HomeMy WebLinkAbout05/06/2009 AGENDA
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 0 Phone (360) 473-5280
MAY 6, 2009
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 (#AB09-088)
B. Correction to Check Register & Meeting Minutes for April 1, 2009 (#AB09-089)
C. Minutes of Meeting - April 15, 2009 (#AB09-090)
D. Minutes of Study Session - April 22, 2009 (#AB09-091)
E. Minutes of Work Session - April 29, 2009 (#AB09-092)
F. Reappointment of Jessica Kennedy to the Planning Commission (#AB09-093)
G. Service Contract (KC-124-09) between BKAT and Kitsap County for providing governmental
access television services to the County (#AB09-094)
H. Resolution No. 3086 approving the Sylvan Way Meadows Final Plat (#AB09-095)
I. Shelter Plus Care Program annual Contract Renewal with AGAPE Unlimited (#AB09-096)
J. Authorize Arts Commission to move forward with installation of public art along Pacific Avenue
and in Evergreen Rotary Park (#AB09-097)
K. Contract for purchase of sculpture titled "Despite the Rain" from CORIO-FREI of Vancouver, WA
to be installed on Pacific Avenue (#AB09-098)
L. Contract for purchase of sculpture titled "Anima" from JAMIESON-RACE of Vancouver, British
Columbia to be installed on Pacific Avenue (#AB09-099)
M. Contract for purchase of three (3) sculptures titled "Constellations" from CJ RENCH of Hood
River, OR to be installed at Evergreen Rotary Park (#AB09-100)
N. Statewide Electronic Collision and Ticket On-Line Records (SECTOR) System Agreement
(#AB09-1 01)
O. Interlocal Cooperation Agreement to provide mutual aid and mobilization between Olympic
College and the City of Bremerton (#AB09-102)
Continued on back...
fI 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.
CONSENT AGENDA Continued...
P. Contract with TRIVAN TRUCK BODY, LLC for retrofit of a used ambulance for use by the Police
Department (#AB09-1 03)
a. Resolution No. 3085 authorizing the approval of a Sole Source Purchase through UNITED
RENTALS for the replacement of Traffic Advisory Equipment (#AB09-1 04)
R. Interlocal Agreement (KC-061-09) with Kitsap County for Reimbursable Work performed by
Kitsap County Public Works and/or for rental of County equipment (#AB09-105)
S. Contract Award to STRIDER CONSTRUCTION CO., INC. for former Chevron Property Clean-Up
Action; authorize the transfer of funds from the Wastewater Fund to the Boardwalk Fund; and
authorize the increase in the Boardwalk Fund Budget (#AB09-1 06)
T. Contract Change Order No. 1 for the Southwest Bremerton Residential Sewer Extension Force
Main Project; authorize Mayor to approve a second Change Order up to $250,000; and increase
2009 budget for this project to $3,960,000 (#AB09-107)
U. Professional Services Agreement with HDR ENGINEERING, INC. for the design and construction
management of the Ultraviolet Treatment Facility; and 2009 Budget Adjustment to recognize
additional revenue from the American Recovery and Reinvestment Act (ARRA) to reimburse the
City's costs for the project (#AB09-108)
6. GENERAL BUSINESS
A. Resolution No. 3087 authorizing an Interfund Loan from the Equipment Rental Reserve (ERR)
Fund to the General, Street, and Gold Mountain Golf Course Funds for cash flow purposes
(#AB09-109)
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING.
rlAmeriCans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
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Mayar Cary Bozeman
PROCLAMATION
WHEREAS, water is our most valuable natural resource; and
WHEREAS, only tap water delivers public health protection, fire
protection, support for our economy and the quality of life we enjoy; and
WHEREAS, any measure of a successful society -low mortality rates,
economic growth and diversity, productivity, and public safety - are in
some way related to access to safe water; and
WHEREAS, we are all stewards of the water infrastructure upon which
future generations depend; and
WHEREAS, each citizen of our community is called upon to help protect
our source waters from pollution, to practice water conservation, and to get
involved in local water issues;
NOW, THEREFORE, be it resolved that by virtue of the authority vested in
me as Mayor of the City of Bremerton, I do hereby proclaim May 3 - 9, 2009
as Drinking Water Week and urge all citizens to recognize the value,
importance, and fragility of this finite resource.
SIGNED, this 6th day of May, 2009.
~
Cary Bozeman, Mayor
~ _",___,__,~_"~"_,,,___.,,,"~ ___M'__~__~"O<~"'_' "."'_"_
. -. . - -
PROCLAMATION
WHEREAS, the Navy League of the United States, Bremerton-Olympic Peninsula
Council, will honor the men and women of the sea services by the dedication of the Lone
Sailor Statue at the Port of Bremerton Marina on the Bremerton Harborside waterfront
on Saturday, May 23, 2009 at 2 PM; and
WHEREAS, the Bremerton-Olympic Peninsula Council of the Navy League has
been raising funds to bring the Lone Sailor Statue to Bremerton to express appreciation
to the men and women across the globe in the Navy, Marine Corps, Coast Guard and
U.S. Flag Merchant Marine; and
WHEREAS, the bronze statue is the creation of Stanley Bleifeld, the U.S. Navy
Memorial's official sculptor. Th~ statue, as placed on the marina breakwater, contains
two pieces; the Sailor, who stands 7 feet tall and weighs approximately 1,000 pounds,
and his sea bag and cleat weighing 700 pounds; and
WHEREAS, the Lone Sailor at Bremerton Harborside will be available for use by
all services, veterans' associations and civic groups for special events, ceremonies and
patriotic services; and
NOW, THEREFORE, I, Cary Bozeman, Mayor of the City of Bremerton do hereby
proclaim Saturday, May 23, 2009 as:
LONE SAILOR STATUE DAY
In the City of Bremerton and congratulate the Navy League, Bremerton-Olympic
Peninsula Council on the dedication in bringing this statue to Bremerton and thank
them for their recognition of our men and women in the sea services who serve our
nation nobly.
SIGNED this 6th day of May 2009.
~
Cary Bozeman, Mayor
COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMITIED: 5/6/2009
BILL #
O1-/Jff
SA
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
............................................................................................
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: May 6, 2009
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
Claims & Check Register
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
;;::;~~j ~ '?~-.tf
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
1) Check #'s 331197 through 331626 and EFT's 8706 through 8762 in the amount of$3, 105,691.05.
2) Regular Payroll for the pay period ending April 15, 2009 in the amount of$757,927.08.
3) Regular Payroll for the pay period ending April 30, 2009 in the amount of $756, 111.26.
4) Retiree Payroll for the pay period ending April 30, 2009 in the amount of$92,356.22.
COUNCIL ACTION: ~ Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED: April 27, 2009
BILL # ()~ - o8Cf
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
......................................................................................
SUBJECT: Correction to April I, 2009
Check Register and Council
Meeting Minutes
Committee Meeting Date: N/ A
COUNCIL MEETING Date: May 6, 2009
Department: City Council
Presenter: City Council
Phone: (360) 473-5280
SUMMARY: City Council approved claims at the City Council Meeting on April I, 2009. The
claim numbers that were approved at that time were incorrect. Council must now
amend the check register and meeting minutes by approving the correction of the
vendor claim numbers from 330678 - 330677 to 330678 - 330922.
ATTACHMENTS: April I, 2009 Check Register
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR: !'JIlt
CITY ATTORNEY: N/A
FINANCE DIRECTOR: !I/A
MAYOR: N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
AliA
&:::~/& ~?1 L~
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to approve the correction to the April I, 2009 Check Register and Council Meeting Minutes to
include Check Numbers 330678 to 330922, and approve the April I, 2009 Council Meeting Minutes
as amended.
COUNCIL ACTION: Lpprove
D Deny
D Table
D Continue D No Action
'---..>
CITY OF BREMERTON
CHECK REGISTER INCLUDING SYSTEM VOIDS
RUN DATE 3/19/09 - 4/1/09
I, the undersigned, do hereby certify under penalty of perjury that the materials
have been furnished, the services rendered or the labor performed as described
herein and that the claim is a just, due and unpaid obligation against the City of
Bremerton, and that I am authorized to authenticate and certify to said claim.
'II tjO?
ate .
The following checks are approved for payment:
<12.").,
Check Numbers: 330678-33G6W k (l.6rr-e~d
EFT Numbers: 8621-8661
GRAND TOTAL
TOTAL
$ 488,684.47
$ 1,992,785.02
$2,481,469.49
- ........ ~.~. .....
~~~~
APPROVED
If/! /;;9
DATE
4rfe~
.ATTE" . ~
'-I4j~i
DAt
DATE SUBMlTTED: BILL # ~-O~O
AGENDA BILL
CITY OF BREMERTON r G
CITY COUNCIL ::l
......................................................................D.................
SUBJECT: City Council Meeting Minutes
for meeting of
April IS( J.ooCf
Committee Meeting Date:
COlJNCIL MEETING Date:
Departm ent:
Presenter:
N/A
Ma!1 b, .2 009
City Council
Cecil McConnell
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held Itpril IS, J..oo~.
A TT ACHMENTS: Meeting Minutes for II fY'/ I IS: d.OO <f
FISC~~~tMp ACIS~ (ln~lude BudgetedAmount):N!A u_u ~ .
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~'J; 7':"--H~11
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOM1\1ENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 15, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
April 15, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell
presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Mike Shepherd was
absent. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council
Assistant Christine Grenier.
A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting
moved to the First Floor Meeting Chambers.
The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation
provided by Ethyl Mae Nelson, Associate in Ministry for the Evangelical Lutheran Church.
MAYOR'S REPORT - There was no Mayor's Report tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
Dianne Robinson introduced several students of the Bremerton High School Choir, mentioned
that she was pleased to participate as a chaperone on their recent tour in Italy, and thanked
Bremerton Choir Director Cassie Gillis for the opportunity.
Cassie Gillis added that they had a wonderful time and that 43 students participated in the music
tour. Bremerton High School students Rose Pat; Jordan Homidy; and Samuel Gibbons
expressed how much they-enjoyed the trip and the-opportunity to experience another culture. ..-
Wendy McPeters, Middle School Choir Director, emphasized that they were all impressed with the
amount of history they were exposed to while in Italy and were thrilled at the venues they were
able to perform in.
Roy Runyon announced that the Manette Bridge Replacement Project Open House will be held
on Tuesday, May 5 from 4:00 to 7:00 PM in the Meeting Chambers. For more information, please
contact Bill Elliott, WSDOT Project Engineer at (360) 570-6606 or elliotb@wsdot.wa.qov.
Adam Brockus stated that he would not be having a district meeting in April; and reminded the
public that a Mother's Day Event hosted by the Manette Business Association would be held on
Saturday, May 2 from 1 :00 to 4:00 PM.
Brad GehrinQ announced that in response to the recent abduction of two individuals along Pine
Road that there would be a Community Meeting to form neighborhood watch groups on Thursday,
May 7 beginning at 7:00 PM at the Sheridan Park Community Center located at the corner of Clare
and Lebo Boulevard. If people have any information to help police in this particular missing
persons case, please contact Sergeant Kevin Crane at (360) 473-5480 or for more information on
the community meeting, please contact Community Resource Specialist Andy Oakley at (360)
473-5231. '
President McConnell (on behalf of the Mayor) brought forward Parks & Recreation Director Wyn
Birkenthal to present a plaque to DOUQ Groneman in recognition of 11-years of service as a
Parks Commissioner, as well as being Chairman from 2001 to January 2008, and Vice-Chairman
in 2000. Mr. Groneman commended Parks staff for doing so much with limited resources and
also thanked the City for recognizing his years of service.
City Council Reg. Mtg. Minutes
Wednesday, April 15, 2009
Page 2 of 5
Marie Vila explained that she is involved the Leadership Kitsap class project involves classroom
gardens with educational programs including topics such as nutrition, gardening, and food
production at Armin Jahr Elementary School; and announced that there will be a Gran8 Opening
Event on May 6 at 11 :00 AM at Blueberry Park which will include a presentation on health and a
ceremonial planting in the garden.
John Thomas encouraged people to attend the Bremerton School Board Meeting tomorrow on
April 16 beginning at 5:30 PM on Marion Avenue to discuss budget saving ideas such as
combining 6 to12 graders on busses and rolling back high school hours to the same start time as
the middle school.
Vern Laprath commended the Bremerton Police Department for excellent behavior during an
arrest he recently observed; and thanked the Police for doing a really hard job.
CONSENT AGENDA
A. Check Numbers 330923 through 331196; and EFT-8662 through EFT-8705 in the amount of
$2,021,848.39; Regular Payroll payout in the amount of $21 ,935.48 and Regular Payroll in the
amount of $809,409.69 for the pay period ending March 31,2009 (#AB09-072)
B. Minutes of Meeting - April 1, 2009 (#AB09-073)
C. Minutes of Study Session - April 8, 2009 (#AB09-074)
D. Purchase of Trailer-Mounted Generator for Water Utility Emergency Power Needs (#ABOO-
075)
E. Resolution No. 3080 establishing May 20, 2009 as a hearing date to vacate roadways within
Bay ~i~~a~form_:rly known ~s_ vve~tpark) _(#AB09-0~6) _
F. Approval of 2009 KPS Rates & Underwriting Criteria (#AB09-077)
G. Office of Public Defense $15,000 Grant Acceptance (#AB09-078)
H. Professional Services Contract with ROVANG FONG & ASSOCIATES for Legal Representation for
Indigent Persons (#AB09-079)
I. Interlocal Agreement with Kitsap County for Court Security Services (#AB09-080)
J. Voluntary Separation Request for Fire Captain Jeff Childs (#AB09-081)
K. Resolution No. 3081 establishing an Identity Theft Prevention Program (#AB09-082)
L. Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police
Officers Guild (BPOG) (#AB09-083)
There were no questions or comments from the public. . .
05:55:53 M/S/C/U (Arends/Brockus) Move to approve the CONSENT AGENDA as presented, and
Item 5L as amended.
GENERAL BUSINESS
6A - RESOLUTION NO. 3082 ACCEPTING THE SYLVAN PRODUCTS, INC. ANNEXATION
REQUEST, AND AUTHORIZING SUBMITTAL OF A 75% PETITION FOR ANNEXATION (#AB09.
085): Lindsey Sehmel with Community Development, summarized that the resolution accepts the
Sylvan Products Inc. request for annexation; this annexation is proposed for territory located within
the SKIA UGA. The request represents 100% of the territory (which is more than the 10%
required) proposed for annexation. The resolution authorizes the preparation of 75% annexation
petition.
City Council Reg. Mtg. Minutes
Wednesday, April 15, 2009
Page 3 of 5
Brian SchoninQ asked if the annexation would be followed by a change in zoning; what benefits
would businesses receive if annexed; and what rights do minority businesses have if they choose
not to annex. Ms. Sehmel explained that the area has an industrial designation, and Andrea
Spencer, Department of Community Development Director, responded that whether the property
remains in Kitsap County or moves to Bremerton's jurisdiction, both have zoned this area as
industrial so there would be no change in zoning assuming that annexation proceeds. She
emphasized that property owners may petition to be annexed and property valuation is considered
during the process. President McConnell encouraged Mr. Schoning to meet with Ms. Spencer
following the meeting to discuss his concerns in more detail.
Rod Reid, President of ALPINE EVERGREEN Co. INC., urged Council to move forward.
Stan Palmer of PAIJE & PALMER PROPERTIES, LLC also encouraged the Council to proceed.
06:05:54 Motion made and discussion by Council continued...
Mr. GehrinQ encouraged people to contact Ms. Spencer for assistance if they have any questions
about the annexation process.
Mr. Runvon looked forward to working with the property owners to develop the properties.
06:08:15 M/S/C/U (Brockus/Runyon) MO)/e to pass Resolution No. 3082 accepting the request for
annexation; and authorizing the submittal of a 75% petition for annexation from Sylvan Products
Inc. for territory within the SKIA UGA.
6B - RESOLUTION NO. 3083 ACCEPTING THE PAIJE & PALMER PROPERTIES LLC AND
ALPINE EVERGREEN CO. INC. ANNEXATION REQUESTS, AND AUTIiORIZING SUBMITTAL-- _
OF A 75% PETITION FOR ANNEXATION (#AB09-086): Lindsev Sehmel with Community
Development, stated that the resolution accepts the PAIJE & PALMER PROPERTIES LLC and ALPINE
EVERGREEN CO. INC. requests for annexation; this annexation is proposed for territory located
within the SKIA UGA. The request represents 100% of the territory (which is more than the 10%
required) proposed for annexation. The resolution authorizes the preparation of 75% annexation
petition. She added that an additional parcel owned by Esslinger has requested to be included in
the annexation.
There were no questions or comments from the public. . .
06:08:21 Motion was made and discussion by Council continued...
Mr. Maupin was pleased to see the annexation move forward; and thanked Mr. Reid for the many
meetings he has attended to pursue annexation into the City.
06:10:14 M/S/C/U (Maupin/Arends) Move to pass Resolution No. 3083 accepting the request for
annexation and authorizing the submittal of a 75% petition for annexation from PAIJE & PALMER
PROPERTIES LLC and ALPINE EVERGREEN CO. INC. for territory within the SKIA UGA.
PUBLIC HEARING
7A- RECOVERY ACT 2009 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
(JAG) APPLICATION (#AB09-084): Police Chief CraiQ ROQers explained that the Bremerton
Police Department applied for a Recovery Act 2009 Edward Byrne Memorial Justice Assistance
Grant (JAG) that will allow the City of Bremerton to support a broad range of activities (including
staffing, training, and equipment purchases) that improve the functioning of the criminal justice
system and control crime based on our own local needs and conditions. The priority is to
preserve and sustain law enforcement personnel, or where feasible, increase existing staffing
City Council Reg. Mtg. Minutes
Wednesday, April 15, 2009
Page 4 of 5
levels. The grant is from the Department of Justice. No matching funds are required of the City.
The total grant amount is $245,469.00. The grant duration is through September 2013.
Chief ROQers clarified that this grant is different than other JAG Grants in that this grant is
considered a one time award.
President McConnell opened the public hearing. With no questions or comments from the
public, President McConnell then closed the public hearing.
06:12:15 Motion was made and discussion by Council continued...
Mr. Brockus asked if the grant would require the City to pay at the end of the grant's term. Chief
ROQers answered that no matching fees will be required.
Mr. Maupin commented that this is an essential opportunity to fill some of the funding losses the
City has recently experienced.
Mr. Runvon asked what the due date for the application would be. Chief ROQers answered that
the application would be due on May 18.
06:14:06 M/S/C/U (Runyon/Robinson) Move to approve the 2009 Justice Assistance Grant (JAG)
Application.
78 - RESOLUTION NO. 3084 ADOPTING THE 2010 CD8G I HOME POLICY PLAN (#AB09.
087): Marie Vila, Community Development Block Grant Program, emphasized that the
CDBG/HOME Policy Plan sets parameters for the City's management of its HUD entitlement,
including outlining the citizen participation plan, application and review processes, and eligibility
and implementations requirements for grant funded projects. The 2010 Policy Plan has been
updated to change the application frequency~for Public Service fLJi1ds~a-nd-the PlEin's ~
accompanying administrative documents have been updated for.dates and anticipated funding.
All comments provided to the department during public meetings regarding this program will be
provided to Council. Under the new policy the application process would allow for funding every
two years. How~ver, contracts would be arranged on annual basis. If the agency demonstrates
use of the funding, then the agency would be awarded the second year of funding in a contract.
President McConnell opened the public hearing. With no questions or comments from the
public, President McConnell then closed the public hearing.
06: 18:32 Motion was made and discussion by Council continued...
Mr. Runvon asked how decreases in funding would be addressed; and when the applications
would be accepted Ms. Vila responded that contingent allocations are figured out by the advisory
committee; and that the applications would be available after the business meeting and would be
due mid-July.
Mr. Wofford commented that Kitsap County accepts applications in even years while the City
would accept applications in odd years. Ms. Vila stated that this would allow agencies more
opportunities to seek funding and that the County has been operating on a two year cycle for some
time.
Ms. Robinson thought that the two-year plan since it benefits many community groups.
Mr. Maupin thought this was a good plan; and thanked Marie Vila and Phedra Elliott for improving
the CDBG process and their hard work in administering the program.
City Council Reg. Mtg. Minutes
Wednesday, April 15, 2009
Page 5 of 5
06:22:08 M/S/C/U (Robinson/Brockus) Move to pass Resolution No. 3084 adopting the 2010
CDBG/HOME Policy Plan.
COUNCIL MEMBER REPORTS
Nick Wofford thanked the volunteers working with the Parks Department; commented that
volunteering had help people gain valuable experience which may lead to employment; and
encouraged residents to buy local products and services.
Carol Arends also thanked the Parks Department for the good work they are doing; and
commented that there has been a lot of activity recently to improve Forest Ridge Park.
Dianne Robinson will be attending the Kitsap Health District - Child Death Review Conference on
April 30 and topics will include prescription medication and potential litigation.
Roy Runyon reported on the recent Kiwanis Park improvements and thanked Bev Luckey-Short
for coordinating the effort which involved the Parks & Recreation Department, Washington Youth
Academy and approximately 75 community volunteers.
Adam Brockus invited people to buy local, especially from businesses in Manette.
Brad GehrinCl was impressed with progress being made at Blueberry Park progress; and added
that flyers for the community meeting to be held on May 7 are located in the back of the
Chambers.
With no further business, President McConnell adjourned the Council Meeting at 6:28 PM.
Prepared-andS'ubmiHed by:
~
;; '1T'~ .M~
CHRISTINE GRENIER .
Council Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# 09.-- 09 /
DATE SUBMITTED:
5b
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of
N/A
IV 5 t, -J.o ~'t
City ouncil
Cecil McConnell
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held Apr,'/ .J.d/ .).00'.
Ifpy; I
J..J.., ;).. 0 <' ?
Committee Meeting Date:
COUNCIL MEETING Date:
Depm1ment:
Presenter:
ATTACHMENTS: Meeting Minutes for 11 fn"' )~ ).Od'
FISCAI...I.MPACT~ (IIlc,;lude ]~uclg~t~d Amount): N/ A
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~f;7';.~.(t/
CONSENT AGENDA 00
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, April 22, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton,
Washington, Wednesday, April 22, 2009, at 5:00 PM, with Council President Cecil McConnell
presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Assistant
Christine Grenier was present to provide staff support.
President McConnell announced that an Executive Session would be held prior to the Study
Session, which was closed to the public; but emphasized that the Study Session immediately
following the Executive Session was open to the public, however 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.
President McConnell then closed the meeting at 05:07 PM.
A. 20-MINUTE EXECUTIVE SESSION to discuss "Labor Negotiations" per RCW 42.30.140 (4)(b)-
Carol Conley, Human Resources Manager
President McConnell extended the meeting for an additional 20-minutes; and reconvened the
meeting for the Study Session at 5:47 PM.
B. NO DISCUSSION ITEMS
1. Reappointment of Jessica Kennedy to the Planning Commission - Mayor Bozeman Consent
2. Contract Change Order No. 1 for the Bremerton Southwest Residential Sewer Extension
Force Main Project- Mike Mecham; City Engineer; and Brad Gehring, Public Works
Committee Chair Consent
3. Interlocal Agreement with Kitsap County for Reimbursable Work by Kitsap County Public
Works - Pat Coxon, Wastewater Treatment Plant Manager; and Brad Gehring, Public Works
Committee Chair Consent
I
4. Retrofit a used ambulance for the Police Department - Jim Orton, Equipment Services Fleet
Manager; and Brad Gehring, Public Works Committee Chair Consent
5. Proposed Resolution authorizing the approval of a Sole Source Purchase through UNITED
RENTALS for the replacement of Traffic Advisory Equipment - Jim Orton, Equipment Services
Fleet Manager; and Brad Gehring, Public Works Committee Chair Consent
6. Statewide Electronic Collision and Ticket On-Line Records (SECTOR) System Agreement -
Police Chief Craig Rogers; and Will Maupin, Public Safety, Parks, & Planning Committee
Chair Consent
7. Interlocal Cooperation Agreement to provide mutual aid and mobilization between Olympic
College and City of Bremerton - Police Chief Craig Rogers; and Will Maupin, Public Safety,
Parks, & Planning Committee Chair Consent
8. Proposed Resolution approving the Sylvan Way Meadows Final Plat - Nicole Ward,
Community Development; and Will Maupin, Public Safety, Parks, & Planning Committee Chair
Consent
City Council Study Session Minutes
Wednesday, April 22, 2009
Page 2 of 3
9. Shelter Care Plus Program Contract Renewal with AGAPE Unlimited - Phedra Elliott,
Community Development Block Grant Program; and Will Maupin, Public Safety, Parks, &
Planning Committee Chair Consent
10. Service Contract between BKA T and Kitsap County for governmental access services -
Charleen Burnette, BKAT Manager; and Nick Wofford, Finance Committee Chair Consent
B. FULL DISCUSSION ITEMS
1. Briefing on Manette Bridge Replacement Project - Bill Elliott, WSDOT Project Engineer(No
Action)
2. Professional Services Agreement for the Design of an Ultraviolet Treatment Plant - Mike
Mecham, City Engineer; and Brad Gehring, Public Works Committee Chair Consent
3. Contract Award to STRIDER CONSTRUCTION CO., INC. for former Chevron Property Clean-Up
Action; authorize the transfer of funds from the Wastewater Fund to the Boardwalk Fund; and
authorize the increase in the Boardwalk Fund Budget - Mike Mecham, City Engineer; and
Brad Gehring, Public Works Committee Chair Consent
4. Authorize the Installation of public art along Pacific Avenue and in Evergreen Rotary Park -
Andrea Spencer, Community Development Director and John Ales, Arts Commission Chair;
and Will Maupin, Public Safety, Parks, & Planning Committee Chair Consent
5. Approval of Contract for the purchase of a sculpture from CORIO-FREI to be installed on Pacific
Avenue - Andrea Spencer, Community Development Director and John Ales, Arts
Commission Chair; and Will Maupin, Public Safety, Parks, & Planning Committ~e C~Clir
... Consent. ... ... ... ..,.. .. ..' .... .. -
6. Approval of Contract for the purchase of a sculpture from JAMIESON-RACE to be installed on
Pacific Avenue - Andrea Spencer, Community Development Director and John Ales, Arts
Commission Chair; and Will Maupin, Public Safety, Parks, & Planning Committee Chair
Consent
7. Approval of Contract for the purchase of three (3) sculptures from CJ RENCH to be installed at
Evergreen Rotary Park - Andrea Spencer, Community Development Director and John Ales,
Arts Commission Chair; and Will Maupin, Public Safety, Parks, & Planning Committee Chair
Consent
8. Proposed Resolution to authorize an Interfund Loan from the Equipment Rental Reserve Fund
to the General Fund, Street, and Gold Mountain Golf Course Funds for cash flow purposes -
Andy Parks, Financial Services Director and Cathy Johnson, Finance Officer; and Nick
Wofford, Finance Committee Chair General Business
C. GENERAL COUNCIL BUSINESS
1. Council Committee Chair Reports - No reports were provided.
2. Other General Council Business - No other issues were discussed.
President McConnell adjourned the Study Session at 7:36 PM.
City Council Study Session Minutes
Wednesday, April 22, 2009
Page 3 of 3
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
Prepared and Submitted by:
i~
i' , A
I, "," . I ~
1/" ,/yf.;<.., 4- )/-'1 (l-1 A --
CHRISTINE GRENIER
Council Assistant
~
Di\TE SUBMITTED:
BJLL if 0 Cj -- 0 CJd-.,
AGENDA BILL
CIT'Y' OF BREMER TON
CITY COUNCIL
se
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of
It pn' I J. CJ( ;). 00"
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
M a 'J b ,).0 () 1
City Council'
Cecil McConnell
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held flpn" cl9 I ;;)oc>'1
ATTACHMENTS: Meeting Minutes for /lpnl ~11 ).00 'I
FISc:AL IMPACTS (Include Budgeted .Amount): NI A_
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~1'1; /:''0,(11
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNC1L ACTlON: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL WORK SESSION MINUTES
Wednesday, April 29, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6111 Street,
Bremerton, Washington, Wednesday, April 29, 2009, at 5:00 PM, with Council President Cecil
McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol Arends,
Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Legislative
Assistant Lori Smith was present to provide staff support.
President McConnell announced that the Work Session was open to the public, however 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.
1. Loc31 Historic Preserv3tion Meg:m Duvall, Certified LOC31 Government Coordin3tor,
St3te Department of Archeology & Historic Preserv3tion Item was postponed...
2. Manette Sub-Area Plan Briefing - Andrea Spencer, Community Development Director
Notebooks with Manette Sub-Area Plan documents were provided to each of the
Council Members for further study; the Public Hearing has been scheduled for June 3,
2009.
3. Gold Mountain Golf Course Briefing - Andy Parks, Financial Services Director
To aid in the discussion of the Gold Mountain Golf Debt Refinancing/Lease Renewal, a
PowerPoint@ presentation was made; and for a model plan, copies of the Business Plan
for the Meadow Lakes Golf Course located in Prineville, Oregon (dated January 2006)
weredisfribl1fed.:. -
4. General Council Business and Committee Chair Reports
Several Council Members provided briefings on recent activities and meetings
attended.. .
President McConnell mentioned that a Council Retreat will be planned for June or July. With
no further business to discuss, he adjourned the Study Session at 6:50 PM.
P~~dbY
L RI SMITH '-"')
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED: April 13, 2009
BILL# ()q- 013
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
........................................................................................
SUBJECT: Reappointment to the Planning
Commission
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: Executive
Presenter: Mayor Bozeman
Phone: . 473.5266
SUMMARY: Jessica Kennedy's term on the Planning Commission expired in February, 2009. It is
recommended she be reappointed to another term ending December 31, 2012.
A TT ACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
Cy
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COMMITTEE CHAIR
COUNCIL PRESIDENT:
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RECOMMENDED MOTION:
PI Cc
. ttMvt;0.~) 'i"'Jov.; SSiDl1.
DATE SUBMITTED: 4/15/09 BILL # C i — V `i
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: BKAT Service Contract for
Kitsap County (KC- 124 -09)
Committee Meeting Date: 4/22/09
COUNCIL MEETING Date: 5/4/09
Department: Financial Services
Presenter: Charleen Burnette
Phone: 308 -0139
SUMMARY: The Contract is for BKAT to provide governmental access television services to the
County. These services include: digitally recording the County Commissioners Meetings, Kitsap
County Hearing Examiner, Kitsap Regional Coordinating Council meetings. BKAT will also
produce, edit and air monthly Commissioners Comer program and various KC Department programs
as outlined.
ATTACHMENTS: Bremerton Kitsap Access Television Service Contract Kitsap County
FISCAL IMPACTS (Include Budgeted Amount): The contract amount is $42,000.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
s�
CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve BKAT Service Contract for Kitsap County (KC-124-09).
BREMERTON KITSAP ACCESS TELEVISION
SERVICE CONTRACT
KITSAP COUNTY
KC-124-09
This agreement is made and executed by and between the City of Bremerton (hereinafter
referred to as the "City") who operates Bremerton Kitsap Access Television (hereinafter
referred to as "BKA T") and Kitsap County (hereinafter referred to as the "County") who
agree as follows:
Section 1. Scope of Services. The City, through Bremerton Kitsap Access
Television (hereinafter referred to as BKA 1) shall provide governmental access
television services including but not limited to video production and program
scheduling related to the County's commitment's as outlined in this Agreement
BKA T shall provide technical support, consultation; pre-production and post-production
services; property trained staff and volunteers induding videographer for field
assignments; proceeding/event DVD duplication and delivery no later than the 2nd
business day following completion of project to program sponsor; and coordination of
programming hours and studio time. BKArs specified numbers of service commitments
covered by this agreement are herein established:
KltsaD County Service Commitments
Number per
Y!!!:
DescriDtion
Kitsap County
Commission
Meetings
Kitsap County
Hearing
Examiner
Kitsap County
Commission
Special
Meetings
Kitsap Regional
Coordinating
Council
Commissioners
Comer
Kitsap County
Department
Programs
Location
County
Administration
Building
County /
Administration
Building
Special
Meetings /
Public Hearings
Outside of
Nonnal
Chambers
Norm Dicks
Government
Center
Various
Various
Locations
throughout the
County
Schedule
Second &
Fourth Monday
of each month
(7pm)
"
Second &
Fourth
Thursdays
(9am -4 pm)
24
24
Estimated
TIme oer
Event
4 hours
6-8 hours
8 hours
4 hours
10 hours total
each program;
shoot edit
100 hours total
per program;
shoot and edit
As requested
open
1st Tues ea
month (Copy
given to KRCC)
1 per month,
rotating
between
Commissioners
11
12
As requested
2
The County shall retain control over program content and designate one person to
authorize and schedule programs produced under this agreement. BKA T shall provide
production and playback of regular1y scheduled Board of County Commissioners,
Commissioners Comer and Hearing Examiner meetings. Production requests by the
County over and above those covered by this service contract will be taken on a per
production basis. Fees for these services are separate from this agreement. BKA T will
provide a worksheet of fees (attachment B) and will work with the County on production
schedule and timeline for completion. The County shall have total control over content of
special productions.
BKA T will work with the County to establish regular, consistent playback times for
programs produced under this agreement. Once scheduled, program times shall not be
moved, altered or deleted without consent of the City. BKA T will make copies of any
County Commissioner Meeting or Hearing Examiner Meeting as requested through the
Public Disclosure Act. BKA T will inform the County when copies are requested from the
publiC outside of the Public Disclosure Act.
Section 2. Payment Obliaations. In consideration for the services rendered from
January 2009 through the date of execution of the Agreement and further consideration
for the future services to be provided pursuant to this Agreement the Parties agree to
compensation as follows:
The County shall pay the City on a quarter1y basis, % the current annual amount as
specified herein. Services rendered beyond the scope of this Agreement, as set forth in
Section 1, shall be billed in addition to the annual amount at the rates established by
BKAT.
The annual payment for services provided will be $42,000.00 for 2009. The City will
submit quarter1y invoices in March, June, September and December to the County. The
billings for the first year will be as follows; $10,500.00 each quarter. Each year thereafter,
on January 1, the annual amount will be recalculated based upon a 2.0% annual
increase. The City will use the recalculated annual amount divided by four to prepare
quarter1y billings to the County beginning with the March billing each year. It is the
responsibility of the County to ensure payments are completed in a timely manner.
Section 3. Term. This Service Agreement shall be for a period of three years
commencing January 1, 2009 and terminating December 31, 2011.
Section 4. Termination. Either party to this Service Agreement may terminate the
agreement without cause upon giving one hundred twenty (120) days written notice to the
other party.
Section 5. Severabilitv. In the event any provision in this Agreement is deemed
unconstitutional, illegal, or void as a matter of law, the parties agree that all of the
provisions of this Agreement that are not affected by such occurrence shall constitute a
full and complete Agreement between the parties.
Section 6. Indemnify and Hold Harmless. The County and City shall each indemnify,
defend, and hold the other harmless from and against any and all daims, suits, actions,
causes of action, losses, damage, or liabilities arising or resulting from any alleged
negligent or intentional acts or omissions arising out of the performance or non
performance of their respective responsibilities as set out in this agreement.
Section 7. Notices. All notices and other communications to be given by either party
may be given in writing addressed to the appropriate party as follows:
Director of Financial Services
City of Bremerton .
345 6th Street, Suite 600
Bremerton, Washington 98337
Director, Department of Administrative Services
Kitsap County
614 Division Street MS~7
Port Orchard, Washington 98366
Dated this _ day of
,2009.
Dated this ______ day of
,2009.
CITY OF BREMERTON
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY WASHINGTON
CARY BOZEMAN, Mayor
Char10tte Garrido, Chair
APPROVED AS TO FORM:
Josh Brown, Commissioner
Roger A. Lubovich, City Attorney
Steve Bauer, Commissioner
ATTEST;
Opal Robertson, Clerk of the Board
G:\DAS\DATA\Wordfiles\Contracts\DAS\Bremerton SKAT Service Contract - KC-124-09.doc
SKAT GOVERNMENT RATE CARD 2009
Pre-production Equipment Consultation $100.00 . Per hr.
Program Development $100.00 Per hr.
Research $100.00 Per hr.
Location $100.00 Per hr.
Scripting $100.00 Perhr.
Graphics Development $100.00 Per hr.
Equipment Transport Remote Van: transport to/from site $45.00 Per hr.
Studio Suitcase: transport tolfrom site $45.00 Per hr.
Production* Crew Set-up $100.00 Per hr.
Crew Production $100.00 Per hr.
Crew Breakdown $100.00 Per hr.
* minimum of 2 hours for any productions
Post Production Editing $100.00 Per hr.
Voice Over $100.00 Perhr.
Audio Sweetenina $100.00 Per hr.
Miscellaneous Training $100.00 Per hr.
Equipment Installation $100.00 Per hr.
Equipment Troubleshooting and Repair $100.00 Per hr.
Tape Duplication (max. 120 minutes) $35.00 Each
** No charge for program Masters
DATE SUI3f'vIITTED: April 15 ,2009
BILL"# ___Otj_~~Q_~,~_
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5H
........................................................................................
At ., 8
-, t' 'B' J E C'I' I) I' IV o. ~! 0 16
S i '., : ,eso utlon approV1I1g t 1e
Sylvan Way Meadows Final Plat.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6,2009
Department: OCD
Presenter: Nicole Ward
Phone: 473-5279
SUMMARY: The action before City Council is to approve the Sylvan Way Meadows Final Plat.
Preliminary Plat approval was granted by the Administrative Hearings Examiner in July of 2006 for
the subdi vision of 11.21 acres into 44 separate building lots, associated open space tracts, and
associated Right of Way. The applicant has met all of the conditions ofthe Preliminary Plat approval
and therefore the City Engineer and Community Development Director recommend Final Plat
approval.
ATTACHMENTS:
(I) Proposed Resolution granting Final Plat approval
(2) Schematic Maps of Plat
Reso/i4--n'fJ'r... iUt', 308(;,
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
C ITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
.~, ", .....,
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~L~II
CONSENT AGENDA i:3l
GENERAL BUSINESS 0
PUBLIC HEARING O~
RECOMIVIENDED MOTION:
Move to pass Resolution No.lI13L. approving the Final Plat called Sylvan Way Meadows and
authorizing the City Council President to sign the mylar.
COC;\iCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No AClion
RESOLUTION NO. 308~
A RESOLUTION of the City Council of the City of Bremerton,
Washington, approving the Sylvan Way Meadows Final Plat (File No.
BP09-00009).
WHEREAS, On July 14, 2006 the Administrative Hearings Examiner granted Preliminary
Plat approval after holding an open record public hearing to divide 11.21 acres into 44 lots with associated
tracts, and right of way, and
WHEREAS, all applicable conditions set forth in the Preliminary Plat approval have been
met and Final Plat approval is requested;
WHEREAS, the City Engineer and DCD Director recommend approval of the Sylvan Way
Meadows Plat, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Sylvan Way Meadows Final Plat as represented by the schematic
drawing in Exhibit A is hereby approved.
SECTION 2. The City Council President is hereby authorized to sign the Mylar.
SECTION 3. Severability. If anyone or more sections, subsections, or sentence of this
Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the
remaining portion of this Resolution and the same shall remain in full force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this _ day of
,2009.
Cecil McConnell, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\ResoJutiol1s\Community Development\Sylvan Way Meadows Final Plat.doc
1
Sylvan Way Meadows Final Plat
Agenda Bill
Attachment II
Sylvan Way Meadows
44 Unit Subdivision on 11.21Acres
Zoning: Low Density Residential
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Attachment II
Plat Map
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DATE SUBMITTED:
BILL # oC] - Oq 0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
S~
........................................................................................
SUBJECT: Shelter Plus Care Program
Annual renewal contract with Agape
Unlimited, Project Sponsor
Committee Meeting Date: 4/22/2009
COUNCIL MEETING Date: 5/6/2009
Department: DCD - HUD Programs
Presenter: Phedra Elliott
Phone: 473-5211
SUMMARY: Since 1996, the City of Bremerton has acted as a pass-through agent for the Shelter Plus
Care program administered locally by Agape Unlimited. Funded by the McKinney-Vento Act and
administered by the Department of Housing and Urban Development, Shelter Plus Care funds provide
rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or
both. Participants receive assistance and counseling until they reach self sufficiency, which averages about
two years.
The City's contract with Agape is renewed annually, as is the City's Shelter + Care contract with
HUD. The City and Agape have received "renewal" status with HUD; therefore the annual application
submitted is not awarded on a competitive basis but rather renewed provided performance criteria
A TT ACHMENTS: Contract between the City of Bremerton and Agape Unlimited
FISCAL IMPACTS, (Include Budgeted Amount): Pass-thru funding of $172,920.00 from the
Department of Housing and Urban Development to Agape Unlimited, Project Sponsor.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
/>---)
COMMITTEE CHAIR
COUNCIL PRESIDENT:
;)::!J~r?;:~i!
