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06/20/2012 AGENDA
i� 604© 00 CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 JUNE 20, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING: 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 PUBLIC RECOGNITION 4 MAYOR'S REPORT 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — June 6, 2012 C Minutes of Study Session — June 13, 2012 D Renewal of Interlocal Drug Task Force Agreement that provides law enforcement services and support for the West Sound Narcotics Enforcement Team (WestNET) E Resolution No 3173 authorizing Sole Source Purchase from The Fab Shop of Edgewood to repair and rebuild a Biosolids Applicator Truck Body for the Utilities Department F Purchase and Installation of required Police Equipment from Systems for Public Safety, Inc for two 2012 Chevy Caprice Police Patrol Vehicles G Purchase of a 20 HP Direct Drive FRP Centrifugal Fan from Fluid Systems, Inc for the Headworks Odor Control System at the Westside Wastewater Treatment Plant H Award Professional Services Agreement to Exeltech Consulting, Inc for Construction Management of "11 Street & Warren Avenue Intersection Improvements Project" I Accept Balance of Grant from Office of Public Defense (Final Payment) J Acquisition of 280 Microsoft Office 2010 Standard Edition software licenses K Purchase of Communications Switching Equipment from RightSys, Inc L Award Contract to South Bay Excavating, Inc for "Kiwanis Park & Green Streets Project" 6 GENERAL BUSINESS A Resolution No 3174 naming Anderson Cove property "Lillian A Walker Park" B Award Contract to South Bay Excavating, Inc for Armin Jahr Elementary Sidewalks Project 7 COUNCIL MEMBER REPORTS 8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 9 EXEMPT CLOSED SESSION — Update on "Labor Negotiations and Proceedings" per RCW 42 30 140(4)(b) Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT W , � s Ig e- aid hN c � r g G * AJ2 �6� 5fN5 l6&f- w .4.51411d,!�, Tgd - y< (5If � C. I) 5QS- 6, G J2-� rnat o -j J et, cell n� cto , 4 r 2 couAajr Valle ��mso 0cp 5K- 44-9 �se� lYl "CA 4 6 1 b )-<� e-� CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT e cep �O�N L Gq.s�n C.A:f-q e�- AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date June 20, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 348819 through 349030 and EFT's 11931 through 11964 in the amount of $2,091,289 95 2) Regular Payroll for the pay period ending June 15, 2012 in the amount of $693,717 94 STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 1/4/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 59 . ........................................................ ............................... SUBJECT: City Council Minutes for COUNCIL MEETING Date The Department: _ City Council Presenter Jim McDonald j � u h °�— �i Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A i APPROVALS: N/A i i I i RECOMMENDED MOTION: Move to approve the Consent Agenda as presented f i i STUDY SESSION ACTION: Consent Agenda ❑ g g ❑ General Business Public Hearin COUNCIL PRESIDENT: r COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 6, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 6, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6' Street, Bremerton, Washington, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Carol Arends, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Also present were City Attorney Roger Lubovich and Legislative Assistant Lori Smith City Clerk Shannon Corin was absent A COUNCIL BRIEFING was 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 Leslie Daugs followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle MAYOR'S REPORT Mayor Patty Lent • Presented Ruth Enderle with a "Mayor's Appreciation Award' in recognition of her 20 -years of service as the Executive Director of the Admiral Theatre, • Displayed photos from the recent "Kids to Parks Day' photo contest, and invited Parks Director Wyn Birkenthal to share a report on the field trip to Mount Rainier National Park with a group of kids seeing it for the first time, • Proclaimed the Week of June 18 to 24, 2012 as "Amateur Radio Week" and then provided the proclamation to Kristopher W. Stafford Vice President of the North Kitsap Amateur Radio Club who invited the public to attend the ARRL Amateur Field Day Exercise June 23 & 24, • Encouraged participating in Kitsap County's "Free" Furniture Roundup Event on Sunday, June 10 from 8 00 AM to 4 00 PM at the Olympic View Transfer Station at 9300 SW Barney Road, • Acknowledged members of the Bremerton Police Department who carried the "Flame of Hope" in the Law Enforcement Torch Run as part of the Special Olympics Opening Ceremonies, • Showed the City Council 2012 -2013 Group Photo, indicating it is posted on the City's website, • Was pleased crew members from the USS Bremerton worked with crews from the City's Public Works and Parks Department to cleanup the Gateway entrance into the City, and were rewarded for their efforts with a BBQ at McCloud's Grill House, • Announced the 2nd Annual Junior Firefighter Stairclimb Benefit for Amma Kocer- Bowman would be held on Saturday, June 23 from 10 00 AM to 4 00 PM at Fire Station No 1, • The Grand Opening Celebration of the Park Avenue Plaza and Ribbon Cutting for SEEfilm Bremerton Cinema will begin at 4 00 PM on Friday, June 22 at 655 4' Street, • Introduced Syd_ Nunez and Scott Rainey of Bremerton Elks Order 1181 who organized a very successful "Youth Jamboree" with a $2,000 grant from the organization's National Endowment Fund, and were now pleased to donate a check to the City in the unused amount of $584 75 to be used toward the City's Youth Wellness Center, • Brought forward new Public Works Director Cha_I Martin to discuss the closure of11th Street between Callow and Naval Avenues from June 13 to mid- August for the Crosstown Mayor Pipeline Project that will replace a critical sanitary sewer main, City Council Reg Mtg Minutes Wednesday, June 6, 2012 Page 2 of 4 PUBLIC RECOGNITION Mike Walton, Kitsap- Pierce County YMCA, announced several upcoming events including Splash & Jam June 19, Salute Sunday on June 24, Military Date Night on July 7, and Teen Late Nite every Friday; and also provided a construction update and provided the new floor plans CONSENT AGENDA 5A Check Numbers 348561 through 348818, and EFT -11877 through EFT -11930 in the amount of $2,565,739 20, Regular Payroll for the pay period ending May 15, 2012 in the amount of $698,070 28, Regular Payroll Pay Out and Correction for the pay period ending May 15, 2012 in the amount of $3,320 