HomeMy WebLinkAbout02/03/2010 AGENDA r
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CITY COUNCIL 345 6� Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280
**AMENDED***
� FEBRUARY 3, 2010
CITY COUNCIL MEETING AGENDA
1. BRIEFING 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. I nvocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION 8� ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting — January 20, 2010
C. Minutes of Study Session — January 27, 2010
D. Ordinance No. 5102 to amend Bremerton Municipal Code (BMC) Chapter 18.06 entitled
"Ambulance Services"
E. AW81'd COt1tPaCt t0 PROSPECT CONSTRUCTION INC. for construction of the Bremerton UV
Treatment Facility
F. Approve Contract with PoTE�CO, Irvc. for Puget Sound Energy (PSE) Power Relocation
and Easement for Relocated Utility
G. Professional Services Agreement with Pat�annETRix for Washington Avenue Sewer
Replacement Pre-Design
H. Professional Services Agreement with SHaNNON & Wi�soN for Washington Avenue Sewer
Replacement Geotechnical Support
I. Acceptance of EPA Grant for South Kitsap Industrial Area (SKIA) Sub-Area Plan
6. PUBLIC HEARING
A. Public Hearing to seek input on the Hazard Identification and Vulnerability Assessment
7. GENERAL BUSINESS
A. Resolution No. 3109 authorizing the City to execute the Local Agency Agreement for
Bremerton Highway Safety Program
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
� Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's O�ce at (360) 473-5323 by noon on the Monday preceding the Council meeting.
�
COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISIT YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
" DATE SUBMITTED: Z/3/2010
AGENDA BILL
CITY OF BREMERTON
, CITY COUNCIL
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SUBJECT: Committee Meeting Date:
COUNCIL MEETING Date: February 3, 2010
Claims & Check Register Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
I�'ISCAL IlVIPACTS (Include Budgeted Amount):
APPROVALS: �
DEPARTII�NT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR: �
COMIVIITTEE CHAIIt
COUNCIL PRESIDENT: CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARTIVG ❑
REC�MNIENDED MOTION:
1) Check #'s 335861 through 336098 and EFT's 9518 through 9567 in the amount of $1,379,831.87.
2) Regular Payroll for the pay period ending January 15, 2010 in the amount of $804,104.00.
, 3) Regular Payroll for the pay period ending January 31, 20I0 in the amount of $746,069.04.
4) Retiree Payroll for the pay period ending January 31, 2010 in the amount of $83,349.16.
I COUNCIL ACfION: � Appmve ❑ Deny ❑ Table ❑ Coirtinue ❑ No Action
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:�TTACNNiENTS: iVleetin� Minutes for 7`c�.1�e�.Qrt� Z-o� �--o l d
�ISC��L IMPACTS (Inclucie Budgetcd Amount): N/A
�PPROVAI,S:
DEPARTMENT D[RECTOR: Council President
C'fTY ATTORNEY: N/A
�INANCE DIRECTOR: N�A
�1��YOR: ' N/A
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DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, January 20, 2010
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
January 20, 2010, at 5:00 PM in Council Conference Room 603 of the NoRM DicKS GovERNMErvr
CENTER 345 6` Street, Bremerton, Washington, with Council President Nick Wofford presiding.
Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy
Runyon, Adam Brockus, Cecil McConnell and Jim McDonald. Also present were City Attorney
Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith.
A CourvCi� BRiEFiNG was then held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation
provided by Pastor Roaer HenniQan of Apostolic Life Tabernacle.
MAYOR'S REPORT
• Discussed her attendance at the Martin Luther King, Jr. celebration on Monday, and thanked
Council Member Adam Brockus for reading the proclamation on behalf of the City;
• Announced that the first draft of the report from the PROTHMarv GROUP will be available on
Friday;
• Received reports from City Directors at the gathering of her Transition Team today; and
• Supported the School Levy resolution to be discussed later this evening.
PUBLIC RECOGNITION � ANNOUNCEMENTS
H. Emilv Moshav mentioned that she was pleased to see several tattered American flags at
various City parks have been replaced due to the quick response from City Parks Director Wyn
Birkenthal.
CONSENT AGENDA
A. Check Numbers 335505 through 335860; EFT-9465 through EFT-9517; and 1001 to 1002 in
the amount of $;3,834,859.92; and Regular Payroll (payouts and corrections) in the amount of
$64,493.15 for the pay period ending December 31, 2009
B. Minutes of Meeting — January 6, 2010
C. Minutes of Study Session — January 13, 2010
D. Approval of 2010 KiTSAP PHYSiciarvs SERVicE (KPS) Premium Rates and Underwriting Criteria
E. Purchase of Easement from Roger Aiken for Water Service Line
F. Approvat of proposed Schedule 74 Conversion with Pu�ET Sou►v� ErvER�Y in conjunction with
the Manette Bridge Replacement Project
G. Resolution No. 3104 to change the name of Magnuson Way to Schley Boulevard
H. Resolution No. 3105 authorizing the City of Bremerton to execute American Recovery and
Reinvestment Act (ARRA) Drinking Water State Revolving Fund (DWSRF) Loan Amendment
B for the UV Treatment Facility Project
I. Resolution No. 3106 authorizing the Extension of Existing Letter of Credit with Revenue
Bonds, 2003 (Kitsap Regional Conference Center Bank of America, N.A. relating to the City's
Weekly Rate Demand Parking Garage)
J. Resolution No. 3107 authorizing an Interfund Loan to the Harborside Plaza and Commons
Fund form the Water Fund
05:38:45 M/S/C/U (Runyon/Brockus) Move to approve the CotvsErvT A�Erv�a as presented.
City Council Reg. Mtg. Minutes
Wednesday, January 20, 2010
Page 2 of 4
GENERAL BUSINESS
6A — RESOLUTION NO. 3108 SUPPORTING THE SUBMISSION TO THE VOTERS TO RENEW
THE BREMERTON SCHOOL SUPPORT LEVY FOR TAX YEARS 2011 TO 2014: The Council
wishes to express support of the renewal of the Bremerton School Support Levy for tax years 2011
to 2014. The renewal collection rate for 2011 is the same as in 2010 and voter approval would
mean continuation of current funding levels for the Bremerton School District.
Several members from " Citizens for Good Schools and the Bremerton School Board were in
attendance to thank the Council Members for showing their support, and to encourage the entire
community to also show their support for the renewal of the Bremerton School Support Levy on
the upcoming ballot in February. A rally is planned this Friday at severat intersections and a
second rally will be held February 6.
05:44:15 The Main Motion was made and seconded... Council Members Runyon• Brockus.
Wheeler. Robinson, and Maupin provided addifional comments of support prior to the vote...
05:48:15 M/S/C/U (Arends/Brockus) Move to adopt Resolution No. 3108 supporting the
submission to the voters to renew the Bremerton School Support Levy for tax years 2011 to 2014.
66 — APPROVAL TO HIRE DIRECTOR OF FINANCIAL SERVICES ABOVE STEP 1 OF THE
PAY BAND; AND TO CONFIRM HER APPOINTMENT TO THE POSITION: Mavor Lent pointed
out that Bremerton Municipal Code Chapter 2.50, Section 0.32(a) requires Council confirmation for
the appointment of a department director and approval for an initial salary rate which exceeds Rate
1. Council confirmation and approval is requested to appoint Barbara A. Stephenson as Director of
Financial Services at Pay Rate 5 of Band 22. Ms. Stephenson has 36 years of work experience of
wfiich 18 are primarily in non-profit and the public sector. This includes 3 years in various
positions with Boeing, 7 years as ar� assistant vice president and branch manager for Security
Pacific Bank, 11 years as executive director of United Way of Kitsap County, and 7 years as
elected Kitsap County Treasurer holding a key position of public trust in the financial affairs of local
government for Kitsap County. Ms. Stephenson attended Bellevue Community College majoring
in Business Administration and banking schools at Lewis and Clark College in Oregon and at the
University of Washington. She has received many professional achievements and awards
throughout her career and served on many committees and boards some of which she was
appointed to by Governors Lowry and Locke. Ms. Stephenson is also an active participant in many
community volunteer activities.
John Teter expressed comments in support of the appointment.
Bill North respectfully asked the Council to approve the appointment.
05:58:30 The Main Motion was made and seconded... Council Members then began their
discussion. . .
Mr. McConnell clarified that the position description for the Fire and Police Chief does not require
a 4-year degree, but does for the Financial Services Director. He admitted the rest of the
experience of Ms. Stephenson is impressive but he could not support her confirmation due to the
lack of the required degree.
Mrs. Arends spoke favorably of Ms. Stephenson, and felt it was a mistake to not confirm her
appointment.
Mr. Mauqin continued the discussion and explained the history on the decision to require a 4-year
degree for any Financial Services Director. He stated that to confirm this appointment would be
abdicating his responsibility as a Council Member.
City Council Reg. Mtg. Minutes �
Wednesday, January 20, 2010
Page 3 of 4
Mr. Wheeler expiained that he had an opportunity to be a part of the interview panel for Barbara
Stephenson and thoroughly reviewed her resume, and therefore would support her hiring.
Ms. Robinson expressed support to hire Ms. Stephenson because she valued experience over
the need for a degree.
Mr. Runvon asked what role Ms. Stephenson has played since there is no current director at the
county level. Mavor Lent explained that Ms. Stephenson has worked with former finance directors
to develop budgets. '
Mr. McDonald felt the issue has come down to whether her experience can replace the need for a
degree, and he believed it could and therefore would support the confirmation.
06:12:57 M/S/C (Brockus/Arends) Move to confirm and approve the appointment of Barbara
Stephenson as Director of Financial Services at Pay Step 5 of Band 22, effective upon passage.
Voted in favor of the Motion: Brockus, Runyon, Wheeler, Robinson, Arends, and McDonald
Voted opposed to the Motion: Maupin, McConnell, and Wofford
Motion carried: 6-Yes; 3-No
6C — AMENDMENT TO DESIGN/BUILD AGREEMENT WITH DILLON WORKS! INC. FOR
CUSTOM SCULPTURES AT 4 STREET � PACIFIC AVENUE: President Wofford emphasized
that since this item was not on the agenda, a super majority would be required in order for this
item to pass. Mr. Maupin explained that he changed his mind and proposed to amend the
contract for the sculpture to go back to the more whimsical concept with the fish catching the
fisherman.
There were no comments.from the public...
06:13:50 M/S/C (Maupin/Runyon) Move to amend the Design/Build Agreement with Dillon Works!
Inc. for the sculpture at 4 & Pacific Avenue to have the "fish catching the fisherman".
Voted in favor of the Motion: Runyon, Wheeler, Arends, Maupin, McDonald, Brockus, Wofford
Voted opposed to the Motion: Robinson and McConnell
Motion carried: 7-Yes; 2-No
COUNCIL MEMBER REPORTS
Will Mauain discussed his attendance at a recent Puget Sound Regional Council (PSRC) Growth
Management Policy Board meeting.
Carol Arends credited Martin Luther King, Jr. for the impact his non-violent movement has had on
society and is glad that society has moved forward since that time.
Dianne Robinson announced on behalf of Sally Santana that a spaghetti feed to raise funds for
the Haitian people will be held on Sunday, January 24 from 3:00 to 6:00 PM at the Brownsville
United Methodist Church located at 8811 Illahee Road. For more information, please contact
(360) 621-6266.
Greq Wheeler discussed recent meetings with Larry Eyer of Kitsap Community Resources (KCR),
Kurt Weist of Bremerton Housing Authority (BHA), and Officer Larry Hall of the Bremerton Police
Department; and attended the Grand Opening last week for the new downtown business Retro
Dogz as well as the celebration for Martin Luther King, Jr.
City Council Reg. Mtg. Minutes
Wednesday, January 20, 2010
Page 4 of 4
Adam Brockus announced the next District 3 Community Meeting would be held on Tuesday,
January 26 and topics wiil include the School Levy and the Manette Bridge.
Cecil McConnell welcomed Barbara Stephenson to the City.
Jim McDonald attended the Newly Elected Officials workshop in Lynnwood last Friday and
Saturday and was pleased to see that Bremerton was already on top of several issues that were
expressed as concerns from other cities; and also met with Ruth Enderle of the Admiral Theatre
on Tuesday.
Nick Wofford also offered congratulations to new Finance Director Barbara Stephenson.
06:22:24 The Council recessed for a 15-Minute Executive Session to discuss "Rea/ Estate
Acquisition"per RCW 42.30.110 (1)(b). No action was anticipated...
With no further business, President Wofford adjourned the Council Meeting at 6:35 PM. The
Council reconvened in the Council Conference Room for a STU�Y SESSiotv for a briefing by the
Council President and to discuss General Council Business.
Pre red and Submitted b:
�
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
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.�TT��CHI�IENTS: �teeting Minutes for T��n t�0�.r'y a 7 . a-o I b
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�[SC��L IMP��CTS (Include Bud�eted Amount): N/A
.�PPROVALS:
DEPARTMENT D[RECTOR: Council Presiclent
('(TY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
�1�1YOR: N/A
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DIGITAI RECORDING
CITY COUNCIL STUDY SESSION MINUTES
January 27, 2010
A Study Session 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 6`� Street
Bremerton, Washington, Wednesday, January 27, 2010, at 5:00 PM, with Council President
Nick Wofford presiding. Council Members present were Will Maupin, Carol Arends, Greg
Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald. Council Members Adam Brockus
and Dianne Robinson were absent due their attendance at the Association of Washington Cities
(AWC) Legislative Action Conference in Olympia. Council Assistant Christine Grenier was
present to provide staff support.
President Wofford 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.
A. NO DISCUSSION PLANNED - The foHowing items are budgeted items or have been
reviewed by the appropriate Council Committee; and will be placed on the next Council
Meeting Agenda for action:
1. Proposed ordinance to amend Bremerton Municipal Code (BMC) Chapter 18.06 entitled
"Ambulance Services"— Fire Chief AI Duke; and Will Maupin, 2009 Chair of the Public
Safety, Parks, & Planning Committee Consent
2. Proposed public hearing seeking input on the Hazard Identification and Vulnerability
Assessment — Fire Chief AI Duke; and Will Maupin, 2009 Chair of the Public Safety,
Parks, & Planning Committee Public Hearing
3. Proposed resolution authorizing the City to execute the Local Agency Agreement for
Bremerton Highway Safety Program — Phil Williams, Public Works & Utilities Director;
and Dianne Robinson, Chair of Public Works Committee Consent
4. Award Contract to PROSPECT CONSTRUCTION INC. for construction of the Bremerton UV
Treatment Facility — Phil Williams, Public Works & Utilities Director; and Dianne
Robinson, Chair of Public Works Committee Consent
5. Approve Contract with PoTE�CO, Itvc. for Puget Sound Energy (PSE) Power Relocation
and Easement for Relocated Utility - Phil Williams, Public Works & Utilities Director; and
Dianne Robinson, Chair of Public Works Committee Consent
B. FULL DISCUSSION PLANNED
6. Presentation on the Solid Waste Comprehensive Plan — Dean Boening, Operation
Manager, Kitsap County Solid Waste Division Information On/y
7. Professional Services Agreement with Pat�annETRix for Washington Avenue Sewer
Replacement Pre-Design — Phil Williams, Public Works 8 Utilities Director; and Dianne
Robinson, Chair of Public Works Committee Consent
8. Professional Services Agreement with Shannon and Wilson for Washington Avenue
Sewer Replacement Geotechnical Support — Phil Williams, Public Works 8� Utilities
Director; and Dianne Robinson, Chair of Public Works Committee Consent
9. Acceptance of EPA Grant for South Kitsap Industrial Area (SKIA) Sub-Area Plan —
Andrea Spencer, Director of Community Development; and Will Maupin, 2009 Chair of
the Public Safety, Parks, & Planning Committee Consent
10. Presentation on "Public Officials Liability Training" — Ken Bagwell, Assistant City
Attorney; and Thelma Swem, Risk Manager Information Only
City Council Study Session Minutes
Wednesday, January 27, 2010
Page 2 of 2
11. The Mayor updated the Council regarding a possible project at the Max Hale Center,
ongoing review of internal processes by the PROTHnnArv GROUP, and the budget. City
Attorney Roger Lubovich provided an update on the Municipal Court. Information Only
C. GENERAL COUNCIL BUSINESS
1. Council Committee Chair Reports:
Cecil McConnell announced that the Audit Committee elected him as Chair and Carol
Arends as Vice-Chair, and that the committee adopted the work plan for 2010 during its
meeting last week. He added that Council Members are welcome to submit ideas at any
time to any of the committee members for consideration.
Rov Runvon stated that the next Public Safety, Parks, 8 Planning Committee will be
held on February 3 and a new chair will be selected at that time.
2. Other General Council Business:
Carol Arends planned to attend the next Puget Sound Regional Council (PSRC)
Executive Board and Operations Committee meeting tomorrow by teleconference.
Gres� Wheeler looked forward to the reception for the USS PENNSY�varviA tomorrow.