CONSENT AGENDA ~
9ENERAL BUSINESS 0
PUBLIC HEARING
RECOMMENDED MOTION:
Move to approve the 2009 Service Agreement between the City of Bremerton and Agape Unlimited
and authorize the Mayor to finalize and execute the contract in substantially the same form.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
AGENCY SERVICE AGREEMENT
Shelter Plus Care Grant
AN AGREEMENT, by and between the City of Bremerton hereinafter referred
to as "City" and Agape, hereinafter referred to as "Agency" by which the Agency agrees
to carry out specific activities under the City of Bremerton's Shelter Plus Care Grant
Program and establishing certain other terms and conditions of operation.
IT IS MUTUALLY AGREED AS FOLLOWS:
ARTICLE I. PROJECT
1. SCOPE OF SERVICES
The City, as recipient of a Shelter Plus Care Grant from the United. States
Department of Housing and Urban Development (RUD), hereby designates the Agency
to undertake, and the Agency hereby agrees to undertake the activities specifically
described in the applications and management procedures/plan and summarized below:
Agency will provide affordable housing and a full range of services to homeless
individuals who have chronic alcohol and drug problems. The continuum of housing
linked to appropriate social services is designed to promote self-sufficiency and clean and
sober living by providing gradually increasing levels of responsibility and independence
based on personal progress in meeting recovery goals. Project based assistance will be
provided with in accordance with grant number W A0098COT010801, to the City, to be
renewed on July 1,2009 and executed on May 7,2009. Tenant Based Assistance will be
provided in accordance with grant number W A0100COT010801, to the City, renewed
February 1, 2009, executed on May 7, 2009. The corresponding Sponsor Based
application will be provided in accordance with grant number W A0099COTO 1 080 I to the
City, renewed on February 1,2009 and executed on May 7, 2009.
The Management ProceduresIPlan (Attachment 1) outlines the management of the three
programs.
2. TERM OF AGREEMENT
The term of this Agreement is April 1, 2009 through January 31, 2010,
determined by the specific grant, but may be extended pursuant to an amendment to this
Agreement as authorized in Article IV.8, or should additional time for auditing this
project be required, in accordance with law, this Agreement shall be deemed
automatically extended until such time as the said audit shall be completed. In any event,
the term of this Agreement shall cover the period that the Agency has control over
Shelter Plus Care funds.
3. PROGRAM REPORTING
. (','
The Agency shall submit such reports as required by the City to meet its local
oqligations and its obligation to the Department of Housing and Urban Development.
" The City will prescribe the report format, as well as the time and location for submission
of such reports. Required reports include but are not limited to the following:
(A) Semi-Annual Performance Reports which shall include all information required
by HUD in the final Annual Performance Report.
...
(B) Annual Housing Quality inspectioris and rent reasonableness studies.
ARTICLE II. FINANCIAL CONDITIONS
1. BUDGET AND COMPENSATION
The City shall reimburse the Agency its allowable costs for the services identified
in this Agreement not to exceed $ 33,720.00 (Thirty three thousand seven hundred
twenty dollars) under project based assistance contract W A0098COTO 1 080 1, $95,820.00
(Ninety five thousand eight hundred twenty dollars) under sponsor based assistance
contract W A0099COT010801 and $43,380.00 (Forty three thousand three hundred
eighty dollars) under tenant based contract W AOlOOCOT010801 upon presentation of
properly executed monthly invoices in a form approved by the City.
Such reimbursement shall constitute full and complete payment by the City under
this Agreement. Allowable costs shall mean those necessary and proper costs identified
in the Agency's application and approved by the City unless any or all such costs are
disallowed by the State of Washington or the United States.
2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING
All costs shall be supported by documentation, as evidence of the nature and
propriety of the charges. All accounting documents pertaining in whole or in part to this
. Agreement shall be clearly identified and readily accessible, and upon reasonable notice,
the City and United States shall have the right to audit the records of the Agency as they
relate to the work. The Agency shall also:
(A) Maintain an effective system of internal fiscal control and accountability for all
. Shelter Plus Care funds, and make sure the same are used solely for authorized
purposes.
(B) Keep a continuing record of all disbursements by date; check number, amount,
vendor, description of items purchased and line item from which money was
expended, as reflected in the Agency's accounting records.
(C) Maintain financial records for a period of five (5) years after receipt of final
monitoring letter from the City provided that the Annual State audit (which
includes the Shelter Plus Care Program) has been completed.
(D) Permit inspection and audit of its records with respect to all matters authorized by
this Agreement by representatives of the City the State. Auditor or the United
States at any time during normal business hours and as often as necessary.
(E) Inform the City concerning any funds allocated to the Agency that the Agency
anticipates will not be expended during the Agreement period, and permit
reassignment of the same by the City to other agencies.
(F) Repay to the City any funds in its possession at the time of termination of this
Agreement that may be due to the City or the United States.
3. REIMBURSEMENT
The City shall reimburse the Agency only for actual incurred costs upon
presentation of a properly executed invoice in a form approved by the City. Only those
allowable costs directly related to the Agency's application, shall be paid consistent with
Article II .paragraph 2.
In the event the City or United States determines any funds were expended by the
Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed
costs in any other way, the City or United States may order repayment of the same. The
Agency shall remit the disallowed amount to the City within thirty (30) days of written
notification of the disallowance.
(A) The Agency agrees that funds determined by the City t6 be surplus upon
completion of the Agreement will be subject to cancellation by the City.
(B) The Agency agrees that upon expiration of this Agreement, the Agency shall
transfer to the City any Shelter Plus Care funds on hand at the time of expiration
and any account receivable attributable to the use of Shelter Plus Care funds.
(C) The City shall be relieved of any obligation for payments if funds allocated to the
City cease to be available for any cause other than misfeasance of the City itself.
(D) The City reserves the right to withhold payments pending timely delivery of
program reports or documents as may be required under this Agreement.
ARTICLE III. FEDERAL CONDITIONS
1. UNIFORM ADMINISTRATIVE REQUIREMENTS
Agency shall comply with regulations set forth in 24 CFR part 582.
2. CONFLICT OF INTEREST
In addition to the conflict of interest requirements in 24 CFR part 85, no person
who is an employee, agent, consultant, officer, or elected official or appointed official of
the Agency, who exercises any function or responsibilities with respect to the program or
who are in a position to participate in a decision making process or gain inside
information with regard to such activities, may obtain a financial interest or benefit from
the activity, or have a financial interest in any contract, subcontract, or agreement with
respect to the proceeds of the shelter plus care assisted activity either for themselves or
those with whom they have business or immediate family ties, during their tenure or for
one year thereafter. Participation by homeless individuals who also are participants
under the program in policy or decision making under 24 CFR part 582.300 does not
constitute a conflict of interest.
3.
DISPLACEMENT,
ACQUISITION
RELOCATION,
AND
REAL
PROPERTY
The Agency shall comply with the requirements relating to displacement,
relocation, acquisition and replacement of housing (24 CFR part 582.335). Displacement
of persons (families, individuals, businesses, non-profit organizations and farms) as a
result of activities assisted with Shelter Plus Care funds is generally discouraged and in
all instances must receive prior written approval from the City.
4. LEAD BASED PAINT
Agency shall comply with HUD Regulations on Lead Based Paint hazards in
federally owned housing and housing receiving Federal assistance. (24 CFR Part 35)
5. DISCRIMINATION PROHIBITED
Under the activities, funded in whole or in part by Shelter Plus Care, Agency shall
comply with 24 CFR part 582.330.
ARTICLE IV: GENERAL CONDITIONS
1. COMPLIANCE WITH LAWS
The Agency, in performance of this Agreement, agrees to comply with all
applicable Federal, State and Local Laws and ordinances, and the rules and regulations
promulgated by the U.S. Department of Housing and Urban Development, including but
not limited to Shelter Plus Care Regulations and other policies and guidelines established
for the Shelter Plus Care Program regardless if the law is specifically stated in this
Agreement.
2. LICENSING AND PROGRAM STANDARDS
The Agency agrees to comply with and to obtain at its own expense, if necessary,
all applicable Federal, State, County or Municipal standards for licensing, certification
and operation of facilities and programs, and accreditation and licensing of individuals,
and any other standards or criteria as described in the Contract to assure quality of
services.
3. INSURANCE
The Agency shall maintain at all times a policy of comprehensive general liability
insurance providing an amount of $1,000,000.00 per occurrence, protecting the City of
Bremerton from any and all damages which may arise in connection with the services to
be provided hereunder, whether or not such damages are alleged to arise from acts or
omissions which are the sole negligence of the City, its officers, employees, and or
agents, or the combined negligence of the City and others. Such insurance shall include
the City as additional insured and shall not be reduced or canceled without 30 days
written prior notice to the City. The Agency shall provide and maintain a current
Certificate of Insurance as evidence of the insurance required in this section.
4. INDEMNITY
The Agency agrees to defend, indemnify and save harmless the City, its appointed
and elected officers and employees, from and against any and all liability, loss, costs,
damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury,
including death at any time resulting therefrom, sustained or alleged to have been
sustained. by any person or persons and on account of damage to property ,arising or
alleged to have arisen directly or indirectly out of or in consequence of or the
performance of this Agreement, whether such injuries to persons or damage to property is
due to the negligence of Agency, its subcontractors, agents, successor, or assigns. This
provision shall be inapplicable to the extent the City are judicially found solely negligent
for such damage or injury.
5. NOTICES
Any notices required to be given by the City to the Agency or by the Agency to
the City shall be in writing and delivered to the following parties at the following
addresses:
City:
CDBG Program Administrator
City of Bremerton
345 6th Street Suite 600
Bremerton, W A 98337
Agency:
Barbara Day Max
AGAPE
5464 Kitsap Way
Bremerton, W A 98312
6. ASSIGNMENT AND SUBCONTRACTING
The Agency shall not assign or subcontract any portion of the services provided
within the terms of this contract without obtaining prior written approval from the City.
All terms and conditions of this Contract shall apply to any approved subcontract or
assignment related to the Contract.
7. RESERVATION OF RIGHTS
Failure to insist upon strict compliance with any terms, covenants or conditions of
this Agreement shall not be deemed. a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other
breach.
8. AMENDMENTS TO AGREEMENT
The parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties.
9. FAILURETOPERFORM
In the event of a failure by the Agency to comply, with any terms or conditions of
this Contract or to provide in any manner the activities or other performance as agreed to
herein, the City reserves the right to temporarily withhold all or any part of payment
pending correction of the deficiency, suspend all or part of the contract, or prohibit the
Agency from incurring additional obligations of funds until the City is satisfied that
corrective action has been taken or completed. The option to withhold funds is in
addition to, and not in lieu of, the City's right to terminate as provided in Article IV. 10 of
the General Conditions of this Agreement. The City may consider performance under
this Agreement when considering future awards.
10. TERMINATION
If the Agency fails to comply with the terms and conditions of this Agreement,
the City may pursue such remedies as are available in accordance with 24 CFR 85.43
including but not limited to, the termination of this Agreement in the manner specified
herein.
(A) Termination for Cause - If the Agency fails to comply with the terms and
conditions of this Agreement and any of the following conditions exist:
(1) The lack of compliance with the provisions of this Agreement are of such
scope and nature that the City deems continuation of this Agreement to be
substantially non-beneficial to the public interest;
(2) The Agency has failed to take satisfactory corrective action as directed by
the City or its authorized representative within the time specified by same;
(3) The Agency has failed within the time specified by the City or its
authorized representative to satisfactorily substantiate its compliance with
the terms and conditions of this Agreement,
The City may terminate this Agreement in whole or in part, and thereupon shall
notify in writing the Agency of the termination, the reasons therefore, and the effective
date. The effective date shall not be prior to notification of the termination by the City to
the Agency. Costs resulting from obligations incurred by the Agency after termination of
the Agreement are not allowable unless specifically authorized in writing by the City.
(B) Termination for Convenience
The award may be terminated for convenience, in whole or in part, as follows:
(1) By the City with the consent of the Agency. The two parties shall agree
upon the termination conditions, including the effective date and in the
case of partial termination, the portion to be terminated, or
(2) By the Agency upon submitting written notification to the City. The
written notification must set forth the reasons for the termination, the
effective date, and in the case of partial termination, the portion to be
terminated. However, in the case of a proposed partial termination, the
City may terminate the award in its entirety if the City determines that the
remaining portion will not accomplish the purpose for which the award
was made.
(C) Termination for Withdrawal. Reduction or Limitation of Funding In the event that
funding from the Federal government is withdrawn, reduced or limited in any way
after the effective date of this contract, and prior to its normal completion, the
City may summarily terminate this Contract as to the funds reduced or limited,
notwithstanding any other termination provision of this contract. Termination
under this Section shall be effective upon receipt of written notice by the Agency
or its representative.
11. CLOSE-OUT
Upon termination of this Contract, in whole or in part for any reason including
completion of the project, the following provisions shall apply:
(A) Upon written request by the Agency, the City shall make or arrange for payment
to the Agency of allowable reimbursable costs not covered by previous payments;
(B) The Agency shall submit within thirty (30) days after the date of expiration of this
Agreement, all financial, performance and other reports required by this
Agreement, and in addition, will cooperate in a program audit by the City;
(C) In the event a financial audit has not been performed prior to close-out of this
Agreement, the City retains the right to withhold a just and reasonable sum from
the final payment to the Agency after fully considering. the recommendation on
disallowed costs resulting from the final audit.
12. VENUE AND CHOICE OF LAW
Any action at law, suit in equity, or other judicial proceeding for the enforcement
of this Agreement or any provisions thereof shall be instituted only in the Court of the
State of Washington, County of Kitsap. It is mutually understood and agreed that this
Agreement shall be governed by the laws of the State of Washington, both as to
interpretation and performance.
13. SEVERABILITY CLAUSE
It is understood and agreed by. the parties that if any part, term, or provision of
this contract is held by the courts'to be illegal or in conflict with any law of the state
where made, the validity of the remaining portions or provisions shall not be affected,
and the rights and obligati<?ns of the parties shall be construed and enforced as if the
Agreement did not contain the particular part, term, or provision held to be invalid.
14. INTEGRATED DOCUMENT
This Agreement with any attachments constitutes the entire agreement between
the parties and both parties acknowledge that there are no other agreements, written or
oral, that have not been fully set forth in the text of this Agreement.
EXECUTED this
day of
200
AGENCY:
AGAPE Unlimited
(Agency)
BY:
(Signature)
(Please Print Name and Title)
(Date)
ADMINISTRATOR SHELTER PLUS CARE PROGRAM
Administrator
Date
MAYOR, CITY OF BREMERTON
Cary Bozeman
Date
Approved as to form:
Bremerton City Attorney
INDEX TO SHELTER PLUS CARE AGREEMENT
Article I. Project
1. Scope of Services
2. Term of Agreement
3. Program Reporting
Article II Financial Conditions
1. Budget and Compensation
2. Documentation of Costs and Other Financial Reporting
3. Reimbursement
Article III. Federal Conditions
1. Uniform Administrative Requirements
2. Conflict of Interest
3. Displacement, Relocation, Acquisition and Replacement of Housing
4. Lead Based Paint
5. Discrimination Prohibited
Article IV General Conditions
1. Compliance with Laws
2. Licensing and Program Standards
3. Insurance
4. Indemnity
5. Notices
6. Assignment and Subcontracting
7. Reservation of Rights
8. Amendments to Agreement
9. Failure to Perform
10. Termination
11. Close-Out
12. Venue and Choice of Law
13. Severability Clause
14. Integrated Document
ATTACHMENT #1
SHEL TER PLUS CARE
MANAGEMENTPROCEDURES~LAN
Shelter Plus Care (SPC) is a U.S. Department of Housing and Urban Development
(HUD) housing grant specifically aimed at housing the disabled homeless population
while ensuring that their on-going needs are met through active case management. SPC
provides housing assistance funds and requires the agency involved to provide an equal
amount of services to the client. The client must be disabled with either, or a
combination of the following disabilities: severe mental illness, chemical dependency, or
AIDS or AIDS related illness. AGAPE, as sponsor of the SPC Program will manage the
program in accordance with the plan as described in the application and described below.
ScoDe of Services/Historv
The City of Bremerton initially submitted an application to HUD on July 6, 1993 under
the McKinney Shelter Plus Care Program for rent assistance to provide alcohol/drug free
permanent housing for 8 homeless women with children and 16 homeless men disabled
by chronic alcoholism and substance abuse. A grant in the amount of $596,400.00 was
awarded on January 5, 1995. Agape Unlimited, a state licensed non-profit alcohol and
drug treatment provider, serves as the sponsor and primary social service provider for the
project. Agape Unlimited and the City have successfully applied for renewal funds every
year since the initial award; see below for current funding levels.
Funds were awarded under three components of the Shelter Plus Care Program.
Project Based Rental Assistance (PBRA): Assistance is provided to AGAPE for units
located at 1323 and 1329 Crawford St. Participants do not retain assistance if they move.
Sponsor based Rental Assistance (SBRA): Participants reside in housing owned or leased
by Agape. Participants do not retain assistance if they move.
Tenant Based Rental Assistance (TBRA): Provides grants for rental assistance which
allows participants to choose housing of appropriate size (goes with tenant) Agape may
require participant to live in a specific structure the first year and in a specific area for the
remainder of the participation. Units are located throughout Bremerton city limits.
All three components, Project Based Rental Assistance (PBRA), Tenant Based Rental
Assistance (TBRA) and Sponsor Based Rental Assistance (SBRA) of the original grant
have been completed and must be renewed annually. The City submitted and received
fund. fi 2009 :tl 11
mg or as 0 ows:
Pro!!:ram Amount OBR I-BR 2-BR 3-BR 4-BR 5-BR
TBRA $43,380.00 1 7
SBRA $95,820.00 6 6 2
PBRA $33,720.00 2
Agape's program is composed of three stages:
. initial outreach and residential chemical dependency treatment (funded by non Shelter
Plus Care sources);
. 3-6 months of drug/alcohol free group living with intensive treatment and job training
services; (Project Assistance)
. permanent supported housing in the community.(TBRA and SBRA)
The continuum of housing linked to appropriate social services is designed to promote
self-sufficiency and clean and sober living by providing gradually increasing levels of
responsibility and independence based on personal progress in meeting recovery goals.
The group houses, located at 1323 and 1329 Crawford S1. in Bremerton, provide 18 beds
of permanent housing with cooking, cleaning, laundry and recreational facilities including
a common room and garden. The program provides a home-like, not an institutional
environment for residents. Moreover, the houses are only two blocks from the Agape
outpatient treatment facility.
The Sponsor based component is typically used both as an intermediary phase and an
alternative to group living for families. Agape has identified apartment units throughout
the community to utilize in the program.
For the Tenant based component, participants must have obtained the self-sufficiency to
maintain a unit with little assistance.
Participant Selection
Participants must be:
. Chemically dependent, participating in an outpatient treatment program
. 18 years of age or older
. homeless
. living on the street or in a homeless shelter, released (with no housing options) to the
streets from jail, in-treatment programs, and hospitals.
Priority for housing assistance will be as follows:
First Priority:
Second Priority:
Third Priority:
Individuals living on the street;
Release from the jail to the street;
Release from treatment to the street
Screening and selection process will be coordinated by AGAPE who will interview each
potential participant to determine eligibility. Persons eligible for the project will be
2
placed on a waiting list and are responsible to contact AGAPE, by telephone, at least once
every three days to indicate they are still interested in the program. Tenants are selected
from those eligible based upon their position on the waiting list (unless there are
documented extenuating circumstances)
Method for Asshminl!: Units
Assignment of units is determined according to the clients' needs, including stability in
treatment, family size, level of self-sufficiency and need for on-going peer support.
Generally, all entering program participants will be required to live in the project based
houses. When residents move out, Agape will move new residents into the bedroom that
was vacated. Participants that can be accommodated by the Project Based Houses will
not be moved around the house unless a woman or man with several children requires the
larger spaces located in the lower level of the buildings. Men, including men with
children reside in one house and women, including women with children reside in the
other house. Those moving out of the Project Based Houses (and having successfully
completed stage one of their recovery program) will be placed in either a Sponsor Based
house or apartment or in a Tenant Based unit as appropriate.
Smaller sponsor based units are utilized by single individuals high in self-sufficiency.
Large units are utilized as multiple adult dwellings or as housing for parents with
dependent children. The appropriate housing unit will be determined taking into
consideration the quality, access to services, and appropriateness of the unit type.
Those moving into Tenant based assistance will locate their own housing within the City
of Bremerton. AGAPE will assure the unit meets HQS. The size and type of housing
weill be determined according to family size and need.
Participant Role in OverationslManal!:ement
Residents at the group houses will be responsible for regular house maintenance,
including cleaning and yard work. Group home residents will have weekly house
meetings to address both community and operations issues, and will provide input on
program evaluation. These meetings will address mutual responsibility for house chores.
All program participants will be involved in decision making and problem solving for the
program through on-going program evaluations.
AOl.llicant Role in OoerationslMaintenance
Agape is responsible to ensure that the houses are properly maintained contract for
necessary repairs, collect rent, provide cleaning supplies and provide yard tools. Agape
counselors assist residents to develop skills for house maintenance, implement the chore
list, and facilitate resident meetings. Agape is responsible to ensure that sufficient
funding is available to operate and maintain the buildings properly. Agape pays all utility
3
bills, but not long distance phone costs. Agape is available in the evenings and weekends
to provide help and supervision for participants.
Particivant Elie:ibilitv Verification
Agape will verify eligibility and determine Total Tenant Payment (TTP) for all
participants. The following documentation will be required to determine eligibility for
each participant:
1. Intake application
2. Certification of homelessness
3. Certification of disability
4. Income verification
Payment
The rent to be paid by each tenant will be calculated based on the highest of:
. 30 percent of the family's monthly adjusted income (adjustment factors include the
number of people in the family, age of family members, medical expenses, and child
care expenses); or,
. 10 percent of the family's monthly income.
Housin~ Qualitv Standards and Rent Reasonableness Certification
, - - ' .
All necessary Housing Quality Standards (HQS) Inspections and Rent reasonableness
studies will be performed by Agape who will also maintain the required documentation.
Agape may enter into a contractual agreement relative to the Shelter Plus Care Program
with a landlord only after it has certified that the housing unit meets HQS and rent
reasonableness criteria.
Lead Based. Paint Requirements
AGAPE will assure all units meet RUD's Lead Based Paint Requirements.
Assessment Methods
The Continuum of Care Coalition consists of local participating agencies providing
services, and Agape. The committee will meet at least monthly to share program
information on housing units, client services and record keeping requirements. The City
of Bremerton will participate in the meetings once.a year.
Additionally, the Coalition will assess and make recommendations regarding:
. how effective outreach efforts were to identify initial program participants and
additional participants as space became available;
. how well coordinated the system of services is to meet the changing needs of clients;
. how efficient is the mechanism for administering rental assistance.
4
The Coalition will discuss specific case studies to measure the clients' stability in
housing, improved functioning, the use of treatment and community services, the degree
of independence achieved, and the degree of client satisfaction with the services
provided.
AGAPE will submit semi-annual reports to the City of Bremerton.
ReQuest for Payment
No less than two weeks prior to the last day of each month Agape must provide
verification of rent subsidy payments required for the upcoming month. NO PAYMENT
WILL BE MADE UNLESS THIS VERIFICATION IS RECEIVED. Such verification
includes the following:
1. Documentation regarding participant eligibility as previously described;
2. HQS inspections and rent reasonableness studies as described above;
3. A signed contract between Agape and the Landlord for payment of housing
assistance;
4. A signed lease agreement for a period of no less than thirty (30) days between the
Landlord and Agape;
5. An agreement between the Landlord and the service agency regarding support
servIces.
The City of Bremerton will promptly process the payment.
Administrative Fee
The HUD Shelter Plus Care program authorizes an eight percent (8%) administrative fee
for the following activities: providing rental payments to landlords; examining family
income; providing housing information and assistance; inspecting units for HQS; and
receiving new participants into the program. An analysis indicates the City of Bremerton
provides approximately 25% of these services and AGAPE provides 75%. Therefore, 6%
of the administrative fee will be available to AGAPE and 2% to the City of Bremerton.
To assure that administrative funds are available through the life ofthe Shelter Plus Care
Program, the funds will be disbursed based on the amount of the monthly draw (for
example, ifthe monthly draw is $2,500 AGAPE will receive $150.00 and the City of
Bremerton will receive $50.00 in administrative fees). Documentation ofthe time spent
on the activities must be maintained by the City ofBremerton and AGAPE. .
5
Housin2 Assistance Payments
Rent subsidy payments will be made by Agape to the landlord(s) as appropriate
Agape will maintain a special bank account dedicated solely to Shelter Plus Care
activities. All funds received from the City of Bremerton will be placed in and disbursed
from this account.
Agape will maintain records of rent subsidy payments to landlords.
Vacancv Payments
Agape must immediately notify the City of Bremerton upon termination of tenancy so
that the City may determine allowable vacancy payments to landlord(s).
Hun ReQuired ReDortin2
AGAPE will provide the data to the City of Bremerton for the HUD annual report.
6
DATE SUBMITTED: April J 5,2009
BILL # 69- 017
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
S~
........................................................................................
SUBJECT: Public art on Pacific A venue
and in Evergreen Rotary Park.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: DCD
Presenter: John Ales, Arts Comm.
Phone: Pam Bykonen 473-5202
SUMMARY: The Arts Commission has been working since early 2008 toward the goal of creating
an art corridor along Pacific Avenue. Beginning just north of the Harborside Memorial Plaza, the
Commission envisions a boulevard of public art with sculptures and banners highlighting the talents
of artists from the Pacific Northwest and beyond, while connecting the parks through art with the
terminus being Evergreen Rotary Park.
A TT ACHMENTS: Proposed banner design; sculpture selection and proposed sites.
A. Proposed sculpture site map
B. Images of proposed sculptures
C. Proposed banners
FISCAL IMPACTS (Include Budgeted Amount): $10,000.00 Lodging Tax grant & $50,000.00 1%
.__ ___+_._.,__._. ,_._ .,._...._ _.. _.,.'_ ...___".. __..__.~_ _.__,<... _ .__."_" ... ____, .'_ _ .. ._ ___..__..__. ___. .._ _ __._ ..___" _...ne' .
For Arts program fund for a total of $ 0,000.00..--
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
-
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~/ ,
z:;;;;,: ~, :4
CONSENT AGENDA 5?J
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to authorize the Arts Commission to move forward with the
installation of public art along Pacific Avenue and in Evergreen Rotary Park.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
I
l.
Proposed Sculpture
Sites
BREMERTON ARTS COMMISSION l
Evergreen Park
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shown as example
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Pale Elev.tlon
SCAlE: 318.=1'-o~
Blue to match Sherwin Williams
Long Beach Blue
B65T604 w/ B65V600 Catalyst
Removable 2" diameter cast
aluminum ball
(Final set screwed in place)
Full color printing on 13 oz. vinyl
Hemmed/pole pockets at each end
to fit arm.
1 1/4" sch. aluminum pipe
lanaer Ele".Uon
SCAlE'1"= 1'..0"
70 Banners (unique artwork lor each)
Double-sided printing on 13 oz vinyl (same image on both sides)
24" x 48" with additional room lor hemmed pole pockets on both ends
Dura-tul vinyl or equiv. material to withstand outdoor elements
Full color printing, lull bleed, photo and text
Blue on banner to match Sherwin Williams Long Beach Blue (details to be provided by CommArts)
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CommuntcUlonArts,lncorpofilltd
1112 PurlStntt 8ouldef, CO 10102
nt lOJ."'H,1202 ,All 101.440.709'
WWW.colIIlll.rll.lIouldcr.com
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Downtown District
Banner Program
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ARTISTS N
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Downtown District
Banner Program
DATE SUBMITTED: April 15,2009
BILL# 09- oqB
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Sk
........................................................................................
SUBJECT: Purchase of a sculpture from
Corio-Frei of Vancouver, Washington.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: DCD
Presenter: John Ales, Arts Comm.
Phone: Pam Bykonen 473-5202
SUMMARY: The Arts Commission opened a Call for Sculpture Artists on October 1,2008. The
Call closed on December 31, 2008 and resulted in 75+ artist applications from around the US. After a
lengthy selection process, the Arts Commission narrowed their choice to seven artists. Corio-Frei is
an artist team located in Vancouver, W A. They have proposed to create a pedestrian scale sculpture
titled "Despite the Rain" to be installed on Pacific Avenue.
A TT ACHMENTS: Proposed contract, scope of work, and invoice
A. Proposed contract with Corio-Frei.
B. Image of proposed sculpture.
C. Proposed invoice.
IfI.SCA.L IMPi\_c:!~ (Inclllde B,udg~~e4Amount): $7,100.00 froIll tl1e,_l%EQrArts program fund.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~ .
0cC>'c' . .:_~ - ~</?'
CONSENT AGENDA I2?J
GENERAL BUSINESS D
PUBLIC HEARING. D
RECOMMENDED MOTION: Move to approve the contract with Corio-Frei to purchase a
sculpture to be installed on Pacific A venue 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
CONTRACT FOR COMMISSIONED ARTWORK
THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having
its principal offices at 345 - 6th Street, Suite 600 and Jennifer Corio and Dave
Frei dba Cobalt Designworks, LLC, (the "Artist") whose principal address is: 1930
D Street, Vancouver, WA, 98663
Telephone: (360) 281-5619, jennifer@cobaltdesignworks.com.
In consideration of the mutual benefits and covenants contained herein, the City
and the Artist agree as follows:
SECTION 1. EFFECTIVE DATE OF CONTRACT
The Contract will become effective on execution and terminate on December 31,
2009. In no event will the Contract become effective unless and until it is
approved and executed by the City Council.
SECTION 2. SERVICES TO BE PROVIDED
2.1 A description of the services to be performed by the Artist is set forth in
Exhibit A: Description of Services, which is attached to the Contract and
incorporated by this reference.
2.2 The Artist agrees to provide his own labor and materials. Unless otherwise
provided for in the Contract, the City will furnish no material, labor or facilities.
2.3 The Artist will perform the work specified in the Contract according to
standard industry practice.
2.4 The Artist will complete his work in a timely manner and in accordance with
the schedule agreed to by the parties.
2.5 The Artist will perform the services set forth above and required under this
contract in a satisfactory and competent manner. Should the Artist employ and
subcontract with any third persons in the performance of this contract, the Artist
agrees that all such third persons will be bound by the terms and conditions of
this contract. The Artist agrees to comply with all applicable City, local, state and
federal laws, regulations and ordinances regarding performance of all work
necessary to complete the services'contracted for herein.
2.6 The Artist will confer with the Arts Commission and City staff from time to'
time during the progress of the work. The Artist will prepare and present status
reports and other information that may be pertinent and necessary, or as may be
requested by the Arts Commission or mandated in Exhibit A.
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SECTION 3. CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative. A party may
change its representative upon providing written notice to the other party. The
parties' representatives are as follows:
City's Contract Representative
Pam Bykonen
345b - 6th Street, Suite 600
Bremerton, WA 98337
360-3473-5202
360-473-5278 (fax)
Pam. Bykonen@ci.bremerton.wa.us
Contractor's Contract Representative
SECTION 4. COMPENSATION
4.1 A description of the compensation to be paid to the Artist is set forth in
Exhibit B: Compensation, which is attached to the Contract and incorporated by
this reference.
4.2. The total amount payable under the Contract by the City to the Artist in no
event will exceed $7,100.00.
4.3. The City shall determine dates of completion for stages of the project. The
artist may submit an invoice to the City after each stage is completed. Subject to
the other provisions of the contract, the City will generally pay such an invoice
within 30 days of receiving it. It is understood that the City has no obligation
regarding sales commissions or any agreements with galleries or agents with
whom the Artist may have contracted.
4.4 The Artist will be paid only for work expressly authorized in the Contract.
4.5 The Artist will not be entitled to payment for any services that were
performed prior to the effective date of the Contract or after its termination,
unless a provision of the Contract expressly provides otherwise.
4.6 If the Artist fails to comply with any terms or conditions of this contract or to
provide in any manner the work or services agreed to herein, the City may
withhold any payment due the Artist until the City is satisfied that corrective
action, as specified by the City, has been completed. This right is in addition to,
and not in lieu of, the City's right to terminate this contract.
4.7 In the event that the Artist breaches any of the obligations, terms and
conditions of this contract, has failed to provide in any manner the work or
services agreed to herein, and if the City deems said breach to warrant corrective
action, the following sequential procedure shall be followed:
1. The City shall notify the Artist in writing of the nature of the
breach;
2. The Artist shall respond in writing within ten (10) working days of
his/her receipt of such notice, and indicate in the response the steps being taken
to correct the specified non-compliance actions constituting breach. The
corrective action plan shall specify the proposed completion date for bringing the
Contract into compliance;
3. The City shall and hereafter notify the Artist in writing of the City's
determination as to the sufficiency of the Artist's corrective action plan. The
determination of sufficiency of the Artist's corrective action plan shall be at the
sole discretion of the City;
4. In the event that either the Artist does not respond or provide a
corrective action plan within ten (10) working days or the Artist's corrective action
plan is deemed to be insufficient, the City may terminate this contract in whole or
in part pursuant to the Termination Section;
5. In addition, the City may withhold any payment owed the Artist
and/or prohibit the Artist from incurring additional expenses until the City is
satisfied that corrective action has been taken or completed; and
6. Nothing herein shall be deemed to affect or waive any rights the
parties may have pursuant to the Termination Section.
4.8 The contract amount is inclusive of all applicable state and federal taxes
including any Washington State Sales Tax owed by the City as a result of this
contract. It is the responsibility of the Artist to remit any sales taxes to the
Washington State Department of Revenue.
SECTION 5. AMENDMENTS AND CHANGES IN WORK - WARRANTIES
5.1. The Artist warrants that the design or work being commissioned is the
original product of his/her own creative efforts.
5.2. The Artist shall be responsible for a period of seven years from the date of
installation of the Artwork for the integrity of the materials and fabrication
techniques of the artwork and the installation. Artist's liability for breach of this
warranty shall be limited to the cost of repairs of the artwork and/or the
installation. The responsibility for the determination of the Artist's liability for faults
or defects in the work during the one-year period shall be solely that of the City.
The Artist is not expected to warrant damages caused by vandalism, normal
wear and tear and natural occurrences such as storms, fires, floods and
earthquake damage.
5.3 In order to be effective, any Contract renewal, amendment or modification
must be in writing, be signed by both parties and be attached to the Contract.
Work under a renewal, an amendment or a modification may not commence until
the renewal, amendment or modification has been approved by the Arts
Commission, as well as the City Council, and has become effective.
5.4 The City may request that the Artist provide additional services beyond those
required in the Scope of Service. These additional services, if performed due to
unusual circumstances outside the Artist's contract which cause the Artist extra
work and expense, shall be paid for by the City in addition to the agreed upon fee
set forth in paragraph 4.2 above, provided that the Artist first obtains prior
authorization of the extra expense(s) by the City.
SECTION 6. HOLD HARMLESS AND INDEMNIFICATION
6.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any and all claims, actions,
suits, liability, loss, expenses, damages and judgments of any nature
whatsoever, including reasonable costs and attorneys' fees in defense thereof,
for injury, sickness, disability or death to persons or damage to property or
business, caused by or arising out of the acts, errors or omissions of the Artist, its
officers, employees or agents in the performance of the Contract. Provided,
however, that the Artist's obligation under this provision will not extend to injury,
sickness, disability, death or damage caused by or arising out of the sole
negligence of the City, its officers, officials, employees or agents. The Artist's
duty extends to the claim by Contractors or any subcontractor's officers,
employees or agents. For the purposes of this indemnification provision, the
Artist expressly waives its immunity under Title 51 (Industrial Insurance) of the
Revised Code of Washington and acknowledges that this waiver was mutually
negotiated by the parties.
6.2 Provisions of this section shall survive the expiration or termination of this
agreement.
6.3 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
Artist, the Artist's employees, agents or subcontractors.
SECTION 7. INSURANCE
7.1. Insurance coverage is not required during the design phase of this contract
or while the Artist is completing work on the artwork in his/her studio. Prior to the
commencement of anyon-site installation or fabrication, the Artist and/or his/her
subcontractors shall purchase and maintain for the duration of anyon-site
fabrication and/or installation, insurance against claims for injuries to persons or
damages to property that may arise from, or in connection with, the performance
of work done by the Artist, his/her agents, representatives, employees, and/or
su bcontractors
7.2. The Artist and/or his/her subcontractors shall pay for the costs of the
required insurance.
7.3. All insurance policies shall name the City of Bremerton, its officers, officials,
employees and agents as additional insured's as respects liability arising out of
activities performed by or on behalf of the Artist in connection with this Contract.
7.4 Any deductibles or self-insured retentions must be declared to, and approved
by, the City. The deductible and/or self-insured retention of the policies shall not
apply to the Artist's liability to the City and shall be the sole responsibility of the
Artist.
7.5 The Artist's insurance shall apply separately to each insured against whom
claim is made and/or lawsuit is brought. .
7.6 The Artist's insurance coverage shall be the primary insurance as respect to
the City, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the City, its officers, officials, employees, or agents shall
not contribute to the Artist's insurance or benefit the Artist in any way.
7.7 The minimum scope and minimum limits of insurance required by this
contract are as follows:
1. WORKERS COMPENSATION: Coverage as required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington.
2. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part of this
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for the purpose of this
contract section shall mean any services provided by a licensed professional,
such as structural review or engineering.
A. The Artist will include all subcontractors as insured's under its policies or
will finish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors will be subject to all of the requirements stated
in these provisions.
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B. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they
limitations on indemnification.
C. If the Artist will be constructing the artwork on site, the Artist will provide
$1,000,000 Commercial General Liability Insurance.
7.8 Verification of Coverage and Acceptability of Insurers.
A. The Artist shall place insurance with insurers licensed to do business in
the State of Washington and having A.M. Best Company ratings of no less
than A-VII, with the exception that excess and umbrella coverage used to
meet the requirements for limits of liability or gaps in coverage need not be
placed with insurers or re-insurers licensed in the State of Washington.
B. The Artist shall furnish the City with properly executed certificates of
insurance or a signed policy endorsement that will clearly evidence all
insurance required in this Section within 10 days after the effective date of the
Contract. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract may not be
materially changed, canceled, or allowed to expire, except on 30-days' prior
written notice to the City. Any certificate or endorsement limiting or negating
the insurer's obligation to notify the City of cancellation or changes must be
amended so as not to negate the intent of this provision.
C. The Artist shall furnish the City with evidence that the additional-insured
provision required above has been met. Acceptable forms of evidence are the
endorsement pages of the policy showing the City as an additional insured.
D. Written notice of cancellation or change shall be mailed to the City at the
following address:
Risk Management Division
City of Bremerton Legal Department
345 - 6th Street, Suite 600
Bremerton, WA 98337
E. The Artist or his/her broker shall provide a copy of all insurance policies
specified in the Contract upon request of the City of Bremerton Risk Manager.
SECTION 8. TERMINATION
8.1 The City may terminate the Contract in whole or in part whenever the City
determines, in its sole discretion, that such termination is in the best interests of
the City. The City may terminate the Contract upon giving the Contractor 10-
days' written notice. In that event, the City will pay the Contractor for all costs
incurred by the Contractor in performing the Contract up to the date of such
notice, subject to the other provisions of the Contract.
8.2 If funding for the underlying project or matter is withdrawn, reduced or
limited in any way after the Contract is signed or becomes effective, the City may
summarily terminate the Contract notwithstanding any other termination provision
in the Contract. Termination under this provision will be effective upon the date
specified in the written notice of termination sent by City to the Artist. No costs
incurred after the effective date of the termination will be paid.
8.3 If the Artist breaches any of its obligations under the Contract, and fails to
cure the breach within 10 days of written notice to do so by the City, the City may
terminate the Contract. In that event, the City will pay the Artist only for the costs
of services accepted by the City. Upon such termination, the City, at its
discretion, may obtain performance of the work elsewhere, and the Artist will
bear all costs and expenses incurred by the City in completing the work and all
damages sustained by the City by reason of the Artist's breach.
SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING
9.1 The Artist will perform under the Contract using only its bona fide employees
or agents, and the obligations and duties of the Artist under the Contract will not
be assigned, delegated or subcontracted to any other person or firm without the
prior express written consent of the City.
9.2 The Artist warrants that it has not paid, nor has it agreed to pay, any
company, person, partnership or firm, other than a bona fide employee working
exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or
other consideration contingent upon or resulting from the award or making of the
Contract.
SECTION 10. INDEPENDENT CONTRACTOR
10.1 The Artist's services will be furnished by the Artist as an independent
contractor and not as an agent, an employee or a servant of the City. The Artist
specifically has the right to direct and control Artist's own activities in providing
the agreed services in accordance with the specifications set out in the Contract.
The Artist and/or his/her agents or employees and/or sub-contractors shall make
no claim of career service or civil service rights which may accrue to a City
employee under state or local law.