87, Regular Payroll for the pay period ending May 31, 2012 in the amount of $735,896 26, and Retiree Payroll for the pay period ending May 31, 2012 in the amount of $63,951 44 5B Minutes of Meeting — May 16, 2012 5C Minutes of Study Session — May 23, 2012 5D Interlocal Agreement for Mutual Aid and Establishing a Traffic Safety Task Force 5E Interlocal Agreement with Kitsap County for Water Main Construction on Orange Drive 5F Confirmation of Shannon Conn as City Clerk 5G Appointment of Heather Stinson as Assistant Director of Community Development at Pay Band 16, Rate 4 Todd Best referring to items 5G and 5F expressed his concern that the City was hiring a Management position in the Community Development Department when he could see no development going on in the City, and believed that the position of City Clerk should have been opened to all interested applicants instead of promoting within 06:07:21 Motion was made by Arends, and seconded by Flemister Comments were provided by Daugs and McDonald Runyon commented that he would abstain due to not having a chance to review the Claims and Check Numbers pnor to the meeting 06:09:15 M /S /C (Arends /Flemister) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion Brockus, Wheeler, Flemister, Arends, Younger, Wofford, McDonald Voted opposed to Motion Daugs Abstained Runyon Motion carried 7 -Yes, 1 -No, and 1- Abstention GENERAL BUSINESS 6A — RESOLUTION N0.3172 TO AMEND POLICE DEPARTMENT RATE TABLE D RELATING TO CHICKEN LICENSING; AND PARKS & RECREATION DEPARTMENT RATE TABLE F RELATING TO GOLD MOUNTAIN GOLF COURSE RATES & FEES: Roger Lubovich City Attorney, summarized that Rate Table D required updating due to the Council passing Ordinance No 5185, which increased the number of hens that may be kept under a single chicken license Wvn Birkenthal Parks & Recreation Director, referred to Rate Table F and stated that based on recent discussions with the Gold Mountain Golf Course Professionals, selected rate adjustments are being suggested which could help the City capture additional revenue from greens fees There were no comments from the public City Council Reg Mtg Minutes Wednesday, June 6, 2012 Page 3 of 4 06:12:45 Motion was made by Flemister, and seconded by Runyon Comments and questions were provided by Runyon, Brockus, and Daugs In response to questions Mayor Lent clarified that citizens will be allowed to purchase their chicken license from City Hall, and Daryl Matheny Head Golf Club Pro, confirmed that discounted green fees would still be available for senior citizens and low - income, punch cards would still be offered, and the increased rates would become effective July 1 06:15:54 M /S /C /U (Flemister /Runyon) Move to pass Resolution No 3172 amending Police Department Rate Table D, and Parks & Recreation Rate Table F as presented 613 — ORDINANCE NO. 5186 TO AMEND ORDINANCE NO. 5173 RELATING THE CITY OF BREMERTON 2012 BUDGET (MID -YEAR BUDGET ADJUSTMENTS, Becky Hasart Financial Services Director, explained that each year during May and June, the City assesses its current fiscal year budget for any needed adjustments Adjustments tend to be needed for the following reasons to adjust the estimated beginning fund balances to actual, to account for subsequent unanticipated or unexpected conditions, to adjust for various Council motions or resolutions, etc The attached ordinance outlines the various reasons for the current proposed budget adjustment There were no comments from the public 06:27:07 Motion was made by Brockus, and seconded by Daugs Comments and questions were provided by Brockus, Runyon, and Wheeler Ms. Hasart provided a PowerPoint@) presentation to highlight further details of the budget adjustments, responded to questions, and acknowledged her staff for their efforts 06:34:25 M /S /C /U (Brockus /Daugs) Move to approve Ordinance No 5186 amending Ordinance No 5173 relating to the City of Bremerton Fiscal Year 2012 Budget COUNCIL MEMBER REPORTS Leslie Daugs reiterated information about the 2nd Annual Junior Firefighter Stairclimb Benefit for Amina Kocer- Bowman on Saturday, June 23 from 10 00 AM to 4 00 PM at Fire Station No 1, announced that Boy Scout Troop 1549 and the Knights of Columbus Color Guard will provide a Flag Retirement Service on Saturday, June 16 from 10 00 AM to 2 00 PM at the Holy Trinity Parish located at 4215 Pine Road for anyone who has a tattered U S flag to be retired Adam Brockus regarding the Junior Firefighter Stairclimb Benefit noted that Fire Station No 1 is located at 911 Park Avenue, and expressed his sadness at the passing of Science Fiction Writer Ray Bradbury Roy Runyon echoed the sentiments about Ray Bradbury, and following several complaints to the City, reminded businesses that there are regulations regarding the use of sign boards Greg Wheeler attended the Farmer's Market opening with fellow Council Members Leslie Daugs and Nick Wofford, noting a special event will be held at the Market every Thursday through October 13 and encouraged others to attend and shop local, and appreciated the Parks Department hosting a neighborhood meeting on Monday to provide information on the Kiwanis Park & Green Streets Project Faye Flemister clarified the correct way to pronounce Matan Park, and encouraged residents of Anderson Cove to complete a survey on the City's website for their feedback on possible park improvements City Council Reg Mtg Minutes Wednesday, June 6, 2012 Page 4 of 4 Carol Arends figured the Charleston Business District was going to spend the next few weeks adjusting to the mayor traffic revisions taking place when 11' Street is closed between Callow Avenue and Naval Avenue for two months beginning next Wednesday Nick Wofford thanked his wife Mary for 48 -years of making his life interesting' With no further business, President McDonald adjourned the Council Meeting at 7 15 PM M Prerednd Submitte y LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Minutes for COUNCIL MEETING Date Synp — LD, o - Lo 1 Department City Council Presenter Jim McDonald Z h'V 13 Council President S tv d Y s e.S S l o h Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting r ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A I i I I i i RECOMMENDED MOTION: i j Move to approve the Consent Agenda as presented i i I STUDY SESSION ACTION: Xconsent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT �, ,(�,► i COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES June 13, 2012 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, June 13, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Christine Grenier, Council