HomeMy WebLinkAbout05/20/2009 AGENDA
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CITY COUNCIL
345 6th Street, Suite 600, Bremerton, WA 98337 D Phone (360) 473-5280
* * * A MEN D E D (F I N A L) * * *
MAY 20,2009
CITY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
B. 13-Minute Executive Session to discuss "Potential and Pending Litigation" per RCW
42.30.110(1 )(i)
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT - There will be no Mayor's Report tonight...
4. ANNOUNCEMENTS & PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register (#AB09-11 0)
B. Minutes of Meeting - May 6,2009 (#AB09-111)
C. Minutes of Study Session - May 13, 2009 (#AB09-112)
D. Approval of West Sound Narcotics Enforcement Team (WestNET) Interlocal Drug Task Force
Agreement with Kitsap and Mason Counties (#AB09-113)
E. Ordinance No. 5080 amending Chapter 1.06 of the Bremerton Municipal Code (BMC) relating to
Disclosure of Public Records (#AB09-114)
F. Budget Adjustment to the Equipment, Rental, & Reserve Fund 510 to equip the Fire Department
Command Vehicle (#AB09-115)
G. Budget Adjustment to Equipment, Rental, & Reserve Fund 510; and Sole Source Purchase of
Sewer Camera Van from CUES NW (#AB09-116)
H. Purchase of four (4) Pre-Stressed Voided Slab Stringers from KNIFE RIVER for "Gorst Creek
Bridge" Project; and Approval of Construction of Bridge Abutments by CITY FORCE ACCOUNT
(#AB09-117)
I. Interlocal Agreement for Professional Services between Kitsap County and the City of Bremerton
to perform Biennial 11th Street Bridge Inspection (#AB09-118)
J. Contract Award to SOUND EXCAVATING, INC. for Extension of Water Main and Construction of
Low Pressure Sanitary Main for "Airport Extension - Phase II" Project (#AB09-119)
K. Change Order NO.2 for "Bremerton Sewer Wastewater Treatment Plant Wet Weather Facilities
Upgrade" Project; and Budget Adjustment (#AB09-120)
L. Prosecution Services and Budget Adjustment (#AB09-121)
M. Pr-efessi9nal aervi8es AgreemeAt with P,ARAMETRIX klr "G9Fst ae'Nera€)e" Prejed; ami
\Nastewater Fund Budget Adjustmont (#ABOQ 122) Item will be heard under "General Business"
Continued on back...
rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
CONSENT AGENDA - Continued...
N. Real Estate Purchase and Sale Agreement with Pat Lockhart for purchase of .37 acres in Gorst
for location of Sewer Pump Station SB-3 as part of the "Gorst Sewerage" Project (#AB09-123)
O. Purchn(Sa sf J2' x 50' portion of prol3srty in Garst ~r location of ge'lo'er Pump gtntian gB <1 3S
",art sf the "Gorst ga'::sra€)s" PrGject (#/\B09 124) Item pulled...
P. Resolution No. 3088 authorizing the City to receive State Revolving Fund (SRF) Loan(s) from
the Washington State Department of Ecology for the "Gorst Sewerage" and "Gorst Septic
System Replacement" Projects (#AB09-126) Item added...
6. GENERAL BUSINESS
A. Professional Services Agreement with PARAMETRIX, INC. for Design and Permitting of the "Gorst
Sewerage" Project; and approval to increase Wastewater Fund Budget (#AB09-122)
7. PUBLIC HEARING
A. Public Hearing and Ordinance No. 5081 to vacate roadways within Bay Vista (formerly known as
Westpark); and reserve certain easements in the City of Bremerton (#AB09-125)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
10. STUDY SESSION - The Council will reconvene in the Council Conference Room on the 6th Floor for
a brief Study Session to discuss General Council Business...
rI:AmeriCans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
Mcvv1 ~ vi\~ -- c cD (\ J2J l u r:, k Gv~ ~- p y 0-< V-2'--,~
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMITTED: 5/22/2009 BILL #__Q9_~tLQ___
AGENDA BILL
CITY OF BREMERTON 5 A
CITY COUNCIL
...................a...............e....................m...................................
SUB.fECT:
Committee Meeting Date:
COUNCIL MEETING Date: May 2(}, 2009
Department: Financial Services
Presenter: _ Cat~y 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):
APPRO V ALS:
. DEPARTJ\1ENT DIRECTOR:
CITY ATTORNEY:
FIN ANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
../ </'i,'C: 4'
c';/::'.:t:: 4 '(..., .' / o---v-vvLf
CONSENT AGENDA [2J
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
1) Check #'s 331627 through 33] 885 and EFT's 8763 through 879] in the amount of $ I ,927, 166.93.
2) Regular Payroll for the pay period ending April 30, 20~9 in the amount 01'$45,812.01.
COllNCIL ACTION: [2J Approve 0 Deny 0 Table
o Continue 0 No Action
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ocr - III
DATE SUBMITTED:
BILL #
58
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of May G, , 2oo~
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
~~ ;2b; .2boq
City ouncll
Cecil McConnell
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held M OJ..{ f9 / ;;... 00 Cf
ATTACHMENTS: Meeting Minutes for Mavy &, :J-OO or
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~'J;;;?~~tl
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue n No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, May 6, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
May 6, 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, Dianne Robinson, Mike
Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring. Council Member Carol Arends was
absent. Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and CouncH
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 Reverend Paul Meeker, of Our Saviour's Lutheran Church.
MAYOR'S REPORT
Brad Gehrinq read a proclamation on behalf of the Mayor in support of "Drinking Water Week"
from May 3 to 9, 2009, which was accepted by Kathleen Cahall, Water Resources Manager.
President McConnell read a proclamation on behalf of the Mayor in support of "Lone Sailor
Statue Day" on Saturday, May 23, 2009.
Senator Derek Kilmer provided an update on the Legislative Session regarding unemployment
benefits, tax relief to small businesses, funding for economic development, expansion of degree
programs, military and veteran assistance programs, and transportation and ferries status; and
thanked Council for the opportunity to speak tonight to connect with the community.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Brad Gehrinq announced 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 & Lebo Boulevard, and if people would like more information, please contact
Community Resource Specialist Andy Oakley at (360) 473-5231.
Adam Brockus invited the public to the next District 3 Community Meeting to be held on Tuesday,
May 19 from 6:30 to 8:00 PM at the Bremerton Senior Center located at East 13th Street & Nipsic
Avenue which will include a discussion on the "Manette Sub Area Plan and Prep for the Final
Vote". Action on the Manette Sub Area Plan will be taken at the Council Meeting on June 3.
Roy Runyon announced that the United States Postal Service will be holding its Annual Stamp
Out Hunger Food Drive on Saturday, May 9; the Armed Forces Day Festival will be held on
Saturday, May 16 in downtown Bremerton; and Kitsap Harbor Festival will be held from Saturday,
May 23 through Monday, May 25 also in downtown Bremerton and Port Orchard. Please contact
Carol Atkinson, Main Stream Association at (360) 377-3041 for more information on the Kitsap
Harbor Festival.
Dianne Robinson encouraged people to participate in the Suicide Prevention Walk to be held on
May 9 beginning at 10:00 AM at the Old Mill Park in Silverdale. Please contact (800) 273-8255 for
more information.
Will Maupin announced that the Parks & Recreation Department will be holding a Plant Sale on
Friday, May 8 from Noon to 5:00 PM at the Sheridan Community Center located at 180 Lebo
Boulevard. Please contact Cynthia Engelgau at (360) 473-5425 for more information.
City Council Reg. Mtg. Minutes
Wednesday, May 6,2009
Page 2 of 5
Katrina Folkerson, Member Services Director of the Kitsap Family YMCA, provided an update on
upcoming events which included active older adult fitness classes throughout May; the Annual ''Tri
Y" event on June 6 which includes a walk, run, or swim; and reported on successful Teen Late
Night and Splash 'n' Jam programs.
Julie WasserberQer and Jonee Dubos of the "Bremerton Promise Program", invited Council and
the public to attend the "Fireside Bistro" event to be held on May 13 beginning at 6:00 PM at
Olympic College to fundraise for Bremerton High School senior college scholarships. Ron
Kitchens will be the speaker.
Chance Berthiaume, Water Resources Department, provided a report on the Sinclair Inlet Clean-
Up held on April 18. The area ranged from Tracy ton to Lions Field, and Evergreen Park to Gorst.
50 volunteers from the Rugby Association, Stream Team, Kitsap Divers Association, Puget Sound
Naval Shipyard, Central Kitsap High School, YMCA, and Cub Scout Troop 1571 filled a 6-yard
dumpster; and announced that the next clean-up will be held in September.
Cheryl Knapp, Volunteer Coordinator for Bremerton High School Grad Night, updated the Council
on the progress of fundraising by the high school. She emphasized that the school only needs
$4,000 more in order to hold the event and that there will be a community event at Famous Dave's
in Silverdale tomorrow from 5:00 to 10:00 PM to meet that goal. She stated that anyone who
would like to volunteer is welcome to join them at the event.
CONSENT AGENDA
A. Check Numbers 331197 through 331626; and EFT-8706 through EFT-8762 in the amount of
$3,105,691.05; Regular Payroll in the amount of $757, 927.08 for the pay period ending April
15, 2009; Regular Payroll in the amount of $ 756,111.26 for the pay period ending April 30,
2009; and Retiree Payroll in the amount of $92,356.22 for the pay period ending April 30, 2009
(#AB09-088)
B. Correction to April 1, 2009 Meeting Minutes (#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 between BKAT and Kitsap County for governmental access television
services to the County (#AB09-094)
H. Resolution No. 3086 approving the Sylvan Way Meadows Final Plat (#AB09-095)
I. Shelter Care Plus Program annual Contract Renewal with AGAPE Unlimited (#AB09-096)
J. Authorize Arts Commission to move forward with the Installation of public art along Pacific
Avenue and in Evergreen Rotary Park (#AB09-097)
K. Approval of Contract for the purchase of sculpture titled "Despite the Rain" from CORIO-FREI of
Vancouver, WA to be installed on Pacific Avenue (#AB09-098)
L. Approval of Contract for the purchase of sculpture titled "Anima" from JAMIESON-RACE of
Vancouver, British Columbia to be installed on Pacific Avenue (#AB09-099)
M. Approval of Contract for the purchase of three (3) sculptures 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 )
City Council Reg. Mtg. Minutes
Wednesday, May 6,2009
Page 3 of 5
O. Interlocal Cooperation Agreement to provide mutual aid and mobilization between Olympic
College and City of Bremerton (#AB09-102)
P. Contract with TRIVAN TRUCK BODY, LLC for retrofit of a used ambulance for use by the Police
Department (#AB09-1 03)
Q. 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 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 (#AB09-106)
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 of an 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
(#AB09-1 08)
There were no questions or comments from the public...
6:16:00 M/S/C (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented.
Voted in favor of Motion: Brockus, Runyon, Robinson, Maupin, Wofford, McConnell
Voted opposed to Motion: Gehring, Shepherd
Motion carried: 6-Yes; 2; No
GENERAL BUSINESS
6A - RESOLUTION NO. 3087 AUTHORIZING AN INTERFUND LOAN FROM THE EQUIPMENT
RENTAL RESERVE FUND TO THE GENERAL FUND, STREET, AND GOLD MOUNTAIN GOLF
COURSE FUNDS FOR CASH FLOW PURPOSES (#AB09-11 0): Cathy Johnson, Finance
Officer, explained that 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 cash flow purposes is necessary to
bridge the gap.
There were no comments from the public.
06:18:39 Main Motion was made...
06:19:19 Amending Motion was made and discussion by Council Members continued...
Brad GehrinQ asked if an analysis has been done to determine the impact the amendment would
h,ave on the Golf Course. Roy Runyon stated that the effect would be approximately $6,000 and
would be repaid in less than one year. Cathy Johnson added that past practice was to apply the
1 % rate but there ,is no restriction to charging a higher rate. Adam Brockus asked if there is any
precedent for charging a higher rate. Ms. Johnson answered no.
There were no comments from the public regarding the amendment.
Nick Wofford left the meeting at approximately 6:20 PM. '
City Council Reg. Mtg. Minutes
Wednesday, May 6,2009
Page 4 of 5
06:22:52 A-M/S/C (Runyon/Robinson) Move to amend Resolution No. 3087, Section 1 by
substitute language "Loans to the General Fund and Street Fund shall bear interest at the rate of
1.0% per annum. The loan to the Gold Mountain Golf Course shall bear interest at the rate of
2.0% per annum. These loans shall be repaid not later than April 1, 2010."
Voted in favor of Amended Motion: Runyon, Shepherd, Robinson, Gehring
Voted opposed to Amended Motion: Brockus, Maupin, McConnell
Amended Motion carried: 4-Yes; 3-No
Discussion among Council Members regarding the Main Motion continued...
Mike Shepherd expressed concerns about gaining stability in the golf course fund especially with
the current economy, and hoped for further discussion in the next month in Finance Committee.
Adam Brockus emphasized that this change is minor and believed that Gold Mountain Golf
Course is doing far better than other area golf courses. Brad GehrinQ agreed that this is an
appropriate use of the funding to support an enterprise fund activity.
Cecil McConnell was opposed to charging a higher interest rate to the golf course and not to
other departments.
Roy Runyon suggested that the City establish a policy on lending for enterprise funds which are
not core functions and recommended that the City protect its core functions.
06:28:29 M/S/C (Brockus/Maupin) Move to approve Resolution No. 3087 authorizing an interfund
loan from the Equipment Rental Reserve Fund to the General, Street, and Gold Mountain Golf
Course Funds as amended.
Voted in favor of Motion: Runyon, Shepherd, Robinson, Maupin, Gehring, Brockus
Voted opposed to Motion: McConnell
Motion carried: 6-Yes; 1-No
COUNCIL MEMBER REPORTS
Brad GehrinQ attended the Ground Breaking Ceremony today for the Armin Jahr Elementary
School Garden Classroom at Blueberry Park and applauded the school as well as members of
Leadership Kitsap for this effort; thanked Senator Kilmer for providing an update tonight and for
supporting economic development and the military; and wished the community a Happy Mother's
Day.
Adam Brockus wished fellow Council Member Carol Arends a quick recovery.
Roy Runyon thanked the Parks Department for the great effort at Blueberry Park and will be
looking forward to the blooms later this year.
Mike Shepherd reported on his recent trip as part of the delegation for the Sister City Exchange
Program to Kure, Japan which included a banquet, a ceremonial tree planting, a theme park visit
which has a pirate ship, play area, and a plaque devoted to Bremerton; and added that the City will
host the Kure Delegation from August 4 through 6 of this year.
Dianne Robinson attended the Child Death Review Board Conference last Saturday recently
which covered topics such as team building, tools for prevention, and the roles and objectives of
this board at the national level. She also reported that the current Sudden Infant Death (SID)
designation may be expanded to include Sudden Unexplained Deaths (SUD) and would include
infants, children, and teens.
City Council Reg. Mtg. Minutes
Wednesday, May 6,2009
Page 5 of 5
Will Maupin attended Artwalk last Friday; was pleased to see so many people at a restaurant in
Manette, and commented that the restaurant was so busy they ran out of food; reported on Kitsap
Regional Coordinating Council (KRCC) meetings he attended and hoped that local projects would
receive funding such as improvements to Burwell Street, work on the Cross-SKIA Connector
project, Silverdale Way to Chico Way improvements.
Cecil McConnell encouraged people to check their television to make sure it will be compatible
for the upcoming digital conversion and if not, to contact their cable provider to obtain a converter
box.
With no further business, President McConnell adjourned the Council Meeting at 6:41 PM.
Prepared and Submitted by:
tLe~
CHRISTINE dRE IER <--
Council Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED:
BILL #
09 - t{ ;;l--
5c...
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................,
SUBJECT: City Council Meeting Minutes
for meeting of
MOvY 13 I .wo1
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
N/A
M~ ~, ..2.c>o'L
City CouncIl
Cecil McConnell
Council President
(360) 473-5280
{31 ~o c::r
SUMMARY: Attached is a surnnlary of the City Council Meeting held tvla..y
A TT ACHMENTS: Meeting Minutes for flit Of / 3 1 200 't
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: NI A
FINANCE DIRECTOR: NI A
MAYOR: N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~'t;7';'~dl/
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve D Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
Wednesday, May 13, 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, May 13, 2009, at 5:00 PM, with Council President Cecil McConnell
presiding. Council Members present were Will Maupin, Dianne Robinson, Mike Shepherd, Roy
Runyon, Ada'm Brockus, and Brad Gehring. Council Members Carol Arends and Nick Wofford were
absent. Legislative Assistant Lori Smith was present to provide staff support.
President McConnell emphasized that the Study 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.
Mavor Bozeman presented a proposed transition plan to help the City continue with the least amount
of disruption possible after he resigns from his position as Mayor for the City of Bremerton to begin
his new position as Chief Executive Officer for the Port of Bremerton on June 8, 2009.
A. NO DISCUSSION ITEMS
1. West Sound Narcotics Enforcement Team (WestNET) Interlocal Drug Task Force Agreement
with Kitsap and Mason Counties - Police Chief Rogers; and Will Maupin, Public Safety, Parks,
& Planning Committee Chair Consent
2. Proposed Ordinance amending Chapter 1.06 of the Bremerton Municipal Code (BMC) relating
to Disclosure of Public Records - Assistant City Attorney Ken Bagwell; and Will Maupin,
Public Safety, Parks, & Planning Committee Chair Consent
3. Budget Adjustment to Equipment Rental, and Reserve Fund 501 to equip the Fire Department
Command to outfit Fire Department Vehicle - Jim Orton, Equipment Services Manager; and
Brad Gehring, Public Works Committee Chair Consent
4. Budget Adjustment to Equipment Rental, and Reserve Fund 510; and Sole Source Purchase
of Sewer Camera Van from CUES NW- Jim Orton, Equipment Services Manager and Brad
Gehring, Public Works Committee Chair Consent
5. Purchase of four (4) Pre-Stressed Voided Slab Stringers from Knife River for "Gorst Creek
Bridge" Project; and Approval of Construction of Bridge Abutments by CITY FORCE ACCOUNT -
Bill McKinney, Forestry Manager and Brad Gehring, Public Works Committee Chair Consent
6. Proposed public hearing and ordinance to vacate roadways within Bay Vista (formerly known
as Westpark); and reserve certain easements in the City of Bremerton - Michael Mecham,
City Engineer; and Brad Gehring, Public Works Committee Chair Public Hearing
7. Interlocal Agreement for Professional Services between Kitsap County and the City of
Bremerton to perform Biennial 11th Street Bridge Inspection - Michael Mecham, City
Engineer; and Brad Gehring, Public Works Committee Chair Consent
8. Contract Award to SOUND EXCAVATING, INC. for Extension of Water Main and Construction of
Low Pressure Sanitary Main for "Airport Extension - Phase II" Project - Michael Mecham, City
Engineer; and Brad Gehring, Public Works Committee Chair Consent
Council Member Mike Shepherd left the meeting at approx. 5:55 PM...
City Council Study Session Minutes
Wednesday, May 13, 2009
Page 2 of 2
B. EXECUTIVE SESSION
1. 10-Minute Executive Session to consider "Acquisition of Real Estate" per R.C.W.
42.30.110(1)(b)
C. FULL DISCUSSION ITEMS
1. Change Order NO.2 for Bremerton Sewer Wastewater Treatment Plant Wet Weather
Facilities Upgrade - Pat Coxon, Wastewater Treatment Plant Manager; and Brad Gehring,
Public Works Committee Chair Consent
2. Professional Services Agreement with PARAMETRIX for Gorst Sewerage Project; and
Wastewater Fund Budget Adjustment - Michael Mecham, City Engineer; Tom Knuckey,
Managing Engineer; and Brad Gehring, Public Works Committee Chair Consent
3. Purchase of .37 acres in Gorst for location of Sewer Pump Station SB-3 as part of the "Gorst
Sewerage" Project - Michael Mecham, City Engineer; Tom Knuckey, Managing Engineer; and
Brad Gehring, Public Works Committee Chair Consent
4. Purchase of 32' x 50' portion of property in Gorst for location of Sewer Pump Station SB-4 as
part of the "Gorst Sewerage" Project - Michael Mecham, City Engineer; Tom Knuckey,
Managing Engineer; and Brad Gehring, Public Works Committee Chair Consent
5. Informaticm briefing on "Results on 2009 Homeless Count; No'....ly Revised Homeless PI:m;
:md other CDBG .J\.ctivities" Mario 'lib and Phedra Eliot, Community Do'.'olopmont Block
Gr:mt Program Item pulled...
6. Prosecution Services and Budget Adjustment - Ken Bagwell, Assistant City Attorney; and Will
Maupin, Public Safety, Parks, & Planning Committee Chair Item added...
C. GENERAL COUNCIL BUSINESS
1. Council Committee Chair Reports; and updates on several Public Works projects by Phil
Williams, Public Works Director.
President McConnell adjourned the Study Session at 7: 15 PM.
p~~
LO I SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED: April 29, 2009
BILL# 6 q - I/'?J
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5D
........................................................................................
SUBJECT: West Sound Narcotics
Enforcement Team (WestNET) Interlocal
Drug Task Force Agreement with Kitsap and
Mason Counties
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: Police
Presenter: Chief Rogers
Phone: 473-5224
SUMMARY: The Interlocal Drug Task Force Agreement replaces the agreement dated June 30,
2006. The agreement identifies law enforcement agencies, counties and cities that participate in the
drug enforcement task force. The document references the appropriate RCWs for authorizing,
organizing and conducting the drug task force according to State requirements. The terms, conditions,
recitals and the Task Force's purpose are defined and stated in the document. One Bremerton Police
Department detective is assigned to WestNET and funded through the annual Police budget.
ATTACHMENTS: Interlocal Drug Task Force Agreement
FISCAL IMP ACTS (Include Budgeted Amount): The agreement has provisions that the Task
Force's Governing Board will provide $15,000.00 towards overtime expenses per year at the assigned
detective's rate.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
Z~~.
CONSENT AGENDA X
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Interlocal Drug Task Force Agreement that
provides law enforcement services and support for the West Sound Narcotics Enforcement Team
(WestNET) and Drug Task Force, and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as contained in the proposed agreement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue~ 0 No Action
/
-- 4,
- ,...-~
~-
Kitsap County Sherifrs Office
614 Division Street
Port Orchard, W A 98366
INTERLOCAL DRUG TASK FORCE AGREEMENT
This Interlocal Agreement is made and entered into pursuant to the provisions of
Chapter 39.34 RCW, this 30th day of June, 2009, by and between the Counties of Kit sap,
Pierce and Mason and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo,
Shelton, and the Washington State Patrol and Naval Criminal Investigative Service.
RECITALS:
1. The high level of illegal sale and use of controlled substances in the Counties
of Kit sap, Pierce and Mason-and the Cities of Bainbridge Island, :Sremerton, Port-
Orchard, Poulsbo and Shelton has had increasingly serious and adverse effects on the
quality of life in these counties and cities.
2. These counties and cities have, in recent years, found it necessary to spend
even greater resources in fighting the problems caused by the illegal sale and use of
controlled substances.
3. The parties desire to enter into an agreement that provides a formal
organization in order to centralize supervision and enhance the efforts of the law
enforcement agencies to combat controlled substance trafficking.
INTERLOCAL DRUG TASK FORCE AGREEMENT ---10[21
4. Chapter 39.34 RCW provides that local jurisdictions may enter into
cooperative agreements for their mutual advantage.
Now, therefore, the parties hereto, through their respective legislative bodies, do
hereby agree as follows:
SF,C'TTON 1. OEFfNJTlONS,
For purposes of this agreement:
a. "Agency" and "agencies" means the member agencies of the Drug Task
Force, those being the Sheriff Departments of Kit sap, Pierce and Masan Counties and the
Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton and the
Washington State Patrol and Naval Criminal Investigative Service.
b. "Advisory Board" means the representative body for the Drug Task Force
and shall consist ofthe Chiefs of Police of the Cities of Bainbridge Island, Bremerton,
Port Orchard, Poulsbo and Shelton, the Sheriffs and Prosecutors of the Counties of
Kitsap, Pierce and Mason, and the Chief of the Washington State Patrol and Supervisor in-
charge of the Naval Criminal Investigative Service.
c. "Jurisdictions" means the Cities of Bainbridge Island, Bremerton, Port
Orchard, Poulsbo and Shelton, the Counties of Kit sap, Pierce and Mason, and the State of
Washington.
d. "Drug Task Force" means a drug enforcement agency created by this
agreement.
e. The "WestNET Fund" means the account within the Kitsap County
Treasurer's Office, which is administered by the Kitsap County Sheriff for the purpose of
receipt and disbursement of drug forfeiture funds and court ordered contributions in
accordance with section 7 of this agreement.
f. "Drug Task Force Operations Fund" or "Operations Fund" means the fund
administered by one of the member agencies for the purpose of receipt and disbursement
INTERLOCAL DRUG FORCE AGREEMENT - 2
of monies from the "WESTNET Fund" for day-to-day operational purposes of the Task
Force.
g. "Task Force Operation" means any drug law enforcement activity in which an
officer assigned to the Task Force takes an active part. Task Force operations may also
include controlled substance law enforcement activity in which the Task Force member's
sole participation was to supply intelligence information to the arresting agency, or in
which the Task Force provided follow-up support such as evidence processing, case
preparation, warrant request, or follow-up investigation, if such intelligence or ancillary
support is deemed substantial by the Advisory Board. In its reviewing capacity as
described in Section 6.a, the Board shall determine whether such intelligence or ancillary
support in any given case has been substantial so as to make the activity a Task Force
operation.
h. "Task Force Coordinator" means a Kitsap County Sheriffs Office Lieutenant
or above elected by the Board.
SECTION 2. PURPOSE.
The purpose of this agreement is to provide for and regulate the joint efforts of the
City, County, State and Federal law enforcement to combat violations of controlled
substance laws within the contracting jurisdictions for their mutual advantage. In order to
accomplish this purpose the task force and advisory board does and must operate
confidentially and without public input. The parties do not intend to create through, this
Agreement, a separate legal entity subject to suit.
SECTION 3. GENERAL DUTIES OF THE PARTIES.
a. The County of Kitsap, through its Sheriffs Office, the County of Pierce,
through its Sheriffs Office, the County of Mason, through its Sheriffs Office, the City of
INTERLOCAL DRUG FORCE AGREEMENT - 3
Bainbridge Island, through its Police Department, the City of Bremerton, through its
Police Department, the City of Port Orchard, through its Police Department, the City of
Poulsbo, through its Police Department, the City of Shelton, through its Police
Department and the Washington State Patrol and Naval Criminal Investigative Service
~1...~11 n"";,,"",, "u~l' -'i,'i +:",-,.., ;"",,,,,+;~.,.-,,, ." "LO ,."..',- ;", 'I.k.. '..~'r J::....,...,{, as' "1'" J"up' '11rO''>'''P''l'l''Ilt
";:..d~........ ...:.o.":".,j"i;SJ...l..:. v J ...~l~ ~ ".).1._ 1... J .. ""JuOU....V~ v n vi.!.\.. .U.J. L.a..\.,", 1.u..;Jn.. 1V1\.1_ l.1 \.I 1 0 \.i II 1\".."",1 "'"
needs require and the respective departmental staff levels permit.
b. Eachjurisdiction shall pay all costs associated with its officers and
equipment when assigned to the Task Force. The Washington State Patrol will contribute
a supervisor and pay all related costs associated with its officer and equipment.
c. Each contributing agency shall act as an independent contractor and not as
employee of the Task Force or of another party to this agreement. As such, each party
shall not have the authority to bind other parties nor control employees of other parties,
-
contractors or other entities.
d. Pursuant to RCW 10.93.040, personnel assigned to the Task Force shall be
considered employees of the contributing agency, which shall be solely and exclusively
responsible for that employee. All rights, duties and obligations of the employer shall
remain with the contributing agency. The personnel assigned by the contributing
agencies shall continue under the employment of that agency for purposes of any losses,
claims, damages, or liabilities arising out of or related to the services provided to the Task
Force or the activities of the Task Force. Each agency agrees to hold harmless, defend,
and indemnify the other parties in the Task Force in any action arising from the
negligence of the employees of that agency including all costs of defense including
attorney's fees.
INTERLOCAL DRUG FORCE AGREEMENT - 4
e. The Office of the Kitsap County Prosecutor shall, in addition to its nonnal
duties in the prosecution of Kit sap County felony drug violations, represent the Cities,
Kitsap County, and the State in real and personal property forfeitures and drug nuisance
abatement proceedings initiated by Task Force assigned personnel. The parties agree that
the nm~~ l,fll'f Kir"::m r,;~mtv "PmseC!ltf'f shall r~;.:civ,:: 2~ ~eir:lbuYsem~nt for such
.. '"
representation a sum equal to ten percent (10%) of the drug forfeiture cash and cash
proceeds from sales of property forfeited as a result of such representation, provided,
however, that such reimbursement shall not exceed the annual salary and benefits of a
Grade Q02, Step 3 Deputy Prosecuting Attorney. Such reimbursement shall be disbursed
to the Office of the Kitsap County Prosecuting Attorney upon the final conclusion,
including any appeal, of each forfeiture proceeding referenced above. We understand that
the Deputy Prosecuting Attorney assigned to represent the parties in the Task Force may
also, upon agreement by the respective elected Prosecuting Attorney in Mason County,
represent the parties in the Task Force in forfeiture proceedings in that county as a special
Deputy Prosecuting Attorney.
f. Pursuant to RCW 10.93.070, law enforcement personnel assigned on a full
or part-time basis to the task force shall have full police powers within the geographical
area of Kitsap, Pierce and Mason Counties. Personnel assigned to the Task Force shall
conform to their agency's rules and regulations, as well as Task Force policy. All
disciplinary matters will be the responsibility of the individual agencies.
INTERLOCALDRUG FORCE AGREEMENT-5
SECTION 4. DURATION.
This agreement shall take effect on June 30th, 2009 and tenninate on June 30th,
2012 provided; however, this agreement may be renewed annually by mutual agreement
of the parties.
SiX"~101"< 5. GENERAL ADl\HNISTRATIGN.
a. The Kitsap County Sheriff shall administer the WestNET Fund in
accordance with applicable laws, this Agreement and any other mutually agreed policies
and procedures. The Task Force Operations Fund shall be administered by the Task
Force Coordinator or designee in accordance with the State Auditor's accounting
standards for imprest investigative funds and such other standards as the Advisory Board
may prescribe.
b. The Advisory-Board shall meet at least quarterly, provide policy and
procedural guidance to the Task Force coordinator and supervisors, and supervise the use
of the WestNET Fund and Operations Fund. Each member of the Advisory Board shall
have an equal voice, as long as the agency has at least one full time investigator assigned
to W estNET, in all Board matters.
c. The Advisory Board shall appoint a Task Force Coordinator to supervise
the daily operations of the Task Force according to this Agreement and the Operating
Rules of the Task Force.
d. The Advisory Board or designee shall have the authority to apply on
behalf of the Task Force for such grant funds as may be available from federal, state, or
private sources, for the furtherance of Task Force objectives.
INTERLOCAL DRUG FORCE AGREEMENT - 6
SECTION 6. PROPERTY AND EQUIPMENT.
a. The Advisory Board or designee shall determine whether property seized
and forfeited in a Task Force operation is to be retained for use by the Task Force or sold
to generate cash for Task Force purposes. All cash proceeds from such sales of forfeited
prot: :::iy shall tc p~-cmptly dcpm;j :ct! ill tIll.:: W ~stNLT fund, as s11all allccish seized and
forfeited in a Task Force operation.
b. All cash, property and proceeds from property forfeited pursuant to RCW
69.50.505 by Task Force Operations shall be managed and disbursed only as provided in
said RCW 69.50.505. In the event that the Task Force otherwise acquires any equipment;
the parties agree to use the equipment only for such law enforcement purposes as are
established by the Advisory Board.
c. Upon dissolution ofthe Task Force, all property, provided to the Task
Force by the participating agencies and all forfeited property, other than money,
remaining in the Task Force's possession shall be returned to the respective contributing
agencies. Any Task Force-owned property and other cash or cash proceeds remaining in
the possession of the Task Force (including monies in the WestNET Fund) shall be
divided as follows: ten percent shall go to the Kitsap County Prosecutor as attorney for
the Task Force; ten percent to the Washington State Patrol; eighty percent shall be
allocated pro-rata between the Cities and the Counties according to the number of officer
months spent in Task Force service by support, operational and command personnel of
their respective police agencies, during the term of this agreement.
d. Notwithstanding the termination of this Agreement and distribution of
Task Force properties as herein described, such property and monies shall remain subject
INTERLOCAL DRUG FORCE AGREEMENT - 7
to the use restrictions ofRCW 69.50.505 in the hands of each party until fully expended
for the law enforcement purposes permitted in said RCW 69.50.505.
SECTION 7. HANDLING OF FUNDS.
a. The WestNET Fund shall be held by the Kitsap County Treasurer, who
will disburse the fund according to such standards and direction as the Advisory Board
shall provide. All interest earned on monies in the fund shall be credited to the fund and
remain therein until disbursed according to this agreement.
b. The Task Force Coordinator or designee shall maintain a fund of ready
cash so that day-to-day needs of the Task Force can be met. This shall be called the Task
Force Operations Fund and shall be limited in amount to $25,000.00, or such other limit
as the Advisory Board shall permit. The Operations Fund may be kept and maintained at
such location and in such manner as the Task For~e Coordinator or designee shall.
determine, subject to the Washington State Auditor's standards on imprest investigation
funds and such other requirements as the Advisory Board may establish.
c. In accordance with RCW 69.50.505, cash proceeds from the sale of drug
forfeiture property seized by WestNET shall be delivered to the Kitsap County Treasurer
together with transmittal instructions indicating the respective state and local shares
thereof according to RCW 69.50.505. The local share shall then be deposited in the
WestNET Fund of the Kitsap County Treasurer and accounted for separately in the
WestNET Fund. The State's share shall be remitted by the Treasurer to the State Public
Safety and Education (PSE) account, as required by the statute, according to the figures
supplied by the Task Force on the Treasurer's general transmittal form. A copy of the
INTERLOCAL DRUG FORCE AGREEMENT - 8
Kitsap County Treasurer's receipt and transmittal fOlm for each such deposit, identifying
the forfeiture case by name and/or number, shall be promptly provided to the Task Force
Coordinator or designee.
d. In order to ensure compliance with this agreement, the parties agree that
.,." f"rt'c-;t.,~"" 7"1~G1~ ~~,urnl1"'1t ~,.... Rr'Y'J L;n .;:n 50'- 1..,. ""C11 P' ....+lV s"l" ,,11 1.." II" ',le ;,'''a' 1'1',.1'.1'"
~..- ..J....J.:...................-...._.... ............(.:.. - r ................,... ..'-.. ...,....." ",/....;\.'. '.1...1 Vj \';U 1 Ull.l '- 1\..&..1 U\.i J.u.u.....v at.; C,
upon a reasonable request for disclosure by the Advisory Board.
e. Kitsap County, Pierce County, Mason County, the City of Bainbridge
Island, the City ofPoulsbo, the City of Port Orchard, the City of Bremerton, the City of
Shelton, and the Washington State Patrol currently may assign a detective and/or
supervisor to the task force. The Advisory Board agrees to reimburse Kitsap County,
Pierce County, Mason County, the City of Bainbridge Island, the City ofPoulsbo, the
City of Port Orchard, the City ofBremerton, the City of Shelton and the Washington
State .Patrol for overtime wages up to $15,000.00 dollars per year for each full-time
detective(s) and/or supervisor.
The Advisory Board, Kitsap County Pierce County, Mason County, the City of
Bainbridge Island, the City ofPoulsbo, the City of Port Orchard, the City of Bremerton,
the City of Shelton and the Washington State Patrol agree that this interlocal agreement is
subj ect to the terms and conditions of the agreement to reimburse overtime wages; that
this interlocal agreement is contingent upon continued operation of the task force; that
any party may withdraw from the interlocal agreement upon thirty days written notice to
each of the other parties; and that funding is subject to fund availability in the WestNET
Fund.
INTERLOCAL DRUG FORCE AGREEMENT - 9
f. The Naval Criminal Investigative Service Northwest Field Office as a Federal
Law Enforcement Agency is prohibited from providing any form of funding to the
WESTNET Fund or the Drug Task Force Operations Fund for the purpose of financially
supporting the drug task force, nor can be obligated in the future for any claims against
o ~ dr' l' .. .. NT oj ~. . " '" n" 1 . I
"t:1CS0 tc,VC tun' s. .;~ U'-:Uitli)n, tlleaV<ll Cnluifluilll\',:;::;tigatrVC: :':;(;1'V1(;(; llilU its cmp oyees
will not receive any form of financial reimbursement from the two funds for any purpose.
The disbursement of seized property or assets to the Naval Criminal Investigative Service
will only be considered after a legal review by the Inspector General, Naval Criminal
Investigative Service Headquarters.
SECTION 8. AMENDMENT.
This agreement may be amended from time to time as deemed appropriate by the
parties, PROVIDED, any such amendment shall become effective only after it has been
adopted in writing by each of the parties.
SECTION 9. INTEGRATION.
This agreement contains all the terms and conditions agreed upon by the parties,
except necessary operational agreements between the law enforcement agencies of the
respective jurisdictions in furtherance hereof. No other understanding, oral or otherwise,
regarding the subject matter ofthis agreement, shall be deemed to exist or to bind either
of the parties.
SECTION 10. TERMINATION.
Any party may withdraw from this agreement upon thirty (30) days notices in
writing, given to each of the other parties.
INTERLOCAL DRUG FORCE AGREEMENT - 10
SECTION 11. RECORDING WITH AUDITOR.
This agreement shall be recorded with the Kitsap County Auditor upon written
final approval of the parties.
INTERLOCAL DRUG FORCE AGREEMENT - 11
COUNTY OF KIT SAP
APPROVED:
APPROVED AS TO FORM:
--.--.--___..____. -_-0- ____~_
STEPHEN A. BOYER,
Kitsap County Sheriff
Deborah Boe
Deputy Prosecuting Attorney
APPROVED:
Kitsap County Board of Commissioners
Port Orchard, Washington
ORIGINAL
Dated:
CHARLOTTE GARRlDO, Chairman of the Board
Dated:
JOSH BROWN, Commissioner
Dated:
STEVE BAUER, Commissioner
ATTEST
Clerk of the Board
INTERLOCAL DRUG FORCE AGREEMENT - 12
COUNTY OF MASON
APPROVED:
APPROVED AS TO FORM:
CASEY SALISBURY
Mason County Sheriff
Gary Burleson
Mason County Prosecuting Attorney
APPROVED:
Mason County Board of Commissioners
Shelton, Washington
ORIGlfJAL
Dated:
LINDA RING ERICKSON, COMMISSIONER
Dated:
TIM SHELDON, COMMISSIONER
Dated:
ROSS GALLAGHER, COMMISSIONER
ATTEST
Clerk of the Board
INTERLOCAL DRUG FORCE AGREEMENT - 13
CITY OF PORT ORCHARD
APPROVED:
APPROVED:
Lary Coppola, Mayor
ALAN TOWNSEND, Chief of Police
Dated:
Dated:
APPROVED AS TO FORM:
ATTEST:
Greg Jacoby, City Attorney
Patty Kirkpatrick, City Clerk
OR/GltIAL
INTERLOCAL DRUG FORCE AGREEMENT - 14
CITY OF SHELTON
APPROVED:
APPROVED:
TERRY DAVENPORT,
Chief of Police
JOHN TARRANT, Mayor
Dated:
Dated:
APPROVED AS TO FORM:
ATTEST:
Vicki Look, City Clerk
Kathleen Haggard, City Attorney
ORIGllv;4L
INTERLOCAL DRUG FORCE AGREEMENT - 15
CITY OF BREMERTON
APPROVED:
APPROVED:
CRAIG E. ROGERS, Chief of Police
CAR Y BOZEMAN, Mayor
Dated:
Dated:
APPROVED AS TO FORM:
ATTEST:
Carol Etgen, City Clerk
Roger Lubovich, City Attorney
ORIGJ!v,4L
..