Jim McDonald announced that Kitsap Regional Coordinating Council (KRCC)
Transportation Policy Board has released a list of projects for this year.
Will Mauain will be attending a Kitsap Transit Board retreat on Friday.
President Wofford announced that any issues requiring research should be directed to
him for review followed by assignment to Council staff; and if any Council Member has a
meeting out of town, that he/she should contact Council staff to make arrangements for
use of a City vehicle.
President Wofford adjourned the Study Session at 7:14 PM.
Prepared and Submitted by:
�- „���i
CHRISTINE GRENIER
Council Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
I)A"I'F: SUZ3I�tI"I°CI:I): 1-6-10
AGENDA BILL . �
CITY OF BREMERTON �
C[TY COUNCIL
.......................................................................................�
SUBJECT: Ordinance # 5/4�.. Committee Meeting Date: 1-2I�-10
amending BMC Chapter 18.06 entitled COUNCIL MEF..TING Date: 2-3-10
Ambulance Services. Department: Fire '
Presenter: A1 Duke, Fire Chief
Phone: 473-5380
SUMMARY: The proposed ordinance would amend BMC Chapter 18.06 entitled Ambulance
Services. The modifications relate to insurance requirements, 911 rotation schedule and response
times.
ATTACHMENTS: Proposed Ordinance # 5 l ��.
FISCAL IMPACTS (Include Budgeted Amount): None �
APPROVALS: ,,
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR: .�
COMMITTEE CHAIR
COUNCIL PRESIDENT: ,: % �. �� CONSENT AGENDA �
,'� �� GENERAL BUSINESS ❑
� PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to pass Ordinance # J' � �� modifying BMC Chapter I 8.06 entitled "Ambulance
Services."
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
ORDINANCE NO. r J 10 �
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 18.06 of the
Bremerton Municipal Code entitled "Ambulance Services.
WHEREAS, the City Council desires to update the provisions of Chapter 18.06 to
modify the insurance provision, the 911 rotation schedule and response times; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 18.06 of the Bremerton Municipal Code
entitled "Ambulance Services" is hereby amended to read as follows:
Chapter 18.06
AMBULANCE SERVICES
18.06.010 DEFINITIONS.
For the purposes of this chapter, the following definitions shall apply: -
� (�a) "Advanced life support (ALS)" means those services requiring medical
treatment by a certified paramedic.
� (�b) "Aid call" means any 911 initiated call, request or dispatch for emergency
medical treatment.
� (�c) "Ambulance" means any privately or publicly owned ground transportation
vehicle that is especially designed, constructed, equipped, maintained or used for the
transportation of patients who aze sick, injured or otherwise incapacitated, which is operated
as part of an ambulance service.
(4d) "Ambulance service" means any person, as defined in this section, who
operates an axnbulance for hire which is either stationed within or �te�- outside the City
limits or dispatched from within or ��e�- outside the City limits to pick up injured or sick
fares within the City or which makes trips to the City, from points outside its City limits, for
the purpose of transporting sick or injured fares from points within the City; provided,
however, That the provision of this chapter shall not apply to any ambulance which shall pass
through the City in the delivery of fares picked up at points beyond the limits of the City.
� (�e) "Basic life support (BLS)" means those medical services which can be
performed by one who is a certified emergency medical technician.
� (g fl "Cencom (911)" means the Central Communication Emergency Dispatch
Center.
� (�g) "Communication system" means two-way radio communications equipment
necessary for communication between ambulances, dispatchers, hospitals and other agencies
as needed, including those with a four (4) band multifrequency capability.
� (�h) "Department" means City of Bremerton Fire Deparhnent.
� (3i) "Emergency" means a situation or patient condition (i) in which either of the
administration of a drug (except oxygen) or initiation of an intravenous line is performed; or
(ii) in which a person requesting ambulance assistance requires immediate response by
medically trained personnel; or (iii) which an EMT would assess, in the interest of good
patient care, to require the assistance of at least a paramedic certified pursuant to Chapter
18.71 RCW and regulations promulgated thereunder.
� (�-9j) "Emergency medical technician (EMT)" means a person who is certified as
such by the Secretary, pursuant to Chapter 18.73 RCW and regulations promulgated
thereunder.
� (-�-1-k) "Mutual aid" refers to situations in which a licensed nonemergency BLS
ambulance service is required, as determined by the Department, to make ambulances and
personnel available for emergency response under the City's direction.
� (�1) "Patient" means an individual who is sick, injured, wounded or otherwise
incapacitated or helpless.
� (�m) "Person" means any individual, firm, partnership, association, corporation,
company, or group of individuals acting together for a common purpose or organization of
any kind, including any governmental agency other than the United States.
� (-�-4n) "Secretary" means the Secretary of the Department of Health of the State of
Washington.
18.06.020 APPLICABILITY.
(a) The provisions of this chapter shall apply to nonemergency BLS ambulance
services operating within the City of Bremerton limits.
(b) Ambulance services providing ALS and BLS interfacility transports shall
follow the guidelines established under Chapter 18.71 RCW, Kitsap County EMS Council
and Kitsap County Medical Program Director.
18.06.030 LICENSE REQUIRED - APPLICATION.
(a) No person, firm, or corporation shall operate or cause to be operated an
ambulance or ambulance service within the City without first obtaining a Washington State
verification and license in addition to a City business license. No person, firm, or
corporation, other than the Deparhnent, shall operate or cause to be operated emergency ALS
ambulance service within the City limits, except as provided in BMC 18.06.090.
(b) An application for a business license to operate an ambulance or ambulance
service shall contain the following information:
(1) A description of each ambulance, including the make, model, year of
manufacture, motor chassis and VIN number, together with current state license number, the
length of time the ambulance has been in use and the color scheme, insignia, name,
monogram or other distinguishing characteristics to be used to designate applicanYs
ambulance.
(2) The location and description of the place or places from which the
ambulance service is intended to operate and the number of licensed EMTs to be initially
employed. �
(3) In the event that the applicant is granted a license, the applicant shall
be required to immediately update its application when there is a change in any of the items
listed on the application. T'he failure of the license holder to update its application upon a
change in any of the required items will result in a violation of this chapter.
� (c) Upon receiving an application and the fee, the City ��shall forward the
application to the Fire Chief for review and approval. No license shall be issued unless the
Fire Chief is satisfied, pursuant to policies duly adopted, that (1) the applicant is properly
certified by the State; (2) the applicant's facilities, ambulances, and equipment meet State
and local standards; (3) employees of applicant are EMT certified and in good standing; (4) a
record check of the applicant and its employees shows no criminal convictions within five (5)
years prior to the date of application of federal, state or local laws involving the custody of
incapacitated persons, the custody of narcotic or controlled substances, or the use of motor
vehicles; (5) the applicant has fulfilled all the requirements of the laws of the state, including,
but not limited to, Chapter 18.73 RCW and Chapter 248-17 WAC, as those chapters
currently exist or are hereafter amended, pertaining to emergency medical care and
transportation services and ambulance rules and regulations; (6) the applicant has met all the
requirements of this chapter; (7) all personnel employed by the applicant are state certified
and have regular emergency vehicle driving training.
18.06.040 INSURANCE.
� �a,� Each ambulance service shall obtain from a reputable insurance company and,
at all times, maintain in full force the following insurance:
� , .
�,(1) Comprehensive General Liability insurance written
on an occurrence basis with limits no less than $1 000 000 combined sin le limit er
occurrence and $1,000 000 general a�gre ate for personal injur�bodily injury and ro�ert
dama�e•
� ��`"' ""'`'�' ''°'""+" � " '�' ' ,Automobile Liability insurance
� �.,..�.,���,
with limits no less than $1,000 000 combined sin�le limit per accident for bodil�jur�and
propert dama e• and
(3) -rxa,r�fa�;o;�1 i ;,. ��professional Liability insurance with limits no
less than $1,000 000 limit per occurrence/claim
�b Applicant shall provide an insurance certificate to this effect, naming the City
of Bremerton as an additional insured on the comprehensive general liability and automobile
liability policies prior to the issuance of a business license. Such policies shall also provide
� for not less than thirty (30) days' written notice to the Cit C�erk of intended cancellation of
coverage. The cancellation and/or termination of any such policy shall automatically revoke
and terminate any business license issued for the ambulance service, unless a substitute
insurance policy complying with the provisions of this section shall be provided and be in
effect at or prior to the time of such cancellation or termination.
18.06.050 AMBULANCES AND EQUIPMENT.
(a) Ambulances shall be maintained and inspected pursuant to requirements from
time to time adopted by the Secretary. All ambulance services shall provide the Deparirnent
with copies of reports of inspection submitted to the Secretary pursuant to RCW 18.73.145.
(b) Inspection by the City: In addition to any other inspection required by state
� law, the Department shall have the right to inspect the records, equipment, and accessories of
all ambulance services up to twice annually at the discretion of the Department. Additionally,
the Department shall conduct individual inspections of an ambulance service within three (3)
days of the receipt of any complaint about the ambulance service. Notwithstanding the above
required inspections or any other provision of this chapter, the Department may, at all
reasonable times, inspect the records, equipment and accessories of any ambulance service.
(c) T'he ambulance service shall pay an inspection fee for each inspection
required under this chapter and further shall pay an inspection fee as set forth in Chapter 3.01
BMC for each inspection prompted by complaint; provided, however, That no complaint-
prompted inspection fee shall be paid where the Chief of the Department has determined the
complaint to be unwarranted and without substantial merit.
All inspection fees shall be prepaid to the City Treasurer. Proof of payment must be
� provided before inspections commence. Any deficiencies identified during inspection shall
be remedied within thirty (30) days or the ambulance service business license shall be subject
to revocation.
(d) All ambulances and equipment storage and cleaning areas shall be subject to
inspection by the Department, during operating hours, to ensure that they are maintained in a
clean and functional state. Disinfection or chemical sterilization of reusable equipment must
meet guidelines established by the National Center for Disease Control.
(e) Each ambulance service shall take immediate action to eliminate any
unsanitary condition upon becoming aware of such and shall immediately correct any unsafe
situation as directed by the Fire Chief or the Secretary by written notice.
( fl Ambulances shall not be used without the minimum equipment prescribed by
the Secretary. In the event a variance from said requirements is granted by the State, the
licensee must notify the Department of the variance granted.
18.06.060 PERFORMANCE STANDARDS - COMPLIANCE - RECORDS.
(a) All services performed hereunder shall be in accordance with the standards
and principles of the course of instruction given EMTs or pazamedics, as the case may be, by
the State, and pursuant to local medical protocols established from time to time by the Kitsap
County Medical Program Director.
(b) Records of 911 initiated calls shall be logged by ambulance crews and shall
include the appearance and status of and treatrnent administered to injured, sick, or
incapacitated persons treated or transported. Copies of such records shall be mailed or
otherwise delivered to the Kitsap County EMS Office on a monthly basis, or more often if
requested for good cause. Subject to the requirements of the State Public Disclosure Act,
such records shall be confidential and shall be released only to proper officials of the City or
Kitsap County EMS Office.
18.06.070 EMERGENCY NOTIFICATION.
In the event a call for emergency medical assistance is received by an ambulance
service or a representative thereof, the caller shall be directed to call Cencom (9-1-1) and the
ambulance service representative shall also call Cencom (9-1-1).
18.06.080 RESPONSE TO 911 INITIATED AID CALLS.
(a) At each' aid call to which a Department ambulance responds, the Department
officer in charge shall determine whether the patient is in need of advanced life support
(ALS) or basic life support (BLS) services. If the officer decides that the patient is in need of
advanced life support services, the patient shall be transported to a hospital in a Department
ambulance if available. Provided, however, If the patient's medical interests would be best
served by transporting the patient by private ambulance, the officer in charge may arrange for
the patient to be transported in that manner.
(b) No effort shall be made by an ambulance service to assume the custody of a
patient before release of custody has been made by the Department officer in charge.
(c) It is unlawful for an ambulance service, in responding by vehicle to any call
requested by the Department, to use emergency lighting or siren, unless (1) responding to
emergencies or transporting a patient in accordance with the mutual aid provisions of this
chapter or (2) directed to do so by Department.
(d) In the event there is more than one ambulance service operating in the City
which seeks to participate in the 911 aid calls, a representative and/or representatives from
each ambulance service shall meet and devise a rotation schedule that shall be submitted to
I the ��i3�£-�er� Department unon request. Said schedule shall: (1) provide for only one
company to respond to 911 initiated aid calls during any given month; (2) include a twelve
(12) month rotation; (3) be amended only upon thirty (30) day notification to the City Clerk;
and (4) provide for substitution by other ambulance service companies in the rotation under
circumstances where an ambulance service has no ambulances available to provide service
I during its rotation. In the event a schedule is not submitted, the C--�-t3��e�-Department shall
prepare a rotation schedule that shall control the assignment of 911 aid calls to ambulance
services licensed under this chapter.
(e) Each ambulance service shall keep available an adequate supply of
ambulances, personnel and equipment which will enable it to respond to a 911 call for
assistance within ten (10) minutes of the time of the request ninety percent (90%) of the time,
and within fifteen (15) minutes the remainder of the time. Response times shall be measured
from the time of request for service is made from Cencom until the ambulance service arrives
� at the scene. The ambulance service mav be requested bv the Department to s�l-submit
monthly reports at the conclusion of its rotation stating response times for all emergency calls
served during its rotation.
( fl In the event that the ambulance service has no ambulances available for
emergency calls during its rotation, the ambulance service shall immediately advise the
Department and Cencom of such conditions, and shall further advise that the ambulance
service is unavailable to respond to any emergency until further notification.
18.06.090 MUTUAL AID.
(a) Each ambulance service shall cooperate with any request by the Department
for mutual aid assistance within Kitsap County.
(b) Each ambulance service shall equip its vehicles with radios capable of
receiving and transmitting on City and County Fire Deparhnent frequencies, which
frequencies shall be used by licensees only in the event of a request for service or a mutual
aid situation described herein.
18.06.100 RATES - FILING REQUIRED.
Each ambulance service at the request of the Department shall file with the
Deparhnent �::� ?c��Y �; �'° �• '*� *�� r�* �'� '- its current schedule of rates to be charged
i ♦aav vv'i�ir cr
for services. Such schedule or rates shall be a matter of public record open to public
I inspection in the �r.�� ���TFire Deparhnent's office during normal city business hours and
such schedule must be adhered to by the licensee throughout the period for which the license
is issued.
18.06.110 DENIAL OR REVOCATION OF LICENSE.
Any application for a business license and any business license issued pursuant to
Chapter 5.02 BMC may be denied or revoked for a violation of the provisions of this chapter
pursuant to the procedures set forth in Chapter 5.02 BMC relating to the denial and
revocation of general business licenses.
18.06.120 VIOLATION - PENALTY.
(a) Any violation of any provision of this chapter constitutes a civil violation
under Chapter 1.04 BMC for which a monetary penalty may be assessed and enforcement
may be required as provided therein.
(b) In addition to or as an alternative to any other penalty provided in this chapter
or by law, any person who violates any provision of this chapter shall be guilty of a
misdemeanor pursuant to BMC 1.12.020(2). Each day, or a portion thereof, during which a
violation occurs shall constitute a separate violation.
SECTION2. Severabilitv. If any one 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. Eff'ective 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 , 2010
� NICK WOFFORD, Council President
Approved this day of , 2010.
• � PATT'Y LENT, Mayor
ATTEST: APPROVED AS TO FORM:
CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of , 2010
EFFECTIVE the day of , 2010
ORDINANCE NO.
R:\Legal\Legal\Ordinances�Fire�Ambulance Services.ord.doc
DATE SUBMIT7�ED: January 20, 2010 �
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................,
SUBJECT: Award Contract for UV Committee Meeting Date: January 27, 2010
Treatment Facility Contract to Prospect COUNCIL MEETING Date: February 3, 2010
Construction Inc. Department: PW&U
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: Sealed bids for construction of the project titled "Bremerton UV Treatment Facility"
were opened on January 19, 2010. The Engineer's Estimate for this project was $3,550,000 for
Preference aand $4,250,000 for Preference I. Six bids were received for this project. Prospect
Construction Inc. was the lowest responsive, responsible bidder with a bid of $3,541,113.00 for
Preference 1(including estimated sales tax). Prospect Construction Inc. was also the lowest
responsive, responsible bidder with a bid of $2,942,972.00 for Preference 2(including estimated sales
tax).