10.2 The Artist acknowledges that the entire compensation for the Artist is set
forth in the compensation provisions of the Contract and the Artist is not entitled
to any City benefits, including, but not limited to: vacation pay; holiday pay; sick
leave pay; medical, dental or other insurance benefits; fringe benefits; or any
other rights or privileges afforded to City employees.
10.3 The Artist will have and maintain complete responsibility and control over
all of its subcontractors, employees, agents and representatives. No
subcontractor, employee, agent or representative of the Artist will be or be
deemed to be, or act or purport to act, as an employee, agent or representative
of the City.
10.4 The City assumes no responsibility for the payment of any compensation,
wages, benefits, or state and/or federal taxes by, or on behalf of, the Artist. The
Artist shall protect, indemnify and hold harmless the City its officials, officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from
1) The Artist's failure to pay any compensation, wages, benefits, or taxes;
and/or
2) The Artist's receipt of work, services, materials, or supplies from the
Artist's employees, suppliers or sub-contractors in connection with or
support of the Artist's performance of services contracted for herein.
10.5 The Artist further agrees that he/she is financially responsible for and will
repay the City all indicated amounts following an audit which occurs due to the
negligence, intentional act and/or failure for any reason to comply with the terms
of this contract by the Artist, his/her employees, or agents. The Artist's obligation
to repay the City shall not be diminished or extinguished by the prior termination
of the contract pursuant to the Duration of Contract, or the Termination Section.
SECTION 11. NONDISCRIMINATION
.11.1 The Artist, its assignees, delegates or subcontractors will not discriminate
against any person in performance of any of its obligations under the Contract on
the basis of race, color, creed, religion, national origin, age, sex, marital status,
sexual orientation, veteran status or the presence of any disability.
SECTION 12. OWNERSHIP OF MA TERIALSIWORKS PRODUCED
12.1. The Artist and City agree that any proposal to alter, modify, or otherwise
change the work of the Artist shall be first discussed with the Artist. The City will
make a good faith effort to contact the Artist and obtain written approval to
proceed with the proposed alteration, modification, or change; such approval
shall not be unreasonably withheld by the Artist. If an alteration, modification or
change should occur, the Artist reserves the right to request that the work no
longer be represented as the work of the Artist and to have his/her name
removed from any plaque or other identification of the Artwork provided that the
Artist shall make this request to the City in writing.
12.2 The Artist agrees the City will be granted royalty-free the authority to
incorporate the project artwork in construction documents for the purposes of
constructing and completing the project.
12.3 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication.
12.4 The Artist shall register the project and place a copyright notice on or near
the project in the form and manner required to protect copyrights of the project
under United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator with a
copy of the application for registration, the registration number and the effective
date of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project.
12.5 The Artist hereby grants the City permanent, assignable, non-exclusive
royalty-free permission to make, or cause to be made, photographs and other
two dimensional reproductions and models of the project for educational, project
awards, public relations, tourism, arts promotional purposes without payment of a
royalty to the Artist. For purposes of this Agreement, the following are among
those deemed to be permissible reproductions for the above cited purposes:
brochures and pamphlets pertaining to the Engineer and Owner; reproduction in
exhibition catalogues, project awards, books, slides, photographs, postcards,
posters, and calendars; in art magazines, art books and art and news sections of
newspapers; in general books and magazines not primarily devoted to art; slides
and film strips; and television. On any and all such reproductions a copyright of
the project under the United States Copyright Law and credit to the Artist will
appear. The Artist agrees that all written references to and reproductions to the
project shall include the following credit line:
"This project was sponsored by the City of Bremerton's 1 % For The Arts
program."
SECTION 13. PATENT/COPYRIGHT INFRINGEMENT
13.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any claimed action, cause or
demand brought against the City, where such action is based on the claim that
information supplied or work performed by the Artist or subcontractor infringes
any patent or copyright or other intellectual property or proprietary right. The
Artist will be notified promptly in writing by the City of any notice of such claim.
13.2. All reproductions made by the City shall contain a credit to the Artist and a
copyright notice substantially in the following form: "'Copyright, Artist's name, all
rights reserved, dates", in such a manner and location as shall comply with the
U.S. Copyright Laws.
SECTION 14. DISPUTES
14.1 Differences, disputes and disagreements between the Artist and the City
arising under or out of the Contract will be brought to the attention of the City at
the earliest possible time so that the matter may be settled or other appropriate
action promptly taken. The City's contract representative or designee will decide
any dispute relating to the quality or acceptability of performance or
compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 15. MISCELLANEOUS
15.1 No Waiver. The parties agree that the excuse or forgiveness of
performance, or waiver of any provisions of the Contract, does not constitute a
waiver of such provision or future performance, or prejudice the right of the
waiving party to enforce any of the provisions of the Contract at a later time.
15.2 Tax Payments. The Contractor will pay all applicable federal, state and
local taxes, fees (including licensing fees) and other amounts.
15.3 Personnel Removal. The Contractor agrees to remove immediately any of
its subcontractors, employees, agents or representatives from assignment to
perform services under the Contract upon receipt of a written request to do so
from the City's contract representative or designee.
15.4 Legal Compliance. The Contractor and its subcontractors, employees,
agents and representatives will comply with all applicable federal, state and local
laws, rules and regulations in their performance under the Contract.
15.5 The Artist and/or his/her subcontractors, shall maintain records in
accordance with generally accepted accounting procedures and other evidence
of all expenses incurred in the performance of this contract. The City and/or
Federal/State officials shall, for the purpose of examination and audit, have
access to and be permitted to inspect such records and other evidence of costs
and expenses charged to the City and/or incurred for the Artwork for a period of
six (6) years after termination of contract.
15.6 Severability. If a court of competent jurisdiction holds any provision of the
Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of
the remaining provisions will not be affected, and the parties' rights and
obligations will be construed and enforced as if the Contract did not contain the
particular provision held to be invalid. If any provision of the Contract conflicts
with any statutory provision of the State of Washington, the provision will be
deemed inoperative to the extent of the conflict or modified to conform to
statutory requirements.
15.7 Entire Agreement. The parties acknowledge that the Contract is the
complete expression of their agreement regarding the subject matter of the
contract. Any oral or written representations or understandings not incorporated
in the Contract are specifically excluded.
15.8 Notices. Any notices will be effective if personally served upon the other
party or if mailed by registered or certified mail, return receipt requested, to the
addresses set out in the contract representatives provision of the Contract.
Notice may also be given by facsimile with the original to follow by regular mail.
Notice will be deemed to be given three days following the date of mailing, or
immediately if personally served. For service by facsimile, service will be
effective at the beginning of the next working day.
DATED this_day
,200_.
DATED this_day
,200 .
ARTIST
CITY OF BREMERTON
By:
(Signature)
Print Name:
Title:
EXHIBIT A: DESCRIPTION OF SERVICES
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CONTRACT FOR COMMISSIONED ARTWORK
Jennifer Corio and Dave Frei dba Cobalt Designworks, LLC, (the "Artist") and
City of Bremerton, (the "City") mutually agree that the Artist create artwork for the
"Sculpture on Pacific Avenue" (the "project"). The Artist will be expected to
coordinate the fabrication and installation of the artwork with the Arts
Commission Staff.
The Artist agrees that an essential element of this agreement is the skill and
creativity of the Artist. The Artist, therefore, shall not assign the creative or artistic
portions of the work to another party without the consent of the City.
Design and proposal development has been completed by the Artist under a
separate contract. Issuance of this contract will be considered notice to proceed
to fabrication and implementation of the approved design.
The Artist shall:
. Notify the Arts Commission if a significant change occurs in the scope,
material, design or siting of the work subsequent to preliminary design
approval, and submit the proposed changes for review prior to
implementing the changes.
. Warrant that the work is an original product of his/her own creative effort.
. Guarantee the integrity of the materials and fabrication and installation
techniques for a period of seven years after installation.
. Specify the limit of the edition if an artwork is selected which can be
reproduced as an edition.
. Notify City of Bremerton's Arts Commission staff of any changes of
address during the project and following completion of the project for as
long as the City shall own the artwork.
. Provide regular reports to the Arts Commission as to the status of the
project during the construction phase. The Artist will allow for studio visits
from the Arts Commission as requested by Arts Commission staff.
Implementation & Fabrication
A. The artwork will consist of: See attached proposal from artist. Exhibit A.
B. The total budget shall not exceed $7,100.00 for the fabrication and installation
of the artwork. An approved budget is attached as part of this contract. The
Artist shall provide all labor and materials necessary to produce and complete a
finished work of art; delivery of artwork; and installation of the artwork.
C. The artwork must be completed in accordance with the construction
schedule. The estimated completion date is September 1, 2009. This date may
be amended by mutual agreement of the Artist and the City.
1. It is the responsibility of the "Project Manager" and/or the "Contractor"
to inform the Arts Commission Staff and the Artist in writing of all
construction scheduling information as it becomes available and
deadlines relevant to the Artist's project; and all provisions set forth for
working within the project areas.
2. The Artist shall be responsible for completion of fabrication, delivery
and installation of the artwork in accordance with the agreed upon
schedule. The Artist will seek out regular updates from the Arts
Commission Staff, Contractor and Project Manager regarding schedule
for completion and installation of the artwork.
3. The Artist shall coordinate the schedule for implementation and
completion of all studio fabrication with the Arts Commission staff.
4. The Artist shall coordinate all activities necessary for implementation of
on-site fabrication, delivery and installation with the Contractor. On-
site activities must be coordinated in accordance with the construction
schedule. Artists and their sub-contractors and installers must comply
with all provisions provided by the Contractor or the Project Manager
for working within the project areas.
D. In the event that the Artist must make changes to the design during
construction; the Artist shall present any significant changes in the scope, design,
character or medium of the project to the City for approval. Significant aesthetic
changes must be approved by the Arts Commission.
E. In the event that the City must make changes to the designated artwork site
during construction, the Artist will be notified immediately of the proposed
changes. The Arts Commission staff and Project Manager will work with the
Artist to find means of mitigating any negative impacts to the art projects. Any
changes required of the Artist shall require a written change order and the
increased cost of such change order in Artist's labor and materials shall be
added to the contract amount.
F. The Artist will provide information to the City regarding materials and finishes
to be used in the creation of the artworks. Substitutions may be requested by the
City in the event that the proposed materials do not comply with health and
safety issues, ADA requirements or fire code ratings.
G. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by Arts
Commission staff.
2. Provide photographic documentation of the artwork at the completion of
the project. Photographic documentation will be submitted in the form of
one (1) black and white 8'x10" photograph and two (2) color slides.
3. Submit a maintenance report for the project to the Arts Commission
staff. The report will provide detailed instructions regarding routine and
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project
in the form and manner required to protect copyrights of the project under
United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator
with a copy of the application for registration, the registration number and
the effective date of registration. Except as provided in this Agreement,
the Artist retains all copyrights in the project including its preliminary
design and incidental works created for the Project
5. Submit an Artist's statement concerning the artwork purchased under
this agreement; and
6. Submit the Artist's professional resume.
COMPENSATION & PAYMENT SCHEDULE
The Artist will be paid a total of $7,100.00 for the scope of work included in this
contract. The payments will be made as follows:
1. $1,420.00 upon activation of the contract for the purchase of materials.
Estimated completion date to be determined.
2. $5,680.00 upon completion of installation, receipt of support materials,
and final acceptance of the artwork.
Estimated completion date to be determined.
At each fee/fabrication milestone outlined above, the Artist will submit a brief
written report, which describes project progress to date. The Artist should submit
samples of materials if they are available.
All Invoices should be mailed or delivered to:
Pam Bykonen, Staff
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, WA 98337
The Artist will submit the final invoice and other documents as are required by
this Contract within sixty (60) days of completion of the Scope of Service. Unless
waived by the City in writing, failure by the Artist to submit the final invoice and
required documents will relieve the City from any and all liability for payment to
the Artist for the amount set forth in such invoice or in any subsequent invoice.
Cobalt Designworks, LLC
Where Design, Craftsmanship and Good Business Meet
DATE: APRIL 9, 2009
Jennifer Corio & Dave Frei
1930 D Street
Vancouver, VVA 98663
Phone 360.281.5619 Fax 360.993.1689
jennifer@cobaltdesignworks.com
VVA #COBALDL916DVV
TO Bremerton Arts Commission
AUn: Pam Bykonen
JOB Despite the Rain - Public sculpture
,:;: !'M4.t;';rrc';' ,'.,
";>@r1?'p~'4~j~.; .::~I~'~~;fR1;:~.'."
$ 6,037.75
"Despite the Rain" - Pedestrian-scale sculpture
. 5-1/2 ft to 6 ft tall.
· Stainless steeL body with clear powder coat
· SteeL umbrella brightly coLored with powder coat (3-coat process -
primer, color, clear-coat)
· 3/8" or Y2" inch steel pLate base (puddLe form), aLso colored with
3-Layer powder coat
I
sd
Site Delivery & Install
SCOPE of WORK
· Delivery and instaLLation of sculpture named "Despite the Rain",
as described above.
· VVe will install to existing pad at site.
· Bremerton to provide specifications of site.
. We will provide shop drawings with mounting detaiLs, based on
site specs and pad details.
· VVe anticipate back and forth communication with the City & Arts
Commission to ensure ideaL pLacement, safety, and successfuL /
secure instaLLation.
· 20% down to start project. ($1,420)
. BaLance due upon InstaLLation.
SUBTOTAL
WA SALES
TAX@8.6%
TOTAL
S 6,537.75
S 562.25
S 7,100.00
Thank you for this wonderful opportunity!
DATE SUBMITTED: April 15, 2009
BILL # og -' OQ1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
51..
........................................................................................
SUBJECT: Purchase of a sculpture from
Jamieson-Race of Vancouver, British
Columbia.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: DCD
Presenter: John Ales, Arts Comm.
Phone: Pam Bykonen 473-5202
SUMMARY: The Arts Commission opened a Call for Sculpture Artists on October 1, 2008. The
Call closed on December 31, 2008 and resulted in 75+ artist applications from around the US. After a
lengthy selection process, the Arts Commission narrowed their choice to seven artists. Jamieson-Race
is an art team located in Vancouver, BC. They have proposed to create a pedestrian scale sculpture
titled "Anima" to be installed on Pacific Avenue.
ATTACHMENTS: Proposed contract, scope of work, and invoice
A. Proposed contract with Jamison-Race.
R Image of proposed sculpture.
C. Proposed invoice.
F!SCA~JMP A<::_TS (I~cludeBlldgetecl Amo~nt}:$7, 100,OOfmm fu~_ J% FQr ,Arts program fund.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
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.
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:e/; ~ ~~tf;
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOT!ON: Move to approve the contract with Jamieson-Race to purchase a
sculpture to be installed on Pacific A venue and authorize the Mayor to finalize and execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
CONTRACT FOR COMMISSIONED ARTWORK
THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having
its principal offices at 345 - 6th Street, Suite 600 and Marion Jamieson and Colin
Race dba Composite Creations, (the "Artist") whose principal address is: 3054 W
13th Avenue, Vancouver, BC, V6K 2V2
Telephone: (604) 739-8531, mjamieson@shaw.ca .
In consideration of the mutual benefits and covenants contained herein, the City
and the Artist agree as follows:
SECTION 1. EFFECTIVE DATE OF CONTRACT
The Contract will become effective on execution and terminate on December 31,
2009. In no event will the Contract become effective unless and until it is
approved and executed by the City Council.
SECTION 2. SERVICES TO BE PROVIDED
2.1 A description of the services to be performed by the Artist is set forth in
Exhibit A: Description of Services, which is attached to the Contract and
incorporated by this reference. .
2.2 The Artist agrees to provide his own labor and materials. Unless otherwise
provided for in the Contract, the City will furnish no material, labor or facilities.
2.3 The Artist will perform the work specified in the Contract according to
standard industry practice.
2.4 The Artist will complete his work in a timely manner and in accordance with
the schedule agreed to by the parties.
2.5 The Artist will perform the services set forth above and required under this
contract in a satisfactory and competent manner. Should the Artist employ and
subcontract with any third persons in the performance of this contract, the Artist
agrees that all such third persons will be bound by the terms and conditions of
this contract. The Artist agrees to comply with all applicable City, local, state and
federal laws, regulations and ordinances regarding performance of all work
necessary to complete the services contracted for herein.
2.6 The Artist will confer with the Arts Commission and City staff from time to
time during the progress of the work. The Artist will prepare and present status
reports and other information that may be pertinent and necessary, or as may be
requested by the Arts Commission or mandated in Exhibit A.
SECTION 3. CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative. A party may
change its representative upon providing written notice to the other party. The
parties' representatives are as follows:
City's Contract Representative
Pam Bykonen
345b - 6th Street, Suite 600
Bremerton, WA 98337
360-3473-5202
360-473-5278 (fax)
Pam. Bykonen@ci.bremerton.wa.us
Contractor's Contract Representative
SECTION 4. COMPENSATION
4.1 A description of the compensation to be paid to the Artist is set forth in
Exhibit B: Compensation, which is attached to the Contract and incorporated by
this reference.
4.2. The total amount payable under the Contract by the City to the Artist in no
event will exceed $7,100.00.
4.3. The City shall determine dates of completion for stages of the project. The
artist may, submit an invoice to the City after each stage is completed. Subject to
the other provisions of the contract, the City will generally pay such an invoice
within 30 days of receiving it. It is understood that the City has no obligation
regarding sales commissions or any agreements with galleries or agents with
whom the Artist may have contracted.
4.4 The Artist will be paid only for work expressly authorized in the Contract.
4.5 The Artist will not be entitled to payment for any services that were
performed prior to the effective date of the Contract or after its termination,
unless a provision of the Contract expressly provides otherwise.
4.6 If the Artist fails to comply with any terms or conditions of this contract or to
provide in any manner the work or services agreed to herein, the City may
withhold any payment due the Artist until the City is satisfied that corrective
action, as specified by the City, has been completed. This right is in addition to,
and not in lieu of, the City's right to terminate this contract.
4.7 In the event that the Artist breaches any of the obligations, terms and
conditions of this contract, has failed to provide in any manner the work or
services agreed to herein, and if the City deems said breach to warrant corrective
action, the following sequential procedure shall be followed:
1. The City shall notify the Artist in writing of the nature of the
breach;
2. The Artist shall respond in writing within ten (10) working days of
his/her receipt of such notice, and indicate in the response the steps being taken
to correct the specified non-compliance actions constituting breach. The
corrective action plan shall specify the proposed completion date for bringing the
Contract into compliance;
3. The City shall and hereafter notify the Artist in writing of the City's
determination as to the sufficiency of the Artist's corrective action plan. The
determination of sufficiency of the Artist's corrective action plan shall be at the
sole discretion of the City;
4. In the event that either the Artist does not respond or provide a
corrective action plan within ten (10) working days or the Artist's corrective action
plan is deemed to be insufficient, the City may terminate this contract in whole or
in part pursuant to the Termination Section;
5. In addition, the City may withhold any payment owed the Artist
and/or prohibit the Artist from incurring additional expenses until the City is
satisfied that corrective action has been taken or completed; and
6. Nothing herein shall be deemed to affect or waive any rights the
parties may have pursuant to the Termination Section.
4.8 The contract amount is inclusive of all applicable state and federal taxes
including any Washington State Sales Tax owed by the City as a result of this
contract. It is the responsibility of the Artist to remit any sales taxes to the
Washington State Department of Revenue.
SECTION 5. AMENDMENTS AND CHANGES IN WORK - WARRANTIES
5.1. The Artist warrants that the design or work being commissioned is the
original product of his/her own creative efforts.
5.2. The Artist shall be responsible for a period of seven years from the date of
installation of the Artwork for the integrity of the materials and fabrication
techniques of the artwork and the installation. Artist's liability for breach of this
warranty shall be limited to the cost of repairs of the artwork and/or the
installation. The responsibility for the determination of the Artist's liability for faults
or defects in the work during the one-year period shall be solely that of the City.
The Artist is not expected to warrant damages caused by vandalism, normal
wear and,tear and natural occurrences such as storms, fires, floods and
earthquake damage.
5.3 In order to be effective, any Contract renewal, amendment or modification
must be in writing, be signed by both parties and be attached to the Contract.
Work under a renewal, an amendment or a modification may not commence until
the renewal, amendment or modification has been approved by the Arts
Commission, as well as the City Council, and has become effective.
5.4 The City may request that the Artist provide additional services beyond those
required in the Scope of Service. These additional services, if performed due to
unusual circumstances outside the Artist's contract which cause the Artist extra
work and expense, shall be paid for by the City in addition to the agreed upon fee
set forth in paragraph 4.2 above, provided that the Artist first obtains prior
authorization of the extra expense(s) by the City.
SECTION 6. HOLD HARMLESS AND INDEMNIFICATION
6.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any and all claims, actions,
suits, liability, loss, expenses, damages and judgments of any nature
whatsoever, including reasonable costs and attorneys' fees in defense thereof,
for injury, sickness, disability or death to persons or damage to property or
business, caused by or arising out of the acts, errors or omissions of the Artist, its
officers, employees or agents in the performance of the Contract. Provided,
however, that the Artist's obligation under this provision will not extend to injury,
sickness, disability, death or damage caused by or arising out of the sole
negligence of the City, its officers, officials, employees or agents. The Artist's
duty extends to the claim by Contractors or any subcontractor's officers,
employees or agents. For the purposes of this indemnification provision, the
Artist expressly waives its immunity under Title 51 (Industrial Insurance) of the
Revised Code of Washington and acknowledges that this waiver was mutually
negotiated by the parties.
6.2 Provisions of this section shall survive the expiration or termination of this
agreement.
6.3 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
Artist, the Artist's employees, agents or subcontractors.
SECTION 7. INSURANCE
7.1. Insurance coverage is not required during the design phase of this contract
or while the Artist is completing work on the artwork in his/her studio. Prior to the
commencement of anyon-site installation or fabrication, the Artist and/or his/her
subcontractors shall purchase and maintain for the duration of anyon-site
fabrication and/or installation, insurance against claims for injuries to persons or
damages to property that may arise from, or in connection with, the performance
of work done by the Artist, his/her agents, representatives,~employees, and/or
subcontractors
7.2. The Artist and/or his/her subcontractors shall pay for the costs of the
required insurance.
7.3. All insurance policies shall name the City of Bremerton, its officers, officials,
employees and agents as additional insured's as respects liability arising out of
activities performed by or on behalf of the Artist in connection with this Contract.
7.4 Any deductibles or self-ins.ured retentions must be declared to, and approved
by, the City. The deductible and/or self-insured retention of the policies shall not.
apply to the Artist's liability to the City and shall be the sole responsibility of the
Artist.
7.5 The Artist's insurance shall apply separately to each insured against whom
claim is made and/or lawsuit is brought.
7.6 The Artist's insurance coverage shall be the primary insurance as respect to
the City, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the City, its officers, officials, employees, or agents shall
not contribute to the Artist's insurance or benefit the Artist in any way.
7.7 The minimum scope and minimum limits of insurance required by this
contract are as follows:
1. WORKERS COMPENSATION: Coverage as required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington.
2. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part of this
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for the purpose of this
contract section shall mean any services provided by a licensed professional,
such as structural review or engineering.
A. The Artist will include all subcontractors as insured's under its policies or
will finish separate certificates and endorsements for each subcontractor. All
coverage for subcontractors will be subject to all of the requirements stated
in these provisions.
B. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor are they
limitations on indemnification.
C. If the Artist will be construc1tn~l1tre-artwork-<:5n-stte;-th-e-Artist-will provide
$1,000,000 Commercial General Liability Insurance.
7.8 Verification of Coverage and Acceptability of Insurers.
A. The Artist shall place insurance with insurers licensed to do business in
the State of Washington and having A.M. Best Company ratings of no less
than A-VII, with the exception that excess and umbrella coverage used to
meet the requirements for limits of liability or gaps in coverage need not be
placed with insurers or re-insurers licensed in the State of Washington.
B. The Artist shall furnish the City with properly executed certificates of
insurance or a signed policy endorsement that will clearly evidence all
insurance required in this Section within 10 days after the effective date of the
Contract. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract may not be
materially changed, canceled, or allowed to expire, except on 30-days' prior
written notice to the City. Any certificate or endorsement limiting or negating
the insurer's obligation to notify the City of cancellation or changes must be
amended so as not to negate the intent of this provision.
C. The Artist shall furnish the City with evidence that the additional-insured
provision required above has been met. Acceptable forms of evidence are the
endorsement pages of the policy showing the City as an additional insured.
D. Written notice of cancellation or change shall be mailed to the City at the
following address:
Risk Management Division
City of Bremerton Legal Department
345 - 6th Street, Suite 600
Bremerton, WA 98337
E. The Artist or his/her broker shall provide a copy of all insurance policies
specified inthe Contract upon request of the City of Bremerton Risk Manager.
SECTION 8. TERMINATION
8.1 The City may terminate the Contract in whole or in part whenever the City
determines, in its sole discretion, that such termination is in the best interests of
the City. The City may terminate the Contract upon giving the Contractor 10-
days' written notice. In that event, the City will pay the Contractor for all costs
incurred by the Contractor in performing the Contract up to the date of such
notice, subject to the other provisions of the Contract.
8.2 If funding for the underlying project or matter is withdrawn, reduced or
limited in any way after the Contract is signed or becomes effective, the City may
summarily terminate the Contract notwithstanding any other termination provision
in the Contract. Termination under this provision will be effective upon the date
specified in the written notice of termination sent by City to the Artist. No costs
incurred after the effective date of the termination will be paid.
8.3 If the Artist breaches any of its obligations under the Contract, and fails to
cure the breach within 10 days of written notice to do so by the City, the City may
terminate the Contract. In that event, the City will pay the Artist only for the costs
of services accepted by the City. Upon such termination, the City, at its
discretion, may obtain performance of the work elsewhere, and the Artist will
bear all costs and expenses incurred by the City in completing the work and all
damages sustained by the City by reason of the Artist's breach.
SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING
9.1 The Artist will perform under the Contract using only its bona fide employees
or agents, and the obligations and duties of the Artist under the Contract will not
be assigned, delegated or subcontracted to any other person or firm without the
prior express written consent of the City.
9.2 The Artist warrants that it has not paid, nor has it agreed to pay, any
company, person, partnership or firm, other than a bona fide employee working
exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or
other consideration contingent upon or resulting from the award or making of the
Contract.
SECTION 10. INDEPENDENT CONTRACTOR
10.1 The Artist's services will be furnished by the Artist as an independent
contractor and not as an agent, an employee or a servant of the City. The Artist
specifically has the right to direct and control Artist's own activities in providing
the agreed services in accordance with the specifications set out in the Contract.
The Artist and/or his/her agents or employees and/or sub-contractors shall make
no claim of career service or civil service rights which may accrue to a City
employee under state or local law.
10.2 The Artist acknowledges that the entire compensation for the Artist is set
forth in the compensation provisions of the Contract and the Artist is not entitled
to any City benefits, including, but not limited to: vacation pay; holiday pay; sick
leave pay; medical, dental or other insurance benefits; fringe benefits; or any
other rights or privileges afforded to City employees.
10.3 The Artist will have and maintain complete responsibility and control over
all of its subcontractors, employees, agents and representatives. No
subcontractor, employee, agent or representative of the Artist will be or be
deemed to be, or act or purport to act, as an employee, agent or representative
of the City.
10.4 The City assumes no responsibility for the payment of any compensation,
wages, benefits, or state and/or federal taxes by, or on behalf of, the Artist. The
Artist shall protect, indemnify and hold harmless the City its officials, officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from
1) The Artist's failure to pay any compensation, wages, benefits, or taxes;
and/or
2) The Artist's receipt of work, services, materials, or supplies from the
Artist's employees, suppliers or sub-contractors in connection with or
support of the Artist's performance of services contracted for herein.
. 10.5 The Artist further agrees that he/she is financially responsible for and will
repay the City all indicated amounts following an audit which occurs due to the
negligence, intentional act and/or failure for any reason to comply with the terms
of this contract by the Artist, his/her employees, or agents. The Artist's obligation
to repay the City shall not be diminished or extinguished by the prior termination
of the contract pursuant to the Duration of Contract, or the Termination Section.
SECTION 11. NONDISCRIMINATION
11.1 The Artist, its assignees, delegates or subcontractors will not discriminate
against any person in performance of any of its obligations under the Contract on
the basis of race, color, creed, religion, national origin, age, sex, marital status,
sexual orientation, veteran status or the presence of any disability.
SECTION 12. OWNERSHIP OF MA TERIALSIWORKS PRODUCED
12.1. The Artist and City agree that any proposal to alter, modify, or otherwise
change the work of the Artist shall be first discussed with the Artist. The City will
make a good faith effort to contact the Artist and obtain written approval to
proceed with the proposed alteration, modification, or change; such approval
shall not be unreasonably withheld by the Artist. If an alteration, modification or
change should occur, the Artist reserves the right to request that the work no
longer be represented as the work of the Artist and to have his/her name
removed from any plaque or other identification of the Artwork provided that the
Artist shall make this request to the City in writing.
12.2 The Artist agrees the City will be granted royalty-free the authority to
incorporate the project artwork in construction documents for the purposes of
constructing and completing the project.
12.3 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication.
12.4 The Artist shall register the project and place a copyright notice on or near
the project in the form and manner required to protect copyrights of the project
under United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator with a
copy of the application for registration, the registration number and the effective
date of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project.
12.5 The Artist hereby grants the City permanent, assignable, non-exclusive
royalty-free permission to make, or cause to be made, photographs and other
two dimensional reproductions and models of the project for educational, project
awards, public relations, tourism, arts promotional purposes without payment of a
royalty to the Artist. For purposes of this Agreement, the following are among
those deemed to be permissible reproductions for the above cited purposes:
brochures and pamphlets pertaining to the Engineer and Owner; reproduction in
exhibition catalogues, project awards, books, slides, photographs, postcards,
posters, and calendars; in art magazines, art books and art and news sections of
newspapers; in general books and magazines not primarily devoted to art; slides
and film strips; and television. On any and all such reproductions a copyright of
the project under the United States Copyright Law and credit to the Artist will
appear. The Artist agrees that all written references to and reproductions to the
project shall include the following credit line:
"This project was sponsored by the City of Bremerton's 1 % For The Arts
program."
SECTION 13. PATENT/COPYRIGHT INFRINGEMENT
13.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any claimed action, cause or
demand brought against the City, where such action is based on the claim that
information supplied or work performed by the Artist or subcontractor infringes
any patent or copyright or other intellectual property or proprietary right. The
Artist will be notified promptly in writing by the City of any notice of such claim.
13.2. All reproductions made by the City shall contain a credit to the Artist and a
copyright notice substantially in the following form: '''Copyright, Artist's name, all
rights reserved, dates", in such a manner and location as shall comply with the
U.S. Copyright Laws.
SECTION 14. DISPUTES
14.1 Differences, disputes and disagreements between the Artist and the City
arising under or out of the Contract will be brought to the attention of the City at
the earliest possible time so that the matter may be settled or other appropriate
action promptly taken. The City's contract representative or designee will decide
any dispute relating to the quality or acceptability of performance or
compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 15. MISCELLANEOUS
15.1 No Waiver. The parties agree that the excuse or forgiveness of
performance, or waiver of any provisions of the Contract, does not constitute a
waiver of such provision or future performance, or prejudice the right of the
waiving party to enforce any of the provisions of the Contract at a later time.
15.2 Tax Payments. The Contractor will pay all applicable federal, state and
local taxes, fees (including licensing fees) and other amounts.
15.3 Personnel Removal. The Contractor agrees to remove immediately any of
its subcontractors, employees, agents or representatives from assignment to
perform services under the Contract upon receipt of a written request to do so
from the City's contract representative or designee.
15.4 Legal Compliance. The Contractor and its subcontractors, employees,
agents and representatives will comply with all applicable federal, state and local
laws, rules and regulations in their performance under the Contract.
15.5 The Artist and/or his/her subcontractors, shall maintain records in
accordance with generally accepted accounting procedures and other evidence
of all expenses incurred in the performance of this contract. The City and/or
Federal/State officials shall, for the purpose of examination and audit, have
access to and be permitted to inspect such records and other evidence of costs
and expenses charged to the City and/or incurred for the Artwork for a period of
six (6) years after termination of contract.
15.6 Severability. If a court of competent jurisdiction holds any provision of the
Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of
the remaining provisions will not be affected, and the parties' rights and
obligations will be construed and enforced as if the Contract did not contain the
particular provision held to be invalid. If any provision of the Contract conflicts
with any statutory provision of the State of Washington, the provision will be
deemed inoperative to the extent of the conflict or modified to conform to
statutory requirements.
15.7 Entire Agreement. The parties acknowledge that the Contract is the
complete expression of their agreement regarding the subject matter of the
contract. Any oral or written representations or understandings not incorporated
in the Contract are specifically excluded,
15.8 Notices. Any notices will be effective if personally served upon the other
party or if mailed by registered or certified mail, return receipt requested, to the
addresses set out in the contract representatives provision of the Contract.
Notice may also be given by facsimile with the original to follow by regular mail.
Notice will be deemed to be given three days following the date of mailing, or
immediately if personally served. For service by facsimile, service will be
effective at the beginning of the next working day,
DATED this_day
,200_,
DATED this_day.
,200_,
ARTIST
CITY OF BREMERTON
By:
(Signature)
Print Name:
Title:
EXHIBIT A: DESCRIPTION OF SERVICES
***************************
CONTRACT FOR COMMISSIONED ARTWORK
Marion Jamieson and Colin Race dba Composite Creations (the "Artist") and City
of Bremerton, (the "City") mutually agree that the Artist create artwork for the
"Sculpture on Pacific Avenue" (the "Project"). The Artist will be expected to
coordinate the fabrication and installation of the artwork with the Arts
Commission Staff.
The Artist agrees that an essential element of this agreement is the skill and
creativity of the Artist. The Artist, therefore, shall not assign the creative or artistic
portions of the work to another party without the consent of the City.
Design and proposal development has been completed by the Artist under a
separate contract. Issuance of this contract will be considered notice to proceed
to fabrication and implementation of the approved design.
The Artist shall:
. Notify the Arts Commission if a significant change occurs in the scope,
material, design or siting of the work subsequent to preliminary design
appr<?val, and submit the proposed changes for review prior to
implementing the changes.
. Warrant that the work is an original product of his/her own creative effort.
. Guarantee the integrity of the materials and fabrication and installation
techniques for a period of seven years after installation.
. Specify the limit of the edition if an artwork is selected which can be
reproduced as an edition.
. Notify City of Bremerton's Arts Commission staff of any changes of
address during the project and following completion of the project for as
long as the City shall own the artwork.
. Provide regular reports to the Arts Commission as to the status of the
project during the construction phase. The Artist will allow for studio visits
from the Arts Commission as requested by Arts Commission staff.
Implementation & Fabrication
A. The artwork will consist of: See attached proposal from artist. Exhibit A.
B. The total budget shall not exceed $7,100.00 for the fabrication and installation
of the artwork. An approved budget is attached as part of this contract. The
Artist shall provide all labor and materials necessary to produce and complete a
finished work of art; delivery of artwork; and installation of the artwork.
C. The artwork must be completed in accordance with the construction
schedule. The estimated completion date is September 1, 2009. This date may
be amended by mutual agreement of the Artist and the City.
1. It is the responsibility of the "Project Manager" and/or the "Contractor"
to inform the Arts Commission Staff and the Artist in writing of all
construction scheduling information as it becomes available and
deadlines relevant to the Artist's project; and all provisions set forth for
working within the project areas.
2. The Artist shall be responsible for completion of fabrication, delivery
and installation of the artwork in accordance with the agreed upon
schedule. The Artist will seek out regular updates from the Arts
Commission Staff, Contractor and Project Manager regarding schedule
for completion and installation of the artwork.
3. The Artist shall coordinate the schedule for implementation and
completion of all studio fabrication with the Arts Commission staff.
4. The Artist shall coordinate all activities necessary for implementation of
on-site fabrication, delivery and installation with the Contractor. On-
site activities must be coordinated in accordance with the construction
schedule. Artists and their sub-contractors and installers must comply
with all provisions provided by the Contractor or the Project Manager
for working within the project areas.
D. In the event that the Artist must make changes to the design during
construction; the Artist shall present any significant changes in the scope, design,
character or medium of the project to the City for approval. Significant aesthetic
changes must be approved by the Arts Commission.
E. In the event that the City must make changes to the designated artwork site
during construction, the Artist will be notified immediately of the proposed
changes. The Arts Commission staff and Project Manager will work with the
Artist to find means of mitigating any negative impacts to the art projects. Any
changes required of the Artist shall require a written change order and the
increased cost of such change order in Artist's labor and materials shall be
added to the contract amount.
F. The Artist will provide information to the City regarding materials and finishes
to be used in the creation of the artworks. Substitutions may be requested by the
City in the event that the proposed materials do not comply with health and
safety issues, ADA requirements or fire code ratings.
G. Upon completion of the artwork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by Arts
Commission staff.
2. Provide photographic documentation of the artwork at the completion of
the project. Photographic documentation will be submitted in the form of
one (1) black and white 8'x10" photograph and two (2) color slides.
3. Submit a maintenance report for the project to the Arts Commission
staff. The report will provide detailed instructions regarding routine and.
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project
in the form and manner required to protect copyrights of the project under
United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator
with a copy of the application for registration, the registration number and
the effective date of registration. Except as provided in this Agreement,
the Artist retains all copyrights in the project including its preliminary
design and incidental works created for the Project
5. Submit an Artist's statement concerning the artwork purchased under
this agreement; and
6. Submit the Artist's professional resume.
Composite Creations Sculpture Project Anima
Scope of Work
Activity
Design
create 1" = 6" scale maquette
cut full-scale templates for cutting steel
Fabrication
plasma cut steel
clean & wire brush steel in preparation for welding
weld steel in place
grind welds
wire brush surface in preparation for clear coat
clear coat all surfaces to prevent rust & graffiti
Shipping from Vancouver to Bremerton
obtain customs clearance including border crossing
lift piece into truck
return travel from Vancouver to Bremerton @4 hrs each
way x 2 artists
Installation
hammer drill three bolt holes into sidewalk
lift piece out of truck and into place
fasten Hilti studs into place with lock washers & nuts
Total hours
April 10, 2009
Hours
10
15
30
25
30
40
20
10
6
2
8
1
2
1
200
EXHIBIT B: COMPENSATION & PAYMENT SCHEDULE
The Artist will be paid a total of $7,100.00 for the scope of work included in this
contract. The payments will be made as follows:
1. $2,366.67upon activation of the contract for the purchase of materials.
Estimated completion date to be determined.
2. $2,366.67 upon 100% completion of studio fabrication
Estimated completion date to be determined.
3. $2,366.66 upon completion of installation, receipt of support materials,
and final acceptance of the artwork.
Estimated com'pletion date to be determined.
At each fee/fabrication milestone outlined above, the Artist will submit a brief
written report, which describes project progress to date. The Artist should submit
samples of materials if they are available.
All Invoices should be mailed or delivered to: '
Pam Bykonen, Staff
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, WA 98337
The Artist will submit the final invoice and other documents as are required by
this Contract within sixty (60) days of completion of the Scope of Service. Unless
waived by the City in writing, failure by the Artist to submit the final invoice and
required documents will relieve the City from any and all liability for payment to
the Artist for the amount set forth in such invoice or in any subsequent invoice.
Composite Creations
Sculpture Project
Anima Budget
April 10, 2009
Item Cost $US
Materials & Supplies
4 sheets 1/8" mild steel @ $140/sheet ,560
weldinq wire 40
welding gas 65
clea r coat 100
Installation
hardware (bolts, washers, screws) 40
rental of hammer drill 100
Shipping
customs broker fee 45
bond premium 30
gas for truck 80
Subtotal 1060
taxes @ 130/0 138
1198
Continqencies @100/0 120
Total Materials & Installation 1318
Artists' fees
200 hours of artist's labour @$28.91/hr 5782
Total 7100
,
Composite Creations
Sculpture Project
Anima Budget
April is, 2009
Item Cost $US
--
Materials & Supplies
4 sheets 1/8" mild steel @ $140/sheet 560
~elding wire 40
welding gas 65
clear coat 100
subtotal materials . 765
- --
Installation
--
hardware (bolts, washers, screws) 40
rental of hammer drill 100
--
~~pping
customs broker fee 45
1----.
bond premium 30
-~
Iqas for truck Jill
!
-~
Other 1825
--
taxes @ 130/0 237
t---
Subtotal 2062
_Contingencies @100/0 of materials & supplies 206
-~
Total Materials & Installation 2268
--
Taxes
--
8.60/0 Washington State sales tax on total contract 611
--
Subtotal 2879
Artists' fees --
200 hours of artist's labour @$21.10/hr 4221
.' --
Tota I 1100
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# 09-100
DATE SUBMITTED: April 15,2009
5M
........................................................................................