INTERLOCAL DRUG FORCE AGREEMENT -16
WASHINGTON STATE PATROL
APPROVED:
JOHN R. BATISTE, Chief
Dated:
APPROVED AS TO FORe\1:
Assistant Attorney General
BUDGET and FISCAL SERVICES
By:
INTERLOCAL DRUG FORCE AGREEMENT - 17
ORIGINAL
CITY OF BAINBRIDGE ISLAND
APPROVED: APPROVED:
JON FEHLMAN, Acting Chief of Police DARLENE KORDONOWY, Mayor
~~: ~~:
APPROVED AS TO FORM: ATTEST:
Paul McMurray, City Attorney Rosalind Lassoff, City Clerk
ORIGlf~AL
INTERLOCAL DRUG FORCE AGREEMENT - 18
COUNTY OF PIERCE
APPROVED:
APPROVED:
PAULA. PASTOR
Pierce County Sheriff
Deputy Prosecuting Attorney
Dated:
Dated:
APPROVED AS TO FORM:
ORIGINAL
ATTEST
Clerk of the Council
lNTERLOCAL DRUG FORCE AGREEMENT - 19
CITY OF POULSBO
APPROVED:
APPROVED:
DENNIS SWINEY, Chief of Police
KATHERYN H. QUADE, Mayor
Dated:
Dated:
APPROVED AS TO FORM:
ATTEST:
JIM HANEY, City Attorney Jill, Boltz, City Clerk
OGDEN MURPHY WALLACE, P.L.L.C.
ORIGhVAL
INTERLOCAL DRUG FORCE AGREEMENT - 20
NA VAL CRIMINAL INVESTIGATIVE SERVICE
APPROVED:
LEE FRITCHMAN
Special Agent in Charge
Dated:
APPROVED AS TO FORM:
ORIGINAL
Assistant Attorney General
INTERLOCAL DRUG FORCE AGREEMENT - 21
DATE SUBMITTED:
BILL# 6<( - 1/1-
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5€
........................................................................................
SUBJECT: Ordinance No. 5(81) amending
Ch. 1.06 BMC relating to disclosure of
public records.
Committee Meeting Date: May 13, 2009
COUNCIL MEETING Date: May 20, 2009
Department: City Attorney's Office
Presenter: Ken Bagwell
Phone: 473-2345
SUMMARY: The proposed ordinance modifies the provisions of Bremerton Municipal Code
Chapter 1.06 relating to Public Records. The modifications will allow the City to be more responsive
to changes in law relating to public records, as well as provid~, through the creation of the Bremerton
Public Records Act Rules, the public with a better resource for understanding the public records
process in the City.
ATTACHMENTS: Proposed ordinance NO. 508D
~
\
FISCAL IMP ACTS (Include Budgeted Amount): none
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
-1d~ ~O'
~-;:;IC;;~~
RECOMMENDED MOTION:
f CONSENT AGENDA 9(j
Move to pass Ordinance No. 5'080 amending BMC Chapter 1.06 relating to public records.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. 50 ~ ()
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 1. 06 of the Bremerton
Municipal Code relating to disclosure of public records.
WHEREAS, the City Council desires to modify the provisions of Bremerton
Municipal Code Chapter 1.06 in order to be more responsive to changes in the law relating to
Public Records; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 1.06 of the Bremerton Municipal Code entitled "Public
Records" is hereby amended to read as follows:
Chapter 1.06
PUBLIC RECORDS
1.06.010 AUTHORITY AND PURPOSE.
(a) The purpose of this chapter is to establish policies and procedures relating to the
indexing, retention and the production of public records from the City of Bremerton as required
by Chapter 12.56 RC'H.The WashintonState-Public Records Act (the Act),requires public --
agencies such as Bremerton to make nonexempt "public records" available for inspection and
copying in accordance with published rules. The Act defines "lmblic records" to include any
"writing containing information relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained" by the agency.
(b) The city clerk is hereby authorized to establish and publish Bremerton Public
Records Act Rules to provide the public with full access to public records consistent with the
Act.
1.06.020 PUBLIC RECORDS OFFICER.
The City Clerk, or his or her designee, shall be the public records officer for the City and
is authorized to establish and implement policies and procedures for responding to requests for
public records.
1.06.030 PRODUCTION OF PUBLIC RECORDS CENER}..LL YSCOPE
OF RULES AUTHORIZED.
As required by la~ or to the extent deemed necessary or appropriate, the Bremerton
Public Records Act rules will contain:
(a) Unless exempt from disclosure pursuant to Chapter 12.56 RCV/ or other
applicable federal or state la'.y, public records shall be available for inspection and copying. The
City shall, upon request, make public records available on a partial or installment basis as
records that are part of a larger set of requested records are assembled or made ready for
1
Public Records Act
inspection or disclosure. Failure of the City to fully comply with any provision of this chapter
shall not result in any liability imposed upon the City other than that outlined in Chapter 12.56
RC\V.A description of Bremerton city services. the public records officer's contact information,
the hours and location for inspection of public records and the public records officer's
responsibilities under the Public Records Act;
(b) The City need only disclose records to the extent required by state or federullav.
and nothing in this policy shall be interpreted as requiring the disclosure of any record that is not
subject to disclosure by state or federullaw. Generally, any record, or portion thereof, v/hich is
exempt from disolosure, will not be disclosed, and infmmation contained in the records may be
removed to the extent necessary or permissible by law. The City is not required to create records
or documents in response to a request for public records that do not exist at the time the request
is made.The procedure for making. responding to. inspecting and copying records requests;
protecting records from damage or disorganization; preventing excess interference with
Bremerton's other essential functions; protecting the rights of others; providing "fullest
assistance" to requestors and timely action on public records requests;
( c ) F or informational purposes. a list of laws in addition to the Act that exempts or
prohibits the disclosure of public records held by Bremerton;
(d) Definitions as necessary or appropriate related to the Act.
1.06.040 REQUESTS FOR PUBLIC RECORDSAUTHORITY TO AMEND
RULES.
(a) ,^..ny person wishing to inspeot or oopy publio records may make the request on
the City's request form, or by letter, fax, or eleotronio mail.
(b) The publio records request may be submitted on the public records request form
provided by the City or in another '.wittenformat that contains the following information:...
(1) The date and time of the request;
(2) The name of the requestor;
(3) The full address, telephone number and/or e mail address of the requestor;
( 1) Adequate identifioation of the public records:
(i) The title and date of the requested record, if Imown.
(ii) The location of the requested reoord, if known;
(5) \Vhether the requestor intends to inspect the reoords or to obtain a oopy of
the records, at the cost set forth in BMC 1.06.090.
(c) Requests fDr public records shall be submitted to the City Clerk, City of
Bremerton, 315 6th Street, Suite 600, Bremerton, V/ashington 9&337 or to a designated City
Public Records Coordinator pursuant to subsection (d) of this section. All requests shall comply
with subsections (a) and (b) of this section.
(d) The folloviing departments shall have designated Public Records Coordinators
who may receiye and/or respond to public record requests directly for the specifio records as
identified.
(1 )
incident report.
(2)
The Police Department for requests to inspect and/or copy a police or
The Fire Department for requests to inspect and/or copy a fire report or an
aid report.
(3) The Department of Community Deyelopment for requests to inspect
and/or copy a plar.ning file.
2
Public Records Act
( 1) The Department of Publio Works and utilities for requests to inspect
and/or copy a public 'Norks file.
(e) The City Clerk may designate other employees as Public Records Coordinators
for purposes of this chapter.
(f) If the record requested is not identified 'in subsections (d)(1) through (1) of this
section, or the requestor is lHlsure of where to file the request, the request shall be filed with the
City Clerk. The City Clerk shall have the authority to amend the Bremerton Public Records Act
rules as necessary or appropriate to conform to laws or, as appropriate, to enhance services to the
public, protect privacy, and/or increase efficiency in administering the Act to the fullest extent
permitted by law.
1.06.060 FINAL RESPONSE TO REQUESTCOSTS OF PROVIDING
PUBLIC RECORDS.
_(a) /'J.. public disclosure request is not continuing in nature. In the event additional
records are created after the date of the requestor's original public records request, the requestor
"vill need to submit a new request. If, after the City has informed the requestor that it has
provided all available records, and shortly thereafter becomes aware of additional responsi'.'e
documents existing at the time of the request, it shall promptly make the additional documents
available to the requestor for copying and inspection.
(b) .^...ny records or portions of records disclosed by the City will be pro'.'ided to the
requestor in the same format as they are retained; pro'lided, that all)' diselosable rceords
3
Public Records Act
contained on a computer or other electronic or mechanical device shall, at the discretion of the
City, be provided in printed form, on disk, or in another format.
(c) If the requestor specifies a fOffilUt in which the records should be disclosed, the
City \-vill disclose the records in the requested format if: (1) it is determined that disclosable
records exist, (2) the City is capable of providing the records in the format requested, (3) the
format requested is reasonable and does not require additional staff time or equipment, and (1)
the requestor pays all fees required by this chapter.
(d) Before releasing a record the City may provide notice to a person named in a
public record or to ,>vhom the record specifioally pertains or v;ho othef\vise might have an
interest in the record to provide said person an opportunity to seek legal action to prevent the
release of the reoord.
(e) The City's response to the request shall be deemed complete and final upon: (1)
requestor's inspection onhe records, or (2) in the event photocopies were requested, upon
notification to the requestor that the photocopies requested are available for payment and pickup.
1.06Jt70 INSPECTION OF RECORDS.
In the event a requestor chooses to inspeot reoords, the City shall notify the requestor
once the records which respond to the request are available for inspection. The records will be
a','ailable for inspection during oustomary office hours. Records that have been pulled for
inspection shall be made ayailable to the requestor for a period of no more than thirty (30)
calendar days. In the eyent a requestor fails to contact the City Clerk or applicable Public
Records Coordinator, within thirty (30) calendar days of being notified that the records are
ayailable for inspection: (1) the records shall be returned to the originating department; and (2)
the requester will need to submit a new request for the records and the process will begin anew.
Iran installment response to a records request is not yiev."ed'.vithinthirty (30) calendar days, the
City is not obligated to fulfill the balance oft11e request.
1.06.080 OVER THE COUNTER RECORDS.
Each City department may designate '.yithin its own department certain "over the
counter" records available to the public for immediate inspection and/or distribution '.yithout the
requirement of a formal publio reoords request as set forth in this section. In the event a copy of
such "over the oounter" records is requested, and if the requested record is an eight and one half
(8 1/2) by f-ourteen (11) inch page or smaller, the department shall provide the first fifty (50)
pages free of charge. Howeyer, if the documents responsiye to a request exceed fifty (50) pages,
a publio disclosure request .,yill then need to be completed and the applicable duplication cost
paid for those copies over fifty (50) pages.
1.06.090 FEES FOR PRODUCTION OF RECORDS.
(a) Fees for Records. The fees for the costs of duplication and production of copies,
whether photocopying or other form of duplication, including, but not limited to, electronic
copies of records, shall be as established in Chapter 3.01 BMC, Rate Table A. If the requested
record is an eight and one-half (8-l/2) by fourteen (14) inch page or smaller, the first fifty (50)
pages responsive to a request are free of charge. In addition to these fees, each department may:
(1) Establish fees for records that do not fall into one (1) ofthe categories set
forth in Chapter 3.01 BMC, Rate Table A. The department's fee schedule shall be available for
inspection upon request.
4
Public Records Act
(2) If the request requires customized access to electronic records, the City
may charge actual costs of such access, including staff time and other direct costs.
(3) Send the project to a commercial copying center and bill the requestor for
the amount charged by the vendor. The City may arrange with the requestor for him or her to pay
the ';endor directly.
(1) Charge actual costs of mailing or other means of delivery. The City may
not charge sales tax on the costs of copies made by the City.
(b) Deposit and Installments. Payment of the fees for the costs of duplication of
records shall be made prior to the delivery of public records to the requestor. In the e';ent that it
is estimated that the copying fees applicable to a particular records request exceeds t'.venty five
dollars ($25.00), the City, at its discretion, may require the requestor to deposit a sum equal to
ten (10) percent of the estimated cost prior to copying of the records. The City may also require
the payment of the remainder of the copying fees bef-ore providing all the records, or the
payment of the fees of an installment before providing an installment. If an installment response
to a records request is not claimed or revie'Ned vlithin thirty (30) calendar days, the City is not
obligated to fulfill the balance of the request.
(0) Payment. /\11 payments shall be made by cash, money order, or check payable to
the City of Bremerton. Payment shall be made in person to the City Clerk or applicable
depar..ment Public Records Coordinator or at the customer service desk looated at City Clerk's
office. Payments may also be made by mail to the City Clerk, City of Bremerton, 315 6th Street,
Suite 600, Bremerton, 'Nashington 98337.
(d) Costs Waived. The City Clerk, or Public Records Coordinator, has the discretion
to w-aive copying charges for administrative convenience.
. - 1.06.070!OO RETENTION OF PUBLIC RECORDSINTERPRET A TION OF ....
RULES.
(a) The City hereby adopts, as the City's record schedule, the "General Reoords
Retention Schedule for all Local Goyernment .^...gencies" adopted by the Washington State Looal
Records Committee dated January 2005, as currently enacted and as hereinafter amended.
(b) Retention of electronio records shall be pursuant to City Policy No.2 20 06
entitled "Electronic Records Retention" as currently enacted and as hereinafter amended. The Act
and the rules will be liberally construed consistent with the Act's intent and case law. including
in favor of disclosure as provided by law.
1.06.080 REVIEW OF DENIAL OF REQUEST.
The Bremerton Public Records Act rules shall provide for obtaining internal
administrative review of denials, in whole or part, of public records requests.
1.06.090H-t) INDEX OF PUBLIC RECORDSOPT OUT OF INDEX OF
RECORDS.
(a) Findings.
(1) RCW 42.56.070 requires all cities and public agencies to maintain and
make available a current index of all public records.
(2) RCW 42.56.070(4)(a) provides that if maintaining such an index would be
unduly burdensome, or would interfere with agency operation, a City need not maintain such an
5
Public Records Act
index but it must issue and publish a formal order specifying the reasons why and the extent to
which compliance would be unduly burdensome.
(3) The City of Bremerton is comprised of departments, their divisions and
subdivisions, which maintain separate databases and/or record-keeping systems for the indexing
of records and information.
(4) Because the City has records which are diverse, complex and stored in
multiple locations and in multiple computer systems and databases, it is unduly burdensome, if
not physically impossible, to maintain a central index of records.
(5) The City of Bremerton will make available for inspection and/or copying
all nonexempt public records, including any indexes that are maintained by the City pursuant to
the Public Disclosure Act, Chapter 42.56 RCW.
(b) Order Regarding Public Records. Based upon the findings set forth in subsection
(a) ofthis section, and pursuant to RCW 42.56.070(4)(a), the City Council orders the following:
(1) The City of Bremerton is not required to maintain a current index of
public records due to findings of the City Council that the requirement is unduly burdensome and
such a list is nearly impossible to create and/or maintain; and
(2) Pursuant to Chapter 42.56 RCW, the City of Bremerton shall make
available for public inspection and/or copying all public records and any indexes of public
records maintained by the City to the extent not exempt from inspection and/or copying pursuant
to Chapter 42.56 RCW or other applicable law.
SECTION 2. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
, 2009
CECIL McCONNELL, Council President
Approved this
day of
,2008
CARY BOZEMAN, Mayor
6
Public Records Act
ATTEST:
CAROL ETGEN, City Clerk
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
,2009
,2009
R:\Legal\Legal\Ordinances\Administration\Public Records Act.doc
7
Public Records Act
DATE SUBMITTED:
BILL # 6 q - 1/5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5F
........................................................................................
SUBJECT: Budget Adjustment to equip the
Fire Department Command Vehicle.
Committee Meeting Date: 5/13/2009
COUNCIL MEETING Date: 5/20/2009
Department: PW &U
Presenter: Jim Orton, Fleet Mgr
Phone: 473-5359
SUMMARY: In 2007 the Fire Department purchased a Ford Expedition to be used as a command
and control vehicle. This vehicle was approved and funded thru the safety bond for $30,000. This
cost only covered the base vehicle. The additional equipment (plus installation) to make this vehicle a
working command center is an additional $15,000. A budget adjustment is requested to the ERR fund
of$15,000. This will be taken from excess reserves from Fire Department vehicle 2140. This is
possible since replacement of2140 (in 2 years) will involve a smaller vehicle not requiring the full
reserves available in the 510.
ATTACHMENTS: Quote from Systems for Public Safety and an additional equipment list.
FISCAL IMP ACTS (Include Budgeted Amount): There is no budgeted funding for this project.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
RECOMMENDED MOTION:
Move to approve a budget adjustment to the 510 for the purpose of equipping the Fire Department
command vehicle in the amount of$15,000 from existing reserves for vehicle 2140.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Systems for Public Safety Inc.
10203 Lakeview Ave SW
lakewood. WA 98499
Phone - 253-983-1103 Fax - 253-983-1101
ESTIMATE #
002823
Safety is Our Business
ESTlMA TE FOR SERVICES
Estimate Date: 03/06/2009
City of Bremerton
City of. Bremerton, Greg Cryder
100 Oyster Bay Ave. N
Bremerton, WA 98312
2007 Ford - Expedition
Lic# :
Unit# :
VIN#:
Odometer In: 0
Cust Id: 11
Part Description I Number
Qty Sale Extended Labor Description Extended
Install lighting and emergency equipment --1.015.00
v Install Lighl13ar-Siren System- All Accessory-Side
1.00 2.()l)2.04 :2.091.04 Lighting. Inst:!11 2nd Banet}' and Install BU1\(~t}'
Isolator System. Install Customer Supplied
I.on 49.92 49.9] Computer system. Install 3 Customer Supplied
Rad ios-;-)nstrrll-ellstumel'-Snppticd-F-ire-C:Dm ..__n.n_.___n_n____
1.00 539.00 539.00 I System. Time Etilllared!
868.60 I Possihle aditional parts needed (0 install Computer
I./)O 368.60 ilnd screens
1.00 66.25 66.25
1.00 66.40 6gA()
nh.
1.00 15.38 15.38
2.00 30.58 6Ll6
1.00 65.89 131.78
3.00 89.55 268.65
l.OO 37.77 75.5'1
2.00 20.00 40.00
1.00 75.00 75.00
1.00 139.2-1 139.24
1.00
2.00 99.98 [99.9(;
1.00 166.67 166.67
1.00 275.00 27.:i.OO
1.00 69.23 69.23
Page 1 of 2 ~J;S!: 7 .~. :).~
55" Liberty Iiglllbur with Slrob~ Emiucr
lube
Liberty Lightbar
Expedition Rail Mllunt Stmp Kit
STPKT
..-.--90..(:)n-bflard-Amp-BaHeFy--Ghufger
IOTA-DLS 1290
Cencom No Trame Advisior
CCSRN2T/\
20fl Mic e.l(tclltion cubic
CCMICX20
Headlight t1asher
2150.'\
'111)V PO\\'cr Strip 1>111g
3523
.:; plug accessory
.:; plug
Side LED lights
UN-3
LED dome light
01-0664962-06
IJJue Sea Fuse block
5025
Two onlo rT switches
C-SW-l
Shipping 011 nit Freig.ht
Shipping
New Build Parts Kit
NBK-I
l3allery Charger
Baller)' Charger
[{cd COnler LED
VTX609R
::00 Amp I3nltet}. Scperulor
131,j-200
125 Amp Hour l3atlery
Glass i'v1an Bnllery
750 Waif Inverter
1307931-13
SlJ;l~'.I(jn L;Jq
Systems for Public Safety Inc.
10203 Lakeview Ave SW
Lakewood. WA. 98499
Phone - 253-983-1103 Fax - 253-983-1101
ESTIMATE #
002823
Safety is Our Business
ESTlMA TE FOR SERVICES
Estimate Date: 03/06/2009
City of Bremerton
City of Bremerton, Greg Cryder
100 Oyster Bay Ave. N
Bremerton, WA 98312
2007 Ford - Expedition
Lie #:
Unit # :
VIN#:
Odometer In: 0
Cust Id: 11
Part Description / Number
:!O i\mp Auto Eject
WPI20
W ire:Fuses/Connectors
Wire
Shop Suprlie~
Qty Sale Extended Labor Description
'-~--",~.__.__.
1.00 155.1 () 255.JO
1.00 ]25.00 [25.00
jl}.95
Extended
Parts: S 5,599.87
Labor: S 4.015.00
Tax: ::; 846.11
Total: S IOA60.q~
I hereby authorize the above repair work 10 be done along with lhe necessary llHllcrial and hcr~by grant you and.lor your cmploycc$
permission [0 oraat.; thl: vehicle dcscribcd for testing and/or inspection. Express mcchrlllic's lien is herebj ac.:kllowledged un above vchicl.:
[0 secure the UIllOllnt of repairs thereto. SMOG: IUlldcrsland thaI I can have emission service and/or <ldjusllm.'ms done cbewhen:. I hereby
waive this right.
TFARDOWN ESTIMATE: I undersland tb<ll my vehicle will be reassembled \\ilhin_d<lYS Oflhc dnle showl1 above if I cllll\),~e nol to
illlll10rizc the scrvice recommended. All Pnrts removed will be discarded unless instructed olhl..'r\\ isc: Save all Parts . NOT
RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT IN CARS IN CASE OF FIRE. rJlFFT OR !\NY OTIIEI<
CAUSE.
SICiNA TU RE................................... .... ............... ........................................... Date........ ..... ...... ......... ........ ..... Time...... ..... ............ .
50"'"<1" I ;,c, Page 2 of 2 ",::; Gl ;,~
Page 1 of 2
Jim Orton
From: Mick McKinley
Sent: Wednesday, November 05,20085:12 PM
To: AI Duke
Cc: Jim Orton
Subject: proposed expenditures
Chief ~
We discussed the Rescue Boat and the Expedition recently. You had asked for cost figures and I have listed them
within this email.
I met with Jim Orton today and he agreed on these cost figures.
$45,000 currently in ER&R fund for replacement of U-1 (equipment number 2140) plus interest attributable to
. ------~.f008 not yet posteCl
Equipment needed on Expedition (equipment number 72110)
2 - VHS Kenwood mobile radios for rear of vehicle (in stock from Homeland Security)
1- MCT with touch screen in front and screen in back (funding from Cencom)
1 - GPS unit (Microsoft Street and Trips) connected to MCT for auto directions - $60.00 (costco)
1 - Laptop for tracking SCBA's with 700 mhz recieving capable $2600 (semi ruggedized)
1- Inverterfor powering-laptop-and printer-. $150
1- portable printer $400
1 - L.E.D. Lightbar - $3960
1 - Siren, speaker, and light and siren controller - $900
1 - portable radio battery chargers (12 volt) $225 Have 2 Kenwood radios for vehicle
1 - Large box flashlight $138
1 - handheld flashlight L.E.D. and halogen wI charger $84_00
1 - Handheld 1 million candlepower spotlight (plugs into cigar outlet) $50.00
1 - Dry chemical extinquisher (ava;lable from fleet)
1 - H20 extinquisher (available from FD supplies)
Equipment costs totals from above - $9,000
Installation Labor estimated costs - $2,000
$11,000 Total needed for Expedition
Kitsap Marine provided a quote of $8300 for a KBT8600 Trailer (thats tax included)
includes electriclhydraulic brakes, LED lighting
Mr. Orton felt a withdrawal of $20, 000 would complete these projects
Leaving $25,000 in the 2140 replacement account
He would direct the payments to begin again in this account for future replacement
He would not replace 2140 in 2009 (your staff agrees to this also, AC, BC, Captains)
If he is to do this he needs your confirmation for this path
via an email by this Friday. He will then discuss with Phil
111612008
~q)
Pacific Northwest Regional Office
P.O. Box 225
Black Diamond, WA 98010
360-886-9410 360-886-9411 (fax)
kdbco@comcast.net 206-510-2060 (cell)
Jr {) i J !
January 2, 2008
TO: Mick McKinley, Asst. Chief, Bremerton Fire Department
RE: Warning System for 2007 Ford Expedition
'D c.'.' A' . ~/(~.'li { iIi (:t C {'
* UPDATED*
Per our recent meeting please find pricing and model information on the items we
discussed.
Whelen L.E.D. Liahtbar 8r. Ooticom PreEmotion Control:
i-
i-
3-
i-
i-
i-
i-
1-
FX8RRRR, LED "Freedom" LC Lightbar, 50", red corners
FLDRR, additional LED modules in lightbar, red/red
FLDAA, additional LED modules in Iightbar, amb/amb $246.60 pro
FLDCC, additional LED modules in lightbar, clear/clear
3M9592, Opticom emitter
9UOPTI49, prewire for Opticom emitter
FXAM1, alley lights, MRll
MKEZ60, mounting straps
/
TOTAL LIGHTBAR COST='
Whelen Siren/Switch/PA Universal Control Svstem:
1- CCSRN2, Cencom Gold Universal Controller
1- CCMICX20, Microphone Extension
Additional Warnina Eauioment:
1- S660CCCC, four light hideaway strobe kit w/power supply
2- RSR02ZCR, UN3 super LED, red $ 57.60 ea.
-rear deck lid when raised
2- 50R03ZCR, 500 series super LED flasher, red $ 86.40 ea.
-front gnlle area
2- 5TSMAB, black mounting flange $ 5.10 ea.
1- SA315P, siren speaker
1- SAKT1, siren speaker bracket
1- PSCOCDCR, super LED stripe light
"Iear deck lid to illuminate command area
( continued)
$1,022.40
$ 246.60
$ 739.80
$ 296.40
$1,132.80
$ 40.80
$ 63.60
$ 27.60
$3;570.00--- .
$ 738.60
$ 54.00
$ 189.00
$ 115.20
$ 172.80
$ 10.20
$ 147.00
$ 18.60
$ 71.40
Page 2,
Bremerton Fire Department --2007 Ford Expedition
RED WHITE RED
OPTICOM
RED WHITE RED
" 1[b~[Q)llt!rI!IlDlI1~ ~ 1[1,~[Q)1
1!!!~~11:!IiJ1 r:DiI !tItiID tfIB I~Ij~ .
~
c::J
i
RED AMBER RED RED RED RED AMBER RED
I believe that should cover everything we discussed.
Let me know if you have any questions.
Thanks,
Kent
DATE SUBMITTED:
BILL # () q - II h
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5G-
........................................................................................
SUBJECT: Sole source purchase of Sewer
Camera Van
Committee Meeting Date: 5/13/2009
COUNCIL MEETING Date: 5/20/2009
Department: PW &U
Presenter: Jim Orton, Fleet Mgr
Phone: 473-5359
SUMMARY: The approved 2009 budget for ERR includes replacement of the City's sewer camera
van. The approved budget for the project is $177,000. Since this budget estimate developed we
located an almost new demo unit including the vehicle, as well as the required TV equipment at a
substantial discount from new price schedules. The total cost for the unit is $210,168.15, including
sales tax. A budget adjustment to the 510 in the amount of$35,000 to be taken from excess reserves
in vehicle 0372 is also requested. The vendor is CUES NW in Welches, Oregon. This purchase
requires a sole source designation for CUES NW based on the discounted price and the generation of
sales tax revenue to the City of Bremerton. The discount is 41 % and CUES NW is also waving the
$4,500 delivery fee.
ATTACHMENTS: Bid from CUES NW
FISCAL IMPACTS (Include Budgeted Amount): The approved 2009 budget is $177,000. This
purchase requires a budget adjustment to $212,000 for purchase of the van and video system and to
cover installation of a two-way radio and lighting not included with the new van.
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the requested budget adjustment, the sole source
purchase resolution, and a purchase order with CUES NW in the amount of$210,168.15 including
sales tax.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
3600 Rio Vista Avenue
Orlando, FL 32805
Toll Free: 800-327-7791
Phone: 407-849-0190
Fax: 407-425-1569
l~eb 5i te:
www.cues1nc.com
Thursday, April 30, 2009
Pat Jacobsen
Bremerton, City of
100 Oyster Bay Ave.
Bremerton, WA 98312
Re: New demo truck "194" pricing
Dear Pat:
Here is the pricing you requested for purchase of the new demo truck you saw this week. Please see attached component
list for greater detail. We sincerely appreciate your loyalty to Cues. I have summarized vehicle below:
.. .__.~-_._--------~.__.__._--_._-------_.._.._-- ._--.....__.~------..._---_._-----_.__.__._--------._-.----------.-...-- ----.--_._-------..._----------- --------.--- ..-------.-.------.-.
New Demonstrator CCTV van
· C4500 diesel wi 16' box and aere-cap waIkthrough
· 7.5 KWONAN QD diesel generator
· Custom Evolution 2 interior (includes oversized transporter storage drawer toolstorage in kick plate, rhino I!ned
'reeJ,cusfom lari:illiilte:andoversiied snelviiig.)PPd .." 0 -- .... '" .. -.. .......... .pO .
· Pedestal Crane
· SEE bumper system
· LAMP 2 zoom camera/lateral launcher and all rubber wheel sizes
· 3 steel wheel kits for LAMP 2 (6", 8", and 10"-15")
· Granite XP computer wi Inspection Edition & lateral assets module.
· Wireless receiver for addition of light stick or Push camera in the future.
. Rear transporter controller
· Auto payout reel
· Delivery
· 3 days training
Total: $169,100 + WA sales tax
Pricing includes a 41 % sole source/demo discount. We have also waived the $4,500 delivery fee from Florida in the
above pricing, and did not charge for the $1000 in upgrades to our standard Evo 2 interior as noted above.
(Our standard demo discount is 30%.)
Van includes same warranty as if new. Truck warranty starts once unit is delivered to you.
Your existing equipment is plug & play with this truck.
Options: (includes 30% demo discount although all equipment is still new)
WTR Wheeled transporter for 6"-15" $9,128
023 pan & tilt zoom camera for use with WTR $13,760
Adapter tube for 023 to work on your existing Pipe Ranger $1,537
Specifications for:
DEMO 194
Equipment to be Supplied:
High Cube Van with Multi-conductor
TV/LMP IT Inspection Equipment
Each camera, camera transporter, and externallighthead to be supplied on this specification must
be labeled and listed as.a minimum by a Nationally Recognized Testing Laboratory (NRTL) to the
applicable Standard for Safety for Closed Circuit Television Equipment, UL 2044, 2nd edition,
11/9/01. A listing report must be supplied that certifies the aforementioned equipment is
acceptable as defined by 29 CFR 1910.399 and required by 29 CFR 1910.303(a). Self-
certification or certification by a laboratory that is not an NRTL will be deemed unacceptable.
NRTL labeled and listed equipment shall be supplied as required by the FEDOSHA
memorandum, dated September 25, 2005, page 3, Section on Compliance, prepared by John l
Henshaw, Assistant Secretary of Occupational Safety and Health.
Component List:
TV CC4500 HI-CUBE 16' Diesel
_n _,..___._w.________ ___no, __.._..~..._________~__R.__.__._____.~._______.h.___._______~_._.._.__._____ ___n..~..____~__.~__________ .__. ___ ___n__ .___ _______ ____ __~.__ ___ ___ ___ __ .____ ___n__ ______ __ ______ _. __" .
1 CC4500 TV Hi-Cube Van Diesel with Automatic Transmission~ 17,500 GVW~ and
16' Loadspace
1 Aero Cap
1 SEE Bumper with transporter drawer
1 CC4500 TV Hi-Cube Van Equipment to include:
2 Amber Electronic Strobe Warning Beacons - Roof Mount with on/off
- switctdnCllb- d.____ un'_ - ---.-, -- -_.--
2 Adjustable Floodlights Rear ofVehic1e Area Illumination-
Mounted Inside afRear Doors
1 Standard Drivers Seat with Seatbelt and Sunvisor
1 Standard Passenger Seat with Seatbelt and Sunvisor
1 12 Volt Light, Cab Area
I Back-Up Alarm
I Cab Air Conditioner
I AM/FM Radio
I Side Entry Door wI drop down steps
1 Sliding Drawer Storage in Rear Kick plate of Truck
1 7500 Watt, 120 Volt~ 60 Hz Commercial Grade 'Quiet~ Generator, Diesel Powered
with Electric Start to include:
1 Generator Remote Start/Stop Cable Assembly
1 Generator Storage Compartment with a Lockable External Access Door
1 Commercial Power Supply Receptacle, 25' Cord and Plug
1 Electric Supply Center with Circuit Breaker Box, Commercial Power
and Generator Power Connectors
Automatic Power Transfer Switch
1 CC4500 TV Hi-Cube Van Control Room Interior to Include:
1 13,500 Air Conditioner Roof Mount with 5600 BTU Heat Strip
1
Specifications for:
DEMO 194
]
]
1
]
1
1
1
1
Lonsea) Lonplate Flooring
Kemlite Surface Wall Covering
Kemlite Ceiling Covering
Bulkhead Wall with Passage Door From Control Room To Equipment
Room with "Safety Plus Visual" Viewing Window
Ergonomic (angled) Placement of Main Controllers in Desktop with
Recessed Housing
EVO II Above Desk Mounted Control Console for Electronic
Equipment
Desktop/work area
12V Courtesy Light with 15 Miuute Timer located at rear door area
11 0 Volt Fluorescent Light Fixture
Electrical Outlet with Dual Receptacles
Fire Extinguisher with Bracket, 10 BC Rating
Operators Chair With Castors
Padded Bench Seat with Storage
Storage Cabinet under desk
-----r---- _--h---C C4500-TV-Hi::Cu b"e-Van-E"q uipm-en tRo-om- In teri-or-to-Ind ude:------------------------m-------------------
1 Lonseal Lonplate Flooring
1 Kemlite Covered Walls and Ceiling
1 Insulated Tapered Roof
1 Climate controlled Breaker BoxlElectronics Storage Area with Locking
Positive Latches
1 Electrical Outlet with Dual Receptacles
I n_ 11 Q_Y~I(fl~l::lr~s<:~~tJAghtJixtllren _ ____ _ ___
I Downhole Pole Mounting Bracket Assembly
1 12V Courtesy Light with IS Minute Timer located at rear door area
1 Workbench with Lonseal Lonplate Covered Worktop, built-in Sink,
20 gallon Wash Down System with upper Cabinet.
1 Retractable Hose Reel with 25' Water Hose and Nozzle mounted
inside of Wash Down Cabinet
1 Vise on Worl{ Top
] First Aid Kit
1 Rear foot pedal controller
1 Pedestal Crane
1 Color TV Power Control Unit-Multi Conductor Racl{ Mount, NTSC Color
Standard to include:
1 TV Camera Remote Optical Focus Control
1 TV Camera Automatic Iris Remote Control
] TV Camera Lighthead Intensity Control wlMeter
] Camera Test Cable Assembly
1 17" LCD Flat Screen Color Industrial TV Monitor, NTSCIP AL Color Standards,
Built-in Speakers
2
Specifications for:
DEMO 194
1 Combination VCRJDVD PlayerlRecorder System to include:
I Rack Mount for VCRJDVD
I Sony RDR VX500 VCR/DVD player/recorder
I Cable Assembly - DVD to Power Control Unit
1
Pipeline Data Collection & Real Time Video Capture System, Rack Mount, to
include:
1
1
1
1
Motherboard w/77S Socket and Intel P45 Chipset
Genuine Intel Dual Core E7400 Wolfdale 2.8 GHZ
1 GB ofDDR2 (Double Data Rate) 5400 RAM
PCI Video Capture Board for .MPEG 1/2/4 Video Capture with Hardware
Compression
1 Video Graphics Card, Supporting up to 256MB, 16x PCI-Express
1 LAN, On Board Network Connection, Intel 82547EI 10/ 100/ 1000
8 USB 2.0 Ports (6 on Rear, 2 on Front)
3 RS232 Serial ports
1 Soundblaster Compatible, On Board Sound
1 DVD +/- RW DVD Burner 20x / CD-RW 40x Internal
- ------------------------------------ 2--------250-<:lB-t7;200-RPM-)-SkT-A-Hard-Drives-----------------------------------------------------
1 650 Watt ATX Power Supply
1 19" Rack Mountable Video Character Generator & Double Data
] Industrial Hardened Case with Air Filtering, Vibration Dampening Hard
Drive Mounts, Peripheral, Cards Support Bar, 19" Rack
101 Key Enhanced Heavy Duty Keyboard
Optical PS2IUSB Mouse
~yq~M~ltiI!le4ia1\!~~itQr"?l1 Speak~r? J7'.' ___ M _____ __ _ ___ d_
Desk top Color Ink Jet Printer, 600x300 dpi, SI2K
Windows XP Professional Operating System
GRANITE XP Inspection Edition Version 3.x Software
User Guide, Hard-copy
User Guide, CD
System Recovery Disk
Viewer Editions shall be included at no extra charge
1
1
1
_ n. ._.. ,,_.__
1
1
1
1
1
1
2
1 GXP Lateral Module
1 Enhanced Support Plan - 1 year & 3 months total
1 APC Back-UPS RS, 800V Al540W to include the following:
1 Input 120V IOutput 120V, Interface Port USB
1 CD with software
1 Cord management straps
1 Rear 17" Color Industrial Flat Screen TV Monitor, Built-in Speakers
I Monitor mount bracket
1 Combination TV Transmission & Tow Cable Assembly to include:
1 1000' Multi Conductor Kevlar Fiber Armored Cable, .450" Diameter
I Kevlar Annored Cable Terminal Connector
3
Specifications for:
DEMO 194
Stainless Steel bullet connection - field repairable - no scotchcast
Cable Strain Relief
1 Electric.Motor Drive Television Cable Reel to include:
1 Power Level Wind
1 Footage Meter with Local Counter and Remote Counter
1 Transmission Control at Viewing Station
I Local Reel Mount Electrical & Mechanical Control
] Sealed Continuous Contact Collector Assembly
I Controller Cable Reel/Power Winch Motor
I Auto Payout
1 Camera Controller
1 Transporter Controller
1 LAMP II Self Propelled Lateral Inspection I Evaluation System to include:
1 Solid State Color Sewer TV Camera with a Pan & Rotate Camera Head,
. ......n._.._m__.___.._..____________.__.___._______.__.------~lO: I--Zoom-Ratio;-tOx-Optic-al-Zoom-;-4 x-Digital-Zoom;NTSe-Color----m---_.-----... .
Standard, 4x Light Integration
1 Mini Fixed Orientation Color Camera, 1.50" Maximum Diameter x 3.5"
Maximum Length, Built In Light Ring With Solid State White LED
Lighting, Auto Upright and built in Sonde Transmitter
1 Lateral Launcher Assembly With Rotation / Extend I Retract Camera
Positioning
1 . .push C2ab.l~ prive -^s~empJy~ In,stfl:U~d 1.n .Lateral. Launcher.___ _..
