CITY OF BREMERTON DEPARTMENT OF TRANSPORTATION By: By: Cary Bozeman, Mayor Randall A. Hain, Region Administrator Date: Date: APPROVED AS TO FORM APPROVED AS TO FORM By: By: City Attorney Assistant Attorney General Date: Date: GCA - 4924 Page 8 of8 GCA-4924 Exhibit A Page 1 of 5 Description of Work The Combined Sewer Outfall line will install 1,163 feet of 36 inch pipe and 418 feet of 48 inch pipe from the intersection of 4th Street and Park A venue to 1 sl Street and Pacific Avenue in the City of Bremerton. It includes associated manholes, shoring, excavation, backfill and erosion control work. The work will also include the installation of a 12 inch storm line at the intersection of 4th Street and Park Avenue and pavement restoration on Park Avenue from Burwell Street through to 4th Street. A N .l., LEGEND ~.11i CATCH 8ASIN l\PE 1 STDR:\1 Sf.IiVER (3f:-70\ CSO l\lH, TYPE L 8; MH. TYPE l~. j~0JU.s r (/!S riNG iJNJHOL f: ADJ:JST E\!8 rw;c CAF}! BAS1:\ GCA - 4924 Exhibit 'A' I ,- UJ UJ :r: '" t,.8M~CON ~X1S'iiNG :V:ANHQL~ fIJ REMCVE Oe~\jr~AGE <3TFUGTURE ~ :5:";":1~'1 ~:~^--:;-~ ci Z Bridge O..signEngr. ~ Supervisor ...., Designed By C CHIN I Checked By R. MOORE Detailed By L BOROS ffi Br'dqe Projects [ngr. Prelim. PI<;ln By Architect/Specialist STATE ItED. AlO PRClJ. NO. ~ 01 JOB NUr.l8ER exeltec:h lace~, 'lVA Sedllle. WA Salem. OR ... ;;,: Washington State ~.. Department of Transportation SR 304 DOWNTOWN BREMERTON PEDESTRIANI BTC ACCESS IMPROVEMENTS ~ .. 10 I WI\SH DATE REVISION Byl APP'O DRAINAGE PLANS I I- LU LU I <f) o ~ 8rid<;l1l.Oesigrl Eogr o SLJpervlsor '"'"} De"igl1ed By C.CHIN I Checked By R MOORE Detailed By L BOROS ffi Bridge Projects Eogr Prelim. Pion By Architect/Specialist STATE FED. AID PROJ. NO ~ ...... ... Washington Stale Department of Transportation DRAINAGE PLANS WASH, exeltech L~cey, WA Sa"~Ie, WA 5.1Iem, OR RI:.""VISION BY APP'O DAlE ! N I STOi~1;-t :3C1;'/CH nG~70) GCA - 4924 Exhibit 'A' SR 304 DOWNTOWN BREMERTON PEDESTRIANI BTC ACCESS IMPROVEMENTS ,"W "'. 02 I I- iJj :I: if) ci Z Bridge Design [ngr. ~ Supervi~or -, Designed By C. CHIN I Checked By R. MOORE Detailed By L BOROS ffi Bridge Projects Eng' Prelim. Plcm By Architect/Specialist 290 DATI: REVISION STATE fEO. AID PROJ, NO. exeltech LaGey, WA SeaUie. WA Salem OR 10 WASH ~ .... Washington State .... Department of Transportation BY APP'O A N I LEc;END CO\ f{)-! f3.f.,SiN TYPt: ~. Wi IL HCr.,:(J'-;[ Df\NI'~ACE -~:TRU\~TijRE GCA - 4924 Exhibit 'A' SR 304 DOWNTOWN BREMERTON PEDESTRIAN/ BTC ACCESS IMPROVEMENTS ~ ~. 03 DRAINAGE PLANS I fo- UJ UJ I if) ci ~ Bridge,Design [ng'. o SupervIsor .., Oesignl!d 8y C. CHIN I CheGked 8y R. MOORE Deta.led By [,flOROS e5 Bridge Projects [rlgr Prelim. Pion By ArChitect/Specialist STATE fED. AID PROJ. NO exeltech Lacey, WA SeaUIa, WA Salem. OR A N ~ Sl~\'~/EP GCA - 4924 Exhibit 'A' Washington State Department of Transportation SR 304 DOWNTOWN BREMERTON PEDESTRIANI BTC ACCESS IMPROVEMENTS D4 ~ .... ..tIP 10 WASH. JOB NUMBER DATE BY APP'[) REVISION ,~ ~ DRAINAGE PLANS EXHIBIT B Downtown Bremerton Pedestrian/BTC Access Improvements Construction Estimate GROUP 3 GROUP 4 TOTAL I STD ITEM DESCRIPTION I UNIT I UNIT PRICE QTY AMOUNT QTY AMOUNT QTY AMOUNT liTEM , PREPARATION 0001 MOBILIZATION (7%) L.S, $ 3,434.03 $ 57,916.64 $ 61,350.66 0049 REMOVING DRAINAGE STRUCTURE EACH $ 1,000.00 1 $ 1,000.00 1 " $ 1,000.00 '. STORM SEWER . . 3091 CATCH BASIN TYPE 1 EACH $ 2.500.00 1 $ 2,500.00 :1 $ 2,500.00 3151 TESTING STORM SEWER PIPE L.F. $ 2.00 80 $ 160.00 1,579 $ 3,158.00 1659 $ 3,318.00 3577 SCHEDULE A STORM SEWER PIPE 12 IN. DIAM. L.F. $ 50.00 77 $ 3,850.00 77 $ '3,850.00 HDPE DR 32.5 STORM SEWER PIPE 36 IN. DIAM. (See CSO) L.F. $ 325.00 1,163 $ 377,975.00 '1163 $ . 377,975.00 HDPE DR 32.5 STORM SEWER PIPE 48 IN. DIAM. (See CSO) L.F. $ 400.00 80 $ 32,000.00 338 $ 135,200.00 418 $ 167,200.00 STRUCTURE DEWATERING L.S. $ 250,000.00 0 $ 0.00 $ LIQUID ASPHALT 5334 ANTI-STRIPPING ADDITIVE EST. $ 1.00 190 $ 190.00 190 $ . 190.00 HOT MIX ASPHALT 5711 PLANING BITUMINOUS PAVEMENT S.Y. $ 10.00 1700 $ 17,000.00 1700 $ 17;000.00 5767 HMA CL. 1/2 IN. PG 64-22 TON $ 65.00 187 $ 12,155.00 187 $ 12,155.00 5830 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC $ 1.00 370 $ 370.00 370 $ " 370.00 5835 COMPACTION PRICE ADJUSTMENT CALC $ 1.00 230 $ 230.00 230 $ 230.00 . ' EROSION CONTROL AND PLANTING . 6403 ESC LEAD DAY $ 150.00 10 $ 1.50000 10 $ .1,500.00 6470 STREET CLEANING HR $ 125.00 25 $ 3,125.00 25 $ 3,125.00 6373 SILT FENCE L.F. $ 4.00 250 $ 1,000.00 250 $ 1,000.00 6478 STRAW BALE EACH $ 5.00 5 $ 25.00 5 $ . 25.00 6490 EROSIONIWATER POLLUTION CONTROL EST. $ 100,000.00 0.1 $ 10,000.00 0.10 $ . 10,000.00 TRAFFIC . 6857 PLASTIC CROSSWALK LINE SF $ 12.00 166 $ 1,992.00 166 $ 1,992.00 6882 RAISED PAVEMENT MARKER TYPE 1 HUND $ 250.00 0.9 $ 225.00 1 $ 225.00 3884 RAISED PAVEMENT MARKER TYPE 2 HUND $ 600.00 0.3 $ 180.00 0.30 $ 180.00 INTERCONNECT L.S. $ 32,000.00 0.00 $ 0.00 $ . 6971 PROJECT TEMPORARY TRAFFIC CONTROL L.S. $ 430,000.00 0.04 $ 17,20000 0.04 $ 17 ,200.00 6992 OTHER TRAFFIC CONTROL LABOR HR $ 50.00 100.00 $ 5,000.00 100 $ 5,000.00 6974 TRAFFIC CONTROL SUPERVISOR L.S. $ 125,000.00 0.04 $ 5,000.00 0.04 $ 5,000.00 OTHER ITEMS .' . 7006 STRUCTURE EXCAVATION CLASS B INCLUDING HAUL C.Y. $ 16.00 340 $ 5,440.00 3668 $ 58,688.00 4008 $ 64,128.00 7008 SHORING OR EXTRA EXCAVATION CLASS B S.F. $ 2.50 1193 $ 2,982.50 15467 $ 38,667.50 16660 $ 41,650.00 7013 GRAVEL BACKFILL FOR PIPE BEDDING C.Y. $ 25.00 111 $ 2,775.00 1,500 $ 37,500.00 1611 $ 40,275.00 7014 GRAVEL BACKFILL FOR DRAIN C.Y. $ 25.00 228 $ 5,700.00 2,490 $ 62,250.00 2718 $ 67,950.00 7360 MANHOLE 48 IN. DIAM. TYPE 1 EACH $ 4,000.00 1 $ 4,000.00 1 $ 4,000.00 7364 MANHOLE 60 IN. DIAM. TYPE 3 EACH $ 4,000.00 4 $ 16,000.00 4 $ 16.000.00 7365 MANHOLE 72 IN. DIAM. TYPE 3 EACH $ 4,200.00 1 $ 4,200.00 1 $ " . 4,200.00 7366 MANHOLE 84 IN. DIAM. TYPE 3 EACH $ 4,50000 1 $ 4,500.00 1 $ 4,500.00 CONSTRUCTION FENCING L.F. $ 10.00 250 $ 2,500.00 250 $ 2,500.00 7736 SPCC PLAN L.S. $ 5,000.00 0.04 $ 200.00 0.04 $ 200.00 Sub-Total Conslruction $ 52,491.53 $ 885,297.14 $ 937,788.66 Sales Tax . . $ 4,409.29 , $ 4,409.29 , . Construction EnnineennnCosts (10%) $ 5,249.15 $ 88,529.71 $ 93,778.87 Construction Continnency (10% $ 5,249.15 $ 88,529.71 $ 93,778.87 . . Total Construction $ 67,399.12 $ 1,062,356.56 $ 1,129,755.68 CSO (in State Right of Way) CSO City Items Eslimate 8-2-06 - Revised GCA-4924 EXHIBIT "C" Combined Sewer Outfall City Inspection Service and Coordination City coordination and technical expertise provided by the City of Bremerton at WSDOT request 0.75 Full Time Equivalent X 12 months X $7,000 / mo. 0.25 Full Time Equivalent X an additional 8 months X $7,000 / mo. $77,000.00 Administrative Overhead (1) $0.00 Total City Services $77,000.00 Note: (1) Per Overhead Agreement OH-00166 AGENDA BILL CITY OF BREMER TON CITY COUNCIL h8f1t)t!.'" .J!.:)f DA TE SUBMITTED: October 10, 2006 511 ........................................................................................ SUBJECT: Property Sale for 11 th & Warren Tennis Courts Committee Meeting Date: October 11, 2006 COUNCIL MEETING Date: October 18, 2006 Department: PW &U, Engineering Presenter: Phil Williams Phone: (360) 473-5315 SUMMARY: Building site at 11 th & Warren was advertised in the Kitsap Sun and City of Bremerton website September 2ih through October 9th. The property was appraised at $201,000. There was one bid for the full purchase price from Robison/Green, LLC. A TT ACHMENTS (1) Offer to purchase real estate; (2) Cashier check for $1,000 earnest money FISCAL IMPACTS Proceeds to be placed in Contingency Reserve Fund and restricted to authorize Parks uses. -~. APPROVALS: / ) ''1 '1' .' /' I~' ~;;' . /' DEPARTMENT DIRECTOR:l_ :/? 2--!/.j/!:t4lit:z-t__.., CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ..--""'- ). ;1 J 1 FISCAL/BUDGET: /tu',;;f(-f;;:; /c2 OPERATIONS: ~ ~ (- COUNCIL PRESIDENT: C;. '4,; RECOMMENDED MOTION: Move to authorize the Mayor to enter into a purchase and sale agreement for previously surplused Park property at 11 th Street and Warren Ave (Tennis Courts only) with Robison/Green, LLC. I CONSENT AGENDA aa:~ ab, Agenda Bills 2006, Bremerton Tunnel Construction Coop Agmt with WSDOT COUNCIL ACTION: D Approve D Deny D Table ab, Agenda Bills 2006, BTC Access Impr Proj Construction Coop Agmt, 8-06 D Continue D No Action OFFER TO PURCHASE REAL ESTATE To: THE CITY OF BREMERTON, W A C/O PHIL WILLIAMS, DIRECTER OF PUBLIC WORKS ROBISON/GREEN, LLC, and lor assigns, referred to herein as BUYER, offers to purchase the following described real estate from THE CITY OF BREMERTON, referred to herein as SELLER, upon the terms and conditions stated herein. 'N...1V~~aL This offer shall expire unless accepted by 5:00 p.m. on S.E~g~.~BER: \~~LLER shall signify acceptance by executing the attached form of acceptance. S t:\....LL4'L .