HomeMy WebLinkAbout10/17/2007 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280
OCTOBER 17,2007
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
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. PRESENTATION - "Kitsap Cares About Kids" with Patty Lent and Lisa Heaman, Co-Chairs of
KITSAP CARES ABOUT KIDS Project (Approx. 10-minutes)
5. PUBLIC RECOGNITION & ANNOUNCEMENTS
6. CONSENT AGENDA
A. Claims & Check Register (#AB07-245)
B. Minutes of Meeting - October 3,2007 (#AB07-246)
C. Minutes of Meeting - October 10,2007 (#AB07-247)
D. Authorization to extend Insurance Broker Services Contract (#AB07-248)
E. Budget Amendment for Kitsap Economic Development Alliance (KEDA) Special
Assessment (#AB07-249)
7. GENERAL BUSINESS
A. Resolution No. 3038, approving a Change Order to SYNERGY CONSTRUCTION, INC. for
Harborside Fountain Park, Heritage Museum & Fountain Room, and Memorial Plaza
contract to implement the Memorial Plaza Phase of the project (#AB07-250)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
I 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.
PROCLAMATION
WHEREAS, our chil~ren repr.esent our most important resource as future decision makers
and citizens; and-, .
WHEREAS, our children, through family, school, work and community, are an integral part
of the quality of life we enjoy here in the Pacific Northwest; and
WHEREAS, businesses, organizations and individuals in Kitsap County provide much needed
help and support for our children and youth in their growth and development; and
WHEREAS, the more positive community assets young people and children experience, the
more likely they are to engage in positive behaviors; and
WHEREAS, by communicating effectively with young people we are reminded of their value
in the community we share; and
WHEREAS, Kitsap Cares About Kids is a public awareness campaign to acknowledge and
expand the efforts of organizations, individuals and businesses that support youth in Kitsap County;
and
WHEREAS, Kitsap Cares About Kids project is based on the Search Institute's
developmental assets, positive qualities that help young people grow up healthy; and
WHEREAS, the Kitsap Cares About Kids supports a community where all young people
know that they are valued, have hope for the future, and possess the resources to achieve their
goals.
NOW, THEREFORE, I, Cary Bozeman, Mayor of the City of Bremerton to hereby recognize
the importance of young people and children in our community and proclaim support of the
Kitsap Cares About Kids
Public Awareness Campaign
Cary Bozeman, Mayor
SIGNED this lOth day of October 2007.
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CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
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DATE SUBMITTED: 10/17/2007
BILL # 07-24(
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
t-A
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SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: October 17, 2007
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
Claims & Check Register
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING D
RECOMMENDED MOTION:
Check #'s 320194 through 320316 and EFT's 7419 through 7426 in the amount of $588,6791.01.
COUNCIL ACTION: ~ Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: {o/(( (07
BILL #
D7- &40
~6
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date: 0 c-w bey- 17J .;)..po7
Department: City Council
Presenter: Will Maupin,
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held Oc...~ k>€..r 3) ;;;>...t::;o7
SUBJECT: City Council Meeting Minutes
for meeting of
Oc--tv bey-. 3) ;)...007
ATTACHMENTS: Meeting Minutes for Oc... 'tv (oe.r- 3) ~oo7
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
. FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
NG
41 ~~/?~
CONSENT AGENDA '
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve 0 Deny 0 Table
D Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, October 3,2007
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, October 3,2007, at 5:30 PM, with Council President Will Maupin presiding. Council
members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy
Priest, and Brad Gehring. Council Members Adam Brockus and Cecil McConnell were absent. Also
present were Assistant City Attorney Ken Bagwell; new City Clerk Carol Etgen; Deputy City Clerk
Cherie Henry; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation
provided by Retired Pastor G.T. Johnson formerly of Brownsville United Methodist Church.
President Maupin announced that a Pre-Council Session to discuss General Council Business was
held prior to the meeting; which included a 10-minute Executive Session to "Review Labor
Negotiations" per RCW 42.30.140(4)(b); and announced that Item 5N was added to the CONSENT
AGENDA.
MAYOR'S REPORT - There was no MAYOR'S REPORT tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
Helen Miller questioned ho owned the green busses, and what can be done to slow them down as
they pass up and down residential streets at a fast speed. President Maupin noted that Kitsap
Transit has dark green busses.
Don Larson thanked the Suquamish Tribe for their recent contribution to the Puget Sound
Restoration Fund for use in enhancing the north shoreline of Sinclair Inlet, and suggested getting
eagle scouts involved in local projects and others suggestions on how the money might be used.
Mike Walton, Marketing Director for YMCA, provided a monthly update on the activities taking place
at the YMCA including Military Date Night on October 6 from 5:30 to 9:30 PM; Teen Late Night every
Friday from 8:30 to 11 :00 PM; and Splash & Jam on October 20. Lastly, he asked the public for
volunteers to support the "Selective Swim" program which takes place each Friday morning.
Marie Vila from the City of Bremerton's Block Grant Program, informed the Council and the City
residents on the outcome of the recent grant application review, interview, and recommendation
process for the City's 2008 CDBG and HOME Program's anticipated funding.
CONSENT AGENDA
A. Check Numbers 319882 through 320037; and EFT-7388 through EFT-7403 in the amount of
$1,089,532.58; and Retiree Payroll in the amount of $76,919.13 for the pay period ending
September 30, 2007 (#AB07 -227)
B. Minutes of Meeting - September 19, 2007 (#AB07-228)
C. Minutes of Meeting - September 26, 2007 (#AB07 -229)
D. Interlocal Agreement with Kitsap Transit for reimbursement of lease and rental equipment
(#AB07-230)
E. Interlocal Cooperative Agreement with the City of Lakewood to purchase supplies, material,
equipment, and services (#AB07 -231)
F. Bid Award to ADVANCED DOOR SERVICE, INC. for Fire Station Apparatus Bay Door Replacements
(#AB07 -232)
City Council Reg. Mtg. Minutes
Wednesday, October 3,2007
Page 2 of 4
G. Lease Agreement with IKON OFFICE SOLUTIONS, INC for the 5-Year Operational Lease of Canon
iR5185 copier/printer to replace Sharp AR650 copier/printer that is past the end of its rental
contract (#AB07 -233)
H. Intergovernmental Cooperative Purchasing Agreement with the City of Hoquiam for potential
future purchase of an ambulance (#AB07 -234)
I. Interlocal Agreement with Kitsap Regional Coordinating Council (#AB07 -235)
J. Ordinance No. 5024, amending Chapter 2.14 of the Bremerton Municipal Code (BMC) relating to
the Investment Committee (#AB07-236)
K. Resolution No. 3035, amending a policy for the Investment of City Funds as adopted by
Resolution 2618 (#AB07-237)
L. Resolution No. 3036, among the City of Bremerton, Central Kitsap Fire & Rescue, and South
Kitsap Fire & Rescue to create a Regional Fire Authority Planning Committee pursuant to RCW
52.26 (#AB07 -238)
05:47:35 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - AMENTMENT TO PARKS & RECREATION DEPARTMENT APPLICATION FOR LODGING
TAX FUNDS (#AB07-240): Wvn Birkenthal, Parks & Recreation Director; and Gary Sexton,
Economic Redevelopment Director, explained that during the Lodging Tax application process for
2007 funds, the Parks & Recreation Department applied for and received funds for signage in the
downtown area. The Parks & Recreation Department is requesting additional funds for lighting the
downtown area during the holiday season.
Mike Walton noted that the YMCA is a member of the Manette Business Association, and holiday
lighting was discussed at the last meeting, including the possibility of lighting the Manette Bridge.
Don Larson thinks Bremerton could do something similar to the town of Leavenworth, where their
Christmas lights bring in bus loads of tourists each year.