1 Self Propelled Launcher Robot With Freewheel, Forward, and Power
Reverse, Wheeled Transporter
1 80ft. Push Cable Assembly
1 Electric Reel with Automatic Levelwind, Slipring and Clutch for
Powered Retrieve of Push Cable / Control System to Include Launcher /
Self Propelled Robot Control with Extend / Retract, Left / Right
Rotation, Camera Selection and Picture In Picture Selection / Cable
Drive Speed
1 Transporter Control With Fonvard, Freewheel, and Power Reverse /
Variable Speed Control For Self Propelled Launcher Robot
1 Interconnect Cable For Launcher To Push Cable
1 Interconnect Cable For Control System To Power Control Unit
1 Set of Skids For Push / Inspection Camera
1 6" Steel Wheels
1 8" Steel wheels
1 10-15" Steel Wheels
1 Cable Manhole Guide System to include:
I TV Invert Pulley Assemblies
6 Quick Coupling Extension Poles
4
Specifications for:
DEMO 194
Manhole Adapter Hooks
Manhole Top Roller Assembly
Equipment retrieval tool
1 TV Inspection Accessories Paclrnge to include;
1 TV Maintenance Tool Kit
3 Set Manual Operation, Instruction and Maintenance TV
1 Manual Spare Parts, TV
End ComDonent List
ODtion:
1 Pan, Tilt, and Zoom Camera System to include:
1 Solid State Color Sewer TV Camera with a Pan & Rotate Camera Head,
40: 1 Zoom Ratio, lOx Optical Zoom, 4x Digital Zoom, NTSC Color
..'n m.._.m_._.____m.__._._m____.________.______._..___._.__ Standatd;m4x-I:;ignrIntegrntiOll-m.mm.---------....-----m.m----__.____.m_._._.____.________.._. ..
1 Camera Lighting System, built in for 6" Relined through 30" Pipe
1 Camera Transportation and Storage Case
1 Self-Propelled Wheeled Camera Transporter to include:
1 Transmission Coupling and weighted spacer set for 6"- 15" Pipe Sizes
with Freewheel and Powered Reverse
I ;Bl!i1t-!1l.9:PinJl~c~pt~gl~fQr Dire.ct Insertion of the.Camera. .__
I Protective Housing for Optical Zoom Camera Pan and Tilt with Locking
Feature
I Handle for Quick Removal/Insertion of Optical Zoom Pan and Ti It
Camera
Wheel Module to include three sets (6 each) rubber wheels I associated
hardware to inspect 6"-15" pipe or larger
1 Camera Adapter tube for llse with large Transporter
5
Call me with any questions.
Sincerely,
Gillian Wilson
Cues NW Territory Manger
(866) 715-0896
... ...- .-..._~---.._~.~~--------~~-_."--------_._-----------------------------.----.--.-------..-------..-..--.------------_._~_.---------_._-----------------.._--._----------~--------------------- ------. ......
04/30/09
VEHICLE DEPT
0372
451
DEPARTMENT TOTAL FOR: 451
1991 JOHN DEERE 710C BH
REPORT TOTAL
VEHICLE
COLOR
YELLOW
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CITY OF BREMERTON
FINANCIAL STATUS REPORT
EQUIPMENT RENTAL RESERVE FUND . 510
RESERVE
RATE
RESERVE
TARGET
RESERVE
COLLECTED
RESERVE
UNCOLLECT
583.00 80.627.20 83.952.00 -3.324.80
...A...........__.... .. .. ...... .... .... ......... .. ....................... ~ .. .. .. .. .. .. .. .. .. .. .. .. ..
583.00 80.627.20 83.952.00 -3.324.80
.......-................. .. .......... ...... ........... .. .. .... .. .......... ........ ........................
583.00 80.627.20 83.952.00 -3.324.80
CAPITAL
COLLECTED
76.365.96
76.365.96
76.365.96
PAGE 1
TOTAL
COLLECTED
160.317,96
160,317.96
160.317 .96
\1r< ~
iEl
DATE SUBMITTED: May 6,2009
BILL# Oq- U 7
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5H
........................................................................................
SUBJECT: Purchase of Four Pre-Stressed
Voided Slab Stringers for Gorst Creek
Bridge Project from Knife River and
Approval of Force Account Work.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
May 13, 2009
May 20, 2009
PW &U Forestry
Bill McKinney
473-5354
SUMMARY: Price Quotes were received from two concrete companies for fabrication and delivery
of four (4) pre-stressed voided slab stringers for replacement of the Gorst Creek Bridge as specified
by City Engineering staff on April 27, 2009. Construction of the corresponding abutments will be
accompli~ by City Force Account. FEMA has approved up to $33,273.01 for this project. The
engineer's estimate for the four pre-stressed voided slab stringers is $40,000.00, including sales tax.
The purchase of the bridge stringers is recommended to be awarded to Knife River from Harrisburg,
OR with/a quote of $41,871.82 (including sales tax). Total Cost of the project, including Force
Account construction ofthe abutments, is $70,000.00.
ATTACHMENTS: 1.) Council Summary; 2.) Bridge Site Photos; 3.) Stringer Information and
Price Quotes.
FISCAL IMPACTS (Include Budgeted Amount): Funding is as follows: FEMA: $33,273.01; Water
Capital Fund: $40,000.00. The engineer's estimate for the entire project was $70,000.00 inCluding
tax. QA
APPROVALS: ' ,
DEPARTMENT DIRECTOR: ....~
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to purchase four pre-stressed voided slab stringers for
replacement of the Gorst Creek Bridge as specified by City Engineering staff, in the amount of
$41,871.82 (including sales tax) from Knife River and approve construction of the bridge abutments
by City Force Account to complete project at an estimated total cost of $70,000.00 including tax.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Purchase of Stringers for Garst Creek Bridge Project
And Approval of Force Account Work
COUNCIL SUMMARY
Proposal Summary
The Gorst Creek Bridge provides access to the eastern portion of the Watershed for
forest management and communication lease sites. The south abutment of the bridge
was damaged as a result of the December 2007 storm event. The existing bridge is21
feet in length. The abutment damage makes it unsafe for heavy. traffic and is
susceptible to further high flow events. Design work has been accomplished which
proposes construction of new abutments and the installation of a 50 foot deck. To
minimize disturbance to the stream and riparian areas, installation of voided slab
concrete stringers is proposed. These types of stringers have a reduced height, which
simplifies abutment and approach construction. FEMA and State Emergency
Management funds, in the amount of $33,273.01 have been approved for this project. It
is also proposed that City forces construct the abutments and road approaches for this
project. Total project cost is estimated to be $70,000.
It is anticipated that work will start in mid-Spring or early summer and be completed by
September 15, 2009 as required by State issued hydraulics permit for this stream
crossing~
Two bids were received for the fabrication and delivery of the bridge stringers, as
follows:
Central Pre-Mix Prestress Co.
(Spokane, WA)
$42,911.18 (inc. sales tax)
Knife River
(Harrisburg, OR)
$41,871.82 (inc. sales tax)
Knife River provided the lowest quote for the fabrication and delivery of the bridge
stringers. The total amount is $41,871.82 (including sales tax).
Fiscal Summary
The engineer's estimate for this project is $40,000.00 including tax for purchase of the
bridge stringers and $70,000.00 for the completed project. Funding for the project:
FEMA
Water Capital Fund
Total
$33,253.01
$36,726.99
$70,000.00
PumhaseofStringern
Council Summary
May 2009
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(4) 21" 1il"~Sl~ES~D VOID~D SLAOS , ~()';,1011 LONG. INCLUDES: fJ~A~ING PADS, TIt ROOS. ~Nf) DOWEL PINS, OALOULATlONS FO" SI.AmS ONLY... NO
SUOST~UC'fURE ENGINEtAING, INStRTS IN (2) SI.AOS . 6';,3" o.e. FOR RAII.POST/"AILlNG. tXCLUD~S: GROUT, fi"~I.l)WORI(, NAIL POSTS ANI) RAILINGS,
NOT CAST INTO SLAOS NOT INCbUf)~D AgO~,
r-om JOO""SI~ ... UNLOADING AND ~R~e1'lON ~Y ()TM~RS ="l39,~7fool' '193,00
" ~' ~.o. (0)( HH ., I
"""'" . , 13&05 f.l~ORIA RD, MMM
KN I FE RIVER HA"A'~6YfiG, OR 0'144, .
~ AN.... "IlOU_ toM.... 1lt41 (1i41.) QUti=ti;Ji'l g, ~AIIiA/AO
~AXI 841 QQ8""D44'1 "'" fiV VIJ
ANY 111M
BRIMEFtTON BAIDOE
E~T'MA ilON
PRICE QUOTES FOR GORST CREEK BRIDGE STRINGERS
Specifications for (4) stringers: H20 loading; 50 foot long; 16 foot aggregate width; 18" to 24" height;
pre-stressed voided slab stringers Included: bearing pads; tie rods; end dowel pins; set up for curb stop
on outside stringers; shop drawings
Company/Location
Quote (inc. tax)
Deliverv Time After Order Placed
Knife River/Harrisburg, OR
$41,871.82
6-8 weeks
Central Pre-Mix/Spokane, WA
$42,911.18
8-1 0 weeks
($1039.36 difference)
DATE SUBMITTED: May 6, 2009
BILL #
Oq -1/9
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5r
........................................................................................
SUBJECT: Interlocal Agreement for
Professional Services between Kitsap County
and the City of Bremerton to Perform
Biennial 11 th Street Bridge Inspection.
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: PW &U Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The Federal Highway Administration (FHW A) requires the City to perform biennial
bridge inspections of the 11th Street Bridge to comply with the National Bridge Inspection Standards
(NBIS). The City does not have the expertise to perform the necessary bridge inspection and has
negotiated an Interlocal Agreement with Kitsap County to do so.
ATTACHMENTS: 1.) Interlocal Agreement for Professional Services between Kitsap County and
the City of Bremerton, and 2.) Council Summary.
FISCAL IMPACTS (Include Budgeted Amount): The inspections are budgeted in the Arterial Street
fund; $3,500.00 will cover inspections in 2010 and 2012.
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~
CONSENT AGENDA
GENERAL BUSINESS
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Interlocal Agreement for Professional Services
between Kitsap County and the City of Bremerton to perform Biennial 11 th Street Bridge Inspections
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
INTERLOCAL AGREEMENT FOR 11TH STREET BRIDGE INSPECTION
COUNCIL SUMMARY
Summary
The Federal Highway Administration (FHWA) requires the City of Bremerton to comply
with the National Bridge Inspection Standards (NBIS). The NBIS requires all local
bridges to be load rated to determine their safe load carrying capacity and the inventory
and operating rating for reporting on the State of Washington Inventory of Bridges and
Structures (SWIBS) form. The City has requested Kitsap County complete the required
inspection and load and operating ratings for the 11 th Street Bridge located over
Cambrian Avenue as they have the expertise to perform this service.
This Interlocal Agreement will include all inspection, equipment, traffic control and
administrative support required to meet the requirements of the NBIS, and submittal of
said inspection to FHWA. Kitsap County will provide the City with a copy of their
submittal, which includes the operating rating and inventory report. Two complete
inspection and reporting cycles (2010 and 2012) are included in this agreement.
Fiscal Summary
The estimated cost of the Interlocal Agreement is $3,500.00 for both inspections and is
included in the Arterial Street fund budget.
_. _ ~. _ . u ..
City of Bremerton
Interlacal Agreement for 11"1 Street Bridge Inspection
May 2009
Kitsap County Department of Public Works TRANSMfTTALLETTER
614 Division Street, M5-26
Port Orchard, WA 98366
360.337.5777 DATE: February 24, 2009
ATTN: Luke Korpi, P.E.
City of Bremerton
Dept of Public Works & Utilities
3027 Olympus Drive
Bremerton, WA 98337
. Copies Date Number DescriptiQn
. .
3 2/24/09 KC 092-09 ILA for Bridge Inspection & Reporting Services
Please sign all and return to me - call if you have questions.
THANK YOU Luke.
~ehA~t1--hr~
h ',-tOa.p CnIA~ J:Bp+ at: .ptJ
Cto Loy~ Allen
lJ I t.f j)jVI~I'Or1 Sf] tv\5-,)LP
-Po r+ D(choJ'o( I vJ A q'tS'5(P~
Signed:
~.~
Lori Allen; Office Spee II-
RECEIVED
FEB 2 6 ~:G09
ENGINEERING D!VISION
INTERLOCAL AGREEMENT KC 092-09
FOR PROFESSIONAL SERVICES
BETWEEN KITSAP COUNTY AND
THE CITY OF BREMERTON
I. PREAMBLE
This Interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap County
(hereafter "COUNTY") whose principal offices are located at 614 Division Street, Port
Orchard, WA, 98366 and the City of Bremerton (hereafter "CITY") whose principal
offices are located at 3027 Olympus Drive, Bremerton, WA, 98310.
II. RECITALS
The Washington State Department of Transportation (WSDOT) requires that the CITY
comply with the National Bridge Inspection Standards (NBIS) as issued by the Federal
Highway Administration (FHWA). WSDOT requires all local bridges to be inspected a
minimum of every two years throughout their life spans by qualified personnel. The
inspection is to be performed in accordance with the requirements, and in the report
format, as defined in the Washington State Bridge Inspection Manual. Inspection
information supplied to the WSDOT will be utilized to calculate a sufficiency rating for
the bridge.
The sufficiency rating is used as a basis for establishing eligibility and priority for
replacement and rehabilitation of bridges with the FHWA. The CITY has requested that
the COUNTY" complete the required inspection for the 11 th Street bridge" over Cambrian" -..
Avenue for the purposes of meeting these WSDOT and FHWA inspection and sufficiency
rating requirements and the COUNTY is committed to providing that service. The
inspection data gathered by the County is not intended to warrant the structural or load
capacity, hydraulics, geometric configuration, seismic stability, life span, or identify
latent or dangerous conditions associated with the bridge and its associated features,
The COUNTY and CITY desire to enter into an AGREEMENT for performing these tasks.
The COUNTY will be reimbursed by the CITY for true costs incurred to perform these
services as provided below. The Interlocal Cooperation Act, R.C.W. 39.34, further
authorizes the parties hereto to enter into this AGREEMENT.
ACCORDINGL V, THE PARTIES AGREE AS FOLLOWS:
III. AGREEMENT
1. Purpose
The purpose of this AGREEMENT is to provide a mechanism for the COUNTY to provide
reimbursable NBIS inspection, analysis and Washington State Bridge Inventory System
(WSBIS) documentation services required for the CITY to comply with the FHWA
standards.
2. Scope of Work
The COUNTY shall provide the CITY with all inspection duties and services on the 11th
Street Bridge necessary for the CITY to meet the WSDOT and FHWA bridge inspection
requirements outlined above. Services performed by the COUNTY under this
agreement include all inspection, equipment, traffic control and administrative support
required to meet said requirements.
COUNTY shall complete required inspection and reporting on a biennial basis and
provide the CITY with WSBIS inspection report and subsequent Sufficiency Rating.
TWO complete inspection and reporting cycles (2010 and 2012) are included in this
AGREEMENT.
3. County ReDresentative
Jonathon Brand, P.E.
Kitsap County Department of Public Works
614 Division Street, MS-26
Port Orchard, WA 98366-4699
(360) 337-5777
4. City ReDresentative
Mike Mecham, P.E.
City of Bremerton
Department of Public Works and Utilities
3027.01yhipus Drive . .. -
Bremerton, WA 98310
(360) 473-5288
5. Reimbursement
CITY shall reimburse COUNTY only for actual incurred costs upon presentation of a
properly executed invoice in a form approved by the CITY. The sum of COUNTY'S
reimbursement requests during the duration of this Agreement shall not exceed Three
Thousand and Five Hundred Dollars ($3,500.00).
Reimbursement requests shall not be made more frequently than once every two years.
CITY reserves the right to withhold payments pending timely delivery of progress
reports or documents as may be required under this AGREEMENT. CITY shall
reimburse COUNTY within 30 days of receipt of a properly executed COUNTY invoice.
6. Documentation of Costs and Maintenance Records
COUNTY shall maintain all books, documents, receipts, invoices, and records including
payroll records necessary to sufficiently and properly reflect the expenditure of CITY
funds. The accounting records must provide for a separate recording and reporting of
all receipts and expenditures related to this AGREEMENT. Financial records pertaining
to matters authorized by this AGREEMENT are subject to inspection and audit by
representatives of CITY or the State Auditor upon request. Financial records shall be
preserved and made available to CITY and its agents for a period of six (6) years after
the end of this AGREEMENT or, in the event of an audit, records shall be kept until the
audit is completely resolved.
7. Assianment
COUNTY shall not assign or subcontract any portion of the services provided within the
terms of this AGREEMENT without obtaining prior written approval of CITY. All terms
and conditions of the AGREEMENT shall apply to any approved subcontract or
assignment related to this AGREEMENT.
8. Nondiscrimination
CITY and COUNTY agree to comply with all applicable local, state, and/or federal laws
and ordinances, and agree that they shall not discriminate in their employment
practices or delivery of services or other activities on the grounds of race, color,
religion, national origin, age, sex, marital status, veteran status, sexual orientation, or
the presence of any sensory, mental or physical handicap.
9. ComDliance with Laws
COUNTY shall comply with all federal, state, and local laws, statues, ordinances, rules,
and regulations applicable to the performance of this AGREEMENT. COUNTY agrees to
comply with all the provisions of the Americans With Disabilities Act and all regulations
interpreting or enforcing such act.
10. Indemnitv
It is understood and agreed that this AGREEMENT is solely for the benefit of the parties
hereto and gives no right to any other party. No joint venture or partnership is formed
as a result of this AGREEMENT. Each party hereto agrees to be responsible and
assumes liability for its own negligent acts or omissions, or those of its officers, agents,
or employees to the fullest extent required by law, and agrees to save, indemnify,
defend, and hold the other party harmless from any such liability. In the case of
negligence of both COUNTY and CITY, any damages allowed shall be levied in
proportion to the percentage of negligence attributable to each party, and each party
shall have the right to seek contribution from the other party in proportion to the
percentage of negligence attributable to the other party.
11. Insurance - Workers ComDensation
COUNTY agrees to comply with all State requirements to Workers Compensation
Insurance.
12. Amendments to Aareement
The parties hereby further agree that this AGREEMENT cannot be amended or modified
without the written concurrence of both parties.
13. Termination
Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason
by delivering a thirty (30) day written notice of intent to terminate to the other party.
In the event of such termination, the COUNTY shall be compensated for the actual
costs incurred prior to the time of notification of contract termination.
14. Duration of Agreement
This AGREEMENT is in effect from the date signed by both parties, through December
31, 2012.
EXECUTED this
day of
2009.
CITY OF BREMERTON
KITSAP COUNTY
BOARD OF COUNTY COMMISSIONERS
Mayor
CHARLOTTE GARRIDO, Chair
Date.
STEVE BAUER, Commissioner.
JOSH BROWN, Commissioner
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH
CITY ATTORNEY
Opal Robertson, Clerk of the Board
DATE SUBMITTED: May 6, 2009
BILL # 0 q -- I 1 ~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5r
......'..................................................................................
SUBJECT: A ward Contract for extension
of water main and construction of low
pressure sanitary main for Airport Extension
Phase- II to Sound Excavating Inc.
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Sealed bids for construction of the project titled "Airport Extension Phase II" were
opened on April 9, 2009. The engineer's estimate for this project is $365,819.10. 19 bids were
received for this project. Sound Excavating Inc. was the lowest responsive, responsible bidder with a
bid of $167,476.40 (including sales tax).
ATTACHMENTS: 1.) Council Summary; 2.) Aerial Map; and 3.) Bid Tabulation.
FISCAL IMPACTS (Include Budgeted Amount): The project is funded by the Port of Bremerton's
Community Economic Revitalization Board (CERB). The City is providing a match for the Port by
providing Engineering & Construction Management of the project. Estimated City costs for the
project are $15,000 which will be from the Water Fund.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to award a contract in the amount of $167,476.40 (including
sales tax) with Sound Excavating Inc. for construction of the project titled "Airport Extension Phase
II" and authorize the Mayor to finalize and execute the agreement with substantially the same terms
and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
AIRPORT EXTENSION - PHASE II
Summary
With the successful completion of the first phase of the project at the Port of Bremerton
Airport, sufficient grant funding remains to allow 700 feet of additional 16-inch water
line and 3100 feet of 3-inch low pressure sewer main to also be constructed. This will
allow the water and sewer utilities to be extended up to the right of way for the new
SKIA connector roadway so that both utilities may be extended with the new roadway.
These utilities will service properties on the east side of the airport property. This project
has been identified in the Capital Improvement Projects for the water system.
Fiscal Summary
The grant fund was received by the Port through the Community Economic
Revitalization Board (CERB) and to pay for the construction of the two utilities. As part
of the grant, the City is to provide a match for the money in the form of completing the
design for the project and construction management.
Airport Extension Phase /I
Council Summary
AIRPORT EXTENSION - PHASE II
i Base Bid i Alternate Item! Total
-- -- % --- - --- --1------.---.---. ----- -- --,-- -------..--_ .__.__.___. ______L _. _ _ _'_.
Eng i !1e~r't; E:~tif1!~te___ ____/_ __~3_~~,~!.9.._1 ~ _:_~'lI3!~~~()0_mL_$~~~,_~_19..10
~~un_dExc:a_v~til19.. ___ ____ L __$~E_1,8.,~~8~ 1_~1~,6~!.~54_____i__ ~167,.,!~.~0
LesRu_~t;ell~()!1!~~n_L_$.1?J,_1-4~.!5_ $20,634.00 : $197,780.15
DoLJble t-. ~o:z.in~t___ _ i $172,715.02 $25~23fi34-T -$197,954.35
Henderson Partners !- $184~196.46 - $15,9()9jiol--S200;-106.36
ReidTrll~kl!1ii~-gx_c~~-~ - _-~__r=~~1_~3!~1 ~3..1f ___~21~j2_~~Q~_:~I-$2~~A3(1"7 _._
Stan Palmer Const. : $1~0,122.76 $17,376.00' $207,498.76
RY ~'A~~~~i~~~s----- ------r-$230,695~18 i]}5~2~4~90~-J-)2~5,899.18
Lydel (;.o!1t;t..___ __. . _J=j2.2.~~~3.f!5 _ L $30,408.00 i $251,342.75
PCiJ!e &S_()l'ls . .____ i $231,131. 75 $23~892.00---i-'$255~623:75--
Nova C~n~~actin9__ __i--$-2:i6~094~34'- r-S-2(72(iOO-- T-$247~814.34
. ----I -- ---..----. - --... T - - - - --..---.- ..,---- .- -- --- - --- ...-
KBH Const. i $2~,086.98 , $24,978.00 ! $268,064.98
Liden Land Dev. -- - -- "'r- $257(315~5If i--$21,8:i5~6j' :--$273~"-41:25 -
Construci-co: - ---- --- u -r--$253~966.53-r -$19,54if.o-0 --r- $273~514.53
- -.- ----- --.---.-.---..--.----- ---.r----------.- - ..- ----or .---------.--------,---.---.- ----.- - ___. .
Huston Excav. i $2~8,044.35 : $19,548.00 i $287,592.35
vvashin-9t:~nPipeli~~ __ -T '$2<<i6,723.77 - -'$21;72-0:00 uT---$288;443.77
Wiseman Utilities -r-$26('-,3fis1: $30,429.72---r-S296,747.33
Peninsula-Civii---.----j--S273-,391-:S1- i- -S26;064j)"O-r --$299,455.81
B & B Utilities-&' Excav.- '-$~8~~~~~_:6()- T--$24,978::00- '-~~O.5;274.60
North Sky Comm. $267,683.58 i $38,496.53 $306,180.11
('/~~' (~tBremt'rlOn
RuITa/Julal/(Jf/
,'Ur!JOrI Fr/c!1.\/OJl - j1hne 11
1<e1'I.\ed
-I.2},]{)(}y
CONTRACT
THIS AGREEMENT is dated the day of
by and between City of Bremerton (hereinafter called CITY) and
in the year 20_
(hereinafter called CONTRACTOR).
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY's
Contract Documents entitled Airport Extension Phase II.
ARTICLE 2. CONTRACT TIMES.
The WORK shall be completed within 60 calendar days from the commencement date
stated in the Notice to Proceed. Time is of the essence as to each and every deadline
set forth in this agreement. This provision has been specifically negotiated.
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence of this Agreement
and that the CITY will suffer financial loss if the WORK is not completed within the time
specified in Article 2 herein" plus any extensions thereof allowed in accordance with
Section 1-08.8 of the Standard Specifications which may be modified by the Special
Provisions. They also recognize the delays, expen~e, and difficu!ti~s involved. inpfoving
ill a legal proceeding the actual loss suffered by"the CITY if the WORK is not completed
on time. Accordingly, instead of requiring any such proof, the CONTRACTOR shall pay
the CITY liquidated damages for each day that expires after the time specified in Article 2
herein and Special Provision 1-08.5 for Substantial Completion and Final Completion of
the WORK in accordance with Section 1-08.9 of the Standard Specifications as may be
modified by the Special Provisions.
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the
Contract Documents in the amount set forth in the Bid Proposal, which shall include sales
tax as provided in Section 1-07.2(2) of the Special Provisions.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9
of the Standard Specifications which may be modified by the Special Provisions..
Applications for Payment will be processed by ENGINEER as provided in the Special
Provisions
Contractor Initials
City of Bremerton
CONTRACT -I
Airport Extension Phase II
5/4/20091:32 PM
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and
CONTRACTOR concerning the WORK consist of this Contract (pages Contract-1 to
Contract-7, inclusive) and the following attachments to this Contract:
o Notice Inviting Bids,
o Bidders Checklist,
o Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid
Bond, and all required certificates and affidavits,
o Performance Bond,
o Payment Bond,
o Standard Specifications,
o Special Provisions,
o Contract Plans,
o Addenda numbers
to
, inclusive.
o Change Orders which may be delivered or issued after Effective Date of the
Agreement and are not attached hereto.
There are tiC) Contract Dotumentsother than tnose fisted in this Article 6. The Contract
Documents may only be amended by Change Order as provided in Section 1-04.4 of the
Standard Specifications which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the
following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR
specifically waives his immunity under industrial insurance under Title 51 RCW. To the
fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify,
defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and
the officers, directors, employees, and agents of each and any of them, against and from
any and all claims, injuries, damages, losses or suits, including all legal costs and
attorney fees, all claims and liability arising under, by reason of, related, or incidental to
the Contract Documents or any performance of the WORK, but not from the sole
negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in
the Contract Documents. The provisions of this section shall survive the termination of
the contract.
Contractor Initials
City of Bremer ton
CONTRACT -2
Ai/port Extension Phase f/
5/4/20091:32 PM
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and specifically but without limitation monies that may become due
and monies that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or
all of its duties, rights and/or responsibilities under the Agreement, except with regards to
an assignment of funds for security purposes. In the case of an assignment for security
purposes the CITY may condition its approval to the extent it deems necessary to assure
that there will be adequate funds to complete the WORK and to pay a subcontractors and
suppliers.
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be
executed the day and year first above written.
CITY: City of Bremerton
CONTRACTOR
By
By
[CORPORATE SEAL]
Attest
Attest
Address for giving notices
Address for giving notices
License No.
Approved as to Form:
(Signature)
Agent for service of process:
(Title)
City of Bremertoll
CONTRACT -3
Airport Extension Phase /J
5/4/20091:32 PM
CONTRACT CERTIFICATE
(if Corporation)
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and
adopted:
"RESOLVED, that , as
President
of the Corporation, be and is hereby authorized to execute the Agreement dated
,20_, by and between this Corporation and City of Bremerton and that his/her
execution thereof, attested by the Secretary of the Corporation, and with the
Corporate Seal affixed, shall be the official act and deed of this Corporation."
I further certifY that said -resolution IS now in full force and effect
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official
seal of the corporation this , day
of ,20
Secretary
(SEAL)
City of Bremerton
CONTRACT-4
Airport Extension Phase 11
5/4/20091:32 PM
CONTRACT CERTIFICATE
(if Partnership)
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Partners of the
a partnership existing under the laws of the State of , held on
, 20 , the following resolution was duly passed and
adopted:
"RESOL VED, that
, as
of the Partnership,
be and is hereby authorized to execute the Agreement dated ,
20 , by and between this Partnership and City of Bremerton and that his/her
execution thereof, attested by the shall be the
official act and deed of this Partnership. II
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _' day of
20
Partner
(SEAL)
City of Bremerton
CONTRACT -5
Airport Extension Phase II
5/4/20091:32 PM
CONTRACT CERTIFICATE
(if Joint Venture)
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Principals of the
a joint venture existing under the laws of the State of
, held on
adopted:
, 20 , the following resolution was duly passed and
"RESOLVED, that
, as
of the Joint Venture,
be and is hereby authorized to execute the Agreement dated
20 , by and between this Joint Venture and City of Bremerton and that
his/her execution thereof, att(3sted by the shall be the ..
officiaracfand deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _, day of
20
Managing Partner
(SEAL)
Ci/y of Bremer/on
CONTRACT -6
Airpor/ Ex/ension Phase II
5/4/20091:32 PM
CONTRACT CERTIFICATE
(if Limited Liability Company)
STATE OF
)
) SS:
)
COUNTY OF
I HEREBY CERTIFY that a meeting of the Members of the
a Limited Liability Company existing under the laws of the State of
, held on
adopted:
, 20 , the following resolution was duly passed and
"RESOLVED, that , and
as members of the Limited Liability Company,
be and are hereby authorized to execute the Agreement dated
20 , to the City of Bremerton by this Limited Liability Company and that
their execution thereof shall be th~ official act and deed of this Limit~dL,iqbiljty
.. C6mpany."Q. .-
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this _' day of
20
A Limited Liability Company
By:
Member
By;
Member
(SEAL)END OF AGREEMENT
City of Bremertan
CONTRACT -7
Ai/port Etlension Phase 11
5/4/20091:32 PM
PERFORMANCE BOND
CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON
KNOW ALL MEN BY THESE PRESENTS:
That , of
as Principal, and , as Surety, are jointly and
severally held and bound unto THE CITY OF BREMERTON, the penal sum of
Dollars ($ ), for the payment of which we jointly and
severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and
assigns, firmly by these presents.
The condition of this bond is such that WHEREAS, on the day of
, A.D., 20_, the said , Principal
herein, executed a certain Contract with the City of Bremerton, by the terms, conditions and
provisions of which Contract the said , Principal herewith, agrees to
furnish all materials and do certain work, to-wit: That the said Principal herein will undertake
and complete the following described
work:
. the County of Kitsap, Washington, as per maps, plans and specifications made a part of
said Contract, which Contract as so executed, is hereunto attached, and is now referred to and by
this reference is incorporated herein and made a part hereof as full for all purposes as ifhere set
forth at length.
. NO"" TH~.REFORE, if the Princip~l herein shall faithfully and truly observe and comply
with the terms, conditions and provisions of said Contract, in all respects and shall well and truly
and fully do and perform all matters and things by the said Principal undertaken to be performed
under said Contract, upon the terms proposed therein, and within the time prescribed therein, and
until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen,
and all persons who shall supply such Contractor or subcontractor with provisions and supplies
for the carrying on of such work, and shall in all respects faithfully perform said Contract
according to law, then this obligation to be void, otherwise to remain in full force and effect.
WITNESS our hands this
20
day of
Principal
Surety Company
By:
By:
By:
Attomey-in- fact
City of Bremerton
PAYMENT BOND -I
Airport Extension Phase II
5/4/20091:32 PM
APPROVED AS TO FORM this
20
Address ofloeal offiee and agent of Surety
Company:
day of
City of Bremerton Attorney
City of Bremer/on
PAYMENTBOND -2
Airport Extension Phase If
5/4/20091:32 PM
DATE SUBMITTED: May 6, 2009
BILL #
b ~... t;)-O
AGENDA BILL
, CITY OF BREMERTON
CITY COUNCIL
5K
........................................................................................
SUBJECT: Change Order Number 2
Approval and 2009 Budget Adjustment for
WWTP Wet Weather Facilities Upgrade.
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: PW &U Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Change Order Number 2 for the project titled "Bremerton Sewer WWTP Wet Weather
Facilities Upgrade" provides for a number of small mechanical piping and electrical changes to the
work but primarily provides for the additional installation of eight new sluice gates. The original
contract amount with Pease and Sons was $3,229,728.00 (not including Sales Tax). Change Order
No.1 was approved by the Mayor for an amount of$37,790.81 (not including Sales Tax). Change
Order No.2 increases the contract by an additional $292,915.46 for a total contract amount of
$3,560,434.27 (not including sales tax).
ATTACHMENTS: 1.) Council Summary; and 2.) Change Order 2
FISCAL IMPACTS (Include Budgeted Amount): The 2009 budget for this project is $2,000,000.
As a result of this change order and other additional costs, the 2009 budget for this project should be
adjusted to $2,500,000. This project is fully funded by an SRF Loan, PWTF Loans, and an EP A
Grant.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
APPROVALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTION: Move to approve Change Order Number 2 for the project titled
"Bremerton Sewer WWTP Wet Weather Facilities Upgrade" and authorize the Mayor to finalize and
execute Change Order Number 2 in substantially the same terms as presented and authorize an
increase the 2009 WWTP Wet Weather Facilities Upgrade project budget to $2,500,000. Further
move to authorize the Mayor to approve additional change orders notfxceed, $50,000 in aggregate.
10
COUNCIL ACTION: 0 Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
BREMERTON SEWER WWTP WET WEATHER FACILITIES UPGRADE
Chanae Order Number 2
Summary
The City awarded a contract to Pease and Sons Inc for the WWTP Wet Weather
Facilities Project in March of 2008. The bid came in low enough that we were able to
award the base bid and two additive alternates bid items for a new headworks screen
and ten slide gates. At this point in the project there is funding available to allow the
replacement of another eight slide gates that are currently inoperable or do not seal
properly. Change Order Number 2 covers the additional work associated with these
gates and a number of additional minor mechanical piping and electrical Work Change
Directives which are included.
The gates to be replaced are located at the headworks, at the chlorine contact chamber,
and at the aeration basin. The total cost of this change order is $292,915.46 (not
including sales tax). There will also be an additional 56 days of contract time added to
accommodate the delivery and installation of the gates.
The construction will be completed within 519 calendar days of Notice to Proceed. The
estimated completion date is September 18, 2009.
This project is included in the capital projects list for the current Wastewater
Comprehensive Plan, and the CIP.
Fiscal Summary
The budgeted amount identified in the adopted 2009 Budget for this project is
$2,000,000 and the total project budget is $5,946,000. Funding is provided through a
combination of grants and loans which have all been executed as shown in the table
below. In order to complete the project and allow for any additional chang~srequ~red it
iSrietessI~rry to'increasEfthe 2009'blidgef to $2,500,()00'fodhfsprojecf Th-e estimated
total project cost is $5,500,000.
Loan/Grant STAG Grant- PWTF - SRF - DOE PWTF -
In Hand In Hand In Hand In Hand
Amount $1,746,000 $200,000 $1,000,000 $3,000,000
Loan Fee N/A N/A N/A N/A
Match 71% 15% N/A 15%
Required
Term N/A 20- Years 20-Years 20-Years
Interest Rate N/A 0.5% 2.6% 0.5%
Annual Debt N/A $10,500 $64,4000 $158,000
Service
elfy of Bremer/on
WWTP I !pgrade - Col1/raCI Al1'ard
March :!008
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: Two
PROJECT NAME: WWTP Wet Weather Facilities Upgrade
PROJECT NO:
5020
CONTRACTOR: Pease and Sons
ORIGINAL CONTRACT AMOUNT:
$3,229,728.00 DAYS:
$37,790.81 DAYS:
$292,915.46 DAYS:
$3,560,434.27 DAYS:
447
PREVIOUSLY APPROVED CHANGES:
16
THIS CHANGE:
56
REVISED CONTRACT AMOUNT:
(Excluding Sales Tax)
519
This Change Order covers changes to the subject contract as described herein. The Contractor shall
construct, furnish equipment and materials, and perform all work as necessary or required to
complete the Change Order Items. The increase or decrease in contract price shown below does not
include applicable sales taxes.
DESCRIPTION OF CHANGES
INCREASE IN
CONTRACT
AMOUNT
($)
(DECREASE) IN
CONTRACT
AMOUNT
($)
CONTRACT
TIME
EXTENSION
(DAYS:)
o ,....
..... .....
,.... ,....
Q) Q)
"3 "3
0:: 0::
-- ,~" . .~ . C H _
X Work Change Directive 3 - This work was deleted. The credit ($1,295.07) 0
reflects a restocking charge on two PVC knife gate valves.
X Work Change Directive 14 - Provide 480/3 Phase power $6,113.93 0
conduit and conductors to the 3 cake pinch valves.
X Work Change Directive 15 - Relocate flow meter FE46220 to $1,694.49 0
the discharge side of the air gap system. Provide power and
signal conduit and wire.
X Work Change Directive 16 - Provide 120 V power conduit and $2,579.24 0
wire for load cell power circuit.
X Work Change Directive 17 - Provide communications and $3,011.31 0
control conduit and wiring between the existing TWAS Panel
and the new RDT Panel.
X Work Change Directive 18 - Modify panel LP-EPS in $615.88 0
accordance with Memo from CH2M Hill.
X Work Change Directive 20 - Install city provided flow meter on $935.39 0
polymer line.
X Work Change Directive 21 - Demo existing waste gas burner $8,015.68 0
piping and meter and boiler gas piping and meter. Replace
meters.
X Work Change Directive 22 - Remove and replace eight ductile $264,738.66 56
iron and aluminum control gates with plastic sluice gates with
motor operators.
CONTRACT CHANGE ORDER NO: Two
PROJECT NAME: WWTP Wet Weather Facilities Upgrade
X Work Change Directive 23- Provide additional control relay in $870.89 0
the centrifuge panel and wiring for the pneumatic NO.2 water
centrifuge flush valve.
X Work Change Directive 25 - Modify 4" Drain piping to be routed 3,620.14 0
outside the building. Connect pressure relief piping to the new
drain line. Modify air gap tank feed piping as necessary to meet
cross connection control requirements.
X Work Change Directive 27 - Demo concrete beam from DAFT $1,332.84 0
tank to accommodate concrete floor placement.
X Work Change Directive 28 - Shop-paint floor drains in RDT $682.08 0
building to improve corrosion resistance.
NET CHANGE IN CONTRACT AMOUNT $292,915.46 56
INCREASE OR (DECREASE)
ESTIMATED SALES TAX (8.6%) $25,190.73
ESTIMATED TOTAL INCLUDING SALES TAX $318,106.19
Coqtractor 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.Ch9IJg~.Qrd~r $bC31J limitthe.City'sright to bring a claim for
pastperf6rrriance. ... .. ..
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.
WWTP Wet Weather Facilities Upgrade
Change Order No.2
Page 2 of3
CONTRACT CHANGE ORDER NO:
PROJECT NAME: WWTP Wet Weather Facilities Upgrade
Two
RECOMMENDED:
~/7 tJ/
Date
PROJ ~-T-^EN(3JNEER
/' I,
, I/',f /!
/ //- /i 2' /1 /.,/ /
/ // "'; ".,'/" ,1'//
RECOMMENDED.' (/~_.<; h }///11/-1 >l/t ~ ,.--.-/
.~~c ____~~~--'/ t/"! _ i'v \,,/ ,.., - ....