>~ The gross purchase price shall be $ 201,OOO(TWO HU~~~~~tE~t6ii~~hS Dollars). Seller acknowledges receipt of Earnest Money in the amount of $ 1 ,OOO(ONE THOUSAND and 0/100th Dollars),in the form of a CASHIER'S check which is to be deposited in an escrow account. The legal description of the property is: ATTACHED AS "EXHIBIT A" AND IS MADE A PART OF THIS DOCUMENT BY THIS REFERENCE. This offer is contingent upon the following conditions: PURCHASER WILL BE ALLOWED A 30 DAY STUDY PERIOD IN WHICH TO DETERMINE THE FEASIBILITY OF THE USE WHICH IS CONTEMPLATED. THIS CONTENGENCY MAYBE WAVED AT ANY TIME PRIOR TO THE EXPIRATION OF THE STUDY PERIOD, AT THE OPTION OF THE PURCHASER. AS THE LEGAL ENTITY WHO WILL TAKE POSSESSION OF THE PROPERTY AT CLOSING MA Y CHANGE PRIOR TO CLOSING OR THE ISSUENCE OF THE TITLE REPORT, THE SELLER AGREES TO COOPERATE WITH THE ASSIGNMENT OF THE OFFER TO PURCHASE UPON NOTIFICA TION THAT SAID ASSIGNMENT IS NECESSARY. Except for any credits at closing, and the amount of down payment if any, the purchase price shall be paid in cash at closing. $ 200,OOO(TWO HUNDRED THOUSAND and O/IOOths Dollars), to be paid at closing. The closing will be held within 60 days of the acceptance of this offer to the SELLER, but in no event less than 10 days from the expiration of the study period or notice from the purchaser that the contingency has been waived. The SELLER shall convey to the owner by warranty deed the property herein, and the title thereto shall be merchantable. Within 7 DA YS of acceptance, the SELLER shall provide a binder for title insurance in the principal amount of the purchase price. The title shall be free and clear of any encumbrances other than those, if any, to be assumed by the BUYER at closing. Should any defects in the title, the SELLER shall have 60 days to clear the same. If the SELLER is unable to do so, BUYER shall have the option of closing or rescinding this contract. Should BUYER rescind the contract, then the SELLER shall refund as liquidated damages, and not a penalty, the funds paid for the option to BUYER. The BUYER may at its expense, obtain a current survey of the property. Should the survey indicate encroachments, the SELLER shall remedy the same within 60 days. Should SELLER fail to clear such encroachments, then the BUYER shall have the option of closing or rescinding this contract. Should BUYER rescind the contract, then the SELLER shall refund as liquidated damages, and not a penalty, the earnest money funds paid. The SELLER shall maintain the property and all improvements in the same condition as that which exists on the date of acceptance of this agreement, and shall deliver the same to the BUYER in the same condition, ordinary wear and tear excepted. The following closing costs will be paid by SELLER: THOSE TYPICALLY PAID BY THE SELLER The following closing costs will be paid by BUYER: THOSE TYPICALLY PAID BY THE PURCHASER Should the premises or any portion thereof be leased, SELLER shall provide to the BUYER either a copy of and any all leases in effect, or, should there be any tenants in possession without current written leases, the SELLER shall provide estoppel letters at least 5 days prior to closing stating that there is no lease and the duration of any verbal lease, and the terms of the verbal lease. All taxes for the current year, escrows on mortgages assumed by the BUYER, prepaid insurance on policies assumed by BUYER, homeowners association dues, shall be prorated between the parties as of the date of closing. At the time of closing SELLER shall provide an affidavit to BUYER that either: a) there have been no improvements made which would subject the property to the filing of mechanic's, materialman, labor or other such liens; or b) that there were improvements made to the subject property and all persons having the right under law to lien the property were paid or lien waivers obtained I e to the/' UYER that the present use of the property is lawful and complies with all zoning, ons ~ ' estrictive covenan~s and other similar contracts in_~!iec;. (;) tJ tt:J / 0 . ,-----:2,,,. ....--' // I 6 I d ,(" tJ (, /""<;;t''''' .~_..._.._._- ..,/<::..::.:.;:/."':....". .) .' -,' ~.-- ~ ,./ ,.-:;:::.-' -,' ----.---.. . t.~. ACCEPTANCE OF OFFER I hereby accept the offer set forth above. Dated: CITY OF BREMERTON, BY , SELLER/OFFEREE A COPY OF THIS ACCEPTED OFFER HAS BEEN RECEIVED BY BUYER/OFFEROR Dated ROBISON/GREEN, LLC, BY BRETT GREEN, BUYER/OFFEROR ,.':." LEGAL-NW CORNER OF nTH Ai"'!'>> WARREN PROPERTY (Tennis Courts) ;\ portion of Lots 1, 2, und 3 orTra.cL S, of the Plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap Coun't)., Washington, situate in the southw~st quarter ofthe southeast quarter of the (1(lrtheasL lJllar1~r of Section 14. T. 24 N., R. 1 E., WiIlamette Meridian, Kitsap Coumy, Washington, mon: panicularly described as follows: Beginning at the enst quarter c.omer of said Section 14 and an ex isting monument in case, thence alo11g the "outh line ofsaid northeast qUllJ1.er or Section 14, N 88"25'05" W 665,47 feetl.u the sOlllllt::ast cmner of said southwest quarter of the liollthcast quarter of the llorthea.;;t quarter, also being an existing monument in case~ t.hence N 21 "2 J '22" W 206.45 feet to the intersection uf the \\ie"iterly right of way of Warren Avenue and the southerly right of way of 12d1 Strcct. also being the True Point of Heginning; thence along said southerly right of way. "88"20'16"\V 237.35IL'Cl; thence leaving ~id southerly right of way, S )006'56" W 1 11.0K feet to the northerly right of way of Il'h Street; thence along said northerly righlllr way, S80"54' 40""": 26.8R foct; thence Sl 001 '26"W 1 0.00 Ii::.el; lhe.,ce S88'J58'34"h 175.24 feet to the intcr:;ection of said northerly right of.....ay with the said westerly right of wuy or Warren Avenu~; th,lllce along said \...\:stcrly right of way, Nl"OI '26"E 21.46 feet: thence N 20030'58''E 106.&7 feet to the TrtJe roint of Beginning. Subject to <lT1d together wiih an i rlgres~. egress and parking easement over and Uporl that portion of the property described as follows: Region ing at the "aid True Point of Heginning, being also the I rue Point or Beginning li)T this eu~emtmt; thence along the said southerly right of way of 12th Street. N 88"2<l" 16"W 35.66 led; thence leaving ~aid southerly Tight of way, S 1"0 i '26" 'Y,.' 1 OJ. 14 feet: to the said westerly right of wa)' of 11th Street; thcucc along said weslerly right of way, N 20C)0'58"E ] ll6.K7 feet to the True Point of Ueginning.. Said easement to be extinguished and terminated at midnight upon the date December 31, 1009. Consisting 0126,452 square feet or 0.61 acres. BRETT GREEN, MANAGING PARTNER ROBISON/GREEN, LLC 360- 710-4506 Building site for Sale The City of Bremerton is offering for sale a level 0.61 acre parcel of land located near the intersection of 11 th Street and Warren Avenue in Bremerton. There are two tennis courts currently located on the property. A decision has been made by the City to surplus. this entire parcel. The underlying zoning at this location is RIO (Residential 5 to 10 units per acre). The City has an appraisal on the property and a legal description available for viewing at 3027 Olympus Drive between 7:30 am and 4 pm M-F, contact Lynn Horish at 473-5315. Pictures of this property and a drawing of its location will be available on the City's website at wwvv.ci.bremcrton.wa.us by September 2ih. All offers to purchase must be submitted in writing directly to the City of Bremerton, Attn: Public Works & Utilities Director at 3027 Olympus Drive, Bremerton WA 98310, by October 9th at 3:30pm. Questions about this property sale and the closing process should be directed to Gunnar Fridriksson at 360-473-2354 Legal for Property Sale at 11 th and Warren A portion of Lots 1, 2, and 3 of Tract 8, of the Plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southwest quarter of the southeast quarter of the northeast quarter of Section 14, T. 24 N., R. 1 E., Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Beginning at the east quarter corner of said Section 14 and an existing monument in case, thence along the south line of said northeast quarter of Section 14, N 88025'05" W 665.47 feet to the southeast corner of said southwest quarter of the southeast quarter of the northeast quarter, also being an existing monument in case; thence N 21021'22" W 206.45 feet to the southerly right of way of 1 ih Street, also being the True Point of Beginning; thence along said southerly right of way, N88020'16"W 237.35 feet; thence leaving said southerly right of way, S 1006'56" W 111.08 feet to the northerly right of way of 11th Street; thence along said northerly right of way, S80054'40"E 26.88 feet; thence S1001'26'W 10.00 feet; thence S88058'34"E 175.24 feet; thence leaving said northerly right of way, N 1 001'26"E 21.46 feet; thence N 20030'58"E 1 06.87 feet to the True Point of Beginning. Subject to and together with an ingress, egress and parking easement over and upon that portion of the property described as follows: Beginning at the said True Point of Beginning, being also the True Point of Beginning for this easement; thence along the said southerly right of way of 1 ih Street, N 88020'16"W 35.66 feet; thence leaving said southerly right of way, S 1001'26" W 101.14 feet to the said westerly right of way of 11 th Street; thence along said westerly right of way, N 20030'58"E 1 06.87 feet to the True Point of Beginning. Said easement to be extinguished and terminated at midnight upon the date December 31,2009. 20 September 2006 ..- ~32 w Q.. ~ ~ E- o ..:l Q.. .. ..0 In ~ o . o z N BO'S4'40' 26,88' ~ S 88'20'16" E "'>"'.~""-".'L .,'_v...._'_'-.....~._""'^""',"'" __,_,_. _.........,.. _ ~._, ....~.,"'^"'.__ ",,_..~,_... _._""_".........~__,._..~'" , to LrHE OF" v. llO' [F lJJT 3 o b ,1'2::, .<::.'\ ~~ Cl'). ~, ~ ~ N 88058(34' "vi ---- If7.t/8' SS8' 461 '32'l.I<MEA S ,) see' 4 8'08 ''W<HA Y NER) - S88021'55'( - 4645,17' CMEAS,) S88'23'21'(- 4644,77' (HAYNER) 237,35' r; j (';" ...._-. -->-.....-~._--~-:><-,- -~-'''':"_...'-_._....,;---. ! , ~. ....... ...:i C .... 275.24' It!!.. .'. ~~.~_..~_:~ ---- 127.D8'CPI..,.,n ~ """"UN< <r "-' "= CENTEIUNE: IT ~CT1lDl 14 --, \ ~ ~ ~S~. '\ ~ ~ ~ ~ ~ -=::1:: ~ ~ ~ '- -.-.--:;:::> .,-- _---.::.::.-:> ("~ Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum To: Froll: He: Date: Phil Williams, Director of Public Works and Utilities 1'. 1<;' Thelma Swem, Paralegal '~)J~-), Property Descriptions September 21, 2006 You recently asked me to provide legal descriptions for the following properties: . Warren Avenue Tennis Courts . Old CenCom property . Capital Hill Fire Station I attach a copy of the legaldescription"ofthe Warren Avenue Tennis Courts that was created by Gunnar Fridriksson as a result ofthe pending boundary line adjustment. The legal description enclosed for the Capital Hill Fire Station is extracted from the commitment for title insurance that I received from Land Title Company. I do not have a complete, accurate legal description for the CenCom property. I understand that Gunnar will write a legal once the property has been surveyed. Please let me know if you need anything further. Irf'....e.:...: ~,~~,::.':: COMMITMENT FOR TITLE INSURANCE Office File No.: E-207711 EXHIBIT "A" DESCRIPTION: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER; THENCE ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SOUTH 1016'41" WEST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF 6TH STREET, ALSO BEING THE NORTHWEST CORNER OF LOT 1, BLOCK 1 OF THE PLAT OF FIRST ADDITION TO CHARLESTON, AS RECORDED IN VOLUME 4 OF PLATS, PAGE 57, RECORDS OF KITSAP COUNTY, WASHINGTON; THENCE ALONG THE SAID SOUTHERLY RIGHT OF WAY MARGIN, NORTH 88054'11" WEST 75.78 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID SOUTHERLY RIGHT OF WAY, NORTH 88054'11" WEST 124.22 FEET; THENCE LEAVING SAID SOUTHERLY RIGHT OF WAY MARGIN, SOUTH 1016'41" WEST 150.00 FEET; THENCE SOUTH 65049'06" EAST 143.10 FEET TO THE WESTERLY RIGHT OF WAY MARGIN OF FORD AVENUE; THENCE ALONG SAID WESTERLY RIGHT OF WAY MARGIN, NORTH 14007'42" EAST 58.20 FEET; THENCE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 75052'18" WEST 129.70 FEET, THROUGH AN ARC DISTANCE OF 30.62 FEET; THENCE NORTH 1022'14" EAST 89.73 FEET; THENCE ON A CURVE TO THE LEFT, THE CENTER OF WHICH BEARS NORTH 88"37'46" WEST 25.00 FEET, THROUGH AN ARC DISTANCE OF 39.63 FEET TO THE SAID SOUTHERLY RIGHT OF WAY MARGIN OF 6TH STREET AND THE TRUE POINT OF BEGINNING. c~~d 0a\c I~ dl /';;;-~t.fO I -~.. {);;2-d-. - cJOO ~ /5 ;)-lfDI-L/-DJ-/- ;)-007 tI jJ Ji'L( 9cc6~ Commitment Exhibit A-Legal Description (E-207711.PFD/E-20771117) AGENDA BILL CITY OF BREMERTON CITY COUNCIL 118/1. 