Ms. Priest thanked Mr. Sexton for including lights in the downtown core, and is sure the local
businesses will appreciate the addition of lights that will help to create a more festive atmosphere.
Mr. Shepherd, Ms. Robinson, Mr. Gehrina, and Mr. Maupin provided comments in support of
purchasing the lights, and considered them a positive investment. They felt in made sense to provide
lights to areas where the most people will see them, and also provided their suggestions on other
areas of the City that would benefit with the addition of Christmas lights.
05:58:50 M/S/C/U (Priest/Arends) Move to approve and amend the application filed by the Parks &
Recreation Department; and amend the 2007 Budget accordingly, for lodging tax funds.
PUBLIC HEARINGS
7 A - PUBLIC HEARING ON ORDINANCE NO. 5025, ADOPTING THE WHEATON-RIDDELL SUB
AREA PLAN, AND AMENDING SECTION 20.80 OF THE BREMERTON MUNICIPAL CODE
(#AB07-241): Geoff Wentlandt, with the Department of Community Development, summarized that
the action before the Council is to conduct a Public Hearing and adopt the Wheaton-Riddell Sub Area
Plan. He discussed the public participation process and provided a general overview of the Plan.
Helen Miller attended the Study Session last week, and agreed with the concerns mentioned by
Council Member Gehring that for WSDOT to come in and take over the privately owned frontage road
areas would obliterate the parking for these small businesses. She also asked
City Council Reg. Mtg. Minutes
Wednesday, October 3,2007
Page 3 of 4
Don Larson liked the idea of replacing more concrete with trees, and offered pictures of other cities
as good examples where trees were used to lIne streets, and offered to help obtain trees and dirt.
Paul J. Eberharter, of ESERHARTER ARCHITECTS and developer for this project, stated that there were
very good questions and comments raised during the public comment process and explained how
they were addressed, including the parking issues.
Mr. Gehrina admitted that he initially had a few concerns, but believes they have all been addressed
adequately. He was now excited to see this development move forward, and thanked everyone
involved for their efforts.
Mr. Maupin asked if there has been any coordination with the County to include some of the
surrounding area. Mr. Wentlandt stated yes, that a portion of County property was considered, and
it is a goal they are continuing to work toward.
Several Council Members thanked Andrea Spencer and Geo" Wentlandt for their efforts.
06:29:50 M/S/C/U (Shepherd/Gehring) Move to pass Ordinance No. 5025 to amend the
Comprehensive Plan to include the Wheaton-Riddell Sub Area Plan; and amend Section 20.80 of the
Bremerton Municipal Code to activate the development regulations detailed in the Plan.
COUNCIL MEMBER REPORTS
Brad Gehrina welcomed the new City Clerk Carol Etgen; and established that on Thursday, October
25 he will be going to "jail" in support of the Muscular Dystrophy Association, and encouraged anyone
willing to donate funds toward raising bail for his release.
Wendy Priest reminded the public about the First Friday Art Walk activities; including the showing of
"Waitress", an independent film showing at the Admiral Theater; and the annual KCR Fashion Show
and fund raiser at the Kiana Lodge.
Mike Shepherd discussed his participation along with Council Member Gehring at the "Boardwalk
Technical Review Committee" meeting where a lengthy discussion was held on the technical aspects
of the plan, and was impressed with the number of citizens that attended the public comment portion,
which also assisted in the grant application process; and provided comments on the first inter-
governmental meeting held Monday night with representatives of the Suquamish Tribe.
Dianne Robinson mentioned that she attended a recent meeting with about 15 Captains of various
Neighborhood Watch programs, and congratulated all of them for doing a great job in being involved
in our community to help correct problems in their neighborhoods. She noted that Mike Shepherd
has been invited to attend the next meeting where the group would like to address two particularly
important issues - the contracts with Diamond Parking and Brem Air. She also encouraged more
residents to get involved, and thanked Bremerton Police Community Resource Officer Andy Oakley
for his effort to meet regularly with the members of these groups.
Carol Arends discussed her attendance at the KRCC Board meeting yesterday, as well as the Kitsap
Health Board Meeting where various topics of interest to the entire County were discussed. She also
thanked the Manager of the Safeway Callow store for his assistance in finding an item on a very low
bottom shelf of the store, which she very much appreciated.
Nick Wofford briefed the Council on a "Sustainable City's Conference" he attended last week, and
was happy to report that many of the ideas presented were already in use here in Bremerton;
encouraged more people to volunteer for anyone of the wide variety of organizations available in our
community; and lastly, reminded citizens to vote in the next election.
City Council Reg. Mtg. Minutes
Wednesday, October 3,2007
Page 4 of 4
Will Maupin wished Nick a fun time on his upcoming 3-week trip to China and Tibet; mentioned the
opening of the KCR building; and noted his attendance at the KRCC Board meeting, where real
"regional coordinating" is now actually taking place.
With no further business, President Maupin adjourned the Council Meeting at 6:45 PM.
red and Submitted by:
~ SrWtJv
L RI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED: 1 Diu 107
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
07 -.;2. 't7
'c
.......................................................................................,
Committee Meeting Date: N/ A
COUNCIL MEETING Date: Oc..-to be.r 1"11 ;to c> 7
Department: City Council
Presenter: Will Maupin,
Council President
Phone: (360)473-5280
SUMMARY: Attached is a summary of the City Council Meeting held O~:..:~t>k er- \0 J :::Le:;:,o 7
SUBJECT: City Council Meeting Minutes
for meeting of
Oc.:1"'l;)\oey- 10, ;)007
A TT ACHMENTS: Meeting Minutes for Dc..- +0 fo.er (D I .:Lo 07
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N~
4t .~/71?~
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue D No Action
DIGITAL RECORDING
CITY COUNCIL ME:ETING MINUTES
Wednesday, October 10, 2007
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, October 10,2007, at 5:30 PM, with Council President Will Maupin
presiding. Council members present were Carol Arends, Dianne Robinson, Mike Shepherd,
Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Nick
Wofford was absent. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen;
Deputy City Clerk Cheri Henry; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the
invocation provided by Pastor Chris Swan of Bremerton Seaside Church.
President Maupin announced that a Pre-Council Session to discuss General Council Business
was held prior to the meeting; which included presentations by Phil Williams, Public Works &
Utilities Director on 1) A proposed resolution to waive public bidding requirements and 2) A
request to award a contract for the replacement of storm and sanitary lines from Broad Street to
Hanford Street. Action is anticipated later tonight regarding these items.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Adam Brockus invited the public to attend the next District 3 Community Meeting to be held on
Tuesday, October 23, 2007 from 7:00 to 8:30 PM at the Bremerton Senior Center located at East
13th Street & Nipsic Avenue. The Program Agenda will include a discussion on "Neighborhoods
Now!" with Wyn Birkenthal, Parks & Recreation Director; and candidates from local races.
Kurt Weist, Executive Director of the Bremerton Housing Authority, advised the Council that
they have put together an application to the Department of Housing & Urban Development for a
Public Housing Revitalization Grant to assist in the efforts to redevelop Westpark; and invited
the Council to attend the 4th and final Community Meeting with the residents of Westpark to be
held Thursday, October 11 at 6:00 PM at the Westpark Community Center.
Kimberlv Gaunce expressed her deep concern about the danger of pit bulls after her dog was
attacked, and therefore would like the City to explore the idea of a ban on pit bulls from parks
and school grounds. President Maupin established that the City has an Animal Control
Committee chaired by Wendy Priest. Ms. Priest explained that beginning the first of the year,
the Animal Control Committee would like to be more proactive, and would begin meeting
quarterly. She suggested that if Ms. Gaunce would like to leave her phone number, she would
be contacted once a meeting date was set. Ms. Gaunce added that in the mean time, she
would be working on a petition to support her proposal.