- / I
~ 17 /6 7
,
Date
CITY ENGINEER / DIRECTOR OF PUBLIC WORKS
ACCEPTED: ~~~
s/Ivr
Date
APPROVED:
MAYOR
Date
APPROVED AS TO FORM:
ATTEST:
Bremerton City Attorney
City Clerk
WWTP Wet Weather Facilities Upgrade
Change Order No.2
Page 3 of3
DATE SUBMITTED:
BILL # 0 9 - / d- I
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
51--
........................................................................................
SUBJECT:
Prosecution services, budget adjustment
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: Legal
Presenter: Roger Lubovich
Phone: 360-473-2335
SUMMARY:
The City's current contract with Kitsap County's Prosecuting Attorney's office expires June 30, 2009.
The City received a proposal from Kitsap County to extend the agreement at an additional cost of
$102,000 per year (from $150k to $252k). The City Attorney's office, together with the Chief of
Police and the Director of Financial Services, analyzed the impacts of extending the agreement with
the County or bringing the service in-house, and reducing the scope of services provided. The staff
recommendation is to bring prosecution in-house effective September 1,2009. Additionally, staffis
recommending that the Jail budget be reclassified to a non-departmental appropriation, to be overseen
by the City Attorney, Police Chief and Director of Financial Services. A budget adjustment is needed
to provide additional funding and staff for prosecution services, and restructuring the jail budget.
ATTACHMENTS:
Proposed pay ranges for proposed staff.
FISCAL IMPACTS (Include Budgeted Amount):
An additional $50,000 appropriation is needed in the legal budget in 2009. The jail budget ($837,000)
will be allocated as follows: $100,000 of estimated savings to remain in police department, $50,000
appropriated to legal and the remainin $687,000 to non-departmental for Jail related costs.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~iJ('
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to authorize staff to proceed with implementation of in-house prosecution services and to
prepare a budget adjustment to include an increase in the legal department budget of $50,000 and add
necessary staff as proposed, increase non-departmental budget $687,000 for jail services, and reduce
the police department budget $737,000.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
FINANCE OFFICER
FORESTRY MANAGER
INFORMATION SYSTEMS MGR
MANAGING ENGINEER
PWS OPERATIONS MGR
RISK MANAGER
UTILITY OPERATIONS MGR
WASTEWATER MANAGER
WATER RESOURCE MGR
15 COURT SERVICES MANAGER
PROJECT MANAGER
14 ASSISTANT FINANCE OFFICER
CITY CLERK
PWS & UTILITY FINANCE MGR
~
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2009
2009 CPI Adjusted Base 5.00% - Effective 1-1-09
SEMI-MONTH
ANNUAL
3,301.34
79,232.16
3,468.47
83,243.28
3,555.17
85,324.08
3,644.06
87,457.44
3,735.15
89,643.60
3,828.53
91,884.72
3,924.25
94,182.00
- -. ~ I -". - _ - I" ' ,
SEMI-MO DC 132.05 138.74 142.21 145.76: 149.41 153.14' 156.97" 160.89
4,022.35
96,536.40
MONTH
SEMI-MONTH
ANNUAL
6,284.52
3,142.26
75,414.24
6,602.67
3,301.34
79,232.09
6,767.76
3,383.88
81,213.12
6,936.94
3,468.47
83,243.28
7,110.34
3,555.17
85,324.08
7,288.12
3,644.06
87,457.44
7,470.30
3,735.15
89,643.60
7,657.06
3,828.53
91,884.72
. -, I" - "'- - .' ~ '" -, ~ ..' . , ,-/
SEMI-MO DC' 125.69' 132.05' 135.36 138.74 . 142.2'1 -, 145.76 ~: . '149.41 " . 153.14
MONTH
SEMI-MONTH
ANNUAL
5,981.68
2,990.84
71,780.16
6,284.52
3,142.26
75,414.24
6,441.64
3,220.82
77,299.68
6,602.68
3,301.34
79,232.16
6,767.76
3,383.88
81,213.12
6,936.94
3,468.47
83,243.28
7,110.34
3,555.17
85,324.08
7,288.12
3,644.06
87,457.44
, . - > - -" " , ^' - -. ~. .
SEMI-MO DC 119.63 125.69 128.83 132.05 . 135.36' 138.74 . 142.21 145.76
13 ASSISTANTCITYATTORNEYI.. MONTH
FLEET MANAGER SEMI-MONTH
ANNUAL
12 ATHLETICS/RECREATION MGR
PARKS MAINTENANCE MGR
POLICE SUPPORT MANAGER
5,693.46
2,846.73
68,321.52
5,981.68
2,990.84
71,780.16
6,131.24
3,065.62
73,574.88
6,284.52
3,142.26
75,414.24
6,441.64
3,220.82
77,299.68
6,602.68
3,301.34
79,232.16
6,767.76
3,383.88
81,213.12
6,936.94
3,468.47
83,243.28
, :1 l' . ..' '-'. ~ . ~ "":: .1' ' ,~r , .
SEMI-MO DC 113.87 119.63 122.62' 125.69 '128.83 132.05' '135.36 ' 138.74
MONTH
SEMI-MONTH
ANNUAL
5,419.12
2,709.56
65,029.44
5,693.46
2,846.73
68,321.52
5,835.80
2,917.90
70,029.60
5,981.68
2,990.84
71,780.16
6,131.24
3,065.62
73,574.88
6,284.52
3,142.26
75,414.24
6,441.64
3,220.82
77,299.68
6,602.68
3,301.34
79,232.16
SeMI-MO DC: "108.38 ' 113.87 ' 116.72 . '119.63 ' ',:' 122.62'.' . 125.69 r, '>. 1'28.8'3"',.' 132.05
11 PARK DEVELOPMENT PLANNER MONTH
PUBLIC ACCESS MANAGER SEMI-MONTH
ANNUAL
5,158.00
2,579.00
61,896.00
5,419,12
2,709.56
65,029.44
5,554.58
2,777.29
66,654.96
5,693.46
2,846.73
68,321.52
5,835.80
2,917.90
70,029.60
5,981.68
2,990.84
71,780.16
6,131.24
3,065.62
73,574.88
6,284.52
3,142.26
75,414.24
SEMI-MO DC r 103.16:'" 108.38' "., 111.09, ; . 113.87' .:. 116.72"~'" 119.63": ','122.62' \' . 125.69
CITY OF BREMERTON
MANAGEMENT SALARY PLAN - 2009
2009 CPI Adjusted Base 5.00% - Effective 1-1-09
10
MONTH
SEMI-MONTH
ANNUAL
4,909.44
2,454.72
58,913.28
5,158.00
2,579.00
61,896.00
5,286.96
2,643.48
63,443.52
5,419.12
2,709.56
65,029.44
5,554.58
2,777.29
66,654.96
5,693.46
2,846.73
68,321.52
5,835.80
2,917.90
70,029.60
5,981.68
2,990.84
71,780.16
9
. . . "'.. ... " 'h ' .~ ~. .' .... I -"
SEMI-MO DC 98.19. 103.16 105.74 108.38 111.09, 113.87:' 116.72 .119.63
MONTH
SEMI-MONTH
ANNUAL
4,672.88
2,336.44
56,074.56
4,909.44
2,454.72
58,913.28
5,032.18
2,516.09
60,386.16
5,158.00
2,579.00
61,896.00
5,286.96
2,643.48
63,443.52
5,419.12
2,709.56
65,029.44
5,554.58
2,777.29
66,654.96
5,693.46
2,846.73
68,321.52
,- 'I' " , 'l:'." ,::' -. ~."" - .
SEMI-MO DC' 93.46 98.19 100.64 103.16' 105.74 108.38' 111.09 ,113.87
8
MONTH
SEMI-MONTH
ANNUAL
4,447.72
2,223.86
53,372.64
4,672.88
2,336.44
56,074.56
4,789.70
2,394.85
57,476.40
4,909.44
2,454.72
58,913.28
5,032.18
2,516.09
60,386.16
5,158.00
2,579.00
61,896.00
5,286.96
2,643.48
63,443.52
5,419.12
2,709.56
65,029.44
7 Prosecutor I'
, T~ ~ - >, t "" - - - ,-
SEMI-MO DC 88.95 93.46 95.79 98.19. 100.64: 103.16 105.74 108.38
)f
MONTH
SEMI-MONTH
ANNUAL
4,233.40
2,116.70
50,800.80
4,447.72
2,223.86
53,372.64
4,558.90
2,279.45
54,706.80
4,672.88
2,336.44
56,074.56
4,789.70
2,394.85
57,476.40
4,909.44
2,454.72
58,913.28
5,032.18
2,516.09
60,386.16
5,158.00
2,579.00
61,896.00
-. " " ',' " . . .' . f .." .
SEMI-MO DC 84.67 88.95 . 91.18 93.46.' 95.79, 98.19' 100.64 '103.16
6
MONTH
SEMI-MONTH
ANNUAL
4,029.40
2,014.70
48,352,80
4,233.40
2,116.70
50,800.80
4,339.24
2,169.62
52,070.88
4,447.72
2,223.86
53,372,64
4,558.90
2,279.45
54,706,80
4,672.88
2,336.44
56,074.56
4,789.70
2,394.85
57,476.40
4,909.44
2,454.72
58,913.28
". I . " r, I . .' , I. , ~ ~ "
SEMI-MO DC 80.59 84.67 86.78' 88.95" 91.18'" 93.46' 95.79. 98.19
5
MONTH
SEMI-MONTH
ANNUAL
3,835.24
1,917.62
46,022.88
4,029.40
2,014.70
48,352.80
4,130.16
2,065.08
49,561.92
4,233.40
2,116.70
50,800.80
4,339.24
2,169.62
52,070.88
4,447.72
2,223.86
53,372.64
4,558.90
2,279.45
54,706.80
4,672.88
2,336.44
56,074.56
- - ,- ~ '" . ,- ''''. ' ,- .'
SEMI-MO DC 76.70 80:59 ~ 82.60'" 84.67" 86.78 ',' ',88.951 91.18' 93.46
4
MONTH
SEMI-MONTH
ANNUAL
3,650.44
1,825.22
43,805.28
3,835.24
1,917.62
46,022.88
3,931.12
1,965.56
47,173.44
4,029.40
2,014.70
48,352.80
4,130.16
2,065.08
49,561.92
4,233.40
2,116.70
50,800.80
4,339.24
2,169.62
52,070.88
4,447.72
2,223.86
53,372.64
, '.. " .,r ". . ., y _ ',<:,. ";. '\ ,:: -. ! ,.I:' "
SEMI-MO DC. 73.01 76.70 78.62' 80.59' 82.60, :" - 8~4.67: ' 86.78. "',88.95
CITY OF BREMERTON
PROFESSIONAL, CONFIDENTIAL & FIDUCIARY PAY PLAN - 2009
2009 CPI Adjusted Base 5.00% - Effective 1-1-09
12 CDBG Administrator
11 Administrative Analyst
Executive Assistant
legislative Assistant
Paralegal
Senior Planner
10 Budget Analyst
CDBG Coordinator
HR Analyst
9
8 BKA T Production Admin
CS Officer/HR Asst
Council/Auditor Asst
7
6
5 Le al Assistant II
3
SEMI-MO DC " , 108.38, ' 113.87, ' 116.72: ': 119.63" "122.62: ,'125.69;i~:" '128:83; ," :p2.05
MONTH
SEMI-MONTH
ANNUAL
MONTH
SEMIOMONTH
ANNUAL
5,419.12
2,709.56
65,029.44
5,158.00
2,579.00
61,896.00
5,693.46
2,846.73
68,321.52
5,419.12
2,709.56
65,029.44
5,835.80
2,917.90
70,029.60
5,554.58
2,777.29
66,654.96
5,981.68
2,990.84
71,780.16
5,693.46
2,846.73
68,321.52
6,131.24
3,065.62
73,574:88
5,835.80
2,917.90
70,029.60
6,284.52
3,142.26
75,414.24
5,981.68
2,990.84
71,780.16
6,441.64
3,220.82
77 ,299.68
6,131.24
3,065.62
73,574.88
6,602.68
3,301.34
79,232.16
6,284.52
3,142.26
75,414.24
SEMI-MOOG" 103.16,' 108.38''-'' 111.09::' 113.87i . 116.72;:' . 119.63:~'" ':122.~2""" 125.69
MONTH
SEMI-MONTH
ANNUAL
4,909.44
2,454.72
58,913.28
5,158.00
2,579.00
61,896.00
5,286.96
2,643.48
63,443.52
5,419.12
2,709.56
65,029.44
5,554.58
2,777.29
66,654.96
5,693.46
2,846.73
68,321.52
5,835.80
2,917.90
70,029.60
5,981.68
2,990.84
71,780.16
SEMI-MODC '.-~ 98.19, ',r 103.16; ;"'105.74f .108.38:' 111~09'; . 113.87~, ' 116;7t,'"<":':,119.l?~
MONTH
SEMI-MONTH
ANNUAL
4,672.88
2,336.44
56,074.56
4,909.44
2,454.72
58,913.28
5,032.18
2,516.09
60,386.16
5,158.00
2,579.00
61,896.00
5,286.96
2,643.48
63,443.52
5,419.12
2,709.56
65,029.44
5,554.58
2,777.29
66,654.96
5,693.46
2,846.73
68,321.52
'SEMI-MO DC . '93.46 f, , ,. 98.19". 100.64:-: 103.16,} 105.74,~ . '.'. 108.38,; ',', '111.09,'~' ~'. 413.87
SEMI-MO DC .,:, . 88.95! 93.46:' , 95.79, . ' 98;19''''100.64 i.' '1,03.1EW>. '-'105.,74' " ,.1013.38'
SEMI-MO DC '. ',' 84.67l' 88.95" " 91.18; " '93.46 ',,' '. .' 95.79" 98.19," " '1QQ:6~'~ 7' . 193.16'
SEMI-MODC '" 80.59 . 84.67, ' ',86.78 . 00'88.95';' . 91:18~. ,., 93.46" :;:::'"'9~:-79~'" , 98.19
SEMI-MO DC i 76.70"" 80.59 82.60 . 84.67 ': ~. 86.78~,' '" 88.95" , ': 91.18,':, ",', . 93.:II-~
MONTH
SEMI-MONTH
ANNUAL
MONTH
SEMI-MONTH
ANNUAL
MONTH
SEMI-MONTH
ANNUAL
MONTH
SEMI-MONTH
ANNUAL
MONTH
SEMI-MONTH
ANNUAL
4,447.72
2,223.86
53,372.64
4,233.40
2,116.70
50,800.80
4,029.40
2,014.70
48,352.80
3,835.24
1,917.62
46,022.88
3,650.44
1,825.22
43,805.28
4,672.88
2,336.44
56,074.56
4,447.72
2,223.86
53,372.64
4,233.40
2,116.70
50,800.80
4,029.40
2,014.70
48,352.80
3,835.24
1,917.62
46,022.88
4,789.70
2,394.85
57,476.40
4,558.90
2,279.45
54,706.80
4,339.24
2,169.62
52,070.88
4,130.16
2,065.08
49,561.92
3,931.12
1,965.56
47,173.44
4,909.44
2,454.72
58,913.28
4,672.88
2,336.44
56,074.56
4,447.72
2,223.86
53,372.64
4,233.40
2,116.70
50,800.80
4,029.40
2,014.70
48,352.80
5,032.18
2,516.09
60,386.16
4,789.70
2,394.85
57,476.40
4,558.90
2,279.45
54,706.80
4,339.24
2,169.62
52,070.88
4,130.16
2,065.08
49,561.92
5,158.00
2,579.00
61,896.00
4,909.44
2,454.72
58,913.28
4,672.88
2,336.44
56,074.56
4,447.72
2,223.86
53,372.64
4,233.40
2,116.70
50,800.80
5,286.96
2,643.48
63,443.52
5,032.18
2,516.09
60,386.16
4,789.70
2,394.85
57,476.40
4,558.90
2,279.45
54,706.80
4,339.24
2,169.62
52,070.88
5,419.12
2,709.56
65,029.44
5,158.00
2,579.00
61,896.00
4,909.44
2,454.72
58,913.28
4,672.88
2,336.44
56,074.56
4,447.72
2,223.86
53,372.64
SEMI-MO DC . ': - ',. :,73.01' ,-' 7~. 70; , " 78.~2:' :'. 80.59,',' ~ &2.~0 r', . , ,:' '8,4.67:1. ::,: " "';86'. 7~ ~ ,:' ':'"> , 88.95,
MONTH
SEMI-MONTH
ANNUAL
3,476.62
1,738.31
41,719.44
3,650.44
1,825.22
43,805.28
3,741.70
1,870.85
44,900.40
3,835.24
1,917.62
46,022.88
3,931.12
1,965.56
47,173.44
4,029.40
2,014.70
48,352.80
4,130.16
2,065.08
49,561.92
4,233.40
2,116.70
50,800.80
SEMI-MO DC"" r',' '69.~,;J,! ',(" ,:73.91'~,' ~ 74.83.'" .- o'76;7Q t" ". 78.92[, :' '~' 89.59,;^",~""";';,82,.~O f,:~<~: ,84.~7
PUBLIC WORKS AND UTILITIES
ENGINEERING DIVISION
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City Council
Tom Knuckey
May 4,2009
Gorst Sewerage - Council Brief on Project Issues
Background
The project is funded by loans and grants from the Washington State Water Pollution Control
Revolving Fund (SRF) managed by the Department of Ecology. As previously outlined, the
stimulus funding offered for this project requires many processes to be expedited to meet the
deadline of having design complete by September 17, 2009. To meet this deadline, we must
schedule a number of issues for Coundl Action on May 20th without having sufficient
information to prepare complete Agenda Bills at this time. This memorandum is intended to
Brief Council on the various issues that will be presented for action on May 20th, along with the
current status of each.
Agenda Item 1 - PSA with Parametrix for Gorst Sewerage and Wastewater Fund Budget
Adjustment
This agenda item is approval of the consultant contract for design and permitting for the Gorst
Sewerage project, and adjustment of the Wastewater Fund budget to allow the work to
proceed.
A committee comprised of Councilman Gehring, Phil Williams, Lynn Price, and Tom Knuckey
conducted interviews on April 22nd of two firms that were previously shortlisted by Engineering
Staff. The team of Parametrix and HDR Engineering were selected for the design of the Gorst
Sewerage project. A letter contract has been executed, and the consultant has begun the
project design; including survey, coordination with property owners for siting pump stations,
preparing for a public meeting, and a number of other critical and time-sensitive activities. The
consultant has been preparing the Scope of Work, which is expected for staff review early the
week of May 4th.
Page 1 of3
5/13/2009
Agenda Item 2 - Purchase of 0.37 acres in Garst for location of sewer pump station 5B-3
as part of the Garst sewerage project
This agenda item is for purchase of the triangular parcel immediately east of Navy City Metals,
which was most recently occupied by a grocery store. The property is low point in the northern
collection system, and has been considered the likely location for SB3 during both the
Southwest Bremerton project, and during development of the Gorst facility plan. Staff met with
the owner (Mr. Lockhart) and his realtor the week of April 2ih, and negotiated purchase of the
property for $220,000. Parametrix is conducting Phase 1 and 2 environmental investigations
to ensure that there is no contamination of concern, and a market analysis is being conducted
concurrently. The environmental work is being expedited, and results should be available
early the week of May 11th. The Agenda Bill for this property acquisition is currently being
developed; however, it may not be complete prior to the Council Committee meeting on May
13th, as the purchase and sale agreement is currently in-process.
Agenda Item 3 - Property purchase for sewer pump station 5B-4 as part of the Garst
sewerage project
This agenda item is for purchase of a 32-ft x 50-ft portion of property behind the mini strip mall
(which includes the gas station) in Gorst owned by Mr. Simon Lee. During detailed site review
of the southern collection system, this location was identified as the ideal location to site pump
station SB-4. The service station owned by Mr. Lee currently has a non-conforming septic
system, and therefore he had intended to construct a private pump station on his property. At
this time it appears that we will make speedy progress toward no-cost acquisition of a portion
of this property to site the pump station. Phase 1 and 2 environmental assessments are being
conducted on this propert~ this week, similar to the SB-3 site. Results should be available
early the week of May 11t . The Agenda Bill for this property acquisition is currently being
developed; however, it may not be complete prior to the Council Committee meeting on May
13th, since the acquisition terms and conditions are still being developed.
Alternative locations to site SB-4 are also being discussed with adjacent property owners
should these negotiations not conclude quickly.
Agenda Item 4 - Garst Financing
Ecology's Draft Offer List includes the following:
Gorst Seweraqe Application
. Recovery Act Funding, Forgivable Principal
. Recovery Act Funding, Standard Loan
. Revolving Fund Loan
Loan Rate of 1.4%, Amortized at 20-years
$3,620,213
$520,987
$568,350
Gorst Septic.Svstem Replacement Application
. Recovery Act Funding, Forgivable Principal
. Recovery Act Funding, Standard Loan
. Revolving Fund Loan
$1,283,000
$0
$110,000
Page 2 of3
5/13/2009
Loan Rate of 2.9%, Amortized at 20-years
In a discussion on May 5th with Tammie McClure (Ecology loan representative,) Ecology is still
determining how they intend to package the loan offers (a single or multiple loans), and also
developing the loan terms and conditions and a standard loan agreement boilerplate. At this
time, we have been told that our request for "Prior Authorization" has been approved, which
makes all costs incurred after April 20, 2009 eligible under the grants and loans.
Tammie indicated that we may receive first drafts of the loan agreements as early as the week
of May 11th, and so we're proceeding on that basis. We intend to develop Agenda BiII(s} to
package the grant and loan agreements for Council Action and have those to Council prior to
the Committee Meeting on 5/13/09. The completeness of the Agenda Bills will largely depend
on the efficiency of Ecology in making critical decisions on implementation of the ARRA funds,
and their ability to quickly develop the boilerplate grant and loan agreements.
Page 3 of3
5/13/2009
BRADLEY
SCOTTk~
COMt.4ERCIAI,. REAL ESTATE
May 2009
Market Vallie Opinion
Former Grocery Site in Garst
The purpose of this report is to provide my opinion of current market value for the property
located at 3791 State Highway #3 in Gorst. Kitsap County tax account parcels for this site are
322401-1-078-2004 and 322401-1-077-2005. this is .a high traffic, high visjbility location,
which fronts onto the northerly side of State Highway #3", as Well as the southerly side of the
Belfair Valley Road. The west side of the property is defined by a public access 'road previously
connecting onto west bound traffic of Highway #3. Total site size is 16,118 square feet or .37 of
an' acre per Assessor records. Zoning is Highway Tourist Commercial (HTC) within
unincorporated Kits,ap County. Topography is level and at-grade. with adjacent streets. Site has
irregWar configUration in elongated triangular shape. The site is generally fully illlProved with
paving or builrlingexcept for the westerly portion where Kitsap County recently repaired a failed
storm drain which runs across that portion of the property. :State Highway #3 has a concrete
divider jersey parrier down the middle which restricts access to/from east bound traffic and the
subjec.t property. 2007 traffic co~nts from Washington State Department of Transportation
suggest ahliual daily traffic past the subjectptoperty on Highway #3 is approXimately 71,000
vehicles per day. The size and irregular configuration of the site allow for limited parking to
support existing improvements. The property has of Sinclair Inlet and the meuth of Gorst Creek.
This report was done without benefit of an Environmental Site Assessment. Navy City Metals,
located itnmediately we,st of the subject property, is previously known to have significant soil
contamination resulting from their long-term metals recycling operation.
The existing single story wooden building was originally constnIcted in 1947 per Assessor
record$~ Total building size is, approximately 4,431 square feet. Foundation is understood to be a
concrete perimeter footing with concrete footings/piers beneath, interior metal.posts which support
the roof. Roof is partialiy built-up hot mop and partially sloped 3-tab, roof. The building has
been modified and expandedthru the. years. Overall condition of the building is very poor. A
local storm system was overwhelmed a few years back resulting in the building being flooded.
The prior cooler system ha~ been removed. Th~ roof shows signs of leaking. The south wall is
buckled from vehicles bumping the wall while attempting to par.k. An updated electric~l panel
was recently installed in the building. The building has two individual restrooms hear-the west
end of'the buiiding: The building is currently vacant. It is my understanding the building was
cond~mned by the County following the flood incident A .f~w noted po~ential environmental
concerns within th~ building include possibility of mold and possibility of asbestos in the
remaining floor tiles. I am not aware of any lease or rental coIhinitments Which encumber the
property. A title report was not provided as part of this report.
A &ewer line runs along Belfair Valley Road a!1j¢ to the property. The property ,has
historically used a septic a.nd drain field systeIIl which is reportedly located on the west side of the
bUllCiirig." . ,
400 WARREN AVENUE · SUITE 450 .. BRkMtRTON, W ASHlNctON 98337-1479 · (J60) 479.-6900 · FAx: (360)' 479"549.9 · (800) 479~6903
Established 19.79
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The real estate market has undergone a correction over the past couple years. The amount of
interested buyer traffic and voluri,Ie of closed commercial s~les have faUeIl df~matic<:llly during
this time, As a result commercia] values are estimated to 1;>e down 15 to 20%. With this is
mind, ttuly compar~ble sa,lesate very limited for properties which are similar in nature and
located near. the subject property.
A few sales in'the greater Gorst area include:
1. 4201 Highway #3 - intersection of Highway 3 and Frone Drive. Occl,lpied by Real Estate
2000 Corporation. 13,500 square feet site. Zoned lITe. 4,360 square foot retail building
constructed in 1976. Sold in April 2008 at $480;000.
2. 3900 Sam Christopherson Avenue - near intersection with Highway #3. 29,200 -square foot
site. Zoned HTG. 1,838 square foot resigenWd builging con$tructed in 1960. Sold March
2006 at $25Q,000.
3. 3282 State ffighway 16. - next to Mattress Randi. 37,897 square foot site. Non Highway
frontage. Fronts onto Sinclair Inlet. Zoned HTC. Two older commercial buildings of 800
square feet and 430 square feet. Sold in September 2006 at $200,000.
The subject property provides excellent traffic count exposure and visibility from Highway #3.
lrregular configuration limits usability of the entire site. ExiSting building is in poor condition.
Extensive repairs and renovation would be requited to salvage value from the building. Value
in this property is primarily within the land. It is appropriate to compare this site with other
high traffic retail oriented locations in Kitsap County. The good exposure of this site suggest.s
value in a range of $10 to $ I 2 per square foot of land area. Value of the land cali be calcuiated
in a rallge of$J61,000 to $193,000. The building would require a more detailed review with
building corttr.attOrartd strUctural engineer to deternrihe what may truly be salvageable. It
would appear to me the best case scenario would be roughly '$10 per square foot of salvageable
value for the 4A31 square fopt buildjng. This results in a building value of around $40,000; If
the building were deemed salvageable, then total property value would range. from $201,000 to
$233,000; If the, building is not salva,geable, then a demolition cost would need to be deducted
from.the remaining land value. Demolition, removal and disposal of the existing building and
improvements might be. estimated at $8 per square foot of building, or $35,000. This would
equate to a bare hmd value of $126,000 to $158,000.
It is my opiriionJair market value for the subjectp~operty is likely $200,000.
This'report was prepared IJY Victor C. DIsh, CCIM
of Bradley Scott Commercial Real Estate
This Market Value Opinion is not an appraisal as defined in RCW 18.140. This report ha~ b~en
prepared by 'a:real estate licensee who is licensed under RCW 18.85 and not certified or state licensed
as a real estate 'appraisertinQer RCW 18.140. All figures herem are'preseIited as estimates. The
infol111atlQn a~ove was gathered from Source~ beli~ved to be reliable,. however: its accuracy IS nbt
guaranteed, Any prospective buyer or seller is encouraged to independently verify this information.
DATE SUBMITTED: May 20, 2009
BILL #
09 - (d-3
5tJ
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.................................................~......................................
SUBJECT: Real Estate Purchase and Sale
Agreement with Pat Lockhart for 0.37 acres in
Gorst for location of Sewer Pump Station SB-3
as part of the "Gorst Sewerage" Project.
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: PW&U, Engineering
Presenter: Tom Knuckey / Phil
Williams
Phone: 473-2376/473-5315
SUMMARY: The Gorst Sewerage Project will construct two collection systems in the Gorst Urban
Growth Area; one north and one south of Gorst Creek. The northern collection system will terminate
in the vicinity of a 0.37 acre property that has been offered for sale. The property is an ideal location
for a pump station. The requested action before Council is approval of the purchase of 0.37 acres
(Tax Account No. 322401-1-078-2004 and 322401-1-077-2005) from Mr. Pat Lockhart in the amount
of $220,000.
ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; 3. Property Market Analysis 4.
Real Estate Purchase and Sale Agreement.
FISCAL IMPACTS (Include Budgeted Amount): The 2009 Wastewater Fund Capital Budget is
$6,150,000. Planned capital projects will be deferred to fund this property purchase.
APPROV ALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
~~
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~.-J4
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to approve the Real Estate Purchase and Sale Agreement with Pat Lockhart for 0.37 Acres (Tax
Account No. 322401-1-078-2004 and 322401-1-077-2005) in the amount of$220,000 (plus closing
costs) and authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented and to finalize and execute any and all documents necessary to
close the transaction.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
~
COUNCIL SUMMARY
PROPERTY PURCHASE FOR PUMP Sl A liON S8-3
Contract Summary
The Gorst Sewerage project will construct two separate collection systems that
pump into the SW Bremerton Forcemain; one system will be located north of
Gorst Creek, and the other South of Gorst Creek. The northern system will be
configured to flow to the low point which is near a 0.37 Ac parcel (Tax Account
No. 322401-1-078-2004 and 322401-1-077-2005) owned by Mr. Pat Lockhart.
Staff negotiated the purchase of this property far $220,000, and had the attached
Market Analysis conducted to validate the purchase price. In addition, staff
contracted for Phase 1 (document review) and Phase 2 (soil and groundwater
sampling and testing) environmental reviews of the property to ensure that no
unacceptable level of contamination exists. The Phase 2 data indicates there is
no significant contamin"ation at the site - the Phase 1 review is still pending.
Staff recommend purchase of the Lockhart property to site new pump station
SB3 since it is in the ideal location, the property is available, the price is
reasonable, and there appear to be no environmental issues at the site.
Fiscal Summary
The 2009 Wastewater Fund budget includes $100,000 for "Garst and West
Brenierton UGA Sewerage - Pre-design." When the budget was prepared, the
principal activity anticipated for 2009 included developing a Facility Plan to sewer
the Gorst UGA, and to begin evaluating grant opportunities to fund
implementation. Given the opportunity to pursue stimulus funding for this project,
staff submitted two applications to the Department of Ecology. The "Gorst
Sewerage Project" application ranked second, and the "Gorst Septic System
Abandonment Project" application ranked sixth out of the 195 applications
submitted state-wide.
Property purchases are not eligible for funding by the grants or loans offered for
the project. Purchase of this property is necessary for the project to move
forward. A separate Agenda Bill has been prepared which requests an
adjustment of the Wastewater Fund budget to fund the Garst Sewerage project.
In addition, staff will defer planned capital expenditures to ensure 2009
Wastewater Fund expenditures do not exceed the authorized budget.
t <t51,., J \.-'1 ,,;.
Thomas Knuckey
From: Uly Vagelatos fLVagelatos@parametriX.comj
Sent: Wednesday, May 13. 2009 9:21 AM
To: Lynn Price: Thomas Knuckey: Gunnar Fridriksson: Pilil Williams
Cc: Jan Resholl: David L Dinkuhn; Brandon Sail
Subject: Lockhart Property Sample Resulls
Attachments: 0905-037 pdf
Good Morning Gentlemen!
Attached are the sample results for HIe Lockhan Property. We are finishing up the formal Phase I, but w"nted
to get these to you asap. While there were somE' PAH and metals detected. none of the sample results exceed
the MTCA Method A cleanup level. We collected a total of 6 'iamples from two posh probes;
. Boring SB01 was located near the east cornEr of thf, building.
c. LHP-SB01-00S h Soil sample, was collected from 6 inches below ground su'face (bgsJ.. just under
the asphalt.
c LHP-SBOI-07S -- Soil sample, was collected a17.S feet bgs flom the water table smear zone.
.~ LHP-SB01.120 -. Water silmple. was collected at 12 teet bgs (screen was placed from 11 teet to 14
feet).
. BDring SB02 was located on the southwest corner of th" propert\', across the street from the Navy City
Metals
(: lHp.SB02-00S -- Soil sample. was collected from 6 inches below ground surface (bgs), just under
the asphalt.
(;. lPH-SB02-080 -- Soil sample, was collected at 8 feet bgs from the water table smear lODe
(. lHP-SBOl-120 n Water sampl!'. was collected at 12 feN bgs (screen was placed from 11 feN to 14
feet).
The soils in SB01100kecl relatively clean, and had no detectable petroleum odor. 5802 was placed In the area we
believed would have the highest risk of contcmination. The soils in that boril:g did hove some staining and odor.
and samples were collected from the depths that had the greatest odor. Based on the sample JOC<3tions and the
attached results. it appears that there is no significant contamination H the site.
if you havE, am questions, please feel free to call David or myself
Have ~ good day!
lily
P1il1~~_i~~ 40th Anniversary, '969-2009
~~-~~-~4."4Je-u
Lily L. Vagelatos
Engineel
phone: 360.850.5333
fax: 360.479.596 t
Ivagelalos@parametri~ corn
5/1611009
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c:OM"'J:R~I~ 6EA~ ESTATE
May 2009
Market Value Opinion
Former Grocery Site in Gorst
The pu.rpose of this report is to provide my opinion of current market value for the property
located at 3791 State Highway #3 in Gorst. Kitsap County tax account parcels for this site are
322401-1-078-2004 and 322401-1-077-2005. This is a high traffic, high visibility location
which fronts onto the northerly side of State Highway #3, as well as the southerly side of the
Belfair Valley Road. The west side of the property is defined by a public access road previously
connecting onto west bound traffic of Highway #3. Total site size is 16,118 square feet or .37 of
an acre per Assessor records. Zoning is Highway Tourist Commercial (HTC) within
unincorporated Kitsap County. Topography is level and at-grade with aqjacent streets. Site has
irregular configuration in elongated triangular shape. The site is generally fully improved with
paving or building except for the westerly portion where Kitsap County recently repaired a failed
storm drain which runs across that portion of the property. State Highway #3 has a concrete
divider jersey barrier down the middle which restricts access to/from east bound traffic and the
subjec.t property. 2007 traffic counts from Washington State Department of Transportation
suggest annual daily traffic past the subjectptoperty on Highway #3 is approximately 71,000
vehicles per day. The size and irregular configuration of the site allow for limited parking to
suppon existing iIl1provements. The property has of Sinclair Inlet and the mouth of Gorst Creek.
This report was done without benefit of an Environmental Site Assessment. Navy City Metals,
10cate4 immediately west of the subject property, is previously known to have significant soil
contamination resulting ftom their long. term metals recycling operation.
The existing single s-tory wooden building was originally constructed in 1947 per Assessor
records. Total building size is. approximately 4,431 square feet. Foundation is understood to bea
concrete perimeter footing with concrete footings/piers beneath interior metal posts which support
the roof. Roof is partially built-up hot mop and partially sloped 3-tab roof. The building has
been modified and expandedthru the years. Overall condition of the building is very poor. A
lQ(~al ~torm system was overwhelmed a few years back resulting in the building being flooded.
The prior cooler system has been removed. The roof shows signs of leaking. The south wall is
buckled from vehicles bumping the wall while attempting to park. An updated electrical panel
was recently installed in the building. The building has two individual restrooms near the west
end of the building. The building ,is currently vacant. It is my understanding the building was
co:pilemned by the County following the flood incident. A few noted potential environmental
concerns within the building indude possibility of mold and possibility of asbestos in the
remaining floor tiles. I am not aware of any lease or rental commitments which encumber the
property. A title report was not provided as .part of this report.
A sewer line runs along Belfair Valley Road adjllcent to the property. The property has
historically used a &eptic and drain field system which is reportedly located on the west side of the
bmldiIlg.
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The real estate market has undergone a correction over the past couple years. The amount of
illterested buyer traffic and volume of closed cOltlIllerci~1 sales have fallen dramatically during
this time. As a result commercial values are estimated to be down 15 to 20%. With this is
mind, truly comparable sales are very limited for properties which are similar in nature and
located near the subject property.
A few sales in the greater Gorst area include:
1. 4201 Highway #3 - intersection of Highway 3 and Frone Drive. Occupied by Real Estate
2000 Corporation. 13,500 square feet site. Zoned HTC. 4,360 square foot retail building
constructed in 1976. Sold i:h. April 2008 at $480,000.
2. 3900 Sam Christopherson Avenue - near intersection with Highway #3. 29,200 square foot
site. Zoned HTC. 1,838 square foot residential building constructed in 1960. Sold March
2006 at $250~000.
3. 3282 State Highway 16 - next to Mattress Ranch. 37,897 square foot site. Non Highway
frontage. Fronts onto Sinclair Irtlet. Zoned HTC. Two older commercial buildings of 800
square feet and 430 square feet. Sold in September 2006 at $200,000.
The subject property provides excellent traffic count exposure and visibility from Highway #3.
Irregmar configuration limits usability of the entire site. Existing building is in poor condition.
Extensive repairs and renovation woWd be required to salvage v.alue from the building. Value
in this property is primarily within the land. It is appropriate to compare this site with other
high traffic retail oriented locations in Kitsap County. The geod exposure of this site suggests
value in a range of$10 to $12 per square foot of land area. Value of the land can be calculated
in a range of$.161.000 to $193,000. The building would require a more detailed review with
building Contractor and structural engineer to determine what may truly be salvageable. It
wouta appear.to me the best case scenario would be roughly $10 per square foot of salvageable
value fer the 4,431 sq~are fopt building. This results in a building value of around $40.000. If
the building .were deemed salvageable, then total property value would range from $201,000 to
$233,000. If the bqilding is not salvageable, then a demolition cost would need to be deducted
from the remaining land value. Demolition, removal and disposal of the existing building and
improvements might be estimated at $8 per square foot of building or $35,000. This would
equate ,to a bare land value of $126,000 to $158,000. .
It is myopiriion~fair market value for the subject property is likely $200,000.
This'report was prepared by Victor C. DIsh. CCIM
of Bradley Scott Commercial'Real Estate
This Market Value Opinion is not an appraisal as defined in RCW 18.140. This report has been
prepared bya:real estate licensee whois licensed under RCW 18.85 and not certified or state licensed
asa real.estate appraiser under RCW 18.140. All figures herein are presented as estimates. The
information C\bpve was gathered from sources believed to be reli<l.ble, however its accuracy is not
guaranteed. Any prospective buyer or sener is encouraged to independently verify this information.
REAL EST ATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This agreement controls the terms of the sale of real property.
(Please read carefully before sh!:nin2.)
This Agreement is entered between the CITY OFBREMERTON, a Washington municipal
corporation ("Buyer"), and Patrick M. Lockhart and Cheryl A. Lockhart, husband and wife-C'Seller"),
for the sale and purchase of real property as follows:
1. PROPERTY. The property, including all improvements and appurtenances situated
thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at
3791 State Highway 3 West, Bremerton, Washington (the "Property"), and which Property is legally
described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating
the location of the Property is also attached as Exhibit B, incorporated herein by this reference.
2. EARNEST MONEY. Received from Buyer, One Thousand and Noll 00 Dollars
($1,000.00) in the form of a City of Bremerton Purchase Order, as earnest money and part payment
on the purchase price for the Property.