Assistant was present to provide staff support President McDonald 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 The following items are budgeted items or have been reviewed by the appropriate Council Committee, and will be placed on the June 20, 2012 Council Meeting Agenda unless otherwise stated A NO PRESENTATION PROVIDED — Only brief questions were asked and /or comments made 1 Renewal of Interlocal Drug Task Force Agreement that provides law enforcement services and support for the West Sound Narcotics Enforcement Team (WestNET) — Police Captain James Burchett, and Nick Wofford, Public Safety & Parks Committee Chair Consent Agenda 2 Resolution authorizing Sole Source Purchase from The Fab Shop to repair and rebuild Biosolids Applicator Truck Body for the Utilities Department — Jim Orton, Operations Manager, and Adam Brockus, Public Works Committee Chair Consent Agenda 3 Purchase and Installation of required Police Equipment from Systems for Public Safety, Inc for two 2012 Chevy Caprice Police Patrol Vehicles — Jim Orton, Operations j Manager, and Adam Brockus, Public Works Committee Chair Consent Agenda 4 Purchase of a 20 HP Direct Drive FRP Centrifugal Fan from Fluid Systems, Inc for the Headworks Odor Control System at the Westside Wastewater Treatment Plant — Patric j Coxon, Wastewater Treatment Plant Manager, and Adam Brockus, Public Works Committee Chair Consent Agenda I 5 Award Contract for Armin Jahr Elementary Sidewalks Project — Gunnar Fridriksson, Managing Engineer, and Adam Brockus, Public Works Committee Chair General Business 6 Award Professional Services Agreement to Exeltech Consulting, Inc for Construction j Management of , ,1' h Street & Warren Avenue Intersection Improvements Project'— Gunnar Fridriksson, Managing Engineer, and Adam Brockus, Public Works Committee Chair Consent Agenda 7 Accept Balance of Grant from Office of Public Defense (Final Payment) — Dawn Nelson, Municipal Court Services Manager, and Nick Wofford, Public Safety & Parks Committee Chair Consent Agenda l I City Council Study Session Minutes Wednesday, June 13, 2012 Page 2 of 2 B FULL DISCUSSION ITEMS 8 Acquisition of 280 Microsoft Office 2010 Standard Edition software licenses — Bill Eley, Information Services Manager Consent Agenda 9 Purchase of Communications Switching Equipment from RightSys, Inc — Bill Eley, Information Services Manager Consent Agenda 10 Resolution to name Anderson Cove property "Lillian A Walker Park" — Wyn Birkenthal, Parks & Recreation Director, and Nick Wofford, Public Safety & Parks Committee Chair General Business 11 Award Contract to South Bay Excavating, Inc for "Kiwanis Park & Green Streets Project" — Wyn Birkenthal, Parks & Recreation Director, and Nick Wofford, Public Safety & Parks Committee Chair Consent Agenda 12 Response Letter to the Department of Housing & Urban Development regarding changes in the calculation formula used for 2012 CDBG allocations that resulted in serious funding cuts for Bremerton — Marie Vila, Community Development Block Grants Administrator Information Only 13 Update on Municipal Court Reorganization — Dawn Nelson, Municipal Court Services Manager Information Only Council recessed from 6 03 to 6 13 PM C GENERAL COUNCIL BUSINESS Council Reports were provided and general business was discussed A presentation on a proposed Business and Occupation (B & O) tax credit was also provided by Council Member Roy Runyon With no further business, the Council Study Session was adjourned at 7 07 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORK City Clerk JIM McDONALD, City Council President JMSCIscg r AGENDA BILL CITY OF BREMERTON CITY COUNCIL S51) eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeee■ SUBJECT: West Sound Narcotics Study Session Date June 13, 2012 Enforcement Team (WestNET) Interlocal COUNCIL MEETING Date June 20, 2012 Drug Task Force Agreement with Counties Department Police of Kitsap, Mason and Pierce and Cities of Presenter Captain Burchett Bainbridge, Bremerton, Port Orchard, Phone 473 -5225 Poulsbo, Shelton and the Washington State Patrol and Naval Criminal Investigative Service SUMMARY: The Interlocal Drug Task Force Agreement replaces the agreement dated June 30, 2009 with essentially the same terms and conditions The agreement identifies law enforcement agencies that participate in the task force The document references the appropriate RCWs for authorizing, organizing, and conducting the drug task force according to State requirements The terms, conditions, recitals, and the task force's purpose are defined and stated in the document ATTACHMENTS: Interlocal Drug Task Force Agreement FISCAL IMPACTS (Include Budgeted Amount) The agreement has provisions that the Task Force's Advisory Board will provide reimbursement of overtime wages up to $10,000 per year for each officer assigned The Board may also reimburse wages/benefits up to a limit determined by the board APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the Interlocal Drug Task Force Agreement that provides law enforcement services and support for the West Sound Narcotics Enforcement Team (WestNET) Drug Task Force, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT i�G✓`z/ COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Kitsap County Sheriffs Office 614 Division Street Port Orchard, WA 98366 INTERLOCAL DRUG TASK FORCE AGREEMENT This Interlocal Agreement is made and entered into pursuant to the provisions of Chapter 39 34 RCW, this 30th day of June, 2012, by and between the Counties of Kitsap, Pierce and Mason and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton, and the Washington State Patrol and Naval Criminal Investigative Service RECITALS: 1. The high level of illegal sale and use of controlled substances in the Counties of Kitsap, Pierce and Mason and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton has had increasingly serious and adverse effects on the quality of life in these counties and cities 2 These counties and cities have, in recent years, found it necessary to spend even greater resources in fighting the problems caused by the illegal sale and use of controlled substances 3 The parties desire to enter into an agreement that provides a formal organization in order to centralize supervision and enhance the efforts of the law enforcement agencies to combat controlled substance trafficking 4 Chapter 39 34 RCW provides that local jurisdictions may enter into cooperative agreements for their mutual advantage Now, therefore, the parties hereto, through their respective legislative bodies, do hereby agree as follows