CONSENT AGENDA
A. Check Numbers 320038 through 320193; and EFT-7404 through EFT-7418 in the amount
of $1 ,796,292.11; and Regular Payroll in the amount of $699,437.87 for the pay period
ending September 30, 2007 (#AB07 -242)
05:41 :35 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - RESOLUTION NO. 3037 WAIVING PUBLIC BIDDING REQUIREMENTS FOR THE
INSTALLATION OF STORM AND SANITARY LINES FROM BROAD STREET TO HANFORD
STREET (#AB07.243): Phil Williams, Public Works & Utilities Director, explained that the City
has just determined that approximately 360-feet of stormwater main located west of Wheaton
Way between Hanford and Broad Streets is experiencing severe corrosion putting the utility at
City Council Reg. Mtg. Minutes
Wednesday, October 10, 2007
Page 2 of 3
risk of total pipe failure. Total failure of this stormwater main will affect public health and safety.
Immediate action is necessary to repair or replace the main and related utilities. There is 360-
feet of aging sewer line immediately adjacent to the stormwater main that needs to be replaced
at the same time the stormwater main is replaced. RCW 39.04.280(1 )(c) and BMC
2.76.600(a)(3) authorize a City to waive competitive bidding requirements in the event of an
emergency affecting public health and safety. MWSH has been issued a permit to develop
property on Broad Street. The proposed resolution authorizes the City to waive normal
purchasing procedures to have the contractor doing the work for MWSH replace 360-feet of
stormwater and sewer mains.
Darlene Piper a partner in the "Quail Park Active Living Complex" development explained the
details of the planned project for this area, which would be a continuum of care living facility.
There were no comments from the public.
Mr. McConnell asked about the condition of the pipes outside of the project area. Mr.
Williams explained that there is a section in need of repair, but not at the same urgency. A
request for the continued pipe work would come in the next year or two.
Brad Gehrina expressed his support for the proposed action. Ms. Priest asked what about
unforeseen costs? Mr. Williams said the City negotiated a "sharing of the risk" contract.
Carol Arends decided that although she was very supportive of this project, she was very
concerned about the lateness in which the Council received the associated documents, and the
many changes that have since been made, and therefore had trouble approving the request
before her tonight. Ms. Piper responded that it took a lot of time to get the final numbers from
the contractors, working out the terms of the contract with the attorneys, and deciding on the
best materials to use. Mrs. Arends agreed that very capable people were involved, and even
though she has great confidence in Mr. Williams, it was ultimately the Council who would be
held responsible for voting for this contract if anything went wrong.
Ms. Robinson asked what type of risks the City might face. Mr. Williams said anytime you are
doing construction below ground there are certain "underground risks"; and also there is always
the possibility of risks that are "weather related". He further explained that the anticipated fall
rain is what is driving the "emergency status" for this proposed action tonight.
05:52:55 M/S/C/U (Priest/McConnell) Move to approve Resolution No. 3037 waiving purchasing
procedures to replace certain stormwater and sewer mains.
Voted in favor of Motion: McConnell, Brockus, Priest, Shepherd, Robinson, Gehring, Maupin
Voted opposed to Motion: Arends
Motion carried: 7-Yes; 1-No
6B - CONTRACT AWARD BETWEEN MWSH. BREMERTON LLC AND THE CITY OF
BREMERTON FOR REPLACEMENT OF STORM AND SANITARY LINES FROM BROAD
STREET TO HANFORD STREET (#AB07-244): Phil Williams, Public Works & Utilities
Director, stated that this agreement is for replacement of a 12-inch diameter sanitary sewer and
a 42-inch diameter storm sewer. These pipes extend from Broad Street to Hanford Street, west
of Wheaton Way.
There were no comments from the public.
06:03:20 M/S/C/U (Shepherd/Robinson) Move to approve the agreement with MWSH
Bremerton, LLC and authorize the Mayor to finalize and execute the necessary contract
documents for the agreements in substantially the same terms and conditions as presented.
City Council Reg. Mtg. Minutes
Wednesday, October 10, 2007
Page 3 of 3
Voted in favor of Motion: Brockus, Priest, Shepherd, Robinson, Gehring, McConnell, Maupin
Voted opposed to Motion: Arends
Motion carried: 7-Yes; 1-No
With no further business, President Maupin adjourned the Council Meeting at 6:05 PM. The
Council reconvened in the Council Conference Room for a STUDY SESSION to hear
presentations on upcoming agenda items.
prn7id~j
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED: September 28,2007
BILL #
07~;l4g
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
t,p
........................................................................................
SUBJECT: Authorization to extend
Insurance Broker Services contract
Committee Meeting Date:
COUNCIL MEETING Date:
Depmiment:
Presenter:
Phone:
October 10, 2007
October 17,2007
Financial Services
~)
Peggy Lesser
473-5302
SUMMARY: The current a!,'Teement with Willis of Seattle for insurance broker services expires in
March, 2008. StatJ is requesting authority to extend the contract for an additional two years under the
same terms and conditions.
A TT ACHMENTS: Current professional services agreement with Willis of Seattle, Inc. for
insurance broker services.
FISCAL IMPACTS (Include Budgeted Amount): $25,000 for broker services has been included in
the 2008 proposed budget.
APPROVALS:
DEPARTMENT DIRECTOR'
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
""l>
COMMITTEE CHAIR
COUNCIL PRESIDENT:
#~1!~
1LJ' f 7'
CONSENT AGENDA '&r
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: I move to authorize the City's Risk Manager to extend the
professional services agreement with Willis of Seattle for an additional two years and authorize the
Mayor to execute the appropriate documents.
COUNCIL ACTION: n Approve n Denv n Table
n Continue n No Action
PROFESSIONAL SERVICES AGREE~IENT
The City of Bremerton ("City") and Willis of Scattle, Inc. ("Broker"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: Broker agrees to perform the services more specifically described in the Scope of
Work, including any addenda thereto as of the effective date of this Agreement, attached hereto
as Exhibit A, which is incorporated herein by this reference as if fully set forth. Broker further
represents that the services furnished under this Agreement will be performed in accordance with
generally accepted professional practices in effect at the time such services are performed.
II. Term: The City and Broker agree that work will begin on March 1, 2003, and continue
for a three year period unless terminated earlier as provided in Section IX.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Broker $25,000 for each year that services are provided.
Any and all commissions received by Broker from insurance companies for business
placed on behalf of the City will be accounted for, disclosed to the City, and credited to City's
account within thirty (30) days of their receipt by Broker. Broker further agrees to credit any
excess commissions to City within thirty (30) days of their receipt by Broker. The term
"commission" shall not mean contingent or volume bonuses shared by the insurance carriers or
wholesalers on Broker's overall book of business.
IV. Relationship of Parties: Broker is skilled in the matters addressed in the Scope of Work
and is performing independent functions and responsibilities within its field of expertise. Broker
and its personnel are independent Brokers and not employees of the City. Broker and its
personnel have no authority to bind the City or to control the City's employees. None of the
benefits provided by the City to its employees, including, but not limited to, compensation,
insurance, and unemployment insurance are available from the City to the employees, agents,
representatives, or sub-contractors of the Broker. Broker will be solely and entirely responsible
for its acts and for the acts of Broker's agents, employees, and representatives during the
performance of this Agreement.
As an independent Broker, Broker is responsible for its own management. The City's
administration and enforcement of this Agreement shall not be deemed an exercise of managerial
control over Broker or its personnel.
As an independent contractor, Broker is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These tax~s and fees
include but are not limited to State industrial insurance, 8&0, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
Brcmerton/Willis of Scattle, (nc.
Page I of 6
may withhold thc dclinqucnt amnunt, plus any additional chargcs arising from thc delinqucncy,
from any payments due Brokcr.
