HomeMy WebLinkAbout10/01/2008 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280
OCTOBER 1, 2008
CITY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. ANNOUNCEMENTS & PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register (#AB08-202)
rE. Minutes of Meeting Ceptembcr 17,2008 (#A808 283) Pc.l\\uJ.
C. Minutes of Study Session - September 24, 2008 (#AB08-204)
D. Reappointment of Greg Wheeler to the Planning Commission (#AB08-205)
E. Bid Award to PHC CONSTRUCTION LLC for composition roof replacement at Fire Station NO.3
(#AB08-206)
F. Contract Award to NATIONAL INDUSTRIAL PAINTING, INC for Interior Coating Replacement of
Reservoir No. 10 South (#AB08-207)
G. Contract Award to COATINGS UNLIMITED, INC for Interior Coating Replacement of Reservoir
No. 21 (#AB08-208)
H. Professional Services Agreement with HELIX DESIGN GROUP for Architectural & Engineering
Design of Public Works & Utilities Oyster Bay Complex building addition (#AB08-209)
I. WSDOT Construction Support Agreement for SR304 TIP Navy Yard Hwy Phase (#AB08-210)
J. Real Estate Purchase and Sale Agreement with Nancy J. Naylor for the purchase of Tax
Parcel No. 222401-4-099-2005 as part of the SR 304 TIP Navy Yard Highway Phase project
(#AB08-211 )
K. General Maintenance Agreement with WSDOT for the Bremerton Ferry Tunnel Project
(#AB08-212)
L. Amendment NO.1 to Professional Services Agreement for Legal Representation for Indigent
Persons and corresponding budget adjustment (#AB08-213)
6. GENERAL BUSINESS
A. City Participating Agreement for work performed by WSDOT for the Bremerton Ferry Tunnel
Project (#AB08-214)
7.
COUNCIL MEMBER REPORTS
..
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
. 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.
COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
\/. /' ~ VV\ CPt:
~C~-\-V \ ]V ('''' (~" 1 \ \~ ~ 0 A.J
c
.,
REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMITTED: 1011/2008
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
AB08-202
SA
a..a....MRa..&gEmmu.Es.Bm....s.vBm.&RE.c~.&Bm.m&m.5a..e..~.mm~meaaD&Egs....B.e..D..a....Rsml
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: October 1, 2008
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
Claims & Check Register
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHl\fENTS: Check Register.
FISCAL I1\1PACTS (Include Budgeted Amount):
APPROVALS:
DEP ART!\1ENT DIRECTOR:
CITY A TTORl\1EY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAm.
COUNCIL PRESIDENT:
~;/iW(~ c? .
CONSENT AGENDA [gJ
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
1) Check #'s 327275 through 327542 and EFT's 8150 through 8180 in the amount of$1,687,356.05.
2) Regular Payroll for the pay period ending September 15, 2008 in the amount of $754,700.48.
3) Retiree Payroll for the pay period ending September 30,2008 in the amount of$78,953.51.
COUNCIL ACTION: [gj Approve 0 Deny 0 Table
o Continue 0 No Action
D!\IT Sl iBI'vIITTED:
BILL fJ
OB-203
AGE~DA BILL
CITY OF BREMERTON
CITY COUNCIL
,-- - ---.,------- --.----------
Sf?
........................................................................................
SLB.JECT:
City Council Mecting Minutes
lew mccting of
5e.p+e~ /7, 2.6l>~
('Ollll11ittce \.'lceting Datc:
COti0jCIL MEETING Date:
Departmcnt:
Presentcr:
N/A
(? c..;--z, 6e.,y. ) 200 9
City Council'
Will Maupin,
Council President
Phone: (360) 473-5280
SUl\IMARY: Attached is a summary of the City Council Meeting held S~ 17, 2008.
ATTACHl\IENTS: Meeting ,'nutes for 5 ,.
FISCAL IMP ACTS (Inc
Council President
N/A
N/A
N/A
ITTEE CHAIR
IL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMJ\'IENDED MOTION: Move to approVl.:: the Conscnt Agcnda as presented,
COlfNCIL ACTION: 0 Approve 0 Deny 0 Table
o ('ontinue 0 No Action
AGE~IlA BILL
elT'!" OF BRE\'IERTON
CITY COU;\CIL
n [L L !; _J2_8__=n_~n~5
/)!\ IE Sl :BI'vIITTED:
50
........................................................................................
SlJB.JECT:
City Council Mecting Minutes Committc\:? :\!Iecting Oat\.?:
fl.)!" meeting of ('(JUNCIL :\/FLTlN(j Date:
S~i-~ ~, 2oof,
DqJartll1cnt:
Prescnter:
N//\
06~ foE.Ar 1, 2-00 <is
City Council
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held ~.24, 2.0::><6
ATTACHMENTS: Meeting Minutes for S~ :2-4,2009
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECO\IMENIlED MOTION: l\'1lwc to approve the Cons\.?nt Agenda as presented,
COPNCIL ACTION: 0 Approve 0 Deny 0 ('able
o Continue 0 No ActIon
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, September 24,2008
The weekly meeting of the City Council of the City of Bremerton was called to order in the Council
Conference Room, Room 603 of the NORM DICKS GOVERNMENT CENTER located at 345 6th Street,
Bremerton, Washington, Wednesday, September 24,2008, at 5:00 PM, with Council President Will
Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike
Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Legislative Assistant Lori
Smith was present to provide staff support to the Council.
President Maupin announced that the Study Session was for the Council to hear presentations on
upcoming agenda items. It was further announced that this Study Session was open to the public, but
there would be no opportunities for input or participation; that no action will be taken, and the content of
these items is subject to change.
A. NO DISCUSSION ITEMS
1. Reappointment of Greg Wheeler to the Planning Commission - Mayor Bozeman Consent
2. Bid Award to PHC CONSTRUCTION LLC for composition roof replacement at Fire Station NO.3 -
Wayne Hamilton, Utilities Operations Manager; and Cecil McConnell, Public Works Committee
Chair Consent
3. Contract Award to NATIONAL INDUSTRIAL PAINTING, INC for Interior Coating Replacement of
Reservoir NO.1 0 South - Dan Miller, Public Works & Utilities; and Cecil McConnell, Public Works
Committee Chair Consent
4. Contract Award to COATINGS UNLIMITED, INC for Interior Coating Replacement of Reservoir No. 21
- Dan Miller, Public Works & Utilities; and Cecil McConnell, Public Works Committee Chair
Consent
5. Professional Services Agreement with HELIX DESIGN GROUP for Architectural & Engineering
Design of Public Works & Utilities Oyster Bay Complex building addition- Dan Miller, Public
Works & Utilities; and Cecil McConnell, Public Works Committee Chair Consent
6. WSDOT Construction Support Agreement for SR304 TIP Navy Yard Highway Phase - Michael
Mecham, City Engineer; and Cecil McConnell, Public Works Committee Chair Consent
7. Contract Award for former Chevron Property Remedial Action - Tom Knuckey, Engineering; and
Cecil McConnell, Public Works Committee Chair Item was pulled
B. FULL DISCUSSION ITEMS
1. Presentation regarding the Bremerton Economic Development Study (Approx. 30 minutes) -
Michael Mecham, City Engineer; and Richard Warren, WSDOT Info item
2. Real Estate Purchase and Sale Agreement with Nancy J. Naylor for the purchase of Tax Parcel
No. 222401-4-099-2005 as part of the SR 304 TIP Navy Yard Highway Phase project - Michael
Mecham, City-Engineer; and Cecil McConnell, Public Works Committee Chair Consent
3. General Maintenance Agreement with WSDOT for the Bremerton Ferry Tunnel Project - Phil
Williams, Public Works & Utilities Director; Lynn Price, Engineering Project Manager; and Cecil
McConnell, Public Works Committee Chair Consent
4. City Participating Agreement for work performed by WSDOT for the Bremerton Ferry Tunnel
Project - Phil Williams, Public Works & Utilities Director; Lynn Price, Engineering Project
Manager; and Cecil McConnell, Public Works Committee Chair General Business
City Council Study Session Minutes
Wednesday, September 24, 2008
Page 2 of 2
5. Briefing on the Manette Sub-Area Plan (Approx. 20 minutes) - Andrea Spencer, Community
Development Director; and Lindsey Sehmel, Community Development Planner I Info item; but it
was determined that the City will continue to move forward in developing a sub-area plan
for Manette...
It was noted that Council Member Mike Shepherd left the Study Session at approx. 7:45 PM.
6. Amendment NO.1 to Professional Services Agreement for Legal Representation for Indigent
Persons and corresponding budget adjustment - Ken Bagwell, Assistant City Attorney; and Nick
Wofford, Finance Committee Chair Consent
C. GENERAL COUNCIL BUSINESS & COMMITTEE REPORTS - No Committee Reports were
provided due to the amount of time spent discussing the previous items.
With no further business, President Maupin adjourned the Council Study Session at 8:00 PM.
~~~.
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED: September 17,2008
BILL #
08-205
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
6D
........................................................................................
SUBJECT: Reappointment to the Planning
Commission
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: October 1, 2008
Department: Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: Greg Wheeler's term on the Planning Commission expired on September 15,2008. It
is recommended he be reappointed to another term.
A TT ACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~~/'
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to confirm the reappointment of Greg Wheeler to the
Planning Commission.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: September 17, 2008
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
ffOB-20{P
5E
........................................................................................
SUBJECT: Bid Award Recommendation-
Fire Station #3, Composition Roof
Replacement
Committee Meeting Date: 9/24/08
COUNCIL MEETING Date: 10/1/08
Department: PW & u~/
Presenter: Wayne Hamilton _
Phone: X5207
SUMMARY: Call-For-Bids was prepared, advertised, distributed and received in accordance with
City Bid Procedures. Four (4) bids were received. The low bidder is PHC Construction, LLC.
Bainbridge Island, W A.
ATTACHMENTS: Bid Tabulation Form
FISCAL IMP ACTS (Include ~~get Amount): Included in the 2008 Facilities budget
APPROVALS: ( / )/1 ;/ /
DEPARTMENTDIRECTO~~~ . d fd:/'t-~_
CITY ATTORNEY: .'\../
FINANCE DIRECTOR:
MA YOR:
pw ChQ.(--
~~ET:
.__.~~ "/(~--~ ~
c:;:C-".(-fh./ //';1 ",'Yl/l--v,..l/C';:'
- . /
~~?7 .
RECOMMENDED MOTION: That the City Council approve the low bid of PHC Construction,
LLC. and authorize the Mayor to execute the contract for the Fire Station #3 - Composition Roof
Replacement, subject to City Administrative Policies and Procedures.
OPER..'\ TION8~
I CONSENT AGENDA ~
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue 0 No Action
CITY OF BREMERTON
BID TABULATION
BID TITLE:
Fire Station #3 Composition Roof
Replacement" Project
OPENED BY:
;---13
' , i L--L-
.--
C-L8(
DATE OPENED:
September 8,
2008
TIME OPENED:
2:00 PM
RECORDED BY: \~
DIL-L
~(
NAME OF BIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITEM 6 SALES TOTAL
TAX
Sf: KP.fb~ o\,( r~w-1 S, V' " 33.'OCO,co
d.83K CD 35 '?3D I CO
p)-/(' "'
CoNS I /" :n CfQ\) , co ;25(9,4-1., 5--0 }... 9, . 41-
V
hGL-DS ~ S~c. / -~2 l,1R, CO ~'C)\\'z-5 35Soo I 2-5
Ml KE '3 CZoOfiNC:; / ILJ,-, 55:,;,~, '3 7lf-{. ~ 50 '1,15 r '.)0
I I
I
SUMMARY TOTAL BID COMMENTS
APPARENT LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ 4-5', 000
~WC Co \c'~ .30 L 9'1 . ,-/-2-
. I
"-J -'- \
SECOND LOW BIDDER
r""' ~F S:'VC- 35 Sea. 2-5
h f:.\.. b S.