ATTACHMENTS: 1. Council Summary; 2. Bid Tabulation� 3. At��Y►�►n-t
FISCAL IMPACTS (Include Budgeted Amount): Construction of this project is funded by Federal
Stimulus monies from the Drinking Water State Revolving Fund American Recovery and
Reinvestment Act of 2009 (DWSRF ARRA). The total project cost is estimated at $6,315,000. The
remaining funding of $300,000 will come from rate funds. $1,240,000 of rate funds were budgeted
for this project in the 2010 budget. �
APPROVALS: G ���� - �
DEPARTMENT DIRECTOR: �'
CITY ATTORNEY: �
FINANCE DIRECTOR:
MAYOR: �,
QU'�COMMITTEEYCHA R � -� �/'I �- �
COUNCIL PRESIDENT: CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to award a contract in the amount of $3,541,113.00 (including
sales tax) for Preference 1 with prospect Construction Inc. for construction of the project titled "UV
Treatment Facility Contract" and authorize the Mayor to finalize and execute the agreement with
substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
COUNCIL SUMMARY
UV TREATMENT FACILITY CONTRACT
Contract Summarv
The City is moving forward with the construction of the UV Treatment Facility for
the Union River surface water supply as required by the Long Term 2 SurFace
Water Treatment Rule. The ARRA funding requires that the entire project be
under contract for construction by February 17, 2010. To meet this deadline, the
-praject-must-be-corrapleted-on-a-"fast #rack"-sclaedule.- -The project will be - - - -
constructed in three phases as follows:
• UV Equipment Pre-purchase — Awarded January 19, 2010
• Site Preparation Contract — Awarded November 19, 2009
• Building Construction Contract — Award February 2010 �
The City has received approval from the Department of Health (DOH) and has
issued the Intent to Award letter for the UV System Procurement Contract. The
Site Preparation Contract was awarded on November 19, 2009 and the Building
Construction Contract has been advertised and bids were opened on January 19,
2010.
The Base Bid for the UV Treatment Facility Contract includes building
construction, installation of an emergency generator, installation of the owner
supplied UV Treatment equipment, installation of the chlorination system, final
grading, paving, fencing, landscaping, and connection to utilities. This contract
will continue the work which was begun with the Site Preparation Contract and
result in a complete and functional treatment facility.
The project was advertised with an Additive Alternate bid item which provides for
the installation of approximately 23,500 lineal feet of conduit and fiber optic cable
from Gorst to the McKenna Falls intake facility. In the bid documents, the scope
of work for Preference 1 includes both the Base Bid for the building and the
Additive Alternate fiber optic work. Preference 2 represents the Base Bid only.
Prospect Construction Inc. was the low bidder for Preference 1 with a bid of
$3,541,113.00 (including sales tax). There were four other responsive bids
ranging from $3,718,042.00 to $4,085,411.26 for Preference 1. The engineer's
estimate for Preference 1 was $4,250,000. One bid was thrown out due to errors
in the bid.
Prospect Construction Inc. was also the low bidder for Preference 2 with a bid
of $2,942,972.00 (including sales tax). The other bids for Preference 2 ranged
from $2,982,734.00 to $3,406,298.73. The engineer's estimate for Preference 2
was $3,550,000.
February 3, 2010
Council Summary
UV Treatment Facility Contract
Staff recommends award based on Preference 1 to Prospect Construction Inc.
for the amount of $3,541,113.00. Although this results in the potential obligation
of city funds to complete the work, there may be additional funding available from
DOH. Awarding the contract based on Preference 1 would result in leaving up to
$300,000 in stimulus funding unutilized which could then be diverted to other
recipients.
Fiscal Summarv
The total project cost, based on award of Preference 1, is currently estimated at
$6,315,000. The City has been offered, and has accepted, $6,060,000 in
forgivable principal Drinking Water State Revolving Fund (DWSRF) loan funds
for the work. The remaining funding of $300,000 will come from rate funds.
$1,240,000 of rate funds were budgeted for this project in the 2010 budget.
Feb�uary 3, 2010
Council Summary
UV Treatment Facility Contract
CITY OF BREMERTON
BID TABULATION
BID Bremerbon W Treatment OPENED
TITLE: Facili BY�
DATE January 19, TIME �;00 PM RECORDED BY:
OPENED: 2010 OPENED: C'.�t,c.(�-
NAME OF BIDDER BOND BID SALES TOTAL
TAX
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i APPARENT LOW BIDDER Engineer's Estimate: ,
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SECON lOW BID�R �
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I
AGREEMENT
SECTION 00500
THIS AGREEMENT is dated the day of in the year
by and between City of Bremerton (hereinafter cailed OWNER) and
(hereinafter cailed CONTRACTOR).
OWNER 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 Owner's
Contract Documents entitled "Bremerton UV Treatment Facility".
ARTICLE 2. CONTRACT TIMES.
Substantial Completion for the WORK for the entire Project must be achieved not later
than 380 calendar davs from the date of second Notice to Proceed (NTP) as described in
Section 01010. Final Completion and Acceptance of the Work must be achieved not later
than 30 calendar days after Substantial Completion.
ARTICLE 3. LIQUIDATED DAMAGES.
OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement
and that the OWNER 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 Article
12 of the General Conditions and Supplementary Conditions. They also recognize the
delays, expense, and difficulties involved in proving in a legal proceeding the actual loss
suffered by the OWNER if the WORK is not completed on time. Accordingly, instead of
requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER the
amount of $1,500 for each day that expires after the time specified in Article 2 herein for
Substantial Completion of the WORK and all fines levied against the City.
ARTICLE 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the
Contract Documents the amount bid for the Base Bid plus Bid Alternative 1, as shown in
Section 00300 — Bid Form.
Contract Price for the selected work is for Preference as
shown in Section 00300 - Bid Forms.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
(Contractor Initials)
City of Bremerton Agreement - 00500 - 1 110784
Bremerton UV Treatment Facility Contract Documents - December 2009
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the
following attachments to this Agreement:
• Notice Inviting Bids (Section 00030).
• Instructions to Bidders (Section 00100).
• Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid
Bond, and all required certificates and affidavits (Section 00300).
• Performance Bond (Section 00610).
• Payment Bond (Section 00620).
� General Conditions {Section 00700).
• Supplementary General Conditions (Section 00800).
• Technical Specifications as listed in the Table of Contents.
• Drawings as listed in the List of Drawings.
� Addenda numbers to , inclusive.
• Change Orders which may be delivered or issued after Effective Date of the
Agreement and are not attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract
Documents may only be amended by Change Order as provided in Paragraph 3.04 of the
General Conditions.
ARTICLE 7. INDEMNIFICATION. �
The CONTRACTOR and OWNER 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. The
CONTRACTOR and OWNER acknowledge and agree to the requirements for
indemnification in Section 00700 SC-6.20. The provisions of this article shall survive the
termination or expiration of this agreement.
ARTICLE 8. SUSPENSION OF WORK AND TERMINATION
The Contractor agrees to the right of the OWNER to suspend work or terminate this
agreement as indicated in Article 15 of Section 00700 (Standard General Conditions)
and Section 00800 (Supplementary Conditions).
(Contractor Initials)
City of Bremerton Agreement - 00500 - 2 110784
Bremerton UV Treatment Facility Contract Documents - December 2009
ARTICLE 9. 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 OWNER,
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 OWNER 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.
OWNER 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, OWNER and CONTRACTOR have caused this Agreement to
be executed the day and year first above written.
OWNER: CITY OF BREMERTON CONTRACTOR:
By By
[CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
License No.
Approved as to Form:
Agent for service of process:
(Signature)
(Title)
City of Bremerton Agreement - 00500 - 3 110784
Bremerton UV Treatment Facility Contract Documents - December 2009
i
DATE SUBMITTED: January 20, 2010
AGENDA BILL
�' �
CITY OF BREMERTON , _ _
CITY COUNCIL
� .......................................................................................
SUBJECT: Contract with Poteico Inc. for Committee Meeting Date: January 27, 2010
Puget Sound Energy Power Relocation and COLINCIL MEETING Date: February 3, 2010
Easement for Relocated Utility. Department: PW&U Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The City is moving forward with the construction of the UV Treatment Facility and
the project requires the relocation of approximately 700 feet of direct bury power lines. This work
must be done by Potelco Inc. as a subcontractor to PSE. The City has submitted an application to PSE
for this work and has received a letter agreement from Potelco with an estimate of the cost and an
easement for the relocated utility. The estimated cost of the work is $32,933.27 and will be
completed in coordination with the Site Prepazation contractor currently under contract.
ATTACHMENTS: 1. Council Summary; 2. Potelco Contract and Easement
FISCAL IMPACTS (Include Budgeted Amount): The total project cost is estimated at $7,240,000.
The City has been offered, and has accepted, $6,060,000 in forgivable principal Drinking Water State
Revolving Fund (DWSRF) loan funds for the work. The 2010 budget for this project is $5,640,000.
APPROVALS:
, i� � .
DEPARTMENT DIRECTOR. --- . � : .�-L.
CITY ATTORNEY: ��
FINANCE DIRECTOR:
MAYOR:
�t � �� � � � i
QU✓COMMITTEE�CHAIR � �✓I - �° t/
COUNCIL PRESIDENT: CONSENT AGENDA (�j
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve Contract with Potelco for Puget Sound Energy
Power Relocation and Easement for Relocated Utility and authorize the Mayor to finalize and execute
the agreement and easement with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
COUNCIL SUMMARY
Contract with Potelco Inc. for PSE Power Relocation and Easement
Contract SummaN
The City is moving forward with the construction of the UV Treatment Facility and
the proje�t requires the relocation of approximately 700 feet of direct bury power
lines. This work must be done by Potelco Inc. as a subcontractor to PSE. The
City has submitted an application to PSE for this work and has received a letter
agreement from Potelco with an estimate of the cost and an easement for the
relocated utility. The estimated cost of the work is $32,933.27 and will be
completed in coordination with the Site Preparation contractor currently under
contract.
Fiscal Summarv
The total project cost is estimated at $7,240,000. The City has been offered, and
has accepted, $6,060,000 in forgivable principal Drinking Water State Revolving
Fund (DWSRF) loan funds for the work. The 2010 budget for this project is
$5,640,000.
February 3, 2010
Council Summary
Contract with Potelco
� "' �� �P UG E T
- S
ENERGY
January 21, 2010
City of Bremerton
Attn: Ned Lever
3027 Olympus Drive
Bremerton, WA 98310
Re: NOA UV Water Treatment Facility — Electrical Utility Relocation Plan
8300 Qld Belfair Valley Hwy —101059942 — RW-074036
Dear Mr. Lever:
Puget Sound Energy received a request to relocate the existing underground pawer cables within
your property (parcel 352401-4-003-1007) and add two new vaults. In 1982 the City of
Bremerton signed an easement for the original line and vaults to be installed on this property and
it was recorded under Auditor's File No. 8208090052.
Puget Sound Energy can do the new work based on the existing easement; however PSE needs
for the City of Bremerton to sign t�low that they are in agreement to using the existing easement
rather than goin� through the process of amending the old easement because of the E�ibit "A"
(a drawing) ttiat was attached showing the underground line and two vaults (there will now be
four vaults).
Please sign below and return to this office to be filed with our easement files for future reference.
Return to Puget Sound Energy, Atm: Kitty Ogg, 6522 Kitsap Way, Bremerton, WA 98312.
If you have any questions regarding the existing easement or wish to discuss this further, please
feel free to call me in Bremerton, at (360) 475-'1078 or toll free at 1-800-321-4123, option #8,
extension 83-�078.
Sincerely,
i��
G ; '�
Kitty J. , SRJWA
Real Estate Representative
(Print Name: ) Title Date
Puget Sound Energy. Inc. � 6522 Kitsap Way • Bremerton. WA 98312
��
PUGET SUUIVD EMERGY �� „�
���
Pre-Construction Customer Check Off List
HDR Engineering 12/04/09
Isabel Rincon
Bellewe, WA. 98004
Re: Work order # 101059902
Dear Ms. Rincon,
To ensure the productive and timely conclusion of your pending electrical project, certain tasks must be
accomplished prior to entering the construction phase. A Potelco employee will inspect the jobsite up to five days
prior to the construction date. Please complete the site preparations before the inspector's arrival or the project will
be resche�uled.
The followin� items must be perFormed S worlung days prior to the construction date:
1. Complete all trenching (direct buried or conduit) with the proper sanding requirements for both Primary
and Secondary. (According to the specifications de�tailed on the enclosed design).
2. For setting a transformer or vault, the work pit must be open and the proper bedding of crushed rock
installed. (According to the specifications detailed on the enclosed design).
� 3. When splicing an existing Primary line, which requireti outages, a backhoe and operator must be on-site on
the scheduled construction date to backfill the primary. In order to energize the primary, the trench must be
backfilled.
4. The meter panel (temporary, remote, or permanent) requires inspecrion and approval by the Department of
Labor and Industries. The presence of an orange/ yellow sticker located on the meter panel indicates the
inspection is approval.
If unable to m�t the scheduled construction date, please contact me immediately with any potential delays.
I have read and understand all the listed requirements that aze n�essary prior to construction.
Customer Name: HDR Engineering Customer Signature:
(Isabel Rincon)
Sincerely,
` Dave Marsland
- Project Manager
6522 Kitsap Way �
Bremerton, WA 98312
Office: 360-340-0793
Note: All documents and payments requireti in your package must be signed and returned promptly in order to
secure a construcrion date.
'i
PSE ELECTRICAL FACILITIES
CUSTOMER SERVICE AGREEMENT AND GRADE �ETTER
FOR OPERATING RIGHTS, EXCAVATION 8 FINAL GRADE CERTIFICATION
OPERATING RIGHTS
Upon OwnerJRepresentahve andlor Developer (Deveioper herein� signature below, Puget Sound Energy
(PSE herein) shail have the right to construct, operate, maintain, repair, reptace, eniarge and extend its
electrical facilities to be located on Developer's property. Developer agrees to maintain a minimum of five
feet of clearance between the electrical facilities and buildings or other improvements on Developers
property as required by PSE's Standards. if it is determined by PSE that a recordable easement on
Developers property or other properly is necessary, it shall be the Developers responsibility to obtain such
easements in a form acceptabie to PSE.
As a condition of receiving electrical service for your project, when you provide the excavation for PSE's
etectrical facili6es, outlined below are some of the requirements and conditions associated with your
excavation work. if you need additional information, please call the PSE contact person listed below.
EXCAVATION REQUIREMENTS
1. Developer is responsible for acquiring utility locates by calling One-�all, 1-800-424�555 (except
in Kitsap Co. which is 1-800�53�4344) at least 48 hours (two fuil working week days) prior to
digging. The excavation must meet the requir+ements of the Washington Administrative Code
and Safety Standards.
2. Developer shall call the PSE contact person noted below for trench and raute approval prior to
starting excavation.
3. Developer is responsible for any damages caused to utilities by improper back fill and
compaction. The electrical primary trench must be between 36" and 48" deep. The electrical
service trench shall be 24" deep. All trenching and back fill must be free of sharp objects and
� construction debris. If required, Developer shall provide sand bedding and cover material on
"slte as instructed by PSE's Contact Person. A 12" lateral separation is required between PSE
electrical facilities and other utilkies.
4. There must be a 12' wide unobstructed area beside the trench to provide access for equipment
and mate�lals.
5. Th� vault excavation dimensions are noted on the attached work sketch. Yault holes must have
a solid level bottom with a minimum 6" crushed (5/8 minus) �ock bedding.
6. Developer shail provide tl�e excavation for PSE etect�icai factlities within the designed IocaUon.
Developer shail provide finai grade and staking of property lines prior to installation of PSE's
electrical facilities.
7. Developer wiil be financiaily responsible for the relocation of PSE's elect�ical facilities andlor
any damages resulting from dig-ins due to changes or variations in grade that are made after
the installation of PSE's electricai facilities.
FINAL GRADE CERTIFICATION
By my signing below, I certiiy that the electrical facilities work area shall be at final grade prior to
excavation. I assume fuU responsibility for my excavation worlc and the resutting location of these facilities.
Also, I agree to indemnify, defend and hotd harmless Puget Sound Energy from all liability arising out of, or
in connection with my work, including but not limited to all Gaims, losses, damages, and expenses,
including reasonable attomey's fees, wt�ich result from my failure to excavate within easement areas or
rights-of-way, or from digging without adequate rights on adjoining properties.
Date: Octobe� 16 Zoos Project Name HDR ENGINEERING
Owner/ Developer: HDR Engineering
(Signature) (Date)
P�oJect Address: 8300 Oid Belfair Valley Hwy, Bremerton, WA 98312
PSE Service Orde� #: 101059902 Project Manager Dave Marsland
Grade Letter - Electricai (form number)
P E T � �.� �°. �,.; �' ; c ''i � � � �
SOUND � �
ENERGY POTELCOINC � j��� 2 1 1':;,�� ;
A � fasha C�Omf S �
�.. �. .�:' �.,:._�.�-- •�.�....._.....��,�.�
� �4. ;��
�3T1U�+ � 8, 2�� �
City of Bremerton
3027 Olympus Dr.
Bremerton; WA. 98310
RE: (101059902) 8300 O/d BeKair Val/ey Rd. ,
Dear N1r. Ned Lever,
Betow is the cost estimate to_ relocate the existing 3-Phs. Underground primary for 8300 Old Belfair. Valley Rd,
Bremerton, WA. as you requested.
Youi project.has been assigned to me and will be coordinating a scheduled construction date within 5 working days
after ceceipt of payrrient for thisproject. Your check should be made out to Puget Sound Energy, reference work
order #101059902.