V. Indemnification: Brokcr shall defcnd, indemnify and hold the City, its ofticcrs, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Broker's
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's inspection or acceptance of any of Broker's work when completed shall not be
grounds to avoid any of these covenants of indemnification.
The provisions of this section shall survive the expiration or termination of this
Agreement.
VI. Insurance: Prior to and during the performance of the work covered by this Agreement,
Broker shall provide the Risk Manager for the City of Bremerton with evidence that it has
obtained and maintains in full force and effect during the term of this Agreement, a policy of
professional liability insurance, and/or errors and omissions insurance, providing coverage of at
least $1,000,000 against professional liability or errors and omissions in connection with the
work to be performed by Broker under this Agreement. Risk Manager shall be provided thirty
(30) days' written notice of any cancellation of said professional liability insurance.
The City reserves its unqualified right to require at any time and for any reason, proof of
coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of
coverage.
VII. General Conditions:
A. Reports and Information: Broker will maintain the usual written records customary
in the business of an insurance broker to include, but not be limited to, records of policies,
premium audits, loss data and other pertinent correspondence which affects the coverage
hereunder. These records will be maintained for a minimum of seven (7) years subsequent to
February 1, 2006.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severahility: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrumcnt signed by
both Parties.
Brcmcrton/Willis of Scattle, Inc.
Page 2 of 6
E. Written Notices: All clHllmunications regarding this Agreement shall be sent to the
parties at the addresses listed below. unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certitied mail, and
shall be deemed sufticiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Risk Manager
City of Bremerton
239 Fourth Street
Bremerton, W A 98337
Broker Address
Willis of Seattle, Inc.
PO Box 3420 I
Seattle, W A 98124
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Non-Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said
covenants, agreements or options, and the same shall be and remain in full force and effect.
H. Compliance with Laws: Broker shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
I. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
J. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
VIII. Nondiscrimination: Broker shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by either Party upon 30 days'
notice to the other Party. This Agreement may be immediately terminated for cause by a Party if
the other Party substantially fails to perform through no fault of the terminating Party, and the
non-performing Party does not commence correction of the failure of performance within five
days of the terminating Party's sending notice to the non-performing Party.
A. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Broker to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Broker's possession pertaining to this Agreement which may be used by the City
Bremerton/Willis of Seattle, Inc.
Page 3 of 6
without restriction. Upon termination the City will be entitled to reports showing the status of all
items listed in the Scope of Work through the termination date.
CITYOFB~
~o~
its: Mayor
c.
By: ~l~
its: c..~O
CN6'S'~
APPROVED AS TO FORM:
~~.,
Roger A. Lubovich, City Attorney
R:\LEGAL\Contracts\Witlis of Seattle.doc
Bremerton/Willis of Seattle, Inc.
Page 4- of 6
EXHIBIT A
Scope of \V ork
Broker agrees to provide the City with the following services:
I. Develop and recommend to the City, insurance and other risk financing or loss funding
programs, contracts, techniqucs and methods whenever they will benetit the City.
2. Develop underwriting information, prepare specifications for marketing insurance
coverage, structure offerings to insurers and secure insurance desircd, providing an
analysis of coverage scope, cost and services. Developing underwriting information is to
include an analysis of City's possible exposure to risks of loss. A copy of the
specifications shall be presented to the City.
3. When possible, design insurance policy wording to meet the specific needs and
requirements of the City.
4. Review each insurance policy, binder, certificate or other insuring document to see that
wording is complete and accurate and that coverage is in compliance with specifications.
Deliver binders and insurance policies to the City as soon as possible.
5. Monitor all insurance and other risk financing or loss funding arrangements to assure
their continuing adequacy in terms of cost and protection.
6. Structure insurance programs to eliminate gaps and overlaps in coverage and to provide
the limits or amounts of coverage requested by the City.
7. Service each policy issued to the City (Le., process changes and endorsement).
8. Issue Certificates of Insurance as requested by City.
9. Maintain the usual written records customary in the business of an insurance brokerage
operation, as well as any other records which the City may deem necessary to the proper
handling of and accounting for the insurance placed by the Broker.
10. Be available for consultation on a daily basis in carrying out the obligations set forth in
this Agreement.
11. Verify the accuracy of each invoice. Broker shall make every reasonable effort to assure
that all billings sent to the City are correct. Each invoice shall show:
a. Insurer
b. Policy Number
c. Policy Period
d. Coverage Provided
12. As requested by the City, assist in the development of insurance and hold harmless
clauses for City contracts.
13. Assist the City as needed in compiling loss costs; in preparing claims to adjusters; in
negotiating settlements; and in pursuing payment.
14. Provide answers to City on insurance coverage and risk management questions.
15. Obtain competitive insurance quotations from various insurers when feasible.
16. As requested, provide studies of alternative loss funding plans including, but not limited
to, captive feasibility, bonding feasibility, SIR/limits dctermination and rctention lcvel
studies, and loss frequency and severity projections.
17. Attend meetings with City as required.
18. Assist with and make recommcndations on various risk management functions of City, as
requested.
Brclllcrton/Willis of Seattle, Inc.
Page 5 0 f 6
19. Provide City with semi-annual activity reports on the performance of the Broker function.
These reports shall detail the progress and status of all work required under this
Agreement.
20. Provide early warning of pending rate, coverage or renewal problems, including
signiticant changes in the t1nancial status of major insurers. Without limiting the
generality of the above-responsibility, Broker shall issue, at least ninety (90) days prior to
each insurance policy expiration or anniversary, a written report stating anticipated
renewal terms and conditions, and stating any intentions or requirements to change
insurance coverage in any way. Broker shall further keep City informed on new or
changing markets, forms, products, laws, government regulations and any other
information that may affect the risk management function, as known or should be known
according to industry standards by Broker. Periodic reports will be given thereafter by
the Broker to keep the City's risk management office fully informed on status of such
renewals or anniversary changes.
21. Act as liaison with insurance companies.
22. Provide annual updating of the City's insurable value.
23. Assist City in the settlement of self-administered claims. This service may include the
monitoring of particularly severe claims by the Broker or its claims' service affiliates so
as to provide assistance to City's Risk Manager in negotiating settlements or establishing
a defense strategy.
24. Assist City in obtaining settlement from the insurance carrier for those losses which are
not self-administered.
25. In consultation with the Risk Manager, Broker will develop specific loss prevention
recommendations for City government and provide assistance to Risk Manager in
development of loss prevention seminars in selected areas.
26. Broker shall monitor the loss control services provided by the insurance carrier or service
company. Broker further will monitor all inspection reports.
27. Assist the City with environmental loss control services by reviewing projects and
programs and making recommendations for proper respiratory, medical, air monitoring,
substance removal, recordkeeping, and training requirements. Provide project site audits
as necessary.
Bremcrton/Willis of Seattle, Inc.
Page 6 of 6
AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT #1, entered into as of the~day of October, 2005, to the certain
Professional Services Agreement commencing March I, 2003, between the City of Bremerton
and Willis of Seattle, Inc. for broker services is based upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the ternl during which
services are to be performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the
parties do hereby agree:
1. The Agreement is extended from March 1,2006 to March 1,2008.
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services
detailed in Exhibit A of the Professional Services Agreement and rendered during this
extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the
Professional Services Agreement for a minimum of seven (7) years subsequent to March
1,2008.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment #1 as of the date
and year first written above.
WILLIS OF SEATTLE, INC.
DATE: /0- a Cf - (J S
DATE:
R' LEGAL\Contracts\Wlilis of Scattle . alllcnd.I.Joe
~DYEDASI9 FORM:
~~~:~~32~-:-::"~
ROGER A. LUBOYICH, City Atton~
.-/
./
/./
,/
AMENDlVlENT TO PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF BREMERTON AND WILLIS OF SEATTLE, INC.