06- ~ -' DATE SUBMITTED: 10-2-2006 'A ................................a....................................................... SUBJECT: Ordinance No. q ~ 83 amending certain chapters of Title 2 BMC relating to Administration and Personnel Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: 10-11-06 10-18-06 Financial Se~ees Laura LyoW Phil Will~m . 473-5722 Phone: SUMMARY: Staff is proposing amendments to Title 2 BMC relating to the reorganization of certain offices in order to obtain greater efficiency in the provision of administrative and support services for the City. The recommended change includes moving Information Technology functions to the Public Works & Utilities Deparment and adding responsibility for management ofthe Conference Center Operating Fund to the responsibilities of the Director of Financial Services. ATTACHMENTS: Discussion Memo. FISCAL IMPACTS (Include Budgeted Amount): None. APPROVALS: DEP ARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: I CONSENT AGENDA 0 I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve Ordinance No. 113.3 amending Title 2 BMC relating to reorganization of certain offices. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. LJ q R3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.09 of the Bremerton Municipal Code entitled "Department of Financial Services", and Chapter 2.10 of the Bremerton Municipal Code entitled "Department of Public Works and Utilities", relating to reorganization of Information Technology and management of the Conference Center Fund for more efficient delivery of administrative services of city government. WHEREAS, the City Council desires to amend chapters of the Bremerton Municipal Code relating to city departments in order to obtain more efficiency in the provision of certain administrative services of city government; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.09 of the Bremerton Municipal Code entitled "Department of Financial Services" is hereby amended to read as follows: Chapter 2.09 DEPARTMENT OF FINANCIAL SERVICES 2.09.010 DEPARTMENT CREATED. There is hereby created the Department of Financial Services. (a) Divisions. The Department of Financial Services shall consist of the following divisions, as well as any other divisions established by the City Council: 1. Finance; ') Infonnation Technology; 23-. Office of the City Clerk; ;24. Human Resources; 4~. Office of Risk Management and Safety; and 26. Bremerton Kitsap Access Television (BKA T). (b) Duties. Director of Financial Services shall be in charge of the Department of Financial Services and all divisions established thereunder. The duties enumerated in each division as set forth in this chapter may be reassigned within the Department of Financial Services at the discretion ofthe Director of Financial Services for the purpose ofachieving work efficiencies. The Director of Financial Services is also responsible for the management ofthe Conference Center Operating Fund. 1 Information Technology 2.09.020 DIRECTOR OF FINANCIAL SERVICES AND DIVISION MANAGERS - POSITIONS CREATED AND APPOINTMENT. (a) Department Director - Appointment. There is hereby created the position of Director of Financial Services who shall be in charge of the Department of Financial Services and all divisions established thereunder. The Director of Financial Services shall have complete charge of all of the work of the Department and shall be responsible for hiring and supervising employees of the Department. The Director of Financial Services shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department. All appointees to the position of Director of Financial Services are terminable at will by the Mayor as set forth in Chapter 2.05 BMC. (b) Division Managers - Appointment. There are hereby created the positions of Finance Officer, Infonnution Technology Manager, Human Resources Manager, City Clerk, Risk Manager, and Public Access Manager as managers for their respective divisions. The managers (hereinafter "managers" or "division managers") shall manage the operations of their respective divisions and shall report directly to the Director of Financial Services. The division managers shall be appointed by and shall serve at the pleasure of the Director of Financial Services, subject to the approval of the Mayor, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the division. All appointees to the division manager positions shall serve as "at will" employees subject to termination by the Director of Financial Services without cause at any time with no notice or hearing unless otherwise provided pursuant to applicable civil service rule or regulation, the City Charter, ordinance, or terms and conditions as approved by the City Council. 2.09.030 FINANCE DIVISION CREATED - DUTIES. There is hereby created the Finance Division for the purpose of performing all finance and accounting functions of the City of Bremerton. The division shall be managed by the Finance Officer who shall serve as the City Treasurer. It shall be the duty of the Finance Officer to: (a) Be responsible for assisting in the management of the City's investment and debt portfolios. (b) Assist City administration in budget preparation and monitoring. (c) Maintain the accounting system in accordance with generally accepted accounting principles (GAAP). (d) Maintain the payroll system. (e) Exercise control of accounts payable and purchasing. (f) Maintain an inventory of capital assets. (g) Collect and account for all City funds. 'fohe Finance Officer shall perform such other duties as the Mayor and Director of Financial Services may direct or as may be required by law. ~.09.040 INFORMATION TECHNOLOCY DIVISION CREATED DUTIES. There is hereby creuted the Information Technology Di,,'ision for the purpose of perfol1lling nIl infonnation tcchr..ologv operations o[the City. The division shall be managed bv __ __.; .. I..J .. 2 Information Technology the Infonnation Technology Manager. It shall be thc duty ofthc Infol11wtioIi Tcc~6Y tvlanager to: (a) Direct the nctiviti.:s of the Inf(.lrmution Technology di\'ision with the responsibility to prO\idc tcclmologicnllcudcrship in systcm.; planning, implementation und support programs. (b) Direct the developmcnt and maintenance oflong rang:.: information processing plans und budget;. (e) L\ct as [1 contact person with user departments responding to und analyzing their lllqumcs. The Infonnation Technology Manager shall pcrftJrm ~meh other duties [13 the Mayor or thc Director of Financiul Serviccs may direct or as may be required by 1m\". 2.09.050 OFFICE OF THE CITY CLERK CREATED - DUTIES. There is hereby created the Office of the City Clerk for the purpose of performing all records management functions ofthe City. The division shall be managed by the City Clerk. It shall be the duty of the City Clerk to act as the official records keeper of the City and in such capacity shall perform those duties as required by the laws of the State, City Charter or City Code. The City Clerk shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.060 OFFICE OF HUMAN RESOURCES CREATED - DUTIES~ There is hereby created the Office of Human Resources. The division shall be managed by the Human Resources'Manager. It shall be the duty of the Human Resources Manager to: (a) Assist City departments with recruitment, testing and hiring as applicable. (b) Advise City departments on professional personnel management practices including performance evaluations and employee relations. (c) Support City labor negotiator and negotiations advisory team. (d) Conduct employee training and counseling. (e) Administer employee benefit programs. (f) Maintain personnel records. (g) Perform salary surveys. (h) Serve as liaison between the administration and Civil Service Commission. (i) Coordinate temporary placements in support of the City Workers Compensation Program. The Human Resources Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. 2.09.070 OFFICE OF RISK MANAGEMENT AND SAFETY. The division shall be managed by the Risk Manager. It shall be the duty of the Risk Manager to carry out the provisions of Chapter 2.92 BMC. The Risk Manager shall perform such other duties as the Mayor and the Director of Financial Service may direct or as may be required by law. 3 Information Technology 2.09.080 BREMERTON KIT SAP ACCESS TELEVISION (BKAT) DIVISION CREATED - DUTIES. There is hereby created the Bremerton Kitsap Access Television (BKA T) Division for the purpose of performing all public access television functions ofthe City. The division shall be managed by the Public Access Manager. It shall be the duty of the Public Access Manager to manage the production, programming and operation of the local access television station. The Public Access Manager shall perform such other duties as the Mayor or the Director of Financial Services may direct or as may be required by law. SECTION 2. Section 2.10.030 of the Bremerton Municipal Code entitled "Duties" relating to the Department of Public Works and Utilities is hereby amended to read as follows: 2.10.030 DUTIES. The Director of Public Works shall provide for the operation, maintenance and administration of engineering, streets and public works, capital projects, facilities, equipment services, and municipal utilities owned or acquired by the City including, but not limited to the following: (a) Establish and maintain centralized public works and utilities including business operations, customer service and billing, capital projects management, property management and facilities maintenance. (b) Manage public works and utilities engineering projects, including field surveys, grant applications, financing, drawings and specifications, permitting, inspections, construction project and contract management and records management. (c) Manage public works field operations including construction and maintenance of streets, electronic communications equipment, traffic signs and signals and street lighting programs. (d) Manage utility operations including constructi~:m and maintenance work on sanitary, storm, and water distribution and collection infrastructure and systems, meter reading, installation and repair services and First Response customer service program. (e) Manage all aspects of water sources, quality, treatment and compliance with applicable regulations, including operation and maintenance of water delivery systems, storage and supply resources. (f) Manage wastewater pretreatment, treatment, sanitary systems maintenance and operations. (g) Manage watershed operations including forest management and wastewater solids programs. (h) Manage all aspects of fleet maintenance and equipment services. (i) Manage the infom1ation technologv program for the Citv. The Director of Public Works shall perform such other duties as the City Councilor Mayor may direct or as may be required by law. SECTION 3. 