INTERLOCAL DRUG FORCE AGREEMENT — 1 SECTION 1. DEFINITIONS. For purposes of this agreement. a "Agency" and "agencies" means the member agencies of the Drug Task Force, those being the Sheriff Offices of Kitsap, Pierce and Mason Counties and the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo, Shelton and the Washington State Patrol and Naval Criminal Investigative Service b "Advisory Board" means the representative body for the Drug Task Force and shall consist of the Chiefs of Police of the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton, the Sheriffs and Prosecutors of the Counties of Kitsap, Pierce and Mason, and the Chief of the Washington State Patrol and Supervisor in charge of the Naval Criminal Investigative Service C "Jurisdictions" means the Cities of Bainbridge Island, Bremerton, Port Orchard, Poulsbo and Shelton, the Counties of Kitsap, Pierce and Mason, and the State of Washington d "Drug Task Force" means a drug enforcement agency created by this agreement e The "WestNET Fund" means the account within the Kitsap County Treasurer's Office, which is administered by the Kitsap County Sheriff for the purpose of receipt and disbursement of drug forfeiture funds and court ordered contributions in accordance with section 7 of this agreement f "Drug Task Force Operations Fund" or "Operations Fund" means the fund administered by one of the member agencies for the purpose of receipt and disbursement of monies from the "WESTNET Fund" for day -to -day operational purposes of the Task Force. g. "Task Force Operation" means any drug law enforcement activity in which an officer assigned to the Task Force takes an active part Task Force operations may also INTERLOCAL DRUG FORCE AGREEMENT — 2 include controlled substance law enforcement activity in which the Task Force member's sole participation was to supply intelligence information to the arresting agency, or in which the Task Force provided follow -up support such as evidence processing, case preparation, warrant request, or follow -up investigation, if such intelligence or ancillary support is deemed substantial by the Advisory Board In its reviewing capacity as described in Section 6 a, the Board shall determine whether such intelligence or ancillary support in any given case has been substantial so as to make the activity a Task Force operation. h "Task Force Coordinator" means a Kitsap County Sheriff s Office Lieutenant or above elected by the Board SECTION 2. PURPOSE. The purpose of this agreement is to provide for and regulate the joint efforts of the City, County, State and Federal law enforcement to combat violations of controlled substance laws within the contracting jurisdictions for their mutual advantage In order to accomplish this purpose the task force and advisory board does and must operate confidentially and without public input The parties do not intend to create through, this Agreement, a separate legal entity subject to suit SECTION 3. GENERAL DUTIES OF THE PARTIES. a The County of Kitsap, through its Sheriffs Office, the County of Pierce, through its Sheriffs Office, the County of Mason, through its Sheriffs Office, the City of Bainbridge Island, through its Police Department, the City of Bremerton, through its Police Department, the City of Port Orchard, through its Police Department, the City of Poulsbo, through its Police Department, the City of Shelton, through its Police Department and the Washington State Patrol and Naval Criminal Investigative Service INTERLOCAL DRUG FORCE AGREEMENT — 3 shall assign such full time investigators to work in the task force as the drug enforcement needs require and the respective departmental staff levels permit b. Each jurisdiction shall pay all costs associated with its officers and equipment when assigned to the Task Force The Washington State Patrol will contribute a supervisor and pay all related costs associated with its officer and equipment c Each contributing agency shall act as an independent contractor and not as employee of the Task Force or of another party to this agreement As such, each party shall not have the authority to bind other parties nor control employees of other parties, contractors or other entities d Pursuant to RCW 10 93 040, personnel assigned to the Task Force shall be considered employees of the contributing agency, which shall be solely and exclusively responsible for that employee All rights, duties and obligations of the employer shall remain with the contributing agency The personnel assigned by the contributing agencies shall continue under the employment of that agency for purposes of any losses, claims, damages, or liabilities arising out of or related to the services provided to the Task Force or the activities of the Task Force Each agency agrees to hold harmless, defend, and indemnify the other parties in the Task Force in any action arising from the negligence of the employees of that agency including all costs of defense including attorney's fees e The Office of the Kitsap County Prosecutor shall, in addition to its normal duties in the prosecution of Kitsap County felony drug violations, represent the Cities, Kitsap County, and the State in real and personal property forfeitures and drug nuisance abatement proceedings initiated by Task Force assigned personnel The parties agree that INTERLOCAL DRUG FORCE AGREEMENT — 4 the Office of the Kitsap County Prosecutor shall receive as reimbursement for such representation a sum equal to ten percent (10 %) of the drug forfeiture cash and cash proceeds from sales of property forfeited as a result of such representation, provided, however, that such reimbursement shall not exceed the annual salary and benefits of a Grade Q02, Step 3 Deputy Prosecuting Attorney Such reimbursement shall be disbursed to the Office of the Kitsap County Prosecuting Attorney upon the final conclusion, including any appeal, of each forfeiture proceeding referenced above We understand that the Deputy Prosecuting Attorney assigned to represent the parties in the Task Force may also, upon agreement by the respective elected Prosecuting Attorney's in Pierce and Mason County, represent the parties in the Task Force in forfeiture proceedings in that county as a special Deputy Prosecuting Attorney f Pursuant to RCW 10 93 070, law enforcement personnel assigned on a full or part-time basis to the task force shall have full police powers within the geographical area of Kitsap, Pierce and Mason Counties Personnel assigned to the Task Force shall conform to their agency's rules and regulations, as well as Task Force policy