3. PURCHASE PRICE. The total purchase price for the Property is Two Hundred
Twenty Thousand and Noll 00 Dollars ($220,000), including earnest money, payable on closing.
4 CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City Council.
(b) Buyers review and approval of the title report on the property prior to
Closing.
( c) Buyer's review and approval of Seller's information contained in the Real
Property Transfer Disclosure Statement as set forth in Exhibit C.
(d) A Feasibility Study as follows:
(1) Buyer shall have the opportunity to conduct a feasibility study to
determine if, in Buyer's sole and absolute discretion, the Property is
feasible for investment and/or development by Buyer.
(2) Buyer's feasibility study may include (but is not limited to) a Phase I
and/or Phase II environmental assessment, utilities availability and
capacity, access availability, zoning, preliminary architectural and
engineering studies, marketing feasibility.
(3) A Phase I environmental assessment generally will consist of a
review of title of ownership and land use, review of geologic and
hydrologic maps of the area, review offederal and state databases for
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 1 of7
Feb 05
known hazardous water generators or contaminated sites and a site
visit. If the Phase I review reveals the potential of a contaminated
site, a Phase II environmental assessment may be conducted which
generally will consist of on-site sampling, including the digging or
boring of test holes for soil samples. By executing this agreement,
Seller hereby authorizes Buyer a right of entry on to the propertyfor
the purpose of conducting this feasibility study including a Phase L
and if necessary, a Phase II environmental assessment. Seller will be
notified if a Phase II environmental assessment is to be conducted.
(4) Buyer agrees to conduct its feasibility study at its sole cost and
expense; and if Buyer does not remove the feasibility contingency on
or before the expiration of the feasibility period, then Buyer also
agrees, if requested by Seller, to deliver to Seller copies of all
information and documentation obtained by Buyer in connection
with its feasibility study.
(5) For anyon-site activity performed by Buyer during the feasibility
study, Buyer agrees to return the Property to its original state (i.e., fill
all boring holes, etc.).
Should any of these contingencies not be met within 10 days from the date of mutual
acceptance of this Agreement, then this Agreement shall terminate except neither Buyer nor Seller
shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in
escrow shall be immediately returned to Buyer.
5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property
shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all
liens, encumbrances or defects except those described in Paragraph 6 below.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared
equally between Buyer and Seller, except those fees which are expressly limited by Federal
Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents,
interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any,
. REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 2 of7
Feb 05
shall be pro-rated as of date of closing unless otherwise agreed.
8. CLOSING OF THE SALE. With the understanding that time is of the essencefor
this agreement, this sale shall be closed by July 1. 2009 which shall also be the termination date of
this agreement unless said closing date is extended in writing by mutual agreement of the parties.
When notified, the Buyer and Seller will deposit, without delay, in escrow with , all
instruments and monies required to complete the transaction in accordance with this agreement.
Closing, for the purpose ofthis agreement, is defined as the date that all documents are executed and
the sale proceeds are available for disbursement to the Seller.
9. CASUAL TY LOSS. If prior to closing, improvements on said premises shall be
destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer,
shall become null and void.
10. POSSESSION. Buyer shall be entitled to possession on closing.
11. SELLER'S REPRESENTATIONS. Seller represents that:
(a) Seller will maintain the property in present or better condition until time of
agreed possession,
(b) Seller has no knowledge or notice from any governmental agency of any
violation of laws relating to the subject property except:
( c) the property is not encumbered by any leases.
12. SELLER'S ENVIRONMENTAL REPRESENT A TIONS. Seller represents that
to the best of his /her knowledge that he/she is not aware of existence of, or has caused or allowed to
be caused, any environment condition (including, without limitation, a spill, discharge or
contamination) that existed as of and/or prior to the closing date or any act of omission occurring
prior to the closing date, the result of which may require remedial action pursuant to any federal,
state or local law or may be the basis for the assertion of any third party claims, including claims of
governmental entities except:
This provision shall survive the closing and be in addition to Seller's obligation for
breach of a representation or warranty as may be set forth herein.
13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the
Buyer, against and in respect of, any and all damages, claims, losses, liabilities, judgments, demands,
fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable
legal, accounting, consulting, engineering and other expenses which may be imposed upon or
incurred by Buyer, or asserted against Buyer, by any other party or parties (including, without
limitation, a governmental entity), arising out of or in connection with any environmental condition
existing as of and/or prior to the closing date, including the exposure of any person to any such
environmental condition, regardless of whether such environmental condition or exposure resulted
. REAL EST ATE PURCHASE AND SALE AGREEMENT
Page 3 of7
Feb 05
from activities of Seller or Seller's predecessors in interest.
This indemnity shall survive the closing and be in addition to Seller's obligation for
breach of a representation or warranty as may be set forth herein.
14. DEFAULT AND ATTORNEY'S FEES.
(a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be
limited to damages against Buyer in the liquidated amount of the earnest money previously paid the
Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other
costs and expenses to either party in connection with potential litigation on account of Buyers'
default. Buyer and Seller believe said amount to be a fair estimate of actual damages.
(b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights
and remedies available at law or in equity.
(c) I Attorney's Fees and Costs. In the event oflitigation to enforce any of the
terms or provisions herein, each party shall pay all its own costs and attorney's fees.
15. NOTICE TO SELLER. This form contains provisions for an agreement for the
purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this
form, or any of its provisions, is intended to meet the factual and legal requirements of a particular
transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the
agreement. This agreement has significant legal and financial consequences. By signing this
agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney
regarding Sellers rights and obligations in this agreement.
16. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold
harmless Buyer with respect to any claim by any person or entity claiming through Seller to be
entitled to a commission with respect to the transaction contemplated by this agreement.
17. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not
be deemed merged into the deed, and shall survive the Closing and continue in full force and effect.
18. NOTICES. All notices required or permitted to be given hereunder shall be in
writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission
addressed as set forth below:
(a) All notices to be given to Buyer shall be addressed as follows:
Mayor
City of Bremerton
345 6th Street, Suite 600
Bremerton, Washington 98337-1873
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 4 of7
Feb 05
(b) All notices to be given to Seller shall be addressed as follows:
Gary Anderson
P.O. Box 635
Port Orchard, W A 98366
Either party hereto may, by written notice to the other, designate such other address
for the giving of notices as being necessary. All notices shall be deemed given on the day such
notice is personally served, or on the date of the facsimile transmission, or on the third day following
the day such notice is mailed in accordance with this paragraph.
19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits,
constitutes the full understanding between seller and buyer. There have been no verbal or other
agreements that modify this agreement.
20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon
parties hereto and their respective heirs, successors and assigns; and the terms, conditions and
provisions ofthis Agreement shall survive the closing of this transaction.
21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
date of mutual acceptance of this Agreement shall be the last date on which the parties to this
Agreement have executed this Agreement as indicated below.
22. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on
, to accept the purchase and sale agreement as written, by delivering a
signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy
within said period, this agreement shall lapse and all right of the parties hereunder shall terminate.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set
forth below.
BUYER:
SELLER:
THE CITY OF BREMERTON
PATRICKM. LOCKHART
By:
Cary Bozeman, Mayor
Dated: Dated:
REAL ESTATE PURCHASE AND SALE AGREEMENT Feb 05
Page 5 of7
APPROVED AS TO FORM:
By:
Roger A. Lubovich, City Attorney
R: \Legal\Legal\Contracts\PUBLIC WORKS\RESP A- Lockhart.doc
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 6 of7
CHERYL A. LOCKHART
Dated:
Feb 05
EXHIBIT A
Kitsap County Account No. 322401-1-078-2004
Tax Property Description
32241E
THAT PORTION OF GOVERNMENT LOT 1, SECTION 32, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KIT SAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: BEGINNING AT A POINT WHICH IS NORTH 88*34'50" WEST 519.25 FEET
AND SOUTH 3*07'04" WEST 521.23 FEET FROM THE NORTHEAST CORNER OF SAID
GOVERNMENT LOT 1, SAID POINT BEING ON THE SOUTH MARGIN OF THE NA VY
YARD HIGHWAY; THENCE SOUTH 3*07'04" WEST 103.99 FEET TO A POINT ON THE
EASTERLY MARGIN OF SAID GOVERNMENT LOT 1, THENCE SOUTH 59*40' WEST
115.50 FEET; THENCE SOUTH 77*00' WEST 163 FEET; THENCE NORTH 60*20'04"
WEST 82.23 FEET TO THE EAST MARGIN OF PORT ORCHARD-BREMERTON
HIGHWAY; THENCE NORTH 29*19'45" EAST 91.50 FEET ALONG THE EAST MARGIN
OF SAID HIGHWAY TO THE SOUTH MARGIN OF NAVY YARD HIGHWAY; THENCE
NORTH 76*45'30" EAST 201 FEET ALONG THE SOUTH MARGIN OF SA
REAL ESTATE PURCHASE AND SALE AGREEMENT
Page 7 of7
Feb 05
01-
fd.-0
DATE SUBMITTED: May 20, 2009
BILL #
AGENDA BILL
CITY OF BREMERTON 5 P
CITY COUNCIL ,
........................................................................................
SUBJECT: Resolution # 30 e t3
authorizing the City to receive State
Revolving Fund Loan(s) for the Gorst
Sewerage and Gorst Septic System
Replacement Projects.
Committee Meeting Date: May 13, 2009
COUNCIL MEETING Date: May 20, 2009
Department: PW&U, Engineering
Presenter: Tom Knuckey / Phil
Williams
Phone: 473-2376/473-5315
SUMMARY: The City has been offered $6,102,550 in "forgivable principal loans" (grants) and
loans to design, permit and construct a sewer collection system, and to replace existing septic systems
within the Gorst Urban Growth Area. These loans require a Resolution approving the funding. Loan
agreements have not yet been received; however, the funding includes aggressive time constraints
which have required the City to expedite consultant selection and begin design. The requested action
before the City Council is approval of Resolution No. 303 e . authorizing the City to receive
SRF Loan(s) for the Gorst Sewerage and Gorst Septic System Replacement Project, and authorization
for the Mayor to finalize and execute the loan agreement(s.)
ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; 3. Resolution #3o~ g ,
4. Standard SRF Loan Agreement.
FISCAL IMP ACTS (Include Budgeted Amount): These funds are necessary for the Gorst
Sewerage, an~ the GorstSeptic System Replacement Projects to be designed anqconstructeq.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
~,
COMMITTEE CHAIR
COUNCIL PRESIDENT:
tlIr ak ~
~~
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION- a l6
Move to approve Resolution # :30 U authorizing the City of Bremerton to receive the ,
Washington State Department of Ecology SRF Loan(s) for the Gorst Sewerage and the Gorst Septic
System Replacement Project, and authorize the Mayor to finalize and execute loan agreement(s) with
substantially the same terms and conditions as the attached SRF loan agreement.
COUNCIL ACTION: 0 Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
STATE REVOLVING FUND LOAN AGREEMENT(S) BETWEEN THE
DEPARTMENT OF ECOLOGY AND CITY OF BREMERTON
Contract Summary
A portion of the funding from the American Recovery and Reinvestment Act of
2009 was made available for distribution through the Washington State Water
Pollution Control Revolving Fund Program (SRF.) Distribution of this funding
was made available through a competitive process - a total of 195 applications
were submitted by Washington State Municipalities; the City's two application for
sewering Gorst ranked second and sixth. The funding offered is necessary for
the Gorst Sewerage project to proceed.
The funding offered for this project has very specific and aggressive schedule
constraints. Project design must be completed by September 17, 2009, and all
work must be under contract by November 1, 2009.
Staff have not received draft or final loan agreements, as Ecology is currently
finalizing these documents. Staff was advised that the loan language will be
nearly identical to the standard SRF language which the City has accepted in the
past. The notable exceptions to this are that the new loans will require certain
"buy American" requirements, along with requirements to follow federal prevailing
wage laws. Other requirements may additionally be required.
Fiscal Summary
The funding offered through the SRF program as identified in the Ecology "Draft
Offer List" is as follows:
Project Loan Source Interest Rate (1) Amount Approx
and Term Annual
Debt Svc
Gorst Seweraqe Recovery Act Forqivable Principal $3,620,213 N/A
Recovery Act 1.4%, 20-vr $520,987 $29,880
SRF 1.4%, 20-yr $568,350 $32,598
Septic System Aban. Recovery Act Forqivable Principal $1,283,000 N/A
SRF 2.9%,20-vr $110,000 $7,255
TOTAL $6,102,550 $69,733
Note: Since Ecology is using their existing loan process, Grants are
being offered as "Forgivable Principal" loans.
The funding offered will cover 100% of the project costs, with the exception of
property acquisition. Project tasks that are only loan eligible include design and
collection system construction specifically to benefit non-existing residential
May 18, 2009
SRF Loan for Gorst
Page 10f2
properties. The applications estimated the design cost for Gorst Sewerage at
$450,000, and the design cost for Garst Septic System Abandonment at
$110,000. The loan offer for Gorst Sewerage was calculated and identified by
the Department of Ecology during their evaluation of the application.
At this time, Ecology has not determined the number of loan agreements they will
offer to the City. While the total offer amount and interest rates are understood,
they indicated a desire to blend the offered funds into either one or two loan
agreements with resulting blended interest rates.
May 18, 2009
SRF Loan for Gorst
Page 2 of 2
RESOLUTION NO.
30Be
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving State Revolving Fund Loan(s)
(SRF) for Design and Construction of the Gorst Sewerage Project,
and the Gorst Septic System Replacement Project.
WHEREAS, the Department of Ecology, a Washington State Agency, has
established a State Revolving Fund (SRF) for providing financial assistance for municipal work;
and
WHEREAS, the SRF loans are available for a portion of the cost of Design and
Construction of a sewer collection system in the Gorst Urban Growth Area; and
WHEREAS, the City of Bremerton desires to participate in the loan(s) from said
SRF, and
WHEREAS, a requirement to participate requires a resolution of the governing
body authorizing the City of Bremerton to receive said SRF loans; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Bremerton desires to participate in the SRF Loan
Program.
SECTION 2. The City Council of the City of Bremerton does hereby authorize
the City of Bremerton to receive an SRF Loan and to take such other actions as are necessary and
relevant to the SRF Loan Program.
SECTION 3. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
of
PASSED by the City Council of the City of Bremerton, Washington this
,2009.
day
CECIL MCCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
SRF - Gorst Sewerage and Gorst Septic System Replacement
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
SRF - Gorst Sewerage and Gorst Septic System Replacement
~ ~~~~t~,~J~W:~[~
DEPARTMENT OF
ECOLOGY
State of Washington
CENTENNIAL CLEAN WATER PROGRAM
AND
WASHINGTON STATE REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
Table of Contents
Page
PART I. GENERAL INFORMATION. ........... ............ ...... ................ .... ............ .... ...... ........ ............ ...... ............. .... 3
PART II. PROJECT SUMMARY. ... ... ....... ........ .... ....... ............... .............. ........................... ..... ......... ............... ..... 6
PART III. PROJECT BUDGET. ....... ....... ................ ........... ........... ............ ........... ................ ........................ ..........6
PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT .......................................................6
PART V. SCOPE OF WORK.............. ........... .......... ................................... .................. .................... .....................7
PART V(A). SPECIAL TERMS AND CONDITIONS .......................................................................................... 8
P ART VI. LOAN INTERES T RATE AND TERMS............................................................................................ 8
PART VII. ALL AGREEMENTS CONTAINED HEREIN .................................................................................. 9
ATTACHMENT 1: OPINION OF RECIPIENT's LEGAL COUNSEL............................................................................... 1
ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION ................................................................................1
ATTACHMENT 3: PREA WARD COMPLIANCE REVIEW REpORT FOR ALL ApPLICANTS REQUESTING
FEDERAL ASSISTANCE.... ... ....... ... ....... ....... ..... ............ ..... ............................. .............. ...... .... ...... ... .... ........ ..... ..........1
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS FOR THE WASHINGTON STATE
WATER POLLUTION CONTROL REVOLVING FUND ....... ........ ................ ...... ......... ......... ....... ......... ......... ...... .............. 1
ACCOUNTING STANDARDS................................................................................................................1
ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE............ ............ ............. ................................ ..... ....1
ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES ..................................................................1
AUTHORITY. ........ ... ..... ... ...... ... ......................... ..... ... ................. ......... ......... ......... ........... ...... ... ..... ...1
Page 1
CERTIFICATIONS ........ ........ ....... ........... ........ ......... .......... ..... ................ .................. ........... ...... ......... 1
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, AND OTHER RESPONSIBILITY MATTERS
(FOR FEDERALLY FUNDED PROJECTS) ....... ..................................... ........ ............... ...... ..... ................. 2
COMMENCEMENT OF WORK.... ..................... ................................... ............... .................................. 2
COVENANTS AND AGREEMENTS....... .... ...... ...... ..... ....... .... .... ............. ....... ....... ... .... ........... ... ......... ... 2
FACILITIES PROJECTS: PLANNING (IF APPLICABLE) ......................................................................... 4
FACILITIES PROJECTS: PLANS AND SPECIFICATIONS FOR FACILITIES PROJECTS (IF APPLICABLE) ... 4
FACILITIES PROJECTS: CONSTRUCTION MANAGEMENT.... .......................... ........ ............. ........ ......... 5
GROWTH MANAGEMENT PLANNING............ ...................... ................................ ...... ............... ......... 6
INCREASED OVERSIGHT..... ................... ...... ............. ...... .............................. .......... ...... ..... ............... 6
LOAN REPAYMENT ........................................................................................................................... 6
LOCAL LOAN FUND PROJECTS..................... .................... ................ ........... ............. ..... .......... ......... 8
MINORITY AND WOMEN'S BUSINESS PARTICIPATION......................Error! Bookmark not defined.
MODIFICATIONS TO AGREEMENT............... ......................... ................................. ............. ............... 9
PAYMENT REQUEST SUBMITTALS .......................... .......... ............... ........... .................................... 10
POST PROJECT ASSESSMENT SURVEy........... ........ ...................... ................. ......... ....... ........ ....... 10
PREVAILING WAGE ........................................................................................................................ 11
PROCUREMENT ...... .......... ..... ...... ...... ... ....... ............ .......... ..... ....... ... .... .... ... ... .... .......... ... ... ...... ....... 11
PUBLIC AWARENESS............................. ....... ..... ............................................. ................. ............... 11
REpORTS; DOCUMENTS ......................... ...... ................. .......................... ............ ...... ...................... 11
REPRESENTATIONS AND WARRANTIES. ...... ........... ... ................. ............. ... ...... ... ...... ....... .... ..... ...... 12
SEWER-USER FEE ORDINANCES AND USER-CHARGE SYSTEM ....................................................... 13
SIGNAGE .................. ................................................................................ .............. ..... ...... ............. 13
SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS) ..................................... 13
TERMINATION AND DEFAULT; REMEDIES.... .......... ........... ........ ...... ..... .............. ........... ......... ........ 14
WATER QUALITY MONITORING.......... ................. ................. ................................. ........ ................ 15
ATTACHMENT 5: AGREEMENT DEFINITIONS................................................. ........................... ................................1
ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS PERTAINING TO GRANT AND LOAN
AGREEMENTS OF THE DEPARTMENT OF ECOLOGy..... ..... ......... ..................... ...... ........... ................... ........................1
ATTACHMENT 7: WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT POST PROJECT ASSESSMENT
SURVEY. ......... ..... ...... ....... .......... ..... ..... .... ... ... ...... .................. .......... .... ............. ........ .....;... ...... ......... ..... ........... .... ...1
ATTACHMENT 8 : ESTIMATED LOAN REPAYMENT SCHEDULE.. ........................... ................... ...... ............................1
Page 2
CENTENNIAL CLEAN WATER PROGRAM
AND
WASHINGTON STATE REVOLVING FUND
LOAN AGREEMENT
BETWEEN
THE STATE OF WASHINGTON DEPARTMENT OF ECOLOGY
AND
FOR
THIS is a binding loan agreement entered into by and between the state of Washington Department of
Ecology [DEPARTMENT] and [RECIPIENT]. The purpose of this loan agreement
[AGREEMENT] is to provide funds to the RECIPIENT [LOAN] to carry out the activities described
herein [PROJECT].
This AGREEMENT consists of
pages and
attachments.
Capitalized terms used, but not otherwise defined, in this AGREEMENT are defined in ATTACHMENT 5.
PART I. GENERAL INFORMATION
PROJECT Title:
PROJECT Period:
Effective Date:
Completion Date:
LOAN Number:
LOAN Amount:
Interest Rate:
LOAN Term:
State Fiscal Year:
RECIPIENT Information
RECIPIENT Name:
Mailing Address:
FEDERAL TAXPAYERIDNUMBER:
PROJECT Contact:
PROJECT Manager:
Page 3
Mailing Address:
Email Address: .
Phone Number:
Fax Number:
Ecolof!V Proiect Contact Information
PROJECT Manager:
Email Address:
Phone Number:
Fax Number:
Address
Address
D Northwest D Central
W A State Department of Ecology W A State Department of Ecology
Northwest Regional Office Central Regional Office
3190 160th Ave SE 15 West Yakima Ave, Suite 200
Bellevue, W A 98008-5452 Yakima, W A 98902-3452
Fax (425) 649-7098 Fax (509) 575-2809
D Southwest D Eastern
W A State Department of Ecology W A State Department of Ecology
Southwest Regional Office Eastern Regional Office
P.O. Box 47775 N. 4601 Momoe
Olympia, W A 98504-7775 Spokane, WA 99205-1295
Fax (360) 407-6305 Fax (509) 329-3570
D Bellingham
W A State Department of Ecology
Bellingham Field Office
1440 10th Street, Suite 102
Bellingham, W A 98225
Fax (360) 715-5225
Financial Manager:
Email Address:
Phone Number:
Fax Number:
Address
(360) 407-7151
W A State Department of Ecology
Water Quality Program, FMS
P.O. Box 47600
Olympia, W A 98504-7600
Page 4
FUNDING TYPES:
Federal Portion of Revolving Fund: 0 Yes (Catalog of Federal Domestic Assistance Number 66.458) 0 No
Revolving Fund Amount (federal monies): $
(Capitalization Grants and state match for Clean Water State Revolving Funds; Environmental Protection Agency,
Office of Water)
State Portion of Revolving Fund: 0 Yes 0 No
Revolving Fund Amount (state monies): $
State Centennial Loan Funds: 0 Yes 0 No $
GENERAL LOAN INFORMATION:
Increased Oversight: 0 Yes 0 No
Useful life ofthe PROJECT:
PROJECT TYPE: Check all that apply
Facilities Project: 0 Yes 0 No
Activities Proiect: 0 Yes 0 No
LOAN SECURITY: Check all that apply
Does this AGREEMENT and the LOAN to be made constitute Revenue Secured Lien Obligation of
the RECIPIENT: 0 Yes ONo
Does this AGREEMENT and the LOAN to be made constitute a general obligation debt of the
RECIPIENT or the state of Washington: 0 Yes 0 No
Does this AGREEMENT and the LOAN to be made constitute a valid general obligation of the
RECIPIENT payable from special assessments: 0 Yes 0 No
Is this LOAN secured with dedicated revenue through a Tribal Governmental Enterprise:
o Yes ONo
IMPORTANT DATES:
Estimated Proiect Start Date:
Initiation of Operation (10): 0 Yes 0 No 10 Date:
Proiect completion date:
Page 5
Prior Authorization: DYes D No If yes, Effective Date:
Interim Refinance: DYes D No If yes, Effective Date:
Post Proiect Assessment Date (see Part IV and ATTACHMENT 4):
AGREEMENT Effective Date:
The effective date of this AGREEMENT is the date this AGREEMENT is signed by the
DEPARTMENT's Water Quality Program Manager. Any work performed prior to the effective date of
this AGREEMENT, without written Prior Authorization or Interim Refinance approval from the
DEPARTMENT, will be at the sole expense and risk of the RECIPIENT.
PART II. PROJECT SUMMARY
PART III. PROJECT BUDGET
Total Total Eligible LOAN
PROJECT
Elements (Objects & Tasks) Cost PROJECT Cost AMOUNT
1. $ $ $
2. $ $ $
3. $ $ $
4. $ $ $
add more elements as needed $ $ $
Total $ $ *$
*The DEPARTMENT'S Fiscal Office will track to the total eligible Revolving Fund LOAN amount. The
RECIPIENT cannot deviate amongst elements without DEPARTMENT approval.
Other Funding Sources: D Yes (if Yes, list sources and amounts) D No
PART IV. GOALS, OUTCOMES, AND POST PROJECT ASSESSMENT
(see Important Dates in Part I and Post Project Assessment in Attachment 4)
A. Financial Assistance Water Quality Proiect Goals: One or more of the selected following goals
apply to this project:
D Severe Public Health Hazard or Public Health Emergency eliminated.
D Designated beneficial uses will be restored or protected, 303 ( d)- Listed water bodies
restored to water quality standards, and healthy waters prevented from being degraded.
D Regulatory compliance with a consent decree, compliance orders, TMDL or waste load
Page 6
allocation achieved.
B. Water Quality Proiect Outcomes: The following are quantitative results anticipated from the
project.
1.
2.
3.
C. Environmental Mitigation: 0 Yes 0 No If Yes, list the environmental mitigation measures:
rAIl
PART V. SCOPE OF WORK
Task 1 - Proiect Administration/Manae:ement (Total Task Cost: $)
A. The RECIPIENT will administer the project. Responsibilities will include, but not be limited
to: maintenance of project records; submittal of payment vouchers, fiscal forms, and progress
reports; compliance with applicable procurement, contracting, and interlocal agreement
requirements; attainment of all required permits, licenses, easements, or property rights
necessary for the project; and submittal of required performance items.
B. The RECIPIENT will manage the project. Efforts will include: conducting, coordinating, and
scheduling project activities and assuring quality control. Every effort will be made to
maintain effective communication with the RECIPIENT's designees; the DEPARTMENT; all
affected local, state, or federal jurisdictions; and any interested individuals or groups. The
RECIPIENT will carry out this project in accordance with any completion dates outlined in this
agreement.
Required Performance:
1. Effective administration and management of this grant project.
2. Timely submittal of all required performance items, progress reports, and financial
vouchers.
Task 2 - (Total Task Cost: $)
Required Performance:
Task 3 - (Total Task Cost: $)
Page 7
Required Performance:
Task 4 - (Total Task Cost: $)
Required Performance:
add more tasks as needed (Total Task Cost: $)
PART V(a). SPECIAL TERMS AND CONDITIONS
Include any special terms and conditions as needed.
PART VI. LOAN INTEREST RATE AND TERMS
Source and Availability; LOAN Amounts; LOAN Terms
This AGREEMENT will remain in effect until the date of final repayment of the LOAN, unless
terminated earlier according to the provisions herein.
Subject to all of the terms, provisions, and conditions of this AGREEMENT, and subject to the
availability of funds, the DEPARTMENT will loan to the RECIPIENT the sum of dollars
($ ) (Estimated LOAN Amount).
When the PROJECT Completion Date or the Initiation of Operation Date has occurred, if appropriate,
the DEPARTMENT and the RECIPIENT will execute an amendment to this AGREEMENT which
details the final LOAN amount (Final LOAN Amount), and the DEPARTMENT will prepare a final
LOAN repayment schedule, in the form of ATTACHMENT 8. The Final LOAN Amount will be the
combined total of actual disbursements and all accrued interest to the computation date.
The Estimated LOAN Amount and the Final LOAN Amount (in either case, as applicable, LOAN
Amount) will bear interest at the rate of % per annum, calculated on the basis of a 365-day year.
Interest on the Estimated LOAN Amount will accrue from and be calculated based on the date that
each payment is mailed to the RECIPIENT. The Final LOAN Amount will be repaid in equal
installments semiannually over a term of years, as provided in ATTACHMENT 8.
For wastewater construction hardship projects, the DEPARTMENT will review and evaluate the
RECIPIENT's financial circumstances for an appropriate interest rate to address financial hardship
within applicable federal and state regulations as related to the eligible construction cost of the
PROJECT defined in this AGREEMENT. The review and evaluation will be based on the final
Page 8
eligible construction costs and receipt of any additional state or federal grants and loans for the
PROJECT.
PART VII. ALL AGREEMENTS CONTAINED HEREIN
The RECIPIENT will ensure this project is completed according to the details of this agreement. The
RECIPIENT may elect to use its .own forces or it may contract for professional services necessary to
perform and complete project-related work.
The following contain the entire understanding between the parties, and there are no other
understandings or representations other than as set forth, or incorporated by reference, herein:
.
This AGREEMENT
ATTACHMENT I: Opinion of RECIPIENT's Legal Counsel
ATTACHMENT 2: Authorizing Ordinance or Resolution
ATTACHMENT 3: Preaward Compliance Review Report for All Applicants Requesting Federal
Assistance
General Project Management Requirements
Agreement Definitions
Loan General Terms and Conditions (Pertaining to Grant and Loan Agreements)
of the Department of Ecology
ATTACHMENT 7: Water Quality Program - Financial Management Post Project Assessment Survey
ATTACHMENT 8: Estimated Loan Repayment Schedule
The effective edition, at the signing of this agreement, of the DEPARTMENT's "Administrative
Requirements for Ecology Grants and Loans"
The associated funding guidelines that correspond to the Fiscal Year in which the project is funded
The applicable statutes and regulations
The following federal regulations (if funded with federal money):
OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations
OMB Circular A-133, Compliance Supplement
OMB Circular A-87, Cost Principles for State, Local, and Indian Tribal Governments
OMB Circular A-102, Uniform Administrative Requirements
The following is applicable for facilities projects:
· Declaration of Construction - Form ECY 040-2-28(b)
RECIPIENT's legislation (ordinance for cities, towns, and applicable charter counties;
resolution for others) adopting the Utility system or plan, or system or plan of additions and
betterments to and extensions of the Utility (in the case of cities and towns), or comprehensive
plan, or comprehensive plan amendment, relating to the PROJECT
· Facilities Plan Approval Letter (where applicable) and any amendments
· Plans and Specifications Approval Letter (where applicable) and any amendments
.
.
.
. ATTACHMENT 4:
· ATTACHMENT 5:
. ATTACHMENT 6:
.
.
.
.
.
.
.
No changes, additions, or deletions to this AGREEMENT will be authorized without a formal written
amendment, EXCEPT that in response to a request from the RECIPIENT, the DEP AR TMENT may
redistribute the loan budget. The DEP AR TMENT or the RECIPIENT may change their respective
staff contacts without the concurrence of either party.
By signing this"agreement, the RECIPIENT acknowledges that opportunity to thoroughly review the
terms of this agreement, the attachments, all incorporated or referenced documents, as well as all
Page 9
applicable statutes, rules, or guidelines mentioned in this agreement was given.
IN WITNESS WHEREOF, the DEPARTMENT and the RECIPIENT have executed this
AGREEMENT as of the dates set forth below, to be effective as provided above.
STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
[RECIPIENT NAME]
KELL Y SUSEWIND, P.E., P.G. DATE
WATER QUALITY PROGRAM MANAGER
[SIGNATORY NAME]
[TITLE]
DATE
APPROVED AS TO FORM ONL Y
ASSISTANT ATTORNEY GENERAL
(February 2009)
Page 10
ATTACHMENT 1: OPINION OF RECIPIENT's LEGAL COUNSEL
I am an attorney at law admitted to practice in the state of Washington and the duly appointed attorney
of [the RECIPIENT], and I have examined any and all documents and records pertinent to the
AGREEMENT.
Based on the foregoing, it is my opinion that:
A. The RECIPIENT is a duly organized and legally existing municipal corporation or
political subdivision under the laws of the state of Washington or a federally recognized
Indian tribe;
B. The RECIPIENT has the power and authority to execute and deliver and to perform its
obligations under the AGREEMENT;
C. The AGREEMENT has been duly authorized and executed by RECIPIENT's authorized
representatives and, to my best knowledge and after reasonable investigation, all other
necessary actions have been taken to make the AGREEMENT valid, binding, and
enforceable against the RECIPIENT in accordance with its terms, except as such
enforcement is affected by bankruptcy, insolvency, moratorium, or other laws affecting
creditors' rights and principles of equity if equitable remedies are sought;
D. To my best knowledge and after reasonable investigation, the AGREEMENT does not
violate any other agreement, statute, court order, or law to which the RECIPIENT is a
party or by which it or its properties are bound;
E. There is currently no litigation seeking to enjoin the commencement or completion of the
PROJECT or to enjoin the RECIPIENT from entering into the AGREEMENT or from
accepting or repaying the LOAN. The RECIPIENT is not a party to litigation which will
materially affect its ability to repay such loan on the terms contained in the
AGREEMENT; and
F. The AGREEMENT constitutes a valid general obligation of the RECIPIENT payable
from annual ad valorem taxes to be levied within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the
taxable property within the boundaries ofthe RECIPIENT.
F. The AGREEMENT constitutes a valid general obligation of the RECIPIENT payable
from special assessments to be imposed within the constitutional and statutory tax
limitations provided by law without a vote of the electors of the RECIPIENT on all of the
taxable property within the boundaries of the RECIPIENT.
F. The AGREEMENT constitutes a valid obligation of the RECIPIENT payable from the
Net Revenues ofthe Utility.
F. The AGREEMENT constitutes a valid obligation of the RECIPIENT payable from the
Net Revenues of the Utility and UUD Assessments in the UUD.
Capitalized terms used herein will have the meanings ascribed thereto in the AGREEMENT between
the RECIPIENT and the DEPARTMENT.
RECIPIENT's Legal Counsel
Page I of ATTACHMENT 1
Date
ATTACHMENT 2: AUTHORIZING ORDINANCE OR RESOLUTION
Page 1 of ATTACHMENT 2
ATTACHMENT 3: PREA WARD COMPLIANCE REVIEW REpORT FOR ALL APPLICANTS
REQUESTING FEDERAL ASSISTANCE
(Super crosscutter: required for all loans, except Centennial)
IEPA' .
. .
, -'" - '.
Washington, DC 20460
Preaward Compliance Review Report for
All Applicants Requesting Federal Financial Assistance
FORM Approved
OMB No. 2030-0020
~jffii~~J!g~"}J}Q&
Note: Read instructions before comnletinl! form
I. A Applicant (Name, City, State) B. Recipient (Name, City, State)
C. EPAProjectNo.
CS-53000108-0
II. Brief description of proposed project, program or activity.
III. Are any civil rights lawsuits or complaints pending against applicant and/or recipient? If yes, list
those complaints and the disposition of each complaint.
IV. Have any civil rights compliance reviews of the applicant and/or recipient been conducted by any
Federal agency during the two years prior to this application for activities which would receive EP A
assistance? If yes, list those compliance reviews and status of each review.
D Yes No D
D Yes No D
V. Is any other Federal financial assistance being applied for or is any other Federal financial
assistance being applied to any portion of this project, program or activity? If yes, list the other
Federal Agency(s), describe the associated work and the dollar amount of assistance.
D Yes No D
VI. If entire community under the applicant's jurisdiction is not served under the existing facilities/services, or will not be served under
the proposed plan, give reasons why.
VII. Population Characteristics Number of People
1. A Population of Entire Service Area
B. Minority Population of Entire Service Area
2. A Population Currently Being Served
B. Minority Population Currently Being Served
3. A Population to be Served by Project, Program or Activity
B. Minority Population to be Served by Project, Program or Activity
4. A Population to Remain Without Service
B. Minority Population to Remain Without Service
VII. Will all new facilities or alterations to existing facilities financed by these funds be designed and
constructed to be readily accessible to and usable by handicapped persons? Ifno, explain how a D Yes No D
regulatory exception (40 CFR 7.70) applies.
IX. Give the schedule for future projects, programs or activities (or of future plans), by which services will be provided to all
beneficiaries within applicant's jurisdiction. If there is no schedule, explain why.
X. I certify that the statements I have made on this form and all attachments thereto are true, accurate and complete. I acknowledge that
any knowingly false or misleading statement may be punishable by fine or imprisonment or both under applicable law.
A Signature of Authorized Official
B. Title of Authorized Official
C. Date
D Approved
A
D Disapproved
For the U.S. Environmental Protection Agency
Authorized EP A Official
Date
EPA Form 4700-4 (Rev. 1/90) Previous editions are obsolete
Page 1 of A TT ACHMENT 3
Instructions for EPA FORM 4700-4 (Rev. 1/90)
B. General
Recipients of Federal [mancial assistance from the U.S.
Environmental Protection Agency must comply with the
following statutes.
Title VI of the Civil Rights Acts of 1964 provides that no
person in the United States shall, on the grounds of race,
color, or national origin, be excluded from participation in,
be denied the benefits of, or be subjected to discrimination
under any program or activity receiving Federal [mancial
assistance.
The Act goes on to explain that the title shall not be
construed to authorize action with respect to any
employment practice of any employer, employment agency,
or labor organization (except where the primary objective
of the Federal [mancial assistance is to provide
employment).
Section 13 of the 1972 Amendments to the Federal Water
Pollution Control Act provides that no person in the United
States shall on the ground of sex, be excluded from
participation in, be denied the benefits of, or be subjected to
discrimination under the Federal Water Pollution Control
Act, as amended. Employment discrimination on the basis
of sex is prohibited in all such programs or activities.
Section 504 of The Rehabilitation Act of 1973 provides that
no otherwise qualified handicapped individual shall solely
by reason of handicap be excluded from participation in, be
denied the benefit of, or be subjected to discrimination
under any program or activity receiving Federal [mancial
assistance. Employment discrimination on the basis of
handicap is prohibited in all such programs or activities.
The Age Discrimination Act of 1975 provides that no
person on the basis of age shall be excluded from
participation under any program or activity receiving
Federal [mancial assistance. Employment discrimination is
not covered. Age discrimination in employment is
prohibited by the Age Discrimination in Employment Act
administered by the
Equal Employment Opportunity Commission.
Title IX of the Education Amendments of 1972 provides
that no person on the basis of sex shall be excluded from
participation in, be denied the benefit of, or be subjected to
discrimination under any education program or activity
receiving Federal [mancial assistance. Employment
discrimination on the basis of sex is prohibited in all such
education programs or activities. Note: an education
program or activity is not limited to only those conducted
by a formal institution.
C.
Items
IA. "Applicant" means any entity that files an
application or unsolicited proposal or otherwise requests
EP A assistance.
IB. "Recipient" means any entity, other than
applicant, which will actually receive EP A
assistance.
IC. Self-explanatory.
II. Self-explanatory.
III. "Civil rights lawsuits" means any lawsuit or
complaint alleging discrimination on the basis of race, color,
national origin, sex, age, or handicap pending against the
applicant and/or entity, which actually benefits from the
grant. For example, if a city is the named applicant but the
grant will actually benefit the Department of Sewage, civil
rights lawsuits involving both the city and the Department of
Sewage should be listed.
IV. "Civil rights compliance review" means any review
assessing the applicant and/or recipient's compliance with
laws prohibiting discrimination on the basis of race, color,
national origin, sex, age, or handicap. If any part of the
review covered the entity, which will actually benefit from
the grant, it should be listed.
V. Self-explanatory.
VI. The word "community" refers to the area under the
applicant and/or recipient's jurisdiction. The "community"
might be a university or laboratory campus, or a community
within a large city. Ifthere is significant disparity between
minority and nonminority populations to receive service, not
otherwise satisfactorily explained, the Regional office may
require a map, which indicates the minority and nonminority
population served by this project, program or activity.
VII. This information is required so that reviewers may
determine if a disparity in the proposed provision of services
will exist in the event the application is approved for
funding. Give population of recipient's jurisdiction, broken
out by categories as specified.