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 of this ordinance and the same shall remain in full force and effect. 4 Information Technology SECTION 4. 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 ,2006 CECIL McCONNELL, Council President Approved this day of , 2006 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the. EFFECTIVE the ORDINANCE NO. ,2006 ,2006 day of day of R: \Legal\Legal\Ordinances\legal\IT division. doc 5 Information Technology l'm""i""':...'..... r,~' .;, r ','- " . . ,.. . . Ji~." '.,,_.' .., _ ;.r,'_~:...',,'_...,"'.,".._.. _,d;'" i~~r~~.~i~ ;.~, '.'Cr...... Memorandum To: From: City Council Mayor Cary Bozemanyf Laura Lyon, Director of Financial Services /I ~/ Phil Williams, Director of Public Works & cif1lit~ //1' . Re: Organizational Changes Date: October 2, 2006 On March 29th, 2006 the City Council approved an organizational change that incorporated the Risk Management and Human Resources functions into the Financial Services Department. The original staff proposal for this change also included a move of the Information Technology function from Financial Services to the Public Works & Utilities Department. In response to a request to hold this portion of the action until a pending internal audit on the Information Technology was concluded, this portion of the action was removed - with the expectation that it would be brought back separately upon conclusion of the internal audit process. The internal audit on the Information Technology department has now been concluded and staff is requesting the City Council to act on this last portion of the proposed organization changes. The action proposed is to change the responsibility for managing Information Technology from the Financial Services Division to the Public Works & Utilities Department. A physical move of Information Technology staff is not being proposed - as their ongoing presence in the Norm Dicks Government Center is considered important to the performance of their duties for the City. However, the oversight and coordination of the Information Technology functions would be under the responsibility of the Director of Public Works & Utilities along with the existing support functions of telecommunications and general facilities management. The three areas as combined under one Department umbrella should provide a cohesive and more integrated facilities and technology support function for the City. This is particularly important with the IT and Telecommunications functions where the two technologies are converging with today's digital capabilities. The internal audit of Information Technology completed in May 2006 provided observations for areas of improvement within the division. In addition, as part of that review an independent technology assessment analysis and recommendation report was prepared by Moss Adams LLP. The internal review and Moss Adam LLP report had many observations that have either been already addressed and/or corrected or are improved by the proposed organizational change. In addition, a technology steering committee has been recently formed which includes all the department heads and one member of the City Council (Will Maupin) to ensure that two of the primary recommendations of the Moss Adams report are addressed, more specifically: . "Form a Steering Committee or equivalent to help guide the efforts of the City's Information Technology Department"; and · "Information Technology should be more visible at the Executive level." The purpose and scope of the steering committee addresses the first observation and the composition of the steering committee addresses the second. The steering committee has begun operation and holds regularly scheduled meetings on a monthly basis. Staff believes that the proposed organizational change helps to achieve the improvements outlined in both of these reports. In addition, a recently completed internal audit management report for the Conference Center Management Contract indicated several observations most of which require minor amendments to the Columbia Hospitality Inc contract to conform provisions to actual practices (budget submittal dates), technical corrections, and definition refinements. The required contract adjustments will be attended to after the budget schedule has been completed. In addition to the suggested contract updates, there was also an observation that the contract and it's administration has not been assigned to a staff person for administration and monitoring oversight. The Mayor has indicated that the Director of Financial Services will be tasked with this responsibility and the proposed ordinance update for Title 2 BMC includes language to reflect the additional responsibility of the Director for the management of the Conference Center Operating Fund. Implementation of these organizational changes requires council approval by adoption of an ordinance that updates the BMC regarding departmental responsibilities. AGENDA BILL CITY OF BREMERTON CITY COUNCIL Jl18:jFol"t--:>>3 DATE SUBMITTED: 10/4/06 1.8 ........................................................................................ SUBJECT: Compensation recommendations consideration. Management/Professional Advisory Committee to Council for Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 11,2006 October 18, 2006 City Council Will Maupin 473-5280 SUMMARY: The Management/Professional Compensation Advisory Committee comprised of Council members Will Maupin, Nick Wofford and Brad Gehring, has completed their review of all Management/Professional positions' classifications and pay band assignments. This was accomplished by an in depth review of salary information gathered and prepared by the HR staff at the direction of the committee. A second review was undertaken for those positions that did not have good comparables including an internal review rating by the committee and/or expansion ofthe survey area to get better matches. To complete the process, a final appeal hearing was held for one incumbent, who did not feel the recommended band assignment was correct. The Management/Professional Pay Plan as recommended by the committee also takes into account internal equity, parity and compression issues as identified in the course of this review. ATTACHMENTS: Revised Management/Professional Pay Plan with recommended pay band assignments incorporated. Resolution No. 2989 re: Retroactivity FISCAL IMP ACTS (Include Budgeted Amount): The cost for implementing the recommended changes are: 2006 (4-16-06 to 12-31-06) $48,112.47 and for 2007 $67,114.33. There are sufficient funds in the miscellaneous non-departmental budget labor set aside to cover the cost of the reassignments as proposed. RECOMMENDED MOTION: Move to approve the Revised anagement/Professional Pay Plan and to authorize a budget adjustment from the miscellaneous non-departmental budget labor set aside to the appropriate departments to cover the additional cost for implementation of the recommended Pay Plan. APPROVALS: ~ DEP ARTMENT DIRECTOR/ A " CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action CITY OF BREMERTON MANAGEMENT SALARY PLAN - 2006 As approved by Council on 10-18-06 retroactive to April 16, 2006 PAY SALARY BAND . TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 23 Police Chief APPROX MO 8,099 8,509 8,722 8,940 9,163 9,392 9,627 9,868 ACTUAL SEMI-MO. 4,049.47 4,254.48 4,360.84 4,469.86 4,581.61 4,696.15 4,813.55 4933.89 . ANNUAL 97,187.28 102,107.52 104,660.16 107,276.64 109,958.64 112,707.60 115,525.29 118,413.33 22 City Attorney APPROX MO 7,709 8,099 8,301 8,509 8,722 8,940 9,163 9,392 Fire Chief ACTUAL SEMI-MO. 3,854.34 4,049.47 4,150.71 4,254.48 4,360.84 4,469.86 4,581.61 4,696.15 Director of Public Works & Utilities ANNUAL 92,504.16 97,187.28 99,617.04 102,107.52 104,660.16 107,276.64 109,958.64 112,707.60 Director of Financial Services Redevelopment Projects Administrator 21 Director of Community Development APPROX MO 7,337 7,709 7,901 8,099 8,301 8,509 8,722 8,940 ACTUAL SEMI-MO. 3,668.61 3,854.34 3,950.70 4,049.47 4,150.71 4,254.48 4,360.84 4,469.86 ANNUAL 88,046.64 92,504.16 94,816.80 97,187.28 99,617.04 102,107.52 104,660.16 107,276.64 20 Director of Parks & Recreation APPROX MO 6,984 7,337 7,521 7,709 7,901 8,099 8,301 8,509 Human Resources'Manager ACTUAL SEMI-MO. 3,491.83 3,668.61 3,760.33 3,854.34 3,950.70 4,049.47 4,150.71 4,254.48 City Engineer ANNUAL 83,803.92 88,046.64 90,247.92 92,504.16 94,816.80 97,187.28 99,617.04 102,107.52 Assistant Fire Chief 19 Assistant City Attorney III APPROX MO 6,647 6,984 7,158 7,337 7,521 7,709 7,901 8,099 ACTUAL SEMI-MO. 3,323.57 3,491.83 3,579.13 3,668.61 3,760.33 3,854.34 3,950.70 4,049.47 ANNUAL , 79,765.68 83,803.92 85,899.12 88,046.64 90,247.92 92,504.16 94,816.80 97,187.28 18 APPROX MO 6,327 6,647 6,813 6,984 7,158 7,337 7,521 7,709 ACTUAL SEMI-MO. 3,163.42 3,323.57 3,406.66 3,491.83 3,579.13 3,668.61 3,760.33 3,854.34 ANNUAL 75,922.08 79,765.68 81,759.84 83,803.92 85,899.12 88,046.64 90,247.92 92,504.16 17 Assistant City Attorney II APPROX MO 6,022 6,327 6,485 6,647 6,813 6,984 7,158 7,337 City Auditor ACTUAL SEMI-MO. 3,010.99 3,163.42 3,242.51 3,323.57 3,406.66 3,491.83 3,579.13 3,668.61 ANNUAL 72,263.76 75,922.08 77,820.24 79,765.68 81,759.84 83,803.92 85,899.12 88,046.64 16 Finance Officer APPROX MO 5,732 6,022 6,173 6,327 6,485 6,647 6,813 6,984 Forestry Manager ACTUAL SEMI-MO. 2,865.90 3,010.99 3,086.26 3,163.42 3,242.51 3,323.57 . 