THIRD LOW BIDDER I
SeRPrn-JDV,- ~~~\ 35 g3<6 lGo
DATE SUBMITTED: September 17, 2008
BILL # 08- 207
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5F
...........................................................................................1
SUBJECT: CONTRACT AWARD -
National Industrial Painting, Inc. -
Reservoir No. 10 South - Interior Coating
Replacement
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: October 1, 2008
Department: Public Works &
Utilities
Presenter: Dan Miller
Phone: 473-2314
SUMMARY: Bids were opened on Tuesday, September 16, 2008 for Reservoir No. 10 South-
Interior Coating Replacement Project. A total of seven (7) bids were received for the project (see
attached Bid Opening List).
The low bidder is National Industrial Painting, Inc. from University Place, W A for the Total Lump
Sum Bid of$38,393.00. The total contract amount, including Washington State Sales Tax, is
$41,694.80
The interior coating estimate not including sales tax was $39,000 to $43,000.
ATTACHMENTS: Bid Opening List; Council Summary; Water Tank Coating Evaluation, dated 10-
30-06; and Reservoir 10 South - Aerial Photo.
FISCAL IMPACTS "(Include Budgeted Amount): The Water Fund 401 Maintenance Budget listed
under "Structures & Grounds - 54830" in the amount of$343,000 shall support this project.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
}1- ( '. (4D f" ItS C 1/1(~ l' V'
T:
~.J IJ:
--",,/1 ~" . ~ /1
~ .' /:' ( ,.r ;?i.V
~'~/ { .(. )
/' - 1''(",(/ /?:;1';~+rl_1--rf if
/;---.., ........ '. /~.
COUNCIL PRESIDENT:
'"-
,f.1.. )~c:i (:;:P .
I CONSENT AGENDA)(j
RECOMMENDED MOTION: That City Council approve the contract award to National Industrial
Painting, Inc., in the amount of$41,694.80 including Washington State Sales Tax, and authorize the
Mayor to finalize and execute the Contract.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
CITY OF BREMERTON
BID TABULATION
September 16,
2008
TIME OPENED:
2:00 PM
&u( [?leer)
. I ~
'0\ - .( p If;,; )
RECORDED BY: ~/7 7Yr-~;~/G'
BID TITLE:
Reservoir 10 South - Interior Coating Replacement
OPENED BY:
DATE OPENED:
NAME OF BIDDER ) BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITEM 6 SALES I TOTAL
L.S TAX
~ ~ . I ,// I
7"'2~{~// ''/J-/,-t/P/f./f I 6'1 jet') I
I
,. /. l' .101. &q r ~I
1~ . - . .,../ l!8 J13 (&94 ~o
/ 7(.}/J/l..? ,JAfd<<JU;'/I-~
/ j:,' ~d ~/ (). .-,.~ .~ 70 I ,::;cc) I I i
i
L1..-c:.:-.J/':: ~ .~h~J7/'....-;- / ! ;
~7' J~/L~~.45 58; 132- I T I
.,/ I ,
,
I I i
I/};t.z .-LAi'(}U"J"//,.:.,/ ~!. / ..... !
I :zt3} () a) I !
I !
tJ;;.J;{ --PcdJ:::/.-//U. c&.;r ~d 8s'l t: I I
./ i 1
I i
// / d /" I 7 '/t'~, 4 - I-' I
d-O~6 4"..f" ~I t!/ 4?/70 () i ,/ I
t J I I
I I
I I
I
I i
, I
I , I
i I
I !
SUMMARY TOTAL BID COM MENTS
tPPAR'NT LOW BIDDER ENGINEER ESTIMATE :y~ Oi,L[3 Tf~)C) $
/0-~~)4L'~~l'Jwz,AL:' ~6J 3fj'
I ~ .31. cJtP-r:J - :J' 6/-&-tj r /:4- x
I SECOND LOW BIDDER, . I
/tozccr! i ;~tN?1~" S-~ /tJc:J
THIRD LOW BIDDER I -
vib/2?~:.z;.;6Jd:$::9"'/;'L' /7 ~ ~ ({/?C)
COUNCIL SUMMARY
Reservoir No. 10 South
Interior Coating Replacement
Reservoir No. 10 South is a 21O,000-thousand gallon (0.21OMG) ground supported
welded steel tank constructed in 1967. The reservoir is located at 5785 Imperial Way SW
in the Port of Bremerton Olympic Industrial Park on the shared site with Reservoir 10
North, a one million gallon reservoir.
For consistency, Water Resources Division employed the inspection services of CB
Coating & Inspection, Inc. to inspect the interior coating conditions. CB Coating's latest
inspection of October 30, 2006 revealed appreciable interior coating deterioration from
its previous inspection on February 22,2004. As a result, Water Resources Division upon
the recommendation of the coating inspector recommended the interior coating be replace
as soon as practical. This being the case, Water Resources Division assigned Reservoir
10 South and Reservoir 21 (3MG) as this year's interior maintenance priority. The Water
Fund 401 Maintenance Budget, "Structures & 'Grounds - 54830" in the amount of
$343,000 is identified in the budget to support this maintenance project.
The reservoir interior coating replacements have been, and will continue to be, an
ongoing budgeted maintenance item each year through 2011. Within this same budget
period Reservoir 21 (3MG) shall have its interior coating replaced as well.
The next budget cycle ('09), Water Resources Division intends to replace the interior
coating in Reservoir 20 (lMG) located at 400 Ridge Lane NE.
"",. ' '.' :~IIJ:'I'f!;,' a. u~~!,.g'D~~TIO, IN,,;, IN."C~
, . ,.,11 .' 'm:!l, >If f. t,. -. r:11f ;" '_' ~ ,':>,.'"
'. ,"" ,d,'" "~" .r~;l!' C.\~ fj, I ' ,:!)i:"" ,,,!J! I!I ,,' 'c,.I~ !, w """~' '" ' <,.,7'~ ,,~
~~i~~~!Jl;;~~;~~~~f~~;i~~~ :::'"~'&::~';'" .~ . .~
WATER TANK COATING EVALUATION
Conducted For: Kathleen Cahill, City of Bremclion
Date: 10-30-06
Owner: City of Bremcrton
Engineer: City
Structure Description: Tank 10 South, Reliable Steel, 30' D x 40' H, 0.5 MG
Surrounding Environment: Open field
INTERIOR
III. Visual evaluation of the degree of rusting in accordance with ASTM-D-610-85
I. Ceiling - Dome, severe rusting Rating - 4
J. Shell walls - Rust staining on walls Rating - 6
K. Floor - Silt visible on floor
L. Interior structural- Ladder good Rating - 7
IV. Evaluation of the coatings
O. Surface appearance Rust break through and staining on dome and walls
P. Blistering, peeling, cracking, or chalking None
Q. Discoloration Rust staining
R. Growth of algae, mildew or moss None
S. Adhesion" Good
T. Previous surface profile identified No
U. Dry film thickness measured
7. Ceiling - 3 - 6 mils
8. Shell walls - 7 - 9 mils
9. Floor -Not Observed
V. Evaluation of the potential for the presence of hazardous materials such as
heavy metals or coal tar. Coal tar present
[v. Comments and recommendations. This tank lining shows t'onsidf~,.ahle rust
hn~ak thnmgh and iUidcrcutting of the low thkkness lining. Tht. lining should be
, ,
schedulcd for f'cplaccmcnt as soon as practical.
'I'll ,
21832 s.c. 275 S1., Maple Valley, W A. 98038
Phone/Fax: 425.413.9043
Reservoir 10 South
DATE SUBMITTED: September 17, 2008
BILL# 08...zo8
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Sg
...........................................................................................,
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: October 1, 2008
Department: Public Works &
Utilities
Presenter: Dan Miller
Phone: 473-2314
SUMMARY: Bids were opened on Tuesday, September 16, 2008 for Reservoir No. 21 - Interior'
Coating Replacement Project. A total of eight (8) bids were received for the project (see attached Bid
Opening List).
SUBJECT: CONTRACT AWARD -
Coatings Unlimited, Inc. -
Reservoir No. 21 - Interior Coating
Replacement
The low bidder is Coatings Unlimited, Inc. from Kent, W A for the Total Lump Sum Bid of
$243,180.00. The total contract amount, including Washington State Sales Tax, is $264,093.48.
The interior coating estimate not including sales tax was $265,000 to $273,000.
ATTACHMENTS: Bid Opening List; Council Summary; Water Tank Coating Evaluation, dated 10-
30-06; and Reservoir 21 - Aerial Photo.
FISCAL IMPACTS (Include Budgeted Amount): The Water Fund 401 Maintenance Budget listed
under "Structures & Grounds - 54830" in the amount of $343,000 shall support this project.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
/") II . ". IA / nl. ~__';? /7
ht b (c v\ (; j- {-: 5 \Jlq \ IN ~. ~ ( '-7-- /
~L~.\~njfl~rET: C;::/<.c L~r./ ,~:J' /c:e-'l--t_, ..~ c>tf)
Ofl'LIV.. T<<lN3:
COUNCIL PRESIDENT:
dtlii71p- ~ .
I CONSENT AGENDA ~
RECOMMENDED MOTION: That City Council approve the contract award to Coatings
Unlimited, Inc. in the amount of $264,093.48 including Washington State Sales Tax, and authorize the
Mayor to finalize and execute the Contract.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
CITY OF BREMERTON
BID TABULATION
DA TE OPENED:
September 16,
2008
TIME OPENED:
2:00 PM
~ flJc;-eVJ . . ~
RECORDED BY d:1t1J y~
BID TITLE:
Reservoir 21 - Interior Coating Replacement
OPENED BY:
t
NAME OF 81 DOER BOND +TEM 1 ITEM 2 ITEM 3 ITEM 4 ITEMS ITEM 6 SALES TOTAL
.t!JJ', TAX
~Cct~( 3/~hJt;i" /' ~1.JtJtJC) I
I
~~~/&;JJ(!~ ........... ?/~ S/?- I
L I
~.yr~<_~t'~~~ ,--- c k:5& ~56-
I
y)~ ~U'uJ /' (; /'J8 8/9 ,- I !
. 1-<:.1 d," . i
1-- ,~;; . , . ,'l --I / ,
/' I
:D i 7!/,J}/de G '.$. j tJ,{}f)- I
I~ ,J ~ , I
/' ~ ~/8 aa) ,- I
f C/ .--Z/V'ZJdJm4L I
I
. 6AL;,~. ~~~~h~.f ~. /&0 - I
V""'" "" 9<J; 911 is' i 2<::'(01 J'. -Is
~Y/~,J.~itff""~L I v /~I ~J. / ~ I I
!
i
I
I
I
SUMMARY TOTAL 810 COMMENTS
I :'ARE~T ~ow BI,DDER '. . 020 /80 ENGINEER ESTIMATE riNG S,^.LE8 T'^X) $
~~~N'9~ 0.////C,Q{cL} ~'~r:;,S; ~Cc? - Jt273 Ct70
I SECOND L-6~ BIDDEF _
lS j /' /l ~~" ~ s i tC)OQ
- 2/ . ;<-1-/ /l,'/ / 'y
THIRD LOW BIDDER ...;
~k J'/Z/2/V' 7AltJiL.{&~ ol5"~ h.tlJ
COUNCIL SUMMARY
Reservoir No. 21 (3MG)
Interior Coating Replacement
Reservoir No. 21 is a 3-million gallon (3MG) ground supported welded steel tank
constructed in 1983. Reservoir 21 is located adjacent to N.A.D. Marine Park at 6002
Kitsap Way.
For consistency, Water Resources Division employed the inspection services of CB
Coating & Inspection, Inc. to inspect the interior coating conditions. CB Coating's latest
inspection of October 30, 2006 revealed appreciable interior coating deterioration from
its previous inspection on February 22,2004. As a result, Water Resources Division upon
the Coating inspector's recommendation elevated Reservoir 21 interior coating
replacement to this budget cycle along with the much smaller Reservoir 10 South
(0.21OMG). The Water Fund 401 Maintenance Budget, "Structures & Grounds - 54830"
in the amount of $343,000 is identified in the budget to support this maintenance project.