SUBJECT: Purchase of three sculptures
from CJ Rench of Hood River, Oregon.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: DCD.
Presenter: John Ales, Arts Comm.
Phone: Pam Bykonen 473-5202
SUMMARY: The Arts Commission opened a Call for Sculpture Artists on October 1, 2008. The
Call closed on December 31, 2008 and resulted in 75+ artist applications from around the US. After a
lengthy selection process, the Arts Commission narrowed their choice to seven artists. CJ Rench is an
artist located in Hood River, OR. He has proposed a series of pedestrian scale sculptures titled
"Constellations" to be installed at the south entrance to Evergreen Rotary Park. Mr. Rench's artwork
was presented to the Parks Commission on March 31, 2009. The Parks Commission approved Mr.
Rench's work and supported the Arts Commission's effort to install public art in Evergreen Rotary
Park and along Pacific A venue.
A TT ACHMENTS: Proposed contract, scope of work, and invoice
A. Proposed contract with CJ Rench.
B. Image of proposed sculpture.
C. Proposed invoice.
FIS~CALIMPACTS (Include Budgeted Amount): $20,000.00 fromthe 1% ForArts program fund-.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
h~ .
/It./.. ~
g::;" : C:.. /< ~~J/
CONSENT AGENDA IiJ
GENERAL BUSINESS D
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the contract to purchase three sculptures from CJ
Rench and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny D Table
o Continue D No Action
CONTRACT FOR PURCHASED ARTWORK
THIS CONTRACT is entered into by CITY OF BREMERTON (the "City"), having
its principal offices at 345 - 6th Street, Suite 600 and Chris J. Rench, (the "Artist")
whose principal address is: 2019 Montello Avenue, Hood River, OR 97031
Telephone: (541) 399-3830, cj@ckrdesignstudio.com .
In consideration of the mutual benefits and covenants contained herein, the City
and the Artist agree as follows:
SECTION 1. EFFECTIVE DATE OF CONTRACT
The Contract will become effective on execution and terminate on December 31,
2009 or completion and approval of installation, whichever occurs first. In no
event will the Contract become effective unless and until it is approved and
executed by the City Council.
SECTION 2. SERVICES TO BE PROVIDED
2.1 A description of the services to be performed by the Artist is set forth in
Exhibit A: Description of Services, which is attached to the Contract and
incorporated by this reference.
2.2 The Artist agrees to provide his own labor and materials. Unless otherwise
provided for in the Contract, the City will furnish no material, labor or facilities.
2.3The Artist will perform the work specified in the Contract according to
standard industry practice.
2.4 The Artist will complete his work in a timely manner and in accordance with
the schedule agreed to by the parties.
2.5 The Artist will perform the services set forth above and required under this
contract in a satisfactory and competent manner. Should the Artist employ and
subcontract with any third. persons in the performance of this contract, the Artist
agrees that all such third persons will be bound by the tE;trms and conditions of
this contract. The Artist agrees to comply with all applicable City, local, state and
federal laws, regulations and ordinances regarding performance of all work
necessary to complete the services contracted for herein.
2.6 The Artist will confer with the Arts Commission and City staff from time to
time during the progress of the work. The Artist will prepare and present st:ltus
reports and other information that may be pertinent and necessary, or as may be
requested by the Arts Commission or mandated in Exhibit A.
SECTION 3. CONTRACT REPRESENTATIVES
The City and the Artist will each have a contract representative. A party may
change 'its representative upon providing' written notice to the other party. The
parties'representatives are as follows:
City's Contract Representative
Pam Bykonen
345b - 6th Street, Suite 600
Bremerton, WA 98337
360-3473-5202
360-473-5278 (fax)
Pam.Bykonen@ci.bremerton.wa.us
Contractor's Contract Representative
SECTION 4. COMPENSATION
4.1 A description of the compensation to be paid to the Artist is set forth in
Exhibit A: Compensation, which is attached to the Contract and incorporated by
this reference.
4.2. The total amount payable under the Contract by the City to the Artist in no
eventwill exceed $20,000.00.,
4.3. The City shall determine dates of completion for stages of the project. The
artist may submit an invoice to the City after each stageds completed. 'Subject to
the other provisions of the contract, the City will generally pay such an invoice
within 30 days of receiving it. It is understood that the City has no obligation
regarding sales commissions or any agreements with galleries or agents with
whom the Artist may have contracted.
4.4 The Artist will be paid only for work expressly authorized in the Contract.
4.5 The Artist will notbe entitled to paymentfor any services:thatwere
performed prior to the effective/date ofthe Contract or after its'termination,
unless a provision oftheContract expressly provides otherwise.
4.6 If the Artist fails to comply with any terms or conditions ofthis contract or to
provide in any manner the work or services agreed to herein, the City may
withhold any payment due:the Artist until the City is satisfied that corrective
action, as specified by the City, has been completed. This right is in addition to,
and not in lieu of, the City's right to terminate this contract.
4.7 In the event that the Artist breaches any of the obligations, terms and
conditions of this contract, has failed to provide in any manner the work or
services agreed to her~in, and if the City deems said breach to warrant corrective
action, the following sequ~ntial procedure shall be followed:
1. The City shall notify the Artist in writing of the nature of the
breach;
2. The Artist shall respond ,in writing within ten (10) working days of
his/her receipt of sU,ch notice, and indicate in the resp(;>ns~ the steps being taken
to correct the specified non-:-compliance actions constituting breach. The
corrective action plan s,hallspecify the proposed completion date for bringing the
Contract into compliance; ,
3. The City shall and hereafter notify the Artist in writing of the City's
determination as to the sufficiency Of the Artist'scorr~ctive action plan. The
determination of sufficiency of the Artist's Corrective action plan shall be at the
sole discretion of the City;
4. In the event that either the Artistdoes not respond or provide a
corrective action plan' within ten (10) working days or the Artist's corrective action
plan is deemed lobe in.s~ffiqient,the City may terminate this contract in whole or
in part pursu~nt tathe Termination Section; " '
5. In addition, the City may withhold any payment.owed the Artist
and/or prohibit the Artist frqm incurring additional expenses until,the City is
satisfied that corrective ~ction has been taken qr completed; and
6. Nothing herein shall b(3 deemed to affect or waive any rights the
parties may 'have pursuant to the Temllnation Section.
4.8 The contract amolJnt is inClusive Of ;all applicable ~tate and federal taxes
including any Washingtcm Sta,te Sales Tax ()wedby the City as a result of this
contract. It is the responsibility of the Artist to' remit any sales tax~s to the'
Washington State Department of Revenue. ' .
SECTION 5. AMENDMENTS AND CHANGES IN WORK - WARRANTIES
5.1. The Artist warrants that the design or work being commissioned is the
original product of his/her own creative efforts.
5.2., The Artist shall be responsible for a period of seven years from the date of
installation of. the ArtworkJor the integrity ofthe m,aterials and fabrication
techniques of the artWork and the installation. Artist's liability for breach of this
warranty shall be limited to the cost of repairs of the artWork'~md/or the
installation. The responsibility for the determination of ~he Artist's liability for faults
or defects in the work during the one-year period shall be solely that of the City.
The Artist is not expected to warrant damages caused by vandalism, normal
wear and tear and natural occurrences such as storms,fires, floods arid
earthquake damage.
5.3 In order to be effective, any Contract renewal, amendment or modification
must be in writing, be signed by both parties and be attached to the Contract.
Work under a renewal, an amendment or ~ modification may not commence until
the renewal, amendment or modification has been approved by the Arts .
Commission, as well as the City Council, and has become effective.
. .
6.1 The Artist will hold harmles~, indemnify and defend the City, its offICers,
officials, employees and agen~s,'from and against any. and all claims, actions,
suits, liability, loss, expenses, damages and judglJ1ents of any nature
whatsoever, including reasonable costs and attonieys' fees in defense thereof,
for injury, sickness, disability or death to persons or damage to property or
business, caused by or arising out of th'e acts, errors or omissions of the Artist, its
officers, employees or agents in the performance of the Contract. Provided,
however, that the Artist's obligation un<:l~r this provision will not extend to injury,
sickness, disability, death or damage caused by or arising out of the sole
negligence of the City, its officers, officials, employees or agents. The Artist's
duty extends tothe claim by Contractors or any subcontractor's officers,
employees or agents. For the r:)urposes .of thi$indemnification provision, the
Artist expressly waives its immunitY u.hder Title 51 (Industrial Insurance) of the
Revised Code of Washington and acknowledges that this waiver was mutually
negotiated by the parties.
6.2 Provisions of this section shall survive the expiration or termination of this
agreement. .
6.3 The Artist's obligations under these provisions include, but are not limited to,
investigating, adjusting and defend.ing all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
Artist, the Artist's employees, agents or subcontractors.
SECTION 7. INSURANCE
7.1. Insurance coverage is not required during the design phase ofthis contract
or while the Artist is completing work on the artwork in his/her studio. Prior to the
commencement of anyon-site installation or fabrication, the Artist and/or his/her
subcontractors shall purchase and maintain for the duration of anyon-site
fabrication and/or installation, irlsurance against claims for injuries to persons or
damages to property that may arise frorn, or in connection with, the performance
of work done by the Artist, his/her agents, representatives, employees, and/or
subcontractors
7.2. The Artist and/or his/her subcontractors shall pay for the costs of the
required insurance.
7.3. All insurance policies shall name the City of Bremerton, its officers, officials,
employees and agents as additional insured's as respects liability arising out of
activities performed by or on behalf of the Artist in connection with this Contract.
7.4 Any deductibles or self-insured retentions must be declared to, and approved
by, the City. The deductible and/or self-insured retention of the policies shall not
apply to the Artist's liability to the City and shall be the sole responsibility of the
Artist.
7.5 The Artist's insurance shall apply separately to each insured against whom
claim is made .and/or lawsuit is brought.
7.6 The Artist's insurance coverage shall be the primary insurance as re~pect to
the City, its officers, officials, employees, and agents. Any insurance and/or self-
insurance maintained by the City, its officers, officials, employees, or agents shall
not contribute to the Artist's insurance or benefit the Artist in any way.
7.7 The minimum scope and minimum limits of insurance required by this
contract are as follows:
1. WORKERS COMPENSATION: Coverage as required by the Industrial
Insurance Act of the State of Washington, Title 51, Revised Code of Washington.
2. PROFESSIONAL LIABILITY: Visual Artists do NOT require professional
liability insurance. However, in the event that services delivered as a part of this
contract require professional services, Professional Liability, Errors and Omission
coverage shall be provided. "Professional Services", for thf3 purpose of this
contract section shall mean any services provided by alicEmsed professicmal,
such as structural review or engineering.
A. The Artist will include all subcontractors as insured's under its policies or
will finish separate certificates and enporsements for each subcontractor. All
coverage for subcontractors will be subject to all of the requirements stated
in these provisions.
B. The insurance limits mandated for any insurance coverage required by the
Contract are not intended to be an indication of exposure, nor ate they
limitations on indemnification.
C. If the Artistwiil be constructing the artwork on site, the Artist will provide
$1,000,000 Commercial General Liability Insurance.
7.8 Verification of Coverage and Acceptability of Insurers.
A. The Artist shall place insurance with insurers licensed to do business in
the State of Washington and having A.M. Best Company ratings of no less
than A-VII, with the exception that excess and umbrella coverage used to
meet the requirements for limits of liability or gaps in coverage need not be
. placed with insurers or re-insurers licensed in the State of Washington.
B. The. Artist shall furnish the City with properly executed certificates of
insurance or a signed policy endorsement that will clearly evidence all
insurance required in this Section within 10 days after the effective date of the
Contract. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract may not be
materially changed, canceled, or allowed to expire, except on 30-days' prior
written notice to the City. Any certificate or endorsement limiting or negating
the insurer's obligation to notify the City of cancellation or changes must be
amended so as not to negate the intent of this provision.
C. The Artist shall furnish the City with evidence that the additional-insured
provision required above has been met. Acceptable forms of evidence are the
endorsement pages of the policy showing the City as an additional insured.
D. Written notice of cancellation or change shall be mailed to the City at the
followiflg address:
Risk Management Division
City of Bremerton Legal Department
345 - 6th Street, Suite 600 ;
Bremerton, WA 98337
E. The Artist or his/her broker shall provide a copy of all insurance policies
specified in the Contract upon request of the City of Bremerton Risk Manager.
SECTION 8. TERMINA liON
8.1 '. The City may terminate. the Contract in whole or in part whenever the City
determines, in its sole discretion, that such terrnination is in the best interests of
the City. The City may terminate the Contract upon giving the Contractor 10-
days' written noti~. In tt,latevent, the City will pay the Contractor for all costs
incurred. by th~ ContraGtorin performing the Contract up to the date of such
notice, subject to the other provisions ofthe Contract.
8.2 If funding for the underlying project or matter is withdrawn, reduced or
limited in any way after the Contract is signed' or becomes effective, the City may
summarily terminate the Contract notwithstanding any other termination provision
in the Contract. Termination under this provision will be effective upon the date
specified in the written notice of termination sent by City to the Artist. No costs
incurred after the effective date of the termination will be paid.
8.3 If the Artist breaches any of its obligations under the Contract, and fails to
cure the breach within 10 days of written notice to do so by the City, the City may
terminate the Contract. In that event, the City will pay the Artist only for the costs
of services accepted by the City. Upon such termination, the City, at its
discretion, may obtain performance of the work elsewhere, and the Artist will
bear all costs and expenses incurred by the City in completing the work and all
damages sustained by the City by reason of the Artist's breach.
SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING
9.1 The Artist will perform under the Contract using only its bona fide empl~yees
or agents, and the obligations and duties of the Artist under the Contract will not
be assigned, delegated or subcontracted to any other person or firm without the
prior express written consent of the City.
9.2 The Artist warrants that it has not paid, nor has it agreed to pay, any
company, person, partnership or firm, other than a bona fide employee working
exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or
other consideration contingent upon or resulting from the award or making of the
Contract.
SECTION 10. INDEPENDENT CONTRACTOR
10.1 The Artist's services will be furnished by the Artist as an independent
contractor and not as an agent, an employee or a servant of the City. The Artist
specifically has the right to direct and. control Artist's own activities in providing
the agreed services in accordance with the specifications set out in the Contract.
The Artist and/or his/her agents or employees and/or sub-contractors shall make
no claim of career service or civil service rights which may accrue to a City
employee under state or local law.
10.2 The Artist acknowledges that the entire compensation for the Artist is set
forth in the compensation provisions of the Contract and the Artist is not entitled
to any City benefits, including, but not limited to: vacation pay; holiday pay; sick
leave pay; medical, dental or other insurance benefits; fringe benefits; or any
other rights or privileges afforded to City employees.
10.3 The Artist will have and maintain complete responsibility and control over
all of its subcontractors, employees, agents and representatives. No
subcontractor, employee, agent or representative of the Artist will be or be
deemed to be, or act or purport to act, as an employee, agent or representative
ofthe City.
10.4 The City assumes no responsibility for the payment of any compensation,
wages, benefits, or state and/or federal taxes by, or on behalf of, the Artist. The
Artist shall protect, indemnify and hold harmless the City its officials, officers,
agents, and employees from and against any and all claims, costs, and/or losses
whatsoever occurring or resulting from
1) The Artist's failure to pay any compensation, wages, benefits, or taxes;
and/or
2) The Artist's receipt of work, services, materials, or supplies from the
Artist's employees, suppliers or sub-contractors in connection with or
support of the Artist's performance of services contracted for herein.
10.5 The Artist further agrees that he/she is financially responsible for and will
repay the City all indicated amounts following an audit which occurs due to the
negligence, intentional act and/or failure for any reason to comply with the terms
of this contract by the Artist, his/her employees, or agents. The Artist's obligation
to repay the City shall not be diminished or extinguished by the prior termination
of the contract pursuant to the Duration of Contract, or the Termination Section.
SECTION 11. NONDISCRIMINATION
11.1 The Artist, its assignees, delegates or subcontractors will not discriminate
against any person in performance of any of its obligations under the Contract on
the basis of race, color, creed, religion, national origin, age, sex, marital status,
sexual orientation, veteran status or the presence of any disability.
SECTION 12. OWNERSHIP OF MATERIALSIWORKS PRODUCED
12.1. The Artist and City agree that any proposal to alter, modify, or otherwise
change the work of the Artist shall be first discussed with the Artist. The City will
make a good faith effort to contact the Artist and obtain written approval to
proceed with the proposed alteration, modification, or change; such approval
shall not be unreasonably withheld by the Artist. If an alteration, modification or
change should occur, the Artist reserves the right to request that the work no
longer be represented as the work of the Artist and to have hislher name
removed from any plaque or other identification of the Artwork provided that the
Artist shall make this request to the City in writing.
12.2 The Artist agrees the City will be granted royalty-free the authority to
incorporate the project artwork in construction documents for the purposes of
constructing and completing the project.
12.3 The Artist shall have the right to photograph, or contract to have the project
photographed, during and upon completion of construction and to provide these
photographs for publication.
12.4 The Artist shall register the project and place a copyright notice on or near
the project in the form and manner required to protect copyrights of the project
under United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall provide the City's contract administrator with a
copy of the application for registration, the registration number and the effective
date of registration. Except as provided in this Agreement, the Artist retains all
copyrights in the project including its preliminary design and incidental works
created for the Project.
12.5 The Artist hereby grants the City permanent, assignable, non-exclusive
royalty-free permission to make, or cause to be made, photographs and other
two dimensional reproductions and models of the project for educational, project
awards, public relations, tourism, arts promotional purposes without payment of a
royalty to the Artist. For purposes of this Agreement, the following are among
those deemed to be permissible reproductions for the above cited purposes:
brochures and pamphlets pertaining to the Engineer and Owner; reproduction in
exhibition catalogues, project awards, books, slides, photographs, postcards,
posters, and calendars; in art magazines, art books and art and news sections of
newspapers; in general books and magazines not primarily devoted to art; slides
and film strips; and television. On any and all such reproductions a copyright of
the project under the United States Copyright Law and credit to the Artist will
appear. The Artist agrees that all written references to and reproductions to the
project shall include the following credit line:
"This project was sponsored by the City of Bremerton's 1 % For The Arts
program. "
SECTION 13. PATENT/COPYRIGHT INFRINGEMENT
13.1 The Artist will hold harmless, indemnify and defend the City, its officers,
officials, employees and agents, from and against any claimed action, cause or
demand brought against the City, where such action is based on the claim that
information supplied or work performed by the Artist or subcontractor infringes
any patent or copyright or other intellectual property or proprietary right. The
Artist will be notified promptly in writing by the City of any notice of such claim.
13.2. All reproductions made by the City shall contain a credit to the Artist and a
copyright notice substantially in the following form: "'Copyright, Artist's name, all
rights reserved, dates", in such a manner and location as shall comply with the
U.S. Copyright Laws.
SECTION 14. DISPUTES
14.1 Differences, disputes and disagreements between the Artist and the City
arising under or out of the Contract will be brought to the attention of the City at
the earliest possible time so that the matter may be settled or other appropriate
action promptly taken. The City's contract representative or designee will decide
any dispute relating to the quality or acceptability of performance or
compensation due the Artist. All rulings, orders, instructions and decisions of the
City's contract representative will be final and conclusive.
SECTION 15. MISCELLANEOUS
15.1 No Waiver. The parties agree that the excuse or forgiveness of
performance, or waiver of any provisions of the Contract, does not constitute a
waiver of such provision or future performance, or prejudice the right of the
waiving party to enforce any of the provisions of the Contract at a later time.
15.2 Tax Payments. The Contractor will pay all applicable federal, state and
local taxes, fees (including licensing fees) and other amounts.
15.3 Personnel Removal. The Contractor agrees to remove immediately any of
its subcontractors, employees, agents or representatives from assignment to
perform services under the Contract upon receipt of a written request to do so
from the City's contract representative or designee.
15.4 Legal Compliance. The Contractor and its subcontractors, employees,
agents and representatives will comply with all applicable federal, state and local
laws, rules and regulations in their performance under the Contract.
15.5 The Artist and/or his/her subcontractors, shall maintain records in
accordance with generally accepted accounting procedures and other evidence
of all expenses incurred in the performance of this contract. The City and/or
Federal/State officials shall, for the purpose of examination and audit, have
access to and be permitted to inspect such records and other evidence of costs
and expenses charged to the City and/or incurred for the Artwork for a period of
six (6) years after termination of contract.
15.6 Severability. If a court of competent jurisdiction holds any provision of the
Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of
the remaining provisions will not be affected, and the parties' rights and
obligations will. be construed and enforced as if the Contract did not contain the
particular provision held to be invalid. If any provision of the Contract conflicts
with any statutory provision of the State of Washington, the provision will be
deemed inoperative to the extent of the conflict or modified to conform to
statutory requirements.
15.7 Entire Agreement. The parties acknowledge that the Contract is the
complete expression of their agreement regarding the subject matter of the
contract. Any oral or written representations or understandings not incorporated
in the Contract are specifically excluded.
15.8 Notices. Any notices will be effective if personally served upon the other
party or if mailed by registered or certified mail, return receipt requested, to the
addresses set out in the contract representatives provision of the Contract.
Notice may also be given by facsimile with the original to follow by regular mail.
Noti~ will ,be deemed to be given three days following the date of mailing, or
immediately if personally served. For service by facsimile, service will be
effective at the beginning of the next working day.
DATED this_day
,200_.
DATED this_day
,200_.
ARTIST
CITY OF BREMERTON
By:
(Signature)
Print Name:
Title:
EXHIBIT A: DESCRIPTION_ OF SERVICES
***************************
CONTRACT FOR PURCHASED ARTWORK
Chris J. Rench (the "Artist") and City of Bremerton, (the "City") mutually agree
that the Ptrtist provide for sale specific artwork for the "Sculpture on Pacific
Avenue" (the "Project"). The Artist will be expected to coordinate the installation
of the artwork with the Arts Commission Staff.
The Artist shall:
. Warrant that the work is an original product of his/her own creative effort.
. Guarantee the integrity of the materials and fabrication and installation
techniques for a period of seven years after installation.
. Specify the limit of the edition if an artwork is selected which can be
reproduced as an edition.
. Notify City of Bremerton's Arts Commission staff of any changes of
address during the project and following completion of the project for as
long as the City shall own the artwork.
Implementation & Fabrication
A. The artwork will consist of: See attached proposal from artist. Exhibit A.
B. The total budget shall not exceed $20,000.00 for the purchase and installation
of the artwork. An approved budget is attached as part of this contract. The
Artist shall provide all labor and materials necessary to produce a finished work
of art; delivery of artwork; and installation of the artwork.
C. The artwork must be completed in accordance with the installation schedule.
The estimated installation date is July 1, 2009. This date may be amended by
mutual agreement of the Artist and the City.
1. It is the responsibility of the "Project Manager" and/or the "Contractor"
to inform the Arts Commission Staff and the Artist in writing of all
construction scheduling information as it becomes available and
deadlines relevant to the Artist's project; and all provisions set forth for
working within the project areas.
2. The Artist shall be responsible for delivery and installation of the
artwork in accordance with the agreed upon schedule. The Artist will
seek out regular updates from the Arts Commission Staff, Contractor
and Project Manager regarding schedule for site preparation and
installation of the artwork.
3. The Artist shall coordinate all activities necessary for implementation of
on-site fabrication, delivery and installation with the Contractor. On-
site activities must be coordinated in accordance with the construction
schedule. Artists and their sub-contractors and installers must comply
with all provisions provided by the Contractor or the Project Manager
for working within the project areas.
E. In the event that the City must make changes tQ the designated artwork site
during construction, the Artist will be notified immediately of the proposed,
changes. The Arts Commission staff and Project Manager will work with the
Artist to find means of mitigating any negative impacts to the art projects. Any
changes required of the Artist shall require a written change order and the
increased cost of such change order in Artist's labor and materials shall be
added to the contract amount.
F. The Artist will provide information to the City regarding materials and finishes
to be used in the creation of the artworks. Substitutions may be requested by the
City in the event that the proposed materials do not comply with health and
safety issues, ADA requirements or fire code ratings.
G. Upon completion of the artWork and prior to final payment, the Artist must:
1. Make public presentations regarding the artwork as requested by Arts
Commission staff.
2. Provide photographic documentation of the artwork at the completion of
, the project. Photographic documentation will be submitted in the form of
one (1) black and white 8'x10" photograph and 'two (2) color slides.
3. Submit a maintenance report for the project to the Arts Commission
staff. The report will provide detailed instructions regarding routine and
extraordinary maintenance of the artwork, including specifications for any
replaceable units or specialty fabricated parts such as tiles, grates, grouts,
paint colors, or other surface finishes, plantings, or multiple-cast elements.
4. Register the project and place a copyright notice on or near the project
in the form and manner required to protect copyrights of the project under
United States copyright law. If the copyright is registered with the US
Copyright Office, the Artist shall 'provide the City's contract administrator
with a copy of the application for registration, the registration number and
the effective date of registration. Except as provided in this Agreement,
the Artist retains all copyrights in the project including its preliminary
design and incidental works created for the Project
5. Submit an Artist's statement concerning the artwork purchased under
this agreement; and
6. Submit the Artist's professional resume.
COMPENSA liON & PA YMENl SCHEDULE
2. $10,860.00 upon completion of installation, receipt of support
materials,. and final acceptance of the ~rtwork.
Estimated completion <;fate to be determined.
All Invoices should be mailed or delivered to:
Pam Bykonen, Staff
City of Bremerton 1 % For the Arts Program
345 - 6th Street, Suite 600
Bremerton, WA 98337
The Artist will submit the final invoice and other documents as are required by
this Contract within sixty (60) days of completion of the Scope of Service. Unless
waived by the City in writing, failure by the Artist to submit the final invoice and
required. documents will relieve the City from any and all liability for payment to
the Artist for the amount setforth in such invoice or in any subsequent invoice.
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DATE SUBMITTED: April I, 2009
BILL # OCj - 101
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
s~
.........a..............................................................................
SUBJECT: Statewide Electronic Collision
and Ticket On-Line Records (SECTOR)
System Agreement
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: Police
Presenter: Chief Rogers
Phone: 473-5224
SUMMARY: The Bremerton Police Department is participating in the SECTOR program. It will
allow officers to carry-out their traffic enforcement and collision reporting duties more efficiently.
The equipment includes a bar code reader, electronic ticketing device and printer. All Patrol vehicles
will be equipped with the system under the 2007 COPS Technology grant.
ATTACHMENTS: The Statewide Electronic Collision and Ticket On-Line Records System
Agreement
FISCAL IMPACTS (Include Budgeted Amount): None. The SECTOR funding is provided through
the 2007 COPS Technology grant.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
.~~.:
0~ :,_ ,h-~
CONSENT AGENDA ~.
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to accept the Statewide Electronic Collision and Ticket On-
Line Records System and approve the Mayor to execute the contract agreement with the Washington
State PatroLin substantially the same form as attached.
COUNCIL ACTION: D Approve D Deny 0 Table
D Continue D No Action
WSP No.
WSDOT No.
WASHINGTON STATE PATROLl
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
ELECTRONIC COLLISION REPORTS & ELECTRONIC COLLISION RECORDS
USER'S AGREEMENT
This AGREEMENT is entered into between the Washington State Patrol (hereinafter "WSP"), the Washington
State Department of Transportation (hereinafter "WSDOT"), both agencies of the State of Washington, and
Bremerton Police Department, a Municipal Police AQencv {insert type of organization}
(hereinafter "the User").
RECITALS
A. In 1938, state law (currently RCW 46.52.060) authorized the WSP to file, tabulate and analyze collision reports
and produce certain statistical information about collisions. For the next thirty years, the WSP maintained a largely
manual system for filing collision reports generated over approximately five-year periods. The WSP also produced
some limited statistical collision data, primarily fatality and accident rate summaries, using paper punch card
technology. Analysis of collision data for highway safety purposes was not possible because the state did not
have a uniform collision report, data on collision reports was primitive and inconsistent, collision reports were not
coded by precise roadway location, and no computerized database system existed.
B. In 1966 and 1973, the federal Congress enacted laws requiring states to create computerized collision
databases in order to analyze the need for highway safety improvements and participate in federal programs to
fund those improvements. The federal laws, and associated funding, provided for states to adopt uniform collision
reports containing detailed highway safety coding, and provided that information from these reports would be
maintained in a computerized collision database with precise location coding of all collisions. These laws were
implemented by WSP and WSDOT jointly. Beginning in approximately 1970, the WSP collected collision reports
and entered the raw data into a computer. The data was then transferred to WSDOT for creation of the collision
database required under federal law. The WSP maintained copies of individual collision records as well as its
database, while WSDOT maintained their own collision database.
C. The WSP and WSDOT systems for filing individual collision reports, entry of raw data into a computer, and
creation of the collision database, remained unchanged until 1996. By this time the original WSP computer
system used for data entry and storage and retrieval of collision records had become obsolete. An attempt to
convert to an optical character recognition system was not successful. After extensive discussion between WSP,
WSDOT and the Washington State Office of Financial Management, the agencies concluded that functions
related to the maintenance of copies of collision reports and computer input of raw collision report data could be
most efficiently performed by WSDOT in conjunction with its already existing collision database function.
Beginning in 2002,WSDOT not only created the collision database required by federal law, but also, pursuant to
an interagency agreement with WSP, began entering all raw collision data into WSDOT's computer. In addition,
pursuant to this same interagency agreement, WSDOT began work to develop an electronic imaging system to
store and retrieve copies of individual collision reports. This imaging system was implemented in May of 2003.
D. The current system for filing paper collision reports and creating the collision database as to this User will
remain in effect until WSP, WSDOT and the User approve this Agreement establishing the new electronic system
to file collision reports and transmit collision report data to WSDOT. The Statewide Electronic Collision and Ticket
Online Records (SECTOR) software was developed through a collaborative partnership that includes the WSP,
WSDOT, Administrative Office of the Courts, Department of Licensing, and local law enforcement agencies.
SECTOR enables officers to create electronic collision reports and other forms in the field, pursuant to federal,
state and local requirements. This data is then transferred to a central database where it is available for review,
analysis and reporting by the local law enforcement agency.
E. The Department of Licensing is an agency of the State of Washington authorized by law (RCW 46.52.030) to
receive full access to collision reports for purposes of maintaining case records under RCW 46.52.120, supplying
abstracts of driving records under RCW 46.52.130, and to administer the financial responsibility requirements
WSPIWSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev. 5/22/08
Page 1 of 7
WSP No.
WSDOT No.
when drivers are involved in traffic collisions under chapter 46.29 RCW. To perform these functions, they must
review collision reports that are filed by law enforcement agencies and citizens.
F. The procedures established in this Agreement are intended to satisfy federal law (23 U.S.C. S 409) which
provides that information from the collision database created pursuant to federal highway safety laws not be
available for use in damage litigation against transportation authorities. However, under this Agreement individual
collision reports are available to all who satisfy requirements of state law for access to such reports and collision
database information is available to all who request such data except for those who request it for purposes which
violate the federal restriction on the availability of this data for use in litigation against transportation authorities. In
Pierce County v. Guillen, 537 U.S. 129, 123 S. Ct. 720,154 L. Ed. 2d 610 (2003), the United States Supreme
Court upheld the constitutionality of the federal statute as a proper exercise of federal commerce clause power to
act to prevent state tort liability from interfering with federal efforts to improve highway safety. The Federal
Highway Administration subsequently required state compliance with 23 U.S.C. S 409 as a mandatory condition
for state participation in the federal highway program.
G. The User under this Agreement is a general authority law enforcement agency within the State of Washington
and a criminal justice agency as defined in RCW 10.97.
H. The User, WSP, and WSDOT are authorized to enter into this Agreement pursuant to Chapter 39.34 RCW.
AGREEMENT
NOW THEREFORE, in light of the foregoing understandings and conditions, and other valuable considerations
more fully set out or incorporated herein by reference, the parties, by their duly authorized officials, do mutually
agree as follows:
SECTION 1 - PURPOSE
The purpose of this Agreement is to provide the User, the ability to submit traffic collision reports electronically to
WSDOT and the Washington Department of Licensing, and to protect the confidentiality of such reports as
required by law.
SECTION 2 - DEFINITIONS AND ACRONYMS
"AOC" shall mean the Washington Administrative Office of the Courts.
"DIS" shall mean the Washington Department of Information Services.
"DOL" shall mean the Washington State Department of Licensing.
"IGN" shall mean the Washington Intergovernmental Network.
"JINDEX" shall mean the Washington Justice Information Data Exchange.
"SECTOR" shall mean the Washington Statewide Electronic Collision and Ticket Online
Records application.
"SGN" shall mean the Washington State Governmental Network.
"User Contact" shall mean the User employee assigned to be the primary contact for
the User in matters relating to electronic collision reporting under this Agreement.
"WSDOT" shall mean the Washington State Department of Transportation
"WSP" shall mean the Washington State Patrol.
"WSP SECTOR System Administrator" shall mean the WSP employee designated to be
the primary system support contact for users under this Agreement.
SECTION 3 - RESPONSIBiliTIES
3.1 User Requirements. The User hereby certifies that it operates electronic equipment to create vehicle collision
reports pursuant to federal, state and local requirements.
WSPNVSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev. 5/22/08
Page 2 of 7
WSP No.
WSDOT No.
3.2 Submission and Distribution of Collision Report Data. Upon performing a review and/or approval of the
collision reports to ensure that they have been accurately completed by the investigating officer, the User will
submit the collision reports and related information electronically to the JINDEX (Justice Information Data
Exchange). The JINDEX will distribute the electronic records to the authorized agencies for analysis and reporting
purposes. These agencies include, but are not limited to, WSP, WSDOT and DOL.
3.3 Reportina Reauirements. The User will submit to WSDOT collision data that is compliant with the state's
business rules and data format and in the standardized collision report form approved by the Chief of the
Washington State Patrol. This information is available at http://www.trafficrecords.wa.gov/etrip.htm.
3.4 Modifications to Reportina Reauirements. Because business rules, data format, report forms and other items
may change in the future, the User agrees to comply with any such changes. WSDOT and WSP will endeavor to
not make changes to these items any more frequently than once each quarter per calendar year. These items are
described in the document "Hardware and Software Requirements for Submitting Electronic Collision Reports",
available at http://www.trafficrecords.wa.gov/etrip.htm. Changes or updates to these requirements will be set forth
at this same web address. In addition, the User will be notified when any changes or updates to these
requirements occur.
3.5 Laws. The User agrees to comply with all applicable federal and state laws, regulations, rules, and procedures
regarding the reporting and dissemination of collision reports and record information.
3.6 Electronic Submittal Authorization. The WSP and DIS, through the Washington Intergovernmental Network
(IGN), the State Governmental Network (SGN), or the Internet; and JINDEX, will furnish the User with the
capability to submit collision reports electronically to WSDOT and DOL.
3.7 SECTOR Software,
3.7.1 The User will use either the SECTOR software or other User-supplied software to create and
transmit electronic collision reports. If the User desires, SECTOR software will be provided to the User at
no charge to the US,er.
3.7.2 Alternative Software. If the User desires to use electronic collision reporting software other than
SECTOR, the software must maintain compliance with the business rules and data format and the
standardized collision report form approved by the Chief of the Washington State Patrol, and must be
approved by the WSP and WSDOT.
3.8 Eauipment. Equipment, including computers and associated software, bar code scanners, printers, servers
and server certificates, including purchase and maintenance, are the responsibility of the User. For further
information on these items, please refer to the document "Hardware and Software Requirements for Submitting
Electronic Collision Reports" at http://www.trafficrecords.wa.gov/etrip.htm.
3.9 Servers.
3.9.1 At its option, the User shall use one of the following servers to store and transmit electronic collision
reports: User's own server; a WSP SECTOR server if available; or an alternative server identified by
User.
3.9.2 Use of the WSP SECTOR server is included with the approval to use the SECTOR software. Upon
approval, WSP will provide network connectivity and security information to each user that will allow them
to access and use the WSP SECTOR server. If the User chooses to use the WSP SECTOR server, the
WSP will provide authorization for the User to access their (the User's) collision records for the following
limited purposes:
A. For the review of the User's unapproved collision reports; and
B. For the analysis and reporting of WSDOT-approved collision reports.
WSP/wSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev. 5/22/08
Page 3 of 7
WSP No.
WSDOT No.
3.10 Network Connection. At the option of the User, the network connection to the JINDEX will be made through
either the IGN or SGN administered by the Washington Department of Information Services (DIS), or else via the
Internet. The operation and maintenance of the IGN, SGN and JINDEX is the responsibility of DIS. For further
details on JINDEX connectivity, please go to the following web site: http://www.trafficrecords.wa.gov/etrip.htm.
The User shall promptly notify the WSP SECTOR System Administrator of sustained or repeated network
problems that affect electronic collision reporting services. Such notices shall be given by email to the following
address:
SECTOR@wsp.wa.gov
The notice address as provided herein may be changed by written notice given as
provided above.
3.11 Secure System. The User shall take necessary measures to make its electronic collision reporting equipment
and system secure and prevent unauthorized use. WSP reserves the right to review and approve equipment
security measures, and to suspend or withhold service until such matters are corrected to the reasonable
satisfaction of WSP.
3.12 Software Updates. The User shall take necessary measures to upgrade their electronic collision reporting
software as updates are provided to them. This includes updates provided by WSP to the SECTOR software, or if
utilizing an alternative software, updates necessary for the User's alternative software to remain compliant with
WSP and WSDOT requirements. WSP reserves the right to suspend or withhold service until the latest upgrade
has been implemented to the reasonable satisfaction ofWSP.
3.13 User Costs. The User agrees: to pay all personnel, operating, maintenance, and data transmission costs; to
submit collision reports to WSP and WSDOT as required by law; and to pay the costs and maintenance related to
any interface developed between the User's electronic collision reporting application and the User's local records
management system.
3.14 User Contact. The User agrees to assign a coordinator to serve as the primary contact person for the User in
matters relating to electronic collision reporting. The User also agrees to notify the WSP immediately, in writing, of
any changes to the User Contact person.
3.15 Technical Configuration. As a prerequisite of entering into this Agreement, the User has completed the
SECTOR assessment survey. The User also agrees to notify the WSP immediately, in writing, of any changes to
this Technical Configuration.
SECTION 4 - TERM
This Agreement is effective on the date of final signature, and shall continue until terminated as provided
elsewhere herein.
SECTION 5 - TERMINATION
5.1 Termination for Convenience.
5.1.1 Termination by User. Except as otherwise provided in this Agreement, the User may terminate its
participation in this Agreement upon thirty (30) days written notification to WSP and WSDOT.
5.1.2 Termination by WSP and WSDOT. WSP or WSDOT may terminate this Agreement as to the User
upon not less than thirty (30) days prior written notice, unless an emergency exists, as determined by
WSP or WSDOT, then immediately, if WSP or WSDOT determines that it is in the best interest of the
State of Washington to terminate this Agreement.
5.1.3 Termination ofWSP and WSDOT Participation.
A. WSP and WSDOT may jointly terminate their participation in this Agreement upon thirty (30)
days written notification to the User; Provided, that any such termination must be mutually agreed
WSPIWSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev. 5/22/08
Page 4 of 7
WSP No.
WSDOT No.
upon by both WSP and WSDOT prior to the issuance of the notice to terminate as provided in
Subsection 8 below.
B. WSP and WSDOT acknowledge that in order for the electronic transmissions contemplated
under this Agreement to operate, it is necessary for both WSP and WSDOT to remain parties to
this Agreement. In the event either party desires to terminate its participation in this Agreement,
such party shall notify the other party of this desire, WSP and WSDOT shall resolve any matters
that may result from the termination of this Agreement, and WSP aDd WSDOT shall issue a joint
notice of termination to the User as provided in Subsection A above.
5.1.4 In the event this Agreement is terminated for convenience, the parties shall be liable only for
performance in accordance with the'terms of this Agreement for performance prior to the effective date of
termination. '
5.2 Termination for Default.
5.2.1 The violation of any term or condition of this Agreement by the User, or the failure to fulfill in a timely
and proper manner any requirement in this Agreement by the User shall constitute a default of this
Agreement.
5.2.2 In the event of a default by the User, WSP and WSDOT may, upon the mutual agreement of WSP
and WSDOT, terminate this Agreement without penalty or further liability, upon not less than thirty (30)
days prior written notice to the User; Provided, that the User has failed to cure such default within that
thirty (30) day period, or such longer period, as may be reasonably determined by the mutual agreement
of WSP and WSDOT if the User is diligently working to cure the default. If the default is not cured within
the cure period, WSP and WSDOT may, upon mutual agreement between WSP and WSDOT,
immediately terminate this Agreement by giving written notice to the User. The option to terminate shall
be at the sole discretion of WSP and WSDOT.
5.2.3 In the event of a User default, WSDOT and WSP reserve the right to suspend all or part of this
Agreement (A) during the investigation of the alleged User default; (8) pending corrective action by User
of a default; or (C) pending a decision by WSDOT and WSP to terminate this Agreement.