All disciplinary matters will be the responsibility of the individual agencies SECTION 4. DURATION. This agreement shall take effect on July 1 2012 and terminate on June 30 2015 provided, however, this agreement may be renewed annually by mutual agreement of the parties SECTION 5. GENERAL ADMINISTRATION a. The Kitsap County Sheriff shall administer the WestNET Fund in accordance with applicable laws, this Agreement and any other mutually agreed policies INTERLOCAL DRUG FORCE AGREEMENT — 5 and procedures The Task Force Operations Fund shall be administered by the Task Force Coordinator or designee in accordance with the State Auditor's accounting standards for imprest investigative funds and such other standards as the Advisory Board may prescribe b The Advisory Board shall meet at least quarterly, provide policy and procedural guidance to the Task Force coordinator and supervisors, and supervise the use of the WestNET Fund and Operations Fund. Each member of the Advisory Board shall have an equal voice, as long as the agency has at least one full time investigator assigned to WestNET, in all Board matters c The Advisory Board shall appoint a Task Force Coordinator to supervise the daily operations of the Task Force according to this Agreement and the Operating Rules of the Task Force d The Advisory Board or designee shall have the authority to apply on behalf of the Task Force for such grant funds as may be available from federal, state, or private sources, for the furtherance of Task Force objectives SECTION 6. PROPERTY AND EQUIPMENT. a The Advisory Board or designee shall determine whether property seized and forfeited in a Task Force operation is to be retained for use by the Task Force or sold to generate cash for Task Force purposes All cash proceeds from such sales of forfeited property shall be promptly deposited in the WestNET Fund, as shall all cash seized and forfeited in a Task Force operation INTERLOCAL DRUG FORCE AGREEMENT — 6 b All cash, property and proceeds from property forfeited pursuant to RCW 69 50 505 by Task Force Operations shall be managed and disbursed only as provided in said RCW 69.50 505 In the event that the Task Force otherwise acquires any equipment, the parties agree to use the equipment only for such law enforcement purposes as are established by the Advisory Board C Upon dissolution of the Task Force, all property, provided to the Task Force by the participating agencies and all forfeited property, other than money, remaining in the Task Force's possession shall be returned to the respective contributing agencies Any Task Force -owned property and other cash or cash proceeds remaining in the possession of the Task Force (including monies in the WestNET Fund) shall be divided as follows ten percent shall go to the Kitsap County Prosecutor as attorney for the Task Force, ten percent to the Washington State Patrol, eighty percent shall be allocated pro -rata between the Cities and the Counties according to the number of officer months spent in Task Force service by support, operational and command personnel of their respective police agencies, during the term of this agreement d Notwithstanding the termination of this Agreement and distribution of Task Force properties as herein described, such property and monies shall remain subject to the use restrictions of RCW 69 50 505 in the hands of each party until fully expended for the law enforcement purposes permitted in said RCW 69 50 505 SECTION 7. HANDLING OF FUNDS. a The WestNET Fund shall be held by the Kitsap County Treasurer, who will disburse the fund according to such standards and direction as the Advisory Board INTERLOCAL DRUG FORCE AGREEMENT — 7 shall provide All interest earned on monies in the fund shall be credited to the fund and remain therein until disbursed according to this agreement b The Task Force Coordinator or designee shall maintain a fund of ready cash so that day -to -day needs of the Task Force can be met This shall be called the Task Force Operations Fund and shall be limited in amount to $25,000 00, or such other limit as the Advisory Board shall permit The Operations Fund may be kept and maintained at such location and in such manner as the Task Force Coordinator or designee shall determine, subject to the Washington State Auditor's standards on imprest investigation funds and such other requirements as the Advisory Board may establish c In accordance with RCW 69 50 505, cash proceeds from the sale of drug forfeiture property seized by WestNET shall be delivered to the Kitsap County Treasurer and shall be deposited in the WestNET Fund The State's share shall be remitted to the Washington State Treasurer, as required by the statute. A copy of the Kitsap County Treasurer's receipt and transmittal form for each such deposit, identifying the forfeiture case by name and/or number, shall be promptly provided to the Task Force Coordinator or designee. d In order to ensure compliance with this agreement, the parties agree that all forfeitures made pursuant to RCW 69 50 505 by each party shall be made available upon a reasonable request for disclosure by the Advisory Board e Kitsap County, Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the City of Shelton, and the Washington State Patrol currently may assign a detective and/or supervisor to the task force. The Advisory Board agrees to reimburse Kitsap County, INTERLOCAL DRUG FORCE AGREEMENT — 8 Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the City of Shelton and the Washington State Patrol for overtime wages up to $10,000 00 dollars per year for each full -time detective(s) and/or supervisor Kitsap County, Pierce County, Mason County, the City of Bainbridge Island, the City of Poulsbo, the City of Port Orchard, the City of Bremerton, the City of Shelton and the Washington State Patrol agree that this mterlocal agreement is subject to the terms and conditions of the agreement to reimburse wages/benefits and overtime wages up to a limit as determined by the Advisory Board, that this mterlocal agreement is contingent upon continued operation of the task force, that any party may withdraw from the iterlocal agreement upon thirty days written notice to each of the other parties, and that funding is subject to fund availability in the WestNET Fund f The Naval Criminal Investigative Service Northwest Field Office as a Federal Law Enforcement Agency is prohibited from providing any form of funding to the WESTNET Fund or the Drug Task Force Operations Fund for the purpose of financially supporting the drug task force, nor can be obligated in