The interior coating replacements in reservoirs have been an ongoing budgeted
maintenance endeavor. The next budget cycle ('09), Water Resources intends to address
the replacement of the interior coating in Reservoir 20 (1MG) at 400 Ridge Lane NE.
'~'jf]I'~"'A!,"i't';':~i~},e;~!~ ~~ ~r'7~~"t; t,1L".,..,."~.",,, I....:;NSPECTION, INC,
'c".;- /:~A!:r""l~\f;F;\fi1 ";t,i~~'::;' ir'iPl~~~i:'~l~ir~iL ;ll'(,~1~pj1rJ. .." "
[J6~J)l~fJ~;;~i):~'f~~:~:i~':;:.:::~\;~g'~<~~, ~\~;:~"_~~ ~>. .~'K...
WATEll TANK COATING EVALUATION
Conducted For: Kathleen Cahill, City of Brcmerton
Datc: 10-30-06
Owner: City of Bremcrtoll
Engineer: City
Structure Description: Tank #21,
Size: 3 MG
Surrounding Environment: Wooded
INTERIOR
I. Visual evaluation of the degree of rusting in accordance with ASTM-D-610-85
A. Ceiling and rafters - Severe rusting on ceiling Rating - 4
B. Shell walls - Rust on weld seams Rating - 6
C. Floor - Not observed
D. Interior structural - Ladder - Rating - 5
II. Evaluation of the coatings
A. Surface appearance Rust and staining on roof plates and beams'
B. Blistering, peeling, cracking, or chalking None
C. Discoloration Rust staining
D. Growth of algae, mildew or moss None
E. Adhesion Very good
F. Previous surface profile identified yes
G. Dry film thickness measured
1. Ceiling -10 - 20 mils
2. Shell walls -15 - 20 mils
3. Floor - not tested
III. Evaluation of the potential for the presence of hazardous materials such as
heavy metals or coal tar. None present.
IV. Comments and recommendations. Replace this lining as soon as practical
TH
21832 s.c. 275 St, Maple Valley, WA. 98038
Phone/Fax: 425.413.9043
::u
CD
t/)
CD
<
Q.
...,
I\J
~
DATE SUBMITTED: September 18,2008
BILL #
08-20'1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5H
............................................................................................
SUBJECT: Professional Services
Agreement with Helix Design Group, Inc.
for Architectural/Engineering Design at the
Public Works & Utilities Operations
Complex
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: October 1, 2008
Department: Public Works & Utils.
Presenter: Dan Miller
Phone: 473-2314
SUMMARY: The City entered into an agreement with Helix Design Group, Inc. to provide
architectural and engineering services to support the building additions to the main operations and
warehouse buildings. The addition to main operation building is approximately 1,400 square feet of
storage space for electronic parts and equipment. The warehouse addition is approximately 1,800
square foot addition for Sign Shop storage, fabrication and equipment. The contract design fee to
perform this service is $30,770.00. See Exhibit B, Compensation.
The request before Council is the approval of this PSA with Helix Design Group, Inc. in the amount
of $30,770.00.
ATTACHMENTS: 1.) Council Summary; 2.) Site Aerial; 3.) Professional Services Agreement wi
Exhibits A & B.
FISCAL IMPACTS (Include Budgeted Amount): The Professional Services Agreement is in the
amount of $30,770.00. The 2008 Water Capital Fund 401, "Oyster Bay Facility Remodel &
Expansion" in the amount of $400,000 shall support this agreement.
APPROVALS: ~ '1 ~~
~~~J
DEPARTMENT DIRECTOR:' .-< ~'--'".' 't~-..... '
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
~".-
C .--,
OMMITTEE CHAIR: //" ~~"
('//-,/"-' .
COUNCIL PRESIDENT: "
RECOMMENDED MOTION: Move to approve this Professional Services Agreement with Helix
Design Group, Inc. and authorize the Mayor to finalize and execute the agreement with substantially
the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
SUMMARY
HELIX DESIGN GROUP, INC.
PROFESSIONAL DESIGN SERVICES
This Professional Service Agreement with Helix Design Group Inc. is for architectural
and engineering service for two (2) building additions to the existing Public Works &
Utilities Operations and Warehouse buildings at 100 Oyster Bay Avenue.
The Helix Design Group services includes architectural and engineering services towards
the design of additional electronic storage space at the east end of the existing Public
Works & Utilities Operations building and shop and storage accommodations for the
Sign Division at the east end of the existing Warehouse building. The square footage of
each is 1,400 square feet and 1,800 square feet respectively.
The Operations building addition (1,400 square feet) shall allow the Electronic Division
to consolidate their electronic signal parts and equipment currently stored on the second
floor of the building to a more accessible secured area thereby allowing the second floor
vacated space to undergo a major remodel to accommodate the Engineering Division.
The Warehouse addition (1,800 square feet) will allow the Sign Division to consolidate
their materials and equipment that is currently occupying the main floor of the Operations
building. The move of the Sign Division will allow the construction of a second floor
deck to further accommodate the Engineering Division and allow the remodel of the main
floor to accommodate Water Resources and Information Technology Divisions.
The building additions are necessary components towards consolidation of the entire
Department of Public Works & Utilities at 100 Oyster Bay Avenue.
I
II
11-
\\,"=-' ',"-
~ "\~ Ii
'\ II
\11
~,
~'=~
-/
~~
PROFESSIONAL SERVICES AGREEMENT
PUBLIC WORKS & UTILITIES OPERATIONS COMPLEX
PROFESSIONAL ARCHITECTURAL/ENGINEERING DESIGN
HELIX DESIGN GROUP, INC.
The City of Bremerton ("City") and Helix Design Group, Inc. ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Services, attached hereto as Exhibit A, which is incorporated by reference herein. The
Scope of Services may be modified only pursuant to Section VII. G. of this Agreement. If the
Scope of Services provides for unspecified additional services such services shall only be
performed upon the express written request of the City. Consultant further represents that the
services furnished under this Agreement will be performed in accordance with generally
accepted professional practices in effect at the time such services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement and receipt of the City's notice to
proceed. The parties agree that the work described in Exhibit A is to be completed as provided
for in Exhibit A within an agreed upon working day schedule following receipt of the notice to
proceed from the City; provided however, that additional time shall be granted by the City for
excusable delays or extra work as provided for in section IX (A) of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in the amount of $30,770.00 including incidental expenses such as
mileage, coping, and printing costs. Consultant's charges and bills shall conform to the fee
schedule attached hereto as Exhibit B and incorporated herein by this reference. The City shall
pay within thirty (30) days of receipt of invoice.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof The descriptions shall conform to and fall
within the categories set out in the Scope of Services. Upon receipt of a conforming billing
statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein.
Consultant shall not perform work beyond the Scope of Services, nor shall be
compensated for such work, unless the Scope of Services or amount of compensation is modified
pursuant to this Agreement. Consultant shall only be compensated for additional services if
requested pursuant to Section I and, if not otherwise provided, such compensation shall be in
accordance with Exhibit B.
Bremerton/Helix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Fees
Page 1 of7
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Services and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, caused by or arising from acts, errors,
or omissions of Consultant and sub-Consultant in the performance of this Agreement.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSUL T ANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/Helix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Fees
Page 2 of7
,VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCV) if applicable; and employer's
liability; and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv msurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance '(if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
Bremerton/Helix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Fees
Page 3 of7
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Tacoma, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and
shall be responsible for the safety of its employees, and agents, in the performance of the work
hereunder and shall utilize all protection necessary for that purpose. Consultant shall impose the
same safety requirements in their Agreements with their Subcontractors/Subconsultants as
described in the preceding sentence. All work shall be done at Consultant's own risk, and
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles
used or held for use in connection with the work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Services, shall take place at the City's offices, or at locations mutually
agreed upon by the parties.
BremertonIHelix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Fees
Page 4 of7
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address:
Consultant Address:
City ofBremerton, P.W. & Utils.
3027 Olympus Drive
Bremerton W A 98310
Helix Design Group, Inc.
6021-12th Street East, Suite 201
Tacoma W A 98424
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
1. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
Bremerton/Helix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Fees
Page 5 of7
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, sexual orientation, religion, age, marital
status, or disability, except for employment actions based on bona fide occupational
qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Services
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
Bremerton/Helix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Fees
Page 6 of7
CITY OF BREMERTON
By:
its:
Date:
Approved as to form:
Bremerton City Attorney
R:\LEGAL\Contracts\FORMSIProfessional Services Agmemcnt Form (2003).doc
BremertonlHelix Design Group, Inc.
Public Works & Utilitie.'l Operations Complex
Professional Design Fees
Page 7 of7
DES," GROUP, 1Ne.
By: ft,4tK ?.cEs7.6-L7A/J1!.f)
.
its: ?'.i!.t#~/47-
Date: Ie; ,ifVtf 08
Attest:
City Clerk
EXHIBIT A
SCOPE OF WORK
Professional Design Services
HELIX DESIGN GROUP, INC.
The following professional services shall be provided by Helix Design Group,
Inc. as follows:
SCOPE:
A. Operations Building:
Design approximately 1,400 sq. ft. addition to East end of building for
electronics and signal storage Pre-engineered steel structure with "shed'
roof
B. Warehouse:
Design approximately 1,800 sq. ft. addition to East end of building to
accommodate Sign Shop personnel, materials and equipment, with gabled
roof to match existing pre-engineered structure.
SCOPE OF SERVICES:
To include architectural, minor civil, structural, mechanical, electrical and
plumbing engineering services limited to the preparation of performance
specifications.
The documents for the design phase include:
· Cover Sheet with Code Analysis;
· Site Plan;
· Floor Plan: Reflected Ceiling (Operations Building Addition);
· Elevations: Sections (Operations Building Addition);
· Floor Plan: Reflective Ceiling Plan (Warehouse Addition);
· Elevations: Sections (Warehouse Addition);
· Details and Notes;
· Structural Foundation Plans: Structural Specifications & General
Notes; and .
· Mechanical/Electrical/Plumbing Performance Specifications.
The above mentioned services provide above include field investigations,
meetings and coordination time.
Bremerton/Helix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Services
1 of I
Exhibit A
EXHIBIT B
COMPENSATION
Professional Design Services
HELIX DESIGN GROUP, INC.
A. FEE SCHEDULE:
Architecture:
Structural Engineering:
MechanicallElectrical/Plumbing Engineering:
Civil Engineering:
Sub- Total:
Mark-up @ 10%:
$19,520.00
$4,100.00
$3,400.00
$2.000.00
$9,500.00
$ 950.00
$ 10.450.00
Sub-Total:
$29,970.00
B. EXPENSES:
Reimbursable expenses such as mileage, coping, and printing as part of the above fee
schedule and will be invoiced separately at cost plus 10% and at $0.485/mile driven.
Sub-Total:
$800.00
TOTAL:
$30.770.00
C. ASSUMPTIONS AND EXCLUSIONS:
· Cost estimating is not included in this proposal;
· Mechanical, electrical and plumbing (M/E/P) engineering services will be limited
to the preparation of performance specifications only;
· Interior build-outs and fixtures will be provided by the City;
· Permitting support will be provided by the City; Helix will respond to questions
as necessary; and
· Construction support services have not been included in this proposal but
provided as an extra service.
BremertonlHelix Design Group, Inc.
Public Works & Utilities Operations Complex
Professional Design Services
10f1
EXHIBIT B
DATE SUBMITTED: September 17,2008
BILL# 08- 2/0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
51.
......................................................B.................................
SUBJECT: SR304 TIP: Navy Yard
Highway Phase - WSDOT Construction
Support Agreement
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: October 1, 2008
Department: PW&U, Engineering
Presenter: Michael Mecham
Phone: (360) 473-5288
SUMMARY: The City is managing the contract for the construction of the Navy Yard Highway
Phase of the SR304 Transportation Improvement Project. The City has requested construction
support from the Washington State Department Of Transportation (WSDOT) for various testing and
inspection activities. This agreement identifies the type and estimated cost of those construction
support services to be supplied by WSDOT.