THIS AMENDMENT #2, entered into as of the __day of Octo her, 2007, to the certain Professional
Services Agrcement commencing March 1, 2003, bctween the City of Bremerton and Willis of Seattle, Inc. ttlr
broker services is based upon the following recital of facts:
1. There is a mutual desire to amend the Agreement to extend the term during which services are to be
performed by Willis of Seattle, Inc.
NOW THEREFORE, for and in consideration of the mutual agreement contained herein, the parties do
hereby agree:
1. The Agreement is extended from March I, 2008 to March 1, 20 10
2. The City of Bremerton shall pay Willis of Seattle, Inc. $25,000 per year, for the services detailed
in Exhibit A of the Professional Services Agreement and rendered during this extension period.
3. Willis of Seattle shall maintain the business records required in Section VII of the Professional
Services Agreement for a minimum of seven (7) years subsequent to March 1, 2010.
4. All other terms of the Agreement as amended shall remain in full force and effect.
IN WITNESS THEREOF, the parties hereto have executed this Amendment #2 as of the date and
year first written above.
WILLIS OF SEATTLE, INC.
CITY OF BREMERTON
By:
Its:
CARY BOZEMAN, MAYOR
DATE:
DATE:
ATTEST:
City Clerk
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
DATE SUBMITTED: September 28, 2007
BILL #
07--;).49
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
"f
........................................................................................
SUBJECT: Budget Amendment for KEDA
Special Assessment
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
1011 0/2007
1011 7/2007
City Council
Will Maupin
473-5280
SUMMARY: The Kitsap Economic Development Alliance has requested that the City of Bremerton
participate in funding a Kitsap Baccalaureate Research and Action Project to prepare date for use in
the 2008 legislative session by Kitsap County residents who advocate for a local four-year degree
institution. Kitsap legislators have indicated that such data would be extremely helpful in securing
funding to engage the Washington Higher Education Coordinating Board's review. City Council
President Will Maupin recommends that the City contribute $7,000 to this effort and amend the
budget accordingly.
A TT ACHMENTS: Explanatory Proposal
FISCAL IMPACTS (Include Budgeted Amount): $7,000 payment in 2007. This is not budgeted
and will require Council approval to amend the General Fund's Non-Departmental budget. Funds
will come from fund balance.
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~ll7(!7~ ./ '
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve payment of$7,000 to Kitsap Economic
Development Alliance for participation in the Baccalaureate Research and Action Project and
approve amendment of the 2007 General Fund Non-Departmental budget accordingly.
COUNCIL ACTION: D Approve D Deny D Table
D Continue 0 No Action
,
The Kitsap Baccalaureate Research and Action Project
Preparing for 2008 Legislative Session Discussion
A Proposal
WSU Kitsap Extension proposes to facilitate a Kitsap Baccalaureate Research and
Action Project from September-December 2007. The purpose is to prepare data for
use in the 2008 legislative session by Kitsap County residents who advocate for a
local four-year degree institution. Our Kitsap legislators have indicated that such
data would be extremely helpful in securing funding to engage the Washington Higher
Education Coordinating Board's review..
Proiect soecifics:
The Kitsap Baccalaureate Research and Action Project will coalesce existing
information and collect new data related to a resident Kitsapbaccalaureate program.
While anecdotal evidence is often cited, answering the following questions will help
explain impacts of a four-year program for this geographic area:
· Are there jObs that require bachelor degrees in Kitsap County? (Which jobs in
Kitsap County require bachelor degrees?)
· What school alternatives are appropriate to serve Kitsap County?
· Can you define a student profile of college candidates in Kitsap?
· How do businesses see the need for higher education in Kitsap?
· What are economic impacts of locating a baccalaureate institution here?
What are the costs of not having one locally?
· Is there community commitment to support and use higher education
programs?
· What additional data is likely to be needed after approval of a strategic Kitsap-
based baccalaureate program?
Descriptive statistics will be drawn from Census records as well as economic and
other resources. Information will also be acquired through a review of literature and
surveys/interviews. The Iit~rature includes past needs assessments available locally
(including Kitsap 2020 and Kitsap Learns), as well as examples from outside of the
area that provide potential models. The surveys and interviews will explore the
business and community needs.
A Project Oversight Team will meet monthly with the project consultant regarding the
study, beginning in September and ending in December, 2007. Members of the
Team are invited to contribute to and partiCipate with the actual surveys and
interviews. The committee will be made up of
· One official from each city in the County,
· One county commissioner,
· One official from each Tribe
· Two members of the Washington House of Representatives,
· Two members of the Washington State Senate,
· Eight education or business leaders in the county.
,
Sources of Financing
Pledged:
Harrison Medical Center
City of Bainbridge Island
City of Bremerton
City of Port Orchard
Requested:
County COBG
$10,000
$15,000
$10,000
$ 500
$10.000
$45,500
In-Kind Pledges:
Paladin
Still Needed:
Financial contributions
market/design services
$20,000
ses 0 Inancl~
Project Cost Total County COBG Other Funds
Funds
PERSONNEL
Staff 1.25 FTE ~4 7 600 110 000 ~37 600
SUBTOTAL
SUPPLIES/EQUIPMENT
Office Supplies $ 500 l. 500
Equipment 500 1 500
SUBTOTAL
*ADMfNISTRATION
Advertising 1.1 000 $1 000
Audit
Insurance/Bonds
Postage/Printing 5000 5000
Rent/Utilities 2400 2400
Communication 3000 3000
Training/Travel
Transportation i1 500 ij 500
SUBTOTAL
DEVELOPMENTAL SOFT COSTS
Appraisal 11 000 ~1 000
Design and A & E 11 500 11 500
Processing/Settlement and
Financing
Marketing 11 000 11 000
Operating Reserve
SUBTOTAL
TOTAL PROJECT COST $65.000 $10.000 $59.000
u
f F"
2
DATE SUBMITTED: 10/09/07 BILL # _JJ'7- ~ ~q
AGENDA BILL
CITY OF BREMERTON 7A
ClTY COUNCIL
........................................................................................
NO. ?,o3&
SUBJECT: Adoption of a Resolution for
entry into a change order to Synergy
Construction for Harborside Fountain Park,
Museum and Fountain Room and Memorial
Plaza for the Harborside Plaza
Contractor/Project Manager work.
Committee Meeting Date:
COUNCIL MEETING Date:
Depm1ment:
Presenter:
Phone:
10/1 0/07
10/17/07
Econ. Development
Gary Sexton
360-473-5282
SUMMARY: The original Synergy Construction contract dated December 1, 2005 includes within
the Recital/Scope of Work, development of Memorial Plaza west of Pacific Avenue, between Burwell
and First Street. This Resolution will increase the contract amount to Synergy Construction in the
amount of $2,350,000 for the Memorial Plaza Contractor/Project Manager work.
ATTACHMENTS: Resolution, 2005 Contract, Resolution No. 3018
FISCAL IMPACTS (Include Budgeted Amount): Funding for the Harborside Memorial Plaza and
Commons has been appropriated through the 2007 Washington State Legislature and CTED. The
total project budget is $5.5 million with $5 million coming from the CTED grant and $500,000 from
City REET funds. Of this total project budget - the Synergy contract represents only a portion of the
planned expenditures. A budget amendment creating a new fund for the Harborside Plaza and
Commons Capital Improvement Project and authorizing expenditures of $ $750,000 in 2007 is
required in addition to the approval of this contract adjustment.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMlTTEE CHAIR
COUNCIL PRESIDENT:
d)XJW/Z~ ~ .