the future for any claims against these two funds In addition, the Naval Criminal Investigative Service and its employees will not receive any form of financial reimbursement from the two funds for any purpose The disbursement of seized property or assets to the Naval Criminal Investigative Service will only be considered after a legal review by the Inspector General, Naval Criminal Investigative Service Headquarters INTERLOCAL DRUG FORCE AGREEMENT — 9 SECTION 8. AMENDMENT. This agreement may be amended from time to time as deemed appropriate by the parties, PROVIDED, any such amendment shall become effective only after it has been adopted in writing by each of the parties SECTION 9. INTEGRATION. This agreement contains all the terms and conditions agreed upon by the parties, except necessary operational agreements between the law enforcement agencies of the respective jurisdictions in furtherance hereof No other understanding, oral or otherwise, regarding the subject matter of this agreement, shall be deemed to exist or to bind either of the parties SECTION 10. TERMINATION. Any party may withdraw from this agreement upon thirty (30) days notices in writing, given to each of the other parties SECTION 11. RECORDING WITH AUDITOR. This agreement shall be recorded with the Kitsap County Auditor upon written final approval of the parties INTERLOCAL DRUG FORCE AGREEMENT — 10 COUNTY OF KITSAP APPROVED APPROVED AS TO FORM STEPHEN A BOYER, Deborah Boe Kitsap County Sheriff Deputy Prosecuting Attorney Dated Dated APPROVED Kitsap County Board of Commissioners Port Orchard, Washington Dated CHARLOTTE GARRIDO, Commissioner Dated JOSH BROWN, Commissioner Dated- ROBERT GELDER, Commissioner Chairman of the Board ATTEST Dated Clerk of the Board INTERLOCAL DRUG FORCE AGREEMENT — 11 COUNTY OF MASON APPROVED APPROVED AS TO FORM- CASEY SALISBURY MICHAEL DORSEY Mason County Sheriff Mason County Prosecuting Attorney Dated Dated APPROVED Mason County Board of Commissioners Shelton, Washington Dated. LINDA RING ERICKSON, COMMISSIONER Dated TIM SHELDON, COMMISSIONER Dated STEVE BLOOMFIELD, COMMISSIONER ATTEST Dated Clerk of the Board INTERLOCAL DRUG FORCE AGREEMENT —12 CITY OF PORT ORCHARD APPROVED. APPROVED. ALAN TOWNSEND, Chief of Police TIM MATTHES, Mayor Dated Dated APPROVED AS TO FORM ATTEST GREGORY A JACOBY, City Attorney BRANDY RINEARSON, City Clerk Dated. Dated 1NTERLOCAL DRUG FORCE AGREEMENT —13 CITY OF SHELTON APPROVED APPROVED. DAVE EKLUND GARY CRONCE, Mayor Chief of Police Dated Dated APPROVED AS TO FORM. ATTEST- KATHLEEN HAGGARD, City Attorney VICKI LOOK, City Clerk Dated- Dated INTERLOCAL DRUG FORCE AGREEMENT —14 CITY OF BREMERTON APPROVED or, APPROVED CRAIG E. ROGERS, Chief of Police PATTY LENT, Mayor Dated. Dated APPROVED AS TO FORM ATTEST ROGER LUBOVICH, City Attorney SHANNON L CORIN, City Clerk Dated Dated INTERLOCAL DRUG FORCE AGREEMENT —15 WASHINGTON STATE PATROL APPROVED JOHN R BATISTE, Chief Dated APPROVED AS TO FORM Assistant Attorney General Dated- BUDGET and FISCAL SERVICES By Dated. INTERLOCAL DRUG FORCE AGREEMENT —16 CITY OF BAINBRIDGE ISLAND APPROVED APPROVED JON FEHLMAN, Chief of Police KIRSTEN HYTOPOULOS, Mayor Dated Dated APPROVED AS TO FORM ATTEST WILLIAM H PATTON, City Attorney ROSALIND LASSOFF, City Clerk Dated Dated INTERLOCAL DRUG FORCE AGREEMENT —17 COUNTY OF PIERCE APPROVED APPROVED PAULA PASTOR JOYCE McDONALD Pierce County Sheriff Council Chair Dated Dated ATTEST APPROVED AS TO FORM- Clerk of the Council Deputy Prosecuting Attorney Date Dated INTERLOCAL DRUG FORCE AGREEMENT — 18 CITY OF POULSBO APPROVED APPROVED DENNIS SWINEY, Chief of Police BECKY ERICKSON, Mayor Dated Dated APPROVED AS TO FORM ATTEST- JIM HANEY, City Attorney JILL BOLTZ, City Clerk OGDEN MURPHY WALLACE, P L L C Dated- Dated INTERLOCAL DRUG FORCE AGREEMENT —19 NAVAL CRIMINAL INVESTIGATIVE SERVICE APPROVED. PHYLLIS WADE Special Agent in Charge Dated APPROVED AS TO FORM Assistant Attorney General Dated INTERLOCAL DRUG FORCE AGREEMENT — 20 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 15E SUBJECT: Resolution No 39/23 Study Session Date 6/13/2012 Authorizing Sole Source Purchase to COUNCIL MEETING Date 6/20/2012 repair /rebuild a Biosolids applicator truck Department ERR body Presenter Jim Orton Phone 473 -5359 SUMMARY: The Utilities department has an applicator truck for the biosolids program It is a 2001 International 2674 with a spreader bed attached The bed is in dire need of repair which will involve a complete rebuild The bed that is presently mounted is a custom bed specifically designed for spreading The material that it spreads is very caustic to metal and repairing the existing bed is no longer an option The style of bed that is on the chassis is no longer available so we will have to contract a company to build us one The company we wish to use is The Fab Shop of Edgewood, WA at a cost of $145,537 37 including Washington state sales tax We are requesting a sole source purchase since this is the only company in western Washington that can do this type of work ATTACHMENTS: 1 Proposed Resolution, and 2 Copy of quote from The Fab Shop No. 31*73 FISCAL IMPACTS (Include Budgeted Amount) The funding is available thru the ERR 510 Fund APPROVALS. DEPARTMENT DIRECTOR (� G CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Resolution No 3111 uthorizin sole source purchase to rebuild a Biosolids applicator truck body for the Utilities Department STUDY SESSION ACTION: �( Consent Agend / L1 Gener Business ❑ Public Hearing COUNCIL PRESIDENT `�'C C COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION NO. 3173 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving and authorizing sole source purchase to repair and rebuild a biosolid's applicator truck body WHEREAS, BMC 2 76 040 establishes bidding procedures for the purchase of goods and services, and WHEREAS, pursuant to BMC 2 76 090, the request for bids requirement may be waived by written determination by the Director that either the materials, supplies, equipment or services are clearly and legitimately limited to a single source of supply, or that materials, supplies, equipment or services are subject to special market conditions, involve special facilities or services, or that a bid would not be otherwise practical or in the City's best interests under the circumstances, in which instances the purchase price may be best established by direct negotiation, and WHEREAS, there in only one company in Western Washington that can perform the work being requested therefore it has been determined that sole sourcing with The Fab Shop is in the City's best