5.2.4 Waiver or acceptance of any User default of the terms of this Agreement by WSDOT or WSP shall
not operate as a release of User's responsibility for any prior or subsequent default.
5.2.5 If the User defaults on any provision in this Agreement three (3) times within a six (6) month period,
the third default shall be deemed ,"non-curable" and this Agreement may be terminated by WSDOT and
WSP on not less than thirty (30) days written notice.
SECTION 6 - INDEMNIFICATION
The User agrees to indemnify and save harmless the State of Washington, the Washington State Patrol and its
employees, and the Washington State Department of Transportation and its employees' from and against any and
all claims, demands, actions, suits, including but not limited to, any liability for damages by reason of or arising out
of any misuse of the SECTOR software, or any cause of action whatsoever, and against any loss, cost, expense,
and damage resulting there from, including attorney's fees.
SECTION 7 -- DISPUTE RESOLUTION
7.1 The following individuals are the Designated Representatives for the purpose of resolving disputes that arise
under this Agreement:
WSP: The WSP representative will be identified upon negotiation of the user agreement.
WSDOT: General Manager, Transportation Data Office
WSP/wSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev, 5/22/08
Page 5 of 7
WSP No.
. WSDOT No.
User: Agency Contact Name: MCT Cordinator
Contact Information: 1025 Burwell Stree. Bremerton. WA 98312 360-473-5220
7.2 The Designated Representatives shall confer to resolve disputes that arise under this Agreement as
requested by any party. The Designated Representatives shall use their best efforts and exercise good faith to
resolve such disputes.
7.3 In the event the Designated Representatives are unable to resolve the dispute, a representative from WSP to
be determined upon negotiation of the User's Agreement, the Chief of Staff or her/his designee for WSDOT, and
{insert title for User representative}Ooerations Lieutenant for User or her/his designee shall confer and exercise
good faith to resolve the dispute.
SECTION 8 - GENERAL
8.1 Recitals and Exhibits. The Recitals and Exhibits attached hereto, are hereby incorporated by reference into
this Agreement.
8.2 Assiqnments. This Agreement cannot be assigned.
8.3 Modifications. This Agreement contains all the. agreements and conditions made between the parties hereto
pertaining to the User's ability to electronically submit collision reports to WSDOT and DOL, and may not be
modified orally or in any other manner other than by a written agreement signed by all parties hereto. Failure on
the part of any party to enforce any covenant or provision herein contained shall not discharge or invalidate such
covenant or provision or affect the right of said party to enforce the same in the event of any subsequent breach
or default.
8.4 Interpretation. This Agreement shall be governed by and interpreted in accordance with the laws of the State
of Washington. The titles to paragraphs or sections of this Agreement are for convenience only and shall have no
effect on the construction or interpretation of any part hereof.
8.5 Venue. The parties agree that the venue of any action or suit concerning this Agreement shall be in the
Thurston County Superior Court and all actions or suits thereon shall be brought therein, unless applicable law
requires otherwise.
8.6 Totalitv of Aqreement. It is understood that no guarantees, representations, promises, or statements
expressed or implied have been made by the WSP or WSDOT except to the extent that the same are expressed
in this Agreement.
8.7 Notices. Unless otherwise provided herein, wherever in this Agreement written notices are to be given or
made, they will be served, personally delivered or sent by certified or overnight mail addressed to the parties at
the address listed below unless a different address has been designated in writing and delivered to the other
party.
WSP: Specific contact information to be determined upon negotiation of the User's Agreement.
WSDOT:
General Manager, Transportation Data Office
PO Box 47380
Olympia, WA 98504-7380
User:
Name: Wendy Davis
Title: Traffic SerqeantlMCT Coordinator
Contact Information: 360-473-5971
WSPIWSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev. 5/22/08
Page 6 of 7
WSP No.
WSDOT No.
wendv.davis@ci.bremerton.wa.us
8.9. Attornevs' Fees and Costs. Except as otherwise provided in this Agreement, in the event of any controversy,
claim, or dispute arising out of this Agreement, each party shall be solely responsible for the payment of its own
legal
expenses, including but not limited to, attorney's fees and costs.
8.10 Contract Execution. The signatories to this Agreement represent that they have the authority to bind their
respective organizations to this Agreement.
IN WITNESS THEREOF, the duly authorized officials of the respective parties have
executed this written agreement on the day and year first hereinafter written.
USER AGENCY
WASHINGTON STATE PATROL
BY ern;" ~-7'c! 4~
TITLE Chief of Police
BY
TITLE
DATE
~ R. 20"7'
. ,
DATE
WASHINGTON STATE DEPARTMENT OF TRANSPORTATION
BY
TITLE
DATE
APPROVED AS TO FORM
Assistant Attorney General
Washington State Department of Transportation
Assistant Attorney General
Washington State Patrol
Date:
Date:
WSPNVSDOT ELECTRONIC COLLISION REPORTS USER'S AGREEMENT
Rev. 5/22/08
Page 7 of 7
DATE SUBMITTED: April] 3,2009
BILL # oct - lOd-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
50
.................m......................................................................
SUBJECT: Interlocal Cooperation
Agreement to provide Mutual Aid and
Mobilization between Olympic College and
City of Bremerton
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Depm1ment: Police
Presenter: Chief Rogers
Phone: 473-5750
SUMMARY: The interlocal agreement is with Olympic College for campus emergencies. The
document contains 13 sections including authority and purpose. The agreement is for 20 years.
ATTACHMENTS: Interlocal Cooperation Agreement to provide Mutual Aid and Mobilization
between Olympic College and City of Bremerton.
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
:g1f{J;;L!~
CONSENT AGENDA X
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Interlocal Cooperation Agreement for Mutual Aid
and Mobilization between Olympic College and the City of Bremerton and authorize the Mayor to finalize
and execute the agreement with substantially the same terms and conditions as contained in the proposed
interlocal agreement.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Carol L. Etgen, MMC
Office of the City Clerk
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
®. .� (360) 473 -5323
carol.etaen(a)ci.bremerton.wa.us
MEMORANDUM
Date: July 30, 2010
To: File
From Carol Etgen, City Clerk
RE: Interlocal Cooperation Agreement - May 6, 2009
After numerous attempts to communicate with Rocky Wallace and B.
Martin at Olympic College in order to obtain a signed copy of the
Interlocal Agreement, Captain Wolfe agreed that we should close out
the file. The college will be notified to bring the matter before
Council in the future if they wish to proceed with an interlocal
agreement of this nature.
INTER-LOCAL COOPERATION AGREEMENT TO PROVIDE MUTUAL AID
AND MOBILIZATION BETWEEN Olympic College and the City ofBremerton,
Washington.
TillS AGREEMENT is entered into this _day of ,2009, under
the Inter-local Cooperation Act (Chapter 39.34 RCW.) and the Washington Mutual Aid
Peace Officers Powers Act (Chapter 10.93 RCW) between Olympic College and The
City of Bremerton, Washington.
WHEREAS, the Washington State Legislature in 2008 required each institution
of higher education to enter into memoranda of understanding that set forth
responsibilities for the various local jurisdictions in the event of a campus emergency and
the shared use of equipment and technology in the event of an emergency.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1) Authority: The authority of the Cooperating Agencies entering into this Agreement is
that authority granted by the law, including, and subject to, the general powers of the
parties, the Washington Inter-local Cooperation Act and the authority granted under
Chapter 10.93 RCW., the Washington Mutual Aid Peace Officers Powers Act.
Consistent with the provisions ofRCW 10.93.001(4), this Agreement shall not create a
duty to act in extraterritorial situations beyond any duty which may otherwise be imposed
by law or which may be imposed by the "primary commissioning agency" as that term is
defmed in RCW 10.93.020(8).
2 Purpose: The purpose of this Agreement is to authorize the Bremerton Police
Department to provide emergency services within its respective territorial jurisdiction to
Olympic College and to affirm that the Bremerton Police Department will respond as
needed to campus emergencies.
3) Request for Assistance: In the event of a major emergency operation requiring law
enforcement, the first law enforcement resources to be used shall be those of the
Bremerton Police Department. In the event that such resources are inadequate for the
Bremerton Police Department to safely control the situation or there is a need for a
specialized unit, a request for mutual aid under this plan will be made directly to other
local police agencies pursuant to their current and ongoing mutual aid agreements with
the Bremerton Police Department. Such requests for assistance shall, if possible, specify
the type of public safety agency, the number of members requested, and types of
equipment required and shall further specify where and to whom such members are to
report and where and to whom the equipment should be delivered.
4) Operational Command: In the event of mobilization under this Agreement, the
Bremerton Police Department shall take charge of the operations utilizing the Incident
Command System unless the Bremerton Police Department specifically requests that a
different agency or unit fulfill this responsibility, or unles~ the scope of the situation is
multi-jurisdictional, in which case the provisions of the Statewide Mutual Aid plan
become operative. Taking charge of an operation shall include directing the assignment
of all personnel and equipment. The assigning of duties to officers of Assisting Agencies
shall be made by the supervising officer of the Host Agency unless that responsibility is
delegated to a different agency.
5) Press Releases: Cooperating Agencies will coordinate press releases relating to joint
activities under this Agreement through the Bremerton Police Department. The
Bremerton Police Department will fully and fairly acknowledge the contributions of all
participating agencies. In the case of ongoing operations all such press releases will be
made with due regard for the integrity of the operation and the safety of officers,
firefighters and medical personnel.
6) Indemnification: City shall defend, indemnify and hold Olympic College, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the City's performance of this Agreement, to the extent that the injuries
and damages are caused by the City's negligence.
Olympic College shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection
with this Agreement, to the extent that the injuries and damages are caused by Olympic
College's negligence.
The provisions of this section shall survIve the expiration or termination of this
Agreement.
7) Duration and Termination: This Agreement shall commence and be effective as of the
date first written above and remain in full force and effect for a period of twenty (20)
years unless terminated sooner by written agreement of the parties or by written notice of
termination given by one party to the other parties at least thirty (30) days prior to the
date of such termination. Withdrawal from, or non-execution of, this agreement by any
one of the agencies shall not affect the continued efficacy of the agreement with regard to
the Cooperating Agencies.
8) This Agreement shall be signed in counterparts and, if so signed, shall be deemed one
integrated Agreement.
9) This Agreement may be amended by mutual agreement of the parties. Such
amendments shall not be binding unless they are in writing and signed by personnel
authorized to bind each of the parties.
10) If any provision of this Agreement or any provision of any document incorporated
by reference shall be held invalid, such invalidity shall not affect the other provisions of
this Agreement which can be given effect without the invalid provision, if such remainder
conforms to the requirements of applicable law and the fundamental purpose of this
2
Agreement, and to this end the provisions of this Agreements are declared to be
severable.
11) Pursuant to Chapter 39.34 of the Revised Code of Washington, filing of this Inter-
local Cooperative Agreement with the County Auditor's office shall be the responsibility
of the Bremerton Police Department.
12) The parties acknowledge and agree that in the performance of this Agreement, they
are acting as independent contractors and not as agents of each other.
13) This Agreement merges and supersedes all prior negotiations, representations and/or
agreements between the parties relating to the subject matter of this Agreement and
constitutes an entire contract between the parties.
In Witness thereof, the parties hereto have executed this Agreement by their duly
Authorized officials:
CITY OF BREMERTON
OLYMPIC COLLEGE
By:
Its:
Date:
Cary Bozeman, Mayor
Date:
APPROVED AS TO FORM:
APPROVED AS TO FORM:
By:
Attorney General's Office State of
Washington
By:
Bremerton City Attorney
R:\Legal\Legal\Contracts\Police\MOU re Olympic College. doc
3
DATE SUBMITTED: 4/2/09
BILL # Oq - I 0 ~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Sp
........................................................................................
SUBJECT: Retrofit of used Ambulance
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
4/22/09
5/6/09
Ph&U
.Jim Orton
X5359
SUMMARY: The 2008 Budget surpluses one (1) ambulance from the Fire Dept. The Police Dept
desires to convert this vehicle into a Crime Scene Investigation vehicle. The old van used for this
purpose is a 1989 GMC Safari mini van, is scheduled for replacement, and has approx. $30,000 in
reserves available. It is proposed to utilize these funds to accomplish the retrofit on the surplus Fire
Dept. ambulance. The City received two written bids for this work. Approval is requested to award
the retrofit project to Trivan Truck and body, LLC ofFemdale, Washington at a cost of$35,310.04
including sales tax. The Police Department will be responsible for the amount over the reserves
available in the ER&R fund for the GMC van. There are no known local companies available to
perform this work.
ATTACHMENTS: Copy of bid from Trivan Truck Body, LLC
FISCAL IMPACTS (InClude Budgeted- AihoUnt):- ER&R lias $30,000 iil replacement funds..
available for this project. The remaining $5,310.04 will be the direct responsibility of the Police
Department. .
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 6Zl
GENERAL BUSINESS D
PUBLIC HEARING D
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION:
Move to approve the requested retrofit and authorize a contract with Trivan Truck Body, LLC in the
amount of $35,31 0.04 including sales tax.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
.
1 . rriVon Truck Body, LlC
Business: (360) 380-0773
Fax: (360) 312-1398
Web: www.trivan.net
1385 West Smith Road
Ferndale, WA 98248
QUOTATION: 2948 (p. 1/4)
DATE: FEB 27/09
T
o
CIry OF BREMERTON
100 oyster Bay Avenue North
Bremerton, Washington
98312
S
H
I
p
T
o
AtL'n: Jim Orton and Chuck Ernst
Email: jim.orton@ci.bremerton.wa.us
charles.ernst@ci.bremerton.wa.us
Phone # 360-473-5356
Account:
P.S.Tax:
Phone:
Salesman:
Ship By:
1
Order Date: FEB 13/09
Order No:
Order Ref: Police truck conversion
Terms:
Deliv.Date:
360-473-5356
TS TRAVIS SIEBOL
DESCRIPTION
AMOUNT
This quotation is for the conversion or a 1997 Braun aluminum
rescue/medic body to suit Bremerton Police Department's
application as a Crime-Scene/Accident Investigation Unit:
PAINT:
Repaint existing 1997 Chevy HD3500 chassis cab, including jambs.
- repaint only the existing red/yellow portions. The upper white
portions of the cab will stay as is. PPG acrylic urethane paint
Repaint existing 1997 14' rescue body (just the existing red/yel-
low sections), leaving the white upper sections of the body.
Note: removal of decals to be done by the City of Bremerton
1360.00
2552.00
EMERGENCY LIGHTING CONVERSION:
Labor only to replace all existing red/clear split flashers and
8x10 red flasher light lenses to blue/clear split flashers and
8xlO blues. Includes labor only to replace the red lenses on
the front/rear lightbars to blue as required. All lenses to be
supplied by the City of Bremerton. This is an approximate quote
and would need to be finalized in consultation with Bremerton.
520.00
EXTERIOR MODIFICATIONS:
Add a hinged non-slip aluminum fold-out step off rear bumper,
including a spring-loaded retention bolt to secure it in the
stowed position for transit (step is built using "Perf-O-Grip"
non-slip aluminum heavy-duty tread surface)
Add a Kwikee motorized 12-Volt power-step under side dooy,
activated by the opening of the curbside personnel door.
- this unit stores under the side door when not in use.
Supply & install a Carefree Fiesta manual awning to curbside.
- includes hardware and arms for installation. Choice of colors.
Convert rear tall vertical cabinet on roadside:
- modify existing vertical divider & bottom shelf to create suf-
ficient space to suit the installation of an Onan 5.5kW genset
- includes removal of existing straps & accessories inside.
Supply and install automatic door locks on all outside doors
630.00
550.00
1190.00
490.00
1670.00
..
TriVan Truck Body, L_lC
Business: (360) 380~0773
Fax: (360) 312~ 1398
Web: www.trivan.net
1385 West Smith Road
Ferndale, WA 98248
QUOTATION: 2948(p.2/4)
DATE: FEB 27/09
T
o
CITY OF BREMERTON
100 Oyster Bay Avenue North
Bremerton, Washington
98312
S
H
I
p
T
o
Att'n: Jim Orton and Chuck Ernst
Email: jim.orton@ci.bremerton.wa.us
charles.ernst@ci.bremerton.wa.us
phone # 360-473-5356
Account:
P.S.Tax:
Phone:
Salesman:
Ship By:
1
Order Date: FEE 13/09
Order No:
Order Ref: Police truck conversion
Terms:
Deliv.Date:
360-473-5356
TS TRAVIS SIEBOL
DESCRIPTION
AMOUNT
llOV ELECTRICAL:
Supply & install a Il0V service panel with automatic tra~sfer
switch (between shore power & Onan generator) including (4)
quad style 15A interior plugs and (2) GFCI exterior duplex
exterior plugs installed. Note: we can use much of the exist-
ing wire chases & runways that are in the current truck.
Supply & install an Onan 5.5kW CMQD (Quiet Diesel) generator
(fixed-mounted) in bottom of driver side tall cabinet, incl:
- remote start-stop switch control panel mo~nted inside body.
- genset tapped into chassis fuel supply.
- exhaust of genset routed externally up the rear wall to roof-
line (including a heat-shield cover to prevent accidental
burns from contact with the exhaust)
Supply & install (2) Havis Shields Kwik-raise removeable
- halogen lights: 2 at rear of body (JI0V powered) on
a dedicated circuit. These are tripod models.
1900.00
8350.00
880.00
2525.00
INTERIOR MODIFICATIONS:
Remove existing interior bench-seat & storage compartment along
curbside interior wall and fabricate a floor plate to cover the
opening of the exterior compartment and finish wheel-well area.
- furnish this area with a 2-person work counter, including:
(1) fixed 72"L x 24"D work counter (at 30" height) installed
- counter is pewter finish laminate with oak trim edge.
(4) 18"W aluminum drawers installed under counter. Drawers to
be installed on heavy-duty AccuRide l80lb ball-bearing
slides and to be equipped with key-lockable compression latches
Supply & install a fold-down evidence co~nter at rear doors:
- stores against roadside compartment and folds down 2/3 across
rear entry way. Includes (I) foldout support leg. Counter is
constructed or same materials as 2-person counter.
- second fold-down evidence counter (folds down the final 1/3)
and rests atop the 2/3 counter. Stores flat against curbside
interior.
650.00
770.00
1510.00
550.00
490.00
.
TriVan Truck Body, LLC
Business: (360) 380-0773
Fax: (360) 312-1398
Web: www.trivan.net
1385 West Smith Road
Ferndale, WA 98248
QUOTATION: 2948(p.3/4)
DATE: fEB 27/09
T
o
CITY OF BREMERTON
100 Oyster Bay Avenue North
Bremerton, Washington
98312
S
H
I
p
T
o
Att'n: Jim Orton and Chuck Ernst
Email: jim.orton@ci.bremerton.wa.us
charles.ernst@ci.bremerton.wa.us
Phone # 360-473-5356
Account:
P.S.Tax:
Phone:
Salesman:
Ship By:
1
Order Date: FSB 13/09
Order No:
Order Ref: Police truck conversion
Terms:
Deliv.Date:
360-473-5356
TS TRAVIS SIEBOL
DESCRIPTION
AMOUNT
Modifications to streetside interior to make a I-person station:
- includes removal of existing lower shelf, raising the counter
height from 26" to approx 32". Counter design to be the same
as the 2-person work station counter.
- note: this design keeps the skinny bench-seat and the storage
module below it, but removes all cubicles forward/below it.
Install customer supplied radio's
520.00
540.00
300.00
OTHER CONVERSION WORK:
Add aluminum double-doors to upper part of cabinet on front wall:
Add aluminum double-doors to lower part of cabinet on front wall:
Add key-lockable latches to both drawers of cabinet on front wall
Add key-lockable latches to all 4 pairs of Lexan slider doors.
Remove ceiling grab bar, remove all protrusions on floor (hooks,
brackets, skid plates, etc) and prep floor for sprayon bedliner
Add DuraBed anti-skid black spray-on bedliner to floorspace.
Add (4) LED SuperNova white fluorescent ceiling lights:
- 2 on ceiling, 1 at 2-person work counter, 1 at I-p~rson station
- all switched at the side door.
Add (4) l2-Volt ~lighter" style power plugs: 1 per station.
Install white boards above work stations
Misc~llaneous interior paint work, fabrication, reskinning, etc.
Pickup and delivery of completed truck back to City of Bremerton
320.00
320.00
40.00
120.00
195.00
1288.00
1224.00
480.00
200.00
200.00
180.00
Included in this proposal is a preliminary AutoCad presentation
drawing - we look forward to the opportunity of working with
you on this project and appreciate the chance to quote!
~
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REVISIONS TO PREVIOUS QUOTE:
Add (3) more drawers to below the existing vertical bank
located on the roadside very front.................. ...Add $300
Price adju~tment to cost of the awning installed.. ....Deduct $300
If repaint of white portions of cab & body need to
be repainted (including body roof) ................... .Add $1160
ftPPl--f(J15L-~ TI\l(~S
~ X"~I\
DATE SUBMlTTED:
BILL # 0'1 - L~_
AGENDA HILL
CITY OF RREMERTON
CITY COUNCIL
5Q
........................................................................................
R~SullA;-h-;,~ ~O. 30.85
SUB.fEC1': I~ "'l't ,> tt 1 C' 11.1 t D A'I "" J()()9
, ,-cp acement 0 tralc ae vlsory ommlttee LV ee ing - atc: pn 1..1..,_ '.
equipment. COUNCIL MEETING Date: May 6, 2009
Department: PW &Utilities
Presenter: Jim Orton
Phone: 473-5359
SUMMARY: The 2009 Budget shows two arrow boards and two variable message boards due for
replacement. All of the old equipment is obsolete and repair parts are unavailable. It is the intent of
the Fleet Manager to replace this equipment with four standard arrow boards and one variable
message board. The old equipment is powered by a diesel engine, the replacements will be powered
by solar energy. The City of Bremerton will save money by utilizing a sole source contract and
purchasing locally with United Rentals.
ATTACHMENTS: United Rentals quotes 79030615 and 79187642 and Resolution No. 308S.
FISCAL IMPACTS (Include Budgeted Amount): Funding is available through the ERJ~. OH
__ - __ . . n___ . _ .
. - -- - -_.- ,-.~ -
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
2~~~->d~
.,. ,
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve Resolution No. 306<;" authorizing a sole sourcc
contract and the purchasc of four standard arrow boards and one variable message board through
United Rentals at a total cost of $40,040.82 including sales tax.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
RESOLUTION NO. 3ot3$'
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving and authorizing a sole source
contract for the purchase of four standard arrow boards and one
variable message board due for replacement.
WHEREAS, BMC 2.76.090 provides exemptions to the competitive bidding
requirements for the City of Bremerton under certain circumstances where purchases are subject
to special market conditions or where bids would not be practicable or in. the City's best
interests; and
WHEREAS, BMC 2.76.040 provides for a local preference when reviewing bids;
and
WHEREAS, the City will save money by purchasing four standard arrow boards
and one variable message board locally; and
WHEREAS, the City Council desires to waive the bidding requirement and
authorize a sole source contract with United Rentals for the purchase of four standard arrow
boards and one variable message board due for replacement; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION 2. The bidding requirements for the purchase of four standard arrow
boards and one variable message board are hereby waived.
SECTION 3. The Fleet Manager is authorized to purchase four standard arrow
boards and one variable message board from United Rentals in the amount of $40,040.82
including sales tax.
SECTION 4. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
1
Traffic Advisory Equipment
SECTION 5. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2009.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Resolutions\Public Works\Traffic Advisory Equipment.doc
2
Traffic Advisory Equipment
GJ
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OUnited Rentals'
LOCATION #054
5950 STATE HIGHWAY 303 NE
llREMBRTON. WA 98321
360-313-1234 360-313-1696 FAX
~ 11111111111111111111111111111111111111111~1111
EQUIPMENT SALE
QUOTE
79030615
8oo-UR-RENTS (800-877-3687)
unitedrentals.com
Customer Number
Quote Date
20302
1/12/09
BREMERTON CITY OF EQUIPMENT
SERVICES DIVISION
100 OYSTER BAY AVENUE NORTH
BREMERTON, WA 98312
Office: 360-473-5356 Job: 360-473-5356
Job Location
Job Number
P.O. Number
Ordered By
Written By
Salesperson
QUOTE
QUOTE
CHUCK ERNST
UR054DW
7410
J.l
8
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m
B
BREMERTON CITY OF EQUIPMENT
SERVICES DIVISION
100 OYSTER BAY AVENUE NORTH
BREMERTON, WA 98312
Qty Equipment #
Price
Amount
4
5511007 CC: 551-1007 4105.00
ARROW BOARD, SOLAR *
This is for a new Wanco solar arrow
board (wtsp55-lsac-08) high intensity
led bulbs and controller, 20001b axle,
orange trailer w/o brakes, 251t led
arrow board, 300ma controller, 50 watt
solar panel kit, 2" ball hitch, 5-12v
sealed lead acid batteries, no battery
charger, 4 pole flat plug
ITEMS:
Item number Stock class
FR RESALE Mcr
FREIGHT EQUIPMENT SALE
OM: (EA) EACH
Freight for unit
16420.00
SALES
Qty
4
Price
500.000
unit
EA
Amount
2000.00
sub-total: 18420.00
Tax: 1584.12
Estimated Total: 20004.12
Customer is hereby notified that United Rentals has assigned its
rights {but not its obligationsl in the agreement to sell all or
any of the used equipment described herein to United Rentals
Exchan~e, LLC., a qualified intermediary, as part of a Section
1031 l~ke-kind exchange program.
Note: This proposal may be withdrawn if not accepted within 30 days.
THIS IS NOT AN EQUIPMENT SALE AGREEMENT/INVOICE. THE SAtE OF EQUIPMENT AND ANY OTHER ITEMS UsTED ABOVE IS SUBJECT TO AVAlLABIUTY AND ACCEPTANCE OF THE
TElIMS AND CONDITIONS OF UNITED"S EQUIPMENT SAlE AGREEMENTJlNVOICE. WHICH MUST BE SIGNeD PRIOR TO OR UPON DEUVERY OF THE EQUIPMENT AND OTHER ITEMS.
Page: 1
o United Rentals"
8ao-UR-RENTS (8oo-8n-3687)
unitedrentals.com
LOCATION #054
5950 STATE H.lGHll'Jlr 303 HE
~.!EllTON. WA 983J.J.
360-373-1234 36D-373-J.696 FAX
1IIIIIm ~11~llmlll~111111111111111111111
EQUIPMENT SALE
QUOTE
# 79187642
Customer Number $# 1005900981
Quote Date 1/21/09
Q)
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CITY OF BREMER TON
** CHUCK ERNST **
100 OYSTER BAY RD
BREMERTON, WA 98312
Office: 360-473-5621 Job: 360-473-5621
Job Location 100 OYSTER BAY RD
Job Number
P.O. Number
Ordered By
Written By UR054DW
Sale~person 7410
J..I
Q)
IS
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CITY OF BREMERTON
** CHUCK ERNST **
100 OYSTER BAY RD
BREMERTON, WA 98312
Qty Equipment #
Price
Amount
1 5512055 CC: 551-2055 18450.00
MESSAGE BOARD. SOLAR *
***Model WTLMB-SLL (A)*by WANCO*******
** Allow 2 weeks for Delivery **********
**************T*************************
18450.00
Sub-total: 18450.00
Tax: 1586.70
Estimated Total: 20036.70
Customer is hereby notified that United Rentals has assigned its
rights {but not its obligationsl in"the agreement to sell all or
any of the used equipment described herein to United Rentals
Exchange. LLC., a qualified intermediary, as part of a Section
1031 like-kind exchange program.
Note: This proposal may be withdrawn If not accepted within 30 days.
THIS IS NOT AN IlQUIPMENT SALE AGREEMENT/INVOICE. THE SALE OF EQUIPMENT AND ANY alliER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF llIE
TERMS AND CONDmoNS OF UNITED'S EQUIPMENT SALE AGREEMENT/INVOICE, WHICH MUST BE SIGNED PRIOR TO OR UpON DELIVERY OF THE EQUIPMENT AND OlllER ITEMS.
Page: 1
DATE SUBMITTED: April 15, 2009
BILL # Dq - lOb
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SR
..........................................~..............................................
SUBJECT: Interlocal Agreement with
Kitsap County for Reimbursable Wark'
Perfom1ed by Kitsap County Public Works
and/or for Rent of County Equipment.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: PW&U - WWTP
Presenter: Pat Coxon
Phone: 473-5448
SUMMARY: The proposed interlocal agreement is for the City of Bremerton to cooperate with .
Kitsap County for reimbursable work performed, and rental of equipment.
ATTACHMENTS: Interlocal Agreement KC-061-09
., FISCAL IMPACTS (Include Budgeted Amount): TBD. Will possibly reduce costs of operations.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
,- FINANCE DIRECtOR:'"
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~
~_.~ f__
~--~ " - c..~
;? 'Of' ~-l~~J~(
CONSENT AGENDA 1&1
. GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve Interlocal Agreement KC-061-09 between Kitsap
County and the City of Bremerton 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
-uwM ~
Kitsap County Department of Public Works
March 27, 2009
Pat Coxon, Wastewater Manager
Department of Public Works & Utilities
City of Bremerton
100 Oyster Bay AVE N
Bremerton, WA 98312
Dear Pat,
Enclosed are three originals of Interlocal Agreement between Kitsap County and the City of
Bremerton, KC-061-09 for signature. Once signed please return the three originals to K.
Chapman, 619 Division ST MS-26A, Port Orchard, WA 98366. Once signed by the Board of
County Commissioners an original will be sent to you.
If you have any questions, please call the office at (360) 337-5662.
Sincerely,
1:'~
Kathryn Chapman
Surface and Stormwater Management
Ene!.
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CITY OF BRfMERION
WASTEVv/\TER TREATMENT PLANT
614 Division Street, MS-26A, Port Orchard, WA 98366 - (360) 337-5777
A cooperative effort by Kitsap County Department of Public Works, Department of Community Development, Kitsap County Health District and
Kitsap Conservation District
KC-061-09
INTERLOCAL AGREEMENT BETWEEN
KITSAP COUNTY AND THE CITY OF BREMERTON
FOR REIMBURSABLE WORK PERFORMED BY
KITSAP COUNTY PUBLIC WORKS AND/OR FOR RENT OF, COUNTY EQUIPMENT
This Interlocal Agreement is made and entered into pursuant to the provisions of
Chapter 39.34 RCW by and between the County of Kitsap (hereinafter County) and the
City of Bremerton (hereinafter Agency).
WHEREAS, County has a Pubic Works Department which employs persons who
specialize in certain types of Public Works projects, and 'also owns certain types of
specialized equipment; ,
WHEREAS, the Agency may froin time to time find it advantageous or desirable to have
certain work performed by the Kitsap County Public Works Departmenfor its contractor,
and/or to obtain the use of equipment from the Kitsap County Public Works Department
for specific projects;
WHEREAS, the County, as well as the Agency will benefit from cooperation in public
works projects in this manner;
WHEREAS, Chapter 39.34 RCW provides that local jurisdictions may enter into
cooperative agreements for their mutual benefit;
NOW, THEREFOR'E, the County and the Agency, through their respective legislative
bodies, do hereby agree as follows:
1. PURPOSE OF AGREEMENT: The purpose of this agreement is to provide for
cooperation between County and Agency in Public Works projects by allowing
Agency to' request either that certain work be performed oy Kitsap County Public
Works Department or its contractors, or that Agency be allowed to rent certain
pieces of equipment owned by County.
2. ADMINISTRATION OF AGREEMENT: Kitsap County Public Works Department
will administer this agreement for Kitsap County. Bremerton Public Works
Department will administer this agreement for the Agency.
3. DURATION OF AGREEMENT: This agreement shall take effect upon execution
of the agreement by both County and Agency and shall remain in effectforthree
years from date of execution by the County, provided, however, that this
agreement may be renewed after the third year by mutual agreement of the
County and Agency. .
4. TERMINATION OF AGREEMENT: Either County or Agency may terminate this
agreement by giving ten days written notice to the other party.
1
KC-061-09
5. ACQUISITION OF PROPERTY: Any property acquired by County pursuant to
this agreement shall remail1property of County, and any property acquired by
Agency pursuant tothis agreement s~all remain property of Agency.
6. ReQUEST BY "ENTITY: Whenever Agency desires to obtain work or to rent
equipment by and/or from K:itsap County Public Works Department pursuant to
this agreement, Agency shall make a request for said work qr equipment in
writing upon a form supplied by County, a copy of w~ich is attac~ed to this
agreement as Exhibit A.
7. REVIEW OF REQUEST: The requ~st will b~ reviewed by Kitsap County Public
Works Department for County work crews to perform the work requested and/or
the requested equipment. The Director of Public Works shall'have final decision
as to a recommendation of either the work crew or the e~uipment.
8. APPROVAL OF REQUEST: Once the Director of Public Works recommends
the xequested work crew or equipment, the recommendation will be forwarded on
to the County Administrator for consideration.
9. FULFILLMENT OF REQUEST: If the County Administrator approvesthe
request, as set forth in this agreement, the County will perform the work
requested or provide the equipment requested. It is un'derstood that the
requested~ork will be done at the convenience of the Public Works Department.
. .
10. COUNTY EMPLOYEES: County employees assigned to Public Works projects
pursuant to this, agreement, Jem~in employees of the County at all times and
shall perform the work requested under sole supervision of the County. County
employees shall use only approved equipment and materials in~ 'performance of
Public Works projects pursuant to this agre~ment.
, ' ' . . .
13. REIMBllF~SEMENT: Age,ncy shall reimburse COLJnty fo~all costs of direct and
. indirect labor (including fringe benefits), administration, equipment rental,
engineering, materials and supplies for the Public Works performed pursuant to
this agreement~ If requested, County shall pr<;>yide estimated Agencycqsts ~ot
the requested services prior to the AgenCies Lis~ge. Agency shall reimburse
County for use of equipment at the rate determined by the Director of Public
2
KC-061-o9
Works. County shall submit a statement to Agency after performance or delivery
and within thirty (30) days Agency shall remit thereon. .
14.
HOLD HARMLESS: Each party agrees to defend and indemnify the other party
and its officials, officers, employees and agents for all claims, liabilities,
damages, expenses and suits arising from or relating to the performance of this
Agreement by the indemnitor or its officials, officers, employees and agents.
15. INSURANCE: County may require, as a condition of performance of Public
Works and/or provision of equipment, that Agency obtain public liability insurance
naming County as an additional insured. If County so requires it shall notify .
Agency and give Agency the option to withdraw its request.
16. This agreement shall be filed with the County Auditor following execution by all
parties.
DATED this
, day of
,2009
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
City of Bremerton
Cary Bozeman, Mayor
Charlotte Garrido, Chair
ATTEST:-
Stephen Bauer, Commissioner
OPAL ROBERTSON
Clerk of the Board
Josh Brown, Commissioner
3
DATE SUBMITTED:
81 L L # 0 'i - l O~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~
........................................................................................
SUB.JECT: A\yard Contract for Former
Chevron Property Cleanup Action, Transfer
funds into the Boardwalk Fund, and Increase
the Boardwalk Fund Budget.
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6,2009
Department: PW & U, Engineering
Presenter: Tom Knuckey / Mike
Mecham
Phone: 473-2376/473-5288
SUMMARY: Sealed bids for construction of the project titled "Former Chevron Property Cleanup
Action" were opened on April 10, 2009. The engineer's estimate for construction of this contract was
a range from $900,000 to $1,100,000. 8 bids were received; the two lowest bids did not include
required information and were determined to be non-responsive. The lowest responsive bid was from
Strider Construction Co., Inc., at $1,052,638.88, (including sales tax). This work IS a component of
the Bremerton Boardwalk Project. An increase of the Boardwalk Fund 2009 budget to 1,750,000 is
necessary to fund this cleanup, along with other proposed boardwalk project work. Funding for the
budget increase is available through a transfer 01'$346,750 from the Wastewater Fund into the
Boardwalk Fund, and recognition of grant funding previously secured for the project.
ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): 90% of the project costs are funded by a Remedial
Action Grant from the Department of Ecology; the remaining project costs are from the General Fund.
The 2009 budget for the Boardwalk Project is $630,000, and requires an increase to $1,750,000 to
fund the work. A transfer 01'$346,750 from the Wastewater Fund to the Boardwalk Fund is necessary
for this work to proceed.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
rr-Q
, Z:::::::::
i., ~ __....
" "!,, A.I!.. ~
>. '.-/
~ -:::Z;/
'/~ - -~::/
._;;/. .~~. L.- ~ .a,. .'
COMMITTEE CHAIR
COlJNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to award a contract in the amount of $ 1,052.638.88 (including sales tax) with Strider
Construction Co., Inc.. t(H construction of the project titled "Former Chevron Property Cleanup
Action," and authorize the Mayor to finalize and execute the necessary contract documents for
construction, and move to authorize the transfer of $346,750 from the Wastewater Fund into the
Boardwalk Fund and move to increase the Boardwalk Fund budget to $1,750.000.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
FORMER CHEVRON PROPERTY CLEANUP ACTION
COUNCIL SUMMARY
Contract Summary
This work is a component of the Bremerton Boardwalk Project. The project will remove
fuel contamination from the f,ormer Chevron Property, and consists of removing existing
buried retaining walls and surface asphalt and concrete paving in the lower yard (north
half of the site,) then treating the petroleum contaminated soils with a chemical oxidant,
and an oxygen releasing compound. The chemicals are injected into the contaminated
soils by a large mixing device that agitates the soils to ensure that the chemicals contact
the contamil")ation to the greatest extent practicable. The treated soils will be tested
approximately 7-days following initial treatment, and re-treated as necessary to achieve
contaminant reductions below MTCA standards as acceptable to the Department of
Ecology. This project additionally includes excavation of the upper yard (southern half of
the site) down to a maximum anticipated depth of 18-ft to remove contaminated soils
and dispose of them offsite. Excavation of contaminated soils was selected for the
upper yard due to the relative higher concentrations of contaminants at that location.
Finally, the project replaces approximately 300-ft of existing storm drain across the site
by pipe bursting.
This project is required under Agreed Order No. DE-07TCPHQ-5024. The City executed
this agreed order to be eligible for reimbursement funding from the Department of
Ecology.
Eight bids were received; the low bid ($992,495) and second low bid ($1,005,809.76)
were non-responsive since the bidders did not provide a complete bid package. Both
bids were rejected. The lowest responsive bid was from Strider Construction Co., Inc.,
in the amount of $1,052,963.88 (including sales tax). The construction will be completed
within 180 days of Notice to Proceed - the estimated completion is October, 2009.
Fiscal Summary
The project is funded by a combination of a Remedial Action. Grant and the General
Fund, and is included in the 2009 Budget as a component of the Bremerton Boardwalk
Project. The Engineer's Estimate for this cleanup contract was a range from $900,000-
$1,100,000. A remedial action grant was approved by the City Council on February 18,
2009 under Agenda Item 09-043, and provides 90% reimbursement of project costs;
including reimbursement of approximately $300,000 for costs to date.
This project was originally included in the 2008 budget, and bid for construction
completion in 2008. Contract award was not made in 2008 due to bid discrepancies;
however, the requested 2009 budget was not revised to add this work. Similarly, the
anticipated scope of work for 2009 has been revised since the budget was prepared and
approved by the City Council. The existing Boardwalk Budget assumed that agreement
with the Tribe and USACE would have been achieved by July, 2009, allowing the City to
complete final design of the Boardwalk and Park by February, 2010. Currently, this
schedule does not appear possible.
Given recent direction from USACOE, staff recommend the scope and scale of the
boardwalk be reduced to facilitate permitting. The proposed boardwalk width would be
City of Bremer ton
Former Chevron Property Cleanup Action
April, 2009
Page 1 of3
reduced to 14 - 16-ft, the sewer would be located in the upland, and Boardwalk, Park
and Sewer would be permitted separately. Proposed project scope for 2009 is as
follows; note the sewer replacement is not addressed as it is funded separately:
1. Complete the remediation of the former Chevron Property as required by the
Agreed Order.
2. Continue coordination with outside legal counsel and the Suquamish Tribe to
gain consensus on Boardwalk Scope.
3. Continue coordination with the USACOE, and other regulatory agencies to
confirm the project purpose and need, and perform minor design studies to
support permitting.
4. Revise Boardwalk permit drawings for a minimal structure without vehicle loading
and without an associated beach sewer.
5. Develop and submit a separate permit application and complete final design for
the re-development of the former Chevron Property into the expansion of
Evergreen Rotary Park.