CONSENT AGENDA 0
GENERAL BUSINESS ~
PUBLIC HEARING 0
jJo. 3D3~
RECOMMENDED MOTION: Move to approve the ResolutIOn to increase the contract amount for
Synergy Construction for Harborside Fountain Park, Museum, Fountain Room and Memorial Plaza in
the amount 01'$2,350,000..0
Further approve a 2007 budget amendment to include the cost for Memorial Plaza
and hereby create a new capital improvement fund for Harborside Plaza and Commons and authorize
expenditures 01'$750,000 in 2007.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. 3038
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving a change order to the
Harborside Fountain Park, Heritage Museum and Events Addition
and Memorial Plaza contract to implement the Memorial Plaza
phase of the project.
WHEREAS, The City and Synergy Construction, Inc. entered into a contract on
December 1,2005 for the development of Harborside Fountain Park, Heritage Museum and
Events Addition and Memorial Plaza; and
WHEREAS, this contract was modified pursuant to Resolution 3018 to
implement the Heritage Museum and Events Addition phase of the project; and
WHEREAS, the parties now desire to enter into a change order to the contract in
the amount of$2,350,000 to implement work to be performed within the scope of the contract
relating to the Memorial Plaza; and
WHEREAS, expenditures in the form of a change order in the amount of
$2,350,000 for completion of the project are reasonable and necessary; and
WHEREAS, pursuant to Section 2.76.110 of the Bremerton Municipal Code, City
Council must approve change orders of an aggregated value exceeding $200,000 for contracts
greater than $500,000;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Avproval. Pursuant to Bremerton Municipal Code 2.76.110, the
City Council authorizes and approves entry into a change order totaling $2,350,000 for the
Synergy Harborside Fountain Park, Museum and Fountain Room and Memorial Plaza contract
previously entered into on December 1, 2005 and modified pursuant to Resolution 3018. The
Economic Development Director is authorized to execute any and all documents to implement
this change order.
SECTION 2. New Fund Created. Further the City Council authorizes and
approves creation of a new fund for the Harborside Plaza and Commons Capital Improvement
Project and authorizing expenditures of $750,000 in 2007 for work to be perfonned within the
scope of the contract in order to complete the project.
SECTION 3. Severabilitv. If anyone or morc sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
lof2
Harborside Park
Change Order 10/2007
affect the validity of the remaining p0l1ion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this_
,2007.
WILL MAUPIN, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Resolutions\Economic Development\Harborside Park-MemPlazaCO Resol.doc
20[2
Harborside Park
Change Order 10/2007
GENERAL CONTRACTOIVCONSTRUCTION MAJ..;'AGER CONTRi\CT
This CONTRA..CT Inac1e as of the ~~day of ~ ,2005.
BETVlEEN the (City)
Cit)r of Bremer ton
345 6th Street, Suite 600
Bremerton V\T A 98337
And the General Contractor/Construction Manager (GC/C:rvl)
Synergy Construction, Inc.
14040 NE 181S! Street
WoodinviIle, Washington 98072
For the following project:
Bremerton Harborside ParkIBuilding 50 Museum Renovation
and Addition/Memorial Plaza
The City and the GC/CM agree as follow:
RECITALS
1. The City will be the owner and/or controls certain real estate located in the City of
Bremerton as described in Exhibit A located east ofPSNS, south of Burwell Street,
north of Sinclair Inlet, and west of the BCT, First Street and Pacific Avenue.
2. The project is development of Bremerton Harborside Park, renovation of Building 50
as a museum with an approximately 12,000 sq. ft. addition and Memorial Plaza as
shown in concept drawing as set forth in EyJJibit B.
ARTICLE 1
SCOPE OF WORK
(a) GC/CM shall perform all ofthe work necessary for the construction of the Project in
accordance with this Contract, the design documents as hereafter approved by the
City, mCLximum allowable construction cost (Mi\CC) the fixed fee for specified
general conditions attached hereto, and in accordance with applicable building laws
and regulations, safety regulations, and certain governmental regulations, including
compliance with NEP A, Davis-Bacon where applicable, and with State Prevailing
Wrrges.
(b) Development of Final Plans and Specifications. The GClC~\/l shall Zlssist, review and
comment in the preparation afFinal Pbns and Specifications for tbe Public Structures
1
in accordance with the project. The Fina1 Plans and Specifications will be issued in
phases to correspond Ivith the fast track construction schedule. Critical Path shall be
as approved by the City Director of Economic Development \\Then the Final Plans
and Specifications and Critical Path have been approved by the City, they shall be
incorporated into this Contract.
ARTICLE 2
TIME OF COMPLETION
The work shall be ready for final inspection and acceptance on a schedule jointly
approved by the parties.
ARTICLE 3
CONTRACT SUM
The City shall pay the developer under this Contract the Contract Sum of Four Million
Five Hundred Three Thousand Two Hundred Dollars ($4,503,200.00) consisting of a) the
construction costs (excluding the design fees) n.ot to exceed the maximum allowable construction
cost (MACC) in the sum of Three Million Six Hundred Fifty Thousand ($3,650,000.00); b) the
fixed amount for the detailed specified general conditions work (attached); and c) bid fee which
is the 4% percentage amount to be earned by the GC/CM as overhead and profit on the actual
construction cost and the fixed amount for general condition work.
ARTICLE 4
PAYMENT OF CONTRACT SUM
(a) Progress Payments. The GC/CM shall submit to the City on or before the last
day of each month a "Project Application for Payment" signed by GC/CM. The Project
Application for Payment shall request payment of a specified dollar amount, using a Schedule of
Values based upon the agreed project schedule. Along with each application for payment to the
City, the GC/CM shall deliver its Conditional Lien Waiver and Indemnity Against Liens. Each
Project Application for Payment shall include a proportionate share of general conditions fee and
overhead and profit percentage fee. The City shall withhold retention in accordance with RCW
60.28.
(b) Pavment Procedures. The City shall pay all approved portions of Application for
Payment on or before the 1:1st business day ofthe thirtieth (30) day of the following calendar
month, so long as the City shall have received the Project Application for Payment on or before
the last business day of the preceding cal endar month.
(c) Final Pavment. Payment of the full Contract Sum shall be due tbirty (30) days
after Final Acceptance and Submittal of the Final Application for Payment by GC/CM . The
Application for Final PaY]TJCnt shall include's conditional full and final lien release of all claims
2
by the GC/CM, along with conditional final lien re],::;ases executed by all consultants,
subcontractors, and suppliers.
(d) Interest. Interest shall accrue at the rate oftweJve percent (12%)) per annum on
any amounts which The City fails to timely pay to GC/CM under the tem1S and conditions of this
Contract.
ARTICLE 5
CHANGES IN THE WORK
(a) Changes Permitted. The City, without invalidating this Contract, may order
changes in the Work within the general scope of this Contract, consisting of additions, deletions
or other revisions to the Cost of the Work.
ARTICLE 6
GUARANTY BOND
The GC/CM shall furnish a labor and materialmen's bond as required by RCW 39.08.
The GC/CM shall also furcish a bond covering its faithful performance of this Contract and the
payment of all obligations arising thereunder with regard to Public_~ork.
ARTICLE 7
CORRECTION OF WORK AND GUARANTY
(a) Correction of Work. If during or after the period of construction the Work or any
portion thereof is found to be defective or not in accordance with the Contract Documents, the
GC/CM shall correct it promptly after receipt of notice from the City to do so unless the City has
previously given the GC/CM written acceptance of such condition with full awareness of such
deficiency or deficiencies. The City shall give such notice promptly after discovery of the
condition and shall confirm any verbal notice with written notice promptly after the verbal .
notice. All such defective or nonconforming work shall be corrected or removed from the site, if
necessary, and the Work shall be corrected to comply with the Contract Documents.