ATTACHMENTS: 1. Council Summary, 2. WSDOT Construction Support Agreement
FISCAL IMPACTS (Include Budgeted Amount): The estimated cost of $45,000 is budgeted within
the SR304 TIP: Navy Yard Highway phase of the arterial street budget.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the
Construction Support Agreement for work performed by the Washington State Department of
Transportation for the City on the SR304 TIP: Navy Yard Highway Phase with substantially the same
terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
SR 304 Transportation Improvement Project:
Navy Yard Highway Phase
WSDOT Construction Support Agreement
Ae:reement Summarv
The City is managing the contract for the construction of the Navy Yard Highway Phase
of the SR304 Transportation Improvement Project. The contract is for work occurring on
State right of way outside the City limits. In order to meet permit and funding
requirements it was necessary to obtain construction support services from WSDOT.
The support services were identified and an estimated support cost of $24,900 was
included in an agreement entered into with WSDOT on September 24, 2007. The State
expenditures have exceeded the amount of the original agreement and an amendment to
that agreement is necessary. The agreement amount has been increased to a maximum
value 01'$45,000. The majority of the increase costs is due to additional material lab
testing requirements for the asphalt pavement and for specialty inspection on the
overhead sign bridges.
Fiscal Summarv
Under this agreement the City will be responsible to reimburse the State an estimated
maximum amount of $45,000. The $45,000 is budgeted within the Arterial Street Fund
under SR304: Navy Yard Highway Stage ID.
t~ (~?~ t ':'>!\ T~
~J<? k" ~ ~ '~.~ ("2. t~:~ r: t. L ~~-
f)\,~,(:i~:;:~ ,,;~ if"-t ,'~I'iJ'n;f!: ~.I,.;~i'~ !,', r;v ~
3,:?cr<~t;.:1('~ :Jf i-; ~~j t;~'
August 14, 2008
Phil Williams
Public Works Director
City of Bremerton
3027 Olympus Dr.
Bremerton, W A 98310-4799
(C(Q)L9JW
RE: SR 304 - SR 3 to Missouri Gate
MP 0.00 - 0.40
Construction Support
E.C. #2006-013 GCW-0169 Amendment No. I
Dear Phil,
On September 24, 2007 the City and the State entered into a letter agreement for the City's
construction project on SR 304 requiring oversight and coordination with our Port Orchard
Project Engineer's Office. A description and estimate were attached as Exhibit A to the
original agreement. The State's expenditures have exceeded the estimated amount in
Exhibit A of that agreement and it has been agreed by both Parities to increase in the
estimate, now as shown in Exhibit A-I. Now, Therefore, Exhibit A to the original letter
agreement is hereby deleted and replaced with an updated Exhibit A-I as attached. Upon
execution of this Amendment No. I the agreement value shall be increased by $20,100 to a
maximum value of $45,000 for State support services. If support services costing more than
$45,000 are necessary, this agreement will need to be supplemented. The, actual, direct and
indirect expenses associated with this support are the obligation of the City of Bremerton.
Per existing agreement OH-OO 166, no administrative overhead will be charged.
All other terms and conditions of the original letter agreement shall remain in full force and
effect except as modified by this Amendment No. I
Upon receipt and approval of this endorsed letter, the Department will sign and return a copy
of the approved letter for your files. Should you have any questions, please contact Neal
Campbell at (360) 357-2666.
~~~-
fC11- Neal J ca~.E.
Olympic Region Local Programs Engineer
PROPONENT'S ENDORSEMENT BY:
WSDOT APPROVAL BY:
Signature
Print Name
Title
Neal J. Campbell
Region Local Programs Engineer
Date
Date
GCW-0169 Exhibit A-I - Work Description and Estimate
CONSTRUCTION SUPPORT FOR
SR 304 T.I.P.; NA VY YARD HIGHWAY PHASE
LOCATION:
That portion of SR 304 and Charleston Beach Road, lying between the intersection of Charleston Beach
Road and SR 304 (U .S. Navy "Missouri Gate") and SR 3; situated in Government Lot 2 and 3 of Section
22, and Government Lot 1 of Section 27, all in Township 24 North, Range 1 East, Willamette Meridian,
Kitsap County, Washington.
DESCRIPTION:
This project is the final phase of a transportation improvement project for SR 304 from its origin at the
Washington State Ferry terminal in downtown Bremerton, to its merge with SR 3. This phase of work
includes:
· Reconstruction and relocation of Charleston Beach Road with new roadway, street parking,
stonn system, sanitary system, water system, sidewalks and illumination.
· Construction of an HOV lane from Naval Station Kitsap - Bremerton main gate to SR 3, and an
overlay of the entire roadway.
· Elimination of driveways and vehicle access along SR 304, so that the roadway is limited access.
· Center median with landscaping on SR 304, and removal of unneeded asphalt areas along
shoulders, with plantings.
· Cleaning, lining and storm system improvements to WSDOT/Navy outfalls located along SR
304.
CONSTRUCTION SUPPPORT EXPECTATIONS FROM WSDOT:
It is expected that the City of Bremerton will require construction support from the local office of
WSDOT at Spring Creek Road, Port Orchard, Washington, for the following:
· Questions relating to documentation for materials, force account issues, payroll, etc...
· Utility questions and conflicts in the State right of way.
· Clarification on issues relating to the Contractor and interpretation of the Standard
Specifications, amendments, Standard Plans, and other WSDOT guidelines for construction.
· Inspection support.
In addition, the City of Bremerton may require the services of the WSDOT Materials Laboratory for
testing of the asphalt and assistance with any materials proposed by the Contractor to be incorporated
into the State right of way.
COST FOR SUPPORT:
Amendment
No.1
WSDOT Local Office
WSDOT Materials Lab
$17,500.00
$7,100.00
$25,000.00
$20.000.00
TOTAL
$24,9QQ'{)Q
$45,000.00
GCW-0169
Exhibit A-I
Page 1 of 1
DATE SUBMITTED: September 17,2008
BILL#
08-21/
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5J
..................................................................................m.....
SUBJECT: Real Estate Purchase and Sale
Agreement with Nancy J. Naylor
Committee Meeting Date: September 24,2008
COUNCIL MEETING Date: October 1, 2008
Department: PW &U Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The City has offered the adjacent upland property owner, Nancy Naylor, the
opportunity to purchase a remnant parcel adjacent to her own, Tax Parcel No. 222401-4-099-2005, in
accordance with BMC Section 2.78.01O(c). The parcel is approximately 0.02 acres and was originally
purchased as part of the SR 304 T.I.P.; Navy Yard Highway Phase project.
ATTACHMENTS: 1.) Real Estate Purchase and Sale Agreement; 2.) Exhibit
FISCAL IMP ACTS (Include Budgeted Amount): $500.00 Revenue to the Arterial Street Fund.
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
,0'
. /
/ /
, ".I'/~
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Real Estate Purchase and Sale Agreement with
Nancy J. Naylor and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented and to finalize and execute any and all documents necessary
to close the transaction, contingent upon acceptance of the terms of the agreement by Nancy J. Naylor.
COUNCIL ACTION: D Approve D Deny 0 Table
o Continue 0 No Action
r:ir;Jp~~~:~~~~:1;~7~~2S~~I~~~:' i'm:"":':"'::;;:=~:"":-:::Til
I' "'~"""""'"""l"'''' ' I ' ,I
"i~~ti~l:" '~j.L__~Ji'
: . :: :~-;~,."''::~+ ::-:-: ,:.~- ; -~:, ^, :',::::'.-":;'- -_'.;::":':~-. -:':'~.:_:::_ :',~-::_'_'::. -: ;'-.::_1
!~I~~i.~~~J~~~s~1~4~~Y~i!f~~!.~~r~~E~~~~,_1
PUBLIC WORKS & UTILITIES
Engineering Division
June 23,2008
Nancy J. Naylor
P.O. Box 70
Bremerton, WA 98337
Re: Sale of City Property - Tax Parcel No. 222401-4-099-2005
Dear Mrs. Naylor:
As an adjacent property owner to the City's remnant parcel listed above, we wish to offer
you the opportunity to purchase the property in accordance with Bremerton Municipal Code
Section 2.78.010(c).
The parcel is approximately 0.02 acres and was acquired by the City in October of 2005 for
$1400.00. Current Kitsap County assessed value is $460.00. Our initial thought for a cost
would be $1000.00, but are willing to review any reasonable offer.
As all property sales are to be approved by City Council, we would request your signing and
returning this letter with your offer in the attached envelope to allow staff to begin seeking
Council approval. This should take approximately three months, at which time, you will be
asked to make payment, and the documents will be released to you for recording.
Should you have any questions or comments, please feel free to contact me at
360.4 73.2354 or Qunnar.fridriksson@cLbremerton.wa.us.
Sincerely,
GLrikSSon P,LS.. P.E.
Civil Engineer II
I,tl~~
in purchasing the City parcel listed
above for $ r-- tf) (j
..Q.O{) -
~~~~l
~ .dU tI:,..f- ~
~.~ up ~
tJ.- ~ .
gf/aw
cc: Roger Lubovich, City Attorney
Mike Mecham, P.E., City Engineer
Lynn Price, P.E., Project Manager
0608-44
REAL ESTATE PURCHASE AND SALE AGREEMENT
This agreement controls the terms of the sale of real property.
(Please read carefullv before shmine:.)
This Agreement is entered between the CITY OF BREMERTON, a Washington
municipal corporation ("Seller"), and Nancy 1. Naylor ("Buyer"), for the sale and purchase of
real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances
situated thereon, which Buyer agrees to buy and Seller agrees to sell, is legally described as:
That portion of Government Lot 2 designated as Tract 14 on an unrecorded
plat of acreage lying between the Navy Yard Highway and Preble Street east
of the north and south center line of Section 22, Township 24 North, Range 1
East, W.M., Kitsap County, Washington. Point of beginning located as
follows: starting at the concrete monument in center of line of section 22,
township 24 north, range 1 east, w.m., and running south 0049'53 west 991.43
feet; thence south 89010' east 238.99 feet to the eastern boundary of Merrill
Drive; thence north 0049'53 east 36.11 feet; thence south 51048' east 172.04
feet; thence in a northeasterly direction parallel to the Old Navy Yard
Highway 94.65 feet; which is a point of beginning; thence continuing in a
northeasterly direction parallel to Old Navy Yard Highway 50 feet; thence
north 32040'43 west 20 feet; thence in a southwesterly direction parallel to
Old Navy Yard Highway 50 feet; thence south 32040'43 east 20 feet to the
point of beginning; excepting 16.8 of beginning. *Location: 40 feet
northwest offN avy Yard Highway 450 feet southwest of intersect with State
Highway 21.
A map indicating the location of the Property is attached as Exhibit A, incorporated
herein by this reference.
2. PURCHASE PRICE. The total purchase price for the Property is Five
Hundred and Noll 00 Dollars ($500.00), payable on closing.
3. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Receipt of the full purchase price by Seller from Buyer within 30 days
of mailing of notice of City Council approval.
Should any of these contingencies .not be met prior to closing, then this
Agreement shall terminate except neither Buyer nor Seller shall have any further rights,
duties or obligations hereunder.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page I of 4
4. CONVEYANCE AND CONDITION OF TITLE. The title to the real
property shall he conveyed by Seller to Buyer at closing by Quit Claim Deed.
5. CLOSING COSTS AND PRO-RATIONS. Seller shall pay for excise tax
and revenue stamps as applicable. Taxes for the current year, rents, interest, water and other
utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed.
6. CLOSING OF THE SALE. With the understanding that time is of the
essence for this agreement, this sale shall be closed within 30 days of receipt of the purchase
price which shall also be the termination date of this agreement unless said closing date is
extended in writing by mutual agreement of the parties. Closing, for the purpose of this
agreement, is defined as the date that all documents are executed and recorded.
7. POSSESSION. Buyer shall be entitled to possession upon the recording of
the Quit Claim Deed.
8. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no
representations as to the environmental condition of the property. This provision shall
survive closing.
9. HOLD HARMLESS. As partial consideration for the purchase of the
Property, Buyer purchases the property and improvements "as is" and agrees to hold the
Seller harmless from any environmental condition or defect whether known or unknown.