To accomplish this work, additional spending authority is required in the Boardwalk
Fund. Staff recommend $346,750 be transferred from the Wastewater Fund into the
Boardwalk Fund as partial project funding. This transfer reimburses funds transferred
from the Contingency Reserve fund in 2006, per Agenda Bill No. 06-072, attached. The
funding was originally directed into the Wastewater Fund in recognition of the Sewer
Component of the Boardwalk Project. This transfer is necessary, given the current
direction to separate the Sewer from the Boardwalk and permit the two projects
separately. The table below presents proposed project costs and sources of funds as
follows:
TASKS EXISTING PROPOSED
BUDGET BUDGET (1)
Proiect Manaaement (Citv and PMX) Incl. below $71,500
Remediation Contract $0 1,052,964
Remediation Inspection, Const Mgt., Oversight $0 $100,000
and Lab costs (PMX, COB and Ecoloav)
Coordination with Tribe, USACOE and Services $0 $186,075
(includes additional studies and legal fees)
Boardwalk Permitting/Design $375,000 $112,250
Park PermittinglDesign $255,000 $223,250
Boardwalk 2009 Expense Total $630,000 $1,746,039
SOURCES OF FUNDS
Ecoloav Remedial Action Grant $250,000 $1,019,700
RCO Grants (ALEA and WWRP-LP, Desian) $150,000 (2)
Boardwalk 2009 Beginning Fund Balance $239,605 $239,605
Transfer from Wastewater Fund $346,750 (3)
REET Transfer to Boardwalk Fund (In Budaet) $105,000 $105,000
Boardwalk 2009 Ending Fund Balance ($35,395) $115,016
Notes:
(1) No contingency included in costs.
(2) Grant amendments required.
(3) Re-fund of funds transferred in 2006 from Contingency Reserve to the
Wastewater Fund per Agenda Bill No. 06-073, attached.
City of Bremerton
Former Chevron Property Cleanup Action
April. 2009
Page 2 of3
DA TE SUBMITTED:
BILL #06 --o7~
AGENDA BILL.
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Services
Agreement with Parametrix, Inc. for Port
Washington Narrows Beach Sewer,
Boardwalk, and Evergeen Park Expansion
Project
Committee Meeting Date: April 26, 2006
COUNCIL MEETING Date: April 26, 2006
Department: PW&U
Presenter: Phil Williams
Phone: 473-5315
SUMMARY: The existing sewer main located in the beach below Washington St. is prone to failure
& requires replacement. Several options for replacing the. pipe have been identified. The preferred
alternative would construct a new sewer main in conjunction with an extension of the existing
boardwalk to Evergreen Park. This Contract provides for public involvement, predesign, permitting,
& design of the new sewer main, extension of the existing boardwalk, & redevelopment of the former
Chevron Property into an expansion of Evergreen Park. The requested action before City Council is
approval of a contract with Parametrix, Inc. for Professional Services, an increase in the Wastewater
budget of $346,750 and authorization of a new budget Fund (Boardwalk Project) for 2006 with
budget expenditure approval of$603,250.
ATTACHMENTS: Professional Services Agreement; Council Summary
FISCAL IMP ACTS (Include Budgeted Amount): This project has two components--the sewer with
a current budget of $30,000 for 2006, & the Boardwalk component which is not currently budgeted.
Funds for this work come from sale ofEastpark Use of these funds for this purpose require federal
government approval. The PSA amount is not to exceed $2,500,096. Required budget for 2006 is
$950,000. Approval of this PSA will require budget adjustments to fund the work & authorization to
transfer Eastpark proceeds from the Contingency Reserve.
'{
RECOMMENDED MOTION: Move to approve PSA with Parametrix, Inc. for the Port
Washington Narrows Sewer and Public A~~M,1<}J!lQl19r~e the 1ja~g!_to :fin~li.?~ p?~ute
the necessary documents for this agreement~move to ameiia1lie20l)6b;i(tgHtoes~lG~d
(Boardwalk Project) and authorize transfers of $603,250 and $346,750 from the Contingency Reserve
Fund to the Boardwalk Project Fund & to the Washington Street Sewer Project in the Wastewater
Fund respectively, contingent upon Federal Government approval for use of the proceeds from the
Eastpark property, move to amend the 2006 budget to approve expenditure of these funds.
P a9e- 3 IJ..{ .3
o Continue 0 No Action
I CONSENT AGENDA 0 I
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
COUNCIL ACTION: ~prove 0 Deny 0 Table
Parametrlx
~
DATE: Mar 27, 2009 FILE: BR1895063P04T1301F-Q5
o
I'
Figure 1-2
Former Chevron Property
CIRCA 2005 Aerial Photograph
NO SCALE
CITY OF BREMERTON
BID TABULATION
I BID Former Chevron Property Cleanup OPENED I Carol EtQen
i TITLE: Action BY:
DATE 4/10/09 I TIME I 1 :00 PM I RECORDED I Tom Knuckey
OPENED: OPENED: BY:
NAME OF BIDDER BOND BID SALES TOTAL
TAX
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APPARENT LOW BIDDER I Engineer's Estimate: I
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DATE SUBMITTED: April 15.2009
BILL#
()q.~ 10/
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5T
......................................................m.................................
SUBJECT: Southwest Bremerton
Residential Sewer Extension Force Main
Change Orders
Committee Meeting Date: April 22, 2009
COUNCIL MEETING Date: May 6, 2009
Department: PW&U, Engineering
Presenter: Mike Mecham
Phone: 473-5288
SUMMARY: Change Order Number 1 for the project titled "Southwest Bremerton Residential
Sewer Extension Force Main" provides for additional costs incurred to date due to differing site
conditions. The estimated cost of the change order is $391,492.84. An additional $250,000 is
estimated to be required to complete the project.
ATTACHMENTS: 1. Council Summary; 2. Change Order Number 1
FISCAL IMPACTS (Include Budgeted Amount): Construction of this project is funded by a
revenue bond. The 2009 budget for this project, including construction of the force main and the
pump station, is $3,730,000. An additional budget authorization Of$230,00YWill be required.
~~~~i~~~ DIRECTOR<::?h'" .... .... .. .... ..
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
v
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve Change Order Number 1 to the Southwest
Bremerton Residential Sewer Extension Force Main project in the amount of$391,492.84 (including
sales tax) and authorize the Mayor to approve a second change order of up to $250,000 and increase
the 2009 SW Bremerton Residential Sewer Extension budget to $3,960,000.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
SW Bremerton Residential Sewer Extension Force Main
Change Order No.1
COUNCIL SUMMARY
Summary
This project is constructing a force main to convey waste water from the new
pump station on Anderson Hill Road (SB-1) to the WWTP. The pump station and
force main will provide sewer service to developments in SW Bremerton. In
addition to the 10-inch diameter force main beginning at the pump station, two 8-
inch pipes are being installed from Gorst to the WWTP to provide capacity for
future sewerage of the Gorst and West Bremerton UGAs.
The project was executed as two separate construction contracts: one for the
force main and one for the pump station. The force main project was awarded to
Stan Palmer Construction, and installation is approximately 90% complete. The
pump station project was awarded to Pivetta Brothers Construction and is
approximately 50% complete.
As is frequently encountered in underground installation projects within
congested rights-of-way, the force main project has run into several difficulties
due to differing site conditions. Work Change Directives have been issued to
authorize the additional work required to overcome these difficulties and to keep
construction moving forward.
WCD #1 - Horizontal Direction Drill -500 feet of pipe instead of open trench.
WCD #2 - Bypass HOD pit #6 and drill directly from HDD-5 to HDD-7
WCD #4 - Use rock-drilling equipment to complete the drill under Gorst Creek
WCD #5 - Install blowoffs on 8" pipes to allow filling and testing
WCD #6 - Install -900 feet of pipe by open trench instead of sliplining
WCD #7 - Install grout curtain to support storm drain w/in HOD pit #7
WCD #8 - Relocated drill rig and re-drill a section of the bore to avoid watermain
WCD #9 - Route pipe around unknown catch basin in casing pipe @ ST A 8+75
WCD #10 - Various time & material changes due to differing site conditions
In addition to the Work Change Directives that have been issued to date, there
are known difficulties that will need to be overcome in order to complete the
project. This includes the bore under the navy railroad embankment in Gorst,
which has run into a layer of large rocks which require hand mining to remove.
The estimated cost of completing the railroad bore is $200,000. Other cost
increases totaling $50,000 are anticipated before completion of the project.
City of Bremer ton
SW Bremerton Residential Sewer Ext FM Change Order J
April 2009
Fiscal Summary
The 2009 budget for construction of the force main and pump station is $3.73M,
and the estimated 2009 cost including Change Order No.1 is approximately
$3.96M. A 2009 budget adjustment of $230K is required.
Design of this project was funded mainly with a PWTF pre-construction loan.
The loan covered $550,000 of the total design cost of $720,035. Construction is
being funded mainly with a revenue bond. Proceeds available from the bond
total approximately $4.5 million. The engineer's estimate for construction of the
force main was $5.8 million and the project was awarded at $3,564,756.99. Total
costs for the Force Main and Pump Station projects as well as Annual Project
Costs are outlined in the tables below.
TOTAL PROJECT COSTS:
Item
Design & PM/CM
Construction Contract
Change Orders (known)
Change Orders (expected)
Total Project Costs
Pump Station
$429,287.23
$1,081,210.74
N/A
None Known
$1,510,497.97
Force Main
$642,186.93
$3,564,756.99
$391,492.84
$250,000.00
$4,848,436.76
SOURCES OF FUNDS:
Total Project Cost =
PWTF Preconstruction (Design) Loan =
Revenue Bond =
Wastewater Fund =
$6,358,935
$550,000
$4,500,000
$1,308,935
City of Bremerton
SW Bremerton Residential Sewer Ext FM Change Order J
April 2009
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: SW Bremerton Residential Sewer Extension Force Main
5073 CONTRACTOR: Stan Palmer Construction
PROJECT NO:
ORIGINAL CONTRACT AMOUNT:
$3,564,756.99 DAYS: 150 working days
PREVIOUSLY APPROVED CHANGES:
$0.00 DAYS: 0
$391 ,492.84 DAYS: 26 working days
THIS CHANGE:
REVISED CONTRACT AMOUNT:
$3,956,249.83 DAYS: 176 working days
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to
complete the Change Order Items. The increase or decrease in contract price shown below includes
any applicable taxes.
R R
u u
I I
e e
DESCRIPTION OF CHANGES
INCREASE IN
CONTRACT
AMOUNT (incl.
tax)
($)
(DECREASE) IN
CONTRACT
AMOUNT (incl.
tax)
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
1 1
7 7
o 1
x WCD #1: HDD STA 62+50 to STA 67+50 $18,041.72 -
x WCD #2: Bypass HDD Pit 6, HDD directly from HDD-5 to $2,172.00 -
HDD-7
x WCD #4: Use rock drill to install casing under Gorst Creek $130,320.00 2
x WCD #5: Install blowoffs on 8" pipes $18,462.00 -
x WCD #6: Install pipes from PP-22 to PP-24 by open trench $87,500.00 11
x WCD #7: Install grout curtain to support storm line $16,290.00 5
x WCD #8: Relocate drill rig to avoid water main $22,000.00 3
x WCD #9: Route pipe around catch basin installed in casing $36,673.79 5
WCD #10: Various T&M changes due to differing site $60,033.33 -
conditions
NET CHANGE IN CONTRACT AMOUNT $391,492.84 $0.00 26
INCREASE OR (DECREASE)
Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims
of any kind or nature arising from or connected with any work either covered or affected by this
Change Order, including, without limitation, claims related to contract time, on-site or home office
overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for
past performance.
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: SW Bremerton Residential Sewer Extension Force Main
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
costs relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order 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 change order
that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform
the surety of this change, and shall take appropriate action to modify any bonds required under the
contract to address this change.
RECOMMENDED:
PROJECT ENGINEER
Date
RECOMMENDED:
CITY ENGINEER / DIRECTOR OF PUBLIC WORKS
Date
ACCEPTED:
CONTRACTOR
Date
APPROVED:
MAYOR
Date
APPROVED AS TO FORM:
ATTEST:
Bremerton City Attorney
City Clerk
Page 2 of2
CITY OF BREMERTON
WORK CHANGE DIRECTIVE
WCD#: 1
Page 1 of 2
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Project #: 5073
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 11/21/2008
=!i ..-.
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
In5tall10" and two 8" FPVC pipes from approximately STA 62+50 to approximately STA 67+50 by Horizontal Directional
Drilling instead of open trenching.
The unit price for HOD is $248/linear foot. The increase in contract price based on estimated quantities for trenching is
$16.613.
A TT ACHlv1ENT{S):
cost proposal from contractor
_.......... ..#,.~,."""",,,,,,..ww ___" ,~.""m""...._....
If <'1 claim is Made tha: the above ChAnc;'?(<;) h8ve affected Contrclct Price or Contrect TimBs cmy d2im for::1 Change Ordw
is based Ulereon will involve one or more of the following rnetlKicis of (j()tf-:rmining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of tile WSDOT Standard Speedications, or Article 10 of
the General Conditions.
..............._..-..:==-_-===,.,::..m........~..."__m.____.~. .==~~,"'..NN..._~~~~_~__'~""_""'''
M(;thod of determining change in Contract Price:
Method of determining change in Contract Times:
Unit Price
[]
Contractor's Records
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[mj
Lump Sum
l:~,j
Enninecr's Records
Tirne & Materials
Other:
o
OHler:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ 16,613.00
Substantial Cornpletion:
o days:
If the change involves an increase, the estimated
amount is not to be exceeded without further
autllorization.
Ready for final payment: 0 clays;
If the change involves an increase. the estimated limes
are nollo be exceeded Witllout further authorization.
RECOMMENDED:
l\UTHORIZED
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STAN PALMER CONSTRUCTION CO INC
EXTRA WORK COSTING
PROJECT:
WORK:
SW BREMERTON SEWER FM
BORE UNDER SHERMAN HEIGHTS
3 PIPES WIO CASINGS
X ACCT NO:
COST DATE:
PERFORM DATE:
X-204
4-Nov-2008
PROPOSAL
ASSUME BORE FROM STA 62+50 TO STA 67+50 = 500 LF APPROXIMATE - TO BE MEASURED
ITEM
NO.
DESCRIPTION
******* **************** **************** **************** **************** ****** **************** **************** ********************
QUANTITY UNIT
RATE
******* **************** **************** **************** **************** ****** **************** **************** ********************
EXTENDED
CO$T$
BORE 1 EACH 10" PIPE AND 2 EACH 8" PIPES
PROPOSED UNIT PRICE = $248/LF
2 ESTIMATED DELETION FROM CONTRACT =
B4 TRENCH1~
B20 +B21 TRENCH 8" + 8"
B1 SHORING
B12A GRAVEL BACKFILL
E1 PLANING 550' X 24'
E3 6"CSBC
E5 TEMP 6' BY 4" PATCH
E6 OVERLAY 2 LANES .15' DEPTH
SUBTOTAL =
COSTS ARE ONLY FOR DIRECTLY AFFECTED
WORK PRICED ABOVE. RIGHT RESERVED TO
SUBMIT COSTS FOR DELAY AFFECTS, IMPACTS,
AND DISTRUPTIONS NOT KNOWN AT THIS TIME.
SALES TAX EXTRA IF APPLICABLE
EXTRA TIME REQUIRED= DAYS
LF
500.00
LF
LF
SF
CY
SY
TN
TN
TN
-500.00
-500.00
-2500.00
-300.00
-1467.00
-105.00
-75.00
-150.00
TOTAL CO$T$ =
248.00
60.00
54.00
0.50
25.00
6.00
27.00
100.00
150.00
-107387.00
124000.00
0.00
0.00
0.00
-30000.00
-27000.00
-1250.00
-7500.00
-8802.00
-2835.00
-7500.00
-22500.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
$
16,613.00
CITY OF BREMERTON
WORK CHANGE DIRECTIVE
WCD#: 2
Page 1 of 2
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Project #: 5073
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 11/25/2008
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOllOWING CHANGE{S):
Bypass HDD Pit #6 (STA 52+60 +/-) by drilling directly from HOD Pit #5 to HDD Pit #7. See attached drawings. Labor,
equipment & materials required for installation of the HDD will be paid at project unit costs. Additional shipping costs
required to obtain 80 feet of additional 16" diameter FPVC casing material will be paid as a lump sum. No change in
contract time is anticipated. Relocate the future service connection required at HOO Pit #6 to HOD Pit #7.
AT: !~.C[HIL1Ei\iT(S j.
Dl'awing showing nev'! HOD rOUte
=.:=:::..;=..=-,;::..~===--==~=,=":~=;;;-===C===---===-:-::::7.:--:,-..".:...~''-':'
_________________________u.."__ '". ..., .....___________ ---~. ... .. ....-...-----.-....-----.. - ..,."---.---
.-----------. . -~_._----------"_.~.,~,.~_._------------ - ~~------
If <'I claim is mode that the above change(s) halj(~ clffectecl Contr;:1r.;t Prier: or Conir;:,cl Tirn.:~s ;ilIY ciclirn f(}r a Ch;;>iioe Ore),;:,,'
is based thereon will involve one or more of tile following methods of delerrnining !lIe effecl of \tie change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications. or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
Unit Price
o
~
Contractor's Records
o
[SJ
o
o
Lump SUnl
Engineer's Records
Time & Materials
Other:
o
Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ 2,000.00
Substantial Completion:
o days;
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 0 days;
If the change involves an increase, the estimated times
are not to be exceeded without further authorization.
RECOMMENDED:
AUTHORIZED:
~
==---
CONTRACTOR
CITY OF BREMERTON
z!l), FOFU'.I~. '/.1;)11, (_:I!fHl~JC: L.11't;l:tf'.lj~. j.QO
CITY OF BREMERTON
WORK CHANGE DIRECTIVE
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Page 1 of 3
Project #: 5073
WCD#: 4
CONTRACTOR: Stan Palmer Construction. Inc.
Date: 1/28/2009
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
Install the 16" FPVC casing under Garst Creek from approximately ST A 53+00 to ST A 59+00 using rock tooling/mud
motor system. Installation using the rock tooling/mud motor system will be paid at a price of $409 per linear foot. This per
foot unit price includes all labor, materials, and equipment required for installation of the 16" FPVC casing and 10" FPVC
carrier pipe.
ATTACHMENT(S):
Proposal from Contractor
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications. or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
Unit Price
o
~
Contractor's Records
~
o
o
D
Lump Sum
Engineer's Records
Time & Materials
Other:
D
Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ $120,000.00
Substantial Completion:
2 days;
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 2 days;
If the change involves an increase, the estimated times'
are not to be exceeded without further authorization.
RECOMMENDED:
AUTHORIZED:
-
l< ':,,_-.---.---......0
...-~
COr-HRACTOR
CITY OF 8REMERTON
;<:;;....~1.1:=; ,. i'. '-',::" .' l' ,
Brad Ginn
From: John Zaratian [JohnZ@StanPalmerConstruction.com]
Sent: Tuesday, January 20, 2009 9:58 AM
To: Brad Ginn
Subject: FW: Rock Quote / Gorst Creek
Attachments: SW3964-1.DOC
Brad:
At my insistence, Advanced Boring has lowered their quote from $400/lf to $275/1f.
I have taken that price and gone back to my bid cales -which were pretty damned low to begin with - and plug in their
new price along with our originally estimated labor and equipment at the pits and assistance, pipe, casing, fusing, field
overhead, profit etc, and come up with a $409.31 price, make it $409/lf.
That would be a $199/1f premium to our bid price of $210. Assuming a 600 If bore, that equals $119,400 additional.
Which ain't cheap, but we are stuck and have run out of fresh ideas.
John Zaratian, Project Manager
Stan Palmer Construction, Inc.
5107 State Hwy 3 SW
Port Orchard, WA 98367
p. 360-674-2100
f. 360-674-7190
JohnZ@StanPalmerConstruction.com
From: Advancedboring@aol.com [mailto:Advancedboring@aol.com]
Sent: Monday, January 19, 2009 3:07 PM
To: John Zaratian
Cc: jamesdowning1@mac.com; dustaciousd@yahoo.com
Subject: Rock Quote / Gorst Creek
Thanks,
Brandy
Office Assistant
Advanced Boring Specialists, Inc.
P. 360-253-4320
F. 360-253-8973
A Good Credit Score is 700 or Above. See yours in iust 2 easy steRs!
'8
Advanced Boring Specialists, Inc.
PMB 210
13023 NE HWY 99, #7
Vancouver, W A 98686
Office: (360) 253-4320
Fax: (360) 253-8973
Cell: (360) 606-9629
W A - ADV ANBS05005 / OR - 108394
CA -716562/ AK - 33597
January 19, 2009
Name: Stan Palmer Construction
Att: John Z.
Address: 5107 State Hwy 3 SW
Port Orchard, WA 98367
Phone: 360-674-2100
Fax: 360-674-7190
Change Order Request (2)
Gorst Creek Rock Bore
Job Name: SW Bremerton Residential Sewer Ext Force main
Job Location: SR 6
Bremerton, W A
Advanced Boring Specialist, Inc. is pleased to quote the following directional drill installation.
Install (I) 16" PYC (Stan Palmer Supplied, Fused & Handled) minimum 500 ft. using rock tooling / mud motor system@ $275.00 ft.
. Quote is based off of minimum 500 ft. to acquire necessary radius.
. ABS, Inc. anticipates 300 ft. of the bore to be in actual rock at depths of 17 ft. or below.
NOTE: Notice to proceed is acceptance of this quotes values, terms and conditions.
Contract Price: Based off of down hole footage depth to depth (minimum 500ft /$137,500.00)
Terms: Net 10 from date of invoice. No Retainage. A late fee of 10% ofthe invoiced amount will be charged and payable if payment
is not made within 10 days of date of ABS invoice. Interest on past due amounts shall accrue and be payable at I Yz% per month. If
ABS refers this matter to an attorney for collection of unpaid amounts it shall be entitled to recover its reasonable attorney fees, costs
and expenses, including at trial, on appeal and for collection efforts to satisfY or partially satisfy the judgment.
Advanced Boring Specialist, Inc. is quoting to shoot and pull, ONLY. All other support and expense, including but not limited to,
water source, material, permits, tie ins, testing, shoring, fusion, core drilling, access to bores, traffic control, de-watering of site,
potholing, restorations, utility locates (both public and private) are the responsibility of the general contractor, unless soecificallv
noted above. ABS, Inc. is not responsible for any damage to existing unmarked utilities.
We appreciate the opportunity to quote you on this project. I can be reached at (360) 606-9629.
Best Regards,
Jimmy Downing
NOTE: THIS QUOTE SUPERSEEDS ANY CUSTOMER AGREEMENT THAT MAY FOLLOW. THIS QUOTE IS AN
INTEGRATED AGREEMENT AND CAN ONLY BE MODIFIED, IN WRITING, AND SIGNED BY THE PARTY TO BE
CHARGED.
Contractor Signature
Date
Advanced Boring Specialist, Inc. Signature
Date
Quote is good for 30 days.
CITY OF BREMERTON
WORK CHANGE DIRECTIVE
WCD#: 5
Page 1 of 2
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Project #: 5073
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 3/4/2009
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
Install blowoffs on the 8" FPVC pipes at up to 6 locations per pipe in accordance with the attached sketch. Locations to
coincide with air/vacs on 10" pipe or to be field determined. Blowoffs will be paid for as force account (time & materials)
not to exceed $17,000 without further authorization.
ATTACHMENT(S):
sketch of blowoff installation
-. ~~~-
If a claim is made that the above change(s) have affected Contract Price or Contract Times any daim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change{s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
o
Unit Price
C-l
L..
~
Contractor's Records
r---1
L..... !
Lump Sum
Time & Materials
Engineer's Records
~
[]
Other:
[J
Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
:; $17,000
Substantial Completion:
o days:
If the change involves an increase. the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 0 days;
If the change involves an increase, the estimated times
are not to be exceeded without further authorization.
RECOMMENDED
AUTHORIZED'
., Ai.. A:.
., /N..?-!J
/. L/ I ..;7" .
CONTPACTOR
CITY OF BREMERTON
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CITY OF BREMERTON
WORK CHANGE DIRECTIVE
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Page 1 of 2
Project #: 5073
WCD#: 6
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 3/20/2009
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOllOWING CHANGE(S):
Install the 10" and two 8" FPVC pipes between pullpit 22 and pullpit 24 (approx. STA 140+30 to STA 149+18) by open
trenching instead of sliplining. Trenching will be paid for at a unit price of $163.21 per foot in accordance with the
attached proposal from the contractor. Unit price bid items ancillary to installation of the pipe will be paid for at bid unit
prices.
ATTACHMENT{S}:
Proposal from contractor
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
D Contractor's Records
~ Engineer's Records
~ Unit Price
D Lump Sum
D Time & Materials
D Other:
D Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ $87,500 (inc!. tax)
Substantial Completion:
11 days;
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 11 days;
If the change involves an increase, the estimated times
are not to be exceeded without further authorization.
RECOMMENDED:
AUTHORIZED:
~6~___~
CONTRACTOR
CITY OF BREMERTON
at), FORf'"IS, vVorf: Cllange Directive, 3~orJ
STAN PALMER CONSTRUCTION CO INC
EXTRA WORK COSTING
PROJECT:
WORK:
SW BREMERTON SEWER FM
TRENCH FROM PP-22 TO PP-24
= 888 LF
X ACCT NO:
COST DATE:
PERFORM DATE:
X-209
16-Mar-2009
PROPOSAL
ESTIMATE 100 LF PER 10 HR SHIFT 140+30 TO 146+30 = 60 CREW HOURS
ESTIMATE 60 LF PER 10 HR SHIFT DUE TO WET CONDITIONS 146+30 TO 149+18 = 48 CREW HOURS
GUESS ONE WSDOT LUMINAIRE WIRE BREAK REPAIR
NOTE: UNIT PRICED BID ITEMS NOT INCLUDED, BUT ARE TO BE PAID SEPARATELY AS REQUI
ITEM
NO.
DESCRIPTION
'1:***..,..1< *"'**'Ir'****'****..* ........***......*"'* ...**.....**....*****. *."''*............... ...... ..*","*.*.'fr"ll*.."... .....**..........*.** **................*.......***..
HOURS
HOURLY EXTENDED
RATE CO$T$
.***__..'* ....'iII'................ .........**...***...... **.******..*........ ...**...............* ..*._... *tlr...*._.**....'*. *..**............*** **...***.*..******'****.*.
LABOR:
1 F'MAN
2 PIPELAYER
3 OPERATORS
4 TRUCK DRIVER
5 FLAGGER
6 TGS
108.00 60.19 6500.52
2 EA 216.00 48.74 10527.84
2 EA 216.00 58.95 12733.20
54.00 35.89 1938.06
41.56 0.00
42.82 0.00
TOTAL LABOR:
LABOR MARK-UP@29%
EQUIPMENT:
10 HITACHI/KOMATSU 200 EXCAVATOR
11 CAT 416C BACKHOE
12 12 CY END DUMP
13 F'MAN PICK-UP
141 TN TOOLS VAN
15 LIGHT PLANT
16 V AC SWEEPER TRUCK
17 L1NKBEL T 1600
31699.62
9192.89
108.00 78.22 8447.76
108.00 32.21 3478.68
54.00 65.72 3548.88
54.00 15.45 834.30
54.00 28.15 1520.10
2 EA 216.00 10.66 2302.56
10.00 78.12 781.20
38.16 0.00
TOTAL EQUIPMENT:
EQUIPMENT MARK-UP @21%
MATERIALS & SUPPLIES:
22 8" FUSED PIPE W/2' WASTE
23 10" FUSED PIPE W/2' WASTE
24 BEDDING = 6x1.83x890 LF =
25 TRACER WIRE
26
27 USE TAX@
LF
LF
TN
LF
%
TOTAL MATERIALS & SUPPLIES:
MATERIALS MARK-UP @21%
SUBS/SERVICES:
28 REPAIR: EST FROM PRIOR 2 REPAIRS =
29
30
EA
20913.48
4391.83
1780.00
890.00
650.00
900.00
15.00
20.00
8.50
0.15
26700.00
17800.00
5525.00
135.00
0.00
0.00
0.00
50160.00
50160.00
10533.60
1.00
1300.00
0.00
0.00
1300.00
SERVICES MARK-UP@ 21%
SUBS MARK-UPS @ '12%
COSTS ARE ONLY FOR DIRECTLY AFFECTED
WORI< PRICED ABOVE. RIGHT RESERVED TO
SUBMIT COSTS FOR DELAY AFFECTS, IMPACTS,
AND DISTRUPTIONS NOT I(NOWN AT THIS TIME.
SALES TAX EXTRA IF APPLICABLE
EXTRA TIME REQUIRED= DAYS
156.00
SUBTOTAL SUBS/SERVICES =
1456.00
Extras to Contract LS prices:
A1 MOBILIZATION
A3 TEMP TRAFFIC CONTROL
A4 TRAFFIC CONTROL SUPERVISOR (11 NIGHTS
A9 CLEARING AND GRUBBING
uA10 ROADSIDE CLEANUP
82 DEWATERING
83 TESC
TOTAL CO$T$ =
UNIT CO$T$ =
Subtotal=
s
128,347.42
'1.00 LS
1 .00 LS
1.00 LS
1 .00 LS
1.00 LS
1.00 LS
'1.00 LS
1500.00
3000.00
6076.00
500.00
1000.00
3500.00
1000.00
888.00 LF
$
S
144,923.42
163.20
CITY OF BREMERTON
WORK CHANGE DIRECTIVE
WCD#: 7
Page 1 of 2
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Project #: 5073
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 3/20/2009
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
Install a grout curtain per the attached detail to support the 18" concrete storm drain between HOD Pits 6 and 7 during
HOD operations.
ATTACHMENT(S):
Grout Curtain Detail
If a @;Iaim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
D Contractor's Records
[S] Engineer's Records
D Unit Price
0 Lump Sum
[S] Time & Materials
0 Other:
D Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ 15,000
Substantial Completion:
5 days;
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 5 days;
If the change involves an increase, the estimated times
are not to be exceeded without further authorization.
RECOMMENDED:
AUTHORIZED:
~~
CONTRACTOR
CITY OF BREMERTON
Clb. FORMS. 'Norl' Ch8nge Directive. 3-00
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CITY OF BREMERTON
WORK CHANGE DIRECTIVE
WCD#: 8
Page 1 of 1
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Project #: 5073
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 3/30/2009
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOllOWING CHANGE(S):
Relocate drill rig and re-drill hole between PP-5 & HDD-7 to avoid unmarked water main near PP-5.
ATTACHMENT(S):
~_.. N" _. . _n -
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will Involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
Unit Price
D
l2J
Contractor's Records
D
D
lZJ
D
lump Sum
Time & Materials
Engineer's Records
Other:
[J
Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ 22,000
Substantial Completion:
3 days;
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 3 days;
If the change involves an increase, the estimated times
are not to be exceeded without further authorization.
RECOMMENDED:
AUTHORIZED:
L.,
CONTRACTOR
CITY OF RREMERTON
,; -.
CITY OF BREMERTON
WORK CHANGE DIRECTIVE
WCD#: 9
Page 1 of 1
PROJECT: SW Bremerton Residential Sewer Extension Force Main
Project #: 5073
CONTRACTOR: Stan Palmer Construction, Inc.
Date: 3/31/2009
YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S):
Contractor is authorized to perform the following extra work on a time and materials basis:
1. Licensed surveying which was required by the specifications but for which no bid item was included in the proposal
2. Trench beside and repair the unlocated curtain drain ST A 22+10 to 24+73
3. Pothole unknown manhole and water main ST A 30+00
4. Pothole catch basin & culvert, build access road for city vactor truck at railroad tracks
5. Delay due to exposing unlocated water main ST A 149+10
6. Remove/dispose of unknown abandoned wood stave pipe in trench STA 61+30 & STA 150+50
7. Additional attemps to bore under Gorst Creek using standard bore rig
8. Work around unknown and possibly abandoned duct bank along trench line w/ ground water flooding trench from duct
bank, STA 150+60 to STA 151+10.
9. Delay abandoning 24" CI water main connection 18" water main due to improper as-builts
ATTACHMENT(S):
Daily force account sheets for above work
If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order
is based thereon will involve one or more of the following methods of determining the effect of the change(s). The
Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of
the General Conditions.
Method of determining change in Contract Price:
Method of determining change in Contract Times:
Unit Price
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Contractor's Records
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Lump Sum
Time & Materials
Engineer's Records
Other:
o
Other:
Estimated increase (decrease) in Contract Price:
Estimated increase (decrease) in Contract Times:
$ 60,033.33 (incl. tax)
Substantial Completion:
o days;
If the change involves an increase, the estimated
amount is not to be exceeded without further
authorization.
Ready for final payment: 0 days;
If the change involves an increase, the estimated times
are not to be exceeded without further authorization.
RECOMMENDED:
AUTHORIZED:
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CONTRACTOR
CITY OF BREMERTON
ab. FORMS. Work Chanqe Directive. 3-00
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Description of Work: Surveying Page of
Project No.: 5073 Date: 8-Sep-08 .
Labor Materials
Employee Straiaht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman $60.19 $0.00 $0.00
Pipelayer $48.74 $0.00 $0.00
Operator $58.95 $0.00 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41.56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $0.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markuo an 21 % $0.00
$0.00 Materials Total $0.00
Note: Labor Subtotal $0.00 Subcontracts
Labor Markuo an 29% $0.00 Subcontractor's Name &
Labor Total $0.00 Description of Subcontracted Work Quantitv Unit Unit Price Amount
Eauioment Surveying, AES Consultants 1.00 LS $11,500.00 $11,500.00
Equipment Working Rental Operating Standby Standby $0.00
Description & ID No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator $78.22 $0.00 $0.00 $0.00
Cat 416C Backhoe $32.21 $0.00 $0.00 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U $15.45 $0.00 $0.00 $0.00
1 ton tool van $28.15 $0.00 $0.00 $0.00
Light plant $10.66 $0.00 $0.00 Note: Subcontracts Subtotal $11,500.00
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 0% $0.00
1 HP pump, hoses, figs $2.00 $0.00 $0.00 Subtotal $11,500.00
$0.00 $0.00 Prime Cont. Markup @ 12% $1 380.00
$0.00 $0.00 Total Subcontracts $12,880.00
$0.00 $0.00 Labor Total $0.00
$0.00 $0.00 Equipment Total $0.00
$0.00 $0.00 Materials Total $0.00
Note: Equipment Subtotal $0.00 Subcontracts Total $12880.00
SUMMARY Subtotal $12,880.00
Equip. Markup @ 21% $0.00 WSST @ 8.6% $1107.68
Ecluipment Total $0.00 Dailv F.A. Total $13,987.68
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Qescription of Work: Deal wI unknown curtain drain STA22+10-24+73 Page of
Project No,: 5073 Date: Oct 19 & 27, 2008
Labor Materials
Employee Straiqht Time Overtime Materials
Name Class, Hours Rate Hours Rate Amount. Description Quantitv Unit Unit Price Amount
Foreman 13,75 $60.19 $827.61 6" Perf pipe 40,00 LF $1.00 $40,00
Pipelayer 32.03 $48,74 $1,561,14 Peagravel/Drain Rock 29.45 TN $8.50 $250.47
Operator 20.18 $58,95 $1,189.61 $0.00
Truck Driver 7.00 $35.89 $251.23 $0.00
Flagger 3.50 $41.56 $145.46 $0.00
TCS 14.83 $42.82 $635.02 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $290.47
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markuo lal 21 % $61.00
$0.00 Materials Total $351.47 .
Note: Labor Subtotal $4,610.08 Subcontracts
Labor Markuo lal 29% $1 336.92 subcontractor's Name &
Labor Total $5,947.00 Description of Subcontracted Work Quantitv Unit Unit Price Amount
Eauipment $0.00
Equipment Working Rental Operating Standby Standby $0.00
Descriotion & ID No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator 10.6 $78.22 $0.00 $829.13 $0.00
Cat 416C Backhoe 7.5 $32.21 $0.00 $241.58 $0,00
12 CY End Dump 7.0 $65.72 $0.00 $460,04 $0.00 ,
Foreman P/U 6.0 $15.45 $0.00 $92.70 $0.00
1 ton tool van 5.0 $28.15 $0.00 $140.75 $0.00
Light plant 12,0 $10.66 $0.00 $127.92 Note: Subcontracts Subtotal $0.00
30 KW diesel generator 24.0 $13.28 $0.00 $318.72 Subs. Markup @ 0% $0.00
1 HP pump, hoses, figs 24.0 $2.00 $0.00 $48.00 Subtotal $0.00
$0.00 $0.00 Prime Cant. Markup @ 0% $0.00
$0.00 $0.00 Total Subcontracts $0.00 "
$0.00 $0.00 Labor Total $5,947.00
$0.00 $0.00 Equipment Total $2,733.19
$0.00 $0.00 Materials Total $351.47
Note: Equipment Subtotal $2,258.84 Subcontracts Total $0.00
SUMMARY Subtotal $9,031.66
Equip. Markup @ 21% $474.36 WSST @ 8.6% $776.72
EauiDment Total $2,733.19 Dailv F.A. Total $9,808.38
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Description of Work: Pothole storm and water main @ STA 30+00 Page of
Project No.: 5073 I I Date: 27-0ct-08
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Labor Materials
Employee StraiCiht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman $60.19 , $0.00 $0.00
Pipelayer 2.50 $48.74 $121.85 $0.00
Operator 2.50 $58.95 $147.38 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41.56 $0.00 $0.00
TCS $42.82 $0.00 $0.00 ,
$0.00 $0.00
$0.00 . Note: Materials Subtotal $0.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markup @. 21 % $0.00
$0.00 Materials Total $0.00
--
Note: Labor Subtotal $269.23 Subcontracts
Labor Markup @. 29% $78.08 Subcontractor's Name &
Labor Total $347.30 Description of Subcontracted Work Quantitv Unit Unit Price Amount
El'lulDment $0.00
Equipment Working Rental Operating Standby Standby $0.00 \
Description & 10 No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator $78.22 $0.00 $0.00 $0.00
Cat 416C Backhoe $32.21 $0.00 $0.00 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U $15.45 $0.00 $0.00 $0.00
1 ton tool van $28.15 $0.00 $0.00 $0.00
Light plant $10.66 $0.00 $0.00 Note: Subcontracts Subtotal $0.00
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 0% $0.00
1 HP pump, hoses, figs $2.00 $0.00 $0.00 Subtotal $0.00
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cont. Markup @ 0% $0.00
Linkbelt 1600 2.5 $38.16 $0.00 $95.40 Total Subcontracts $0.00
$0.00 $0.00 Labor Total $347.30
$0.00 $0.00 Equipment Total $115.43
$0.00 $0.00 Materials Total $0.00
Note: Equipment Subtotal $95.40 Subcontracts Total $0.00
SUMMARY Subtotal $462.73
Equip. Markup @ 21% $20.03 WSST @ 8.6% - $39.80
Eauipment Total $115.43 Dailv F.A. Total $502.53
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Description of Work: Pothole CB & Culvert, build access road @ RR tracks Page of
Project No.: 5073 Date: 14-Nov-08 ;
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Labor Materials
Employee Straiaht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman $60.19 $0.00 Geotextile Fabrick 1.00 Roll $275.00 $275.00
Pipelayer 5.50 $48.74 $268.07 $0.00
Operator 7.50 $58.95 $442.13 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41 .56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $275.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials MarkuD ((i) 21% $57.75 ,
$0.00 Materials Total $332.75
Note: Labor Subtotal $710.20 Subcontracts
Labor Markuo (ci) 29% $205.96 Subcontractor's Name &
Labor Total $916.15 ' Description of Subcontracted Work Quantitv Unit Unit Price Amount
.. -
Eauipment 1.5-2.5" Rock 45.12 TN $9.50 $428.64
Equipment Working Rental Operating Standby Standby $0.00
Descriotion & ID No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator 5.5 $78.22 $0.00 $430.21 $0.00
Cat 416C Backhoe $32.21 $0.00 $0.00 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U $15.45 $0.00 $0.00 $0.00
1 ton tool van $28.15 $0.00 $0.00 $0.00
Light plant $10.66 $0.00 $0.00 Note: Subcontracts Subtotal $428.64
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 12% $51.44
1 HP pump, hoses, ftgs $2.00 $0.00 $0.00 Subtotal $480.08
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cont. Markup @ 0% $0.00
Linkbelt 1600 $38.16 $0.00 $0.00 Total Subcontracts $480.08
Cat Vib Roller 2.0 $39.43 $0.00 $78.86 Labor Total $916.15
$0.00 $0.00 Equipment Total $615.97
$0.00 $0.00 Materials Total $332.75
Note: Equipment Subtotal $509.07 Subcontracts Total $480.08
SUMMARY Su btotal $2,344.95
Equip. Markup @ 21% $106.90 WSST @ 8.6% $201.67
EQuipment Total $615.97 Dailv F.A. Total $2,546.62
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Description of Work: Delay & exposing unlocated watermain STA 149+50 Page of
I Project No.: 5073 I Date: 10-Dee-OB '
Labor Materials
Employee Straiaht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Descriotion Quantitv Unit Unit Price Amount
Foreman 2.00 $60.19 $120.38 $0.00
Pipelayer 2.00 $48.74 $97.48 $0.00
Operator 2.00 $58.95 $117.90 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41.56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $0.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markup @ 21 % $0.00
$0.00 Materials Total $0.00 "
Note: Labor Subtotal $335.76 Subcontracts
Labor Markuo (cj) 29% $97.37 Subcontractor's Name 1St
Labor Total $433.13 Description of Subcontracted Work Quantitv Unit Unit Price Amount
EauiDment $0.00
Equipment Working Rental Operating Standby Standby $0.00
Descriotion & 10 No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator 2.0 $78.22 $0.00 $156.44 $0.00 ;
Cat 416C Backhoe $32.21 $0.00 $0.00 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U 1.0 $15.45 $0.00 $15.45 $0.00
1 ton tool van 1.0 $28.15 $0.00 $28.15 $0.00
Light plant 2.0 $10.66 $0.00 $21.32 Note: Subcontracts Subtotal $0.00
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 12% $0.00
1 HP pump, hoses, ftgs $2.00 $0.00 $0.00 Subtotal $0.00
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cont. Markup @ 0% $0.00
Linkbelt 1600 $38.16 $0.00 $0.00 Total Subcontracts $0.00
Cat Vib Roller $39.43 $0.00 $0.00 Labor Total $433.13
$0.00 $0.00 Equipment Total $267.85
$0.00 $0.00 Materials Total $0.00
Note: Equipment Subtotal $221.36 Subcontracts Total $0.00
SUMMARY Subtotal $700.98
Equip. Markup @ 21% $46.49 WSST @ 8.6% $60.28
EauiDment Total $267.85 Dailv F.A. Total $761.26
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Description of Work: Remove unk abandoned wood stave pipe STA 61+30 & STA 150+50 Page of
Project No.: 5073 Date: 11-Dec-08,
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labor Materials
Employee Straiaht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman 4.00 $60.19 $240.76 $0.00
Pipelayer 12.00 $48.74 $584.88 $0.00
Operat!=>r 8.00 $58.95 $471.60 , $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41 .56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $0.00
$0.00 Use Tax@ 0% $0.00
$0.00 Materials MarkuD (Q) 21 % $0.00
$0.00 Materials Total $0.00
Note: Labor Subtotal $1,297.24 Subcontracts
Labor MarkuD (Q) 29% $376.20 Subcontractor's Name &
labor Total $1,673.44 Description of Subcontracted Work Quantitv Unit Unit Price Amount
EQuioment $0.00
Equipment Working Rental Operating Standby Standby $0.00
Description & 10 No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator 4.0 $78.22 $0.00 $312.88 $0.00
Cat 416C Backhoe 2.0 $32.21 $0.00 $64.42 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U 2.0 $15.45 $0.00 $30.90 $0.00
1 ton tool van 2.0 $28.15 $0.00 $56.30 $0.00
Light plant 4.0 $10.66 $0.00 $42.64 Note: Subcontracts Subtotal $0.00
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 12% $0.00
1 HP pump, hoses, ftgs $2.00 $0.00 $0.00 Subtotal $0.00
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cant. Markup @ 0% $0.00
Lin kbelt 1600 $38.16 $0.00 $0.00 Total Subcontracts $0.00
Cat Vib Roller $39.43 $0.00 $0.00 Labor Total $1,673.44
Dynapac 8 TN Vib Roller 2.0 $32.23 $0.00 $64.46 Equipment Total $691.64
$0.00 $0.00 Materials Total $0.00
Note: Equipment Subtotal $571.60 Subcontracts Total $0.00 ,
SUMMARY Subtotal $2,365.08
Equip. Markup @ 21 % $120.04 WSST @ 8.6% $203.40
Equipment Total $691.64 Dailv FA Total $2,568.47
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Garst Creek Bore additional attempts Page of
Project No.: 5073 I Date: 11-Dec-08
labor Materials
Employee Straiaht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman $60.19 $0.00 Jersey Barriers 900.00 LF $2.40 $2,160.00
Pipelayer $48.74 $0.00 40 MPH Attenuators 9.00 EA $270.00 $2,430.00
Operator $58.95 $0.00 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41.56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $4,590.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markuo !ill 21 % $963.90 ,
$0.00 Materials Total $5,553.90 .