Cost Estimate:
Vault #1 8c 3 (V018c V03):
Labor. $4,318.74
�q�pment• $ 935.22
Sub-total: $5,253.96
Tax (c� 8.8% $ 462.35
Total: . $ 5,71631(1)
Materiai: $9,707.00
PSE Stores OH � 8% $ 776.56
Total:---- $10 483.56 j2)
Total $16,199.86 (1 & 2)
PSE OH �a, 15%: $ 2.31350
Total: $18,S13.36
Vault #2 (V02): Note: TD� i� PSE non-l�st cost installation- Customer's request
Labor. $1,081.96
EquipmeM: $ 299.10
Sub-total: $1,381.06
Tax (aZ 8.8% $ 121.54
Total:---- --------------------------__-----$1,502.60 (1)
Material: $3,556.48
PSE Stotes OH (a18% $ 284 52
Total: ----------� 3.841 00 (2)
Totai $5,343.60 (1 & 2)
PSE OH fa� l5%: $ 758.86
Tatal: Sb,102.46
PUGET �
SOUND
E"E�c�r POTELCOINC
A Camb �Icp Cmpaq
PSE's Line Extension Worksheet per Schedule-85
Vault #1 &3: $18,S13.36 x 1.2252 (Federal Income Tax) _ $ 22;682.57'
Vault #2: $ 6,102.46 x 1.2252 (Federal Income Tax)"= $ T,476.73
$ 6,102:46 x O.S365 (PSE's Lifetime Operations 8c Maintenance)
Note: Lifetime Operations & Maintenance appties for customer's requested PSE facilities installed beyond-
PSE's Least cost construction method = $ 3.273.97
Total Cost Estimate: $ 33,433.27
Desi�n Denosit $ - 500.00
Total cost estimate remaining. $ 32,933.27
This estirreate is valid for 90 days.
Please be advisecl that Puget Sound Energy has a 14%cost variance policy on this type of project Should the actual
costs vary by 10% or more you will either receive a refund or be billed for the difference based on the actual accrued
costs. Should yon cancel this project after payment is received you will be responsible for all costs incurred.
If you have any questions, please call me at (360) 340-0793.
Please.sign and return this document with your paymeut to:
Potelco Inc.
6522 Kitsap Way
Bremerton, Wa 98312
Attn: Dave Marsland
Sincerely,
��`'
Dave Marsland
Project Manager
Quanta Services/Potelco Inc (Service provider for PSE)
Acceptance Signature
Print Name
Date
--- - -- - - - i
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DATE SU[3MITTED: January 20, 2010 �--
AGENDA BILL '
CITY OF BREMER"fON �
CITY COUNCIL
.......................................................................................�
SUBJECT: Approval of Professional Committee Meeting Date: January 27. 2010
Services Agreement with Parametrix for the COUNCIL MEETING Date: February 3, 2010
Washington Avenue Sewer Replacement Department: PW&U
Pre-Design. Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: The City has negotiated a Professional Services Agreement with Parametrix, an
engineering consultant, to provide engineering services for pre-design of the Washington Avenue
Sewer Replacement project. This project will replace the Washington Avenue beach main with an
upland sewer system consisting of a combination of a gravity system and a low pressure sewer
system. Parametrix will provide engineering design support and related project management to
develop the pre-design report.
ATTACHMENTS: 1) Council Summary, 2) Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): The amount of the Professional Services
Agreement is not to exceed $81,488. The pre-design is funded by rates. The project is included in the
2010 budget.
APPROVALS: �
DEPARTMENT DIRECTOR: ' /
�
CITY ATTORNEY: ��
FINANCE DIRECTOR:
MAYOR:
-1 �� � .GPi
QUUCOMMITTEE''oCHAIR ' j�� (j�'--'��
COUNCIL PRESIDENT: CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Professional Services Agreement with
Parametrix for the Washington Avenue Sewer Replacement Pre-Design and authorize the Mayor to
tinalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTI0IY: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Washington Avenue Sewer Replacement
Contract Summarv
This project will construct an upland sanitary sewer system to replace the Port
Washington Narrows beach main, which coliects sanitary sewer from houses on the bluff
along Washington Avenue. The upland system will be a combination of gravity sewers
and low pressure sewers. This project was originally part of the scope of the Boardwalk
project, but was separated from that scope due to permit issues related to the
Boardwalk.
The City has negotiated a Professional Services Agreement with Parametrix to provide
engineering services for pre-design of the project.
Fiscal Summarv
' The cost of this PSA is $81,488. The 2010 budget is $250,000 and design is funded by
rates.
City of Bremerlon
PSA with Parametrix for Washington Avenue Pre Design
February 2010
PROFESSIONAL SERVICES AGREEMENT
Washington Avenue Sewer Replacement Predesign
The City of Bremerton ("City") and Pazametrix, Inc., ("Consultant"), refened 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 January 12, 2010, 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 sha11 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 $81,488.00. Consultant's chazges 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 sha11 not perform work beyond the Scope of Work, nor sha11 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.
Bremerton/Parametrix, Inc.
Washington Avenue Sewer Replacement Predesi�n
Page 1 of 6
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 aze 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
aze 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, representa.tives 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 similaz work.
As an independent Consultant, Consultant is responsible for its own management. The
City's adm'uustration 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 t�es or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional chazges
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 sha11 not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction deternune that this Agreement is subject to
RCW 4.24.115, then, in the event of liability 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 sha11 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 FUR'TI�R
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section sha11 survive the expiration or termination of this Agreement.
Bremerton/Parametrix, Inc.
Washington Avenue Sewer Replacement Predesi�n
Page 2 of 6
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant sha11
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 sha11 include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and
3. Ezcess LiabiGtv 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 sha11 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
a11 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 sepazately 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 sha11 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 covera.ge.
Bremerton/Pazametrix, Inc.
Washington Avenue Sewer Replacement Predesig�
Page 3 of 6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant sha11 furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be fiunished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant sha11 beaz no responsibility for its disclosure, ina.dvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant sha11 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, aze instruments of service
with respect to the project and aze 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 sha11 take a11 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 sha11 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 staf� 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.
Bremerton/Pazametrix, Inc.
WashinQton Avenue Sewer Replacement Predesi�n
Page 4 of 6
F. Severabilitv: 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 regazding 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
sha11 be deemed sui�ciently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address
City of Bremerton Parametrix, Inc.
City Clerk 4660 Kitsap Way, Suite A
345 6th Street Bremerton, WA 98312
Bremerton, WA 98337-1873
I. Waiver: Failure to enforce any provision of this Agreement sha11 not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement sha11 not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
ageements 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
sha11 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 sha11 pay all its own costs and attorney's fees.
N. Assi�nment: Any assignment of this agreement by the Contractor without the written
consent of the City sha11 be void.
VIII. Nondiscrimination: Consultant sha11 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 sha11 remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
Bremerton/Parametrix, Inc.
WashinQton Avenue Sewer Replacement Predesi�n ,
Page 5 of 6
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the temunating Party's sending notice to the non-performing Party. Any Notice by
Consultant sha11 include a report showing the status of a11 items listed in the Scope of Work
current through the ternunation date.
If the City receives reimbursement by any federal, sta.te, or other source for work described in
Section I herein, and that funding is withdraum, 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 Dela,ys: The right of Consultant to proceed shall not be temunated nor sha11
Consultant be chazged 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 aze
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 da.y� 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 sha11, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Ri ts Upon Termination: In the event of termination, the City shall pay for a11
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After ternunation, the City may take possession of all records and
da.ta 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: Patty Lent By:
its• Mayor its:
Date: Date:
Approved as to form: Attest:
Bremerton City Attorney City Clerk
R:U.EGAL\Contracts�FORMS�Professional Services Agreement Form (2003).doc
Bremerton/Pazametrix. Inc.
Washington Avenue Sewer Replacement Predesi�n
Page6of6
1 /12/2010
EXHIBIT A- SCOPE OF WORK
City of Bremerton
Washington Avenue/Sheldon Boulevard Sanitary Sewer
INTRODUCTION
Parametri�c has been asked by the City of Bremerton (City) to provide professional services to assist with
the evaluation and design of improvements within two azeas of their existing sanitary sewer system, as
part of the City's Boardwalk project. The first is the residential area along the Washington Narrows and
the abandonment of the eausting 6-inch force main along the shoreline and relocating the sanitary sewer to
Washington Avenue between 5� Street and Evergreen Pazk. The gravity sewer services of homes along
the steep shoreline will be converted to individual grinder pumps that will discharge to the new sanitary
sewer on Washington Avenue. The second is upgrading the sanitary sewer system serving the residential
area along Sheldon Boulevard and the abandonment of Sewage Pump Station CE3. The sewer
improvements to both areas will be addressed in a Pre-Design Report where alternatives will be
developed and evaluated based on capital and operation costs, and on impacts to the residences.
The A/E services of this work for improving the sanitary sewer systems in the above two areas will be
part of the Bremerton Boardwalk project and will be designated as Phase OS — Sewer System Design and
Bid Documents. This scope of work will be limited to office surveying support for updating the existing
topographic basemap and the Pre-Design Report of the project. A future amendment may be added to the
contract for design, permitting, bid assistance, and construction administrative services once the scope of
the project is defined from the Pre-Design Report. Geotechnical engineering services will be provided by
others under a separate contract with the City.
PHASE 05 SEWER SYSTEM DESIGN AND BID DOCUMENTS
TASK 01 PROJECT ADMINISTRATION
Objertive: To plan, organize, direct, control, and communicate all relevant activities set forth in this
Scope of Work within the approved budget and schedule.
Approach: Parametrix will routinely review project progress and communicate project status on a
regular basis. Communication will be through email and telephone, and with bi-weekly
project coordination meetings with the City and design team staf� This task will include
the following activities:
• Project administration includes scheduling maintenance, cost control, resource
allocation, sub-consultant management and routine communications.
• Develop a Project Work Plan and Schedule that includes:
➢ Preparing a project work plan and schedule.
➢ Submitting the schedule to the City for review and approval.
City of Bremerton 236-1896-063
Washington Ave./Sheldon Blvd Sewer Project 1 January 2010
Scope of Work
➢ Monitoring the schedule and updating as needed.
• Conducting a project kick off ineeting with Parametrix and City staff.
• Team coordination, including conference calls and internal meetings.
• Monitoring changes to the scope, budget or schedule and developing change
management strategies with the City.
Deliverables: Work products will include:
• Project Management Plan. >
• Minutes and meeting notes
• Bi-weekly action agenda
• Summary of issues identified during a monthly 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 ineetings of importance will be prepared.
• A bi-weekly action agenda will be updated and distributed.
• Monthly reports will be provided with timely invoices.
• Subconsultants will be responsive to meeting their assignments on time.
• Project related issues will be identified, communicated, and resolved.
• Attendance of public meetings in not included in this scope of work.
TASK 02 OFFICE SURVEYING SUPPORT
Objecdve: To provide office surveying support to update the existing topographic basemap of the
project area, this includes the backyards of the properties along Washington Avenue and
the existing gravity sewer system within the Sheldon Boulevard azea. The City will
provide all the field surveying effort and supply Parametrix with the survey data. The
survey work along Washington Avenue will to allow Parametrix to develop grade cross-
sections of the individual properties and determine the sewer service options under the
Pre-Design Report.
Approacb: The following approach applies:
• The field surveying will be limited to those areas between the top-of-bank of the
Washington Narrows, the edge of the existing homes, finish floor elevations of
buildings, and primary structures in the backyards.
City of Bremerton 236-1896-063
Washington Ave./Sheldon Blvd. Sewer Project 2 January 2010
Scope of Work
• Update the topographic data within the City's aerial survey mapping in the vicinity of
Washington Avenue with field data gathered by City staff.
• Upclate the sewer system data within the City's aerial survey mapping in the vicinity of
Sheldon Boulevard with field data gathered by City staff.
• Two meetings will be held between Pazametrilc and City to �coordinate the field and
office work for updating the basemap.
Deliverables: Electronic files of updated aerial mapping that will be used later in the project design
phase.
Assumptions: The following assumptions apply:
• The City will perform all the field surveying work and will be responsible for accuracy
of the survey data.
• The City will provide as-builts of recent sewer and water projects.
• The City's GIS database will be used to delineate street rights-of-way and easements.
• City of Bremerton records and files are conect.
TASK 03 PRE-DESIGN REPORT
Objective: Prepare a pre-design report that evaluates options for improving the existing shoreline
sewer collection system along the Washington Narrows, including identification of
property(s) that will need to be acquired by the City for these improvements, and for
evaluating options for abandoning the existing Pump Station #3 and upgrading the sewer
collection system along Sheldon Boulevard.
Approach: This task will include the following activities for the design report:
• Define service limits of the respective sewer collection system.
• Describe conditions of existing system and identify historic maintenance issues.
• Calculate future flow conditions based on zoning descriptions and future building
densities.
• Develop and describe two (2) collection system configurations for the Washington
Avenue sewer, including opinions of probable construction costs. Work will
include site assessments of elcisting residential homes along the beachfront and
how their existing sewer services will be abandoned and re-routed to Washington
Avenue. Site assessments for locating individual grinder pump stations will be
performed by Parametrix, the City, and the geotechnical subconsultant. Site plans
and cross-sections for each home will be prepared that show the proposed
improvements. Cross-sections will be hand drawn sketches and the site plans will
be based on the aerial basemap and the sewer improvements hand drawn.
Easements for sewer service routing will also be identified.
• Develop and describe two (2) collection system configurations for the Sheldon
Boulevard sewer and Sewage Pump Station CE3 abandonment or upgrade,
City of Bremerton 236-1896-063
Washington Ave./Sheldon Blvd Sewer Project 3 January 2010
Scope of Work
including opinions of probable construction costs. Work will include site
assessments of existing residential homes that will require individual grinder
pumps, hydraulic calculations for pump station upgrades, and sewer collection
upgrades within the residential area. Site assessments will be performed by the
City. Easements for sewer service routing will also be identified.
• Develop life cycle costs for the design alternatives.
• Identify recommended alternatives and provide justification.
• Coordination, communication, and attending (6) bi-weekly project meetings with
the City.
Deliverables: Work products will include:
• Draft Pre-Design Report
• Final Pre-Design Report.
Assumptions: The following assumptions apply:
• Parametrix's field work for locating grinder pump stations will be limited to only those
homes along Washington Avenue and access onto private will be coordinated by the
City.
• There is adequate front yard, side yard and reaz yard space to disconnect the private
system from the beach sewer and to connect the systems to a new sanitary sewer in the
Washington Avenue right-of-way.
• Improvements to Sheldon Boulevard will be limited to sanitary sewer utilities.
• Pazametrix will provide the topographic basemap for the design report, including
surveying of the edge of homes and the top-of-bank behind_ homes along Washington
Avenue.
• The City will survey the locations, elevations, and invert elevations of the existing
sewer system within the project limits. This data will be provided to Parametrix who
will update the existing aerial basemap.
• Participation by Parametrix in public meetings related to the project is not included in
this scope of work.
• Records of the existing systems will be provided by the City of Bremerton.
TASK 04 ADDITIONAL SERVICES
I j To cover the costs of project work items that are unforeseen by the City, a task budget of $7,500 is
; incorporated into this Contract. Labor effort will not be charged to this task unless authorized in writing
� by the City.
� .
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' Ciry of Bremerton 236-1896-063
i Washington Ave./Skeldon Blvd Sewer Psoject 4 January 2010
', Scope ofWork
i
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EXHIBIT B
Schedule
City PerForm Topographic Survey 2 weeks from NTP
Parametrix Complete Topographic Survey 6 weeks from NTP
Submit Draft Design Report 8 weeks from NTP
Finalize Design Report 2 weeks after final review
EXHIBIT C
Fee Schedule �
PHASE 5— DESIGN AND BID DOCUMENTS
Task 01 Project Administration .............................................................................$5,311
Task 02 Office Surveying Support ........................................................................$9,497
Task 03 Pre-Design Report ................................................................................ $59,180
Task 04 Additional Services .................................................................................$7,500
TOTAL..................................................................................................$81,488
,
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DATE SUBMITTEU: January ?0, 2010 ,
' AGENDA BILL ���'
CITY OF BREMERTON
CITY COUNCIL
■������������������������������������������������r��������������������������������������
SUBJECT: Approval of Professional Committee Meeting Date: January 27, 2010
Services Agreement with Shannon & Wilson COUNCIL MEETING Date: February 3, 2010
for Geotechnical Services in support of the Department: PW&U
Washington Avenue Sewer Replacement Presenter: Michael Mecham
Design. Phone: 473-5288
SUMMARY: The City has negotiated a Professional Services Agreement with Shannon & Wilson, a
geotechnical engineering consultant, to provide geotechnical engineering services for design of the
Washington Avenue Sewer Replacement project. This project will replace the Washington Avenue
beach main with an upland sewer system consisting of a combination of a gravity system and a low
pressure sewer system. Shannon & Wilson will provide geotechnical engineering design support for
pre-design, design, and construction.