(b) Guaranty. The GC/CM guarantees the Work for a period of one (1) year after the
Date of Final Acceptance. Extended warranties for such longer period(s) of time as may be
prescribed by the tenns of any applicable special guarantce(s) required by the Contract
Documents shall be provided by the applicable manufacturer, vendor, or subcontractor as
required by the Contract Documents. Any guarantee work shall be done in accordance with the
requirements above as to cOlTection, repair or replacement of work during the construction
period. The GC/CM further represents that the materials and equipment included within the
Work shall be of good quality and ne\N unless otherwise specified or permitted by the Contract
Documents, that the Work \Nill be free from defects not inherent in the quality required or
permitted, and that the v/ ork v"jll be in conformity with the requirements of the COlJtract
~
.:J
Documents. \V ork nol in conformit:,/ with the above reg uirements and failure of the V/ork to be
in compliance with the Final Plans and Specifications may be considered defective. Any claims
made by the City shall be made in writing and within a reasonable period of time after the defect
is discovered.
ARTICLE 8
INSURANCE AND BONDS
(a) Developer's Liability Insurance. The GC/CM shall purchase and maintain such
insurance as will protect it from claims set forth below which may arise out of or result fi'om
GC/CM's operations under this Contract, whether such operations be by the GC/CM, by any
subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable.
(1) Claims under workers, compensation, disability benefits, and other similar
employee benefit acts;
(2) Claims for damages arising out of bodily injury, occupational siclmess or disease,
or death of its employees;
(3) Claims for damages arising out of bodily injury, sic1rness or disease, or death of
any person other than its employees;
(4) Claims for damages insured by usual personal injury liability coverage which are.
sustained by (i) any person as a result of an offense directly or indirectly related to
the employment of such person by Developer, or (ii) any other person;
(5) Claims for damages arising out of injury to or destruction of tangible property,
including loss of use resulting there from, and
(6) Claims for damages because of bodily injury or propelty damage arising out of
the ownership, maintenance or use of motor vehicles.
(b) Insurance Limits. The insurance required by Subparagraphs (a) (3), (a) (4), (a) (5)
and (a) (6) of this A1iicle 8 shall be written for limits ofliability not less than Two Million and
N 0/1 00 Dollars ($2,000,000.00) combined single limit coverage for bodily injury and propeliy
damage on an occunence basis. The liability insurance to be carried by GC/CM shall be
commercial general liability insurance including the following additional coverages:
(1)
Premises and operations (including XCD coverages);
"'))
(,~
Independent developer's protective, products and completed operations, personal
injury 'with employment excl usiol1 deleted, contractual coverage:, and broad [om)
4
property damage including completed operation, \\lorker's compensation
insurance and employer's liabiliiy insurance.
(3) Errors and omissi ons insurance.
Evidence of insurance reasonably acceptable to the City (such as certificates of
insurance) shall be filed with the City prior to commencement of the Work. The GCICM need
not supply copies of the actual policies. CCliificates of insurance shall contain a provision that
coverages afforded under the policies will not be c2U1celled or materially modified until at least
ten (10) days prior written notice has been given to the City.
ARTICLE 9
MISCELLANEOUS PROVISION
(a) Supervision and Construction Procedure. GCICM shall supervise and direct the
Work and shall be solely responsible for all construction means, methods, techniques, sequences
and procedures, and for coordinating all portions of the Wark under this Contract.
(b) Labor and Materials. Unless otherwise specifically noted, the GCICM shall
provide and pay for (subject to provisions herein relating to payment by the City) all labor,
materials, equipment, tools, construction equipment and machinery, water, temporary heat, heat,
utilities, transportation, and other facilities and services necessary for the proper execution and
completion of the Wark. All materials shall be new unless otherwise specified, and all of the
Work will be of good quality, free from faults and defects and in conformance with the Contract
Documents. All work not conforming to these standards will be considered defective. If
required by the City, and upon its written request therefore made within one (1) year of the Date
of Final Acceptance, the GCICM shall furnish reasonable evidence as to the kind and quality of
materials and equipment.
(c) Taxes. The GCICM shall pay all sales, consumer, use and other similar taxes
required by law, all as part of the Cost of the Work.
(d) Permits and Fees. Unless otherwise provided in the Contract Documents, the
GCICM shall secure all building pelmits (except environmental permits) and all govemrnental
building fees and licenses necessary for the proper execution and completion ofthe Work which
are applicable at the date of tIns Contract.
(e) Notices. The GC/CM sball give all notices and comply with all building laws and
regulations. Ifthe GCICM observes that any ofthe Contract Documents are at variance
therewith in any respect, it shall promptly notify the City, in writing, and any necessary changes
shall be adjusted by appropriate modification. In the event that eluring the perfol111ance of this
Contract by the GCICM there is any change in the applicable building laws and regulations
which are in force as of the date hereof the GCICM shall give the City \Nrinen notice of such
change promptly aner the GC/Clv[ becomes (lv/are of the pwmulgatiol1 of sLlch new law or
5
regulation. Such notice shall inclucletht GC/Ci'v1's estimate of the imp::lct (irany) of such
change 011 the ConLract Time ancl the Contract Sum.:
([) SUlJerintenclent. The (ie/eM shall employ a cOl11peLent superintendent who shall
be in atLendGUlce at the project site at all re:1sonable Limes during the progress of the Work.
(g) Responsibi]itv of GC/CM. The GC/CM shall be responsible to the City for the
acts and omissions of all of its employees and all subcontractors, their agents and employees, and
all other persons while perfol111ing any of the Work under a Contract with the GC/CM.
(h) Drawings and Specifications at Site. The GC/CM shall maintain at the site for the
City one copy of all drawings, specifications, addenda, approved shop drawings, change orders
and other modifications in good order and marked to record all changes made during
construction. The drawings marked to record all changes made during construction shall be
delivered to the City within ninety (90) days of the Date of Final Acceptance.
(i) Cleaning Up. The GC/CM, at all times, shall keep the premises free from
accumulation of waste materials or rubbish caused by its operations. At the completion of the
Work, the GC/CM shall remove all its waste materials and rubbish from and about the project as
well as all of its tools, construction equipment, machinery and surplus materials.
G) Indemnification. The GC/CM shall indemnify, defend and hold harmless the
City, its agents and employees, from and against all claims, damages, losses and expenses,
including reasonable attorneys' fees, arising out of or resulting fi'om the performance of the
Work, to the e:x."tent and in the percentage caused by any negligent act or omission ofthe
GC/CM, any subcontractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any ofthem may be liable, :ll1d which involves bodily injury, sickness, disease or
death, or inj ury to or dest11lction of tangible property (other than the Proj ect itself arid its
contents), including the loss of use resulting there from. The City shall indemnify, defend and
hold harmless the GC/CM from and against all claims, damages, losses and expenses, including
reasonable attorney fees arising out of or arising from the City's negligence.
(k) Written Notice. Written notice shall be deemed to have been duly served if
delivered in person to the individual or, if delivered by nationally recognized overnight courier
(such as Federal Express) or sent by registered or celiified mail, to the following address:.
If to GC/CM:
Synergy Construction, Inc.
ATTN: Lany Stewmi, Executive Vice President
14040 NE 181 st Street
Woodinville, Washington 98072
If to City:
City of BremClion
345 6th Street, Suite 600
Bremelion W A 98337
/\. TIN: C3ary Sexton
iJ
or at stich other Dcldress as the parties may hereaFter designate by \,vrit1en notice to the otber.