Note: Labor Subtotal $0.00 Subcontracts
Labor Markuo !ill 29% $0.00 Subcontractor's Name &
labor Total $0.00 Description of Subcontracted Work Quantitv Unit Unit Price Amount
Eauioment Advanced Boring 14 Jan 1.00 LS $6,739.41 $6,739.41
Equipment Working Rental Operating Standby Standby Advanced Boring 4 Dec 1.00 LS $4,735.19 $4,735.19
Descriotion & 10 No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator $78.22 $0.00 $0.00 $0.00
Cat 416C Backhoe $32.21 $0.00 $0.00 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U $15.45 $0.00 $0.00 $0.00
1 ton tool van $28.15 $0.00 $0.00 $0.00
Light plant $10.66 $0.00 $0.00 Note: Subcontracts Subtotal $11,474.60
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 12% $1 376.95
1 HP pump, hoses, figs $2.00 $0.00 $0.00 Subtotal $12,851.55
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cont. Markup @ 0% $0.00
Linkbelt 1600 $38.16 $0.00 $0.00 Total Subcontracts $12,851.55
Cat Vib Roller $39.43 $0.00 $0.00 Labor Total $0.00
Dynapac 8 TN Vib Roller $32.23 $0.00 $0.00 Equipment Total $0.00
$0.00 $0.00 Materials Total $5,553.90
Note: Equipment Subtotal $0.00 Subcontracts Total $12 851.55
SUMMARY Subtotal $18,405.45
Equip. Markup @ 21% $0.00 WSST @ 8.6% $1 582.87
,
EauiDment Total $0.00 Dailv F.A. Total $19,988.32
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Work around unknown (possibly abandoned) duct bank in trench line, Page of
Project No.: 5073 I Qroundwater travellinQ alonQ duct floodinQ trench Date: 13-Jan-09 '
labor Materials
Employee Straiqht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman 6.00 $60.19 $361.14 $0.00
Pipelayer 17.00 $48.74 $828.58 $0.00
Operator 7.00 $58.95 $412.65 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41.56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $0.00
$0.00 Use Tax @ 0% $0.00 ,
$0.00 Materials Markuo au 21 % $0.00
$0.00 Materials Total $0.00
Note: Labor Subtotal $1,602.37 Subcontracts
Labor Markuo (Q) 29% $464.69 Subcontractor's Name &
labor Total $2,067.06 Description of Subcontracted Work Quantitv Unit Unit Price Amount
-
Eauioment $0.00
Equipment Working Rental Operating Standby Standby $0.00
Descriotion & 10 No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator 4.0 $78.22 $0.00 $312.88 $0.00
Cat416C Backhoe 4.0 $32.21 $0.00 $128.84 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U 4.0 $15.45 $0.00 $61.80 $0.00
1 ton tool van 4.0 $28.15 $0.00 $112.60 $0.00
Light plant 4.0 $10.66 $0.00 $42.64 Note: Subcontracts Subtotal $0.00
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 12% $0.00
1 HP pump, hoses, figs $2.00 $0.00 $0.00 Subtotal $0.00
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cont. Markup @ 0% $0.00
Linkbelt 1600 $38.16 $0.00 $0.00 Total Subcontracts $0.00
Cat Vib Roller $39.43 $0.00 $0.00 Labor Total $2,067.06
Dynapac 8 TN Vib Roller $32.23 $0.00 $0.00 Equipment Total $797.10 ;
$0.00 $0.00 Materials Total $0.00
Note: Equipment Subtotal $658.76 Subcontracts Total $0.00
SUMMARY Subtotal $2,864.16
Equip. Markup @ 21 % $138.34 WSST @ 8.6% $246.32
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,
Eauioment Total $797.10 Dailv F.A. Total $3,110.47
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City of Bremerton
Engineering Division
Daily Force Account Summary Report
Contractor:
Stan Palmer Construction, Inc.
Project: SW Bremerton Sewer Forcemain Abandon 24" cnxn to 18" Watermain Page of ;
Project No.: 5073 Date: 22-Jan-09
labor Materials
Employee Straiaht Time Overtime Materials
Name Class. Hours Rate Hours Rate Amount Description Quantitv Unit Unit Price Amount
Foreman 2.00 $60.19 8.00 $88.52 $828.54 $0.00
Pipelayer 8.00 $48.74 5.00 $71.70 $748.42 $0.00
Operator 7.00 $58.95 2.50 $87.02 $630.20 $0.00
Truck Driver $35.89 $0.00 $0.00
Flagger $41.56 $0.00 $0.00
TCS $42.82 $0.00 $0.00
$0.00 $0.00
$0.00 Note: Materials Subtotal $0.00
$0.00 Use Tax @ 0% $0.00
$0.00 Materials Markup [a) 21 % $0.00
$0.00 Materials Total $0.00
Note: Labor Subtotal $2,207.16 Subcontracts
Labor Markup (Q) 29% G;640.08 Subcontractor's Name &
labor Total $2,847.24 Description of Subcontracted Work Quantitv Unit Unit Price Amount
Eauioment Ace Paving Standby 1.00 LS $2,210.16 $2,210.16
Equipment Working Rental Operating Standby Standby $0.00
Description & 10 No. Hours Rate Cost Hours Rate Amount $0.00
Hitachi/Komatsu 200 Excavator 8.0 $78.22 $0.00 $625.76 $0.00
Cat 416C Backhoe 2.0 $32.21 6.0 $5.29 $96.16 $0.00
12 CY End Dump $65.72 $0.00 $0.00 $0.00
Foreman P/U $15.45 8.0 $1.26 $10.08 $0.00
1 ton tool van $28.15 8.0 $1.65 $13.20 $0.00
Light plant $10.66 $0.00 $0.00 Note: Subcontracts Subtotal $2,210.16
30 KW diesel generator $13.28 $0.00 $0.00 Subs. Markup @ 12% $265.22
1 HP pump, hoses, ftgs $2.00 $0.00 $0.00 Subtotal $2,475.38
Vac Sweeper Truck $78.12 $0.00 $0.00 Prime Cont. Markup @ 0% $0.00
Linkbelt 1600 $38.16 $0.00 $0.00 Total Subcontracts $2,475.38
Cat Vib Roller $39.43 $0.00 $0.00 labor Total $2,847.24
Dynapac 8 TN Vib Roller $32.23 $0.00 $0.00 Equipment Total $901.69
$0.00 $0.00 Materials Total $0.00
Note: Equipment Subtotal $745.20 Subcontracts Total $2475.38
SUMMARY Subtotal $6,224.31
Equip. Markup @ 21% $156.49 WSST @ 8.6% $535.29
Eauipment Total $901.69 Dailv F.A. Total $6,759.60
DATE SUBfvllTTFD: April 15, 200t)
131 L L ff __~Q~L:=--_LD-B ___
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
........................................................................................
SUBJECT: Professional Services
Agreement with HDR Engineering, Inc. tl.)r
Design of an Ultraviolet Treatment Facility
and 2009 Budget Adjustment to Recognize
Additional Revenue from the American
Recovery and Reinvestment Act (ARRA),
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
_ AJ2ril22,_~_002~____
~'i~L6--,}O(~_____
PW &U Engineering
--- ------
Michael Mecham
473-5288
SUMMARY: Based on an evaluation of qualitied consultants, the City has selected HDR
Engineering, Inc, to provide consulting engineering services for the UV Treatment Facility Project.
The project includes design and construction of a 4000 square foot building with UV treatment
equipment capable of treating 18 MGD with an emergency generator and associated chlorination
facilities. The not-to:.exceed amount of the contract is $850,189,00. As a result of the ARRA award
and the accelerated schedule a 2009 budget adjustment will be required for this project.
A TT ACHMENTS: 1. Council Summary; 2. Professional Services Agreement.
FISCAL IMP ACTS (Include Budgeted Amount): The project is partially funded by a forgivable
principal DWSRF loan at $6,000,000. The balance ofthe project, estimated to be $1,240,000, will be
funded by water rates. The 2009 budget for this project is currently $275,000. A budget adjustment
will be required to increase that amount to $2,500,000; ---
A-PPROV 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 approve the Professional Services Agreement with HDR
Engineering, hie., in the amount of $850, 1 ~9.0() to provide design services tl.)l- the Ultraviolet
Treatment Facility and authorize the Mayor to tinalize' and execute the agreement upon acceptance or
pre-authorization of the grant funding and further move to adjust the 2009 approved budget to
recognize the additional revenue from the ARRA to reimburse the City's costs tl.)r the project tl.)r the
balance of the year.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
UV WATER DISINFECTION PROFESSIONAL SERVICES
AGREEMENT
Contract Summary
The City has been offered funding for design and construction of an Ultraviolet
(UV) Treatment Facility from the American Recovery and Reinvestment Act
(ARRA) through the Drinking Water State Revolving Fund. UV treatment was
selected as the method of potable water disinfection for compliance with the
Long Term 2 Enhanced Surface Water Treatment Rule the City's January 2008
Project Report. Implementation of the enhanced water treatment is required by
2012; however, the City is expediting installation due to the offer of grant funding.
The ARRA funding requires that the project be under construction by February
16, 2010. To meet this deadline, the project must be completed on a "fast track"
schedule. The project is intended to be constructed in phases, with the first
phase under construction before the end of 2009. Staff, along With Councilman
Gehring conducted interviews of two firms on April 13th, and selected HDR
Engineering as the firm most qualified for the design of the facility. Staff has
negotiated a scope of work and budget with HDR. The budget for these design
services is $775,189.00 with an additional services allowance of $75,000 for a
total contract amount of $850,189.00. '
The scope includes design and bidding support services for site grading and
utilities installation, UV equipment pre-purchase, generator pre-purchase, and
final building construction and installation of the process mechanical and
electrical. The scope of scope of construction support services will be negotiated
at a later date and will require an amendment to this agreement. Notice to
proceed will be contingent upon receipt of the grant.
Fiscal Summary
The total project cost is estimated at $7,240,000. The City has been offered
$6,060,000 (maximum award amount) in "forgivable principal loan" funds (grant
funds) for the work. The 2009 budget for this project is $275,000, and requires
an increase to $2,500,000 for work projected to be completed in 2009.
May 6, 2009
Council Summary
UV Treatment Facility
PROFESSIONAL SERVICES AGREEMENT
FOR UV TREATMENT FACILITY
DESIGN AND CONSTRUCTION SERVICES
This Agreement is between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City") and HDR Engineering, 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 Wark, dated May 1, 2009, including any attachments thereto, attached hereto as Exhibit
A, which is incorporated by reference herein. -'- The Scope of Work may be modified only
pursuant to Section VII D. of this Agreement. If the Scope of Work provides for unspecified
additional services the City may request, such services shall only be performed upon the express,
written request ofthe City.
II. Term: This Agreement commences upon issuance of a written Notice to Proceed by the
City and terminates on December 31, 2010, unless another date is substituted pursuant to
Sections IX. The Parties agree that time is of the essence for completing this work and agree that
work under this agreement will be completed by the termination date of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed Eight Hundred and Fifty Thousand, One
Hundred and Eghty Nine Dollars ($850,189). Consultant's charges and bills shall conform to
the fee schedule attached as Exhibit B and incorporated herein by reference. The amounts for
individual tasks set forth in Exhibit B may vary provided the total is within the not-to-exceed
amount, less the amount set aside for additional services, of this Agreement.
The Consultant shall submit regular billing statements describing services rendered and
the amount charged for each service consistent with the level of detail provided in Exhibit B. The
descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon
receipt of a conforming billing statement, the City shall promptly process payment.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compensated as set out in the request or, if the request does not so provide, as set out
in Exhibit B.
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.
Bremerton/HDR UV Treatment Facility
Professional Services Agreement
Page I of5
IV. Opinions Of Probable Cost (Cost Estimates) Any opinions of probable project cost or
probable construction cost provided by Consultant are made on the basis of information available
to Consultant and on the basis of Consultant's experience and qualifications, and represents its
judgment as an experienced and qualified professional engineer. However, since Consultant has
no control over the cost of labor, materials, equipment or services furnished by others, or over
the contractor(s') methods of determining prices, or over competitive bidding or market
conditions, Consultant does not guarantee that proposals, bids or actual project or construction
cost will not vary from opinions of probable cost Consultant prepares.
V. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of
Work and will perform independent functions and responsibilities in the area of its particular
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 or contractors.
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, B&O, 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.
VI. Insurance and Hold Harmless: Consultant shall provide Certificates of Insurance to the
City's Risk Manager verifying the following coverage: 1) a professional liability policy ("E&O")
providing coverage of $1 ,000,000 for negligent errors and omissions committed by Consultant
while performing its obligations under this Agreement, and 2) a comprehensive general liability
("CGL") policy providing coverage of at least $1,000,000 per occurrence and including bodily
injury and property damage. The CGL shall name the City as an additional insured. Both policies
shall remain in full force and effect, and provide coverage for the full term of this Agreement.
Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or
change of coverage of either policy.
Consultant shall, a~ all times, be solely responsible for the negligent or wrongful acts or
failures to act of its personnel, sub consultants and agents which arise in any way out of the
performance of this Agreement. Consultant agrees to defend, indemnify, and hold harmless the
City and its appointed and elected officials and employees from and against any and all liability,
loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of
actions, claims, or lawsuits for damages resulting from personal or bodily injury, including death
Bremerton/HDR UV Treatment Facility
Professional Services Agreement
Page 2 of5
any time resulting therefrom, sustained by any person or persons, and on account of damage to
property, to the extent arising out of the willful misconduct or negligent performance of the
Agreement, if such injuries to persons or damage to property is due to the willful or negligent act
or omission ofthe Consultant, its sub consultants, its agents, or assigns.
The City and Consultant have specifically negotiated Consultant's waiver of its immunity under
Title 51 RCW, which is hereby waived for purposes of Consultant's indemnification and hold
harmless of the City, including the duty to defend. This provision shall be inapplicable to the
extent such action, claim, or lawsuit is judicially found to arise from the acts or failures to act of
the City.
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. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices:
Notices shall be in writing and delivered to the following addresses:
City Address
City of Bremerton
239 4th Street
Bremerton, W A 98337
Consultant Address
HDR Engineering, Inc.
500 108th Avenue NE Ste 1200
Bellevue, W A 98004-5549
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
Bremerton/HDR UV Treatment Facility
Professional Services Agreement
Page 3 of 5
H. 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.
1. Attorneys' Fees: To the extent not inconsistent with RCW 39.04.240, in any claim or
lawsuit for damages arising from the parties' performance of this agreement, each party shall be
responsible for payment of its own legal costs and attorney's fees incurred in defending or
bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to
indemnification under Section VI of this agreement
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement may be terminated, at will, by the City upon 30 days'
notice to the Consultant. This Agreement may be immediately terminated for cause by either
Party if the other Party substantially fails to perform through no fault ofthe terminating Party,
and the non-performing Party does not commence correction of the failure of performance within
five days of the terminating Party's sending notice to the non-performing Party. Upon
termination the City will be entitled to reports showing the status and/or all work products,
independent of their stage of completion or preparation format, of all items listed in the Scope of
Work current through the termination date.
X. Standard Of Performance: The standard of care for all professional engineering and
related services performed or furnished by Consultant under this Agreement will be the care and
skill ordinarily used by members of Consultant's profession practicing under the same or similar
circumstances at the same time and in the same locality.
XI. Construction Procedures: Consultant's observation or monitoring portions of the work
performed under construction contracts shall not relieve the contractor from its responsibility for
performing work in accordance with applicable contract documents. Consultant shall not control
or have charge of, and shall not be responsible for, construction means, methods, techniques,
sequences, procedures of construction, health or safety programs or precautions connected with
the work and shall not manage, supervise, control or have charge of construction.
XII. Re-Use Of Documents: 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 and
without liability or legal exposure to Consultant, and City will defend, indemnify and hold
harmless Consultant from all claims, damages, losses and expenses, including attorney's fees
arising or resulting therefrom. The format for documents and work products shall be as specified
in the exhibits.
Bremetion/HDR UV Treatment Facility
Professional Services Agreement
Page 4 of 5
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
HDR ENGINEERING, INC.
CITY OF BREMERTON
Dave Peters, P.E.,
Vice President
date
Cary Bozeman,
Mayor
date
Departmental Approval
Phil Williams, Director PW & U
Approved as to fonn:
Roger Lubovich, City Attorney
Received for Filing:
Carol Etgen, City Clerk
Bremerton/HDR UV Treatment Facility
Professional Services Agreement
Page 5 of 5
Exhibit A - Scope of Services (Draft)
Date: Mav 1. 2009
Engineering Design, and Bidding Support Services for the Bremerton
UV Treatment Facility
The purpose of this scope of services is for HDR Engineering, Inc. ("CONSULTANT") to
provide engineering design and construction support services for the UV Treatment Facility
project for the City of Bremerton, Washington ("CITY") as described herein. Services will not
proceed without written authorization from the CITY to the CONSULTANT. Additional or
optional tasks not specifically addressed in the following Scope of Services will not proceed
without prior written authorization from the CITY.
The UV Treatment Facility (UVTF) generally includes site work, inlet and outlet piping with a
facility bypass, UV disinfection, a flow diversion facility and outfall to Twin Lakes, flow control,
chlorine disinfection, standby power generation, telemetry for system controls and bui,lding
with small lab space and control room. It is assumed that the project will be substantially
similar to the plan presented in the CITY's UV system planning document. The project will
be implemented through issuing four (4) separate contract packages to appropriate vendors
or contractors. These packages are defined as follows:
. Contract No. 1 - Site and Utility Preparation
. Contract NO.2 - Ultraviolet Disinfection System Procurement
. Contract NO.3 - Backup Electric Power Generator System Procurement
. Contract No.4 - Disinfection Facility Equipment Installation and Construction
Engineering design will be in accordance with applicable requirements of the latest version of
the "Water System Design Manual", Washington State Department of Health (DOH).
The Scope of Services of the CONSULTANT is described in more detail under the following
tasks and subtasks:
. Task 1 - Site and Utility Preparation Contract Bid Documents
. Task 2 - Permit Acquisition and Environmental Compliance
. Task 3 - Ultraviolet Disinfection Equipment Selection
. Task 4 - Disinfection System Evaluation and Selection
. Task 5 - Utility Power Evaluation and Genset Equipment Selection
. Task 6 - Preliminary Design Development Services
. Task 7 - Final Design Services
. Task 8 - Bidding Services
. Task 9 - Project Management Services
Services on Tasks 1 through 6 and Task 9 will be authorized with the execution of this
Agreement. Scope and budget for Tasks 7 and 8 will be authorized upon completion of
Tasks 1 through 6. A fee estimate summary for payment to the CONSULTANT for each
scope task is provided as Exhibit B to this Agreement.
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Task 1 - Site and Utility Preparation Contract Bid Documents
The CONSULTANT will prepare construction documents including drawings and
specifications for the site and utility preparation contract bid documents of the proposed
UVTF, which will be suitable for bidding and construction purposes. The following activities
are included in the proposed scope of work.
Assumptions
. Task deliverable will include, in general; construction documents for site grading
("pad ready"), yard piping and electrical/communication / control utilities.
Stormwater grading and detention facilities will also be included in the construction
documents.
. Construction documents for the septic tank and drain-field will also be provided and
stamped by the CITY.
. CITY will conduct all bidding services and construction services for this contract.
Subtask 1.01 - Topographical Surveys
This task includes the activities to perform topographical and boundary surveys as necessary
for use in the preparation of the construction documents for the proposed facility.
Consultant Services
. Provide surveying services confirming location and elevation of the existing facilities,
yard piping, and associated structures.
. Provide field topographic and utility location surveying that will be used to develop
base maps for the proposed site and facilities improvements.
. Field surveys will also include the location of all subsurface borings required under
Subtask 1.02 - Geotechnical Investigation.
Assumptions
. Elevations will be based on the NGVD 1929 datum.
. Horizontal control will be based on two monuments set within the US Navy railroad
right-of-way lying southerly and easterly of the proposed project site (GPS Monument
SB 30 and SB 31).
. Marking of underground utilities will be provided by the CITY.
. An allowance of $11,900 has been budgeted for this task.
. Also included is data analysis and mapping activities.
Oeliverables
· Topographic survey base maps in electronic format (AutoCAD 2008) with 2-foot
contours at 20-scale.
Subtask 1.02 - Geotechnical Investigation
This task includes the activities to perform subsurface explorations and to provide
geotechnical engineering services to aid in foundation design of the new chlorine and UV
treatment buildings, and trenching recommendations for the related pipeline.
Consultant Services
. Explore the subsurface conditions at the subject site with six (6) test pits excavated
with a backhoe.
2
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
. Prepare a written report presenting the results of the subsurface explorations and
engineering recommendations. '
. Present recommendations regarding issues such as foundation design, seismic
design (2006 International Building Code), lateral earth pressures, drainage, site
preparation, fill placement, excavations, and wet weather earthwork.
. Provide the written report within two to three weeks after the explorations are
completed.
. Provide preliminary results of the subsurface explorations orally a day or two after the
test pits are completed.
Assumptions
. Four (4) test pits will be located around the proposed building pad sites and two (2)
test pits will be located along the proposed pipeline route, subject to access
limitations.
. Each test pit will extend to depths of 5 to 8 feet.
. The subsurface explorations will be used to obtain information on the engineering
properties of the soils, depth to competent bearing soils, behavior of the soils during
excavation, and location of groundwater, if present. Laboratory tests on the soil
samples obtained during test pit excavation will include natural water content and
grain size distribution. These index tests will be used to determine the suitability of
the on-site soils for use as structural fill.
. Process building is anticipated to be a single-story with slabs on grade and spread
footing foundations
. Environmental assessment or evaluation regarding the presence or absence of
wetlands, hazardous or toxic materials in the soil, surface water, groundwater, or air
at the subject site is not included.
. Because of the inherent uncertainties in subsurface evaluations, the actual
characteristics may vary significantly between successive test points and sample
intervals and at locations other than where observations, changed or unanticipated
underground conditions may occur that could affect total project cost and/or execution
that are beyond the control of the CONSULTANT.
· Marking of underground utilities will be provided by the CITY prior to digging at the
site.
. The CITY will provide a backhoe and operator to dig up to six (6) test pits as directed
by the CONSULTANT.
. An allowance of $7,500 has been budgeted for this task.
Oeliverables
. Geotechnical report with boring logs and test pit information, as required.
Subtask 1.03 - Preparation of Contract Documents
This task includes the preparation of final design documents suitable for the construction of
the site and utility preparation for the proposed facility.
Consultant Services
· Conduct final design activities, which include the development of design drawings
and specifications for the following design discipline areas; Civil/Site and Drainage,
Yard Piping, and Site Electrical
3
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Assumptions
. A total of six (6) construction drawings were estimated for the facilities.
. Civil design will consider potential application of Low Impact Development (LID)
techniques
. Due to the expedited schedule, the CITY will only conduct a ninety (90) percent
interim design review.
. The CITYwill participate interactively with the CONSULTANT in the ongoing
development of the documents.
. CITY will provide the design of the septic tank and drain field. CITY will also conduct
all required percolation tests to determine criteria for the drain field design.
. The CITY will provide to the Consultant, applicable design requirements, standards,
and piping/material preferences prior to preparation of final design drawings.
. The CITY will also provide to the Consultant, applicable general condition documents
including bidding documents prior to preparation of final design drawings.
Oeliverables
. Six (6) copies of the ninety (90) percent bid documents for review.
. Two (2) copies of the final bid documents, which includes; half size (11" x 17") set of
the final design drawings, plus technical specifications and applicable City of
Bremerton legal documents including Division 0, and final construction cost estimate.
. One (1) full size (22" x 34") set of final design drawings.
. An electronic copy of the final deliverables will also be provided on a CompactDisc
(CD). The drawings will be in AutoCAD format.
Task 2 - Permit Acquisition and Environmental Compliance
This task includes permit acquisition and environmental compliance services for the UV
Treatment Facility.
Assumptions
. An allowance of $15,000 has been budgeted for this task.
Subtask 2.01 - Site Visit
This task includes the field visit of the propose project site and preliminary permitting
consultation with CITY officials.
Consultant Services
. Visit the site to become familiar with engineering, environmental, and permitting
elements of the project.
Assumptions
. Site visit will be 8 hours in length and include a pre-application meeting with City of
Bremerton Planning Department to discuss permitting requirements (see Subtask
2.02 below).
Oeliverables
. None.
4
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Subtask 2.02 - Permit Application Preparation and Coordination
This task includes the activities required for permit application preparation and coordination
with the CITY.
Consultant Services
. Provide permitting support and coordination throughout the final design activities that
will include the following:
Meet monthly with the design team throughout final design to ensure that
environmental constraints and issues are considered and addressed in all facility
siting and design decisions.
Attend City of Bremerton pre-application meeting (to be scheduled concurrent
with the site visit in Subtask 2.01).
Prepare draft and final permit applications and supporting submittal information
(transmittal letters, permit applications, submittal checklists, project narratives) in
a format that is acceptable to the permitting agencies.
Provide follow-up coordination (responding to questions and requests for
additional information after permit application submittal.
Assumptions
. Pre-application meeting will be held on the same day as the site visit for a total of no
more than 8 hours.
.. The following permits/approvals will be required:
City of Bremerton Shoreline Substantial Development Permit
City of Bremerton Site Development Permit
City of Bremerton Building Permit
W A Department of Ecology NPDES Construction Stormwater General Permit
. The City will prepare and submit all City permit applications.
. The CONSULTANT will prepare the NPDES Construction Stormwater General Permit
Notice of Intent and Public Notice.
. The City will submit the Ecology NPDES NOI and have the public notice published in
a local newspaper of general circulation.
. The Stormwater Pollution Prevention Plan, required by the NPDES Construction
Stormwater General Permit, will be prepared by the selected contractor.
Deliverables
. Draft and Final Notice of Intent and Public Notice for the Ecology NPDES
Construction Stormwater General Permit.
Subtask 2.03 - State Environmental Policy Act (SEPA) and State Environmental
Review Process (SERP) Compliance
This task includes the activities to prepare documents required for State Environmental
Policy Act (SEPA) and State Environmental Review Process (SERP) Compliance.
Consultant Services
. Prepare a Project-Specific SEPA Environmental Checklist and pursue a Project-
Specific Determination of Nonsignificance (DNS) for the Site and Utility Preparation
contract for the UV Treatment Facility.
5
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
. Prepare the State Revolving Fund (SRF) Environmental Checklist to support the
State Environmental Review Process.
Assumptions
. The City, as Lead Agency, will adopt the SERP determination.
. No sensitive/critical areas will be impacted.
. No cultural resources will be encountered in the project site.
. National Environmental Policy Act compliance is not required.
Oeliverables
. Draft and Final Project-Specific SEPA Environmental Checklist.
. Draft and Final Project-Specific SRF Environmental Checklist.
Subtask 2.04 - Endangered Species Act Compliance
As a result of the Federal stimulus funding, Section 7 Endangered Species Act Compliance
must be documented. This task includes the activities to prepare documents required for
Endangered Species Act (ESA) Compliance.
Consultant Services
. Prepare an ESA compliance letter documenting the presence or absence of ESA
species. Current species lists for the project area will be obtained from the U.S. Fish
and Wildlife Service, NOAA Fisheries, and Washington State Department of Fish and
Wildlife.
Assumptions
. No ESA species occur in the project area.
. A biological assessment will not be required.
. An ESA compliance letter will satisfy the ESA compliance requirement.
. A "Determination of No Effect" will be made for project impacts.
Oeliverables
. Draft and Final ESA compliance letter.
Subtask 2.05 - Cultural Resource Assessment
Assumptions
. No cultural resources will be encountered in the project site.
Task 3 - Ultraviolet Disinfection Equipment Selection
This task includes the design, bidding, regulatory coordination, and shop drawing
coordination services for the selection and pre-purchase of the ultraviolet (UV) disinfection
system supplier for the facility.
Subtask 3.01 - UV Facility Site Visits and Pre-proposal Workshop
The CONSULTANT will conduct site visits of treatment facilities with similar process
configurations to those proposed for the UVTF. Site visits are proposed for the following
treatment facilities:
6
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Plant Name
Kennewick WTP
Richland WTP
Location
Kennewick, W A
Richland, WA
Flow Capacity
15 mgd
15 mgd
Consultant Services
. Tour the two identified sites with members of CITY staff. Ron Brown and/or Bryan
Black will attend the site visits from the CONSULTANT team.
. Attend and conduct an UV pre-proposal workshop with the CITY for the purpose of
reviewing and developing criteria to be incorporated into the UV Systems RFP
package.
. Present proposed design criteria and O&M issues, make decisions for vendor
requirements and selection criteria. Discuss current DOH thoughts on UV dose and
approval process.
. Document meeting discussions and results in meeting minutes and distribute them to
all attendees.
. Investigate the "Buy American" provision of the stimulus funding requirements and
evaluate the impacts on potential equipment options for the CITY.
Assumptions
. The CITY will be responsible for organizing CITY staff travel and lodging
arrangements for each of the site visit.
. The CONSULTANT will be responsible for organizing CONSULTANT staff travel and
lodging arrangements for each of the site visit.
. One (1) 8-hour workshop, attended by Bryan Black, Andy Hill, and Ron Brown, will be
conducted. Comments generated from the workshop will be incorporated into the
final RFP package.
. CITY will select the procurement strategy for the UV equipment at the conclusion of
the workshop.
Oeliverables
. Technical memorandum summarizing the lessons learned from each facility visited.
The memo will also include positive and negative features of the plants that were
visited, highlighting design issues, and recommendations for the Bremerton UV
Treatment Facility.
. Comments generated during the workshop will be summarized along with the final
determination of the procurement strategy in workshop meeting notes and submitted
to the CITY.
Subtask 3.02 - Preparation of UV Procurement Documents
This task includes the preparation of the procurement documents suitable for inclusion with a
Request for Proposal (RFP) soliciting bids from UV system suppliers. Task activities include
the development of a preliminary process and instrumentation diagram (P&ID) and final
specifications for the following systems: .
. UV System
. UV System Supplier Services and Performance Testing
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Consultant Services
. Prepare the technical specifications for the referenced equipment. Water quality data
will be analyzed for presentation in the RFP.
. Conduct an internal senior technical review of the technical specifications and
preliminary drawings prior to issuing the RFP package to the CITY. Key sections of
the RFP will be submitted to DOH for review and comment.
. Participate in a conference call to discuss CITY review comments on the draft RFP.
Assumptions
. A total of two (2) P&IDs are estimated for the bid package.
. The CITY will determine the selection criteria to be used in evaluating the UV system
supplier, for incorporation into the RFP documents, with support from the
CONSULTANT.
. The CONSULTANT will prepare legal bid forms and requirement documents for
inclusion with the RFP package.
. The CITY will review the specifications and legal documents to be included with the
RFP documents.
Oeliverables
. Applicable UV system technical specification and preliminary design drawings.
. Two (2) copies of the final RFP documents, which include; one half size (11" x 17")
set of the final design drawings, plus technical specifications and applicable City of
Bremerton legal documents.
Subtask 3.03 - UV System Bidding Services and Document Coordination
This task includes the bidding services associated with the Request for Proposal (RFP)
soliciting bids from UV system suppliers.
Consultant Services
. Produce the RFP package use the drawings and specifications prepared in Subtask
3.02.
. Respond to bidder's questions and prepare addenda.
Assumptions
. The CITY will conduct all bidding services and construction services for this contract.
. The CITY will serve as primary contact for questions and will issue addenda, if
needed.
. The CITY will receive requests for bid documents and distribute copies via overnight
delivery to prospective bidders.
. The CITY will receive formal proposals from the prospective UV suppliers.
. The CONSULTANT will respond to inquiries from the CITY during the bid period and
prepare all addenda.
. The CITY will receive formal proposals and validation reports and distribute a copy to
the CONSULTANT for review and recommendation.
. The CITY will prepare documents for submittal to the City Council for review and
acceptance of the selected UV System Supplier.
Oeliverables
. Addenda during bid period.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
. Recommendation of UV System Supplier, including reference check reports as
appropriate.
. Review comments for UV System supplier.
Subtask 3.04- Evaluation of UV Proposals and Regulatory Coordination
This task includes services to provide assistance to the CITY for the purpose of conducting
due diligence activities associated with the evaluation of the proposal respondents.
Consultant Services
. Review of the submitted proposals from prospective equipment vendors.
. Conduct phone interviews of references provided by the prospective bidders.
Document all contacts in written format and will provide copies to the CITY.
. , Verify bidder financial information and stated equipment performance.
. Review UV validation reports received and coordinate with DOH for regulatory
approval. Submit validation reports to DOH for the preferred UV equipment option.
. Coordinate between the DOH and the UV system supplier to respond to regulatory
questions related to equipment sizing and operation.
Assumptions
. Selected UV system will be approved by DOH.
Deliverables
. Telephone interview reports.
. Regulatory submittals and correspondence as noted above.
Subtask 3.05 - Develop UV Lamp Breakage Response Plan
This task includes activities to develop a lamp breakage response plan for the CITY that is
required for DOH to approve system operation.
Consultant Services
. After shop drawing review, prepare a lamp breakage response plan.
. Attend and conduct an UV workshop with CITY staff to discuss lamp breakage issues
and potential responses.
. Incorporate lamp break response decisions into the design and control systems.
. Submit a draft lamp break response plan to the CITY for review and comment.
. Submit a draft lamp break response plan to the DOH for review and comment, after
incorporating CITY review comments.
. Submit a final lamp break response plan to the CITY and DOH for final approval.
Deliverable
. Draft Lamp Break Response plan to CITY.
. Final Lamp Break Response plan to CITY and DOH.
Task 4 - Disinfe.ction System Evaluation and Selection
The CONSULTANT will develop and evaluate secondary disinfection alternatives that will
meet the requirements for multi-barrier disinfection along with UV disinfection for compliance
with the L T2ESWTR. The evaluations will be limited to the following disinfection systems:
. Gaseous Chlorine
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
. Liquid Sodium Hypochlorite (Bulk Delivery)
. Liquid Sodium Hypochlorite (On-Site Generation)
The CONSULTANT will conduct the following subtasks as described below, to complete the
evaluation of the secondary disinfection systems.
Subtask 4.01 - Develop and Evaluate Disinfection System Alternatives
Consultant Services
. Develop preliminary design and sizing requirements for each of the disinfection
systems under evaluation.
. Identify and document, for each disinfection system, advantages and disadvantages.
. Identify and document special system requirements such as; materials of
construction, process controls, or support systems.
. Develop and document the feasibility-level cost estimate for each disinfection system.
Cost estimates will include capital and annual operation and maintenance costs. Life-
cycle cost analysis will also be developed and documented.
. The CONSULTANT will conduct a preliminary evaluation of each disinfection system.
Based on the life-cycle feasibility cost analysis, the disinfection systems will be
ranked. The ranking of the systems will also include consideration of any major
advantages or disadvantages previously documented.
Assumptions
. Only three disinfection systems will be developed and evaluated.
Oeliverables
. Summary memo with results of task activities and disinfection system
recommendation.
Subtask 4.02 - Disinfection System Evaluation Workshop
This task includes the activities for conducting a workshop for the purpose of design review
with the CITY and coordination and QC review with senior staff.
Consultant Services
. Attend and conduct a disinfection system evaluation workshop with the CITY for the
purpose of reviewing the evaluation results of the previous work activities.
. Present and discuss design issues, review comments, and determine disinfection
system during the workshop.
. Document meeting discussions, decisions, and results in meeting minutes and
distribute them to all attendees.
Assumptions
. One (1) 8-hour workshop, attended by Greg Pierson and Ron Brown, will be
conducted.
. Workshop will be conducted, at a CITY location to be determined.
Oeliverables
. Comments generated during the workshop will be summarized along with the
proposed resolution in workshop meeting notes and submitted to the CITY.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Subtask 4.03 - Prepare Summary Memorandum
This task includes the preparation of a summary memorandum documenting the activities of
the disinfection system evaluation and selection.
Consultant Services
. Prepare summary memorandum documenting the findings of the previous work
activities.
. Incorporate analysis results and recommendations into the Project Report
Amendment for submittal to DOH.
. Incorporate analysis results and recommendations into the Final Contract
Documents.
Assumptions
. None
Oeliverables
. Draft and final version of a summary technical memorandum.
Task 5 - Utility Power Evaluation & Genset Equipment Selection
This task includes evaluation of the power supply quality and its suitability for a UV facility
application. This task a,lso includes the design and bidding services for the selection and
pre-purchase of the backup power generation (Genset) equipment supplier for the facility.
Subtask 5.01 - Power Systems Evaluation
The CONSULTANT will review the existing primary power supply to the proposed
disinfection facility site.
Consultant Services
. Compare the adequacy of the existing power supply and distribution system for use
with the requirements for the proposed facilities.
. Develop preliminary design and sizing requirements for the treatment facilities and
determine the power requirements.
. Coordinate with PSE to determine the scope of work required to provide power to the
site and clearly define each party's construction responsibility.