ATTACHMENTS: 1) Council Summary, 2) Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): The amount of the Professional Services
Agreement is not to exceed $40,245. This work will be funded by rates. The project is included in
the 2010 budget.
APPROVALS:
DEPARTMENT DIRECTOR: �
..�, / .,�_.�—
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
.
�1►�OMMITTEE'CHAIR ' �� �-�t,/ �
COUNCIL PRESIDENT: ^ CONSENT AGENDA �
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Professional Services Agreement with
Shannon & Wilson for Geotechnical Services in support of the Washington Avenue Sewer
Replacement Design and authorize the Mayor to finalize and execute the agreement with substantially
the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
)
Washington Avenue Sewer Replacement
Contract Summarv
This project wiil construct an upland sanitary sewer system to replace the Port
Washington Narrows beach main, which collects sanitary sewer from houses on the bluff
along Washington Avenue. The upland system will be a combination of gravity sewers
and low pressure sewers. This project was originally part of the scope of the Boardwalk
project, but was separated from that scope due to permit issues related to the
Boardwalk.
The City has negotiated a Professional Services Agreement with Parametrix to provide
engineering services for pre-design of the project. This contract with Shannon and
Wilson provides the geotechnical engineering services necessary to support the design.
The two contracts have been separated since the City intends to complete final design
using City Staff in 2011.
Fiscal Summarv
The cost of this PSA is $40,245.00. The 2010 budget is $250,000 and design is funded
by rates.
City of Bremerton
PSA with Shannon & Wilson
February 2010
PROFESSIONAL SERVICES AGREEMENT
Washington Avenue Sewer Replacement Geotechnical Support
The City of Bremerton ("City") and Shannon & Wilson, Inc. ("ConsultanY'), 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 January 11, 2010, 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 $40,245.00. 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.
Bremerton/ & Wilson
Washington Avenue Sewer Replacement Geotechnical Support
Page 1 of 6
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 taaces and fees
include but aze 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
declazed delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. IndemniFcation: 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, to the extent 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 negligence or the negligence of third-parties over whom the
Consultant has no authority, control, or legal liability.
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 of liability 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 CONSTTTUTES THE CONSULTANT'S
WAIVER OF IlVIMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS IlvDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER.
The provisions of this section shall survive the expiration or termination of this Agreement.
Bremerton/ & Wilson
Washin�ton Avenue Sewer Replacement Geotechnical Support
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VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-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 (XCI.� 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 $5,000,000 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.
Bremerton/ & Wilson �
Washin�ton Avenue Sewer Replacement Geotechnical Support
Page 3 of 6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Seattle, 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 prepazed 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 Seattle, 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 A�reement: 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.
Bremerton/ & Wilson
Washin�ton Avenue Sewer Replacement Geotechnical Support
Page 4 of 6
F. Severabilitv: 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 lst class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address
City of Bremerton Shannon & Wilson, Inc.
City Clerk 400 N 34th Street, Suite 100
345 6th Street Seattle, WA 98103
Bremerton, WA 98337-1873
I. 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. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assigrunent 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
Bremerton/ & Wilson
Washington Avenue Sewer Replacement Geotechnical Support
Page 5 of 6
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by,
Consultant shall include a report showing the status of all items listed in the Scope of 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 Delavs: 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. Ri ts 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: Pattv Lent By:
its: Mavor its:
Date: Date:
Approved as to form: Attest:
Bremerton City Attorney City Clerk
R:\LEGAL\Contracts�FORMSU'rofessiona] Services Agreement Form (2003).doc
Bremerton/ & Wilson
Washin�ton Avenue Sewer Replacement Geotechnical Supnort
Page 6 of 6
EXHIBIT A
BREMERTON-WASHINGTON AVENUE SEWER REPLACEMENT SCOPE OF WORK,
1/11/2010
I. Review existing information and data accrued during previous work for proposed
boardwalk/beach sewer project. Prepare maps for field reconnaissance and analysis
of residential properties.
II. Perform field reconnaissance of all residential properties in the project area, estimated to
be about 32 properties, with City of Bremerton (COB) and Pazametrix team members.
Walk top and bottom of bluff/slope to review bluff stability conditions with respect to
siting of a grinder/pump facility at each property. Choose preliminary location for a
boring at 5 backyard sites.
III. Prepaze informal maps and notes and meet with COB and Parametrix team members to
discuss preliminary observations and opinions regarding feasibility of project. Make
preliminary decisions about individual properties' feasibility related to sewer
improvements.
IV. Perform 5 borings to about 10 feet deep in selected residential backyards with portable
drilling and soil sampling equipment. Subcontractor CN Drilling will perform the
drilling and soil sampling for S&W, using portable drilling equipment. Accomplish
� utility checks in coordination with COB personnel. No monitoring wells will be
installed.
V. Analyze information gained from reconnaissance and borings to understand the stability
conditions on individual and groups of properties. Develop ranking system from
which to make recommendations regarding grinder/pump facilities, including
approximate setback requirements, associated risks, and infeasible lots. Identify lots
for which additional geotechnical explorations andlor analysis would be prudent
during the design phase of the project.
VI. Prepaze draft report and meet with COB and Parametrix to discuss the results of the
study.
VII. Prepare final report after receiving comments from COB and Parametrix.
VIII. Additional Services as required and as directed by the COB in writing.
Assumptions:
l. The COB will obtain rights-of-entry and �xploration for the geotechnical work.
2. The COB will obtain permits for the geotechnical explorations, including shoreline
permit or exemption. Shannon & Wilson will provide description of the work and
equipment for the permit application.
3. Parametrix will provide up-to-date topographic maps with cultural features and detailed
topography suitable for field mapping and slope stability evaluation.
4. Five portable borings are adequate to evaluate the marginally stable properties identified
during reconnaissance. If not, as many as 10 additional portable borings would be drilled
21-1-20522-001
� EXHIBIT A
and sampled. A budget contingency will be prepared (per boring basis) for such
additional work.
5. This work is being performed to support a pre-design of the Washington Avenue sewer
project, in which alternatives will be developed and evaluated based on capital and
operation costs, and on impacts to the residences. Additional geotechnical exploration
and evaluation may be necessary during ensuing preliminary and final design phases of
the project.
21-1-20522-001
EXHIBIT B
SCHEDULE
Complete Review of Records and Field Reconnaissance 4 weeks from NTP
Complete Preliminary Borings � 6 weeks from NTP
Submit Draft Report 8 weeks from NTP
Finalize Report 2 weeks after final review
21-1-20522-001
EXHIBIT C
JOB COST ESTINIATE
Proposal No.: 21-1-20522
Project: Bremerton Sewer
, Client: City of Bremerton
EXPLORATIONS AND By: WTL 1/11/2010
GEOTECHNICAL ANALYSIS
Rate Quantity Subtotal Subtotal
I. EXISTING INFO REVIEW
Drafting $90.00 /hr 4 hr $360
Principal $175.00 /hr 4 hr $700
Info Review Subtotal $1,060
II. FIELD RECONNAISSANC '
Principal $175.00 /hr 24 hr $4,200
Field Reconn Subtotal $4,200
III. PRELIMINARY DISCUSSIONS & MEETING
Principal $175.00 /hr 10 hr $1,750
Discussion Subtotal $1,750
N.a EXPLORATION SUBCONTRACT
Borings (5)
Mob & Demob 3 $450.00 /each 1 each $450
Drilling $200.00 /hr 16 hr $3,200
Wash. St. Start Card $50.00 /each 5 each $250
Bentonite $15.00 /each 10 each $I50
Ferry $75.00 /day 2 days $150
Subtotal $4,200
Subcontract Subtotal $4,200
N. b EXPLORATION FIELD SERVICES
Utility checks $90.00 /hr 12 hr $1,080
Drilling Observation $90.00 /hr 20 hr $1,800
Supervision $175.00 /hr 7 hr $1,225
Field Subtotal �4,105
IV. c REIMBURSIBLES
Per Diem $120.00 /day 1.5 days $180
Ferry $20,00 /trip 5 trips $100
Mileage $0.50 /mile 200 mile $100
Field Subtotal $380
1/11/2010 Page 1 SHANNON & WILSON, INC.
EXHIBIT C
JOB COST ESTIlVIATE
V. ANALYSIS
Prep. Logs & Profiles
Geologist $90.00 /hr 10 hr $900
Principal $175.00 /hr 2 hr $350
Analysis
Drafting $90.00 /hr 4 hr $360
Geologist $90.00 /hr 8 hr $720
Principal $175.00 /hr 14 hr $2,450
Analysis Subtotal $4,780
VI. DRAFT REPORT AND MEETING
Geologist/Eng. $90.00 /hr 8 hr $720
Principal $175.00 /hr 32 hr $5,600
Drafting $90.00 /hr 10 hr $900
Typing $70.00 /hr 2 hr $140
Reproduction $70.00 /hr 2 hr $140
Draft report subtotal $7,500
VII. FINAL REPORT
Geologist $90.00 /hr 8 hr $720
Principal $175.00 /hr 6 hr $1,050
Drafting $90.00 /hr 4 hr $360
Typing $70.00 /hr 1 hr $70
Reproduction $70.00 /hr 1 hr $70
Final report subtotal $2,2'10
VIII. ADDITONAL SERVICES $10,000
GRA ND TOTAL $40,245
For each additional 10-foot-deep portable boring, a per hole cost would be $2,800.
This takes into account the drilling subcontractor, SBcW field time and expenses,
preparation of logs and profiles, and analysis of the data.
1/11/2010 Page 2 SHANNON & WILSON, INC.
DATE SUBMITTED: January 27, 2010
AGENDA BILL `�
CITY OF BREMERTON �
CITY COUNCIL
........................................................................................
SUBJECT: jAcceptance of a$400,000 grant Committee Meeting Date: January 27, 2010
from the United States Environmental COUNCIL MEET[NG Date: February 3, 2010
Protection Agency (US EPA) for Sub-Area Department: DCD
Planning of the South Kitsap Industrial Area Presenter: Andrea L. Spencer
(SKIA) Phone: 360.473.5283
SUMMARY: On January 25, 2010 the Department of Community Development received
Notification of US EPA Assistance Award for the Climate Showcase Communities Grant for the Sub-
Area Planning of SKIA. The grant is being awarded to the City of Bremerton because the project will
reduce greenhouse gas emissions by incorporating greenhouse gas implications into the planning and
development of an industrial area. The project will include development of policies and practices that
will encourage development of the area to minimize greenhouse gas emissions while encouraging
economic growth and green industries. Specifically, the project will 1) Develop Policies and
programs to support sustainable development; 2) Integrate low-impact development into the City's
planning process; and 3) Support green economic development.
ATTACHMENTS: Notice of EPA Assistance Award Affirmation for the Climate Showcase
Communities Grant. The Assistance Award Affirmation must be returned to the EPA within three
weeks of the mailing date (1/21/2010) and therefore Council Action is required by February 3, 2010.
FISCAL IMPACTS (Include Budgeted Amount): The grant award is $400,000 with a local match
requirement of $200,000 for the grant period Januazy 2010 to January 2012. The grant match is met
as foliows: 1) 2010 DCD Budget includes $100,000 in professional services for SKIA Sub-Area
Planning and 2) Staff allocations of the Director, Planner I, and Project Assistant to manage the sub-
area planning effort. The staff allocat over 2010 & 2011 totaling at least $100,000.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR �
COUNCIL PRESIDENT: CONSENT AGENDA �
, � ! � � GENERAL BUSINESS ❑
'✓ PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to accept $400,000 grant from the United States
Environmental Protection Agency (US EPA) and authorize the Director of Community Development
to sign the Affirmation of Award for the City of Bremerton and to finalize and execute all documents
necessary to secure the award.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
,s°�° �
i A� UNITED STATES EENMMRONMENTAL PROTEC170M AGENCY
� Q . WASHIfdGTON� D.C. 20460
� e
'aL p�
� RE: Notice of EPA Assistance Award
Dear Authorized Representative: N� 1 ��
�P ���
� Encloseci is your Notioe'of Awar�d from the U.S. Environme�tal Protection
Agency. Please car+efuNy review the assistance agreement and the terms and °
conditions.
Please make a copy for your rec:ords and provide the appropriate copies
within your o�ganization. You must eifinn your intent to util'ize the assistance by
signing the Affirmation of AaraM and ret�urning the full document to EPA within
three wreeks to the fiollowing address:
� Grar�ts �perations Branch (3903R) �
Grants Administration Division
U.S. Environmental Protection qgency '
1200 Pennsyhrania Avenue, N.W.
Washington, D.C. 20460
� Please note that the above address is EPA's mailing address for postai
delivery. If you want to send the Notice of Award via courier, the foilowring
address shouid be used:
Grar�is Administiation Division
FiRh Fioor. Room 51234 �
Ronald Reagan Building
U.S. Environmentai Prote�ion Agency
1300 Pennsylvania Avenue� N.W. � � �
� Washingto�� D.C. 20004
(202) �4-5320 �
. If the Notice of Award includes any�fierms and eonditions requiring
signed certifications or assurances, you must return them with the signed
Af�nr�a�on. Paymer�t will be made available efte� the Affirmation of Awrani and
� eny requi�d assurances ane �eoeived. Failur�e to affirm and retum the Notioe of -
Awarcl writhin 3 weeks of r�eceipt may �esult in withdrawral of this award. If you
have any questions� ple�se contact your grants specialist identifieed on the award
document. Please referenoe the EPA assistanoe number on ail future
comespondenoe regarding this assistance egreement.
.
Enclosures �
�.�r.
IrKemet Address (uRt.) • MtpJhrww.epe.gov
•' • Prir�ed w�h Vegetab� Oil Based h�ks on 10096 Pa�or�sumer. Process (�airre Free Flecyded Paper
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AF - 83452701 - 0 P 1
ASSISTANCE ID NO.
�� U.S. ENVIRONMENTAL PR� �� �EN01F DATE OF AWARD
� AF - 83452701 . p ov�ano�o
� PROTECTION AGENCY ?ypE OF ACTION AAAIUNG DAT�
i��� New 01/21/2010
� � Cooperative Agreement PA�F� ��OD nc�
ACH X0128
RECIPIENT TYPE: Send Peyment Requeat to:
Municipal l.as VeBas Finanoe Center
RECIPIENT: PAYEE:
City of Bremerton Finance Officer
345 6th Street, Suite 600 City of Bremerton
Bremerto�, WA 98337-1873 345 6th Str�eet, Suite 600 �
EIN: 91-6001231 Bremerton, WA 98337-1873
PROJECT NlANAGER EPA PROJECT OFFiCER EPA GRANT SPECIALIST
Mdrea Spenoer Andrea Denny Brian Hublar
345 6th Street, Suite 600 1200 Pennsylvania Ave, NW, 6202J Grants 8 Interagency Agreement Mgmt Division
Bremerton, WA 98337-1873 Washinpton, � 20460 1200 Pennsylvania Ave., NW
E-Mail: andrea.spenoer@a.brerr�rton.wa.us E�Aail: Denny.Andrea@epa.gov Washington, DC 20460, 3903R
Phone:360-473-5283 Pho�e:202-343-9268 E�Aail: Hublar.Brian�epa.gov
Phone: 202-564-0940
PROJECT TITIE AND DESCRInTWN
Master Planning - South Kitsap I�dustiial Area .
Thls project will reduce 8reenhouse gas emissions by incorporadng greenhouse pas implicatlons into U�e ptanning and development of an industrial area. The
project will indude development of polides a�d practices tl�at will encourage developr�nt of the area to minimiz,� greenhouse 8as emissions while
encouraping ec�nomic growth and gr�een industries. Specifiqily, the proje�t will 1) Develop poliaes and programs to support sustainable development; 2)
Integrabe lov�impact devel�ment into �e City's planning prooess; and 3) Support green economic development.
BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST
01/01/2010 - 01/31/2012 01/01/2010 - 01/31/2012 a600,000.00 $600,000.00
NOTICE OF AWARD
Based on your appfiqtion dabed 07/22/2009, induding all modifiqtlons and amendments, the United States acting by and through the US Environmental
Protection ABency (EPA), hereby awards $400,000. EPA agrees to oost-share 67.00% of ali approved budget period c�osts incurred, up to and not exceeding
total federal funding of $400,000. Such award may be tem�inabed by EPA without furU�er puse if Uie reapient fails to provide timely affim�ation of the award
by signing under the Aifirtnation of Award section and netuming all pages of this agreement to the Grants Management Offioe listed below within 21 days after
receipt, w any extension of time, as may be granted by EPA. This agreement is subject to applicable EPA statutory provisions. The applicable regulatory
provisions are 40 CFR Chapter 1, Subc�iapter B, and all tertns and condiUons of thls agreement and any attachments.