This provision shall survive closing.
10. A TTORNEY'S 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.
11. NOTICE TO BUYER. This form contains provisions for an agreement for
the purchase and sale of real estate. The Seller makes no warranty or representation of any
kind that this form, or any of its provisions, is intended to meet the factual and legal
requirements of a particular transaction, or that it accurately reflects that laws of the State of
Washington at the time you enter the agreement. This agreement has significant legal and
financial consequences. By signing this agreement, Buyer acknowledges that Buyer has or
has had the opportunity to consult with an attorney regarding Buyers rights and obligations in
this agreement.
12. BROKERS FEES/COMMISSIONS. Buyer agrees to indemnify, defend
and hold harmless Seller with respect to any claim by any person or entity claiming through
Buyer to be entitled to a commission with respect to the transaction contemplated by this
agreement.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 2 of 4
13. NON-MERGER. The terms, conditions, and provisions of this Agreement
shall not be deemed merged into the deed, and shall survive the Closing and continue in full
force and effect.
14. NOTICES. All notices required or permitted to be given hereunder shall be
in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile
transmission addressed as set f01ih below:
(a) All notices to be given to Seller shall be addressed as follows:
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337-1873
(b) All notices to be given to Buyer shall be addressed as follows:
Either party hereto may, by written notice to the other, designate such other
address for the giving of notices as being necessary. All notices shall be deemed given on
the day such notice is personally served, or on the date of the facsimile transmission, or on
the third day following the day such notice is mailed in accordance with this paragraph.
15. ENTIRE AGREEMENT. This agreement, including all incorporated
exhibits, constitutes the full understanding between seller and buyer. There have been no
verbal or other agreements that modify this agreement.
16. BINDING EFFECT AND SURVIV AL. This Agreement shall be binding
upon parties hereto and their respective heirs, successors and assigns; and the terms,
conditions and provisions of this Agreement shall survive the closing of this transaction.
17. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement,
the date of mutual acceptance ofthis Agreement shall be the last date on which the parties to
this Agreement have executed this Agreement as indicated below.
18. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on_
, to accept the purchase and sale agreement as written,
by delivering a signed copy thereof to the Seller or the Seller's agent. If Buyer does not so
deliver a signed copy within said period, this agreement shall lapse and all right of the parties
hereunder shall terminate.
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 3 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
date set forth below.
SELLER:
CITY OF BREMERTON
BUYER:
By:
Cary Boze!11an, Mayor
Nancy J. Naylor
Dated:
Dated:
APPROVED AS TO FORM:
By:
Roger A. Lubovich, City Attorney
R:\Legal\Legal\Files\Current Active Files\Naylor Real Estate\REPSA.doc
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 4 of 4
----.J ..;;::.
.4: <( 3:
(j) <( -;
LL w 3: cri
.... 0 ...- .........
>- u.:
iii ~ 0:::: <..?
0:::: Z 0
0 z U
,09=" 1:37'1:)5 5: W '<:j- a:J
a
.. 0.- ~ C'\! D- .........
.-
~ 0 0:::: f- <( '"
0:::: 0 ~ <..n OJ
C'\! f- a
0.- 0.- C'\! -
U ~
0:::: w
0 <..n
LL
DATE SUBMITTED: September 17, 2008
BILL #
08.- :2./1-.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5k
..................................................................................8.....
SUBJECT: Bremerton Ferry Tunnel-
WSDOT General Maintenance Agreement
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: October 1, 2008
Department: PW &U
Presenter: Phil Williams
Phone: 473-5315
SUMMARY: The Washington State Department of Transportation (WSDOT) is constructing the
Bremerton Ferry Tunnel Project which will include a tunnel and associated street improvements
within the SR304 corridor. The General Maintenance Agreement will establish the maintenance and
preservation responsibilities between the City and State for those improvements not covered under
Washington State RCW's.
ATTACHMENTS: 1. Council Summary, 2. General Maintenance Agreement
FISCAL IMP ACTS (Include Budgeted Amount): The City will be responsible for an estimated
annual maintenance cost of$17,000 beginning in 2009. The City will also perform an estimated
$41,000 of annual reimbursable maintenance work for WSDOT. These additional costs and expected
reimbursements will be incorporated into the Street Fund (Fund 102) 2009 budget.
APPROV ALS:
DEPARTMENT DIRECTOR.'
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~/ t:' -" "
?C.... I ~".' .' ,
~,r:. .. " 0__0 J (' .-...... 'I /<~
?-"B~i",e/((
4L2'-~/ .
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the General
Maintenance Agreement with Washington State Department of Transportation for the Bremerton
Ferry Tunnel Project with substantially the same terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
Bremerton Ferry Tunnel Project
WSDOT General Maintenance Agreement
Ae:reement Summary
The Washington State Department of Transportation (WSDOT or the State) will be
constructing the SR 304 Bremerton Ferry Tunnel Project (the Project) which will include
a tunnel and associated surface street improvements within the SR304 corridor. A
General Maintenance Agreement is required with construction of improvements to State
Highways within the City limits to establish the maintenance and preservation
responsibilities between the City and State for those improvements not covered under
Washington State law. As provided under Washington State law, the travel way of a State
Highway is the responsibility of the State; however, traffic signals and all improvements
outside the curb are the responsibility of the local agency. Additionally, non-state
standard special features; i.e., concrete pavers, in the travel way are the responsibility of
the local agency.
The tunnel is classified as a structure and as such, its long term preservation will remain
the responsibility of the State. Since the tunnel is a primary benefit to the City, the City
and WSDOT have negotiated the operation and maintenance responsibilities for the
tunnel as set forth in the General Maintenance Agreement for the Project.
Fiscal Summary
The City will be responsible for an estimated $17,000 in annual operation and
maintenance costs. The City will also perform an estimated $41,000 of reimbursable
annual operation and maintenance costs at the State's expense. The State is also
responsible for an estimated $14,000 in annual electrical, water, telephone and fuel
service charges and expenses. .
~:. CH'''i~ ,/ ~~-;;..
;.::: n;~ :':~:-";i<-~II1'
'~,~ ':Xi.',; .>--. ,;'; ; '-;.''';- ".
August 15,2008
City of Bremerton
3027 Olympus Drive
Bremerton, WA 98310-4799
SR 304 Bremerton Ferry Tunnel
Maintenance Agreement
GM-1463
Attn.: Lynn Price
Project Manager
(CCC>>[P)~
Dear Sir:
Attached for execution are the original and duplicate original of the above mentioned agreement.
After signing both originals, please return them to me for further processing. One original of the
agreement will be returned to you for your records.
If you have any questions, please call me at (360) 357-2621.
Sincerely,
Neil Knecht
Agreements Engineer
NK:nk
Attachment:
GM-1463
cc:
tile
Bremcrton FelTY Tunnel
GENERAL MAINTENANCE AGREEMENT
GM-1463
This Agreement is made and entered into between the State of Washington
Department of Transportation, hereinafter the "STATE," and the City of Bremerton, 3027
Olympus Drive, Bremerton, Washington, hereinafter the "CITY"
WHEREAS, the STATE has a project within the Bremerton city limits entitled
"Downtown Bremerton Pedestrian/BTC Access Improvements," hereinafter, the "Project," to
construct a tunnel and associated surface street improvements within the SR 304 corridor;
these improvements will enhance the flow of traffic to and from the Bremerton Ferry
Terminal, and
WHEREAS, this Project was presented to the United States Congress by and for the City
ofBremerton in an effort to provide transportation improvements that will primarily enhance the
downtown core area by removing vehicular traffic from the surface streets, thereby benefiting the
CITY and STATE highway by reducing pedestrian-vehicle conflicts, and
WHEREAS, the responsibilities for maintenance and preservation of the tunnel,
special paving, and landscaping, as identified by this Agreement, are not clearly defined
and/or not defined by RCW 47.24.020, and
WHEREAS, it is to the mutual benefit of the STATE and the CITY to define and/or
clarify, in writing, each Party's responsibility for maintenance and preservation of the
Project, limits of which are identified in Exhibit A, attached hereto and by reference made a
part of this Agreement,
NOW, THEREFORE, pursuant to RCW 47.28.140, RCW 47.24.020, and in
consideration of the terms, conditions, covenants, and performances contained herein or
attached and made part hereof,
IT IS MUTUALLY AGREED AS FOLLOWS:
1. DEFINITIONS
1.1 "Maintenance" is routine preventative service and repair.
1.2 "Preservation" is the rehabilitation or replacement at the end of an element's useful
lifespan, after deterioration or damage, when the element can no longer be cost-
effectively repaired or maintained.
Page 1 of8
2. RESPONSIBILITIES
2.1 The maintenance ohligations of the Parties pursuant to RCW 47.24.020 are not
modified, but may be clarified as provided herein. The STATE and CITY agree to
the maintenance and preservation responsibilities under the tenns of this Agreement
as follows:
,-...--.-.---.-.--..-.... -.--.-.-.. ..-----.-....---....... ----....-.--..--.-......-....-. -"'-'--. -..-- ...-..---..-..--....-..----........-,............----. ..._-_. ---'---']
. 1M.
: l' amtenance I
( Element . and I
.. 1 Preservation I
i-.---- -....-..-. ..--..--......-. ---.____..___. ._.._.._._._._.. _..._.. ._.._....___.._._ _._._..__.__.__.~.-_-..-. ..__.____..__..j
.. Tunnel Camera System I ST A TE*** I
. .. ..,.. .. .....-.. .--.-......--.. ---...-.. ._- ..-..... ...-....".-.. .w..__....... --- ---.- ....--..... . M'''''''t'. ... ......... ,,_____.....___.. _....
Tmmel C o~l~~~i~.~_ti~~~.._~y~!~~ _"___'_"'_'" _.._____.......____ _..J..... .w.. ~X!'X_____~
~i~Z;~}i~~;~~~c~~1~~~~l?G~~~t~;~t;~:m .----------.--1....ST~~;~ **-~
--,-~-_.._. ..-----_._-~--_..~._-----_.._.__..--_.._---_._-----_.__.--.---......--.---..-----.--j
i Tunnel Fire Suppression and Alarm Electrical Systems I ST A TE***
:T~.~~iFir~..S~pp;;~io~.;:~~TAI;~-M~~h.~~i~_;TSyst~~s -I--'---"CITY ---1
r.T~~~cFT;~--s~pp~~;i~~-~~d.AG~ -Syst~~-yearly-i~.~t~-r--.CITY*.--1
c-.-.--.-.---.... .---....-. .............--.-....-.---.---..----.. ~.." ..,,-~.-_.. ...-.-. .-..----..........------...-----1'''.- ....-.~--.-.- '-'---'--"'i
! Tunnel Gate System ] STA TE*** j
--......-......--.....-----.....------..-..-.-......---- -.-.-.--..-..--............ ........--...--......---.--.......---1-......--.-.------.-..---
i Tunnel Illumination J ST A TE***
I~~~~I~~~~~EI~~t~~:[2~~~i~~~j~~P::~~-:=_=:==:::::~::=-:.=-:::=_=:I=_:-~!T'X:~___-_=::J
'TunneLI~,!-f~~ Con!Eol S.2'st~E2':~__...______ j_~:rA~E~~* I
; Tunnel Ventilation System I STATEE**
:. ~~~eTW~~L CI~ani':g~-Q~Jfiti_~~~~~'!-l=:=---- _L----city*----
i Landscaping j CITY I
;- Surfa~-StreetDe~or~tiv~Pa~eme;t (n;~-as-phait)------r----CITY---"-;I.
~----_._------~---'---_............._-----"'--.,-...............__._._,._._-._---------..---.---
* Preservation is not applicable
** Includes traffic loops and lane use signs within or mounted on the tunnel.
*** CITY shall maintain pursuant to Subsection 2.3 unless otherwise requested pursuant
to Subsection 2.11.
2.2 The CITY agrees to perform, at 100 percent CITY expense, the maintenance and
preservation of elements identified as CITY responsibility in Subsection 2.1 of this
Agreement.