(1) Termination of Contract bv the Citv. lftlle GC/Clvl should fail to commence the
'Work in accordance \-vith the provisions of the Contract Documents or fail to prosecute diligently
the Work to completion in a diligent efficient, workmanlike. skillful and careful mmmer and in
accordance 'with the provisions of the Contract Documents, or fail, except in cases of excused
delay, to supply an adequate amount of properly skilled worlunen or materials or equipment to
complete the Work in accordance with the requirements herein, persistently disregard laws,
ordinances, rules, regulations or orders of any public authority having jurisdiction, or fail to
make prompt payments to its subcontractors, materialmen or laborers, as required by the
appropriate subcontract, except as to claims for payment for material or labor used in the Work,
the validity of which the GC/CM is contesting in good faith by appropriate action diligently
pursued, then the City shall have the right, after giving the GC/CM and its surety, if any,
fourteen (14) days written notice (and failure of the GC/CM to cure or commence to cure with
due diligence such matter within 7 calendar days of receipt of said notice), (i) terminate this
agreement, (ii) take possession of and use all or any pmi ofthe GC/CM materials, equipment,
supplies and other property of every kind used by the GC/CM in the performance of the Wark
and use such property in the completion of the Work, or (iii) complete the Work in any manner it
deems reasonably appropriate and desirable, including engaging the services of other parties.
iilly such act by the City shall not be deemed a waiver of any right or remedy ofthe City. If after
exercising any such remedy, the reasonable cost to the City of the performance of the balance of
the 'Nork is in excess ofrhat part ofthe MACC which has not theretofore been paid to the
GC/CM hereunder, the GC/CM shall be liable for and shall reimburse the City for such excess"
on demand.
(m) Inspection. The City and its representative shall at all times have access to the
Work whenever it is in preparation or progress, and the GC/CM shall pennit and facilitate
inspection of the Work by the City, its agents, and public authorities concerned with such work.
(n) Safety Precautions. The GC/CM shall take reasonable precautions for the safety
of its employees on the Work, and shall comply with all applicable provisions of federal, state
and municipal safety laws to prevent accidents or injury to persons 011, about or,adjacent to the
site of the Work. The GC/CM shall erect and properly maintain, at all times, as required by the
conditions and pro gress of the Work, reasonable safeguards for the protection of workmen and
the public.
(0) Authorized Representatives. Gary Sexton, City Director of Economic
Development, shall be the City's designated representative on tbe project described in this
Contract, and shall have authority to act or respond on the City's behalf conceming all matters
which require tbe City's ilpproval, consent, decision or other action under this Contract.
Robeli Walker, shall be the GC/CM representative on said project, and he shall have the
authority to act or respond on the 'OC/C1\11 behalf concerning all matters "\;vhi ch require the
GC/CM 's apIJroval, consent, decision or other action under this Contract.
7
(p) A uthori1v. The respective persons signing this Conlrac1 represent and vvarnmt
11181 they have the pC1\ver and autbority to execute this Contract on behalf of the City or the
GC/Cvl, as applicable, and to bind tlle City or tIle GClCIvL as applicable, herein.
ARTICLE 10
SIJCCESSORS
This Contract shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
ARTICLE 11
TIME LIMITS AND nJRISDICTION
For the convenience of the parties to this Contract it is mutually agreed by the parties that
any claims or causes of action which GC/CM has against the City arising from this Contract shall
be brought within 180 calendar days from the date of final acceptance of this Contract by the
City; and it is further agreed this Contract shall be interpreted and construed in accordance with
the laws of the State of \liT ashington and that any such claims or causes of action shall be brought
only in the Superior Court of Kitsap County. The parties understand and agree that the
GC/CM's failure to bring suit within the time period provided shall be a complete bar to any
such claims or causes of action. It is fmiher mutually agreed by the parties that when any claims
or causes of action which GC/CM asselis against the City arising from this Contract are filed
with the City or initiated in comi, GC/GM shall permit the City to have timely access to any
records deemed necessary by the City to assist in evaluating the claims or action. -
ARTICLE 12
PRIORITY OF CONTRACT DOCUMENTS
To the greatest eA'ient possible, the various Contract Documents shall be construed
consistently, so as to complement each other. Any inconsistency between any provision of one of
such docwnents and another shall be resolved, except as otherwise provided therein, by giving
priority to said documents in the following order:
(i) The Contract (with any exhibits atiached) with modifications thereto
oflater date having priOlity of those with earlier dates;
(ii) The Final Plans and Specifications, when approved;
(iii) The Preliminary Plans and SpecifIcations.
The foregoing documents are the Contract Documents.
8
ARTICLE 13
TIlVIE IS OF THE ESSENCE
The Glvl/CM and the Cit:y agree that time is of the essence of this Contract.
ARTICLE 14
ENFORCEABILITY
If any provision of this Contract shall be invalid or unenforceable to any extent, the
remainder ofthis Contract and the application of such provisions to other persons or
circumstances shall not be affected thereby and shall be enforced to the greatest extent pem1itted
by law.
1N WITNESS WHEREOF, the parties hereto have executed tIns Contract the day and
year first above written.
CITY OF BREMERTON
SYNERGY CONSTRUCTION, INC.
~
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By: Cary Bozeman
Its: Mayor .-
Date:' I J.-J '-.c>"!;'
Executive Vice President
November 18. 2005
By:
Its:
Date:
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Approved as to F01111:
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Breri;erto City Atiomey
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DETlI,IL.EiJ SPECIr=IED GENER/\L CO~-,jDITIONS WORf<
GF:!~ERAL cm~DITIONS
SuperlnlendenUForeman
Project Management
Project Staff - Project Engineer, Contract ,1\dmin
Travel/Meals/Lodging
Project Photographs
Postage, Messenger (UPS, etc.)
Reprographic Services
Field Layout
Temp power Distribution
Temp Power Services
Temp Heat and Ventilation
Temp Tele & Fax with Radios
Water Service
Jobsite Office -setup, clean up
Office Equip & Supplies
Temp Toilets
Dumpsters
Parking/Month/Person
Safety EquipmenUSupplies
Gas & Maintenance
Small Tools
Progressive Clean Up
Final Clean Up
B&O Taxes
Liability Insurance
Contingency/Misc.
Bid Fixed Amount for General Condition Work
GC/CM Overhead
GC/CM Fee
BUDGET
$ 230,50000
$ 81,120.00
$ 76,050.00
:]; 10,000.00
$ 1,500.00
$ 500.00
$ 3,500.00
$ 16,000.00
$ 7,500.00
$ 19,500.00
$ 10,500.00
$ 9,500.00
$ 3,600.00
$ 10,800.00
$ 2,250.00
$ 6,500.00
$ 10,350.00
$
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5,400.00
12,600.00
65,000.00
7,300.00
25,032.00
23,650.00
32,382.60
680,034.60
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INATES'
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RESOLUTION NO.
30(~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving entry into change order related
to the Harborside Fountain Park and Heritage Museum and Events
Addition.
WHEREAS, The City and Synergy Construction, Inc. entered into a contract on
December 1, 2005 for the development of Harborside Fountain Park and Heritage Museum and
Events Addition; and
WHEREAS, the parties desire to enter into a change order to the contract in the
amount of $1,750,000 for work to be performed within the scope of the contract; and
WHEREAS, expenditures in the form of a change order in the amount of
$1,750,000 for completion of the project are reasonable and necessary; and
WHEREAS, pursuant to Section 2.76.110 of the Bremerton Municipal Code, City
Council must approve change orders of an aggregated value exceeding $200,000 for contracts
greater than $500,000;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Apvroval. Pursuant to Bremerton Municipal Code 2.76.110, the
City Council authorizes and approves entry into a change order totaling $1,750,000 for the
Synergy Harborside Fountain Park and Heritage Museum and Events Addition contract
previously entered into on December 1, 2005 for work to be performed within the scope of the
contract in order to complete the project.
SECTION 2. Severabilitv. 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. ~
(\ P ASSEj> by the City Council of the City of Bremerton, Washington this ~
day of ~~" ,2006.
a~~
CECIL McCONN ELL, Cou cil President
Harborside Fountain Park
Change Order
APPROVED AS TO FORM:
~~~~ttomey ~
R:\Lcgal\Lcgal\Rcsolutiol1s\Econoll1ic Dcvdopll1cnt\Harborsidc Park Changc Ordcrs.doc
2
Harbors-ide Fountain Park
Change Order