ISSUING OFFICE (GRANTS AAANA(iE1bENT OFFICE) AWARD APPROVAL OFfICE
GRGANIZATION / ADDRESS ORGANIZATION / ADDRESS
Grants and I�tetagency Agreert�nt Management Division Envi�mental Protecti� Agency
1200 Pennsylvania Ave. NW Office of Air and Radiation
Mait code 3903R 1200 PBnnsylvania Ave. NW
Washinpton. DC 20460 WashinBEon, DC 20460
THE UNITED STATES OF AMERICA 8Y THE U.S. ENVIRONMENTAL PROTECTION A6ENCY
SIGNATURE OF AWARD OFFICIAL TYPED NAME ANO TITLE OATE
Digital signature applied by EPA Award Offiaal Denise A. Polk, Chief GranLs Management Branch B 01/14/2010
AFFIRMATION OF AWARD
BY AND ON BEHALF OF TNE DESIGNATED RECIPIEN7 ORGANIZATION
51GNATURE TYPED NAME AND TlTLE DATE
EPA Funding Information aF-esa��o, -o P�z
FUNDS FOROAER AWARD THIS ACTtON AbAENOED TOTAL
EPA Amourrt Triia AcUon S S 4��000 S 400,000
EPA IMQnd Amount $ $ g 0
Unezpended Prior Year Sefance $ $ $ 0
Other Fe�ral Funds S $ $ 0
Recipient Cor�tribudon $ S 200,000 $ 200,000
Smte Contributlon S $ $ 0
Local CoMributlon $ $ ' $ 0
Otfier ConMbutlon $ S $ 0
Allowable Project Cost $ 0 $ 600,�0 $ 6�,000
Assistance Program (CFDA) Statutory Authority ReBulatory Authority
66.041 - Climate Showc�se Communities Grant �y 2ppg pmnibus Appropriations Ad (PL 111-8) 40 CFR PART 31
Program .
�
Fi8Cai
Site Name Req No FY Approp. Budget PRC Object SibelProJect Cost Obllgation !
Code O�panizeUon Class Organi�ation Oeobli0atlo�
- 1058EE011 1 E1 58E11 105A29 418 400,
400,0
I)A�l'I: SU(3M1'I"!'I:D: 1-G-1O
�GENDA B[LL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................�
SUBJECT: Public Hearing sccking input Committee Mccting Date: 1-27-10
trom the public on the Hazard Identitication COUNCIL MEE'I'[NG Uate: 2-3-10
& Vulnerability Assessment. Depart�nent: Fire
Presenter: A1 Duke, Fire Chief
Phone: 473-5380
SUNIMARY: In 1999, Kitsap County and the City of Bremerton adopted a Hazard Mitigation Plan.
The plan was revised again in 2005 and is now time to revise the plan again. Part of the planning
process is to Identify Hazards and Vulnerabilities within the City of Bremerton and to allow the
public to have input. This is a public meeting seeking input for hazards and wlnerabilities within the
City of Bremerton
ATTACHMENTS: Draft "Hazard Identification & Vulnerability Assessmenf'
FISCAL IMPACTS (Include Budgeted Amount): None at this time.
APPROVALS: �
DEPARTMENT DIRECTOR: �
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
. i `
COMMITTEE CHAIR �
COUNCIL PRESIDENT: � CONSENT AGENDA ❑
:'`� �' GENERAL BUSINESS ❑
� �� � PUBL[C HEARING (�,
RECOi�IMENDED MOTION:
No Actioii Required
COUNC[l. ACTION: ❑ 1lpprove ❑ Deny ❑'I'able ❑ Continue ❑ No Action
I
, I
�
City of Bremerton
345 6th Street
Bremerton, WA 9$337
Jurisdiction-Specific Vulnerability Assessment � Mitigation Strategies
City of Bremerton Overview:
Contact Information:
Bremerton Fire Department, AI Duke, Fire Chief
911 Park Avenue. Bremerton, WA 98337
(360) 478-5380
Population of Jurisdiction: 36,620 (Office of Financial Management 2009)
13,000 (2025 Population Forecast for City Limits and Urban Growth Area)
Land Profile:
28.44 square miles
The City of Bremerton is located in Kitsap County. The city lies east of the Olympic Mountains
directly across Puget Sound from Seattle.
For over a century, Bremerton has been the home to Puget Sound Naval Shipyard that
continues to service US Navy ships and its 8000 civilian and many active duty personnel.
The City of Bremerton was incorporated on October 14, 1901, and operates as a charter city
with a Mayor/Council form of govemment. The City's downtown core is undergoing a
comprehensive revitalization with the building of a new Conference Center, Parking Garage,
Hotel on the watertront, a Public Safety and Headquarters Fire Station.
The purpose of this section of the plan is to assess the vulnerability of the City of
Bremerton in regards to the various natural hazards previously identified in SECTION II of this
plan. In addition, mitigation strategies that are currently in place relating to these natural
hazards as well as newly proposed mitigation strategies have been included in this section of
the plan.
To complete the vulnerability assessment process, various city staff utilized a series of
locally developed forms. The information cotlected with these forms is included in this
portion of the plan.
As part of the wlnerability assessment process, City of Bremerton govemment completed an
inventory of all critical facilities and has considered these critical facilities
in our planning and mitigation strategy development process.
The City of Bremerton has no repetitive loss properties.
Representatives from City of Bremerton government worked closely with other jurisdictions,
agencies, Indian tribes, and the Kitsap County Mitigation Planning
Committee to develop a comprehensive, coordinated mitigation plan intended to reduce
the vulnerability to natural hazards within the City of Bremerton.
The information contained in this document presents the results of this effort to identify the
specific natural hazards threatening the City of Bremerton, to characterize the vulnerability of
the City of Bremerton regarding these hazards, and to identify current as well as proposed
mitigation strategies, projects, and/or programs to address those vulnerabilities.
The analyses conducted by City of Bremerton staff were based on the best currently available
information and data regarding the characteristics of the neighborhoods identified, the natural
hazards that threaten the people, property, and environment of these neighborhoods as well as
the impacts these neighborhoods have suffered in past disasters. This information includes,
when available, United States Census data, local tax records, local and national geographic
information system data, Flood Insurance Rate Maps, hazard specific analyses, and other
environmental and demographic facts.
However, very often authoritative or current information simply was not available for the
planning effort. In these cases, the experience, knowledge and judgment of local
officials representing City of Bremerton government were used in the planning, including
assumptions and approximations that were believed to be reasonable. In addition, straight-
forward, simplified technical analyses were used for tasks such as estimating property values,
determining the size of populations affected, and so forth. The reliance on the judgment of
knowledgeable officials and simplified analyses is considered acceptable at this stage to allow
the participating organizations to complete the tasks needed to develop this multi jurisdictional
natural hazards mitigation plan. As the planning continues in future years, or at the time when a
proposed mitigation initiative is intended to be funded and/or implemented, the participating
organizations/jurisdictions recognize that additional information and analyses may be
required.
City of Bremerton government is committed to the implementation of the mitigation related
projects/programs described in this section of the plan when and if resources become available.
City of Bremerton government is also committed to continuing the mitigation planning process
that has resulted in the development of this document, and to the ongoing cooperation with
other agencies, organizations, Indian tribes, and jurisdictions to make the City of Bremerton
more resistant to the damages and hardships that. could othenivise be the result of future natural
disasters.
Principal Economic Base:
Retail sales
Economic Characteristic: Median Household income is $38,061 — US Census Bureau
Current Hazard Mitigation Codes/Plans/Ordinances:
• Comprehensive Land Use Plan - 2004
• Comprehensive Transportation Plan -2003
• Non-motorized Transportation Plan - 2007
• Capital Improvement Plan -2009
• Surface Water Management Plan and Code -2009
• Water System Plan
• Wastewater Comprehensive Plan
• International Uniform Building and Fire Code_2006 (updating in 2010)
• Bremerton Municipal Code
Chapter 20 -Zoning Ordinance
Chapter 20 - Critical Areas Ordinance
Chapter 20 — Shoreline Development
• Participation in National Flood Insurance Program
• Participation in the Community Rating System Program
2005 MITIGATION STRATEGIES:
#1
Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards.
Cateporv: IV - Earthquake
Str_ ateqy: Pursue seismic upgrades to the Bremerton water system and its components as
identified in the report by Dames & Moore Group Company Job No. 05793-007-004, March
1997 and in the City of Bremerton's 6-year Capital Improvement Plan.
Lead Aaencies: City of Bremerton Public Works & Utilities
Support Apencies: Washington State Department of Health Drinking Water Programs
Prob�abilitv of Occurrence: Medium
Probabilitv of Future Occurrence: Medium
Implementation Time: 1-8 years
Implementation Cost: $ 1,750,000 as per Dames & Moore Report
Progress: Completed reservoir upgrades in 2009
#2 �
Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards.
Cateqories: IV — Earthquake & VI I— Multi-Hazard
Strateay: Pursue seismic upgrades to the dam and provide improved monitoring and an early
warning system in the event of an uncontrolled release of the reservoir caused by a dam failure
as identified in the report by Woodard-Clyde Consultants, July 1997 and in the City of
Bremerton's 6-year Capital Improvement Plan.
Lead Aaencies: City of Bremerton Public Works & Utilities
Supaort Apencies: Washington Department of Ecology Dam Safety Office
Mason County Division of Emergency Management
Probabilitv of Occurrence: Low
Probabilitv of Future Occurrence� Low
Implementation Time: 1 year
Implementation Cost: $ 375,888 as per Woodard-Clyde Consultants
Progress: Completed seismic bracing for the Casad Dam in-take tower. Provided
Mason County with telephone warning system. Still looking for funding for early warning
system in the event of an uncontrolled release.
#3
Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards.
CateQOrv: VII - Terrorism
Strateqy: Pursue upgrades to security of water system facilities and components as identified
in the Security Assessment of the Water Supply System prepared by Acres International,
November 4, 2003, and in the City of Bremerton's 6-year Capital Improvement Plan.
Lead Aqencies: City of Bremerton Public Works & Utilities
Suaaort Aqencies: Washington State Department of Health Drinking Water Programs
Washington Department of Ecology Dam Safety Office
Probabilitv of Occurrence: Low
Probabilitv of Future Occurrence: Medium
Implementation Time: 1-5 years
Implementation Cost: $ 50,000 as per Acres, International Report, November 2003.
Progress: Have implemented most of the recommended changes, still need to install
cameras as communication upgrades are made.
2010 M1TIGATION STRATEGIES: �
#1
Goa{: Eliminate or reduce the long-term risk to human life and property from identified hazards.
Cateqorv: IV - Earthquake
Strateay: Pursue seismic upgrades to the Bremerton water system and its components as
identified in the report by Dames & Moore, March 1997 and in the City of Bremerton's 6-year
Capital Improvement Plan. Includes seismic protection of Jackson Park/NAD water main,
seismic restrainUisolation valves on the Warren Avenue Bridge main.
Lead Aqencies: City of Bremerton Public Works & Utilities
Suqport Aqencies: Washington State Department of Health Drinking Water Programs
Probabilitv of Occurrence: Medium
Probabilitv of Future Occurrence: Medium
Implementation Time: 1-8 years
Implementation Cost: $ 400,000
#2
Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards.
Cateqories: IV — Earthquake & VII — Multi-Hazard
Strateqy: Pursue seismic upgrades to the dam and provide improved monitoring and an early
warning system in the event of an uncontrolled release of the reservoir caused by a dam failure
as identified in the report by Woodard-Clyde Consu{tants, July 1997 and in the City of
Bremerton's 6-year Capital Improvement Plan.
Lead Aaencies: City of Bremerton Public Wo�lcs & Utilities
.
Support Aqencies: Washington Department of Ecology Dam Safety Office
Mason County Division of Emergency Management
Probabilitv of Occurrence: Low
Probabilitv of Future OccuRence: Low
Imqlementation Time: 1 year
Implementation Cost: $ 375,000
#3
Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards.
Cateaorv: VII - Terrorism
Strateqy: Pursue upgrades to security of water system facilities and components as identified
in the Security Assessment of the Water Supply System prepared by Acres International,
November 4, 2003, and in the City of Bremerton's 6-year Capital Improvement Plan.
Lead Aqencies: City of Bremerton Public Works & Utilities
Support Aqencies: Washington State Department of Health Drinking Water Programs
Washington Department of Ecology Dam Safety Office
Probabilitv of Occurrence: Low
Probabilitv of Future Occurrence: Medium
Implementation Time: 1-5 years
Implementation Cost: $ 50,000
#4
Goal: Eliminate or reduce the long-term risk to human life and property from identified hazards.
Cateqories: IV — Earthquake & VII — Multi-Hazard
Str ateqy : Provide pipeline redundancy and seismic protection for the cross town main and
transmission main under SR 3.
Lead Aqencies: City of Bremerton Public Works 8� Utilities
Support Aqencies: Washington Department of Ecology
Washington Department of Health
Probabilitv of Occurrence: Low
Probabilitv of Future Occurrence: Low
Imalementation Time: 1 year
Implementation Cost: $ 3,010,000
, f ------ - ---,,—�
DATE SUBMITTED: January 20, 2010 �_
AGENDA BILL ` ��
CITY OF BREMERTON �
,� ,
CITY COUNCIL - - - -- - -
■�������������������������������������������������������������������������������a�������
SUBJECT: Acceptance of Local Agency Committee Meeting Date: January 27, 2010
Agreement for Bremerton Highway Safe�ty��� COUNCIL MEETING Date: February 3, 2010
Program Q(1d QOIo� �t�DG,c�fOn Ii1O. .�.[,�- Department: PW&U
Q,u.�horiun wh,e. e�.ecu.fion v� � Presenter: Michael Mecham
Q.9��'�� Phone: 473-5288
SUMMARY: The Public Works and Utilities Department applied for and was awarded a$940,500
grant for engineering and construction of pedestrian, bicycle and traffic safety improvements at a
number of intersections in Bremerton. The attached agreement obligates Federal Grant dollars,
administered through the Washington Department of Transportation, to conduct preliminary
engineering at a cost of $90,500. Upon completion and approval of engineering plans another Local
Agency Agreement will be entered into for approximately $855,000.
ATT CHMENTS: 1.) Local Agency Agreement 2.) Project Prospectus 3�I��D(,Ll.�t No _.�1-=
�� �o�, tlt,i,l, �x�trvlrV�al�L�,
Y
FISCAL IMPACTS (Include Budgeted Amount): The agreement is for $85,500 of revenue which
has been budgeted for in 2010. No match is required.
APPROVALS: , � . ,
DEPARTMENT DIRECTOR: r � ��'GL.�_
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
r
Pfit�COMMITTEE CH R � "'� � �r��
COUNCIL PRESIDENT: CONSENT AGENDA [�
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to Approve the Local Agency Agreement and Prospectus, and
authorize the Mayor to finalize and execute the Agreement with substantially the same terms and
co ditions as presented� Qnd Gtdp� �Q�p(�t,�p� (I0. 10 �,�{�o,�iZ�i�q�{'tQ ek2Cu�i7onof `
�. a��.� . �
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Council Summary
Bremerton Highway Safety Improvement Project Local Agency Agreement
Summarv
. The Public Works and Utilities Department applied for and was awarded a$940,500
grant for engineering and construction�of pedestrian, bicycle and trai�c safety
improvements at a number of intersections in Bremerton. The atta.ched agreement
obligates Federal grant dollars, administered through the Washington Department of
Transportation, to conduct preliminary engineering at a cost of $90,500. Upon
completion and approval of engineering plans under another Local Agency Agreement
will be entered into for approximately $855,000. Following is a description of the project.
SR310 from Callow Avenue to SR3, portions of SR304, SR303 from SR304 to the
Warren Avenue Bridge, portions of 11�' Street and portions of 6 Street in Bremerton
have been identified as high accident locations. A total of thirty percent of the accidents
identified in these locations involved bicycles and pedestrians. The majority of these
accidents were intersection related and a significant number were due to failure to yield
and/or disregarding signal.
This proposed grant would provide for the design and construction of bicycle lanes,
intersection pedestrian unprovements, select areas of lighting improvements, and
signing/marking. The solutions to the identified issues would be made to allow for a11
improvements to be made within existing right of way. Improved pedestrian facilities,
including key crossing improvements of SR310, SR304 and SR303, will be designed and
constructed with these grant funds.
On SR310 the project would add bicycle lanes to SR310/Kitsap Way between SR3 and
Ca11ow Avenue. In most locations, the roadway's existing wide shoulders could be
converted to bicycle lanes without major roadway widening or reconstrucrion. The wide
shoulders currently make SR310/Kitsap Way a popular bicycle route, and formalizing the
bicycle lanes through enhanced striping and pavement mazkings would increase
motorists' awazeness and recognition of the rights of non-motorized users.
SR303 and SR304 have seen a number of pedestrian collisions with autos at intersections,
including two pedestrian fatalities. This project would enhance pedestrian crossings at
fourteen intersections to include necessary ADA modifications as well as treatments to
increase prominence of pedestrian crossings. Features planned to be employed include
illumination improvements at selected intersections, in-pavement crosswalk indicator
lighting at select locations, pedestrian "countdown" indicators, signage, and construction
of pedestrian refuge "bulbout" treatments at select locations. Improved intersection
crossings are anticipated to encourage increased compliance by pedestrians in their
crossing of these major Bremerton streets.