In the event the applicant cannot provide the requested
information because the funds will be distributed over a wide
demographic area, which is yet to be determined, an
explanation may be provided on a separate sheet. For
example, a State applying for a capitalization grant under the
State Revolving Fund program may not know which cities and
counties will apply for, and receive, SRF loans.
VIII. Self-explanatory.
IX. "Jurisdiction" means the geographical area over
which applicant has the authority to provide service.
X. Self-explanatory.
D.
"Burden Disclosure Statement"
EP A estimates public reporting burden for the preparation of
this form to average 30 minutes per response. This estimate
includes the time for reviewing instructions, gathering and
maintaining the data needed and completing and reviewing
the form. Send comments regarding the burden estimate,
including suggestions for reducing this burden, to Chief,
Information Policy Branch, PM-223, U.S. Environmental
Protection Agency, 401 M Street, S.W., Washington, D.C.
Page 2 of ATTACHMENT 3
The information on this form is required to enable the U.S.
Environmental Protection Agency to determine whether
applicants and prospective recipients are developing
projects, programs and activities on a nondiscriminatory
basis as required by the above statutes.
Submit this form with the original and required copies of
applications, requests for extensions, requests for increase
of funds, etc. Updates of information are all that are
required after the initial application submission.
If any item is not relevant to the project for which
assistance is requested, write "NA" for "Not Applicable."
In the event applicant is uncertain about how to answer
certain questions, EP A program officials should be
contacted for clarification.
20460; and to the Office ofInformation and Regulatory
Affairs, Office of Management and Budget, Washington,
D.C. 20503.
Page 3 of A TT ACHMENT 3
ATTACHMENT 4: GENERAL PROJECT MANAGEMENT REQUIREMENTS
FOR THE WASHINGTON STATE WATER POLLUTION CONTROL REVOLVING FUND
AND CENTENNIAL CLEAN WATER PROGRAM PROJECTS
(UNLESS MODIFIED BY A SPECIAL TERM AND CONDITION IN PART V.)
ACCOUNTING STANDARDS.
The RECIPIENT will maintain accurate records and accounts for the PROJECT ("PROJECT
Records") in accordance with Chapter 43.09.200 RCW "Local Government Accounting - Uniform
System of Accounting."
These PROJECT Records will be separate and distinct from the RECIPIENT's other records and
accounts (General Accounts). Eligible costs will be audited every other year, or annually if more than
$500,000 of federal funds are received in any given year, by an independent, certified accountant or
state auditor, which may be part of the annual audit of the General Accounts of the RECIPIENT. If the
annual audit includes an auditing of this PROJECT, a copy of such audit, including all written
comments, recommendations, and findings, will be furnished to the DEPARTMENT wi1pin 30 days
after receipt of the final audit report.
ACTIVITIES PROJECTS: TECHNICAL ASSISTANCE
Technical assistance for agriculture activities provided under the terms of this LOAN will be consistent
with the current U.S. Natural Resource Conservation Service ("NRCS") Field Office Technical Guide
for Washington State. However, technical assistance, proposed practices, or PROJECT designs that do
not meet these standards may be accepted if approved in writing by the NRCS and the
DEPARTMENT.
ACTIVITIES PROJECTS: BEST MANAGEMENT PRACTICES
Best MariagemenfPfactice-s \BMPs) intended primarily for production, operation, or maintenance are
not eligible. BMPs must be pre approved by the DEPARTMENT.
AUTHORITY
Authority of RECIPIENT
This AGREEMENT is authorized by the Constitution and laws of the state of Washington, including
the RECIPIENT's authority, and by the RECIPIENT pursuant to the ordinance or resolution attached
as ATTACHMENT 2.
Opinion of RECIPIENT's Legal Counsel
The DEPARTMENT has received an opinion oflegal counsel to the RECIPIENT in the form and
substance of ATTACHMENT 1.
CERTIFICATIONS
The RECIPIENT certifies by signing this AGREEMENT that all negotiated interlocal agreements
necessary for the PROJECT are, or will be, consistent with the terms of this AGREEMENT and
Chapter 39.34 RCW, "Interlocal Cooperation Act." The RECIPIENT will submit a copy of each
interlocal agreement necessary for the PROJECT to the DEPARTMENT.
The RECIPIENT certifies by signing this AGREEMENT that all applicable requirements have been
satisfied in the procurement of professional services and that eligible and ineligible costs are separated
and identifiable. The RECIPIENT will submit a copy of the final negotiated agreement to the
DEPARTMENT for eligibility determination.
P~elofATTACHMENT4
The RECIPIENT certifies by signing this AGREEMENT that the requirements of Chapter 39.80
RCW, "Contracts for Architectural and Engineering Services," have been, or will be, met in procuring
qualified architectural/engineering services. The RECIPIENT will identify and separate eligible and
ineligible costs in the final negotiated agreement and submit a copy of the agreement to the
DEPARTMENT.
CERTIFICATION REGARDING SUSPENSION, DEBARMENT, AND OTHER RESPONSmILITY
MATTERS (FOR FEDERALLY FUNDED PROJECTS)
Federal Executive Order 12549 provides that Executive departments and agencies will participate in a
government-wide system for monitoring suspended, debarred, and excluded parties. These
departments and agencies have further passed this requirement onto their recipients and have provided
pertinent regulations in the Code of Federal Regulations. The RECIPIENT, by signing this agreement,
certifies that it is not suspended, debarred, or otherwise excluded from contracting with the federal
government, or from receiving contracts paid for with federal funds. If the RECIPIENT is unable to
certify to the statements contained in the certification, they must provide an explanation as to why they
cannot. The web site for checking suspended, debarred, or excluded parties is www.epls.gov.
COMMENCEMENT OF WORK
The DEPARTMENT reserves the right to terminate this AGREEMENT if work does not commence
on the project within 4 months after the DEPARTMENT's deadline for signing this LOAN
AGREEMENT.
COVENANTS AND AGREEMENTS
Acceptance
The RECIPIENT accepts and agrees to comply with all terms, provisions, conditions, and
commitments of this AGREEMENT, including all incorporated and referenced documents, and to
fulfill all assurances, declarations, representations, and commitments made by the RECIPIENT in its
application, accompanying documents, and communications filed in support of its request for a LOAN.
Accounts and Records
The RECIPIENT will keep proper and separate accounts and records in which complete and separate
entries will be made of all transactions relating to this AGREEMENT. The RECIPIENT will keep
such records for six years after receipt of final loan disbursement.
Alteration and Eligibility of PROJECT
During the term ofthis AGREEMENT, the RECIPIENT (i) will not materially alter the design or
structural character of the PROJECT without the prior written approval ofthe DEPARTMENT and (ii)
will take no action which would adversely affect the eligibility of the PROJECT as defined by
applicable funding program rules and state statutes, or which would cause a violation of any covenant,
condition, or provision herein.
Pledge of Net Revenue and ULID Assessments in the ULID (if used to secure the repayment of
this LOAN)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges the Net Revenue of the
Utility, including applicable UUD Assessments in the ULID, to pay when due the principal of and
interest on the LOAN.
Page 2 of ATTACHMENT 4
Maintenance and Operation of a Funded Utility
The RECIPIENT will at all times maintain and keep a funded Utility in good repair, working order and
condition and also will at all times operate the Utility and the business in an efficient manner and at a
reasonable cost.
Collection of ULID Assessments (if used to secure the repayment of this LOAN)
All UUD Assessments in the ULID will be paid into the Loan Fund and used to pay the principal of
and interest on the LOAN. The UUD Assessments in the UUD may be deposited into the Reserve
Account to satisfy a Reserve Requirement if a Reserve Requirement is applicable.
Reserve Requirement
For loans that are Revenue-Secured Debt with terms greater than five years, the RECIPIENT must
accumulate a reserve for the LOAN equivalent to at least the Average Annual Debt Service on the
LOAN during the first five years of the repayment period ofthe LOAN. This amount will be
deposited in a Reserve Account in the LOAN Fund in approximately equal annual payments
commencing within one year after the Initiation of Operation or the PROJECT Completion Date,
whichever comes first.
"Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, an account of that
name created in the Loan Fund to secure the payment of the principal and interest on the LOAN. The
amount on deposit in the Reserve Account may be applied by the RECIPIENT (i) to make, in part or in
full, the final repayment to the DEPARTMENT of the LOAN Amount or, (ii) if not so applied, for any
other lawful purpose of the RECIPIENT once the LOAN Amount, plus interest and any other amounts
owing to the DEPARTMENT, have been paid in full.
Free Service
The RECIPIENT will not furnish Utility service to any customer free of charge if providing that free
service will affect the RECIPIENT's ability to meet the obligations of this AGREEMENT.
Sale or Disposition of Utility
The RECIPIENT will not sell, transfer, or otherwise dispose of any of the works, plant, properties,
facilities or other part of the Utility, or any real or personal property comprising a part of the Utility
unless one of the following applies:
1. The facilities or property transferred are not material to the operation of the Utility; or have
become unserviceable, inadequate, obsolete, or unfit to be used in the operation of the Utility;
or are no longer necessary, material, or useful to the operation of the Utility.
2. The aggregate depreciated cost value of the facilities or property being transferred in any
fiscal year comprises no more than three percent of the total assets of the Utility.
3. The RECIPIENT receives from the transferee an amount which will be in the same proportion
to the net amount of Senior Lien Obligations and this LOAN then outstanding (defined as the
total amount outstanding less the amount of cash and investments in the bond and loan funds
securing such debt) as the Gross Revenue of the Utility from the portion of the Utility sold or
disposed of for the preceding year bears to the total Gross Revenue for that period.
The proceeds of any transfer under this paragraph will be used (i) to redeem promptly, or irrevocably
set aside for the redemption of, Senior Lien Obligations and to redeem promptly the LOAN, or (ii) to
provide for part of the cost of additions to and betterments and extensions of the Utility.
Page 3 of A TT ACHMENT 4
Insurance
The RECIPIENT will at all times carry fire and extended coverage, public liability and property
damage, and such other forms of insurance with responsible insurers and with policies payable to the
RECIPIENT on such of the buildings, equipment, works, plants, facilities, and properties of the Utility
as are ordinarily carried by municipal or privately-owned utilities engaged in the operation of like
systems, and against such claims for damages as are ordinarily carried by municipal or privately-
owned utilities engaged in the operation of like systems, or it will self-insure or will participate in an
insurance pool or pools with reserves adequate, in the reasonable judgment of the RECIPIENT, to
protect it against loss.
Levy and Collection of Taxes (if used to secure the repayment of this loan)
For so long as the LOAN is outstanding, the RECIPIENT irrevocably pledges to include in its budget
and levy taxes annually within the constitutional and statutory tax limitations provided by law without
a vote of its electors on all of the taxable property within the boundaries of the RECIPIENT in an
amount sufficient, together with other money legally available and to be used therefore, to pay when
due the principal of and interest on the LOAN, and the full faith, credit and resources of the
RECIPIENT are pledged irrevocably for the annual levy and collection of those taxes and the prompt
payment of that principal and interest.
FACILITIES PROJECTS: PLANNING (IF APPLICABLE)
The RECIPIENT will develop a facilities plan. An approvable facilities plan will meet the
requirements of Chapter 173-240 WAC, "Submission of Plans and Reports for Construction of
Wastewater Facilities" and the facility planning requirements of "Title 40 Code of Federal
Regulations. "
FACILITIES PROJECTS: PLANS AND SPECIFICATIONS FOR FACILITIES PROJECTS
(IF APPLICABLE)
Plans and Specifications. The RECIPIENT will develop plans and specifications that must be
reviewed and approved by Water Quality Program staff of the DEPARTMENT and be consistent with:
1. Requirements stated in Chapter 173-240 WAC, "Submission of Plans and Reports for
Construction of Wastewater Facilities," as related to plans and specifications.
2. Good engineering practices and generally recognized engineering standards, including, but
not limited to, the STATE OF WASHINGTON'S CRITERIA FOR SEWAGE WORKS DESIGN
(December 1998 or more recent edition).
3. The approved facilities plan.
4. Other reports approved by the DEPARTMENT which pertain to the facilities design.
DEPARTMENT Approval. The plans, specifications, construction contract documents, and addenda
must be approved by the RECIPIENT prior to submittal for DEPARTMENT review.
Proiected Construction Schedule. An engineer's projected construction schedule will be prepared and
submitted to the DEPARTMENT at 90 percent completion of plans and specifications.
Construction Cost Estimate. A current, updated construction cost estimate will be submitted along
with each plan/specification submittal.
Form of Plans. All construction plans submitted to the DEPARTMENT for review and approval will
be reduced to no larger than 11-1/2" x 17" legible size. They may, at the RECIPIENT's option, be
bound with the specifications or related construction contract documents or bound as a separate
document. All reduced drawings must be completely legible.
Page 4 of ATTACHMENT 4
Operations Plan. The plans and specifications must also:
1. Include a Plan of Operation per the Water Quality Program Guidance document, PLANS OF
INTERIM OPERATION DURING CONSTRUCTION (October 21, 1992).
2. Include the information required in the Water Quality Program Guidance document,
OPERATION AND MAINTENANCE MANUAL FOR NONTREA TMENT W ASTEW A TER FACILITIES
(October 21, 1992).
Plan of Operation. A preliminary plan of operation will be prepared consistent with the
DEPARTMENT's GUIDELINES and submitted to the DEPARTMENT for review and approval with the
plans and specifications.
Approval by DEPARTMENT. The RECIPIENT will not proceed with any construction-related
activities until all necessary plans and specifications are approved in writing by the DEPARTMENT.
Change Orders. Change orders that are a significant deviation from the approved plans/specifications
must be submitted in writing for DEPARTMENT review and approval, prior to execution. All other
change orders must be approved by the DEPARTMENT for technical merit and should be submitted
within 30 days after execution. Change orders are to be signed by the contractor, the engineer (if
appropriate), and the RECIPIENT prior to submittal for DEPARTMENT approval.
The DEPARTMENT may approve, through formal amendment to this AGREEMENT, funding for
change orders for up to five percent ofthe eligible portion of the low responsive responsible
construction bides).
Adiusted Construction Budget. The construction budget, as reflected in the LOAN, will be adjusted
once actual construction bids are received. If the low responsive responsible construct bides) exceed
the engineer's estimate of construction costs, the DEPARTMENT may approve, through formal
amendment to this AGREEMENT, funding increases for up to ten percent of the engineer's original
estimate.
Bids and Awards. DEP AR TMENT approval of the plans, specifications, and construction documents
authorizes the RECIPIENT to solicit bids and award the construction contract (or reject bids) without
further DEPARTMENT authorization or approval. However, any additional costs resulting from
successful bid protests or other claims due to improper bid solicitation and award procedures will not
be considered eligible for LOAN participation.
FACILITIES PROJECTS: CONSTRUCTION MANAGEMENT
Plan of Operation. The plan of operation must be updated, as appropriate, before the start of
construction and at the 50 percent and 90 percent stage of construction, or more often if necessary.
The final plan of operation must be approved by the DEPARTMENT in writing before the
construction is completed and before final payment is made.
Construction Ouality Assurance Plan. A detailed construction quality assurance plan will be submitted
at least 30 days prior to the commencement of construction. This plan must describe the activities
which will be undertaken to achieve adequate and competent performance of all construction work.
Construction Schedule. A construction schedule will be submitted to the DEPARTMENT within 30
days of the start of construction. The construction schedule will be revised and updated whenever
major changes occur and resubmitted to the DEPARTMENT. In the " absence of any major changes,
the construction schedule should be resubmitted to the DEPARTMENT at a minimum of every three
months. When changes in the construction schedule affect previous cash flow estimates, revised cash
flow projections must also be submitted to the DEPARTMENT.
Page 5 of ATTACHMENT 4
"As-Built" Drawings. Upon completion of construction, the RECIPIENT shall provide the
DEPARTMENT's Project Manager with a set of "as-built" plans (i.e., record construction drawings
which reflect changes, modifications, or other significant revisions made to the project during
construction) in AutoCAD electronic format, and in reduced (11 "x 1 7") paper copy format, in addition
to a certification statement signed by a professional engineer, indicating that the project was completed
in accordance with the plans and specifications and major change orders approved by the
DEPARTMENT's Project Engineer and shown on the "as-built" plans.
Operations and Maintenance Manual. An Operations and Maintenance Manual ("O&M Manual") will
be prepared in conformance with WAC 173-240-080, "Operation and Maintenance Manual," and the
DEPARTMENT's GUIDELINES. The O&M Manual will be submitted to the Project Manager for
review and comment at the 50 percent stage of construction. The RECIPIENT will coordinate the
development of the O&M Manual with the DEPARTMENT following the initial submittal to ensure
that a completed O&M Manual, approved by the DEPARTMENT, will exist at the 90 percent stage of
construction. The O&M Manual will be updated as necessary following plant start-up to reflect actual
operating experience.
GROWTH MANAGEMENT PLANNING
'The RECIPIENT certifies by signing this AGREEMENT for a Water Pollution Control Facilities
project that it is in compliance with the requirements of Chapter 36.70A RCW, "Growth
Management-Planning by Selected Counties and Cities." If the status of compliance changes, either
through RECIPIENT or legislative action, the RECIPIENT will notify the DEPARTMENT in writing
of this change within 30 days.
INCREASED OVERSIGHT
If increased oversight is selected for this project, the RECIPIENT will submit all backup
documentation with each payment request submittal. In addition, the DEP AR TMENT's Proj ect
Manager will establish a schedule for additional site visits to provide technical assistance to the
RECIPIENT and verify progress or payment information.
LOAN REPAYMENT
Sources of LOAN Repayment
1. Nature of RECIPIENT's Obligation. The obligation of the RECIPIENT to repay the LOAN
from the sources identified below and to perform and observe all of the other agreements
and obligations on its part contained herein will be absolute and unconditional, and will not
be subject to diminution by setoff, counterclaim, or abatement of any kind. To secure the
repayment ofthe LOAN from the DEPARTMENT, the RECIPIENT agrees to comply with
all of the covenants, agreements, and attachments contained herein.
2. For General Obligation. This LOAN is a General Obligation Debt of the RECIPIENT.
3. For General Obligation Payable from Special Assessments. This LOAN is a General
Obligation Debt of the RECIPIENT payable from special assessments to be imposed within
the constitutional and statutory tax limitations provided by law without a vote of the
electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
4. For Revenue-Secured: Lien Position. This LOAN is a Revenue-Secured Debt of the
RECIPIENT's Utility. This LOAN will constitute a lien and charge upon the Net Revenue
junior and subordinate to the lien and charge upon such Net Revenue of any Senior Lien
Page 6 of ATTACHMENT 4
Obligations.
In addition, if this loan is also secured by Utility Local Improvement Districts (UUD)
Assessments, this LOAN will constitute a lien upon UUD Assessments in the UUD prior
and superior to any other charges whatsoever.
5. Other Sources of Repayment. The RECIPIENT may repay any portion of the LOAN from
any funds legally available to it.
6. Defeasance of the LOAN; Refinancing or Additional Financing of the PROJECT. So long
as the DEPARTMENT will hold this LOAN, the RECIPIENT will not be entitled to, and
will not effect, an economic Defeasance of the LOAN. The RECIPIENT also will not
refinance the PROJECT, including making an advance refunding of the LOAN, or obtain
additional grants or loans to finance the PROJECT, without the written consent of the
DEPARTMENT.
If the RECIPIENT defeases or advance refunds the LOAN or obtains additional grants or
loans for the PROJECT without DEPARTMENT consent, it will be required to use the
proceeds thereof immediately upon their receipt, together with other available RECIPIENT
funds, to repay both of the following:
(i) the LOAN Amount with interest
(ii) any other obligations of the RECIPIENT to the DEPARTMENT under this
AGREEMENT
unless in its sole discretion the DEPARTMENT finds that repayment from those additional
sources would not be in the public interest.
Failure to repay the LOAN Amount plus interest within the time specified in the
DEP AR TMENT' s notice to make such repayment will incur Late Charges and will be
treated as a LOAN Default.
Method and Conditions on Repayments
1. Semiannual Payments. Notwithstanding any other provision of this AGREEMENT, the
first semiannual payment of principal and interest on this LOAN will be paid no later than
the earlier of
(i) one year after the PROJECT Completion Date or Initiation of Operation Date
(ii) five years from the first payment by the DEPARTMENT
Equal payments will be due every six months thereafter.
If the due date for any semiannual payment falls on a Saturday, Sunday, or designated
holiday for Washington State agencies, the payment will be due on the next business day for
Washington State agencies.
Payments will be mailed to:
Department of Ecology
Cashiering Unit
P.O. Box 47611
Olympia WA 98504-7611
In lieu of mailing payments, electronic fund transfers can be arranged by working with the
DEPARTMENT's Financial Manager.
Page 7 of ATTACHMENT 4
No change to the amount of the semiannual principal and interest payments will be made
without a formal amendment to this AGREEMENT. The RECIPIENT will continue to
make semiannual payments based on this AGREEMENT until the amendment is effective,
at which time the RECIPIENT's payments will be made pursuant to the amended
AGREEMENT.
2. Late Charges. If any amount of the Final LOAN Amount or any other amount owed to the
DEPARTMENT pursuant to this AGREEMENT remains unpaid after it becomes due and
payable, the DEPARTMENT may assess a Late Charge. The Late Charge will be one
percent per month on the past due amount starting on the date the debt becomes past due
and until it is paid in full.
3. Repavment Limitations. Repayment of the LOAN is subject to the following additional
limitations, among others: those on Defeasance, refinancing and advance refunding,
termination, and default and recovery of payments.
4. Prepayment of LOAN. So long as the DEPARTMENT will hold this LOAN, the
RECIPIENT may prepay the entire unpaid principal balance of and accrued interest on the
LOAN or any portion ofthe remaining unpaid principal balance of the LOAN Amount.
Any prepayments on the LOAN will be applied first to any accrued interest due and then to
the outstanding principal balance of the LOAN Amount. If the RECIPIENT elects to
prepay the entire remaining unpaid balance and accrued interest, the RECIPIENT will first
contact the DEPARTMENT's Revenue/Receivable Manager of the Fiscal Office.
LOCAL LOAN FUND PROJECTS
Local Loan Fund. The RECIPIENT will use the funds received from the DEPARTMENT under this
AGREEMENT to establish and administer a loan fund.
Local Loan Fund Servicing. The RECIPIENT will be responsible for loan servicing and collecting and
tracking payments, but may contract for such services through a lending institution. The RECIPIENT
will officially approve or deny the loan request and will establish the interest rate and the repayment
period.
Schedule. A schedule for PROJECT completion, including milestone dates for loan marketing
activities, numbers of loan applications and closures, disbursements, application deadlines, etc., will be
submitted by the RECIPIENT with each quarterly progress report.
MINORITY AND WOMEN'S BUSINESS P ARTICIP ATION
The RECIPIENT agrees to solicit and recruit, to the maximum extent possible, certified minority-
owned (MBE) and women-owned (WBE) businesses in purchases and contracts initiated after the
effective date of this AGREEMENT.
In the absence of more stringent goals established by the RECIPIENT's jurisdiction, the RECIPIENT
agrees to utilize the DEPARTMENT's goals for minority- and women-owned business participation in
all bid packages, requests for proposals, and purchase orders. These goals are expressed as a
percentage of the total dollars available for the purchase or contract and are as follows:
Construction
Equipment
Supplies
Services .
Professional Services
10% MBE 6% WBE
8% MBE 6% WBE
8% MBE 4% WBE
10% MBE 4% WBE
10% MBE 6% WBE
Page 8 of ATTACHMENT 4
No contract award or rejection will be made based on achievement or non-achievement of the goals.
Achievement of the goals is encouraged, however, and the RECIPIENT and all prospective bidders or
persons submitting qualifications will take the following affirmative steps in any procurement initiated
after the effective date of this AGREEMENT:
1. Include qualified minority and women's businesses on solicitation lists.
2. Assure that qualified minority and women's businesses are solicited whenever they are
potential sources of services or supplies.
3. Divide the total requirements, when economically feasible, into smaller tasks or quantities
to permit maximum participation by qualified minority and women's businesses.
4. Establish delivery schedules, where work requirements permit, which will encourage
participation of qualified minority and women's businesses.
5. Use the services and assistance of the State Office of Minority and Women's Business
Enterprises (OMWBE) and the Office of Minority Business Enterprises of the U.S.
Department of Commerce, as appropriate.
By signing this AGREEMENT, the RECIPIENT certifies that the above steps were, or will be,
followed. Any contractor engaged by the RECIPIENT under this AGREEMENT will be required to
follow the above five affirmative steps in the award of any subcontract( s).
The RECIPIENT will report to the DEPARTMENT at the time of submitting each invoice, on forms
provided by the DEPARTMENT, payments made to qualified firms. The report will address:
1. Name and state OMWBE certification number of any qualified firm receiving funds under
the voucher, including any sub-and/or sub-subcontractors.
2. The total dollar amount paid to qualified firms under this invoice.
MODIFICATIONS TO AGREEMENT
No subsequent amendments to this AGREEMENT will be of any force or effect unless reduced to a
writing and signed by authorized representatives of the RECIPIENT and the DEPARTMENT, and
made part hereof, except:
Insubstantial modifications may be approved in writing by the Department's Project Manager without
a formal amendment. Insubstantial changes include:
. LOAN AGREEMENT Contact
. Contact for billing/invoice questions
· The DEPARTMENT'S Project Manager or Financial Manager
· Frequency and number of required submittals
· Budget allocations not affecting the total LOAN Amount
· Similar changes requested by the RECIPIENT
No amendment to this AGREEMENT will be effective until accepted or affirmed in writing by the
DEPARTMENT.
In no event will any oral agreement or oral commitment be effective to amend this AGREEMENT.
Page 9 of ATTACHMENT 4
PAYMENTREQUESTSUBNUTTALS
Equipment Purchase
Equipment must be pre approved by the DEP AR TMENT' s project manager.
Requests for Payment
Instructions for submitting payment requests are found in ADMINISTRATIVE REQUIREMENTS, PART IV.
A copy of this document will be furnished to the RECIPIENT.
1. Procedure. Payment requests will be submitted by the RECIPIENT to the Financial
Manager of the DEPARTMENT.
2. Cost Reimbursable Basis: Payments to the RECIPIENT will be made on a reimbursable
basis at least quarterly, but no more often than once per month unless allowed by the
,DEPARTMENT's Financial Manager. The DEPARTMENT's Financial Manager may
require the RECIPIENT to submit regular payment requests to ensure efficient and timely
use of funds.
3. Documentation: Each request for payment will be submitted by the RECIPIENT, along
with documentation of the expenses per the DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS.
4. Required Forms: The RECIPIENT will submit all forms and supportive documentation to
the DEPARTMENT's Financial Manager. Invoice voucher submittals will include:
· State of Washington Invoice Voucher Form A19-1A
. Form B2 (ECY 060-7)
I . Form C2 (ECY 060-9)
. Form D (ECY 060-11)
5. Period ofPavrnent. Payments will only be made for eligible costs of the PROJECT
pursuant to the AGREEMENT and performed after the effective date and prior to the
expiration date of the AGREEMENT, unless those dates are specifically modified in this
AGREEMENT.
6. Ineligible Costs. Payments will be made only for eligible PROJECT costs incurred and will
not exceed the Estimated LOAN Amount. If any audit identifies LOAN funds which were
used to support ineligible costs, such funds may be immediately due and payable to the
DEPARTMENT notwithstanding any provision to the contrary herein.
7. Overhead Costs. No payment for overhead costs in excess of25 percent of salaries and
benefits of the RECIPIENT will be allowed.
8. Certification. Each payment request will constitute a certification by the RECIPIENT to
the effect that all representations and warranties made in this AGREEMENT remain true as
of the date of the request and that no adverse developments, affecting the financial
condition of the RECIPIENT or its ability to complete the PROJECT or to repay the
principal of or interest on the LOAN, have occurred since the date of this AGREEMENT.
Any changes in the RECIPIENT's financial condition will be disclosed in writing to the
DEPARTMENT by the RECIPIENT in its request for payment.
POST PROJECT ASSESSMENT SURVEY
The RECIPIENT agrees to submit a brief survey regarding the key project results or water quality
project outcomes and the status of eventual environmental results or goals from the project
Page 10 of ATTACHMENT 4
The RECIPIENT will e-mail the survey, as an attachment, to the DEPARTMENT's Project Manager
and the DEPARTMENT's Water Quality Program Performance Measures Lead.
The DEPARTMENT may conduct site interviews and inspections, and may otherwise evaluate the
Project.
PREVAILING WAGE
The RECIPIENT will require all contractors and subcontractors on the PROJECT to pay wages at rates
not less than those prevailing for the same type of work on similar construction in the immediate
locality, in compliance with state prevailing wage rate requirements, Chapter 39.12 RCW Prevailing
Wages on Public Works. To obtain the state prevailing wage rates, contact the Washington State
Department of Labor and Industries.
PROCUREMENT
The RECIPIENT is responsible for procuring professional, personal, and other services using sound
business judgment and good administrative procedures. This includes issuance of invitation of bids,
requests for proposals, selection of contractors, award of subagreements, and other related procurement
matters. The RECIPIENT will follow State procurement laws.
PUBLIC AWARENESS
All public awareness notices or announcements related to the PROJECT, fmanced in whole or in part
by LOAN funds, should inform the public of the involvement of the DEPARTMENT and the
Environmental Protection Agency if applicable.
REpORTS; DOCUMENTS
Progress, Quarterly, and Other Reports: Invoices. The RECIPIENT will submit progress reports to the
DEPARTMENT quarterly or such other schedule as set forth herein. Quarterly reports will cover the
periods:
January 1 through March 31
April 1 through June 30
July 1 through September 30
October 1 through December 31
Quarterly reports are due 15 days following the end of the quarter being reported. Payment requests
will not be processed without a Progress Report.
At a minimum, all Progress Reports must contain a comparison of actual accomplishments to the
objectives established for the period, the reasons for delay if established objectives were not met,
analysis and explanation of any cost overruns, and any additional pertinent information specified in
this agreement. Even if no progress has occurred a progress report must still be submitted.
The RECIPIENT will also report in writing to the DEPARTMENT any problems, delays, or adverse
conditions which will materially affect its ability to meet PROJECT objectives or time schedules. This
disclosure will be accompanied by a statement of the action taken or proposed and any assistance
needed from the DEPARTMENT to resolve the situation.
The following additional reports will be required if requested by the DEPARTMENT:
1. Draft PROJECT completion reports - up to three copies
2. Draft PROJECT completion reports - up to three copies
Page 11 of ATTACHMENT 4
3. Pinal PROJECT completion reports (of local significance) -up to seven copies
4. Pinal PROJECT completion reports (of statewide significance) - up to 50 copies
5. Design reports and 90 percent plans and specifications - up to two copies
6. Final plans and specifications - up to three copies
7. Draft and final One-Year Certification reports - up to two copies
8. Other documents and correspondence that require DEPARTMENT approval- up to two
copies. (Once approval is given, one copy will be returned to the RECIPIENT. If the
RECIPIENT needs more than one approved copy, the number of submittals should be
adjusted accordingly).
9. Quarterly Progress Reports - two copies
The RECIPIENT will submit a copy of each quarterly progress report to both the Financial Manager
and the Project Manager of the DEPARTMENT.
REPRESENTATIONS AND WARRANTIES
The RECIPIENT represents and warrants to the DEPARTMENT as follows:
A. Existence; Authority.
It is a duly formed and legally existing municipal corporation or political subdivision of the state of
Washington or a federally recognized Indian tribe. It has full corporate power and authority to
execute, deliver, and perform all of its obligations under this AGREEMENT and to undertake the
PROJECT identified herein.
B. Application; Material Information.
All information and materials submitted by the RECIPIENT to the DEPARTMENT in connection with
its LOAN application were, when made, and are, as of the date the RECIPIENT executes this
AGREEMENT, true and correct. There is no material adverse information relating to the
RECIPIENT, the PROJECT, the LOAN, or this AGREEMENT known to the RECIPIENT which has
not been disclosed in writing to the DEPARTMENT.
C. Litigation; Authority.
No litigation is now pending or, to the RECIPIENT'S knowledge, threatened, seeking to restrain, or
enJom:
(i) the execution of this AGREEMENT; or
(ii) the fixing or collection ofthe revenues, rates, and charges or the formation of the UUD and
1l!~. levy and collection of UUD Assessments therein pledged to pay the principal of and
_un -Interest on the LOAN (for revenue secured lien obligations); or
(iii) the levy and collection of the taxes pledged to pay the principal of and interest on the
LOAN (for general obligation-secured loans and general obligation payable from special-
assessment-secured loans); or
(iii) in any manner questioning the proceedings and authority under which the AGREEMENT,
the LOAN, or the PROJECT are authorized. Neither the corporate existence or boundaries
of the RECIPIENT nor the title of its present officers to their respective offices is being
contested. No authority or proceeding for the execution of this AGREEMENT has been
repealed, revoked, or rescinded.
D. Not an Excess Indebtedness
For LOANs secured with a general obligation pledge or a general obligation pledge on special
assessments: The RECIPIENT agrees that this AGREEMENT and the LOAN to be made do not
create an indebtedness of the RECIPIENT in excess of any constitutional or statutory limitations.
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E. Due Regard
For LOANs secured with a Revenue Obligation: The RECIPIENT has exercised due regard for
Maintenance and Operation Expense and the debt service requirements of the Senior Lien Obligations
and any other outstanding obligations pledging the Gross Revenue of the Utility, and it has not
obligated itself to set aside and pay into the Loan Fund a greater amount of the Gross Revenue of the
Utility than, in its judgment, will be available over and above such Maintenance and Operation
Expense and those debt service requirements.
SEWER-USER FEE ORDINANCES AND USER-CHARGE SYSTEM
Sewer-Use Ordinance or Resolution
If not already in existence, the RECIPIENT will adopt and will enforce a sewer-use ordinance or
resolution to require that all new sewers and connections are designed and constructed in accordance
with applicable state and local standards. Such ordinance or resolution will be submitted to the
DEPARTMENT upon request by the DEPARTMENT.
User-Charge System
The RECIPIENT certifies that it has the legal authority to establish and implement a wastewater
treatment user-charge system and will adopt a system of wastewater treatment user-charges to assure
that each recipient of the water pollution control facility will pay its proportionate share of the cost of
operation and maintenance, including replacement during the design life of the PROJECT.
In addition, the RECIPIENT will regularly evaluate the user-charge system, at least annually, to ensure
the system provides adequate revenues necessary to operate and maintain the water pollution control
facility, to establish a reserve to pay for replacement, and to repay the LOAN.
SIGNAGE
All site-specific projects must have a sign of sufficient size to be seen from nearby roadways
acknowledging department financial assistance and left in place throughout the life of the project or
facility. Department logos must be on all signs and documents. Logos will be provided as needed
SMALL BUSINESS IN RURAL AREAS (FOR FEDERALLY FUNDED PROJECTS)
If a contract is awarded by the RECIPIENT under this AGREEMENT, the RECIPIENT is also
required to utilize the following affirmative steps:
1. Place Small Business in Rural Areas (SBRAs) on solicitation lists.
2. Make sure the SBRAs are solicited whenever there are potential sources.
3. Divide total requirements, when economically feasible, into small tasks or quantities to
permit maximum participation by SBRAs.
4. Establish delivery schedules, where requirements of work will permit, which could
encourage participation by SBRAs.
5. Use the services of the Small Business Administration and the Minority Business
Development Agency of the U.S. Department of Commerce, as appropriate.
6. Require the contractor to comply with the affirmative steps outlined above.
The negotiated "Fair Share Percentage" for the SBRAs is one-half of one percent.
There is no formal reporting requirement for SBRAs at this time; however, it is highly recommended
that the RECIPIENT keep records of SBRA participation.
Page 13 of ATTACHMENT 4
TERMINATION AND DEFAULT; REMEDIES
A. Termination and Default Events
1. For Insufficient DEP AR TMENT or RECIPIENT Funds. This AGREEMENT may be
terminated by the DEPARTMENT for insufficient DEPARTMENT or RECIPIENT funds.
2. For Failure to Commence Work. This AGREEMENT may be terminated by the
DEPARTMENT for failure of the RECIPIENT to commence PROJECT work.
3. Past Due Payments. The RECIPIENT will be in default of its obligations under this
AGREEMENT when any LOAN repayment becomes 60 days past due.
4. Other Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance in full by the RECIPIENT of all of its obligations under this
AGREEMENT. The RECIPIENT will be in default of its obligations under this
AGREEMENT if, in the opinion of the DEPARTMENT, the RECIPIENT has unjustifiably
failed to perform any obligation required of it by this AGREEMENT including, but not
limited to, the PROJECT Schedule contained in Section IV-E.
B. Procedures for Termination
If this AGREEMENT is terminated prior to PROJECT completion, the DEPARTMENT will provide
to the RECIPIENT a written notice of termination at least five working days prior to the effective date
of termination (the "Termination Date"). The written notice of termination by the DEPARTMENT
will specify the Termination Date and, when applicable, the date by which the RECIPIENT must repay
any outstanding balance of the LOAN and all accrued interest (the "Termination Payment Date").
C. Termination and Default Remedies
1. No Further Payments. On and after the Termination Date, or in the event of a default event,
the DEPARTMENT may, in its sole discretion, withdraw the LOAN and make no further
payments under this AGREEMENT.
2. Repayment Demand. In response to a termination event, except in the circumstances
described in Section VII-A-l, or in response to a default event, the DEPARTMENT may in
its sole discretion demand that the RECIPIENT repay the outstanding balance of the LOAN
Amount and all accrued interest.
3. Interest after Repayment Demand. From the time that the DEPARTMENT demands
repayment of funds, amounts owed by the RECIPIENT to the DEPARTMENT will accrue
additional interest at the rate of one percent per month, or fraction thereof.
4. Accelerate Repayments. In the event of a default, the DEPARTMENT may in its sole
discretion declare the principal of and interest on the LOAN immediately due and payable,
subject to the prior lien and charge of any outstanding Senior Lien Obligations upon the Net
Revenue. Repayments not made immediately upon such acceleration will incur Late
Charges.
5. Late Charges. All amounts due to the DEPARTMENT and not paid by the RECIPIENT by
the Termination Payment Date or after acceleration following a default event, as applicable,
will incur Late Charges.
6. Intercept State Funds. In the event of a default event and in accordance with RCW
90.50A.060, "Defaults," any state funds otherwise due to the RECIPIENT may, in the
DEPARTMENT's sole discretion, be withheld and applied to the repayment of the LOAN.
Page 14 of ATTACHMENT 4
7. Property to DEP AR TMENT. In the event of a default event and at the option of the
DEPARTMENT, any property (equipment and land) acquired under this AGREEMENT
may, in the DEPARTMENT's sole discretion, become the DEPARTMENT's property. In
that circumstance, the RECIPIENT's liability to repay money will be reduced by an amount
reflecting the fair value of such property.
8. Documents and Materials. If this AGREEMENT is terminated, all finished or unfinished
documents, data studies, surveys, drawings, maps, models, photographs, and reports or
other materials prepared by the RECIPIENT will, at the option of the DEPARTMENT,
become DEPARTMENT property. The RECIPIENT will be entitled to receive just and
equitable compensation for any satisfactory work completed on such documents and other
materials.
9. Collection and Enforcement Actions. In the event of a default event, the state of
Washington reserves the right to take any actions it deems necessary to collect the amounts
due, or to become due, or to enforce the performance and observance of any obligation by
the RECIPIENT, under this AGREEMENT.