2.3 The CITY agrees to perform, at 100 percent ST ATE expense, the maintenance of
elements identified as STATE responsibility in Subsection 2.1 of this Agreement.
2.4 The STATE agrees to perform, at 100 percent STATE expense, the'preservation of
elements identified as STATE responsibility in Subsection 2.1 of this Agreement.
2.5 Maintenance by the CITY under the provisions of this Agreement shall be in accordance
with STATE's Maintenance Standards referenced in Exhibit B, attached hereto and by
reference made a part of this Agreement.
Page 2 of 8
2.6 The CITY shall keep records of maintenance and preservation activities for all Tunnel
clements it maintains or preserves. These records shall be made available to the
STATE upon request.
2.7 Should the CITY fail to provide maintenance and preservation for those elements
identified as CITY responsibility in Subsection 2.1 of this Agreement, the STATE shall
provide written notification thereof to the CITY, and the CITY agrees to cure any
maintenance and/or preservation deficiencies within 48 hours if the STATE identifies the
failure as a safety concern or impacting operations, or otherwise within thirty (30) days of
receipt of STATE notification. Should the CITY continue to fail to cure any maintenance
and/or preservation deficiencies for those elements identified as CITY responsibility, the
CITY agrees that the STATE may perform the maintenance and/or preservation, and the
CITY agrees to reimburse the STATE for such costs within thirty (30) days of receipt of
a STATE invoice. If payment is not made within ninety (90) days from receipt of a
STATE invoice, the CITY further agrees and authorizes the STATE to withhold, and use
as payment, motor vehicle fund monies credited or to be credited to the CITY pursuant to
RCW 47.24.050. The STATE's method for repairing decorative pavement is patching
with HMA.
2.8 The ST ATE shall be responsible for the costs of the electrical, water, and telephone
service charges for the Tunnel and Tmillel related systems.
2.9 The CITY shall be responsible for the costs ofthe fire alarm monitoring charges for
the tunnel alarm system.
2.10 Sanitary sewer and storm drainage from the tunnel shall be discharged to the CITY's
system at no cost to the STATE.
2.11 If written request is provided by either Party before October 15t of a calendar year,
beginning the following July 15\ the CITY will be relieved of the CITY's
responsibilities under Subsection 2.3, and the ST ATE agrees to perform the
maintenance, at 100 percent STATE expense, of elements identified as STATE
responsibility in Subsection 2.1 of this Agreement.
3. THIRD PARTY DAMAGE
3.1 The CITY shall be responsible for performing the repair with CITY forces of all third
party damage to all elements listed in Subsection 2.1 for both the CITY and STATE,
including replacement of elements damaged beyond repair
3.2 If the CITY deems that third party damages to an element for which the STATE is
responsible, pursuant to Subsection 2.1, are beyond the capability of CITY forces to
replace or repair, the CITY shall notify the STATE, and the STATE shall perfonn the
replacement or repair.
Page 3 of8
3.3 The CITY shall be 100 percent responsible for the costs to repair damage by third
parties and replace elements damaged beyond repair by third parties, and shall be
responsible to seek reimbursement from third parties for said costs, for elements for
which the CITY is responsible pursuant to Subsection 2.1.
3.4 The ST ATE shall be 100 percent responsible for the costs of repair for damage by
third parties and replace elements damaged beyond repair by third parties, and shall
be responsible to seek reimbursement from third parties for said costs, for elements
for which the STATE is responsible pursuant to Subsection 2.1.
3.5 The CITY shall keep records of its repair and/or replacement activities due to third
party damage. These records shall be made available to the STATE upon request.
3.6 The Parties agree that should the CITY fail to repair third party damage to elements for
which the CITY is responsible, pursuant to Subsection 2.1, the STATE shall provide
written notification thereof to the CITY, and the CITY agrees to repair the third party
damage within 48 hours if the STATE identifies the failure as a safety concern or
impacting operations, or otherwise within thirty (30) days of receipt of STATE
notification. Should the CITY continue to fail to repair said third party damage, the
CITY agrees that the STATE may repair the third party damage, and the CITY agrees to
reimburse the STATE for repair costs within thirty (30) days of receipt of a STATE
invoice. If payment is not made within ninety (90) days from receipt of a STATE
invoice, the CITY further agrees and authorizes the STATE to withhold, and use as
payment, motor vehicle fund monies credited or to be credited to the CITY pursuant to
RCW 47.24.050. The STATE's method for repairing decorative pavement is patching
with HMA.
3.7 If written request is provided by either Party before October 1 st of a calendar year,
beginning the following July 1 S\ the CITY will be relieved ofthe responsibility under
Subsection 3.1 to perform the repair of third party damage to elements identified as
STATE responsibility in Subsection 2.1 of this Agreement, and the STATE will
perform said repairs at STATE expense.
4. PAYMENT
4.1 The STATE, in consideration of the faithful performance of maintenance and
preservation work pcrfonned by the CITY, as provided in Section 2, agrees to reimburse
the CITY for the direct salary and direct non-salary costs of the maintenance and
preservation work that is the responsibility o~ the STATE. Per Reciprocal Overhead
Agreement OH00166, no overhead shall be billed or paid.
Page40f8
4.1.1 The STATE shall make partial payments for maintenance and preservation work
upon receipt of a detailed invoice to cover costs incurred. These payments will
not be more frequent than one (1) per month. The STATE agrees to make
payment within thirty (30) days from receipt of an invoice ham the CITY. If the
STATE does not a!,'Tce with the CITY's invoice, the Parties shall resolve all work
or cost discrepancies hefore payment is made.
4.1.2 In order to meet June 30th fiscal year-end requirements, the CITY agrees to
invoice the STATE no later than July 15th, in each year of this Agreement, for all
outstanding services and/or work perfonned in the month of June. If applicable,
the CITY also agrees to invoice the STATE, under the same deadline, for services
and/or work performed in earlier months in the respective fiscal year, but not yet
billed.
4.1.3 Invoices for maintenance and preservation work shall include the following
information:
Agreement Number GM-1463, Maintenance Work
Beginning and end date of invoice period
Labor hours and rates
Equipment hours and rates
Materials used and prices
4.2 The STATE, in consideration of the faithful performance of third party repair and/or
replacement work performed by the CITY, as provided in Section 3, agrees to reimburse
the CITY for the direct salary and direct non-salary costs of the work that is the
responsibility of the STATE. Per Reciprocal Overhead Agreement OHOOI66, no
overhead shall be billed or paid.
4.2.1 The 81' ATE shall make partial payments for third party repair and/or replacement
work upon receipt of a detailed invoice to cover costs incurred. These payments
will not be more frequent than one (1) per month per incident. The STATE
agrees to make payment within thirty (30) days from receipt of an invoice from
the CITY. If the STATE does not agree with the CITY's invoice, the Parties shall
resolve all work or cost discrepancies before payment is made.
4.2.2 In order to meet June 30th fiscal year-end requirements, the CITY agrees to
invoice the STATE no later than July 15th, in each year of this Agreement, for
third party repair and/or replacement work perfonned in the month of June. If
applicable, the CITY also agrees to invoice the STATE, under the same deadline,
for third party repair and/or replacement work perfonned in earlier months in the
respective fiscal year, but not yet billed.
4.2.3 Invoices for third party repair [md/or replacement work shall include the
following information:
Page 5 of8
Agreement Number GM-1463
Incident Identification Number (a unique number assigned by the CITY)
Date of third pariy damage (or discovery of damage)
Labor hours and rates
Equipment hours and rates
Materials Used and prices
4.3 DUling the progress of the work and for a period not less than three (3) years from the
date of any payment by either Party, the records and accounts peliaining to the work
under this Agreement and accounting thereof are to be kept available for inspection and
audit by the CITY, state, and/or the federal government and copies of all records,
accounts, documents, or other data pertaining to this Agrcement will be furnished upon
request. If any litigation, claim, or audit is commenced, the records and accounts along
with supporting documentation shall be retained until all litigation, claim, or audit finding
has been resolved even though such litigation, claim, or audit continues past the 3-year
retention period.
5. RIGHT OF ENTRY
5.1 The Parties hereby reciprocally grant to each other the right of entry upon all land in
which the Parties have an interest for the purpose of accomplishing the work required
herein.
~
6. TERM OF AGREEMENT
6.1 This Agreement may be terminated only ifmutually agreed to by both Parties.
Termination shall be in writing and signed by both Parties.
6.2 Termination of this Agreement shall not prejudice any rights or obligations accrued to the
Parties prior to termination.
7. MODIFICATIONS
7.1 This Agreement constitutes the entire agreement between the Parties on the subject
mattcr hereof. There are no understandings, agreements, or representations, oral or
written, not specified herein regarding this Af,'Teement. No waiver, consent, modification
or change of terms of this Agreement shall bind either Pariy unless in writing and signed
by both Parties. Any waiver,_ consent, modification or change, if made, shall be effective
only in the specific instance and for the spccific purpose given. The failure of the CITY
and/or the STATE to enforce any provision of this Agrecment shall not constitute a
waiver by the CITY and/or the STATE of that or any other provision.
Page 6 of8
8. SEVERABILITY
8.1 Should any part, 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.
9. DISPUTE RESOLUTION
9.1 In the event that a dispute arises under this Agreement, it shall be resolved as follows:
The CITY and the STATE shall each appoint a member to a disputes board, these two
members shall select a third board member not affiliated with either Party. The three-
member board shall conduct a dispute resolution hearing that shall be informal and
unrecorded. The decision of the board shall not be binding upon the Parties, but its
recommendations shall be given serious consideration when resolving the dispute. An
attempt at such dispute resolution in compliance with aforesaid process shall be a
prerequisite to the filing of any litigation concerning the dispute. The Parties shall
equally share in the costs of the third disputes board member. Each Party shall be
responsible for its own costs of the disputes board.
10. LEGAL RELATIONS
10.1 Each Party 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 awards of
damages (both to persons and/or property), arising out of, or in any way resulting from,
each Party's negligent acts or omissions. 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) are caused by the sole negligence of the Party.
Where such claims, suits, or actions result from the concurrent negligence of both Parties,
or involves those actions covered by RCW 4.24.115, the indemnity provisions provided
herein shall be valid and enforceable only to the extent of each Party's own negligent acts
or omISSIOns.
10.2 This indemnification shall survive the termination of this Agreement.
11. VENUE
11.1 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. The Parties shall be responsible for their own costs, including attorneys fees.
Page 7 of8
IN WITNESS WHEREOF, the Pmiics hereto have executed this Agreement as of the Party's
date signed last hereto below.
CITY OF BREMERTON
WASHINGTON STATE DEPARTMENT
OF TRANSPORTATION
By:
By:
Cary Bozeman, Mayor
Kevin J. Dayton, Region Administrator
Date:
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
By:
. -
Assistant Attorney General
Roger Lubovich
City Attorney
Date:
Date:
~~-O~-C>~
(L;(()) r9) ~7
< .' ....,~_ ,"" "J [ j
Page 8 of8
~~~~~._-! w
~~..."'" :>
..r~ '- i i. ~ II m
I I "- >
I I ~
~_!l!~+-..L__~ ~ _j \/
8(c.II"IIlQ[ ~ ,,- ;: .z.
t ~ ,II:
I I I ~
I I 'Q.
I I I'
I I I
I
f
!
f
i
t
I
I
f
II
~
~
I
I
,
~~.~ :.75
P~'O+oo.OO-
GM-1463
EXHIBIT" A"
Page 1 of 5
BEGIN AGREEMENT LIMITS.
iiPf7i" -
,-.,,---
i
tu
!/!
OJ
!
. . . .
T 7+80.00 . L.....'--' ,
B 5HBO.00 II I' L T_) ......_
=
- ":'" B-UNE
= BURWELL STREET _
1OtOO
=
- --
_..:L__........
.)~--
~I~~
i~~
_w
g~!
-.-
~ ' 'SR304 I ~
! DOWNTOWN BREMERTON PEDESTRIANI! CH2
h ,- ~.t -..1 .Ita.. BTC ACCESS IMPROVEMENTS ~
:..:....L.t...~.. 1_ 'llI~I"T""'J ~ X
..., APtI'O
-----..