3,406.66 3,491.83 IS Manager ANNUAL 68,781.60 72,263.76 74,070.24 75,922.08 77,820.24 79,765.68 81,759.84 83,803.92 Managing Engineer Planning Manager Public Works Operations Manager Risk Manager Utility Operations Manager Wastewater Manager Water Resources ManaQer . 15 Court Services Manager APPROX MO 5,456 5,732 5,875 6,022 6,173 6,327 6,485 6,647 Development Manager ACTUAL SEMI-MO, 2,727.80 2,865.90 2,937.55 3,010.99 3,086.26 3,163.42 3,242.51 3,323.57 Proiect Manager ANNUAL 65,467.20 68,781.60 70,501.20 72,263.76 74,070.24 75,922.08 77,820.24 79,765.68 14 Assistant Finance Officer APPROX MO 5,193 5,456 5,592 5,732 5,875 6,022 6,173 6,327 City Clerk ACTUAL SEMI-MO. 2,596.36 2,727.80 2,796.00 2,865.90 2,937.55 3,010.99 3,086.26 3,163.42 Public Works & Utilities Financial Manager ANNUAL 62,312.64 65,467.20 67,104.00 68,781.60 70,501.20 72,263.76 74,070.24 75,922.08 CITY OF BREMERTON MANAGEMENT SALARY PLAN - 2006 As approved by Council on 10-18-06 retroactive to April 16, 2006 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 13 Assistant City Attorney I APPROX MO 4,943 5,193 5,323 5,456 5,592 5,732 5,875 6,022 Fleet Manager ACTUAL SEMI-MO. 2,471 .25 2,596.36 2,661 .27 2,727.80 2,796.00 2,865.90 2,937.55 3,010.99 ANNUAL 59,310.00 62,312.64 63,870.48 65,467.20 67,104.00 68,781.60 70,501.20 72,263.76 12 Athletics/Recreation Manager APPROX MO 4,704 4,943 5,066 5,193 5,323 5,456 5,592 5,732 Parks Maintenance Manager ACTUAL SEMI-MO. 2,352.18 2,471.25 2,533.03 2,596.36 2,661.27 2,727.80 2,796.00 2,865.90 Police Support Manager ANNUAL 56,452.32 59,310.00 60,792.72 62,312.64 63,870.48 65,467.20 67,104.00 68,781.60 11 Park Development Planner APPROX MO 4,478 4,704 4,822 4,943 5,066 5,193 5,323 5,456 Public Access Manager ACTUAL SEMI-MO. 2,238.84 2,352.18 2,410.98 2,4 71 .25 2,533.03 2,596.36 2,661.27 2,727.80 ANNUAL I;:~ 7~? 1~ "'" A"" ..." 57,863.52 , ,~~,;~~O:~.~ "n '70'> '7'> 62,312.64 63,870.48 65,467.20 SEM!iMQI5Effill~QMj:f 1.'b2!!li""9g IIftll!iii!!ll~ij3i8~ .:::;:{::",,::::::::::~,,-,.--,,-:;,:, 1!lIlJiii1'69:!11 @."".i%98;85 'i.fCb106.45 10 APPROX MO 4,262 4,478 4,590 4,704 4,822 4,943 5,066 5,193 ACTUAL SEMI-MO, 2,130.96 2,238.84 2,294.81 2,352.18 2,410.98 2,471 .25 2,533.03 2,596.36 ANNUAL 51,143.04 53,732.16 55,075.44 I;:~ AI;:? ~'> 57,863.52 59,310.00 60,792.72 62,312.64 sEM1LMQfDE~CQMell! "11"""""'" II!s9:!sJ Jlli!!ill.~1:~~ 111!!!il'lii~8:SS ;Ui!!!!!l,lol;3,2 !i'!J!iiiii'103!85 "'-,-'0<'- .r . iJJli85;24 9 APPROX MO 4,057 4,262 4,368 4,478 4,590 4,704 4,822 4,943 ACTUAL SEMI-MO. 2,028.28 2,130.96 2,184.23 2,238.84 2,294.81 2,352.18 2,410.98 2,471 .25 ANNUAL 48,678.72 51,143.04 52,421.52 53,732.16 55,075.44 56,452.32 57,863.52 59,310.00 SEMI:MQ'DE/ZiI:.;QMPJj )';'f'wW1ili85;24 WI;'.;I;,illJ? i871;37 .ilBJaillJii89.:55 .;liiIT .'9:1':719 "ri94.all "t4Ui%96.44 !fiii.fii 9818,5 8 APPROX MO 3,861 4,057 4,158 4,262 4,368 4,478 4,590 4,704 ACTUAL SEMI-MO. 1 ,930.55 2,028.28 2,078.99 2,130.96 2,184.23 2,238.84 2,294.81 2,352.18 ANNUAL .., ........."n Aa ~'7a '7'> AO ao" '7" 51,143.0<' 52,421.52 53,732.16 55,075.44 56,452.32 SEM1LMQliEiE~ICQMI;i; ,.......:;;;: ':.: illiili@'illi'IS]:31 '.;89;55 JI!!!9t:l.9 ;:;,'.,%,,,,/A;W' h'''.-.-.., me ii94.09. 7 APPROX MO 3,675 3,861 3,958 4,057 4,158 4,262 4,368 4,478 ACTUAL SEMI-MO. 1 ,837.52 1,930.55 1,978.81 2,028.28 2,078.99 2,130.96 2,184.23 2,238.84 ANNUAL 44,100.48 46,333.20 47,491.44 48,678,72 49,895.76 51,143.04 52,421.52 53,732.16 6 APPROX MO 3,498 3,675 3,767 3,861 3,958 4,057 4,158 4,262 ACTUAL SEMI-MO. 1 ,748.98 1,837.52 1 ,883.46 1 ,930.55 1,978.81 2,028.28 2,078.99 2,130.96 ANNUAL 41,975.52 44,100.48 45,203.04 46,333.20 47,491.44 48,678.72 49,895.76 51,143.04 5 APPROX MO 3,329 3,498 3,585 3,675 3,767 3,861 3,958 4,057 ACTUAL SEMI-MO. 1 ,664.70 1,748.98 1,792.70 1 ,837.52 1,883.46 1,930.55 1,978.81 2,028.28 ANNUAL 39,952.80 41,975.52 A'> n'>A an 44,100.48 AI;: ;'n~ nA 46,333.20 47,491.44 48,678.72 sEf,..rf;Mo'DEi?ueoMP1! ';?"e<.- 1l!;J;66159 '1!!!!!!!!!li!!!69':9~ ;;J.I".77!22 VI.....z~!fS ;1Illi31113 4 APPROX MO 3,169 3,329 3,413 3,498 3,585 3,675 3,767 3,861 ACTUAL SEMI-MO. 1,584.49 1,664.70 1,706.32 1 ,748.98 1,792.70 1 ,837.52 1,883.46 1 ,930.55 ANNUAL 38,027.76 39,952.80 40,951.68 41,975.52 43,024.80 44,100.48 45,203.04 46,333.20 3 APPROX MO 3,018 3,169 3,248 3,329 3,413 3,498 3,585 3,675 ACTUAL SEMI-MO. 1 ,509.04 1,584.49 1 ,624.10 1 ,664.70 1,706.32 1 ,748.98 1,792.70 1 ,837.52 ANNUAL 36,216.96 38,027.76 38,978.40 39,952.80 40,951.68 41,975.52 43,024.80 44,100.48 PAY BAND 22 TITLE 21 20 19 18 17 16 15 14 CITY OF BREMERTON PROFESSIONAL, CONFIDENTIAL & FIDUCIARY PAY PLAN - 2006 FINAL Committee Recommended Version 9-13-06 SALARY BASE RATE 1 RATE 2 RATE 3 APPROX MO 7,709.00 8,099.00 8,301.00 ACTUAL SEMI-MO. 3,854.34 4,049.47 4,150.71 ANNUAL 92,504.16 97,187.28 99,617.04 $EM,:MQ'.tDEF'COn '154'.d7iii:':i1,6.'1.'~~; ','i>Nt.~6:Q3"" APPROX MO 7,337.00 7,709.00 7,901.00 ACTUAL SEMI-MO. 3,668.61 3,854.34 3,950.70 ANNUAL 88,046.64 92,504.16 94,816.80 ~S'E-Mr:.J~o':rb~:-GZCCr~ ';' -:;:0);{i~~{f4,6:~'Z.lr~ ""-:"""j:;S4j.:7> J(F::>--; ~1'58~,'b3t '~'~'_'_', APPROX MO 6,984.00 7,337.00 7,521.00 ACTUAL SEMI-MO. 3,491.83 3,668.61 3,760.33 ANNUAL 83,803.92 88,046.64 90,247.92 SEM',:MbDEF,GO~k:1igf' " '146:'74 ',;;::150.41 APPROX MO 6,647.00 6,984.00 7,158.00 ACTUAL SEMI-MO. 3,323.57 3,491.83 3,579.13 ANNUAL 79,765.68 83,803.92 85,899.12 SEM':r,IJO'()EI:;GQ~ "i;i~:l32194iSi,{)ii'.i139:67 14~.:17, ." APPROX MO 6,327.00 6,647.00 6,813.00 ACTUAL SEMI-MO. 3,163.42 3,323.57 3,406.66 ANNUAL 75,922.08 79,765.68 81,759.84 SEMI:MQtDEF'CQ~ ..'';'<''12$:54': ",::B:,{132:94' .jiiH36l2zd APPROX MO 6,022.00 6,327.00 6,485.00 ACTUAL SEMI-MO. 3,010.99 3,163.42 3,242.51 ANNUAL 72,263.76 75,922.08 77,820.24 SEMPMbQgfCO~:;i'126.44 ,.. i\{126:54i 129:70, ...... ',. APPROX MO 5,732.00 6,022.00 6,173.00 ACTUAL SEMI-MO. 2,865.90 3,010.99 3,086.26 ANNUAL 68,781.60 72,263.76 74,070.24 sEMjCMO;()EF'C0~ .::::~;.:.t"1'14\64" ........12Q..44., j'j';:''123.45 APPROX MO 5,456.00 5,732.00 5,875.00 ACTUAL SEMI-MO, 2,727.80 2,865.90 2,937.55 ANNUAL 65,467.20 68,781.60 70,501.20 $EMi;MOiDEFGOflif;..:::,..,i:lOQE1'1'; ;jt:'.::'..:ih4i@ .....<::fl.j.1z:50"".i APPROX MO 5,193.00 5,456.00 5,592.00 ACTUAL SEMI-MO. 2,596.36 2,727.80 2,796.00 ANNUAL 62,312.64 65,467.20 67,104.00 S..E........M.....,..-'..'.M... '. 0......,...... D........E.....,..F.......,......C.....O.. ....,...'.. '.'. ". .,.......,...,.........................1...0.......3... .............8.........5......'.......,... ,'i,'i;.'~ n;';%"~+ '. m .' .' ~i%;1.11:e4:i RATE 4 RATE 5 8,509.00 8,722.00 4,254.48 4,360.84 102,107.52 104,660.16 W' ';,:fi~o~;::1:8" "',w':::- :~,>ft:\+t4;i~.~:) 8,099.00 8,301.00 4,049.47 4,150.71 97,187.28 99,617.04 "';Dt61'.9S'; i';N.'.'~.lj6'6!b3 7,709.00 7,901.00 3,854.34 3,950.70 92,504.16 94,816.80 ,,;.i.ITiit:1S4.17:+;f "158fo3X .. 7,337.00 7,521.00 3,668.61 3,760.33 88,046.64 90,247.92 ir.::n!:f46'HT4;i~W;\C.:;.156.4:1 .... 6,984.00 7,158.00 3,491.83 3,579.13 83,803.92 85,899.12 ;\/;:;1';:1'39'.'67,' L 6,647.00 6,813.00 3,323.57 3,406.66 79,765.68 81,759.84 /,;j32,::g4:-' fot>/~i3Ef2't.' Xl(' 6,327.00 6,485.00 3,163.42 3,242.51 75,922.08 77,820.24 ;:lMl 26i5~':kJ.'}:29.i(W 6,022.00 6,173.00 3,010.99 3,086.26 72,263.76 74,070.24 ;:1'20.44( I........ ....... '"'~" 5,732.00 5,875.00 2,865.90 2,937.55 68,781.60 70,501.20 D'\i.;';;;:'1'14.64.! .,irk ~;<i" RATE 6 RATE 7 RATE 8 8,940.00 9,163.00 9,392.00 4,469.86 4,581.61 4,696.15 107,276.64 109,958.64 112,707.60 , ;1"7.~;tQ"';~ ....li.87.a$ 8,509.00 8,722.00 8,940.00 4,254.48 4,360.84 4,469.86 102,107.52 104,660.16 107,276.64 ..:,:')..tio:J~;I;;:..174i.43 ;:;1::178,79; 8,099.00 8,301.00 8,509.00 4,049.47 4,150.71 4,254.48 97,187.28 99,617.04 102,107.52 .. .'..ij161;98.;....I!i>;:.i~Ei.0:3;.i;ii.7oj.a; 7,709.00 7,901.00 8,099.00 3,854.34 3,950.70 4,049.47 92,504.16 94,816.80 97,187.28 ..'n'l154.1fll ,....;(.158.03". ":161'.':98 7,337.00 7,521.00 7,709.00 3,668.61 3,760.33 3,854.34 88,046.64 90,247.92 92,504.16 d !i:0i;f1'150At" .u. r. 7,158.00 7,337.00 3,579.13 3,668.61 85,899.12 88,046.64 . '0. '11'43:iI yi!146i74: 6,813.00 6,984.00 3,406.66 3,491.83 81,759.84 83,803.92 ';"13.6.27.;;;;1'1'39;67" 6,485.00 6,647.00 3,242.51 3,323.57 7r,;820:~47~,;!~,~:~~ "".-;. :,-",,12~..70.i" '.:',/132.94\') 6,173.00 6,327.00 3,086.26 3,163.42 74,070.24 75,922.08 .'..i:::'123..'45.:.;.......;126:54..i 6,984.00 3,491.83 83,803.92 ';:;."1.39!$7" 6,647.00 3,323.57 79,765.68 .,~ k;,:;!.132.~4(' . 6,327.00 3,163.42 75,922.08 ";:ii'8;'X126:$4.1 6,022.00 3,010.99 72,263.76 "!F120i44'; CITY OF BREMERTON PROFESSIONAL, CONFIDENTIAL & FIDUCIARY PAY PLAN - 2006 FINAL Committee Recommended Version 9-13-06 PAY SALARY BAND TITLE BASE RATE 1 RATE 2 RATE 3 RATE 4 RATE 5 RATE 6 RATE 7 RATE 8 13 APPROX MO 4,943.00 5,193.00 5,323.00 5,456.00 5,592.00 5,732.00 5,875.00 6,022.00 ACTUAL SEMI-MO. 2,471.25 2,596.36 2,661.27 2,727.80 2,796.00 2,865.90 2,937.55 3,010.99 ANNUAL 59,310.00 62,312.64 63,870.48 65,467.20 67,104.00 68,781.60 70,501.20 72,263.76 12 COBG Administrator APPROX MO 4,704.00 4,943.00 5,066.00 5,193.00 5,323.00 5,456.00 5,592.00 5,732.00 ACTUAL SEMI-MO. 2,352.18 2,471.25 2,533.03 2,596.36 2,661.27 2,727.80 2,796.00 2,865.90 ANNUAL 56,452.32 59,310.00 60,792.72 62,312.64 63,870.48 65,467.20 67,104.00 68,781.60 SErJli:MOtbEFjbo~ "{;"!S4.09,,' <;1~y!f' ~.:'98;85;; ..101':32 .. .. ,g:,10:3!8S' ., 'Y,:.100.'45>; " "',:,;.,':')':]115$.;t1' 'YiP(.. . V':';:1~~,6'4 11 Executive Assistant APPROX MO 4,478.00 4,704.00 4,822.00 4,943.00 5,066.00 . 5,193.00 5,323.00 5,456.00 Legislative Assistant ACTUAL SEMI-MO. 2,238.84 2,352.18 2,410.98 2,471.25 2,533.03 2,596.36 2,661.27 2,727.80 Paralegal ANNUAL 53,732.16 56,452.32 57,863.52 59,310.00 60,792.72 62,312.64 63,870.48 65,467.20 Administrative Analyst S~M12M()".'b~F;"CO..~ .,.;i!.....ii.::S9..5S.. ;..;:",,94:09 ,F~%.':96.'44 ~ \" "'98.85! !' ;\.1Q1(32" < ,S ";;".);"163:85'0 ;.1'.d~.45'.';' '-:"}.; . . 