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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. 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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 ~ . 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""'- 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 . . ,~~~.': -"