-r--
;31.
BW-UIlE
T'lINE
.11tGO
---------~-.=-::..::.=-:::..--
j~
8
~
'"
m
. iw
~~
;I~
I
'_ I
CONSTRUCTIQN NOTE.
0....MT(_LK.
~ 'l1l. ....... ("lD!oWG)
o .......... -...- C1WlU ..
(O''''''HIO)
G> ...... ,ta ..... (11-10.'"""')
@
ill
(I)
o
(!)
@
l1WTC __ ClI-",.I-<IO)
.... ,.: l.M (>>-20 10-(10)
"-'S1I:_.....('....'H.ll)
f'U51'C ~ uc:: ""-1).10-00]
Mf MJt we: t.M. liU.n.lJM: 0liIl _ rlWn:
(.'>GJO-<ll~ sa D(IM. I
'I'lU0I' (DC;( l.I€.. .....Yj-\.JIll[ OW[ wrr TJWT<
(.QUHIO)."'lIf"'-J
@ 'ftlWIJ UQ lM (liI.2Q.10~CG)
LOCHNeR
BURWB.L STREET I PARK AVEI/UE
lIP 2.73 m 1M' 2.83
Xx
GM-1463
EXHIBIT "A"
Page 2 of 5
WlI
I[(a ~ CDIIii....:
I I
I 1..-___
I I
I I r---
I . I I
I I I
I I I
:r' J ,,- r I I
I I I " , " .
I I l............... I
I . I I tc.ull_
I I I
I ~~
:!~j~
I;!a!
.-------
SR 304,IoIP 2.91,
B 86+9lI.08 .
Pi5<ii.iii
~
I'USII: SllP 1K
- ... 0WlU ltWlO
ClMID ..
---------------------------
--... -.---.- y -.... --t---.....--...r-------4....-__
.
f
I
.
If
"
i
1
I
!
}
1
~
A
r
I
5
I
'ZII~
~,-:
~L:
r-
to
lit<<!
$fA.. II ......00
--"'111.
to
r-------
I
II i
,iii I
". I i.... I
. I
i. :
I
J. I
: I
I I
: /
I I
. I
i I
. I
.. I
, ,
'J' 1" ".., ,,- I :',- ,
- -..L:....__~_J_
lfATCHliNE P 67+80.00
5U 3'aT Of1 I'DR
......--
i
r------_
I
I ~------
I _
i I \""\ /,1
-!--L----__,___t_;,
5TIoT[ IttO.-~ ..0.'
,
10 I~
...-
.rrr APr'-1)
.cQ&TRUCTION NOTES
o :,;:n :lw~tIJ)
o '"" lll>&l Y\ll.Ilf (:(HItt J€
Ithzo.:.o.Gd)
Q) .-1( (.00( ~M (If-lO.IO-CO)
@ I1WfC __ jl>-~..,o-..)
ill -.v.x l.M: (If-1O.10-QD1
@ PWl1C _... (O-'11H11l1
@ I'\.AS1lt CII2SaItU U4. fM-li_1G-OO)
@ "-'S11C "'"' """"""" ....,. (l<N)
..... .- (.H,....)
(!) :: =c~-~.:t~~O(~
@ TU.l.DtI [IlCO{ UIl. .u.n.u.N( till .....
I1lI/TC (.-lO.Jl-<<l~ Ilr lI[1Ol. 1
@ 1'V6TC/"Wf M'f( lM POI ~
lIClM. llIl ..
~ , ,'SR J04 j _0
~ e DOWNTOWN BREMERTON PEDESTRIANII ~
. x . It. c h I - ~~.h. - I BTe ACCESS IMPROVEMENTS
~... ..... ~. .~, ,....." "IJ"tatMar SR >>I --
LeiCHNeR I IIURWEU. STREET/PACIFIC AVEMJE
... 2.83 TO IolP 2.94
CH3
x
Xx
I
! , I r--
, I I
\ I
~ ",111 I I
I ~I I ~~ I I
t , I :I- I I
I .. Ii I I I
I I I I
t I: I I I
" ..'( · rl I I I
I .. . I I
I I I
I I
~ I I
~ I
r
~
!
I
I
t;
~
GM-1463
EXHIBIT "A"
Page 3 of 5
I
SEC. 13, T.24N.. R.1 E.. W.M.
SR 304, UP 2.110
P 1\1+78.10.
S 10+00.00
.. ,
1..---"
IC.U",,",
.
I
CONSTRUCTION NOTES.
o ::-:: (V~\O-ol)
@ ;:'~ l1llDO COOOl ~
ill 0Ifl[ _ lJ€ (V-lD. to.oGl
o nwro; - (>l-I4JlH"l
o ... - LJl[ (.-lO.tO"')
@ JIU5n: SIJI' l,Io€ ("-11.10'00)
()) JII.ASlJ; ~ lM: (lH119--<D)
(j) ;:;::C.= =l~ (IQ/l
@ ~-=-~rn:~0{'_
i .... "!I'" '-:-q' .
~ ~~- ~~~=--~I -=====--
., O~~""........ _~ -----.
; ~.... L~J~~~_______._~JOOi -~----~~-
5i. Ill." C' -- -->-~--_._------- .---
~~'~7-.--==--==-= ~~r-==~-~~
ST..1't ltD. ~ PltO.I WO
: ~ : : SR304 I ~
. ~ : DOWNTOWN BREMERTON PEDESTRIANII CH4
I I h 'e . "'- - : BTC ACCESS IMPROVEMENTS
· x. t. c I D ......t~T-- ~-tI 1------- - . x
~_ ........ ........l1li .......--.. 11. .. SR304 j
I I PACFIC AVENUE I SECOND STREET .
LeCHNER ; 1M' 2.84 lIP 1.99 xx
10 _$H.
.... ......
ltt' ....,IID
\
"- CONSTRUCTION NOTE.s
"
" 0 ..""'.........
"- 1U '"'- ...... (.-10.......)
ill ... <DaI >U1llW W<IUI ..
(11-10.>>-<10)
0.....'0<;(-(......,0-<01
\? @ """"-I","JII-a>)
\ 0'" - - (M-JO.'HD)
,
\ . < ~ ill OUOTC....!JI( (lI-'~ 10-00)
\ / (]) P\ASTC __ lJl( (I...~"H")
/ ~ ' @ ... M1t ..... \JO<. ,....__ QI€ aIV
/ JW..: (.-"u.....~ 1U ..... ,
@ .woo """ ..... IILn-_ _
IlWTC: (.--IG.>>-IlO~ 51[ ..... .
'iJ' ~""".. "'" .....
~ OCUI.. sa 5HO.1 au.
GM-1463
EXHIBIT "A"
Page 4 of 5
---._-----
" ~---::_=--y::.::.-
l
.
.
,
i
f
j
1, END AGREEMENT LIMITS (SURFACE STRE
J MP 3.Dl -- --
I
l
~
1
~
~
,
~
~
I
'- \:
'- "
'\ \ \ ,
\ \ \ \ "
\ "
\ ," \ ,
, '
, """
\ '
, \\ \' \\,\
, "
\ \ \ \ \ , \>
\ \ \ \ y~,/
\ \ \>>
\ \/"
/;,;~
~ '1>'
, \/;i\~
).,,/~C.~
'\
'\
\
,
\
,
\
~
1-
~ "'_ 0000- ~_____
SIi!' s...c-- COlT wru...'-lj: I
>(. l"""~--
I~... ctM'f 'lllU.l<l.f11 IHI. i'COl --
~ Di;Ol\oV APllI.tfQ&
~ .... ~ ,--
,..",....,,-
~
$(( 0YrG. Oil roR ~H SC.-.(OuLE tGttnHuAT:QN
I
m , . .
I.........J--' I
IOU . ""'
I 90% SUBMITTAL J
.<11..-.
~ I ~
. SR 304 I -
~ ~ DOWNTOWN BREMERTON PEOESTRIANI -
I u...J....t......i.~ ,8 :-l. ...2..I:.~___ BTCACCESS~~OVEMENTS I
LeiCHNER PACIFIC AVE./fRST ST./WASIilHGTOH AVE. ~
, ,1.lP2.llGTOI.lP3.05 xx
SlAT( 1'[0. A;l) HlO.I. '.:i
10 I w.$H.
~
..'.....0
CH5
f
S
~
I
t
i
I
:>
1
I
~
~
I
~
I
i
,
-
.... "'"
._._.~"""
_._f-
~J-.
GM-1463
EXHIBIT "A"
Page 5 of5
\
<'" \.\
,,(',' \ \ \
,'\ \ \ \ ~\.
r(\ \ \ \ \ \\.
IP?" \ \ \ \ \ \ \ \.
~ ~\ \\ \ \ \ , \ \ \
.,,," - \ \ \ \ \ \
~~- \ \ , , \ \ " \
~- \ \ \ \ \ \ \ \ \ ' \
\\\\\\\ \\
\\/\\-~~~ \ \ \ \ \ \ \ \ \ \ \
\\\\\\\\\\\
\ \\ \ , \ \ \ \ \ \ \
\ \ \\\\ \\
\\\\\\\\\,
\\\\,\\\\\\
\\\\\\\\ \\
\ \\\\\\\\\\\\
\ \\\\\\\\\\\
\ \\\\\\\\\\\
\\\\\\\\\\
\ \\\\\\\\ \ \
\ \\\\\\\\ \
\0 \\\\\\\\ \
\ \ \ \ ,\ \ \ '//
\ \ \ \ \ \ \ \ 0.A /0
\> \ \ \ \ \ \ \,,/ Y
\ \ \ \ \ \ 0 \ ,>. /\
\ \ \ \ \ \ r \/ \
\, \ \ \ \/ /^\ 00
\ \ 0)(\ \
\ 0 \ 0 \ \,J \ 0 \
\>~ \ 0 \ IV -'I \
o \ ><"".l( 0 \ 0
\ 0 \ ~ \ \
\ \ 0 \ \ \
\> 0 \ \ 0 \ 0
\\ 0' \ \
\ 0' \
\, \ \ 0
\\ 0 \ 0 \
\ 0 \ \
~ 0 0 \ P .Q
\ ,,/
\.
\.
\.
o
.Q
..t-.
~ Ie. ....-_
· It . It. c h, ")..,,, 10hf1'_,._
~.. ....... ........Cllt
SR304 i ~
DOWNTOWN BREMERTON PEDESTRIAN/I' CH6
BTe ACCESS IMPROVEMENTS
x
Xx
SfA:"( "D. A1Q 1"fIO..t. hO.
10 ~.
""'-
ii~:s.-o~
BY ..,.,.0'
LOCHNeR
t
I
>> . . .
1;;;;;;- ---1
........IID
CONSTRUCTION t:i.Qli;.s
o :':n:{W-~-(lO)
<:D ;:'''~l """" CllfTIlIl.OIl
CD "I'( fiU ~ {V-lO.lo-oo)
@ 11WT<:.... (ll-'UlHIl!
<1> .. - 'JO: (O-lO.lo-<1l)
(j) PUlI1I: ".. ~ 10..\ 10-00)
o "-AS~CtIJ1;.S1MJl.Ill[~t1.IO'<<l}
SR 304
BREMERTON TRANSIT CENTER
GM-1463
EXHrBIT B
Maintenance Standards
Tunnel Camera System
· Per manufacturer's recommendations.
· Operational test yearly.
· Clean lenses yearly or as needed.
Tunnel Communication System
· Per manufacturer's recommendations.
· Operational test yearly.
Tunnel Drainage and Sump Pump Systems
· Inspect 2 times per year including the sump and clean as needed.
· Maintain the pump system per the manufacturer's recommendations. Repair as
soon as possible.
Tunnel Emergency Power Generator System
· Per manufacturer's recommendations including regular exercises under load.
· Operational test of entire system yearly.
Tunnel Fire Suppression and Alarm Systems
· Per manufacturer's recommendations.
· Operational test yearly.
Tunnel Gates
· Per manufacturer's recommendations. Repair as soon as possible.