10 Budget Analyst APPROX MO 4,262.00 4,478.00 4,590.00 4,704.00 4,822.00 4,943.00 5,066.00 5,193.00 COBG Coordinator ACTUAL SEMI-MO, 2,130.96 2,238.84 2,294.81 2,352.18 2,410.98 2,471.25 2,533.03 2,596.36 HR Analyst ANNUAL 51,143.04 53,732.16 55,075.44 56,452.32 57,863.52 59,310.00 60,792.72 62,312.64 9 APPROX MO 4,057.00 4,262.00 4,368.00 4,478.00 4,590.00 4,704.00 4,822.00 4,943.00 ACTUAL SEMI-MO. 2,028.28 2,130.96 2,184.23 2,238.84 2,294.81 2,352.18 2,410.98 2,471.25 ANNUAL 48,678.72 51,143.04 52,421.52 53,732.16 55,075.44 56,452.32 57,863.52 59,3~.0.00 SEMi.FlAOi[)EF:'COTl{ is....;i.~1'.1~!. %' .8$:24 j.........,~.:':.;87.3ti ';nAsyr ..');>'.:::,.8.9';$5, :(';}'9.1.79 ....)94)09 I. ",,~,'-'-', .. -:.#i-,;-, 8 BKAT Production Administrator APPROX MO 3,861.00 4,057.00 4,158.00 4,262.00 4,368.00 4,478.00 4,590.00 4,704.00 Civil Service Officer/HR Assistant ACTUAL SEMI-MO. 1,930.55 2,028.28 2,078.99 2,130.96 2,184.23 2,238.84 2,294.81 2,352.18 Council/Auditor Assistant ANNUAL 46,333.20 48,678.72 49,895.76 51,143.04 52,421.52 53,732.16 55,075.44 56,452.32 7 APPROX MO 3,675.00 3,861.00 3,958.00 4,057.00 4,158.00 4,262.00 4,368.00 4,478.00 ACTUAL SEMI-MO. 1,837.52 1,930.55 1,978.81 2,028.28 2,078.99 2,130.96 2,184.23 2,238.84 ANNUAL 44,100.48 46,333.20 47,491.44 48,678.72 49,895.76 51,143.04 52,421.52 53,732.16 6 APPROX MO 3,498.00 3,675.00 3,767.00 3,861.00 3,958.00 4,057.00 4,158.00 4,262.00 ACTUAL SEMI-MO. 1,748.98 1,837.52 1,883.46 1,930.55 1,978.81 2,028.28 2,078.99 2,130.96 ANNUAL 41,975.52 44,100.48 45,203.04 46,333.20 47,491.44 48,678.72 49,895.76 51,143.04 5 APPROX MO 3,329.00 3,498.00 3,585.00 3,675.00 3,767.00 3,861.00 3,958.00 4,057.00 ACTUAL SEMI-MO. 1,664.70 1,748.98 1,792.70 1,837.52 1,883.46 1,930.55 1,978.81 2,028.28 ANNUAL 39,952.80 41,975.52 43,024.80 44,100.48 45,203.04 46,333.20 47,491.44 48,678.72 4 APPROX MO 3,169.00 3,329.00 3,413.00 3,498.00 3,585.00 3,675.00 3,767.00 3,861.00 ACTUAL SEMI-MO. 1,584.49 1,664.70 1,706.32 1,748.98 1,792.70 1,837.52 1,883.46 1,930.55 ANNUAL 38,027.76 39,952.80 40,951.68 41,975.52 43,024.80 44,100.48 45,203.04 46,333.20 3 APPROX MO 3,018.00 3,169.00 3,248.00 3,329.00 3,413.00 3,498.00 3,585.00 3,675.00 ACTUAL SEMI-MO. 1,509.04 1,584.49 1,624.10 1,664.70 1,706.32 1,748.98 1,792.70 1,837.52 ANNUAL 36,216.96 38,027.76 38,978.40 39,952.80 40,951.68 41,975.52 43,024.80 44,100.48 FINAL Committee Recommended Version Proposed Pay Band ChanQes Cost Out Position City Attorney B22/R8 112,708 N/C Police Chief B22/R8 112,708 B23/R7 115,525 2,817 Fire Chief B22/R8 112,708 N/C Dir. Public Works B22/R8 112,708 N/C Dir. Financial Svcs. B22/R6 107,277 N/C Dir. DCD B20/R8 102,108 B21/R7 104,660 2,552 Dir. Pks. & Rec. B19/R8 97,187 B20/R7 99,617 2,430 Redevel.Projects Admin B22/R8 112,708 N/C City Engineer B19/R6 92,504 B20/R5 94,817 2,313 Human Resources Manager B19/R7 94,817 B20/R6 97,187 2,370 City Clerk B12/R8 68,782 B14/R5 70,501 1,719 Ass!. City Attorney (Bagwell) B17/R2 75,922 N/C Ass!. City Attorney (Koontz) B17/R3 77,820 N/C City Auditor B17/R5 81,760 N/C Finance Officer B16/R8 83,804 N/C Ass!. Finance Officer B 14/R2 65,467 N/C Managing Engineer (Knuckey) B16/R7 81,760 N/C Managing Engineer (VACANT) B16/R1 68,782 N/C Ass!. Fire Chief B18/R8 92,504 B20/R5 94,817 2,313 Risk Manager B16/R8 83,804 N/C Planning Manager B15/R1 65,467 B16/R1 68,782 3,315 Development Mgr: B15/R1 65,467 N/C IS Manager B15/R8 79,766 B16/R7 81,760 1,994 PWks. Ops Mgr. B16/R8 83,804 N/C Utilities Ops Mgr. B15/R8 79,766 B 16/R7 81,760 1,994 Athletics/Recreation Mgr. B11/R5 60,793 B12/R4 62,313 1,520 Project Manager (Miller) B15/R8 79,766 N/C Project Manager (Price) B15/R8 79,766 N/C Project Manager (Lever) B15/R8 79,766 N/C Forestry Manager B15/R8 79,766 B 16/R7 81,760 1,994 Wasterwater Mgr. B15/R8 79,766 B16/R7 81,760 1,994 Water Resources Mgr. B15/R8 79,766 B 16/R7 81,760 1,994 Court Services Mgr. B12/R6 65,467 B 15/R2 68,782 3,315 HR Analyst B9/R7 57,864 B10/R6 59,310 1 ,446 CS Officer/HR Ass!. B8/R4 51 ,143 N/C Executive Ass!. B9/R8 59,310 B 11/R5 60,793 1,483 Legislative Ass!. B9/R6 56,452 B11/R3 57,864 1,412 Paralegal B9/R6 56,452 B11/R3 57,864 1,412 Budget Analyst B10/R1 51,143 N/C Admin. Analyst B11/R8 65,467 N/C Police Support Mgr. B11/R8 65,467 B11/R7 67,104 1,637 Park Development Planner (V) B11/R1 53,762 N/C CDBG Program Admin. B11/R4 59,310 B12/R3 60,793 1 ,483 CDBG Program Coord. B10/R1 51,143 N/C Pwks& Util Fin. Mgr. B11/R8 65,467 B14/R3 67,104 1,637 Parks Main!.Mgr. B12/R7 67,1 04 N/C Public Access Mgr. B9/R8 59,310 B11/R5 60,793 1 ,483 BKAT Prod. Administrator B5/R1 39,953 B8/R 1 46,333 6,380 Fleet Manager B12/R8 68,782 B13/R7 70,501 1,719 Council/Auditor Ass!. B5/R7 47,491 B8/R2 48,679 1,188 $ 3,792,584 Total cost: $ 55,914 1.4752% 2006 Other % Salary Oef Comp Benefits Total Police Chief New 115,525.00 4,621.00 228.28 120,374.28 Old 112,708.00 4,508.32 222.71 117,439.03 Oif 2,817.00 112.68 5.57 2,935.25 Dir. OCD New 104,660.00 4,186.40 12,343.18 121,189.58 Old 102,108.00 4,084.32 12,042.21 118,234.53 Dif 2,552.00 102.08 300.97 2,955.05 Dir. Pks. & Rec. New 99,617.00 3,984.68 11,748.43 115,350.11 Old 97,187.00 3,887.48 11,461.85 112,536.33 Dif 2,430.00 97.20 286.58 2,813.78 City Engineer New 94,817.00 3,792.68 11,182.34 109,792.02 Old 92,504.00 3,700.16 10,909.55 107,113.71 Dif 2,313.00 92.52 272.79 2,678.31 Human Resources Manager New 97,187.00 3,887.48 11,461.85 112,536.33 Old 94,817.00 3,792:'68 11,182.34 109,792.02 Dif 2,370.00 94.80 279.51 2,744.31 City Clerk New 70,501.00 2,820.04 8,314.61 81,635.65 Old 68,782.00 2,751.28 8,111.87 79,645.15 Dif 1,719.00 68.76 202.73 1,990.49 Asst. Fire Chief New 94,817.00 3,792.68 187.36 98,797.04 Old 92,504.00 3,700.16 182.79 96,386.95 Dif 2,313.00 92.52 4.57 2,410.09 Planning Manager New 68,782.00 2,751.28 8,111.87 79,645.15 Old 65,467.00 2,618.68 7,720.92 75,806.60 Dif 3,315.00 132.60 390.96 3,838.56 I S Manager New 81,760.00 3,270.40 9,642.45 94,672.85 Old 79,766.00 3,190.64 9,407.28 92,363.92 Dif 1,994.00 79.76 235.16 2,308.92 Utilities Ops Mgr. New 81,760.00 3,270.40 9,642.45 94,672.85 Old 79,766.00 3,190.64 9,407.28 92,363.92 Dif 1,994.00 79.76 235.16 2,308.92 Athletics/Recreation Mgr. New 62,313.00 2,492.52 7,348.95 72,154.47 Old 60,793.00 2,431.72 7,169.68 70,394.40 Oif 1,520.00 60.80 179.26 1,760.06 Forestry Manager New 81,760.00 3,270.40 9,642.45 94,672.85 Old 79,766.00 3,190.64 9.407.28 92.363.92 Dif 1,994.00 79.76 23516 2,308.92 V\fasterwater Mgr. New 81,760.00 3,27040 9,642.45 94,67285 Old 79,766.00 3,19064 9,407.28 92,363.92 Oif 1,994.00 79.76 235.16 2,308.92 Water Resources Mgr. New 81,760.00 3,270.40 9,642.45 94,672.85 Old 79,766.00 3,190.64 9,407.28 92,363.92 Dif 1,994.00 79.76 235.16 2,308.92 Court Services Mgr. New 68,782.00 2,751.28 8,111.87 79,645.15 Old 65,467.00 2,618.68 7,720.92 75,806.60 Dif 3,315.00 132.60 390.96 3,838.56 HR Analyst New 59,310.00 2,372.40 6,994.78 68,677.18 Old 57,864.00 2,314.56 6,824.25 67,002.81 Dif 1,446.00 57.84 170.54 1,674.38 Executive Asst. New 60,793.00 2,431.72 7,169.68 70,394.40 Old 59,310.00 2,372.40 6,994.78 68,677.18 Dif 1,483.00 59.32 174.90 1,717.22 Legislative Asst. New 57,864.00 2,314.56 6,824.25 67,002.81 Old 56,452.00 2,258.08 6,657.72 65,367.80 Dif 1,412.00 56.48 166.53 1,635.01 Paralegal New 57,864.00 2,314.56 6,824.25 67,002.81 Old 56,452.00 2,258.08 6,657.72 65,367.80 Dif 1,412.00 56.48 166.53 1,635.01 Police Support Mgr. New 67,104.00 2,684.16 7,913.98 77,702.14 Old 65,467.00 2,618.68 7,720.92 75,806.60 Dif 1,637.00 65.48 193.06 1,895.54 CDBG Program Admin. New 60,793.00 2,431.72 7,169.68 70,394.40 Old 59,310.00 2,372.40 6,994.78 68,677.18 Dif 1,483.00 59.32 174.90 1 ,717.22 Pwks& Util Fin. Mgr. New 67,104.00 2,684.16 7,913.98 77,702.14 Old 65,467.00 2,618.68 7,720.92 75,806.60 Dif 1,637.00 65.48 193.06 1,895.54 Public Access Mgr. New 60,793.00 2,431.72 7,169.68 70,394.40 Old 59,310.00 2,372.40 6,994.78 68,677.18 Dif 1,483.00 59.32 174.90 1,717.22 BKA T Prod. Administrator New 46,333.00 1,853.32 5,464.33 53,650.65 Old 39,953.00 1,598.12 4,711.90 46,263.02 Dif 6,380.00 255.20 752.43 7,387.63 Fleet Manager New 70,501.00 2,820.04 8,314.61 81,635.65 Old 68,782.00 2,751.28 8,111.87 79,645.15 Dif 1,719.00 68.76 202.73 1,990.49 Council/Auditor Asst. New 48,679.00 1 ,947. 16 5,741.01 56,367.17 Old 47,491.00 1,899.64 5,600.90 54,991.54 Dif 1,188.00 47.52 140.11 1,375.63 2006 Total Annual Increase 55,914,00 2,236.56 5,999.40 64,149.96 2006 Increase (Apr - Dee) 41,935.50 1,677.42 4,499.55 48,112.47 2007 Total Annual Increase 58,497.79 2,339.91 6,275.63 67,114.33 RESOLUTION NO. ~q~q A RESOLUTION of the City Council of the City of Bremerton, Washington, authorizing the retroactive application of salary adjustments for certain management and professional employee positions following conclusion of the current pay plan study and approval of a management and professional employee pay plan expected later this year. WHEREAS, during the 2006 budget review process, adjustments were proposed to the salaries for certain management and professional employee positions based upon the review of the salaries for management and professional employees; and WHEREAS, upon review ofthe proposed salary adjustments, the City Council requested a more comprehensive review of the positions and salaries; and WHEREAS, the review of management and professional employee positions and salaries is expected to be concluded later this year; and WHEREAS, because this review is expected to take a few months to complete, City Council believes it is appropriate to authorize any adjustments that may be approved to be effective on a date earlier than the anticipated completion date of the current study; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Salary adjustments authorized by the City Council as a result of the current pay plan study of management and professional employee positions shall be effective retroactive to April 16, 2006. SECTION 1. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. ~ PASSED by the City Council of the City of Bremerton, Washington this~ J dayof. _.dJI'ju ,2006. ~r;f;^~ CECIL McCONNELL, Council President 1 Retroactive Salary Adjustment APPROVED AS TO FORM: ~ ~t ~-" ROG . - A-:- LUBOVICH, 'ity Attorney R:\Lcgal\Legal\Rcsolutions\City Council\Rctroactivc Salary Adjustmcnt.doc - 2 Retroactive Salary Adjustment m... r:> CITY AUDITOR 345 6m Street, Suite 600, Bremerton, WA 98337-1873 ClJ Phone (360) 473-5369 TO: Bremerton City Council Members FROM: Carol Arends, Audit Committee Chair {!fr DATE: October 17, 2006 RE: Recommendations from ManaQement and Professional Employee Compensation Advisory Committee The audit committee, during their meeting last week, received some information on the compensation committee recommendations, and agreed to express its disagreement with a footnote proposal to downgrade the salary for the auditor position when future hiring takes place. The auditor, by design, is an independent official who must have oversight of all spending practices in all city departments. Institutionally, it is important that the auditor's peers in city government see that they are dealing with an equal, so the auditor's recommendations will be given the proper weight. Maintaining the current salary status for the auditor also will have the practical effect of making it easier to recruit auditors in the future. If current members of city staff see that the position is respected, they will aspire to be promoted from within. Likewise, if the city should need to recruit an auditor internally or from outside, prospective hires will see that it is a position worthy of consideration. Either way, the pool of applicants will be better and the city will stand to benefit. I will be happy to discuss the committee's recommendation with any or all of you. DA TE SUBMITTED: 10/4/06 nBtiDf, -;);)il AGENDA BILL ..................................~:~[~~~~~~~:...........................~~ SUBJECT: Amendments to BMC Chapter 2.50 incorporating recommended changes by the Management/Professional Compensation Advisory Committee to Council for consideration. Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: October 11, 2006 October 18, 2006 City Council Will Maupin 473-5280 SUMMARY: The Management/Professional Compensation Advisory Committee comprised of Council members Will Maupin, Nick Wofford and Brad Gehring, has completed their review of all Management/Professional benefits as outlined in BMC Chapter 2.50 as part of the Management/Professional Compensation Study. Employees requested that the committee review and consider the benefit package for management/professional employees, since the benefits offered to this group have not changed for at least 1 0 years; while in the interim, represented employees gained additional benefits through negotiations. A survey was completed by Human Resources based on those benefits that management/professional employees expressed interest. The recommended changes to BMC Chapter 2.50 incorporate the additional benefits proposed by the Committee. ATTACHMENTS: Proposed Ordinance amending Chapter 2.50 of the BMC. ..C) f/rdi/1.cini1J- ,(/J, tie {. FISCAL IMP ACTS (Include Budgeted Amount): The cost for implementing the recommended changes is: . Increase medical insurance stipend from $80 to $150, which results in a savings to the City of $153/month for employee only coverage and up to $466/month for dependents coverage. . Vision Plan coverage through A WC, which benefits all ManagementIProfessional employees, has a monthly premium of$15.99/employee as of 1-1-07, for a total monthly cost of $767.52, and annual cost of$9,210.24. . Offer Voluntary Short Term Disability on a voluntary basis through payroll deduction. There is no cost to the city for this adding this benefit. There are sufficient funds in the 206 General Fund non-departmental budget labor set aside to cover the cost of the additional benefits as proposed. i'j r. ,- . FISCAL/BUDGET: CONSENT AGENDA if! /.;- t ,.J ,~ OPERATIONS: ~----~ . . . COUNCIL PRESIDENT: &s.2?.,/lj' >yf-' RECOMMENDED MOTION: Move to approveffh:~~trld~en{~~6 t~:p~/t5b"~fthe BMC incorporating recommended benefit enhancements for Management/Professional employees and to authorize a budget adjustment from the 2006 General Fund non-departmental budget labor set aside to the appropriate departments to cover the additional cost for implementation of the recommended benefits. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COUNCIL ACTION: D Approve D Deny D Table o Continue D No Action Memo To: City Council From: Carol S. Conley, Manag r CC: Management/Professional Compensation Advisory Committee Date: October 4, 2006 Re: Other changes to BMC2.50 unrelated to benefits A review of BMC 2.50 indicated that some minor "housekeeping" changes (language that is outdated and no longer applicable) should be made, and those are included in the Ordinance. The other change not related to benefits is under section 2.50.030, subsection a). That section mandates that a salary survey for each position in this group be conducted every three (3) yeas; it is recommended that it be changed to every five (5) years. ORDINANCE NO. 49fj;:f AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending certain sections of Chapter 2.50 of the Bremerton Municipal Code relating to the Management and Professional Staff Compensation Program. WHEREAS, the a Management and Professional Compensation Committee was formed to review and make recommendations to City Council regarding the current City of Bremerton Management and Professional Staff Compensation Program; and WHEREAS, the City Council has reviewed the recommendations of the committee and desires to make certain changes to the Management and Professional Staff Compensation Program; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.50.030 of the Bremerton Municipal Code entitled "Salary Plan" is hereby amended to read as follows: 2.50.030 SALARY PLAN. A salary plan for management and professional staff shall be structured and salaries set for covered employees as follows: (a) Each position included in BMC 2.50.020 shall be assigned to a salary band. Assignment of positions to bands shall be based upon general salary levels paid by municipal governments of similar size, demography and financial resources for similar responsibilities. A salary survey for each position shall be conducted every tffi:ee.-five (5) years or as otherwise appropriate to ensure correct assignment to salary bands. The survey shall be conducted in conformance with a plan which shall be presented to the City Council prior to implementation and which shall specify: 1) the municipal governments to be included in the survey; 2) the criteria used to select the municipalities for inclusion; 3) identification of the procedures to be used; and 4) personnel assigned to conduct the survey. (1) Band Differential. The percentage differential between the maximum rates of salary bands shall be approximately five percent (5%). (2) Band Range. Salary rates of a band range shall have eight rates. Rate 1 is approximately 5% below Rate 2. Rate 2 through Rate 8 in the band shall be spread approximately 2.5%. The spread between the minimum and maximum rates shall be approximately twenty-two percent (22%). Effective January 1, 1993, the implementation year for the plan, Rate .5 shall be incorporated into each range whioh shall be approximately 2.5% below Rate 1. Rate 1.5 shall be incorporated into each range v/hich shall be approximately 2.5% belm',' Rate 2. Rate.5 and Rate 1.5 shall be removed from each range of the plan effective January 1, 1991. BMC2.50 Nlanagement and Professional Staff Compensation Program SECTION 2. Section 2.50.031 of the Bremerton Municipal Code entitled "Adjustment of Salary Band Levels" is hereby amended to read as follows: 2.50.031 ADJUSTMENT OF SALARY BAND LEVELS. The salary band levels shall be adjusted effective January 1, 1993 by 90% ofthe July 1992 CPI \"1 Seattle Index plus .5% with a minimum adjustment of 3% and a maximum adjustment of 5%. Effective January 1, 1991, salary band levels shall be adjusted by 90% of the July, 1993 CPI \"1 Seattle Index plus .5% v;ith a minimum adjustment of 3% and a maximum adjustment of 5%. Subsequently, tIhe City Council shall provide for adjustments to salary band levels as are consistent with the Council's CPI salary adjustment policy each year. SECTION 3. Section 2.50.032 of the Bremerton Municipal Code entitled "Actual Salary Rate" is hereby amended to read as follows: 2.50.032 ACTUAL SALARY RATE. Each person included in the plan shall have his or her actual salary rate set as follows: (a) Initial Rate. The salary rate of a person upon appointment to a management or professional position shall be set no lower than Rate I of the salary band to which an employee's position is assigned, Provided, hO'vVe'.'er, That an employee's salary rate may be set at Rate .5 effective January 1, 1993 and during the 1993 calendar year, the implementation year for the flkm. When it is in the best interest of the City, the City Council may authorize an initial salary of a newly hired person at. a rate which exceeds Rate 1. (b) In-Range Rate Adjustment. Each person hired on or after January 1, 1993 shall be eligible for a salary rate advancement upon completion of twelve full months at each rate in the salary band. Each person employed in a position in the plan on January 1, 1993, shall be eligible for a salary rate advancement on January I, of each calendar year. To receive an In- Range Rate Adjustment, the employee must be evaluated as "Meets Expectations" (or equivalent) on his or her work performance evaluation. Those employees who receive a rating that exceeds the rating "Meets Expectations" (or equivalent) may be eligible to receive an additional adjustment. The adjustment, if in excess of one rate, shall be determined by recommendation of the Department Head and Mayor, with the approval of the City Council. A rate advancement that was denied may be granted following a minimum sixty (60) day review period of the employee's performance. Notwithstanding the above, when it is in the best interest of the City, the City Council upon the recommendation of the Mayor may authorize an in-range adjustment to provide additional salary in instances of promotion, to provide for internal equity corrections, or for another reason deemed appropriate by the City Council. (c) Rate at Upgrading or Downgrading. Upon the City Council's approval of downgrading a person's classification to a lower salary band, the person's initial salary rate will be set at the same rate in the new band that was in effect in the former salary band. In the event a person's salary rate exceeds the maximum rate of the salary band to which his or her position is assigned on the date of downgrading, his or her actual salary rate shall be frozen until such time as the maximum rate of the new band is equal to or greater than his or her actual salary and, at such time, the employee's salary rate shall be set at the maximum rate of the salary band to which his or her position is assigned. 