10. Fees and Expenses. In any action to enforce the provisions of this AGREEMENT, reasonable
fees and expenses of attorneys and other reasonable expenses (including, without limitation,
the reasonably allocated costs of legal staff) will be awarded to the prevailing party as that
term is defined in RCW 4.84.330, "Actions on contract or lease. . .-Waiver prohibited."
11. Damages. Notwithstanding the DEPARTMENT's exercise of any or all of the termination
or default remedies provided in this AGREEMENT, the RECIPIENT will not be relieved of
any liability to the DEPARTMENT for damages sustained by the DEPARTMENT and/or
the state of Washington because of any breach of this AGREEMENT by the RECIPIENT.
The DEPARTMENT may withhold payments for the purpose of setoff until such time as
the exact amount of damages due the DEPARTMENT from the RECIPIENT is determined.
WATER QUALITY MONITORING
Quality Assurance Proiect Plan (QAPP):
Prior to initiating water quality monitoring activities, the RECIPIENT must prepare a Quality
Assurance Project Plan (QAPP). The QAPP must follow the DEPARTMENT's "Guidelines for
Preparing Quality Assurance Project Plans for Environmental Studies," (Ecology Publication No. 04-
03-030). The RECIPIENT may also reference the "Technical Guidance for Assessing the Quality of
Aquatic Environments," revised February 1994 (Ecology Publication No. 91-78).
(Remainder of this Page Intentionally Left Blank)
Page 15 of ATTACHMENT 4
ATTACHMENT 5: AGREEMENT DEFINITIONS
Unless otherwise provided, the following terms will have the respective meanings for all purposes of
this AGREEMENT:
"Administrative Requirements" means the effective edition of DEPARTMENT's ADMINISTRATIVE
REQUIREMENTS FOR ECOLOGY GRANTS AND LOANS at the signing of this LOAN.
"Annual Debt Service" for any calendar year means for any applicable bonds or loans including the
LOAN, all interest plus all principal due on such bonds or loans in such year.
"Average Annual Debt Service" means, at the time of calculation, the sum of the Annual Debt
Service for the remaining years of the LOAN to the last scheduled maturity of the LOAN divided by
the number of those years.
"Defease" or "Defeasance" means the setting aside in escrow or other special fund or account of
sufficient investments and money dedicated to pay all principal of and interest on all or a portion of an
obligation as it comes due.
"DEPARTMENT" means the state of Washington, Department of Ecology, or any successor agency
or department.
"Estimated LOAN Amount" means the initial amount of funds loaned to the RECIPIENT.
"Final LOAN Amount" means all principal of and interest on the LOAN from the PROJECT Start
Date through the PROJECT Completion Date.
"General Obligation Debt" means an obligation of the RECIPIENT secured by annual ad valorem
taxes levied by the RECIPIENT and by the full faith, credit, and resources of the RECIPIENT.
"General Obligation Payable from Special Assessments Debt" means an obligation of the
RECIPIENT secured by a valid general obligation of the Recipient payable from special assessments
to be imposed within the constitutional and statutory tax limitations provided by law without a vote of
the electors of the RECIPIENT on all of the taxable property within the boundaries of the
RECIPIENT.
"Gross Revenue" means all of the earnings and revenues received by the RECIPIENT from the
maintenance and operation of the Utility and all earnings from the investment of money on deposit in
the Loan Fund, except (i) Utility Local Improvement Districts (UUD) Assessments, (ii) government
grants, (iii) RECIPIENT taxes, (iv) principal proceeds of bonds and other obligations, or (v) earnings
or proceeds (A) from any investments in a trust, Defeasance, or escrow fund created to Defease or
refund Utility obligations or (B) in an obligation redemption fund or account other than the Loan Fund
until commingled with other earnings and revenues of the Utility or (C) held in a special account for
the purpose of paying a rebate to the United States Government under the Internal Revenue Code.
"Guidelines" means the DEPARTMENT's Funding Guidelines that that correlate to the State Fiscal
Year in which the PROJECT is funded.
Page I of ATTACHMENT 5
"Initiation of Operation" is the actual date the Water Pollution Control Facilities financed with
proceeds of the LOAN begin to operate forits intended purpose.
"LOAN" means the Washington State Water Pollution Control Revolving Fund Loan or Centennial
Clean Water Fund (Centennial) Loan made pursuant to this AGREEMENT.
"LOAN Amount" means either an Estimated LOAN Amount or a Final LOAN Amount, as
applicable.
"LOAN Fund" means the special fund of that name created by ordinance or resolution of the
RECIPIENT for the repayment of the principal of and interest on the LOAN.
"Maintenance and Operation Expense" means all reasonable expenses incurred by the RECIPIENT
in causing the Utility to be operated and maintained in good repair, working order, and condition
including payments to other parties for the transmission, treatment, or disposal of sewage, but will not
include any depreciation or RECIPIENT levied taxes or payments to the RECIPIENT in lieu of taxes.
"Net Revenue" means the Gross Revenue less the Maintenance and Operation Expense.
"Principal and Interest Account" means, for a LOAN that constitutes Revenue-Secured Debt, the
account of that name created in the Loan Fund to be first used to repay the principal of and interest on
the LOAN.
"PROJECT" means the PROJECT described in this AGREEMENT.
"PROJECT Completion Date" is the date specified in the AGREEMENT as that on which the Scope
of Work will be fully completed.
"PROJECT Schedule" is that schedule for the PROJECT specified in the AGREEMENT.
"Reserve Account" means, for a LOAN that constitutes Revenue-Secured Debt, the account of that
name created in the Loan Fund to secure the payment of the principal of and interest on the LOAN.
"Revenue-Secured Debt" means an obligation of the RECIPIENT secured by a pledge of the revenue
of a utility and one not a general obligation of the RECIPIENT.
"Scope of Work" means the tasks and activities constituting the PROJECT.
"Senior Lien Obligations" means all revenue bonds and other obligations of the RECIPIENT
outstanding on the date of execution of this AGREEMENT (or subsequently issued on a parity
therewith, including refunding obligations) or issued after the date of execution of this AGREEMENT
having a claim or lien on the Gross Revenue of the Utility prior and superior to the claim or lien of the
LOAN, subject only to Maintenance and Operation Expense.
"State Water Pollution Control Revolving Fund (Revolving Fund)" means the water pollution
control revolving fund established by RCW 90.50A.020.
P~e20fATTACHMENT5
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"Termination Date" means the effective date of the DEPARTt0ENT's termination of the
AGREEMENT. :
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"Termination Payment Date" means the date on which the RECIPIENT is required to repay to the
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DEPARTMENT any outstanding balance of the LOAN and all accrued interest.
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"Total Eligible PROJECT Cost" means the sum of all costs as~ociated with a water quality project
that have been determined to be eligible for DEPARTMENT grabt or loan funding.
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"Total PROJECT Cost" means the sum of all costs associated \vith a water quality project, including
costs that are not eligible for DEPARTMENT grant or loan funding.
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"ULID" means any utility local improvement district of the RECIPIENT created for the acquisition or
construction of additions to and extensions and betterments of th~ Utility.
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"ULID Assessments" means all assessments levied and collecte~ in any UUD. Such assessments are
pledged to be paid into the Loan Fund (less any prepaid assessmbnts permitted by law to be paid into a
construction fund or account). ULID Assessments will include ~rincipal installments and any interest
or penalties which may be due. i
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"Utility" means the sewer system or the combined water and se'fer system of the RECIPIENT, the
Net Revenue of which is pledged to pay and secure the LOAN. i
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(Revised September 2007)
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ATTACHMENT 6: LOAN GENERAL TERMS AND CONDITIONS
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PERTAINING TO GRANT AND LOAN AGREEMENTS OF
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THE DEPARTMENT OF ECOLOGY
A. RECIPIENT PERFORMANCE
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All activities for which loan funds are to be used will be accomplisred by the RECIPIENT and
RECIPIENT's employees. The RECIPIENT shall not assign or subcontract performance to others unless
specifically authorized in writing by the DEPARTMENT. !
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B. SUB GRANTEE/CONTRACTOR COMPLIANCE
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The RECIPIENT must ensure that all subgrantees and contractors [comply with the terms and conditions
of this AGREEMENT. I
C. TIDRD-P ARTY BENEFICIARY I
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The RECIPIENT shall ensure that in all subcontracts entered into by the RECIPIENT pursuant to this
agreement, the state of Washington is named as an express third-pkrty beneficiary of such subcontracts
with full rights as such. I
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D. CONTRACTING FOR SERVICES (BIDDING) I
Contracts for construction, purchase of equipment, and professionL architectural and engineering
services will be awarded through a competitive process, if required by State law. The RECIPIENT shall
retain copies of all bids received and contracts awarded, for inspedtion and use by the D EP AR TMENT.
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No right or claim of the RECIPIENT arising under this AGREEMENT will be transferred or assigned by
the RECIPIENT. i
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E. ASSIGNMENTS
F. COMPLIANCE WITH ALL LAWS
1. The RECIPIENT shall comply fully with all applicallile Federal, State, and local laws,
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orders, regulations, and permits. I
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Prior to commencement of any construction, the ~CIPIENT shall secure the necessary
approvals and permits required by authorities having jurisdiction over the Project, provide
assurance to the DEPARTMENT that all approvals [and permits have been secured, and
make copies available to the DEPARTMENT upon/request.
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2. Discrimination. The DEPARTMENT and the RECIPIENT agree to be bound by all
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Page 1 of A TT ACHMENT 16
Federal and State laws, regulations, and policies against discrimination. The RECIPIENT
further agrees to affirmatively support the program of the Office of Minority and Women's
Business Enterprises to the maximum extent possible. The RECIPIENT shall report to the
DEPARTMENT the percent of loan funds available to women or minority owned
businesses.
3. Wages and Job Safety. The RECIPIENT agrees to comply with all applicable laws,
regulations, and policies of the United States and the State of Washington which affect
wages andjob safety.
4. Industrial Insurance. The RECIPIENT certifies full compliance with all applicable state
industrial insurance requirements. If the RECIPIENT fails to comply with such laws, the
DEPARTMENT shall have the right to immediately terminate this AGREEMENT for
cause as provided in Section K.l.
G. KICKBACKS
The RECIPIENT is prohibited from inducing by any means any person employed or otherwise involved
in this Project to give up any part of the compensation to which he/she is otherwise entitled or receive
any fee, commission, or gift in return for award of a subcontract.
H. AUDITS AND INSPECTIONS
1. The RECIPIENT shall maintain complete program and financial records relating to this
AGREEMENT. Such records will clearly indicate total receipts and expenditures by fund
source and task or object. All loan records will be kept in a manner which provides an
audit trail for all expenditures. All records will be kept in a common file to facilitate
audits and inspections.
Engineering documentation and field inspection reports of all construction work
accomplished under this AGREEMENT will be maintained by the RECIPIENT.
2. All loan records will be open for audit or inspection by the DEPARTMENT or by any duly
authorized audit representative of the State of Washington for a period of at least three
years after the final loan repayment or any dispute resolution. If any such audits identify
discrepancies in the financial records, the RECIPIENT shall provide clarification and make
adjustments accordingly.
3. All work performed under this AGREEMENT and any equipment purchased will be made
available to the DEPARTMENT and to any authorized state, federal, or local representative
for inspection at any time during the course of this AGREEMENT and for at least three
years following loan termination or dispute resolution.
4. The RECIPIENT shall meet the provisions in OMB Circular A-B3 (Audits of States, Local
Governments & Non Profit Organizations) or OMB Circular A-110 (Uniform
Administrative Requirements for Grants & Agreements with Institutions of Higher
Education, Hospitals and Other Non-Profit Organizations) if the RECIPIENT receives
federal funds in excess of $500,000. The RECIPIENT must forward a copy of the state
auditor's audit along with the RECIPIENT response and the final corrective action plan, as
Page 2 of A TT ACHMENT 6
approved by the SAG; to the DEPARTMENT within 90 days of the date of the audit report.
5. The RECIPIENT shall provide the DEPARTMENT with a copy of the Single Audit Act
audit if the RECIPIENT expends more than $500,000 in federal Revolving Funds in a fiscal
year. The RECIPIENT shall submit this audit report within 9 months ofthe end of the
audit period.
6. The RECIPIENT shall inform the DEPARTMENT of findings and recommendations
pertaining to the Revolving Fund contained in the Single Audit Act audits or any other audit
conducted by the RECIPIENT, whether or not the $500,000 federal threshold was reached.
I. PERFORMANCE REPORTING
The RECIPIENT shall submit progress reports to the DEPARTMENT quarterly or such other schedule
as set forth in the Scope of Work. The RECIPIENT shall also report in writing to the DEPARTMENT
any problems, delays or adverse conditions which will materially affect their ability to meet project
objectives or time schedules. This disclosure shall be accompanied by a statement of the action taken or
proposed and any assistance needed from the DEPARTMENT to resolve the situation. Payments will be
withheld if required progress reports are not submitted.
J. COMPENSATION
1. Method of Compensation. Payment will normally be made on a reimbursable basis as
specified in the loan AGREEMENT and no more often than once per month. Each request
for payment will be submitted by the RECIPIENT on State voucher request forms provided
by the DEPARTMENT, along with documentation of the expenses. Payments will be
made for each task/phase of the project, or portion thereof, as set out in the Scope of Work
when completed by the RECIPIENT and certified as satisfactory by the Financial Manager.
The payment request form and supportive documents must itemize all allowable costs by
major elements, as described in the Scope of Work. Instructions for submitting the
payment requests are found in "Administrative Requirements for Ecology Grants and
Loans," part IV, published by the DEPARTMENT. A copy ofthis document will be
furnished to the RECIPIENT. When payment requests are approved by the
DEPARTMENT, payments will be made to the mutually agreed upon designee.
Payment requests will be submitted to the DEPARTMENT and directed to the Financial
Manager assigned to administer this AGREEMENT .
2. Budget Deviation. Deviations in budget amounts are not allowed without written
amendment(s) to this AGREEMENT. Payment requests will be disallowed when the
RECIPIENT's request for reimbursement exceeds the State maximum share amount for that
element, as described in the Scope of Work.
3. Period of Compensation. Payments will only be made for action of the RECIPIENT
pursuant to the loan AGREEMENT and performed after the effective date and prior to the
expiration date ofthis AGREEMENT, unless those dates are specifically modified in
writing as provided herein.
Page 3 of A TT ACHMENT 6
4. Final ReQuest( s) for Payment. The RECIPIENT must submit fmal requests for
compensation within 45 days after the expiration date of this AGREEMENT and within 15
days after the end of a fiscal biennium. Failure to comply may result in delayed
reimbursement.
5. Performance Guarantee. The DEPARTMENT may withhold an amount not to exceed ten
percent of each reimbursement payment as security for the RECIPIENT's performance and
a financial bond. Monies withheld by the DEPARTMENT may be paid to the RECIPIENT
when the project(s) described herein, or a portion thereof, have been completed if, in the
DEPARTMENT's sole discretion, such payment is reasonable and approved according to
this AGREEMENT and, as appropriate, upon completion of an audit as specified under
section J.6.
6. Unauthorized Expenditures. All payments to the RECIPIENT will be subject to final audit
by the DEPARTMENT and any unauthorized expenditure(s) charged to this loan will be
refunded to the DEPARTMENT by the RECIPIENT.
7. Mileage and Per Diem. If mileage and per diem are paid to the employees of the
RECIPIENT or other public entities, it shall not exceed the amount allowed under
Washington state law for state employees.
K. TERMINATION
1. For Cause. The obligation of the DEPARTMENT to the RECIPIENT is contingent upon
satisfactory performance by the RECIPIENT of all of its obligations under this
AGREEMENT. In the event the RECIPIENT unjustifiably fails, in the opinion of the
DEPARTMENT, to perform any obligation required of it by this AGREEMENT, the
DEPARTMENT may refuse to pay any further funds and terminate this AGREEMENT by
giving written notice of termination.
A written notice of termination shall be given at least five working days prior to the
effective date of termination. In that event, all finished or unfinished documents, data
studies, surveys, drawings, maps, models, photographs, and reports or other materials
prepared by the RECIPIENT under this AGREEMENT, at the option of the
DEPARTMENT, will become Department property and the RECIPIENT shall be entitled
to receive just and equitable compensation for any satisfactory work completed on such
documents and other materials.
Despite the above, the RECIPIENT shall not be relieved of any liability to the
DEPARTMENT for damages sustained by the DEPARTMENT and/or the State of
Washington because of any breach of AGREEMENT by the RECIPIENT. The
DEPARTMENT may withhold payments for the purpose of setoff until such time as the
exact amount of damages due the DEPARTMENT from the RECIPIENT is determined.
Page 4 of ATTACHMENT 6
2. Insufficient Funds. The obligation of the DEPARTMENT to make payments is contingent
on the availability of state and federal funds through legislative appropriation and state
allotment. When this AGREEMENT crosses over state fiscal years the obligation of the
DEPARTMENT is contingent upon the appropriation of funds during the next fiscal year.
The failure to appropriate or allot such funds will be good cause to terminate this
AGREEMENT, as provided in paragraph K.l above.
When this AGREEMENT crosses the RECIPIENT's fiscal year, the obligation of the
RECIPIENT to continue or complete the project described herein will be contingent upon
appropriation of funds by the RECIPIENT's governing body; provided, however, that
nothing contained herein will preclude the DEPARTMENT from demanding repayment of
all funds paid to the RECIPIENT in accordance with Section O.
3. Failure to Commence Work. In the event the RECIPIENT fails to commence work on the
project funded herein within four months after the effective date of this AGREEMENT, or
by any date mutually agreed upon in writing for commencement of work, the
DEPARTMENT reserves the right to terminate this AGREEMENT.
L. WAIVER
Waiver of any RECIPIENT default is not a waiver of any subsequent default. Waiver of a breach of any
provision of this AGREEMENT is not a waiver of any subsequent breach and will not be construed as a
modification of the terms of this AGREEMENT, unless stated as such in writing by the authorized
representative of the DEPARTMENT.
M. PROPERTY RIGHTS
1. Copyrights and Patents. When the RECIPIENT creates any copyrightable materials or
invents any patentable property, the RECIPIENT may copyright or patent the same, but the
DEP AR TMENT retains a royalty-free, nonexclusive and irrevocable license to reproduce,
publish, recover, or otherwise use the material(s) or property and to authorize others to use
the same for federal, state, or local government purposes.
Where federal funding is involved, the federal government may have a proprietary interest
in patent rights to any inventions that developed by the RECIPIENT as provided in 35
U.S.C.200-212.
2. Publications. When the RECIPIENT or persons employed by the RECIPIENT use or
publish information of the DEPARTMENT; present papers, lectures, or seminars involving
information supplied by the DEPARTMENT; use logos, reports, maps or other data, in
printed reports, signs, brochures, pamphlets, etc., appropriate credit will be given to the
DEPARTMENT.
3. Tangible Property Rights. The DEPARTMENT's current edition of "Administrative
Requirements for Ecology Grants and Loans," Part V, will control the use and disposition
of all real and personal property purchased wholly or in part with funds furnished by the
DEPARTMENT in the absence of state or federal statute(s), regulation(s), or policy(s) to
the contrary or upon specific instructions with respect thereto in the Scope of Work.
Page 5 of ATTACHMENT 6
4. Personal Property Furnished by the DEPARTMENT. When the DEPARTMENT provides
personal property directly to the RECIPIENT for use in performance of the project, it will
be returned to the DEPARTMENT prior to final payment by the DEPARTMENT. If said
property is lost, stolen, or damaged while in the RECIPIENT's possession, the
DEPARTMENT shall be reimbursed in cash or by setoff by the RECIPIENT for the fair
market value of such property.
5. Acquisition Projects. The following provisions will apply if the project covered by this
AGREEMENT includes funds for the acquisition ofland or facilities:
a. Prior to disbursement of funds provided for in this AGREEMENT, the RECIPIENT
shall establish that the cost of land and facilities is fair and reasonable.
b. The RECIPIENT shall provide satisfactory evidence of title or ability to acquire title
for each parcel prior to disbursement of funds provided by this AGREEMENT. Such
evidence may include title insurance policies, Torrens certificates, or abstracts, and
attorney's opinions establishing that the land is free from any impediment, lien, or
claim which would impair the uses contemplated by this AGREEMENT.
6. Conversions. Regardless of the contract termination date shown on the cover sheet, the
RECIPIENT shall not at any time convert any equipment, property, or facility acquired or
developed pursuant to this AGREEMENT to uses other than those for which assistance was
originally approved without prior written approval of the DEPARTMENT. Such approval
may be conditioned upon payment to the DEPARTMENT of that portion of the proceeds of
the sale, lease or other conversion or encumbrance which monies granted pursuant to this
AGREEMENT bear to the total acquisition, purchase, or construction costs of such
property.
N. RECYCLEDffiECYCLABLEPAPER
All documents and materials published under this AGREEMENT will be produced on recycled paper
containing the highest level of post consumer and recycled content that is available. At a minimum,
paper with ten percent post consumer content and 50 percent recycled content will be used. Whenever
possible, all materials will be published on paper that is unbleached or has not been treated with chlorine
gas or hypochlorite.
As appropriate, all materials will all be published on both sides of the paper and will minimize the use of
glossy or colored paper and other items which reduce the recyclability of the document.
O. RECOVERY OF PAYMENTS TO RECIPIENT
The right of the RECIPIENT to retain reimbursement monies paid to it is contingent upon satisfactory ,
performance of this AGREEMENT, including the satisfactory completion of the project described in the
Scope of Work. In the event the RECIPIENT fails, for any reason, to perform obligations required of it
by this AGREEMENT, the RECIPIENT may, at the DEPARTMENT's sole discretion, be required to
repay to the DEPARTMENT ,all loan funds disbursed to the RECIPIENT for those parts of the project
that are rendered worthless, in the opinion of the DEPARTMENT, by such failure to perform.
Page 6 of ATTACHMENT 6
Interest will accrue at the rate of 12 percent per annum from the time the DEPARTMENT demands
repayment of funds. Ifpayments have been discontinued by the DEPARTMENT due to insufficient
funds, as in Section K.2 above, the RECIPIENT shall not be obligated to repay monies which had been
paid to the RECIPIENT prior to such termination. Any property acquired under this AGREEMENT, at
the option of the DEPARTMENT, may become the DEPARTMENT's property and the RECIPIENT's
liability to repay monies will be reduced by an amount reflecting the fair value of such property.
P. PROJECT APPROVAL
The extent and character of all work and services to be performed under this AGREEMENT by the
RECIPIENT will be subject to the review and approval of the DEPARTMENT through the Project
Manager or other designated official to whom the RECIPIENT shall report and be responsible. In the
event there is a dispute with regard to the extent and character of the work to be done, the determination
of the Project Manager or other designated official as to the extent and character of the work to be done
will govern. The RECIPIENT shall have the right to appeal decisions as provided for below.
Q. DISPUTES
Except as otherwise provided in this AGREEMENT, any dispute concerning a question of fact arising
under this AGREEMENT which is not disposed of in writing will be decided by the Project Manager or
other designated official who shall provide a written statement of decision to the RECIPIENT. The
decision of the Project Manager or other designated official will be final and conclusive unless, within 30
days from the date of receipt of such statement, the RECIPIENT mails or otherwise furnishes to the
Director of the DEPARTMENT a written appeal.
In connection with appeal of any proceeding under this clause, the RECIPIENT shall have the
opportunity to be heard and to offer evidence in support of this appeal. The decision of the Director or
duly authorized representative for the determination of such appeals will be final and conclusive.
Appeals from the Director's determination will be brought in the Superior Court of Thurston County.
Review of the decision of the Director will not be sought before either the Pollution Control Hearings
Board or the Shoreline Hearings Board. Pending final decision of dispute, the RECIPIENT shall proceed
diligently with the performance of this AGREEMENT and in accordance with the decision rendered.
R. CONFLICT OF INTEREST
No officer, member, agent, or employee of either party to this AGREEMENT who exercises any
function or responsibility in the review, approval, or carrying out of this AGREEMENT, shall participate
in any decision which affects his/her personal interest or the interest of any corporation, partnership or
association in which he/she is directly or indirectly interested; nor shall he/she have any personal or
pecuniary interest, direct or indirect, in this AGREEMENT or the proceeds thereof.
S. INDEMNIFICATION
1. The DEPARTMENT shall in no way be held responsible for payment of salaries,
Page 7 of ATTACHMENT 6
coti,lultant's fees, and other costs related In the project described herein, except as provided
in the Scope of Work.
2. To ~e extent that the Constitution and laws of the State of Washington permit, each party
shall indemnify and hold the other harmless from and against any liability for any or all
injJnes to persons or property arising from the negligent act or omission of that party or
tha~party's agents or employees arising out of this AGREEMENT.
',I '
T. GOVERNING LAW
'I
This AGREEMENT will be governed by the laws of the State of Washington.
I
U. SEVERABILITY
If any provision lf this AGREEMENT or any provision of any document incorporated by reference will
be held invalid, shch invalidity will not affect the other provisions of this AGREEMENT which can be
given effect with~)Ut the invalid provision, and to this end the provisions of this AGREEMENT are
declared to be seterable.
:1
v. PRECEDENCE
:1
In the event ofidbonsistency in this AGREEMENT, unless otherwise provided herein, the inconsistency
will be resolved ~y giving precedence in the following order: (a) applicable Federal and State statutes
..I
and regulations; Qb) Scope of Work; (c) Special Terms and Conditions; (d) any terms incorporated herein
by reference, inc~uding the "Administrative Requirements for Ecology Grants and Loans"; and (e) the
General Terms arl.d Conditions.
il
(Revised 02/18/09)
Page 8 of ATTACHMENT 6
1
I
ATTACHMENT 7: WATER QUALITY PROGRAM - FINANCIAL MANAGEMENT
POST PROJECT ASSESSMENT SURVEY
1. Agree~ent Number:
2. Recipient Name:
I
1
3. Proje~t Name:
4. YearsiSince Project Completion:
D Three
D Four
D Five
D Other (please specify):
5. Contact Information:
,I
I
Contact Name:
Contact Phone Number:
,I
Contact E-mail Address:
I
6. Level of Involvement by Present Contact on Project:
1
1
7. Type 0fProject (check both if applicable): D Activity
D Facility
8. Finanqing:
'I
I
Total Project Cost:
T~tal Eligible Project Cost:
Ec,ology Loan Amount:
If J\pplicable, Ecology Grant Amount:
I
9. Water:Quality and/or Compliance Problem:
Page 1 of ATTACHMENT 7
10. Describe the Most Critical Specific "Project Resu1t(s)" or "Outcome(s)" actually
achieved by the Project:
11. Provide documentation (including digital color pictures) that evidence the continued
maintenance and effectiveness of the Project at the time of this survey:
12. Check the Eventual Environmental Resu1t(s) or Goal(s) substantively addressed or
achieved by the Project:
D Designated beneficial uses restored or protected
D Regulatory compliance achieved
D Severe Public Health Hazard or Public Health Emergency eliminated
13. Describe the status of the Eventual Environmental Result(s) or Goal(s) at the time
of this assessment:
14. Describe subsequent work and ongoing efforts needed to achieve the Eventual
Environmental Resu1t( s) or Goal( s) by you and others in the area:
(Revised 6/9/06)
Page 2 of ATTACHMENT 7
ATTACHMENT 8: ESTIMATED LOAN REPAYMENT SCHEDULE
Page 1 of ATTACHMENT 8
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DATE SUBMITTED: May 20, 2009
BILL#
oC( - (J-~
foA
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Professional Services
Agreement with Parametrix for Design and
Permitting of the Gorst Sewerage Project,
and Approval to Increase Wastewater Fund
Budget.
Committee Meeting Date: May 13, 2009
COUNCIL MEETING Date: May 20, 2009
Department: PW&U, Engineering
Presenter: Tom Knuckey / Phil
Williams
Phone: 473-2376/473-5315
SUMMARY: The City has been offered $6,102,550 in grants and loans to design, permit and
construct a sewer collection system within the Garst Urban Growth Area- execution of the grants and
loans is currently pending. Staff have evaluated qualified firms and selected Parametrix, Inc. to
" provide design of the Gorst Sewerage Project. An increase in the 2009 Wastewater Fund budget of
$955,000 is necessary to fund this project - this budget increase is fully funded by the grants and
loans offered by the Department of Ecology. The requested action before Council is approval of a
Professional Services Agreement with Parametrix, Inc., and an increase in the wastewater fund budget
of $955,000.
ATTACHMENTS: 1. Council Summary; 2. Site and Vicinity Map; 3. Professional Services
Agreement.
FISCAL IMPACTS (Include Budgeted Amount): The 2009 Wastewater Fund Capital Budget is
$6,150,000. Projected 2009 expens.e for this project is $1,280,000; $955,000 of this expense wilLbe
reimbursed by grants and loans. Requested new Wastewater Fund Capital Budget is $7,105,000.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
rcr~~
~7~
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTION:
Move to approve professional services agreement with Parametrix, Inc., in an amount up to $625,000
for Design and Permitting of the Gorst Sewerage Project, and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented and further move
to adjust the approved 2009 Wastewater Fund Budget to $7,105,000, an increase of$955,000.
CONSENT AGENDA
GENERAL BUSINESS~ "~~
PUBLIC HEARING D Con.'5~
A<j ~ANlo..
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
COUNCIL SUMMARY
PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX
FOR GORST SEWERAGE PROJECT
Contract Summary
This agenda item is approval of the consultant contract for design and permitting
for the Gorst Sewerage project, and adjustment of the Wastewater Fund budget.
A committee comprised of Councilman Gehring, Phil Williams, Lynn Price, -and
Tom Knuckey conducted interviews on April 22"d of two firms that were
previously shortlisted by Engineering Staff. The team of Parametrix and HDR
Engineering were selected for the design of the Gorst Sewerage project. The
project includes two components; design of a collection system in the urban
growth area, and design of septic system replacement within areas served by the
collection system. The work includes survey, project management, geotechnical
investigations, and the other activities necessary to develop complete bid
documents for the to project components.
The funding offered for this project has very specific and aggressive schedule
constraints. Project design must be completed by September 17, 2009, and all
work must be under contract by November 1, 2009.
Fiscal Summary
The 2009 Wastewater Fund budget includes $100,000 for "Gorst and West
Bremerton UGA Sewerage - Pre-design." When the budget was prepared, the
principal activity anticipated for 2009 included developing a Facility Plan to sewer
the Gorst UGA, and to begin evaluating grant opportunities to fund
implementation. Given the opportunity to pursue stimulus funding for this project,
staff submitted two applications to the Department of Ecology. The "Gorst
Sewerage Project" application ranked second, and the "Gorst Septic System
Abandonment Project" application ranked sixth out of the 195 applications
submitted state-wide. Project funding has been offered as follows:
Project Loan Source Interest Rate and Amount Approx
Term Annual
Debt Svc
Gorst Seweraqe Recovery Act Forqivable Principal $3,620,213 N/A
Recovery Act 1.4%, 20-yr $520,987 $29,880
SRF 1.4%, 20-vr $568,350 $32,598
Septic System Aban. Recovery Act Forqivable Principal $1,283,000 N/A
SRF 2.9%, 20-yr. $110,000 $7,255
TOTAL $6,102,550 $69,733
Project tasks that are only loan eligible include design and collection system
construction specifically to benefit non-existing residential properties. The
amount of loan offer for Gorst Sewerage was calculated and identified by the
Department of Ecology during their evaluation of the application.
The grant applications estimated design costs at $560,000; 450,000 for the
Collection System, and $110,000 for the septic system replacement. During
preliminary scope negotiations with the Consultant, this design cost was
confirmed; however, the design fees proposed by the Consultant on May 18th are
$695,000 (in addition to the $60,000 of previously authorized design.) While staff
believe the level of design effort was likely underestimated in the grant
applications, we believe that the scope can be delivered for approximately
$70,000 less than the budget currently proposed by the Consultant. The
requested action before Council is approval of a professional services agreement
with Parametrix, Inc., for up to $625,000 for design of the Gorst Sewerage
Project.
While the design will exceed its budgeted amount, staff are confident that
sufficient contingency has been included to deliver the project (design and
construction) within the total project budget.
Total project Costs for 2009 are estimated as follows:
2009 Activity Activity Grant/Loan WW Fund
Cost Reimbursement Expense
Pre-design, facility plan, grant $30,000 $30,000
application
Design, permitting, site coordination, $805,000 $805,000
PM (Citv and PMX)
Property Acquisition for Pump $220,000 $220,000
Station S8-3
Property Acquisition for Pump $50,000 $50,000
Station 88-4 and Easements
Miscellaneous Easements 25,000 $25,000
Construction 150,000 $150,000
Total $1,280,000 $955,000 $325,000
Staff will defer a minimum of $325,000 of planned capital expenditures to ensure
2009 Wastewater Fund expenditures not supported by Grants or Loans do not
exceed the authorized budget. . An increase of $955,000 in the Wastewater Fund
budget is required to fund this project - this $955,000 budget increase is fully
supported by the grants and loans offered by the Department of Ecology.
PROFESSIONAL SERVICES AGREEMENT
Gorst Sewerage Design
The City of Bremerton ("City") and Parametrix, 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 Work, dated May, 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.G. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $ . Consultant's charges and
bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by
this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
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. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
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.
BremertonlParametrix
Gorst Sewerage Desi~n
Page 1 of6
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/Parametrix
Gorst Sewerage Design
Page 2 of6
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCD) if applicable; and employer's
liability; and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
BremertonlParametrix
Gorst Sewerage Design
Page 3 of6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards' like
information relating to its own business. Ifsuch information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
BremertonlParametrix
Gorst Sewerage Design
Page 4 of6
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
345 5th Street
Bremerton, W A 98337
Consultant Address
4660 Kitsap Way, Suite A
Bremerton, W A 98312
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. N on-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
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, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
BremertonlParametrix
Gorst Sewerage Design
Page 5 of6
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
'~ HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON
CONSULTANT
By:Jan Rosholt
its:
Date:
By:
its: Mayor
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
R:\LEGAL\Contracts\FORMS\Professional Services Agreement Form (2003).doc
BremertonlParametrix
Gorst Sewerage Design
Page 6 of6
EXHIBIT A - SCOPE OF WORK
City of Bremerton
Garst UGA Sewerage Project
INTRODUCTION
The Gorst area is unincorporated Kitsap County contiguous to the City of Bremerton. The existing Gorst
UGA area is currently on septic tanks with no sewer conveyance system or treatment. The area has been
determined to be a severe public health hazard by the Kitsap County Board of Health and the Washington
State Board of health, in 1997.
The Kitsap County Health District (KCHD) states, "The best long-term solution to protect public health
and improve water quality in the area is installing a public sewer collection system with conveyance to a
municipal treatment plant."
The City applied for grants and loans from the Washington State Water Pollution Control Revolving Fund
(SRF) through the Department of Ecology. The funding approved is as follows:
Sewerae:e Proiect
Recovery Act Funding
$3,620,213
$520,987
$568.350
Recovery Act Loan
Revolving Fund Loan
Total $4,709,550
Septic Replacement Proiect
Recovery Act Funding
$1,283,000
$110,000
Revolving Fund Loan
Total $1,393,000
The funding provisions require that the design be completed by September 17, 2009. The following
describes the engineering work to be performed to complete the proposed project.
PROJECT PHASES
The project will consist of two phases:
Phase 1 - Design and Bid Documents
Phase 2 - Construction Services
City of Bremerton
Garst UGA Sewerage Project
Scope of Work
1
236-1896-085
May 2009
PHASE 01
DESIGN AND BID DOCUMENTS
TASK 01
PROJECT MANAGEMENT
Objective:
To plan, organize, direct, control, and communicate all relevant activities set forth in this
Scope of Work so as to complete the final design by September 17, 2009 within the
approved budget, and to assist with construction services as needed.
Approach:
Parametrix has selected a team of senior professionals to manage the work and lead the
pipe line design, pump station design, and the design necessary to connect the existing
septic systems to the new conveyance system. Communication will be on a daily basis
through email and telephone, and with weekly project coordination meetings with the
City and design team staff.
Deliver abIes: Work products will include:
. Project Management Plan.
. Concise subcontracts
. Minutes and meeting notes
. Weekly action agenda
· Summary of issues identified during a weekly project team meeting
. Monthly invoices and status reports
Assumptions: The following assumptions apply:
. Requests for decisions will be clearly stated and responded to in a timely manner.
. Decisions will be documented.
. Minutes of meetings of importance will be prepared.
. A weekly action agenda will be updated and distributed.
. Monthly reports will be provided with timely invoices.
. Sub consultants will be responsive to meeting their assignments on time.
. Project related issues will be identified, communicated, and resolved.
TASK 02 PROJECT AND PUBLIC MEETINGS
Objective: To schedule and conduct effective project and public meetings as deemed appropriate by
the City.
Approach: To hold meetings only as necessary and develop agendas, meeting materials, and support
documentation, so as to make effective use of the participant's expertise and time.
Deliverables: Work products will include:
City of Bremerton
Garst UGA Sewerage Project
Scope of Work
2
236-1896-085
May 2009
. Meeting agendas.
. Minutes and meeting notes
. Support material for meetings
Assumptions: The following assumptions apply:
. There will be regularly scheduled Project meetings over the course of the project (30
during design).
. There will be special meetings with the public property owners and agency personnel
as deemed appropriate by the City (15 during design).
. The City will conduct any public meetings with the Parametrix team in a supporting
role.
. The City will be responsible for scheduling and conducting meetings with individual
property owners with the Parametrix team in a supporting role.
TASK 03 PLANNING VERIFICATION I BASIS OF DESIGN
Objective: To verify the geographical area to be served and validate and modify the design
parameters set forth in the Facilities Plan in the form of a "Basis of Design" document.
Approach: Review the Facilities Plan and finalize the location of the pipelines and pump stations so
as to provide service to properties within the UGA in a practical and cost-effective
manner.
DeliverabJes: Work products will include:
. A basis of design document summarizing the design criteria and design parameters to
be met under both the collection and pumping system, and the systems connecting the
private properties to the public system.
Assumptions: The following assumptions apply:
. The protected total flows in the UGA as set forth in the Facilities Plan are correct.
. The pipeline and pump station locations can be modified so as to best service the area.
. The final basis of design will be in compliance with the Grant/Loan conditions.
. Records offailed systems will be provided by KCHD
TASK 04 SURVEY AND MAPPING
Objective: To generate survey and mapping data for development of CADD base maps.
Approach: The following approach applies:
. The City has authorized Pararnetrix to provide preliminary mapping and survey data.
City of Bremer ton
Gorst UGA Sewerage Project
Scope of Work
3
236-1896-085
May 2009
. The City will contract with a local aerial survey service to fly the project area and
provide applicable electronic data for design.
. Parametrix field crews will augment the aerial survey as required.
. Basement/lower level floor elevations will be determined.
. Individual site maps will be prepared for private residential properties connecting their
homes to the system.
DeliverabJes: Electronic files for use in preparing design plans and identifying property boundaries.
Assumptions: The following assumptions apply:
. Parametrix survey will provide control.
. The City will provide as-builts of recent sewer and water projects that show right-of-
way.
. State highway and County property records and files are correct.
· 60 building basement/lower floor elevations will be determined
TASK 05 GEOTECHNICAL SERVICES
Objective: The following objectives will be met:
· To characterize soil conditions for pipeline and for two pump stations for design
purposes.
. To characterize rock conditions along West Sherman Heights Road.