Tunnel Illumination
· Per manufacturer's recommendations.
· Wash 2 times a year.
· Replace lamps every 4 years
· Repair spot outages as required to maintain minimum lighting levels (7 Y2 to 10%
outage will trigger).
Tunnel Sweeping and Garbage Pickup
· Quarterly
· As soon as possible for spills that impact operations or safety.
· Within 48 hours of discovery or notification of a significant litter problem.
GM-1463
EXHIBIT I3
Page 1 of 2
Tunnel Traftic Control System
· Per l11anuf~lcturer's recommendations. Repair as soon as possible.
Tunnel Ventilation System
· Per manufacturer's recommendations. Repair as soon as possible.
Tunnel Wall Cleaning and Graffiti Removal
· 'vVash walls 1 time a year.
· Remove graffiti within 5 working days of discovery or notification.
Landscaping
· Per CITY Standards except that vegetation shall not be allowed to encroach
beyond curb line or reduce sight distance below WSDOT (STATE) standards.
Surface Street Decorative Pavement
· Apply herbicide yearly.
· Repair broken and uneven decorative pavement that becomes a safety issue as
soon as possible. The STATE will repair decorative pavement that becomes a
safety issue with an HMA patch at CITY expense ifnot resolved by the CITY.
GM-1463
EXHIBIT B
Page 2 01'2
Bremerton Tunnel Maintenance Cost Estimates
Revised 9/09/2008
Maintenance
Maintenance by City at
by City at City State
Item Preservation Expense Expense State Total
/1. Tunnel Camera System State
A Annual Preventative Maintenance - (64 hrs.) $8,000.00
lB. Repairs - one as needed basis - (10 hrs.) $1,200.00
$9,200.00 $9,200.00
2. Tunnel Communications System City
A. Phone Call Boxes
1. Preventative Maintenance - (10 hrs.\ $750.00
2. Repairs - (10 hrs) $750.00
B. Public Address Svstem
1. Preventative Maintenance - (10 hrs.l $750.00
2. Reoairs - (10 hrs.) $750.00
I
$3,000.00 $3,000.00
13. Tunnel Drainaae and Sump Pump Systems City
A. Inspect 2 times per vear and clean as needed -120 hrs.\ $1,360.00
B. Maintain Dumns as needed $2,000.00
$3,360.00 $3,360.00
4. Tunnel Emergencv Power Generator System State
A Preventative Maintenance - (20 hrs.) $1,700.00
B. Repairs $1,000.00
I
$2,700.00 $2,700.00
5. Tunnel Fire Suppression & Alarm Electrical Systems State
A Preventative Maintenance $1,000.00
lB. Reoairs $1,000.00
$2,000.00 $2,000.00
6. Tunnel Fire Suppression & Alarm Mechanical Systems City
IA. Preventative Maintenance $1,000.00
I B. Repairs $1,000.00
Ic. Fire One Alarm Monitorina Contract $600.00
$2,600.00 $2,600.00
Page 1 of 4
Bremerton Tunnel Maintenance Cost Estimates
Revised 9/09/2008
Maintenance
Maintenance by City at
by City at City State
Item Preservation Expense EXDense State Total
17. Tunnel Gate System State
A. Preventative Maintenance - $ 2,200.00 (40 hrs.l $2.200.00
B. Repairs - $ 5,000.00 (80 hrs.l $5,000.00
$7,200.00 $7,200.00
la. Tunnellllumination State
A. Relamp - conducted on a four year cycle - annual cost 160 hrs.l $2,467.50
B. Spot relamp - burnout repair (71/2 % - 10 % outage will trigger this function) (10
hrs.) $1,800.00
$4,267.50 $4,267.50
9. Tunnel SweepinQ and Garbage Pickup N/A
I Quarterly or at request when a problem for operations. $1,00000 $1,000.00
10. Tunnel Traffic Control System State
This system is made up of the traffic loops and lane use signs within the tunnel.
A. Preventative Maintenance - (32 hrs.) $4,340.00
B. Repairs $1 500.00
$5,840.00 $5,840.00
11. Tunnel Ventilation System State
A. Preventative Maintenance - (48 hrs.l $6,760.00
lB. Repairs $2,920.00
$9,680.00 $9,680.00
112. Tunnel Wall CleaninQ and Graffiti Removal N/A
IA. Annual cleanino - (60 hrs.l $4,000.00
B. Graffiti Removal - conduct work as needed - annual cost (50 hrs.l $3,000.00
$7,000.00 $7,000.00
Page 2 of 4
Bremerton Tunnel Maintenance Cost Estimates Revised 9/09/2008
Maintenance
Maintenance by City at
by City at City State
Item Preservation Exnense Exnense State Total
13. Tunnel Utilitv- Costs
A. Electrical $11,200.00
B. Phone $1,000.00
c. Water $1,200.00
D. Generator Fuel $600.00
$14,000.00 $14,000.00
Total $71,847.50
Analysis:
Tunnel Maintenance at City Expense
Total City Costs
$16,960.00 29%
$16,960.00 24%
$40,887.50 71%
$14,000.00 100%
$54,887.50 76%
Tunnel Maintenance by City at State Expense
Tunnel Utilities at State Expense
Total State Costs
Page 3 of 4
Bremerton Tunnel Maintenance Cost Estimates
Revised 9/09/2008
Non-tunnel Maintenance and Preservation:
Maintenance
by City at City
Item Preservation Expense
11. Landscape City City
IA. General Maintenance
I
2. Surface Street Decorative Pavement City City
IA Annual cleaninQ
I
3. Surface Street Illumination and Drainage City City
Notes:
1 - T unnellimits include retaining walls on each end of the tunnel
2 - These figures were calculated with a labor rate of $ 60.00 per hour that included
equipment cost and using estimated material cost per year.
Page 4 of 4
DATE SUBMITTED: September 19, 2008
BILL #
06- 2/3
AGENDA BILL
CITY OF BREMERTON
CITY COLNCIL
5L
..................................................................................m.....
SUBJECT: Amendment No. I to
Professional Services Agreement for Legal
Representation for Indigent Persons and
corresponding budget adjustment.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
09/24/2008
I % I /2008
City Attorney
Ken Bagwell
473-2345
SUMMARY: The professional services agreement between the City of Bremerton and Rovang and
Associates for legal representation of indigent persons provides that negotiations for compensation
may be reopened if caseload volume varies significantly from projections on a continuous basis.
Rovang and Associates requested negotiations for 2008 be reopened and the patiies have negotiated
an increase in compensation of$3,506.75 per month for the balance of2008. Amendment No.1 to
the Professional Services Agreement increases monthly compensation for September through
December 2008.
The Bremerton Municipal Court requests that the appropriate budget line item increase to reflect this
amount for the balance of the 2008 budget as well as the authority to expend the new amount.
ATTACHMENTS:
Amendment No. 1 to Professional Services Agreement for Legal Representation for Indigent Persons
FISCAL IMPACTS (Include Budgeted Amount): Increase contract amount for 2008 from
$116,783.00 to $130,810.00. 2008 Budget will require adjustment of$14,027.00. Funding source is
the General Fund ending fund balance.
APPROVALS:
DEPARTMENT DIRECTOR: ~_...
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGEN;A
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I. Move to approve Amendment No. I to the Professional Services Agreement between the City
of Bremerton and Rovang and Associates and authorize the Mayor to finalize and execute the
amendment with substantially the same terms and conditions as presented.
2. Move to authorize a budget adjustment in the amount of$14,027.00 to the Bremerton
Municipal COUli budget and further to authorize the expenditure of these funds in 2008.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
CONTRACT MODIFICATION AGREEMENT NO.1
BETWEEN THE CITY OF BREMERTON AND ROV ANG AND ASSOCIATES
This contract modification agreement specifically amends the Professional Services
Agreement (the" Agreement") entered into between the City of Bremerton and Rovang and
Associates ("Contractor") on November 17,2005.
All provisions in the Agreement shall remain in full force and effect except as expressly modified
by this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
I.
Section III. Compensation is hereby amended to increase the monthly compensation for September
through December 2008 from $9,731.92 to $13,238.67. Compensation for 2009, will be negotiated
pursuant to the terms of the Agreement.
II.
Contractor accepts all requirements of this Contract Modification by endorsing below.
Contractor further agrees that this Contract Modification constitutes full and final settlement
of all of the Contractor's claims for contract time and for all costs of any kind either covered
or affected by this Contract Modification
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year written below.
ROV ANG AND ASSOCIATES
CITY OF BREMERTON
By
Its
By
Its
Cary Bozeman
Mayor
DATE:
DATE:
APPROVED AS TO FORM:
ATTEST:
Bremerton City Attorney
City Clerk
R:ILcgallLcgallContractslMlInicipal COllrtlRovang - I'SA Amd I.doc
CONTRACT MODIFICATION NO.1
Rovang and Associates
DA TE SUBMITTED: September] 7,2008
BILL #
08-2/4
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
loA
........................................................................................
SUBJECT: Bremerton Ferry Tunnel - City
Participating Agreement
Committee Meeting Date: September 24, 2008
COUNCIL MEETING Date: OctoDer 1,2008
Department: PW&U
Presenter: Phil Williams
Phone: 473-5315
SUMMARY: The Washington State Department of Transportation (WSDOT) is constructing the
Bremerton Ferry Tunnel Project which will include work benefiting the City. The work includes
tunnel form liners, brick pavers and irrigation for hanging baskets. The agreement identifies the work
to be performed by WSDOT and reimbursed by the City.
ATTACHMENTS: 1. The Council Summary, 2. City Participating Agreement
FISCAL IMPACTS (Include Budgeted Amount): The estimated cost of $186,300 will be
reimbursed to WSDOT in 2009. Funding will be included in the following 2009 budgets: $85,650 in
the Arterial Street Fund, $40,650 in the Harborside Memorial Plaza & Commons Fund, and $60,000
in the General Fund.
APPROV ALS:
DEP ARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
/1/
c((/
CONSENT AGENDA 0
GENERAL BUSINESS ~
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the City
Participating Agreement for certain work performed by the Washington State Department of
Transportation for the City on the Bremerton Ferry Tunnel Project with substantially the same terms
and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
Bremerton Ferry Tunnel Project
City Participating Agreement
A2reement Summary
The Washington State Department of Transportation (WSDOT or the State) is
constructing the SR 304 Bremerton Ferry Tunnel Project (the Project) which will include
work which will benefit the City. The work includes form liners for the tunnel and
approach walls, brick pavers and irrigation for hanging baskets. Under the terms of the
agreement the City will reimburse the State for the work performed at he City's request.
The form liners are being installed in the tunnel and approach walls. The tunnel walls
depict various forms of trees and the approach walls depict a basaltic rock face. The City
would pay $45,000 of the $100,500 cost ofthe form liners.
Brick pavers will be included as part of the streetscape on Pacific Avenue. Brick pavers
will be installed in the crosswalks and in the landscape strip adjacent to the curbs. These
brick pavers will match the brick pavers currently installed on Pacific Avenue between
6th and 5th Streets and will match the design for the Pacific A venue corridor improvement
plan. The City would pay the additional cost to install the brick pavers instead of the
concrete pavers included in the original Project contract plans.
Irrigation will be installed for 76 hanging baskets on 38 street lights within the Project
limits. The irrigation system will eliminate the need to hand water the hanging baskets.
The City would pay the additional cost to incorporate the irrigation for the hanging
baskets into the Project's landscaping irrigation system.
Fiscal Summary
Under this agreement the City will be responsible to reimburse the State an estimated
$186,300. $85,650 would be budgeted in the 2009 Arterial Street Fund for the tunnel
form liners and one half ofthe cost ofthe brick pavers. $40,650 would be budgeted in
the Harborside Memorial Plaza & Commons Fund for one half of the cost of the brick
pavers. $60,000 would be budgeted in the General Fund for the hanging basket irrigation
system.
Pacific Ave Streetscape Pavers
~
00
~
Il"'"
I
o
@2)
Il"'"
o
~
Tunnel "Basaltic Rock"
Form Liners
. .
,~~~.': -"