Assumptions
. Information on existing power use and source reliability will be provided by CITY to
assess the reliability of the existing power supply.
. Costs developed for comparison will be order-of magnitude costs.
. Analysis will be based on the ultimate capacity of the proposed UV treatment
facilities.
Oeliverables
. Technical memorandum documenting the results of the task activities.
Subtask 5.02 - Preparation of Contract Documents
The CONSULTANT will prepare preliminary design documents and specifications to be part
of the Request for Proposal (RFP) contract documents soliciting bids from Genset system
11
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
suppliers. Task activities include the development of preliminary design drawings and final
specifications for the following systems:
. Backup Power Generation Equipment
. Backup Power Generation Equipment Services and Performance Testing
Consultant Services
. Prepare the technical specifications for the referenced equipment.
. Conduct an internal senior technical review of the technical specifications and
preliminary drawings prior to issuing the RFP package to the CITY.
Assumptions
. A total of two (2) preliminary design drawings are estimated for the bid package.
. Drawings for the equipment/vendor bid package include: relevant general sheets,
preliminary UVTF site development, and site electrical and one-line diagrams.
. Backup power generator will be propane driven.
. The RFP packages will be submitted and received by the CITY.
. The CITY will provide draft legal bid forms and requirement documents for inclusion
with the RFP package.
. The CITY will determine the selection criteria to be used in evaluating the backup
power generation system supplier, for incorporation into the RFP documents, with
support from the CONSULTANT.
. One (1) 2-hour conference call with the CONSULTANT Electrical Engineer and Ron
Brown, will be conducted.
Deliverables
. Applicable backup power generation system technical specification and preliminary
design drawings.
Subtask 5.03 - Equipment Selection Biddina Services
The CONSULTANT will use the drawings and specifications prepared in Subtask 5.02 to
produce the RFP package. .
Consultant Services
. Submit RFP package for bid advertisement
. Respond to bidder's questions and prepare addenda.
Assumptions
. The CITY will receive requests for bid documents and distribute copies via overnight
delivery to prospective bidders.
. The CITY will serve as primary contact for questions and will issue addenda, if
needed to provide clarification or correction to the bid documents.
. The CONSULTANT will respond to inquiries from the CITY during the bid period and
prepare all addenda.
. The CITY will receive formal proposals from the prospective Power Generation
System suppliers.
. The CITY will receive formal proposals and distribute a copy to the CONSULTANT for
review and recommendation.
· The CITY will prepare documents for submittal to the City Council for review and
acceptance of the selected Power Generation System Supplier.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Oeliverables
.A camera-ready copy will be provided to the CITY.
· Recommendation of Power Generation System Supplier, including reference check
reports as appropriate.
Task 6 - Preliminary Design Development Services
This task includes the Preliminary Design Development Services to amend the previously
approved Project Report and summarizes the basis of design for the UV Treatment Facility.
Subtask 6.01 - Security and Vulnerability Assessment
This task includes the risk management assessment methodology for water utilities.
Consultant Services
· Apply portions of the Sandia National Labs RAM-W process during the design
activities to provide an appropriate level of security for the treatment plant facilities.
· Modify and tailor the RAM-W process, intended for assessments of existing water
utilities, to make it applicable to the design of new facilities.
· Cyber security is a component of the RAM-W process, but is applied differently than
for the physical facilities. Assess the potential vulnerabilities and security
requirements of the SCADA systems.
Assumptions
· Specific threats from man made sources include vandalism, isolated criminal activity,
and system-wide threats from terrorist activity.
· Security measures to be addressed may include perimeter security, surveillance and
reporting, and cyber-security needs.
· One (1) 8-hour workshop held between a security professional on the
CONSULTANT's team, the lead I&C engineer, and CITY staff.
Oeliverables
· Technical Memorandum summarizing the findings and recommendations of the
security and vulnerability assessment.
Subtask 6.02 - Preliminary Design Development Workshop
This task includes the activities for conducting a design development workshop with the
CITY.
Consultant Services
· Attend and conduct workshops with the CITY for design development.
· Present and discuss design issues, review comments, and decisions developed
under previous task activities.
· Document meeting discussions and results in meeting minutes and distribute them to
, all attendees.
Assumptions
· One (1) 8-hour design review with the CITY will be conducted.
· Workshop will be conducted at a CITY location to be determined.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Oeliverables
. Comments generated during the workshop will be summarized along with the
proposed resolution in workshop meeting notes.
Subtask 6.03 - Amended Project Report and Basis of Design Report
This task includes the activities to amend the previously approved Project Report and
develop a Basis of Design Report for follow-up design activities.
Consultant Services
. Update engineering calculations and assumptions, project cost information, and
associated planning information and include in the Project Report amendment.
. Submit the draft Project Report amendment to the CITY and DOH for review and
comments. The Project Report amendment will also include the revised capital and
operating costs.
. Submit the final Project Report amendment for final DOH approval.
. Prepare a Basis of Design Report which includes the design criteria for each of the
design disciplines.
. Submit the draft Basis of Design Report to the CITY for review and comments.
Assumptions
. CITY will review the draft deliverable and provide comments to the CONSULTANT.
Oeliverables
. Copies of the draft and the final versions of the Project Report amendment.
. Copies of the draft and the final versions of the Basis of Design Report.
Subtask 6.04 - Assessment of land Communications to UVTF
This task includes the assessment of communication options to the UV Treatment Facility.
Ethernet connectivity has become the standard for a wide variety of communications needs,
including security systems, building automation, fire alarms, telephone, cameras, and
SCADA. By use of a common communication protocol based on the Open Systems
Interconnection model, the most common being Ethernet, components from different
manufacturers can communicate.
Consultant Services
. Evaluate various land based and radio based communications options.
. List estimated installation costs and yearly costs, review advantages and
disadvantages for the communication options.
. Determine availability of leased telephone lines from Qwest to the UVF, for voice,
alarm, and SCADA.
. Determine availability of broadband communications from Qwest or Wavebroad
Band, such as DSL or Cable.
. Evaluate installing conduit/fiber optic from the UVF to the Gold Mountain Golf Course
maintenance facility (south of UVF, accessed from Port of Bremerton Industrial Park),
to connect to cities internet and telephone service at that location.
. Costs to make a fiber optic connection from the UVF to Well 18/20
. Determine availability to connect to the Kitsap County PUD fiber optic cable.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Assumptions
. One (1) 2-hour conference call held between the CONSULTANT's communications
engineer, and CITY staff.
Deliverables
. Summary technical memo with the findings and recommendations of the
communications assessment.
Task 7 - Final Design Services
Final design services include engineering activities required to develop contract documents
suitable for bidding purposes. Contract documents will include construction. plans and
specifications, and the engineer's construction cost estimate. Final design activities include
the development of design drawings and specifications for the following design discipline
areas:
. Process Mechanical,
. Civil/Site and Drainage,
. Architectural and Structural,
. Heating, Ventilating, and Air Conditioning (HVAC), and Plumbing,
. Electrical, and Instrumentation and Control (I&C).
Assumptions
. A total of sixty (60) construction drawings were estimated for the facilities.
. Design includes one (1) building on the site. Building includes the UV facilities and
related controls, the chlorine disinfection system, and backup power systems.
. Provide control system integration for panel configurations, wiring schematics,
software development, startup services, and specification for hardware procurement.
Coordinate with CITY's contract integrator to ensure compatibility with existing
SCADA system.
. The CITY will provide to the CONSULTANT, applicable design requirements,
standards, and equipment preferences prior to preparation of final design drawings.
. The CITY will also provide to the CONSULTANT, applicable draft general condition
documents including draft bidding documents prior to preparation of gO-percent
design drawings.
Deliverables
. Two (2) copies of the final bid documents, which includes; one half size (11" x 17")
and one full size (22" x 34") set of the final design drawings, plus technical
specifications and applicable legal documents including Division 0, and final
construction cost estimate.
. An electronic copy of the final deliverables will also be provided on a Compact Disc
(CD). The drawings will be in AutoCAD format.
. Copies of engineering calculations will also be submitted with the 100% design
documents.
Subtask 7.01 - Construction Drawings and Specifications
This task includes the preparation of final design documents suitable for the construction of
the proposed disinfection facility.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Consultant Services
. Prepare 60- and gO-percent design drawings using Computer Aided Design and
Drafting Software (CADD) in AutoCAD for submission to and review by tl1e CITY.
. Develop the sixty-percent design drawings to adequately define the location, layout,
and dimensions of the applicable process and support structures, and equipment.
Develop a preliminary draft of the major equipment specifications with the 60-percent
design package.
. Develop the ninety-percent design drawings will include complete design of all
disciplines defining site and building layout, pipe routing and equipment location,
process and building structure construction features and details.
. . Developa draft version of all technical specification for this project, and a draft of City
of Bremerton legal documents with the gO-percent design package.
. Respond to comments from the city review of the 60- and gO-percent design submittal
and modify the design drawings as appropriate.
. Respond to written comments from the DOH review of the gO-percent design
submittal and modify the design drawings as appropriate.
Assumptions
. CITY review of interim submittal packages is anticipated to occur during a two-week
period after receipt of the 60- and gO-percent design drawings and specifications.
. The CONSULTANT's standard technical specifications Division 1 through 16 will be
used for the project.
. For schedule purposes, it is assumed that the CONSULTANT will continue design
work activities during the review period by the CITY.
Oeliverables
. Two (2) half size sets of the gO-percent drawings and specifications to the
Washington State Department of Health (DOH) for review and approval.
. One (1) half size sets of the gO-percent drawings and specifications to the CITYfor
building permit and grading permit review and approval.
Subtask 7.02 - Preparation of Construction Cost Estimate
This task includes the preparation of interim and final construction cost estimates for the
proposed disinfection facility.
Consultant Services
. Prepare construction cost estimate based on the 60- and gO-percent design drawing
submittal for budgetary review by the CITY.
. Provide a detailed breakdown showing unit prices and quantities for each item as
appropriate.
. Develop and include allowance for contractor fees, markup, and profit.
. Prepare a final construction cost estimate based on the 1 OO-percent design drawings
and submit to CITY and DOH.
Assumptions
. Interim cost estimates will be a budgetary or planning level estimate only. Planning
level estimates are generally defined as having an accuracy of +50-percent to -30-
percent.
16
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
. Project costs will include all appropriate related costs including sales tax,
engineering/administration/legal, construction management, and contingencies, in
addition to the construction costs.
. Any cost opinions provided by CONSULTANT will be on a basis of experience and
judgment, but, since CONSULTANT has no control over market conditions or bidding
procedures, CONSULTANT cannot warrant that bids, or ultimate construction costs
will not vary from these opinions.
. Final engineer's cost estimates will be a definitive estimate. Definitive level estimates
are generally defined as having an accuracy of + 15-percent to -5-percent.
Oeliverables
. Memorandum including summary of capital costs. Costs backup with detail cost
breakdown will be included with this memorandum.
Subtask 7.03 - Design Workshops
This task includes the activities for conducting a workshop for the purpose of design review
with the CITY and coordination and QC review with senior staff.
Consultant Services
. Attend and conduct workshops with the CITY for the design review at the 60-percent
and gO-percent design submittal.
. Present and discuss design issues, review comments, and decisions during the
interim design meetings.
. Document meeting discussions and results in meeting minutes and distribute them to
all attendees.
Assumptions
. Two (2) 8-hour design review with the CITY will be conducted.
. The design review workshops will be conducted at a CITY location to be determined.
. CITY will provide review comments on draft deliverables.
. Ongoing design guidance by senior consultants will be conducted throughout this
task.
Oeliverables
. Comments generated during the workshop will be summarized along with the
proposed resolution in works~op meeting notes.
Task 8 - Bidding Services
Based upon the acceptance by the CITY of the contract documents, including construction
plans and specifications developed during the final design activities, the CONSULTANT will
proceed with the bidding services for the proposed facility. Bidding services include
engineering services required to respond to bidder questions, provide clarification, prepare
addenda, and other activities as needed and described in the following.
Subtask 8.01 . Bid Advertisement Support
. This task includes the activities associated with the bid advertisement period for the purpose
of providing bid documents to prospective bidders for the proposed disinfection facility. Task
also includes answering bidder questions and preparation of addenda.
17
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Consultant Services
. Provide full size (22" x 34") and half-size (11" x 17") reproducible drawings and
camera-ready copies of the technical specifications to the CITY.
. Attend a pre-bid conference with the CITY and prospective bidders and explain the
scope of the project.
. Interpret contract drawings and specifications during the bid advertisement period in
response to bidder questions.
. As necessary and agreed to by the City, prepare addenda and submit to the City for
distribution to the prospective bidders.
Assumptions
. The CITY will print and bind the contract documents for distribution to the plan
centers, and bidders. The specifications will be bound in a single 81;2 by 11-inch
volume with the 11 by 17 -inch drawings comb bound separately.
. The CITY will accept requests for contract documents from bidders, ship documents,
maintain a bidders list, and coordinate other aspects of the contract document
distribution.
. The CONSULTANT will respond to inquiries from the CITY during the bid period and
prepare all addenda.
. The CITY will serve as primary contact for questions and will issue addenda, if
needed to provide clarification or correction to the bid documents.
Oeliverables
. One (1) copy of the 1 OO-percent design drawing in full size (22" x 34") and half-size
(11" x 17") format, technical specifications and applicable City of Bremerton legal
documents including Division 0, and final construction cost estimate.
. Written addenda items and responses to bidder questions.
Subtask 8.02 . Bid Evaluation Support
This task includes the activities associated with the bid evaluation period of the bids received
for the proposed disinfection facility.
Consultant Services
. Provide assistance to the CITY, as requested, to receive, tabulate, and analyze bids.
. Review the apparent low bid and report recommendations on contractor qualifications
to the CITY.
Assumptions
. The CITY will award the contract and prepare contract documents for execution by
the CITY and successful contractor.
. Bid evaluation support will be conducted for a period not to exceed one (1) month.
Oeliverables
. Recommendation letter regarding contract award.
Task 9 - Project Management
This task includes the project management tasks required for the duration of the project.
Tasks include project planning, management, statusing and reporting, and quality and cost
18
SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
control activities for the duration of the project. These services also include chartering the
project team, project design coordination, and conducting technical reviews and workshops.
Subtask 9.01 - Work Plan and Kickoff I Chartering Meeting
This task includes the planning level activities to organize the project team.
Consultant Services
. Prepare and submit to the CITY a detailed Project Guide for review. Final Project
Guide will be prepared incorporating CITY review comments.
. Document the roles of the project team (including CITY staff), communications
protocol, project schedule and deliverables, and the general purpose and goals for
the project. The Project Guide will serve as a reference guide for team members
throughout the project.
. Conduct a kickoff meeting to discuss the project requirements and schedule, and to
receive additional input from CITY's staff.
. Prepare and distribute meeting minutes documenting the kickoff meeting to the
participants.
Assumptions
. One (1) 4-hour external kickoff meeting with the core team (Ron Brown, Andy Hill,
Bryan Black, Bonnie Lindner, Greg Pierson, and Brian Bartle) and CITY staff.
. External and internal kickoff meeting will be conducted in the CONSULTANT's
Bellevue office.
. One (1) 4-hour internal kickoff meeting with the complete design team.
Deliverables
. A total of five (5) copies of the Project Guide and schedule of deliverables.
Subtask 9.02 - Project Management, Status and Reporting Meetings
This task includes the project management and administrative activities to facilitate the
successful completion and delivery of the project to the CITY.
Consultant Services
. Perform project monitoring and control functions such as coordination of project
activities, facilitating quality assurance reviews, monitoring project budget and
schedule, preparation of miscellaneous project correspondence, project status
reporting, conducting periodic progress meetings, preparation of invoices, and overall
management of project activities.
. Provide the CITY with project progress, budget and schedule status monthly with
submission of each invoice. Status report will include percent complete and percent
spent by task.
. Attend periodic status report meetings with the CITY throughout the duration of the
project. Project progress, budget and schedule status will be discussed during status
report meetings.
Assumptions
. Project duration is anticipated to continue for twenty (20) months. A total of twenty
(20) status report meetings are anticipated for the duration of the project.
. The project status meetings may be combined with the technical review meetings, at
the discretion of the CITY.
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1,2009
Oeliverables
. Project status reports for each invoice submitted to the CITY
Subtask 9.03 - Quality Assurance I Quality Control Program
This task includes the quality assurance and quality control activities to facilitate the
successful completion and delivery of the project to the CITY.
Consultant Services
. Establish a quality program at the outset of the project as a foundation for
establishing and meeting quality objectives for the duration of the project. A Project
Quality Management Plan (QMP) will be created, and then amended as needed.
. Incorporate CITY input to clearly establish aspects of the project that are of
overarching importance, CITY's perceptions on quality, and particular risks faced by
the project team.
. Perform detailed internal quality reviews for all work products submitted to the CITY
as identified in the Scope of Work, with particular emphasis on major submittals.
. Create and implement a detailed process for CITY review and comment on all work
product submittals. This process will include features to capture, address, reach
resolution, and document all significant CITY review comments.
Assumptions
. Major work product submittals as part of the QMP include all deliverables listed in this
scope of services.
. The QMP will include the following sections:
- Overview and Statement of CITY's Perceptions on Quality
- Risk and Quality Management Metrics
- Roles and Responsibilities
- Quality Management Processes, Tools, Standards, and Guidelines
- Quality Management Plan Documentation
. CITY will participate in implementation of quality management for CITY review and
comment on all work product submittals, as defined in the QMP.
Oeliverables
. Project Quality Management Plan as part of the Project Guide
Subtask 9.04 - Project Schedule and Cost Control
This task includes the development and tracking of the project schedule to facilitate the
successful completion and delivery of the project to the CITY.
Consultant Services
. Provide the CITY with a detailed project schedule of the design and bidding activities,
including deliverable dates, review periods and meetings, and other key milestones.
. Use the schedule as a measure of project performance and cost control for the
duration of the project.
. Provide the CITY with a detailed project schedule of the anticipated construction
activities, if requested. The schedule will include key milestones, such as; NTP,
substantial completion, start-up, etc.
Assumptions
. Project design and bidding duration is anticipated to continue for ten (10) months
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SCOPE OF SERVICES FOR THE BREMERTON UV TREATMENT FACILITY - MAY 1, 2009
Deliverables
. Detailed project schedule in MS Project format and PDF format.
Subtask 9.05 - Stimulus Funding Reporting Support
This task includes the activities required to comply with the regulatory conditions of the
stimulus funding used to fund this project.
Consultant Services
. Assist the CITY with administrative activities to comply with the reporting
requirements outlined by DOH for the Stimulus Grant Funding.
. Attend periodic report meetings with the CITY throughout the duration of the project.
Project progress, budget and schedule status will be discussed during report
meetings.
Assumptions
. Project duration is anticipated to continue for twenty (20) months, including
construction. A total of twenty (20) report meetings are anticipated for the duration of
the project.
Deliverables
. To Be Determined with DOH
Task 10 - Other Technical Assistance
This task provides an allowance for activities that are yet undefined. The funds allocated
under this task can only be accessed as authorized by the CITY in writing and on a task
order basis.
21
EXHIBIT B - Budget UV Treatment Facility
Westside WTP, Bremerton WA
HDR En ineerin Total Total
Task Task Description Pro! Manager Design Mgr Sf. Engr Sr Planner Engr Jr Engr Sr Tech Tech Jr Tech Proj Control Proj Asst HDR HDR
No.
Labor Bilhn Rate $160.00 $160.00 $16000 $16000 $145.00 $110.00 $135.00 $12000 $105.00 $115.00 $95 00
Total Total Total Total Total Total Total Total Total Total Total Total Total Total
hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Cost
1.0 Site and Utility Preparation
1 01 Topographical Surveys 16 2 20 $ 2.830
102 Geotech'n,eallnvest'gat,on 2 8 2 14 $ 1,990
103 Preparation of Contract Documents 16 40 24 16 80 40 16 240 $ 29,760
104 Not Used $
1.05 Not Used $
Task 1 Total 12 18 64 24 16 80' 40 20 274 $ 34,580
2.0 Permit Acquisition & Environmental Compliance
2.01 Site VISit 12 12 $ 1.,920
2.02 Permit Application Prep and Coordination 28 28 $ 4,480
..
203 SEPA and SERP Compliance 24 24 $ 3,640
204 ESA Compliance 10 10 $ 1.600
205 Cultural Resource Assessment 10 10 $ 1,600
Task 2 Total 84 84 $ 13,440
3.0 Ultraviolet Disinfection Equipment Selection
301 UV Facility Site Visits and Pre-Proposal Workshop 16 16 8 6 46 $ 6,850
3.02 _ Preparalion of UVProcurement Documents 16 16 - 40 24. 6 -- . -102 - $- ,14,370
._.
303 UV System Bidding Services and Document Coordination 8 32 32 2 74 $ ._11,230
304 Evaluation of UV Proposals and Regulatory Coordination 4 16 16 2 38 $ 5,710
3.05 Develop UV Lamp Breakage Response Plan 4 8 16 2 30 $ 4,430
Task 3 Total 48 88 112 24 18 290 $ 42,590
4.0 Disinfection System Evaluation and Selection
401 Develop and Evaluate Disinfection System Altematives 16 16 2 42 $ 6,350
4.02 Disinfection System Evaluation Workshop 8 16 2 34 ~ 5,070
403 Prepare Summary Memorandum 4 8 4 18 $ 2,500
404 Not Used $
405 Not Used $
Task 4 Total 18 28 40 94 $ 13,920
5.0 Utility Power Evaluation f Genset Selection
501 Power Systems Evaluation 24 38 $ 5.590
502 Preparation of Contract Documents 16 34 $ 5,070
503 EqUipment Selection Bidding Services 8 16 $ 2,310
504 Not Used $
505 Not Used $
Task 5 Total 14 20 48 88 $ 12,970
6.0 Preliminary Design Development Services
601 Security and Vulnerability Assessment 16 26 4,160
602 Preliminary DeSign Development Workshop 12 16 44 6,800
603 Amended Project Report! BaSIS of DeSign Report 8 24 52 7,440
F~~ \BremertonU\JTF _F'nal_BudgeUJ50109\HDR Billing Hours Page 1 of 2 Printed 5/1/2009 11 20 AM
EXHIBIT B - Budget
UV Treatment Facility
Wests ide WTP, Bremerton WA
HDR Ennineerinn Total Total
Task T ask Description ProJ Manager Design Mgr Sr. Engr Sr. Planner Engr Jr. Engr Sr Tech Tech Jr Tech Proj Control ProJ Asst HDR HDR
No. Labor Billinq Rate $14500 $110.00 $135.00 $120.00
$16000 $160.00 $16000 $16000 $10500 $115.00 . $95.00
Total Total Total Total Total Total Total Total Total Total Total Total Tolal Total
hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs hrs Cost
604 Assessment of Land Communications to UVTF 8 16 24 $ 3.840
605 Not Used $
Task notal 32 14 52 40 8 146 $ 22,240
.-.
7.0 Final Design Services ~
701 Construction Drawings and Specifications 8 120 168 176 736 368 80 486 730 120 2.992 $ 379,896
n
702 Construction Cost Estimate 8 40 80 24 40 8 200 $ 29,120
703 Desi9n Workshop 24 24 48 96 192 $ 29,280
-- w
704 Not Used $
705 Not Used -.. -- - .--. -- ~ --- -~- " ,---- - $
.. -- -- -- -..-- ~ .. . -. . - ~-. - ---
Task 7Total 40 184 296 176 856 408 80 486 730 128 3,384 $ 438,296
Bidding Services ----.. --
8.0
801 Bid Advertisement Support 8 8 16 24 16 4 16 92 $ 12,820
802 Bid Evaluation Support 4 4 16 16 40 $ 6,160
803 Not Used . $
804 Not Used .s_
805 Not Used $
u.
Escalation for labor In 201.0 (4%) . . -.. -- $ - 759
..-..-- - " ._. n_ TaskBTotal . __._ 12..__ n_ . .12 -------- __32n .~ ~.- .._~ . -_._-~-. - n' 40 ." _ "u16: -- -~- -,- 4- ---- ..-.-.16 ~.~_.- --- ,--- -- ... ~ -~- --- .- ---. -- ,- ....,. ____ _~_'n'__ _T_.' ~, 132 $ .__n 19,739
Project Management ."
9.0
- ._--. --
901 Work Plan and Kickoff Meeting 40 4 16 40 24 124 $ 15,840
902 Project Management, Status and Reporting Meetings 256 4 120 166 546 $ 71!170
903 Quailty Assurance / Control Program 104 40 144 $ ~0,440
u_ .
904 Project Schedule and Cost Control 24 2 8 40 74 $ 8,920
n'
905 Stimulus Funding Reporting Support 24 40 64 $ .7,640
Escalation for laborin 20,10. (4%) n, " -. -.--- --- .. _._u ....----. $ 2,976
Task 9 Total 344 10 104 24 160 310 952 $ 126,986
-- . .
10.0 Other Technical Assistance
1001 Other Technical ASSistance (TBD) $
10.02 Other Technical Assistance (TBD) $
Task 10 Total $
TOTALS 520 220 638 260 1.200 448 100 630 770 160 498 5444 $ 724,761
FN.\BremertonUVTF ,Flnal_Budget_050109\HOR Blllmg Hours
Page 2 of 2
Printed 51112009 11 20 AM
EXHIBIT B - Budget UV Treatment Facility
Wests ide WTP, Bremerton WA
HDR Engineering
Site and Utility Preparation
Direct Expenses
Reproduction Cost No. Each Cost
Reports $15 $
Misc. copies $0.04 $
Binding/Labor $65 /hour $
Mail/Deliveries/etc. $15 $
Mileage 140 Mi.@ $0.55 /Mile $ 77
Auto Rental/Gasoline days @ $65 /day $
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (airbro, train, ferry, etc) 4 $20 $ 80
Communication & Computer Charge 274 $3.70 /hour $ 1,014
Laboratory $
Parking days @ $20 /day $
Meals 4 days @ $35 /day $ 140
Subcontracts $, 20,000
Sub #1 - Shannon & Wilson (Geotech) $ 8,000
Sub #2 - Parametrix (Surveying) $ 12,000
ODCs $ 21,311
Mark-up on Subs 5% $ 1,000
Subtotal $ 22,311
Permit Acquisition & Environmental Compliance
Direct Expenses
Reproduction Cost No. Each Cost
Reports 5 $15 $ 75
Misc. copies $0 $
Binding/Labor 4 $65 /hour $ 260
Mail/Deliveries/etc. $15 $
Mileage 280 Mi.@ $0.55 /Mile $ 154
Auto Rental/Gasoline 1 days @ $65 /day $ 65
Lodging 1 days @ $200 /day $ 200
Aerial Photographs $20 $
Travel Total (airfare, train, ferry, etc) 8 $20 $ 160
Communication & Computer Charge 84 $4 /hour $ 311
Laboratory $0 $
Parking 4 days @ $20 /day $ 80
Meals 8 days @ $35 /day $ 280
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 1,585
Mark-up on Subs 5% $
Subtotal $ 1,585
FN:\BremertonUVTF Jinal_Budget_0501 09\HDR Expenses
Page 1 of 5
Printed: 5/1/2009 11 :20 AM
EXHIBIT B - Budget UV Treatment Facility
Westside WTP, Bremerton WA
HDR Engineering
Ultraviolet Disinfection Equipment Selection
Direct Expenses
Reproduction Cost No. Each Cost
Reports 5 $15 $ 75
Misc. copies $0 $
Binding/Labor 2 $65 /hour $ 130
Mail/Deliveries/etc. 5 $15 $ 75
Mileage 570 Mi.@ $0.55 /Mile $ 314
Auto Rental/Gasoline 2 days @ . $65 /day $ 130
Lodging 2 days @ $200 /day $ 400
Aerial Photographs $20 $
Travel Total (airfare, trJin, forry, etc) 1 $350 $ 350
Communication & Computer Charge 290 $4 /hour $ 1,073
Laboratory $
Parking 1 days @ $20 /day $ 20
Meals 2 days @ $35 /day $ 70
Subcontracts $ 680
Sub #1 - Confluence Engineering (WQ) 4 hrs $170 $/hr $ 680
Sub #2 $
ODCs $ 3,317
Mark-up on Subs 5% $ 34
Subtotal $ 3,351
Disinfection System Evaluation and Selection
Direct Expenses
Reproduction Cost No. Each Cost
Reports $15 $
Misc. copies $0 $
Binding/Labor $65 /hour $
Mail/Deliveries/etc. $15 $
. Mileage 70 Mi.@ $0.55 /Mile $ 39
Auto Rental/Gasoline 1 days @ $65 /day $ 65
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (JirfJrc, trJin, ferry, etc) 2 $20 $ 40
Communication & Computer Charge 94 $4 /hour $ 348
Laboratory $
Parking 1 days @ $20 /day $ 20
Meals 2 days @ $35 /day $ 70
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 581
Mark-up on Subs 5% $
Subtotal $ 581
FN:\BremertonUVTF Jinal_Budget_0501 09\HDR Expenses
Page 2 of 5
Printed: 5/1/2009 11 :20 AM
EXHIBIT B - Budget UV Treatment Facility
Westside WTP, Bremerton WA
HDR Engineering
Utility Power Evaluation / Genset Selection
Direct Expenses
Reproduction Cost No. Each Cost
Reports 5 $15 $ 75
Misc. copies $0 $
Binding/Labor 2 $65 /hour $ 130
Mail/Deliveries/etc. 5 $15 $ 75
Mileage Mi.@ $0.55 /Mile $
Auto Rental/Gasoline days @ $65 /day $
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (airfare, train, ferry, etc) $20 $
Communication & Computer Charge 88 $4 /hour $ 326
Laboratory $
Parking days @ $20 /day $
Meals days @ $35 /day $
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 606
Mark-up on Subs 5% $
Su btotal $ 606
Preliminary Design Development Services
Direct Expenses
Reproduction Cost No. Each Cost
Reports $15 $
Misc. copies $0 $
Binding/Labor . $65 /hour $
Mail/Deliveries/etc. $15 $
Mileage 70 Mi.@ $0.55 /Mile $ 39
Auto Rental/Gasoline days @ $65 /day $
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (airfare, train, ferry, etc) 2 $20 $ 40
Communication & Computer Charge 146 $4 /hour $ 540
Laboratory $
Parking 1 days @ $20 /day $ 20
Meals 2 days @ $35 /day $ 70
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 709
Mark-up on Subs 5% $
Subtotal $ 709
FN:\BremertonUVTF Jinal_Budget_0501 09\HDR Expenses
Page 3 of 5
Printed: 5/1/2009 11 :20 AM
EXHIBIT B - Budget UV Treatment Facility
Wests ide WTP, Bremerton WA
HDR Engineering
Final Design Services
Direct Expenses
Reproduction Cost No. Each Cost
Reports $15 $
Misc. copies $0 $
Binding/Labor $65 /hour $
Mail/Deliveries/etc. $15 $
Mileage 280 Mi.@ $0.55 /Mile $ 154
Auto Rental/Gasoline days @ $65 /day $
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (airfare, train, ferry, etc) $20 $
Communication & Computer Charge 3,384 $4 /hour $ 12,521
Laboratory $
Parking 2 days @ $20 /day $ 40
Meals 16 days @ $35 /day $ 560
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 13,275
Mark-up on Subs 5% $
Subtotal $ 13,275
Bidding Services
Direct Expenses
Reproduction Cost No. Each Cost
Reports 20 $15 $ 300
Misc. copies $0 $
Binding/Labor 8 $65 /hour $ 520
Mail/Deliveries/etc. 20 $15 $ 300
Mileage Mi.@ $0.55 /Mile $
Auto Rental/Gasoline days @ $65 /day $
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (airfare, train, ferry, etc) $20 $
Communication & Computer Charge 132 $4 /hour $ 488
Laboratory $
Parking days @ $20 /day $
Meals days @ $35 /day $
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 1,608
Mark-up on Subs 5% $
Subtotal $ 1,608
FN:\BremertonUVTF _Final_Budget_0501 09\HDR Expenses
\
Page 4 of 5
Printed: 5/1/2009 11 :20 AM
EXHIBIT B - Budget UV Treatment Facility
Westside WTP, Bremerton WA
HDR Engineering
Project Management
Direct Expenses
Reproduction Cost No. Each Cost
Reports 10 $15 $ 150
Misc. copies $0 $
Binding/Labor 4 $65 /hour $ 260
Mail/Deliveries/etc. $15 $
Mileage 1 ,400 Mi.@ $0.55 /Mile $ 770
Auto Rental/Gasoline days @ $65 /day $
Lodging days @ $200 /day $
Aerial Photographs $20 $
Travel Total (airfare, train, ferry, etc) 40 $20 $ 800
Communication & Computer Charge 952 $4 /hour $ 3,522
Laboratory $
Parking 10 days @ $20 /day $ 200
Meals 20 days @ $35 /day $ 700
Subcontracts $
Sub #1 $
Sub #2 $
ODCs $ 6,402
Mark-up on Subs 5% $
Subtotal $ 6,402
TOTAL EXPENSES $ 50,427
FN:\BremertonUVTF Jinal_Budget_0501 09\HDR Expenses
Page 5 of 5
Printed: 5/1/2009 11 :20 AM
EXHIBIT B - Budget
UV Treatment Facility
Westside WTP, Bremerton WA
HDR Engineering
. Task, ~~~::i, ..... . . .:T~~~:.R~~;~,~iP:~j~~':t,::~~,}:;,~,:i:
1.0 I Site and Utility Preparation
I
2.0 i Permit Acquisition & Environmental Compliance
I
3.0 I Ultraviolet Disinfection Equipment Selection
I
I
4.0 I Disinfection System Evaluation and Selection
I .
i
5.0 I Utility Power Evaluation / Genset Selection
I
6.0 : Preliminary Design Development Services
I
I -
7.0 . I Final Design Services
._--.
8.0 I Bidding Services
I
9.0 I Project Management
I
I
i$
I
I
1$
I
"'-1 $
!
I
!$
1
i
1$
1$
i
1$
. Total
i$
I
34,580 ! $ 22,311: $ 56,891
13,440 I $ 1,585 i $ 15,025
I
I
42,590 i $ 3,351 $ 45,941
i._______
i
13,920 1 $ 581 $ 14,501
12,970 I $ 606 : $ 13,576
22,240 [ $ 709 $ 22,949
i
I
438,296 I $ 13,275: $ 451,571
I
19,739 ! $ 1,608 ; $ 21,348
I ----~-----~----------
126,986 I $ 6,402 : $ 133,389
724,761 I $ 50,427 $ 7~~,189 .
I $ 75,000
I
I $ 50,427 $ 850,189
i
1$
Subtotal i $
I
Contingency I
TOTAL 1 $ 724,761
i
Est. Construction Cost $ 6,000,000
Engineering Contract $ 775,189
Engrg Fee as Percent of Construction 12.92%
FN:\BremertonUVTF _Final_Budget_050109\HDR Summary
Printed: 5/1/2009 11 :20 AM
UV Treatment Facility
Bremerton, WA
Discipline $/Drwg No. of Drwgs Design Cost Engr Hours CAD Hours Total
Construction Cost (est.) $4,300,000 General $3,000 6 $36,656 98 191 289
Constr. Cost per Drawing $75,000 Civil/Site and Drainage $6,000 8 $48,874 195 170 365
Number of Drawings 57 Process Mechanical $7,500 10 $61,093 244 212 457
Avg Engr. Cost per Drawing $6,500 Architectural $4,500 6 $36,656 171 96 267
Engr Predesign Cost $124,222 Structural $7,200 8 $48,874 195 170 365
Engr Predesign Duration (mo.) 3.0 Electrical $5,500 15 $91,639 367 319 685
Engr Predesign FTE 2.1 Instrumentation & Control (I&C) $5,500 8 $48,874 195 170 365
Engr Final Design Cost $372,667 TOTAL 61 $372,667 1 ,466 1,328 2,794
Engr Final Design Duration (mo.) 4.0 $372,667
Engr Final Design FTE 4.6 Design Manager (Labor Cost) $37,267
Engr Total Design Cost $496,889 Design Manager (Labor Hours) 166
Engr Construction Support Cost $24,844 Design Manager (FTE) 0.26
Engr Constr. Support Duration (mo.) 12.0
Engr Constr. Support FTE 0.1
Discipline Kennewick Richland Average
General 7 4 6
Civil/Site and Drainage 3 4 4
Process Mechanical 8 4 6
Architectural 11 4 8
Structural 19 7 13
Electrical 23 7 15
HVAC 4 0 2
Instrumentation & Control (I&C) 6 5 6
Demolition 3 0 2
TOTAL 84 35 60
FN:\BremertonUVTF Jinal_BudgeC050109\Cost
Printed: 5/1/2009 11 :21 AM
DATE SUBMITTED: March 25, 2009
BILL # -Q:L-=-l 09
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
c.A
........................................................................................
SUBJECT: Resolution No. 3067
Authorization of an Interfund Loan to the
General, Street and Gold Mountain Golf
Course Funds from the Equipment Rental
Reserve fund for cash f10w purposes.
Committee Meeting Date: 4/21/09
COUNCIL MEETING Date: 5/6/09
Department: Finance
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY: The proposed resolution will provide for interfund loans for up to a total of $700,000
to finance the cash flow needs of the General, Street and Gold Mountain Golf Course Funds. Because
the receipt of tax and greens fee revenues are cyclical throughout the year and do not coincide with
expenditure outlays, a temporary loan for c~sh flow purposes is necessary to bridge the gap.
ATTACHMENTS: .
Proposed resolution No. 3D'67
Cash Flow Schedules
FISC.;.L IMPACTS (Include Budgeted Amount): Interest costs duringZQO_9 will not exceed $5,OQO.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
._._------~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA
C-7eVre.("~{ B""..si.uSS X
, If
/ / "It! li~ --.....
, / AI,( i'V
I/--/;~. -- d~Z;; (
; d-;/-::-e~t' /-~ -"/ (.. ov-r---p-z..r(;
\/' . r f
RECOMMENDED MOTION: Move to approve Resolution No. 30'\3 7 authorizing an interfund
loan from the Equipment Rental Reserve Fund to the General, ,Street and Gold Mountain Golf Course
Funds.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
RESOLUTION NO. 30 B7
A RESOLUTION, of the City Council of the City of
Bremerton, Washington, authorizing an Inter-fund Loan to the
General, Street and Gold Mountain Golf Course Funds from the
Equipment Rental- Equipment Reserve Fund.
WHEREAS, the General, Street and Gold Mountain Golf Course Funds have an
immediate need for cash with which to finance their operations pending the receipt of tax and
greens fee revenues; and
WHEREAS, surplus cash in an amount sufficient to meet these cash flow needs is
presently on hand in the Equipment Rental Reserve Fund; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The Finance Officer is hereby authorized and directed to make
inter-fund loans from the Equipment Rental Reserve Fund as follows:
General Fund - $500,000
Street Fund - $100,000
Gold Mountain Golf Course - $100,000
These loans shall bear interest at the rate of 1.0% per annum and shall be repaid not later than
April 1, 2010.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2009.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Resolutions\Finance\2009 Interfund Loan-Cash Flow.doc
1
Inter-fund Loan
3,000,000
2009 Project General Fund Cash Flow
2,500,000 ---
2,000,000
1,500,000
1,000,000
500,000
(500,000)
(1,000,000)
JAN
o
FEB
MAR
APR
MAY
JUN
AUG
SEP
NOV
DEC
OCT
JUL
!-+-Projected _Actua] I
200,000
150,000
100,000
f
~ 50,000
"0
Q
0
(50,000)
(100,000)
2009 Projected Street Fund Cash Flow
~<::\
~
~'b-~
.~
~~
~
~0
~.;s
~~
~
~~
~<::\
~.;s
<<.~
0:-
~~
Months
I-Projected - Actual I
g.
~
~.;s
0<"
~
~0
C:J0~
~
()~
o
~
~
~0
~o
~
~
iP
Q
900,000
800,000
700,000
600,000
500,000
~
.!l 400,000
'0
c
300,000
200,000
100,000
(100,000)
2009 Projected Golf Course Cash Flow
o
Jan
Feb
Mar
Apr
Jun
Months
Jul
Sept
Dec
Oct
Nov
Aug
May
I-projected - Actual I
AMENDMENT TO RESOLUTION 3087, Section 1
Original language:
SECTION 1. The Finance Officer is hereby authorized and directed ito make
inter-fund loans from the Equipment Rental Reserve Fund as follows: !
General Fund - $500,000
Street Fund - $100,000
Gold Mountain Golf Course - $100,000
These loans shall bear interest at the rate of 1.0% per annum and shall be repaid not ~ater than
April 1,2010. i
Substitute language:
Loans to the General Fund and Street Fund shall bear interest at the rate of
1.00/0 per annum. The loan to the Gold Mountain Golf Course shall bear
interest at the rate of 2.00/0 per annum. These loans shall be repaid not later
than April 1, 2010.
FISCAL IMPACTS: Interest costs during 2009 will not exceed $6,000.