. To evaluate soil conditions for pump station foundation design and re-use as backfill
for pipeline, excavation properties of rock, and determin,ation of local groundwater
depth for dewatering purposes.
. Determine thickness, density, and fines content of subsurface soils for liquefaction
analysis purposes at pump stations.
Approach: The following approach applies:
. Review existing available explorations in the vicinity of the project alignment and
pump station locations.
· Advance seven borings (noting groundwater at time of drilling, no wells) at locations
along the pipeline, to a depth of 20 feet each.
· Advance two borings (noting groundwater at time of drilling, with 2-inch diameter
wells) at pump station locations to 35 feet each.
· Perform moisture content and grain size testing on representative samples.
· Perform a seismic refraction survey along West Sherman Heights Road to determine
depth to rock and rock strength based on shear wave velocity.
City of Bremerton
Garst UGA Sewerage Project
Scope of Work
4
236-1896-085
May 2009
. Additional borings to be completed for final design to fill gaps in areas underlain by
soil and to confirm results of seismic refraction survey in areas underlain by rock.
. Slug tests may be performed at a later date within monitoring wells for dewatering
design.
DeJiverabJes: Geotechnical Technical Memorandum (review copy, and fmal copy)
Assumptions: The following assumptions apply:
. Boring locations are truck accessible and that soil cuttings can remain on site.
. Cuttings will be placed in drums at the pump station locations and transported to a
designated City ofBremerton storage area pending characterization for disposal.
. Parametrix will be responsible for coordinating access with property owners as
required and obtaining any necessary street use permits.
. Environmental sampling and testing will not be conducted III the event that
contaminated soils are encountered.
. Boreholes will be backfilled with a mixture of cuttings and bentonite.
. Parametrix will provide figure showing the location ofthe proposed pipeline and pump
stations in relation to existing site features.
. Borings will be located to avoid existing underground utilities.
. AMEC will call Dial B4UDig utility locating service prior to drilling, however,
assistance will be needed from Parametrix to identify locations of onsite utilities
. Traffic control will be necessary for certain boring locations and the seismic refraction
survey due to narrow shoulders.
TASK 06 UTILITY COORDINATION I RELOCATION
Objective: To identify existing utilities that might impact the design/construction of public and
private systems and develop plans to relocate them to avoid conflicts during construction.
Approach: The following approach applies:
. A private utility locate company will be subcontracted to locate and mark existing
utilities.
. Parametrix surveys will supplement locations as applicable.
. As-builts for private and public utility companies will be obtained for the project area.
. Existing utilities will be included as a "layer" in the CADD base map.
. Utilities need to be relocated by the respective utility companies prior to construction
of the sewer system proposed under the project.
. Pot holing will be performed at critical locations.
City of Bremerton
Gorst UGA Sewerage Project
Scope of Work
5
236-1896-085
May 2009
Deliverables: Work products will include:
. Utility layer in base CADD file.
. A relocation plan showing those utilities that conflict with the sewer construction.
Assumptions: The following assumptions apply:
. Field verification and supplemental surveying will be required.
. Pot holing may be necessary at up to 10 locations. (Excavation by others.)
. Utility relocation costs will be borne by the respective utility owners.
TASK 07 PERMITTING
Objective: To identify the required permits that must be acquired for construction of both the public
and private systems.
Approach: The following approach applies:
. Identify the permits needed to construct the facilities, requirements to obtain, and the
process/time required.
. Develop a permit management plan.
. Implement the plan so as to have the required permits at the time of bidding.
Deliverables: Work products will include:
. Permit management plan.
. Assistance with permit applications.
. Applicable permit conditions articulated in the bid documents.
. Permits in hand prior to bidding.
Assumptions: The following assumptions apply:
. Agencies will be supportive of expediting the approval process.
. SEP AlNEP A and other environmental permit issues will not need to be addressed
beyond those already approved.
. Permit costs will be minimized due to the environmental benefits of the project.
TASK 08 CONSTRUCTION TRAFFIC CONTROL
Objective: To develop a Construction Traffic Control Plan that will allow the Contractor to perform
work in a safe manner acceptable to the permitting agency.
Approach: The following approach applies:
City of Bremer ton
Gorst UGA Sewerage Project
Scope of Work
6
236-1896-085
May 2009
. Based on County and WSDOT standards, develop a specific Traffic Control Plan for
how the Contractor can perform work in the right-of-way safely.
Deliverables: Work products will include:
. Traffic Control Plans and specifications that are acceptable by WSDOT and Kitsap
County to be used during construction of the Gorst Sewer project.
Assumptions: The following assumptions apply:
. Follow WSDOT and County traffic control standards.
. Detours will be allowed.
. The State and County will establish hours of operations.
. The Contractor will finalize the plan and stamp the drawings to be used during
construction.
TASK 09 COST ESTIMATING
Objective: To prepare cost estimate at the 60%, 100% and final design that reflect an accurate cost
of construction.
Approach: The following approach applies:
. To use historical construction costs for Bremerton and costs obtained through other
data sources, including vendors and suppliers, to develop detailed unit costs and total
costs by project elements.
Deliverables: Work products will include:
. A detailed cost estimate will be included with the design documents at the 30%, 90%,
and final submittal.
Assumptions: The following assumptions apply:
. The estimates will include contingence.
. The City will provide recent bid tabs from similar projects.
. There will not be an "independent" cost estimate.
TASK 10 PIPELINE DESIGN (60% AND 100%)
Objective: To design the gravity and pressure pipeline system to serve the Gorst UGA as set forth in
the Final Facilities Plan and Basis of Design developed in Task 3, in compliance with
DOE requirements and terms of the City grants/loans.
Approach: The following approach applies:
City of Bremerton
Gorst UGA Sewerage Project
Scope of Work
7
236-1896-085
May 2009
· Establish alignments and profiles to serve the Gorst UGA based on survey data
developed in Task 4 and utility data obtained in Task 6.
· Size the pipes based on DOE standards and flow data established in the Basis of
Design, Task 3.
· Coordinate the pipeline design with the pump station locations and design, as well as
geotechnical conditions determined in Task 5.
· Establish the pipeline alignment and depths based on right-of-way constraints and
permit requirements.
. Develop 60% design documents and outline specifications for review.
· Develop 100% design documents and specifications for review. The 100% documents
will incorporate review comments from the 60% review.
· Develop final bid documents (plans and specifications) incorporating the 90% review
comments.
· Provide internal review and quality control of the work through the design and at the
time of document submittal.
Deliverables: Work products will include:
)
· 60% drawings, specifications, and Engineer's Opinion of Probable Cost (EOPe) (PDF
electronic copy).
. 100% drawings, specifications, and EOPC (PDF electronic copy).
. Anticipate a drawing set of 45 sheets.
· Bid set contract documents (drawings and specifications); one full-size (22" x 34")
unbound signed drawing set; one half-size (11" x 17") unbound signed drawing set;
one unbound set of specifications; PDF electronic copy of full-size, half-size, and
specifications on CD.
. EOPC with bid set contract documents (PDF electronic copy).
Assumptions: The following assumptions apply:
· Project CADD standards will be Auto CADD Civil 3d 2008. Prepared at 20 scale.
· Specifications shall be EJCDC General Conditions as amended by the City Standard
Supplemental Conditions. The design team will prepare the technical specifications for
Division 2 through 16. Divisions 0 and 1 will be developed jointly with the City.
. The design will include an estimated 45 drawings:
TASK 11 PUMP STATION DESIGN (60% AND 100%)
Objective: Prepare SB-3 and SB-4 drawings and specifications for two package pump stations based
upon the Gorst Facility Plan, project meetings, and further project discussions with the
City of Bremerton
Gorst UGA Sewerage Project
Scope of Work
8
236-1896-085
May 2009
City. EOPC will be based on the local construction environment at the time of estimate,
and will incorporate appropriate contingencies for the level of estimate.
Approach: The following approach applies:
· Establish design flows based on readjustment of the drainage basins tributary to the
two pump stations.
· Coordinate pump station design needs through Consultant, such as geotechnical
investigation, permitting, surveying, etc with Consultant.
· Develop 60 percent design drawings and specifications for review. The 60 percent
drawings will show the site layout, building limits, and indicate the proposed
equipment.
· Develop 100 percent design drawings and specifications for review. The 100 percent
drawings will incorporate review comments from the 60 percent review.
· Develop final bid documents (design drawings and specifications), incorporating the
90 percent review comments.
· Prepare an Engineer's Opinion of Probable Cost (EOPC) at the 60 percent, 100
percent, and bid-ready stages of design.
· Attend and participate in up to two community meetings.
· Provide internal review and quality control of the work throughout the design,
including review of the 60 percent and 100 percent design submittals, and bid ready
submittal. Review the EOPC at each submittal stage.
Deliverables: Work products will include:
· 60% drawings, specifications, and EOPC. (PDF electronic copy).
· 100% drawings, specifications, and EOPC. (PDF electronic copy).
· Bid set contract documents (drawings and specifications). One full-size (22" x 34")
unbound signed drawing set estimated to include 40 sheets; One half-size (11" x 17")
unbound signed drawing set; One unbound set of specifications; PDF electronic copy
of full-size, half-size, and specifications on CD.
· EOPC with bid set contract documents (PDF electronic copy).
Assumptions: The following assumptions apply:
· Design will be for two package pump stations relying on the ROM-TECH or equal
package station as the basis of design.
· Project CADD standard will be AutoCADD Civil 3D 2008. Project will use Microsoft
Office 2007 for word processing, spreadsheets, etc.
· Weekly project team meetings will be a maximum of three hours in duration, include
two hours of travel time, and be attended by up to two Sub consultant staff. Twenty
project meetings are assumed. (
City of Bremerton
Garst UGA Sewerage Project
Scope of Work
9
236-1896-085
May 2009
. Community meetings will be a maximum of four hours in duration, include two hours
of travel time, and be attended by up to two Subconsultant staff.
. Shoring and dewatering design will be the responsibility of others.
. Suitable electrical power is available at each site.
. A corrosion investigation is not included.
. Site plan drawings will be prepared at 20-scale for "full size" (22" x 34") sheets,
which will be provided at reviews at half-size (11" x 17"). Architectural, structural,
mechanical drawings will be prepared at scales required to present the design.
. Specifications shall be EJCDC General Conditions as amended by the City standard
supplementary conditions. Provide applicable technical specifications for Divisions 2
through 16. Division 0 and 1 will be developed with the City.
. The budget is based upon production ofthe estimated 15 drawings:
TASK 12 PRIVATE SYSTEM CORRECTION DESIGN (60% AND 100%)
Objective: To design the "standard" low pressure pumping and pipeline system to connect up to 60
residential properties currently on septic tank into the new gravity system serving the
Gorst UGA in compliance with State and County regulations.
Approach: The following approach applies:
. Based on alternative grinder pump manufacturers, the City will determine the system
to be used for this project.
. The City staff will meet with individual property owners and provide input to the
Parametrix team as to the location of the system on private property.
. Based on input from the City and the Health District, prepare 60% design documents
that show location and sizing of the system on private property and the connection to
the public system developed in Task 10, as well as specifications for review.
. Develop final bid documents (plans and specifications) incorporating the 60% review
comments.
. Provide internal review and quality control of the work throughout design and at the
time of document submittal.
. Individual drawings will be prepared for each property to be connected to the new
system.
DeliverabJes: Work products will include:
. 60% drawings, specifications, and EOPC.
. Bid set documents (estimated 25 drawings and specifications) and EOPC.
Assumptions: The following assumptions apply:
City of Bremerton
Gorst UGA Sewerage Project
Scope of Work
10
236-1896-085
May 2009
· Properties to be connected to the new system will be determined by the City working
with the Health District.
· Designs will only be developed for those properties to connect to the new system.
· Procedures will be prepared that outline the responsibilities of the property owner, the
City, and the Contractor to install the system (including piping and electric wiring) and
decommission the existing septic system.
· The private system connection phase of the project will be bid separately from the
pipeline and pump station phase.
· CADD or graphic standards to depict the private system will be determined by the
City.
· Specifications will be developed jointly with the City during the 60% design phase.
TASK 13 PREPARATION OF BID DOCUMENTS AND ASSISTANCE DURING BIDDING
Objective: To prepare bid documents for the two construction packages consistent with the City
standards and bidding procedures.
Approach: The following approach applies:
· To coordinate the plans and technical specifications to avoid conflicting references and
to coordinate Division 0 and Division I for consistency and conformance to City legal
requirements and terms of the grants and loans funding the project.
. Assist the City during the bidding process.
Deliverables: Work products will include:
· Camera ready plans and specifications for the two bid packages for printing and
distribution by the City.
. Responses to RFI's during bidding.
. Prepare addendums.
Assumptions: The following assumptions apply:
· The pipeline and pump station will be bid as one package and the private system
connections as a second bid package.
. The City will print and distribute the bid documents.
TASK 14 QAlQC
Objective: To provide high quality, complete documents to the City.
Approach: The following approach applies:
City of Bremerton
Gorst UGA Sewerage Project
Scope of Work
11
236-1896-085
May 2009
· The responsible party prepares the design to review the documents during the
development phase, but to have a separate and independent review by Parametrix prior
to delivery to the City.
Deliverables: Work products will include:
· There will not be a separate deliverable under this task.
Assumptions: The following assumptions apply:
· There will be ongoing reviews and quality control during design with a formal review
prior to submittal to the City of all deliverables.
TASK 15 SUPPORT TO RIGHT-OF-WAY ACQUISITION AND PRIVATE SYSTEM
NEGOTIA TIONS/AGREEMENTS
Objective: To support and assist the City with the acquisition of right-of-way and the securing of
applicable documents/agreements for the installation of the grinder pump and pressure
pipes on private property.
Approach: The following approach applies:
· To provide design, drafting, and production support as needed.
Deliverables: Work products will include:
· Deliverables to be as determined by the City to include:
~ 11"xI7" map of each parcel developed during Task 12
~ checklists
~ "cut sheets"
Assumptions: The following assumptions apply:
· The level of support will be as directed by the City.
PHASE 02 CONSTRUCTION SERVICES
The Phase 02 tasks relate to construction services and are a part of this Scope of Work, however, will be
developed further during the design and bid document phase of work.
TASK 01 Services during Construction
Objective: To. provide services during construction related to the pipeline, pump stations, and
connections of private systems.
Approach: The following approach applies:
· Attend Pre-Construction Conference.
City of Bremerton
Gorst UGA Sewerage Project
Scope of Work
12
236-1896-085
May 2009
· Receive, log, review, and track submittals, RFI's, Shop Drawings, and Equipment
O&M Manuals related to the pump stations.
· Review submittals, redline edit, and submit back to the City.
· Conduct daily site visits for observation.
· Attend 60 construction meetings and responp to questions.
· Distribute Change Orders to the Contractor.
· Receive, log, review, and track submittals (e.g. Requests for Information (RFI's), Shop
Drawings, Equipment O&M Manuals) submitted to the City. Review submittals,
redline edit, and submit back to the City and Contractor.
DeliverabJes: Work products will include:
· Reviewed submittals.
· Daily inspection reports.
· Site visit observation reports.
· Responses to Construction Meeting questions.
· Technical contents of Change Order.
· Facility O&M Manual.
Assumptions: The following assumptions apply:
· Construction for the pipeline and pump stations will occur simultaneously by the same
Contractor.
· Construction Period is 15 months in duration.
· The contract to connect existing homes will be a separate contract.
· Parametrix will not provide any material testing.
· The level of effort and budget will be developed during Task 13.
City of Bremer/on
Garst UGA Sewerage Project
Scope of Work
13
236-1896-085
May 2009 .
EXHIBIT B
Schedule
10
Task Name
-T
-'-T
3
"-',,-'-
Notice to Proceed
Verification of Fadlity Plan Assumptions/Concept
Survey -
Geotech
30% Pipeline Design
6 30% Pump St~tion Design
~~._ ~,=] utilitY Locates/Pothole
8 I Utility Relocation
--9'- Bid Packages
"-"10-- Cost Estimates
11 90% Pipeline Design
'12 . 90% Pump Station Design
-'13 90% Connection of Existing System Design
- ~14'- Temporary Erosion Control
---15 Construction'TraffIc Control
-1'6 ..... Right otWay/Easements
17 Constructibility"Review
. - 18 Permits: Local, WSDOT, R/R
~- Pre~Qua'lify Contractors
--20-... 30% City/AgencyReview
--~':i1---i 90% City/Agency Review
- -22' -. City/Agency Review FINAL
23 100% Pipeline Design FJNAl
24" '100% Pump Station Design FINAL
~- -- 100% Connection of Existing System Design
. -26 -. Coordination with Operations
'. -"27' 30% ONQC
.. "26-' 90% ONQe.
29100%ONQC
30 PS&E
~ Weekly Project Meetings
--- K,;f - Health District Coordination
-'-53-- Public Information
... '54--- Public Meelings
57 One':on.One Meetings with Property Owners
58 AD/Award
'59-~- Project Management
Project: Gorst Sewer Schedule,mpp
Date: Tue 4/21/09
Task
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Page 1
EXHIBIT C
Fee Schedule
PARAMETRIX
Form 01-PD-40IRev 1116109
City of Bremerton
Gorst UGA Sewerage Project
BUDGET SUMMARY
Check
Phase
No.
1
1
1
Task
No.
Description
Design and Bid Documents
Project Management
Project and Public Meetings
jlabor Infl8tion_UbconSUltant
Amount Adjustment Labor Subtotal Expenses Expense Mark-up Expense Subtotal Subconsultants Sub Mark-up Subtotal Total
Rates 100.0% 15.0% 5.0%
Org
$19,859 ~19,859 -$15;450
$27,982 $27,982 $24,300
Signatures
$773
$1,215
$18,223
$25,515
$38,081
$53,497
1 3 Planning Verification/Basis of Design
1 4 Survey and Mapping
1 5 Geotechnical Services
__~~ Utility Coordination/Reloca.t~.~.
__~_~rmitting ______~_
1 8 Construction Traffic Control
1 9 Cost EstImating
-1-----w--- Pipeline Design
1 11 Pump Station Design
1 12 Private System Connection Design
1 13 Bid Document Preparation/Support
1 14 QAtQe
1 15 R/W and Private System Support
1 16 Support servicesa
Design Total
$5,760 $5,760
$28,384 $28,384
$3,589 $3,589
$13"721 ----. $13,721 I---
$18,181 --- ~-$18,181~-
$14,434 '~4,434
$11,298 $11,298
$184,161 __ $184,161
$5,120 $5,120
$65,305 $85,305
$11,852 $11,852
$7,818 $7,818
$18,318 $18,318
__+_$30,000f-_ $30,000
$5,760
$28,384
------- ---- $48,000 $2,300 $48,300 -~
$13,721
-- -_._--~- $18,181
---- -- $14X:i4
$11,298
~--- -$184,161
$122,250 $6,113 $128,363 $133,483
$65,305
$5,000 $250 $5,250 $17,102 Project Manager - Date
$8,000 $400 $8,400 $18,018
----- $18,318
..-- $30,000
2
2 1
ConstructIon Services
Services During C_onstruction
Construction Services Total
f--- -
.- --- ---
-.-.------ --~~-
j------;-- -.----- ~---j----------
--1----
----- ----
---- ------------.-
.1------
--
--r----
Division Manager ~ Date
---- -------- ----~----
----------~-----.------ ---~r_-~--
---------------_._-~----- ---- ----.-
--1-----
,------
~---,----- f------
Principal. Date
----~------ ---- .---- - -------- f---.------ ------ 1---
--~- ---f------------~-- ------f-- ----
--.---~--------~---- ----- ------- ---- _._-1------- ----
-~--------------~- --------
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----- -- -------.--
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-----
---------- -~-
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--
--
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--------~r___---------- --------- ------- -------,-- -- ----
.---- ------ ---------~-------------- --------
---.------------~-----r_--- -- ------------------ --.-~----__________
----- --
------- -~--_.~-
--- -----
n__ __
I
TOTAL
$483,577
l~d~3f5.7i7.
$221,000
$11,050llliralI.Wo;;"-"'4?;P!i9 $695,627
Project Delivery System
Page 1 of 1 - SUMMARY
File Name: Budget.xls
Date Printed: 5/20/2009
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DATE SUBMITTED: May 6, 2009
BILL# Oq - Je2S
AGENDA BILL.
CITY OF BREMERTON
CITY COUNCIL
7A
........................................................................................
SUBJECT: Public Hearing and Ordinance
No.~ to vacate roadways within Bay
Vista (formerly known as Westpark) and
reserving certain easements in the City of
Bremerton.
Committee Meeting Date: May 13,2009
COUNCIL MEETING Date: May 20, 2009
Department: PW &U Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The Bremerton Housing Authority (BHA) wishes to redevelop the World War II
vintage housing area known as Westpark. BHA has petitioned the City of Bremerton to vacate all the
roadways within the boundaries as Bay Vista Commons assisted senior housing complex. As phases
of development are completed, BHA will be conveying new roadways to the City. This right-of-way
is Class I, as it was conveyed to the City in fee title by quit claim dated August 10, 1951.
Cpmpensation will be paid in the form of a dedication of like-kind in Bay Vista to the satisfaction of
the City for the relocation of the roadway for the anticipated redevelopment of Bay Vista.
ATTACHMENTS: 1.) Ordinance No.5bS/; 2.) Aerial Exhibit; and 3.) Staff Report.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~.~~~
CONSENT AGENDA 0
GENERAL BUSINESS 0
PUBLIC HEARING
RECOMMENDED MOTION: Move to pass Ordinance #50 8l to vacate roadways within Bay
Vista (formerly known as Westpark) and reserving certain easements in the City of Bremerton.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. 50e i
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of roadways
within Bay Vista (fomlerly known as Westpark) and reserving
certain easements in the City of Bremerton.
WHEREAS, Bremerton Housing Authority has initiated the vacation to facilitate
redevelopment of Bay Vista in the City of Bremerton.; and
WHEREAS, the City passed Resolution No. 3080 setting a hearing date to
consider the vacation of roadways within Bay Vista, which resolution also set a hearing to take
public comment or consider written objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said right-
of-way filed written objections to this action prior to the time set for public hearing herein; and
WHEREAS, a public hearing was held with proper notice on May 20,2009, in the
City Council Chambers of the Bremerton City Hall to take public comment or consider written
objections to the vacation; and
WHEREAS, this is a Class I Right of Way and compensation will be paid in the
form of the new roadway dedication in Bay Vistapursuantto BMG 1 L20;140(D);and--
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WHEREAS, the City Council has directed the preparation of an ordinance
vacating roadways in Bay Vista; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
herein.
SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth
SECTION 2. Vacation. That portion of roadways within Bay Vista, formerly
known as Westpark, in the City of Bremerton, as described in Exhibit A, which is attached and
incorporated herein by this reference, is hereby vacated to the abutting property owners.
Vacation of Roadways within Bay Vista
and Reservation of Easements
SECTION 3. Reservation olEasements.
(a) An easement is reserved for Comcast for operation, maintenance and repair of
cable lines over, under and upon the entire area vacated pursuant to this ordinance.
(b) An easement is reserved for Qwest for operation, maintenance and repair of
telephone lines over, under and upon the entire area vacated pursuant to this ordinance. .
(c) An easement is reserved for Cascade Natural Gas for operation, maintenance and
repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance.
(d) An easement is reserved for the City of Bremerton, Public Works and Utilities
Department for construction, operation, maintenance and repair of City utilities over, under and
upon the entire area vacated pursuant to this ordinance.
SECTION 4. Vested Rights. No vested rights shall be affected by the provisions
of this ordinance.
SECTION 5. Severability. If anyone or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Ellective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2009.
CECIL MCCONNELL, Council President
Approved this
day of
,2009.
CARY BOZEMAN, Mayor
2
Vacation of Roadways within Bay Vista
and Reservation of Easements
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2009.
,2009.
3
Vacation of Roadways within Bay Vista
and Reservation of Easements
Exhibit A
LEGAL DESCRIPTION
THAT PORT ION OF THE SOUTHEJ\.ST QU]\.HTER OF' SECTION 16 AND THE
NORTHEAST QUARTER OF THE NORTHEAST QUARTER SECTION 21, TOWNSHIP
24 NORTH, RMTGE 1 EAST, 1-JILLPJ;IETTE MERIDIAN, IN KITSAP COUNTY,
WASHINGTON, BEING MORE PARTICULARLY [JESCRIBED AS FOLLOlfiIS:
COJVJMENCING AT THE NORTHEAST CORNER OF SZUD SECTION 21; THENCE
SOUTH 01059'38N WEST, ALONG THE EAST LINE OF SAID SECTION 21, A
DISTANCE OF 919.82 FEET TO THE NORTHERLY MARGIN ARSENAL WAY AS
SHOWN ON AN UNRECORDED PROPERTY SURVEY DATED OCTOBER 19, 1940,
OBTAINED FROM THE CITY OF BREMERTON (MAP NO. 1340);
THENCE NORTH 60046'29N WEST, ALONG SAID NORTH ~~RGIN, A DISTANCE
OF 33.74 FEET TO THE WESTERLY 1-1A.RGIN OF OYSTER BAY AVENUE P.ND THE
TRUE POINT OF BEGINNING;
THENCE NORTH 60046'29" WEST, ALONG THE NORTHERLY MARGIN OF SAID
ARSENAL WAY, A DISTANCE OF 317.22 FEET TO THE NORTHEASTERLY
MARGIN OF STATE ROUTE NUMBER 3 AS SHOWN ON SHEET 4 OF 9 SHEETS,
ARSENAL WAY TO CHICO RIGHT OF WAY APPROVED BY THE STATE HIGHWAY
COt1MISSION ORDER, DATED SEPTEMBER 22, 1964 AND SHEETS 2 AND 3 OF
9 SHEETS, ARSENAL WAY TO CHICO RIGHT OF WAY AND LIMITED ACCESS
MAPS, DATED DECEMBER 17, 1971, PREPARED BY THE STATE OF
WASHINGTON DEPARTMENT OF HIGHWAYS;
THENCE NORTHERLY ALONG THE NORTHEASTERLY MARGIN OF SAID STATE
ROUTE 3 THE FOLLOWING COURSES:
THENCE NORTH 32015'47" WEST, A DISTANCE OF 214.67 FEET;
THENCE NORTH 37017'58" WEST, A DISTANCE OF 148.44 FEET;
THENCE NORTH 41038'21" WEST/ A DISTANCE OF 221.49 FEET;
THENCE NORTH 42051'14N WEST, A DISTANCE OF 525.68 FEET;
THENCE NORTH 31032/38" WEST, A DISTAt\TCE OF 101.98 FEET;
THENCE NORTH 42051'14'/ WEST, A DISTANCE OF 53.69 FEET;
THENCE NORTH 03012'58" EAST, A DISTANCE OF 40.00 FEET;
THENCE NORTH 44007'31" WEST, A DISTANCE OF 1338.86 FEET TO THE
BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE NORTHEAST HAVING
A RADIAL BEARING OF NORTH 42037'24" EAST A1W A PJmIU3 OF lj.2/.10
FEET;
THENCE NORTHWESTERLY ALONG SAID CURVE, AN ARC LENGTH OF 327.22
FEET, THROUGH A CENTR.l\L 1\NGLE OF 12016' 38";
THENCE NORTH 13045'07" WEST, l\ DISTA1>fCE ()F 179..:3.3 FEET;
THE1'TCE NORTH 85052'07" 1tJEST, A DISTANCE OF' 24.28 FEET;
lEE.NeE NORTH 08"351'33" '0JES'I', A DISTP.-NCE OF 7.35 FEET TO THE
EASTERLY MARGIN OF ]\~'{SENAL 'iJJ-"-''[;
THENCE LEAVING ,SAID NORTEE.~:3T:C0.::"-". ~L-S::':=~'-~':::)-=~~"=S ::.::':-.-== ~'-'_-;::::=2:~_ ~;
}'T:~rFl.'TH _~J=lo::lC' JJN E7\:'=:'?f _7'.~_~:~='J:~; ,S]~.I~ EAS'TE}~LY I.1ARGIN,
. .. -. " .;' j I
_'_0-........... .- ...........................
. -~. '.,
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- -i.- ;'-.L-::..f<:':;:N rJF FITSAP WAY
A DISTANCE OF
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~~T~\~2
S<-'!~;'"7';;;-
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-. -. - --- ---
;,,::- ~i-,~:=,ivr~~T.-/- :~:T.,;;'~
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....'......1.';'>....,....-1.-1.:..:....,
TO THE SOUTH, Hi\'VING l-i. CHOPD LINE [fJHICH BE1J,RS SOUTH 82057'01"
EAST, A-ND A DISTANCE OF 121.70 FEET P.J\JD TERMINATES AT CS STATION
133+21.7, AS SHOWN PER RECORD OF SlmVEY RECORDED UNDER RECORDING
NUMBER 200901160038, RECORDS OF SAID COUNTY, SAID SPIPAL CURVE
HAS A SPIRAL LENGTH OF 1.21.75 FEET;
THENCE SOUTH AND EAST ALONG THE SOUTH HARGIN OF SAID KITSAP WAY
THE FOLLOWING COURSES:
THENCE SOUTHEASTERLY ALONG SAID CENTRAL CURVE, CONCAVE TO THE
SOUTH, HAVING A RADIAL BEARING OF SOUTH 10026'28" VIlEST, AND A
RADIUS OF 900.00 FEET;
THENCE CONTINUING ALONG SAID CURVE AN ARC LENGTH OF 20.45 FEET,
THROUGH A CENTRAL ANGLE OF 01018'07" TO THE POINT ON CURVE
STATION OF 133+00, AS SHOWN PER SAID RECORD OF SURVEY;
THENCE SOUTH 11044'35" WEST, ON A RADIAL BEARING WITH SAID CURVE,
A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A TANGENT CURVE,
CONCAVE TO THE SOUTH HAVING A RP~DIUS OF 890.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE, AN AR.C LENGTH OF 38.83
FEET, THROUGH A CENTRAL ANGLE OF 02029'58" TO THE BEGINNING OF AN
EULER SPIRAL CURVE CONCAVE TO THE SOUTH, HAVING A CHORD LINE
WHICH BEARS SOUTH 68029'36" EAST, AND A DISTANCE OF A 347.20
FEET,
THENCE CONTINUING ALONG SAID SPIRAL AN ARC LENGTH OF 347.75 FEET;
THENCE SOUTH 64057'29" EAST, A DISTANCE OF 298.32 FEET TO
CENTERLINE STATION 126+00, AS SHOWN PER SAID RECORD OF SURVEY;
THENCE SOUTH 25002'31" WEST, A DIST~~CE OF 10.00 FEET;
THENCE SOUTH 64057'29" EAST, A DISTANCE OF 297.43 FEET TO THE
BEGINNING OF AN EULER SPlRAL-CURVEpCONCAVE TO' THE NORTH;-HAVINGA
CHORD LINE WHICH BEARS SOUTH 65015'09" EAST, AND A DISTANCE OF
103.71 FEET;
THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL LENGTH OF
103.71 FEET;
THENCE NORTH 24010'15" EAST, A DIST~-NCE OF 15.00 FEET TO THE
BEGINNING OF AN EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A
CHORD OF SOUTH 69054'38" EAST, AND A DISTANCE OF 267.49 FEET TO
CS STATION 119+42.7', AS SHOWN PER SAID RECORD OF SURVEY;
THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL LENGTH OF
267.83 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO
THE NORTH, HAVING A RADIAL BEARING OF NORTH 14014'34" EAST, AND A
RADIUS OF 1015.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE AN ARC LENGTH OF 78.57
FEET, THROUGH A CENTRAL ANGLE OF 04026'06" TO THE BEGINNING OF AN
EULER SPIRAL CURVE CONCAVE TO THE NORTH, HAVING A CHORD LINE
WHICH BEARS SOUTH 80017'07" EAST, AND A DISTANCE OF 3.41 FEET;
THENCE SOUTHEASTERLY ALONG SAID SPIRAL CURVE A SPIRAL CURVE
LENGTH OF 3.41 FEET;
THENCE SOUTH 66038'58" EAST, A DISTANCE OF 16.16 FEET TO STATE
ROUTE NUMBER 21 POINT OF TANGENCY STATION 71+50.8, AS SHOWN PER
SAID RECORD OF SURVEY, F~D THE BEGI~~ING OF A NON-TANGENT CURVE
CONCAVE TO THE NORTH, HAVHTG J\ Rl\DIl-\L BE1\RINc; OF NORTH 231)21' 02"
EAST, T-\ND A RADIUS OF G):3. 00 FEET;
THENCE CONTINUING ALONG SAID CURVE, J\N ARC LENGTH OF 345.96 FEET,
THROUGH A CENTHAIJ ANGLE OF 31049' 00", TO POINT OF CUnVATURE
STATION 68+32.6, AS SHO\I\[N PER ~)AID RECORD OF SURVEY;
THENCE NORTH 81032' 02" F~AST, A DISTANCE OF 293.17 FEET TO THE
WESTERLY MARGIN OF OYSTER BAY AVENUE;
THENCE LEAVING SAID SOUTH IvlJl..RGIN OF SA~D KITS1\P liiJF"Y, SOUTH
01004' 57" WEST, ALONG S1UD ~'JESTERL.:{ HARGIN, A DISTANCE OF 1584.35
FEET TO THE SOUTH LINE OF SAID SECTION 16;
THENCE CONTINUING ALONG SAID WESTERLY MARGIN OF OYSTER BAY
AVENUE, SOUTH 01059'38" WEST, A DISTANCE OF 903.94 FEET TO THE
TRUE POINT OF BEGINNING;
THOSE PORTIONS FOR ROAD RIGHTS OF WAY LYING WITHIN THE ABOVE
DESCRIBED ARE TO BE VACATED, EXCEPT THAT PORTION OF RUSSELL ROAD
LYING WITHIN PARCEL 'E' AS SHOWN ON RECORD OF SURVEY RECORDED
UNDER RECORDING NUMBER 20090110038, BOOK 71 OF SURVEYS, PAGES
238-246, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID PORTION WAS
CONVEYED TO THE CITY OF BREMERTON BY THE BREMER TON HOUSING
AUTHORITY WITH DEED RECORDED UNDER AFN-200712260295.
MARATHON DEVELOPMENT
TAYLOR R. SCHULTE, PLS
BRH JOB. NO. 2007186.05
MARCH 02, 2009.
BUSH, ROED AND HITCHINGS, INC.
2009 MINOR AVENUE EAST
SEATTLE, WA 98102
(206)323-4144
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STREET VACATION REQUEST
ROADWAYS WITHIN BAY VISTA
ENGINEERING STAFF REPORT
CITY COUNCIL HEARING DATE:
PREPARED BY:
May 20, 2009
Gunnar Fridriksson
SUMMARY
Applicant: Bremerton Housing Authority
clo Nancy Rees Austin, Development Manager
P.O. Box 4640
Bremerton, WA 98312
Location: Bay Vista, formerly known as Westpark, Re-Development
BACKGROUND
The applicant for this right of way vacation is redeveloping the existing housing
development known as Bay Vista, formerly Westpark. Bay Vista is a development
originally constructed by the United States of America as housing for shipyard workers
during World War II. After the war, the housing development was transferred to
Bremerton Housing Authority who continues to run the site today. The redevelopment
of Jh~~ntife _ site began with the construction of the- Firs -II assisted senior- housing- ..
complex and the relocation of the northerly portion of Russell Road. The appticant will
be completing the redevelopment of the site in phases with each new phase dedicating
new roadways to service the area. The new streets will provide better overall operating
characteristics for the area and superior function to the existing roadways.
RIGHT-OF-WAY CONDITIONS
EXISTING ROADWAY
NEW ROADWAY
· Functional Classification
· R-O-W Width
· R-O-W Areas
· Pavement Width
· Surface Type
· Curb and Gutter
· Sidewalks
Local Access
Varies
301,032 sq. ft.
Varies
Concrete
Standard curb
4 foot sidewalk
Local Access
Varies
944,048 sq. ft.
Varies
Asphalt
Standard curb
5 foot sidewalk
February 2009
Vacation of Roadways within Bay Vista Redevelopment
Page 1 of 5
HEARING CONSIDERATIONS
BMC 11.20.120 sets forth issues that the City Council needs to determine at the
conclusion of the Vacation Hearing. These issues and the staff position are:
1. Whether the street, alley or portion thereof is no longer required for public
use and vacation of the described portion will better serve the public good.
Staff Position:
With the redevelopment of the site, the existing roadways will not be required for
public use. The relocated roadways will be superior in public access and
function.
2. Whether the vacation is consistent with the City Comprehensive Plan.
Staff Position:
The proposed vacation does not conflict with the Comprehensive Plan, and
facilitates development of the Bay Vista project.
3. Whether continued use of the proposed vacation as a public way is not of
such public benefit as to justify the costs of maintenance.
Staff Position:
Maintenance costs of the newly constructed roadways will be comparable to the
cost to maintain the existing streets.
4. Whether substitution of a ne\\,. Cl.n~. ~i.ff~~~rlt thgrQl,.lghfare would be more
. .usefoltolhEf"public: - -.
Staff Position:
Traffic circulation characteristics for the new roadways will be under the auspices
of the Bay Vista redevelopment plan and will be superior to the existing streets.
5. Whether conditions may so change in the future as to provide a greater
public use or need than presently exists.
Staff Position:
The relocated roadways will be consistent with future redevelopment of Bay Vista
and is expected to meet future public transportation needs.
6. Whether objections to the proposed vacation are made by owners of
private property abutting the same.
Staff Position:
The petitioner, Bremerton Housing Authority, is the only abutting property owner.
\
February 2009
Vacation of Roadways within Bay Vista Redevelopment
Page 2 of 5
SHORELINE ACCESS
This portion of right-of-way does not provide shoreline access.
UTILITIES
All private utility companies have been contacted. Cascade Natural Gas, Owest and
Comcast will retain easements. Permanent utilities easements are to be reserved for
the existing City water, sewer and storm lines. All existing utilities will be relocated with
each new phase of construction. Said easements will be vacated upon dedication of
the new alignment for the roadways.
SUFFICIENCY OF SIGNATURES
The request for the vacation was made by 100% of the owners abutting the property to
be vacated. '
COMPENSATION
This right-of-way is Class 1, as it was conveyed to the City in fee title by quit claim dated
August 10, 1951. The value of the vacated right of way is $2,212,240, which is based
on the average property value of the abutting properties weighted on a front footage
basis. Compensation will be paid in the form of a dedication of like-kind in Bay Vista to
the satisfaction of the City for the relocation of the roadway for the anticipated
redevelogrl1~l"1t QfBay Vista'n Ifalike:-kind dedication is not. made within five (5) years~- ,
'then-the City may, upon demand, require payment of the then current assessed value.
STAFF RECOMMENDATION
City Attorney, Police, Fire, Engineering and Community Development staff notes no
objections to the proposal.
Staff recommends that this Street Vacation be approved as requested with easements
reserved for all existing and future utilities. Said easements to be vacated upon
dedication of the new roadways and utilities.
February 2009
Vacation of Roadways within Bay Vista Redevelopment
Page 3 of 5
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ILookimg ~~ from ttJlTe olllill!lQfillioo of RllJSSefll /Rood to 1!Itle ITTeW' P€11rt1rOO wil~ tine 1Fi:trs IIII
de\reIOfpmemt.
li YlPiG~ exiS11iimg 1tr000simg at die sd:e.
IF eI!l,warry 200!
Vaca1lioo 0Jlf R~a)ts wit1liFil~ Bay. 'ViSta Re<iie~'0pmet:iTtt
JPage 5 mt 5