Pedestrian intersection improvements are planned to be completed at the following
locations: SR303 and Burwell, 4�' Street, 5�' Street, 6�' Street, 1 l�' Street and 16 Street;
SR304 and Callow, Montgomery, Nava1, High, and State: 6�' Street and SR310,
Montgomery, Nava1, and High: 11 th Street and Montgomery, Nava1 and High. Minimum
improvements anticipated include provision of new "ladder" crosswalk markings,
provision of "countdown" type pedestrian signal indicators, ADA compliant audible
pedestrian signal indicators, ADA compliant curb ramp modifications where necessary,
and illumination level measurements and augmentation where necessary. At select
locations in-pavement crosswalk lighting may be provided.
Fiscal Summarv
Tbe agreement is for $85,500 of revenue which has been budgeted for in 2010. No match
is required.
RESOLUTION NO. ��
A RESOLUTION of the City Council of the City of
Bremerton, Washington, authorizing the City to execute the Local
Agency Agreement for Bremerton Highway Safety Program.
WHEREAS, the City applied for and was awarded a$940,500 grant for
engineering and construction of pedestrian, bicycle and traffic safety improvements at a
number of intersections in Bremerton; and
WHEREAS, the Local Agency Agreement obligates Federal Grant dollars,
administered through the Washington Department of Transportation, to conduct preliminary
engineering at a cost of $90,500; and
WHEREAS, as a condition to payment of the federal funds obligated, the
Department of Transportation requires that the City adopt a resolution stipulating that it accepts
and will comply with the applicable provisions set forth in the Local Agency Agreement, and
WHEREAS, upon completion and approval of engineering plans another Local
Agency Agreement will be entered into for approximately $855,000; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Bremerton desires to comply with a requirement by the
Department of Transportation to adopt a resolution stipulating that the City accepts and will
comply with the applicable provisions set forth in the Local Agency Agreement.
SECTION 2. The City Council of the City of Bremerton does hereby authorize
the City of Bremerton to accept the Loca1 Agency Agreement for Brexnerton Highway Safety
Program and agrees that the City will comply with the applicable provisions set forth in the
Loca1 Agency Agreement.
SECTION 3. The Mayor is authorized to finalize and execute the Local Agency
Agreement for Bremerton Highway Safety Program.
SECTION 4. Severabilitv. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision sha11 not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION S. Et�'ective Date. This Resolution shall take effect and be in force
immediately upon its passage �
Local Agency Agreement — Bremerton Highway Safety Program
PASSED by the City Council of the City of Bremerton, Washington this
day of , 2010.
r]ICK WOFFORD, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R:U.egalU.egal�Resolutions�Public Works�Bremerton Highway Safety Program Local Agency Agreement.doc
Local Agency Agreement — Bremerton Highway Safety Program
�
� � �,� Local Agency Agreement
Agency City of Bremerton � CPDA No. ZO.Z�
(Cataiog of Federal Domestic Assistance)
Address Denattment of Public Works and Utilities p�� No. �
3027 Olympus Drive pg�ent No.
Bremerton. Wa 98310 For OSC WSDOT Uae On
The Local Agency having complied, or hereby agreeing to comply, wit6 the terms and condi6ons set forth in (1) Title 23, U.S. Code Highways, {2)
the regulations issued pursuant thereto, (3) Offics of Management and Budget Circulars A-102, A-87 and A-133, (4) the poGcies and procedures
promulgated by We Wasfiington State Department of Transportation, and (5) the federal aid project ap+eement entered into between the State and
Federai Govemment, relative to the above pmjeci, the �Vashington State Department of Transporta6on will authorize the Local Agency to proceed on
the project by a separate notification. Federal funds which are to be obligated for the project may not excaed the amoum shovm herein on line r,
colwnn 3, without written authority by the State, subjeci to the approval of the Federal Highway Administtation. All project costs not reimbursed by
the Federal Goverament shall be the responsibility of the Local Agency.
ProJect Descrip�on
Name Brexnerton Highway Safety Improvemeni Program �ength
Termini Various Locations T#iroughout the City of Bremerton
Description of Worlc
Construct safety improvements at lugh accident locations in Bremerton at intersections and street segments identified by
tbe Washington Department of Transportation's analysis of traffic accident data.
Est(mate of Fundin
Type of woric c� c c
Estimated Total Estimated Agency Estimated
Pro'ect Funds Funds Federal Funds
PF a. A en 85 500.00 0.00 85 500.00
lOD % er
c. Other
Federal Aid d. State 5,000.00 5,000.00
Participation
Ratio for PE e. Total PE Cost Estimate a+b+c+d 90 .00 90 .00
w9� � N►a1 f. en
% .Other
h. Other
Federal Aid j, Stffie
Particlpation
Ratio for Rw '. Totsl W W Cost Estimate f+ +h+i
ConstrucHon k. Contrad
1. Other
m. Other
n. Other
l00 % o. en
Federal Aid . State �
PaRicipation
Ratio for CN . total CN Cost EsKimate k+l+m+n+o
r. Total Pro Cost Estltnate e+ 90 0.00 90 .00
Agency Oflicial Washington State DepartmeM of Trar�portatlon
By By
Title MaT�r��y �fRremertn„ Assistant Secreiary for Highways and Locai Programs
Date Executed
DOT Form 140-039 EF �
Revised 01/2004
Construction Meffiod of Financing (Check Method Se/ected)
Stebe Ad and Award
❑ Method A- Advance Payment - Agency Share of totai construcbon cost (based on contract award)
❑ Method B Withhoid from pas tax the Apency's share of total construc6on oost {line 4, cfllumn 2) in ihe amount of
$ at $ per month for months.
Local For�ce or Local Ad and Award
� Method C- Aaencv cost incurred with oaRial relmbursement
The Local Agency further stipulates that pursuant to said TiUe 23, regula�ons and policies and procedures, and as
a condition to payment of the federal funds obligated, it accepts and will comply with the applicable provisions set
forth below. Adopted by offiaal adion on
, , ResolutioNOrdinance No.
Provisions
(. SCOp9 Of WOI'k i. Preliminary engineering.
T6e A,gency shall provide all the work, labor, materials, and services 2. Rig6t ofway acqnisition.
necessary to perFortn the proje�ct w6ich is described and set forth in detail ia the 3. Projcct conswction.
"Project Description" and "Type of Work."
When the State acts for aad on behalf of the In ti►e event that right ofway acquisition, or actual constructioa of the road,
A.gency, the State shall be for which preliminary engincering is uodeitalcen is not smroed by the closing of
damed an agent of the Agency snd shell perform the services described and �e tenth fiscal yesr following the 6sc;e1 year in which the agreanent is
indicated in "'I�pe of Woik" oa the face of t6is agreement, in accordance with ��� � Agency wll repay w the State d►e sum or sums of federal fimds
plans and speci5cations as proposed by t6e Agency and approved by !he State pe�d to t6e Agency under the temu of this agreem�t (see S�tion I?�.
and the Federai Highway ?,dmmistradon.
1Nhen t6e State acts for the Agency bat is aot sobjoct to the rig6t of wmrol The Agency agrees that all stages of constructiaa� necessary to provide ffie
by the Agency, the State shaU have tho right w paform t6e work subje�t to the initiallY p�anned complete facility witbin the limits of this project will cw�form
ordinary procedwes of the State aod Federal Highway Adminishadon. to at least the miaimmn values set by app�oved statewide desiga smndatds
'I. �' �� applicable to t6is class of hig6ways, evw thoug6 such additional work is
e98ti OfiiY financed without federu! aid paztici�tion.
The Siate is williag W fiil611 the responsibilities to the Federal Govemmait ����y agcees that on fed�al aid hig6way construction projects, the
by the adminisuation of dus project. The Agency agroes that the Stau shall ��n� federal aid regulations which apply to liqnidated damages relative to
have the full auWority to cany o� this administretion. T6e State shall review, the basis of federal participati� in tLe pmject cost shall be applicable ia the
process, and ap�rove docn�►ts required for federat aid reimburs�t in event the contractor fails to wmplete We contract within the contract time.
eccordeace wiM federel ra�uirements. If the State advertises end ewaras the
contract, the State will fnrt6er act for the Ag�cy in all matters concerning the y�. pe�g� 81td Pal'tial RBimbu�semellt
Pro.loct as requested by the Agwcy. If We I.ocal Agency advertises snd aw�ds
the project, t6e Stau shall review the work w easnre conformity with Ihe '�e total cost of the project, inclading all review and enginetring wsts and
approved plans and specifications. ot6er expenses of the State, is to be paid by We Agency and by the Fedecal
Govemment. Federal fimd'mg shatl be in accoldance with the T�ansportation
111 ProjectAdministratlon Equiry Acc for the 2lsi Ceaary (7EA 21� as amended, and Office of
Certain types of work and services shall be provided by the State on this Management and Budget circulars A 102, A B7 and A-133. 'ILe State strall not
projact as ra�uested by the Agency end desen'bod 'm the Type of Work above. �����tely respons�le Enr any of t4e costs of tbe pmject. The Agency shall
In addition, the State will fumish qualified personnel for t6e supervision and � uttimately responsble for all co�s associatad with tGe project wbich are not
inspxtion of t6e work in progcess. On I.ocal Agency adveriisod and awarded ���� bp the Fedeisl Govemment Notbing in Uus �ent s6aU be
projects, the supervision and inspection shall be limitod to ensuriug all work is CO�� � a promise by the Stete as to the amount or naane of federal
in confotmance wit6 approved plans, speci5catians, and fedeial aid PaTacipation in this project.
requiremenu. '�'he salary of such engineer or other supervisor sod all other The Ageacy shall biA the state for fadaral eid pmject costs incwred in
salarios and costs iacnrred by Stau foraes upon the proje�t will be considered a confoimiry wit6 appGcabk federal aad stete laws. The agency shall mimimize
cost tha�eof. All costs related to thic projact incurred by employees of the State the time elapsed between receipt of fedaal aid fimds aad subsequent paymeni
in the cnsi�omary manner on highway payrolls aad vouchers shall be chsrged as of incnrred costs. Expenditures by ffie Local Agmcy for maintaiance, general
cosu of the project. administ�atioq supervision, and oWa overhwd shall aot be eligible for federal
IV. AV8�labili� Of R8C01dS pertici�tion unlas an mdirect cost plen 6as been appmved by WSDOT.
M project necords iu support of all costs incumed and actual expenditures 7'6e Siate will pay fa State incuaed costs on t6e project. Following
kept by tLe Agency are to be maintained in accordance widi local govem�t payment, the State sl►all bID the Federal Govemment for reunbursemeat of
accounting procadures prescribod by the Weshington State Auditor's Office, the those costs eligible far fedecal participation to the extent that such costs are
U.S. Department of Transportation, end the Washington Stete Depertment of attributabk and properly allocable to this project. The State shall bill tt►e
Transpottation. The ree:ords shall beopeu to inspection by t6e State and Federal Agency for that ponion of State costs which were not reimbursed by the
Goveanment at ell iessnnabtp times and shall be cetainod and made available for Federal Government (sce Section 1Xj.
snch -inspoction for a period of not less than three years from the Snal payment 1. Projeet Consuruetlos Coet�
of any federal aid funds to the Agency. Copies of said records shall be
furnished to�the State and/or Fedual Govunmem upon request. project eonsuuction Snancing will be accomplishal by one of t6e three
V. COM�Ii811C9 Wilh P1+OV1s10118 ��s as indicated in this agieement.
1fie Ageacy shall not incur eny federal aid participation costs on any
classif'ication of wmic on this project until authorizad in writing by the State for
each classification. The claesiScatious of woric for projects are:
DOT F�►n 740-039 EF 2
Revisad 01/2004
Met6od A— 7be Agency wili place with tl►e Smte, withim (20) days a8er the j(, T�{�'j� Cp�pl, 8igning, Malicing, and Rosdway
exaa�tian of the coastruc.don contract. an advance in the amount of the Mai�ftellt�
Agwcy's share af tde total cwnstntction cost bastd oa t6e c�tract award. 7Le
State w�71 notify the Age�cy of t6e esact amount to be deposited with t6e State. The Ageacy w�ll nai pertnit any changes io be made in U�e provisions for
The State wn71 pay ell costs iaeumd .unda the contract apa� pnsentation of paricing regulations and traffic control on t6is projoct without prior approvai of
Pmgieas billings &aai the c�tractor. FoUcrwing sac6 payments, the State will the Stau and Fedast Hig6way Administration. T6e Agency will not iasiall or
submit s billing m the Federal Govema�t for the federel aid participation permit to be ins[aUed any sigas, signals, or markings not in oonformance wiffi
s6are of the oosc. Wh� the prgjecK is subs►entiallycompletad and 5na1 actual the standards appmved by the Fedwa( Highway Adminisoration and MUTCD.
costs of the pmject cen be detertnined, the State wi71 praent We Agency with a Tde Ageocy will, at iu ovm expense, maintain the improv�ent wverc� by
final billing showing tl►e amovnt due the State or U�e amou� due t6e Ageacy. t6is agroement.
T6is b�7ling will be clesred by either a payment from the Ageocy to the State or
by a refund from t6e State W U►e Agency. XI. 111d@tllllity
The t�gency she11 hoid the Federal Govemment and the Smte hamile.ss from
MetLod B— The Agency's s6are of the wta] construction cost as shown on ��� p�� � defend at itic own a�pense all deims, demeads, or suits,
the face of thi4 agnxmeat shali be wit66eld from its monthly fuel tax �� ��w or �uity brought against Uis Agency, State, or Federai
ellomi�ts. 7Le �ce of this agreemeat establishes the months in which the ���e°t, arising from the Agwcy's exxution, perfom�sace, or failum w
wid�holding shall tske plaoc end the exact amowrt ta be wit6held each monih. P�orm any of t6e pmvisions of this agroanent, or of aay ot6er agrednent or
The extent of wit6holding wiil be confirmed by let� fium the State at the time contract connected with this agreernen; or arising by reason of the
of contracx �apvard. Upon receipt of pmgress, biUings fmm the contcacwr, the P�cipation of the Stau or Federa! Govemnxnt in We projax, PROVIDED,
State will submit such billings w the Foderal Govemment for payment of its nothing heaein shal! requin the Agency to rcimburse the State or the Fedeial
pstticipating portion of such bi7lings. Govem�t for dameges arising oul of bodily injury to persons or damage to
property causod by or resulting from the sole negiigencx of the Fcdetal
iVidhod C—'!Le Agea�y may submit vonc6ers to the State in the format C'OV�°�t or the Siate.
p�ribed by the State, in duplicate, not moie than once per mont6 for those Xll Nondiserimination Provision
cwsts digible for Fede�al participation w the extent t6at snch costs are diratiy No liability sl►atl attach to the State or Fede�al Govemmrnt �cept as
ariributable and properly apocable to t6is pmject. Expend�Wres by the I.ocal ��y P���aed herein.
Ageacy for aminteaance, general administratiay supervision, and other
overhead shall not be eligible for Fede�sl perticipation uniess claimed under a The Agency shall not discriminau on tMe basis of race, color, national
pi�viously epproved indirect cost plan. origin, or sex in the avvard and pafom�ance of any USDOT-assisted contract
Tde Smte shall reimbwse the Ageocy for the Fedaal share of eGgibk project ��Or a�t or in t6e adminisiration of its DBE progam or the
costs up to the emowit shovm on the face of this agreement. At the time of �wrements of 49 CFR Part 26. The Agency shall take all necesssry and
audit, the Agency w71 provide documentatioa of all eosts incmred on the �Onable steps und� 49 CFR Pazt 26 to wsure nondiscriminatiam in the
sward and edministration of USDOT-sssisted contracts and agcoemonts. The
p�1°M• WSD01's DBE progran►, as required by 49 CFR Part 26 and as approval by
The State shall bill the Agency for all costs incurrad by the State relative to USDOT, is incotpocated by �efaence in this agreement Implemonfatiom of
the project. '[he State shall also bill t6e Age�cy for the federal funds paid by the � p �� � a � obligatian aud failurc to carry out its tetms shall be
State W the Agaicy for project costs which are subseqnently det�mmed w be �� � a violation of this agrcement. Upon notificati� to the Agency of its
iaeligible for federal participation (see S�tion D�. ��� ��y out iu epprovod progiam, the Depart�enr may uapose
VII. Audit Of Federal COflsultent CoMrads senetions as pmvided for uader Part Z6 and maY, u► ePProPrisoe cascs, refer the
matter for croforammt under I S U.S.C. 1001 and/or the Program Fraud Civil
The Agency, if services of a copsnlmnt are requi�ed, shell bo responsible for kemedies Act of 198b (31 U.S.C. 3801 et seq.).
sudit of the consultanYs records m determine eligible federal sid costs on the .� ��, b � y �� it will iacorporate or ea�se co be
P*oJect. The report of said andit shall be in t6e Agency's files md made inco:poratod into any crontract for conswction wcrlc, or modification thereo�
availeble to tbe State and the Federal Govemma�t. as deSned in the niles and regulations af the Secretary of Labor in 41 CFR
An audit s6a11 be conductiad by ifie WSDOT Intemal Audit 011ic$ in C6apter 60, which is paid foc in whole or in pan with funds obminad from the
accordance with generally accepted govemm�tal a�diring standards as issued Federel Govemment or bomnwed on the credit of the Federel Government
by the United Stetes Genewl Accounting Office by the Comptrollg General of pursnant to e grant, contract, losn, insurance, or guarantee ot unde�atanding
tbe Unitod States; WSDOT Manuai M 27-50, Consultant Author'uation, pursoant to any federal prog�am involving sach grant, �nnad, loan, inswance,
Selection, and Agnement Admmisaarion; me�randa of nnderstanding or guarantee, the required contract provisions for Fe�eral-Aid Coairaas
between WSDOT and FTiWA; and Office of Managem�t and Bndga Circular (FHWA 1273�, located ia Chapter 44 of the Local Agency Guidelines.