interests, and WHEREAS, sole sourcing with The Fab Shop allows the City to enter into direct negotiations for pricing with the vendor, and WHEREAS, the City Council desires to authorize the sole source purchase to repair and rebuild a biosolids applicator truck body, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The recitals set forth above are hereby incorporated as if set forth herein in full SECTION Z Pursuant to BMC 2 76 090 and BMC 2 76 100, the request for bids requirement are hereby waived and the Department of Public Works & Utilities is authorized to enter into a sole source purchase with The Fab Shop in the amount of $145,537 37, including sales tax, to repair and rebuild a biosolids applicator truck body SECTION 3. Severabthty If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect 1 Sole Source Purchase — Biosolids Applicator Truck Body Rebuild SECTION 4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R \Legal \Legal \Resolutions \Public Works \Sole Source Biosolids Applicator Truck Body doc 2 Sole Source Purchase — Biosolids Applicator Truck Body Rebuild The Fab Shop �y n 3 Quote BREMERTON EQUIP SERVI CITY OF To 100 OYSTER BAY AVE N— BREMERTON, WA 98312 United States Quotation Quote Number 22836 contact chuck Quote Date 08/03/11 Expires 07/31/12 Terms DUE ON RECEIPT, 1 5% MONTHLY Customer BREMERTON EQUIP SERVI CITY OF Phone (360) 473 -5356 Quoted by KEN R Fax Ship via BESTWAY BIO SOLID SPREADER Part Number Item Description Q uantity Price 1 17' BOI SOLID SPREADER 1 $0 00 /EA 1 STAINLESS 17' SPREADER 2 48" STAINLESS BLOWER 3 INSTALL HYDRALIC COOLER 4 REBIULD OR REPLACE HYDRALIC CONPONENT'S 5 INSTALL NEW HYDRALIC LINE'S 6 FAB & INSTALL NEW CAGE FOR MOTOR 7 TIE ELECTRICAL & FUEL SYSTEM INTO CHASSIS 8 REPLACE LIGHTING, WORK LIGHTS, MARKER LIGHT'S 9 INSTALL MINIMIZER FENDER'S 2 REPLACE MOTOR 1 $18,000 00 /EA EST Remanufactured Deutz BF41-913 Engine Assembly Intake manifold Fuel Infection pump Injectors Governor Turbo Exhaust Manifold LOFA 704 control panel and panel wiring harness Part Number Item Description Q uantity Price Deutz 3 year / 4500 hours limited warranty Additional grooming required (not Included in price) 1 Reuse Starter, alternator, engine wiring harness, SAE housing, flywheel, mounting brackets, exhaust manifold, air cleaner 3 HYDRALICS 1 $20,000 00 /EA EST 4 S S BLOWER 1 $25,000 00 /EA EST 5 S S HOPPER 1 $71,012 32 /EA 18 YD BIO WASTE SPREADER WITH REMOVABLE FLOOR, HYDRALIC REAR GATE Total* $134,01232 Tax as Applicable Printed Name Signature Purchase Order Number Date Signed authorization & PO are required to process order AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F SUBJECT: Purchase and installation of Study Session Date 6/13/2012 required Police equipment in two 2012 COUNCIL MEETING Date 6/20/2012 Chevrolet Caprice PPVs Department ERR Presenter Jim Orton Phone 473 -5359 SUMMARY: The 2012 approved budget for Equipment Rental Reserves (ERR) shows replacement of 2 patrol vehicles This year we purchased Chevrolet Caprice PPVs This Agenda bill is requesting authorization to install the required police equipment in these 2 cars We utilize a company named Systems for Public Safety under an approved contract with the City of Lakewood The City of Bremerton has an mterlocal agreement with the City of Lakewood to use this contract The total cost of installation is $25,395 14 including Washington State sales tax ATTACHMENTS: Copy of quote 013296 from Systems for Public Safety FISCAL IMPACTS (Include Budgeted Amount) The installation of the required police equipment in two Chevrolet Caprice PPVs is available thru the ERR 510 Fund APPROVALS: DEPARTMENT DIRECTOR 2. CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve a purchase order in the amount of $25,395 14 with Systems for Public Safety Inc of Lakewood Washington for installation of required police equipment in two 2012 Chevrolet Caprice PPVs STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Systems for Public Safety Inc. ESTIMATE # 10005 Lakeview Ave SW Lakewood, WA 98499 013296 Phone - 253 -983 -1103 Fax - 253 -983 -1101 Safety is Our Business ESTIMATE FOR SERVICES Estimate Date 05/08/2012 City of Bremerton 2011 Chevrolet -Caprice PPV City of Bremerton Lic # Odometer in 0 100 Oyster Bay Ave N Unit # Bremerton, WA 98312 VIN # Cust Id 11 Part Description / Number Qty Sale Extended Labor Description Hours Extended SPS Power Dist Unit Install all emergency equipment and 3000 2,40000 -12 Fused -timed circuits lighting - Labeled wire harness PD1 1 00 39900 39900 Sena] Number PDl l 00 WeCan Liberty Lightbar, fully loaded, Bremerton specs- with Clear Center Strobe tube to use with Cust 3M Emitter Box SV8BBRR 100 2,05000 2,05000 CenCom Sapphire with Traffic Advisory Control CCSRNTA3 I00 82310 82310 Siren, WHELEN- Projector Series Speaker w/ Bracket SA3 I SP 1 00 15000 15000 Vertex Hide -A -Way LED 2- Clear, front markers 2- Blue, Back -Up Housings VTX609 400 7995 31980 Traffic Advisor with flashing Red & Blue Ends TAM83RB 1 00 59900 59900 SideKlck Caprice, Split Red/Blue SK02W]1 l 00 35500 35500 Chevy Caprice Console 901 -0078A 100 24500 24500 Ann Rest CA 110 1 00 7500 75.00 Cup Holder CA- 0107LS 1 00 2450 2450 D &R Caprice Trunk Electronic Mount 932 -0018A 1 00 31700 31700 Map Light; Red/White with Dimmer 18" gooseneck CA0130 100 8500 85 00 Flare Box SB04 1 00 11000 11000 Re "Sta Page 1 of 3 ae 3004 Estl1 PDF created with pdfFactory trial version www pdffactory corn Systems for Public Safety Inc. ESTIMATE # 10005 Lakeview Ave SW Lakewood, WA 98499 013296 Phone- 253 -983 -1103 Fax-253-983-1101 Safety is Our Business ESTIMATE FOR SERVICES Estimate Date 05/08/2012 City of Bremerton 2011 Chevrolet - Caprice PPV City of Bremerton Lic # Odometer In 0 100 Oyster Bay Ave N Unit # Bremerton, WA 98312 VIN # Cust Id 11 Part Description / Number Qty Sale Extended Labor Description Hours Extended Single Cig plug 56415 100 1250 1250 Able 2 Triple Accessory Outlet 14_0553 100 3500 3500 Havis Mic Clip Bracket C -MCB 200 1000 2000 Streamlight flashlight w/ DC charger, Metal Finish SL20X 200 15000 30000 Red LED - Prisoner Light 4314 100 1255 1255 Switch Rocker, lighted LED - RED - prisoner light switch 7700100 1 00 395 395 Solid State Headlight Flasher CHEVY SSFPOSI6 1 00 8000 8000 NMO Kit 17ft N1VlO58UPL 1 00 1700 1700 Antenna, 1 /4WAVE, 806- 896MHz QW800 100 1015 10 15 Lighted Push Bumper PB450L4 1 00 59900 59900 Fender Protector Wraps PB5 100 35100 35100 Clear Poly Window Barriers Window Bars 100 19900 19900 Molded Door Skin, Caprice DK0100CAPl l 1 00 21500 21500 Partition with Recess Panel & Sliding Window l ORP 