2 BMC 2.50 iYlanagement and Profe.....sional Staff Compensation Program In the event an employee is moved from one classification to another classification which is at a higher salary band or, if an employee's classification is moved from one band to a higher band, the employee's salary rate at the higher band shall be set at the next step which is higher than the salary he or she was receiving at the former band. Time the employee had served at the former step shall be used in determining the time required to advance to the next step of the new band. SECTION 4. Section 2.50.070 of the Bremerton Municipal Code entitled "Medical and Dental Insurance Benefits" is hereby amended to read as follows: 2.50.070 MEDICAL AND DENTAL INSURANCE BENEFITS. (a) A manager or staff member covered by this Program and who qualities for and is a member of the LEOFF lor II, and PERS I & II State Retirement Systems has the same medical and dental insurance plans, coverages and premium payments made available to him or her as are granted to the represented employees employed in his or her department who are included in that particular system. A manager or staff member who can provide documentation of alternative medical insurance coverage may elect to receive Eighty Dollars ($80.00) One Hundred Fifty Dollars ($150.00) per month in lieu of enrolling in a medical plan offered by the City. Effective January 1, 2007, the City will pay 100% of the cost of coverage for employees and dependents for Vision Coverage provided through the Association of Washington Cities. (b) Effective January 1, 2007, the City will otfer Short Term Disability Insurance Coverage to Management and Professional employees on a voluntary basis, which will be paid. by the employee through payroll deduction. . SECTION 5. Severabilitv. 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 of this 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 ,2006 CECIL McCONNELL, Council President Approved this day of ,2006 CAR Y BOZEMAN, Mayor 3 BMC 2.50 ~fanagement and Professional Staff Compensation Program ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\Lcgal\Legal\Ordinanccs\Human Resources\2006 Managment and ProFessional Staffdoc 4 BMC 2.50 Management and Professional Staff Compensation Program i~r,gUS------- .-- -------__S-fMJy -J(SSL<D:Vi ~ r"-:,:~ w::=-~~ ~~:~~~~'----~:~':-'I' II: ~J r?"ji fl .~) !i~~ l'U -.'l.-'S.J... :':i~ v !~ '!1 ~r'j1 ,,:1 ~.~O~L-: I <t'. I '.' .', , ,. ~ ",,,.', l I <c i r~~" '~~~-'''''--'.-~ -; I I ~ L~~-:I J I ~ I !Xl October 11, 2006 Bremerton City Council City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 Re: Bremerton Courts Predesign Dear Members ofthe Bremerton City Council; In September of this year Rice Fergus Miller Architects (RFM) was tasked by the City to conduct a predesign study to test the scope and budget for developing a new Municipal Courts facility. The site for the facility is City owned property at the southwest corner of 8th and Park. A facility space program totaling 8,134 square feet was given to RFM by the City to test fit onto the property, along with the required support parking and circulation space. Existing court facilities inKirkland,lssaquah and Lakewood were visited by the Courts . personnel, the City Project Manager and RFM. Upon conclusion of several programming meetings, the group collectively arrived at a concept solution that generally met with the court's square footage target and operationalrequirements. A probable cost of construction for the Courts concept solution was generated by a professional cost estimator under contract to RFM. That project cost analysis is attached immediately behind this letter. We understand there is some question oftoday's common construction costs for public facilities, commonly expressed in terms of "dollars per square foot". We have provided for comparison purposes cost data from other projects that are now in construction, or were recently completed (one of these is the City's new Headquarters Fire Station; another is the KCR office building at 8th and Warren). The intent is to illustrate today's construction climate and the dramatic inflation in construction costs over the past three years. Rice Fergus Miller respectfully submits this information for consideration by the City Council in the hope it will validate the projected cost calculation for a civic facility of a quality level suitable for the City of Bremerton. We look forward to meeting with you in study session soon, and to working further with the City on this exciting and important facility. Sincerely, Rice Fergus Miller Architecture & Planning, LLP ~ Steven M. Rice Partner ~l N '" ,.. )( <( U. M ,.. ,.. !Xl ,... .... '" 0 '" M .... '" '" co '" Z 0 ... I.' Z :I: III <( s: 0. ..... Z ..... <3 0 z ... z a: z w <( ..J :;: "- ell w ,.... 0: a: /Xl :::l l- V w I- ... :r: w u a: lJJ <( a: 0: w I- -' ::! VI :;;; VI ..<: ::> \:l <t a: w Ll. N W U '" '" '" . Hl~:~er~us & PLANNING MIL ER Bremerton Courts Facility Project Cost Analysis 11-0ct -06 Project Cost Range (developed @ predesign level) Low A. Hard Costs (today)* Bldg. & Site (divided by 8,200 sq. ft. building) $2,082,800 $254 sq. ft. B. 11 % Escalation to Hard Costs (Sept. 2007 - midpoint of construction) $229,108 D. Total - Estimated Final Hard Cost (A+B) $2,311,908 ' $282 sq. ft.** E. Soft Costs AlE Fees (basic + extra service - State Fee Schedule)' Land Purchase Temp. Courts Tenant Improvement Courts Moving Costs Temp. Courts Lease Cost Furnishings & Equipment WSST on (D.) Final Hard Costs above Telecom and data at 2% of hard cost Test and inspect at 1.3% of hard cost Plan check and permit at 2% of hard cost Geotech Site Survey Bid Advertisment Print Subtotal Soft cost percentage $258,526 $325,000 $80,000 $14,000 $80,000 $170,000 $198,824 $46,238 $30,055 $46,238 $4,000 $12,000 $1,100 $2,400 $1,268,381 65% F. Total Project Cost (D+E) $3,580,289 G.Revenues Public Safety Bond Proceeds (verify) General Fund Transfer Real Estate Excise Tax Sale of CENCOM Subtotal $910,000 $500,000 $500,000 $350.000 $2,260,000 H. Need (delta) ($1,320,289) High $2,492,800 $304 sq. ft. $274,208 $299,136 $2,767,008 $337 $302,724 $325,000 $80,000 $14,000 $80,000 $170,000 $237,963 $55,340 $35,971 $55,340 $4,000 $12,000 $1,100 $2,400 $1,375,838 60% $4,142,846 $910,000 $500,000 $500,000 $350.000 $2,260,000 ($1,882,846) * Hard costs are monies paid to the project's general contractor for site and building construction. This figure includes overhead and profit in today's dollars. Escalation is shown on line B. ~l~~~er'gus & PLANNING MIL ER Bremerton Courts Facility Project Cost Analysis 11-0ct-06 Bremerton Courts Concept Plan (8,200 sq. ft.) Site and Building Cost Today Preliminary Estimate Range $254 (low range) $304 (high range) Mid Point Construction for Courts (Sept. 2007 @ 11 %)* $282 $337 Description: Building envelope, systems and site development similar in quality to Fire Station NO.1. Functional spaces included: Public Lobby Public Restrooms Attorney/CI ient Conference _ Rooms Municipal Courtroom Holding Jury Room Judges Chambers Multi-purpose Room Admin. Counter/Workstations Workroom File Storage Probation Offices Prosecuting Attorney Office Refuse/Recycling Lunch Room Mech.lElec.lJanitor 8th Street Line of FuturCf Court Expansion 8.200 sq. ft. Municipal CCJtJl1 Building I ~ I ~ I g : I ~ I . I I _._-~ -~~"- -- 'c' /. ':J ,:' .,: II ':F -1 [I -fL I I S<cure StalfParkiog I 1- I .. l' &'Cure I L~rtya"l_. : -~~_: ',~_~_u.~ Ea~e~.~t..-_-~~'-=. _.'" .~~.= ~"~'~:~er~us & PLANNING MIL ER Bremerton Courts Facility Project Cost Analysis 11-0ct-06 Bremerton Fire Station No.1 (Bid in 2004 - 15,350 sq. ft.) For Comparison Purposes $3,112,298 ($203 per square foot - site and building) Net Present Value Calculation of 2004 Bid 2004 Baseline (start of year) $203 2004 @ 11 %* (end of year) $225 2005 @ 6.2%* $239 2006 @ 6.8%* (today's cost) $256 Mid Point Const. for Courts (Sept. 2007 @ 11%)* $284 Equivalent Comparison Cost Per Sq. Ft. Total Compounded Escalation = 40% *Escalation is provided by RS Means Index. Description: Two story fire service building with vehicle bays, support and office space, with living quarters included. Combined industrial and commercial office lighting, electrical and mechanical systems. ~l~~er'gus & PLANNING MIL[ER Bremerton Courts Facility Project Cost Analysis 11-0ct-06 KCR Office Building Actual Cost (Bid in 2006 - 21,200 sq. ft.) For Comparison Purposes Site and Building Cost in 2006 (1/1/2006) $202 2006 @ 6.8%* (today's cost) $216 Mid Point Const. for Courts (Sept. 2007 @ 11%)* $239 Equivalent Comparison Cost Per Sq. Ft. Total Compounded Escalation = 19% *Escalation is provided byRS Means Index. Description: Three story office building with structured parking underneath. Typical commercial office lighting, electrical and mechanical systems. ~l~~er~us & PLANNING MIL ER Bremerton Courts Facility Project Cost Analysis 11-0ct-06 Clallam Maintenance Facility (Bid in 2006 - 7,376 sq. ft.) For Comparison Purposes Site and Building Cost in 2006 $210 Mid Point Construction for Courts (Sept. 2007 @ 11%)* $233 Equivalent Comparison Cost Per Sq. Ft. Total Compounded Escalation = 11 % *Escalation is provided by RS Means Index. Description: Pre-engineered metal building with concrete slab floor and metal siding. Minimal interior finishes with industrial lighting, electrical and mechanical systems. -/ll~~ f\u..o; tru - -..., _~j~:c1~~ I . , "''''''''Pfo"t<> - "I' -,., ~f.b"M -... -p-"""",""" -~", ~~~ _Ell I ~ ~~-~ .. ..., ~~:~~iiilii~~~~= ........ "f'"' 'f/d" """ -. ftI.IlVtfo-T bff~ ~l~~er~us & PLANNING MIL ER Bremerton Courts Facility Project Cost Analysis 11-0ct-06 Olympic College Distance Learning Portable Offices For Comparison Purposes (Installed in 2000 - 2,727 sq. ft.) Site and Building Cost in 2000 $95 2006 @ 68%* (today's cost) $160 Mid Point Construction for Courts $177 Equivalent Comparison Cost Per Sq. Ft. (Sept. 2007 @ 11 %)* Total Compounded Escalation = 86% *Escalation is provided by 8/1/2006 DJC Article. Description: Pre-engineered stick framed portable building with wood floor system and T1-11 plywood siding. Minimal interior finishes with standard electrical/lighting systems and a packaged heating system.