A-133.
If upon wdit it is found that overpaymrnt or patricipetion of fedetal money T6e Agency fnrther agrees that it wi0 be bound by the above equal
ia ineligible items of cost has occatred, the Agency shall reimbnrse the Stau fnr opportunity clause with respa.K to its own employment pracDces when it
the amount of sach overpaymeat or excess participation (see Section I3�. P�ti��P� � f��Y �g�� ��b� �� �'��. �at if t6e
applicant so pardcipating is a State or Local Govermaent, the above equal
opportuoiry clause is not appGcsble to any agency, instiumentality, or
VIII. Single Audit ACt subdivisiwi of such govemment which dces not participate in work on or under
The Agency, as a snbrecipient of federal funds, shall adhere to ffie fedeial �e�°AVact.
O!I'ice of Management and Budget (OMB) Circular A-133 as well as all T� Agency slso agrees:
applieable 5ederel and smte statutes ead regutations. A aubrecipient who (1) To assist and cooperate actively with t6e State in obtaining the
expends 5500,000 or more in federal awards from all souroes during a given complience of conuactors and subcontractors with the equal opportunity clausc
fiscal year shall 6ave a siagle or program-specific audit perfrnmad for that year �d mles, regulations, and relevaat orders of t6e 5ec�arp of Labor.
in accordance �viW the provisions of OMB Circular A 133. Upon conclasi� of
thc A-133 sudit, !6e Agency shall be responsible for wsvring that a copy of the {2) To furnish the State such informadon as it mey require for the
report is iransmftted pmmpUy to the Stete. supen�ision of suc6 compliance and that it will othemise assist the Siate in the
discherge of its primary responsib�7ity for securing compliance.
IX. Payment of Bllling �3� To refraia fmm entermg into any cantract or centeact modificarion
T6e Agency agrees that if payaient or anangement for payment of any of the subject �o Executive Order 11246 of September 24, 1965, wiW a contractor
Stste's billing riel8tive W the P%joct (o.g., State force work, proje.ct cancellation, debarred 5nm, w who has oot demonshated cdig�bility for, gove�nmwt
overpayment, cost ineligible for foderal participation, etc.) is aot made to the �nhaqs and federally essisted construction contrscts pursuent to the
State within 45 days after tlie Agency has bem biDed, the Sfate shell effect F.xecntive Order.
ceimbursement of the total sam due from t6e regalar mont6ly fuel tax
aflohnents w tLe Agmcy 5vm the Motor Vehicle Fnnd No additional Fedeia! (4) To carry out suc6 sanctious and penalties for violation of the equsl
proJect fund'mg anll be approved until full psymeat is rxeived anless otherwise °PP°�n' danse as may be nnposed upon contractors and subconnactots by
directed the Assistant Secretazy for Hig6ways and I.ocal Prog�ams. the State, Federal Hig6way Administration, or the Secretary of Labor pursuant
to Part II, subpart D of the Euxutive Order.
DOT Fomt 140-088 EF 3
Revised 0112004
In addition, the Agency e�ees that if it failsor�afuses tocomplyroaiththess----- ------
nndertakings, the Siate may take any or all of the following actions: For the coavmie�ux of the partios to th6 oontract, it is agreed that any
(a) Cancel, tecminate, or suspea�d lhis agrameat in whole or in part; claims and/or causes of ectiam which the Local Agency hes againsl the State of
Washiagton, growing out of this wntract or the project with which it is
(b) Refrain Irom extend'mg airy fiuther essistance w the Agency uader t6e �oncemed, sl�e�� pe broaght only in the Superior CouA for Th�nso�a CouMy.
pmg�am with res�ect to which t6e fai7ure or refusal occurred unt�7 ssdsfactory
assurance ofiutuie compliance has bcen received from the Ag�cy; and 7M. Certification Regarding the Restrictions of tl�e Use
of Federal Funds for Lobbying
(c) Refer the case to the De�rtmertt of Justice for appropriate legai The appmving sutdority certifies, to the best of his or her knowledge and
PT�+n�• belie� that
XIII. Liquid8ted Damages (1) No federel appropriated funds have ban paid or w71 be paid, by or on
'i�e here a t6at the 1i uidated mvisions of 23 CfR �f of tMe undersigncd, to aay pawn for in8uencing or attempting to
��Y bY 8� 9 � P in8uence an officer or ar�ployce of aay federal ageocy, e member of Congress,
Pert 635, Subpart 127, as supplemented, relative w the amoura of Fedeial � o�cer or employa of Congress, or an employee of a member of Congress
participation in ihe project cost, shall be epplicable in Uu eveat tbe cootractor in connection with the awazdiag of any foderal coanact tbe making of say
fails to complete the connact wid�io the oontract time. Failure to include �� �� � making of eiry federal loan, the entering into of any
liquidated damages provision w�l not relieve the Agency from reduction of ��m agreemeni, and the extension, continuation, rsaevual, amardment,
� P���ti� �� �� �'� P�S►aPb. or modificstion of erry foderal contract, gant, loan, or cooperative agreemeat.
XIV. Termlr�atton for Publlc ConveM�ce (2) If atry funds other d�an fodetal appropriated funds 6ave been paid w will
The Secremry of the Washingon State Department of Trensportatioa may be paid to any person for influ�cing or attcmptiag to in9uence an o�c� or
teaminate the contract iu wfiole, or from time to time in part, whemver. employce of any fedual agency, a member of Congress, an officer or emplayee
(1) The requisite federal fnnd'mg bec�mes unavailable Huongh fa�7uie of of Congress, or an employee of a member of Congress in connection with this
appmpriation orothervvise. Pa1ua1 ^oontract, graot, k�an, or cooperadve agreemeot, tbe undersigned shall
complae and submit the Standazd Form - LLL, "Disclosure Form m Report
(2) The coMractor is preveated 5wn procceding with the worfc ss a direct Lobbying," in accotdance with its instructions.
rGSUIt of an Exe�utive CAder of the Pcesident with respeci w tbe pmsacution of
war or in t6e intearst of t�ional defease, or an Executive Order of the President (3) T6e undersigned shell require d�at the langaege of this oa4i6cation be
or Governor of the State with respect to the prescrvation of wergy resources. inclnded in the award docnments f� all subawerds at all ders (includiug
subgranu, and contrects and su6conuacts under gisats, subgents, toans, and
(3) Tlie contractor is prevented from prnceeding with the work by reason of eooperative agrocments) which exc�cl SI00,000, aad that all such
a Prelimiosry, spe�ial, or permanent resuaining order of a cowt of competent subrecipiea�ts shatl oeRify and disclose accordingly.
jurisdiction wfiere the issuence of such ordor is primarily caused by i6e acu or �� �ficaHon is a meterial �epr�entation of fact upon which mdiance
omissions of persons or agenci� other than the contractor. � p� �eu thig trsasacqon was made or entered iato. Submissi� of tLis
(4) The Secretary determines that such tumination is in the best interests of cati5cation as a prenguisite for making or mtering into this transaction
�� S � imposed lsy Section 1352, Title 31, U.S. Code. Any person who fa�7s to fite the
required cenificetion shall be subject to a civil penalty of not I�s than S 10,000
and not mme than 5100,000 for each such fsiFure.
Additional Prov�ions
ooT Form �aaos9 eF 4
R��d o�rzooa
Page 1 of 2
Larry Matel
From: Brooks, Mar1c [BrooksM@wsdotwa.gov]
SeM: Monday, December 21, 2009 4:10 PM
To: Larry Matel
Subject: FW: Bremerton Highway Safety Improvement Project - Prospectus, Agreement and
Suppo�ing Exhibits.
Attachmenffi: intersections-Layou#2.pdf; Figure 2 SR310-Kitsap Way Bike Lane_doc; 140-039-
LocalAgencyAgreement Copy Copy 1.EF7; 140-101-
LocaU�qeACyfederalAidProjectProspectus Copy Copy 2 Copy Copy 4.EF7; Project
Description STIP.doc
I have reviewed and updated the Project Prospectus and Local Agency Agreement.
Changes to the Project Prospectus are:
Page 1:
Revised Date to 12/17/2009
Entered Total Estimated Cost
Revised Project Description to match the STIP (attached)
Changes to the Local Agency Agreement
Revised Project Deseription to match the STIP (attached)
Deleted Construction Funds
Additional Items required to obligate funds:
Prospectus Submittal Checklist — page 21-3 of the LAG manual
Roadway section for all areas where bike lanes are going to be installed.
Roadway sections for ali intersections where channelization or sidewalk widths are being changed.
Documented cost estimate per Chapter 22 of the LAG manual for Preliminary Engineering.
Note:
Construction Funds may not be obligated until NEPA is approved.
Please call me if you have any questions.
Mark Brooks
A�+ea Engineer
WSDOT Olympic Region Local Ptogtams
PH:360-357-2609 Fax:360-357-2601
From: Larry Mate) [mailbo:Lany.Mai;ei@ci.bremerton.wa.us]
' S�ent: Tuesday, [)eoember 15, 20U9 11:10 AM
To: Brooks, Mark; Egolf, Richard
Subject: FW: Bremert�n Highway Safety Improvement Project - Prospectus, Agreement and Supporting Exhibits.
Gentle�ea,
Caa I go ahead aad bave the LAA aqree�ent signsd by the ffiayor so �re
caa g�et started on thie �rhen Jeauary rolls arouad?
12/23/2009
Page 2 of 2
From: Larry Matel '
Sent: Tuesday, September 29, 2009 9:20 AM
To: 'Brooks, Mark'
C� Larry Matel
Sub�ect: Bremerton Highway Safety Improvement Project - Prospectus, Agreement and Supporting Exhibits.
For your revieM aad proc�ssinq.
*+* eSafe2 scanned this email for malicious content i**
*** IMPORTANT: Do not open attachments from unrecognized senders ***
12/23/2009
� ��, � Local Agency Federat Aid
� Depar�rnent o�f Project Prospectus
Prefix Route
Federal Aid FCC Date 12/17/2009
LQp1 qgency W8DOT Federal Empioyer
tuse ony Tax ID Number 91-6001231
Agency Federal Program Title
C' of Bremerton � 20.205 ❑ 20.2D9 ❑ Other
Project Titl� Start Latitude N47D 34' 30" Sta�t Longitude W 122D 37' 30"
Bremerton Highway Safety Improvement Program
End Latitude N47D 3d' 30" End Lon itude W 122D 37' 30"
Project Termini From To
Various Intersections Various Intersections
From: To: Length of Project Award Type
� Local ❑ Local Forces ❑ State ❑ Rail�oad
Federal Agen City Number County Number County Name WSDOT Region
� FHWA � Others I 15 18 Ki Ol ic Re 'on
Congressional District Legislative Districts Urban Area Number TMA / MPO / RTPO
6 35 7 PSRC
ro�ai �oca� a�nc�r P�se starc
Phase Esbimatied Cost Fundin Federal Fun� �
Nearesi Hundiecl Doliar arest Hundred Dollaar arest Hundred DoUa Monih Year
P�E• $85 500 $0 $85 500 lli/2010
RIV11
Const. $855 000 $855 00(? 111 /ZO11
�o�� 940 500 0 940 500
DBSCri on of E�cistin FaCil Existtn D� n and PreseM Condition
Roadway Width Number of Lanes
V�arious Various
The causes of the bicycle and pedestrian collisions are varied including sucb causes as driver inattention, pedestrians not crossing
at crosswalks, unmarked bicycle lanes, and low lighting levels. The purpose of the impmvements will be to raise the level of
prominence and awareness of ffie pedestrian and bicycle areas on these roadways. This will not only allow for them to be better
seen, but also to encourage them to seek out and use these enhanced areas where motorists will be expecting to see them.
�C1'� �Of1 Of PI''O w01'�(
Qescription of Proposed Wortc (Attach addi6onal sheet(s) if necessary)
Constrnct safety improvements at high accident locations in Bremerton at imersections and street segments identified by the
Washington Department of Ttansportation's anatysis of traffic accident data.
Local Agency Contact Person Title Phone
Maflel P.E. Mana " En ineer 360-473-5342
Mailing Address City State Zip Code
3027 Ol us Drive Bremerton WA 98310
BY
Rroject Prospectus Approval Approving Authorify
Title Date
ppT Fortn 140-1at EF Page 1 of 3
Revised 1/3aD7
I
�
Agency Projed Titie Date
City ofBremerton Br�merton Highway Safety Improvement Program 12/17/2009
of-Pro WOrk
Project Type (Check all that Appty) � Roadway Width Number of Lanes
❑ New Construction ❑ Path / Treil ❑ 3-� yarious Various
� Reconstruction � Pedestrian / Facilities ❑ 2-R
❑ Railroad ❑ Parking � Other
❑ Bridge
Geometric:Design Data
Descrl Th h Rou6e Crossroad
❑ Prinapal Arterial ❑ Principal Arterial
Federai � Urban � MinorArterial � Urban � MinorArterial
Functional ❑ c�"�� ❑ ca��co�
� ❑ Major Coilector ❑ Major Collector
CleSSifiCetioll � R��� ❑ Minor Coliector ❑ Rural ❑ Minor Coqector
❑ Aaoess 5treeURoad ❑ Aocess StreeURoad
Terrain � Flat ❑ Roll ❑ Mountain Flat ❑ Roli ❑ Mountain
Posted S d V' u
Des' n S Various
Existi ADT V '
Des' n Year ADT V'o
Desi n Year t
Desi n Hourl Volume DH Various
�Pe�formance,a�f Work
Pre(iininary Engineering Will Be PerFormed Sy Others Agency
City/Consultant 50 % 50 %
Construction Will Be-Pe�fiormed By Contract Agency
Contractor 95 °� 5 %
Envlror�mett�al Cfassification
� Final ❑ Preliminary
❑ Class I- Environmental Impact Statement (EIS) � Class tl - Categorically Exduded (CE)
0 Project Involves NEPA/SEPA Section 404 � Projeds Requiring Documentation
InteragencyAgreement (Documented C�
❑ Gass Iii - Environmentai Assessment (EA)
❑ Project involves NEPA/SEPA Section 404
Interagency AgreemeM
Environmental Considerations
Project is limited to signing, marking, illuminarion and sidewalk ADA ramp improvements on existing streets and within existing
ri.ght of way.
Page 2 of 3
qge��y Pi+ojed TiUe Date
City of Bremerton Bremerton Highway Safety Im rovement Program l2/17/2009
Ri 11t Of We
� No Right of Way Required ❑ Right of Way Required
" All construction required by the ❑ No Relocation ❑ Reloca6on Required
cot�tract can be accomplished
within the existinq riqht of way.
Descxiption of Utility Relocation or Adjustments and Existing Major Siructures Invotved in the Project
None anticipated.
FAA InvolvemeM
Is any airpQrt located within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes � No
Remarks
This project has been reviewed by the legisiative body of the administration agency or agencies, or iYs designee, and
is not inconsistent with the agency's comprehensive plan for communiry development
Agency City of Bremerton
Date By
�
MayodChairperson
1 OOT Form tao-1o7 EF Page 3 of 3
Revlsed 1l2007
I
I
Construct safety improvements at high accident locat�ons in Bremerton at intersections
and street segments identified by the Washington Departmeat of Transportation's analysis
of traffic accident data.
i
�,
�
i
�
,, FIGURE 1
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iv��,. ` + �/ � i 'CI � "r•a.�. ,ui;` '�rE '�'��''�`��'�?.,, Pi;; °P � +
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K � "� ,--�' �'1 i:n ) "+''.t , �`!y«t 'O "rb "+`"'' tir ?.� r . Y's m � ,�+., � ±�
.v';�? iN I � �n -.L^'` a r ^ r�€a`c' •`�" . �' i y, ..'�'. >"`fii. ; a L �Y
`v -- � 4 ". �' fs, ' �k; ' � v �� � »` ��a7tn� c:.v.l � �, �� v,' ! ��:`�.,�
.,� :�; �_ _��. � I� � I� f L��4���-.����•v:,��� b ���'i, .,�f,e.: y*:°'�•. ..yr�':�� t ,�P �;�- '+`C
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