100 64900 64900 2 -Piece Lower Extension Panel for Recess Partition LP -R 1 00 6500 6500 Double Vertical Weapon Mounting System 1 AR 15 Lock 1 12GA Shotgun Lock DVWMSA 100 38500 38500 Re MM° Page '2 of 3 06 30 04 Estt 1 PDF created with pdfFactory trial version www pdffactory com Systems for Public Safety Inc. ESTIMATE # 10005 Lakeview Ave SW Lakewood, WA 98499 013296 Phone- 253 - 983 -1103 Fax-253-983-1101 Safety is Our Business ESTIMATE FOR SERVICES Estimate Date 05/08/2012 City of Bremerton 2011 Chevrolet - Caprice PPV City of Bremerton Lic # Odometer In 0 100 Oyster Bay Ave N Unit # Bremerton, WA 98312 VIN # Cust ld 11 Part Description / Number Qty Sale Extended Labor Description Hours Extended Chevy Capn ce Pnsoner Seat with Ready Buckle CC7501 100 55000 55000 Shipping -D &R Freight 1 00 15000 15000 Parts $ 9,206 55 Labor $ 2,400 00 Tax $ 1,09102 Total $ 12,697 57 Visa Us Online tvtvly systemsfornubbcsafety corn I hereby authorize the above repair work to be done along with the necessary matenal and hereby grant you and/or your employees permission to operate the vehicle descnbed for testing and/or mspechon Express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto SMOG 1 understand that I can have emission service and /or adjustments done elsewhere I hereby waive this right. TEARDOWN ESTIMATE 1 understand that my vehicle will be reassembled within days of the date shown above if I choose not to authorize the service recommended All Parts removed will be discarded unless instructed otherwise Save all Parts NOT RESPONSIBLE FOR LOSS OR DAMAGE TO CARS OR ARTICLES LEFT IN CARS IN CASE OF FIRE, THEFT OR ANY OTHER CAUSE SIGNATURE .. Date Time Fite, mr-to Page 3 of 3 08 30 04 Est» PDF created with pdfFactory trial version www Pdffactory corn AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a 20 HP Direct Study Session Date 6/13/2012 Drive FRP Centrifugal Fan for the COUNCIL MEETING Date 6/20/2012 Headworks Odor Control System at the Department WWTP Westside WWTP Presenter Pat Coxon Phone 473 -5448 SUMMARY: The existing headworks scrubber fan has reached the end of its life and needs to be replaced We requested quotations from four different U S manufacturers of FRP centrifugal fans, and received only one formal proposal from Fluid Systems Inc, from Portland Oregon The purchase price of the centrifugal fan is $27,802 00, and does not include freight (approx $500) ATTACHMENTS: 1 Council Summary and 2 Price Quotation FISCAL IMPACTS (Include Budgeted Amount) This purchase is budgeted through the Misc PS/WWTP Capital Budget of $500,000 Bars # 595 35325 APPROVALS: DEPARTMENT DIRECTOR ( CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve purchase of a 20 HP Direct Drive FRP Centrifugal Fan for the Headworks Odor Control System at the Westside WWTP for $27,802 00 STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT cl, / "` L �f ✓2 y COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY Headworks Scrubber Fan The existing 50 HP headworks scrubber fan has reached the end of its life and needs to be replaced The existing fan is a "squirrel cage" design with motor driving the fan via belts, which is not energy efficient and requires continued maintenance Staff inspected the fiberglass vanes on the existing fan and found numerous stress cracks within the vanes, so the unit was shut down before it catastrophically failed Requests for quotes were sent out to four (4) different manufacturers of U S made, direct drive FRP (fiberglass reinforced plastic) centrifugal fans, and we only received one quotation back Fluid Systems Inc from Portland Oregon, submitted a proposal for a 20 HP direct drive FRP centrifugal fan for the price of $27,802 (freight not included) The fan meets all of the required specifications and is manufactured in the U S Due to the reduction in horsepower (60% reduction), an application has been submitted to PSE for an energy efficiency grant, that has historically matched 50% of the purchase and installation costs We propose to purchase and install the 20 HP direct drive FRP centrifugal fan from Fluid Systems Inc 93SYSTFMSTM lfY�RdVIC� $ AIR t TNC Fluid Systems, Inc 4025 N E Hassalo, Portland, OR 97232 ` Phone (503) 2335877 - Fax (503) 2338878 - Email rrayner@Puidsystemsinc com Email rrayner @fluidsystemsinc com QUOTATION To Bremerton WWTP — Rick Zimburean 01 -02 -2012 From Rick Rayner Re Bremerton WWTP HEADWORKS EF NET 30 PPA FOB Factor RE: Bremerton WWTP F -30502 Centrifugal Fan - CLUB -4450. • Direct Drive, Arrangement 4. • Backward curved non - overloading impeller design. • All FRP construction using vinyl ester for the housing and impeller. • All interior FRP surfaces will include a "C" veil to protect the laminate. • All exterior FRP surfaces will include a "C" veil and an ultraviolet inhibitor to protect the laminate • Access door. • Round inlet (42" dia ) flange. (Flange will be sized and drilled to mate with a PS -1569 duct flange.) Rectangular outlet flange (Flange will be sized and drilled to mate with a PS -1569 duct flange.) FRP housing drain. • All hardware on the gas handling surfaces will be 316 stainless steel and encapsulated with mat and resin. • Brush blasted (SSPC -3) and painted steel fan base. • Arrangement 4 with motor mounted on the fan base • FRP motor canopy. • 20 HP TEFC, severe duty, VFD rated motor with 1 15 SF and rated C11, Div 2, Group D and a T3C temperature code (3/60/230 -460 @ 1750 RPM) Technical Notes 1. Fan to be test run and balanced at the operating speed. 2. Balance tolerance will be 0 078 in /sec velocity. 3. Bearings will have 100,000 hr rating Notes 1. No vibration isolators can be quoted for your Seismic Zone without a specification PERFORMANCE Fan performance is guaranteed by Verantis Corporation that performance meets AMCA Standards Handbook 99, Test Code for Air Moving Devices 210, and Certified Ratings Program for Air Moving Devices 211. TESTING Verantis Corporation fans are statically and dynamically balanced with the motor and the drive installed. All components are tested to ensure proper function A balance report is provided at shipment to verify these procedures have been completed. Verantis Corporation fans are rated in accordance with AMCA Standards Handbook 99, Test Code for Air Moving Devices 210, and Certified Ratings Program for Air Moving Devices 211. STANDARDS Verantis Corporation fabricates all fiberglass components in accordance with ASTM C582. Verantis Corporation follows the ASTM 4167 specifications for fiberglass laminates and fiberglass blowers. Commercial Notes 1. Verantis Corporation Conditions of Sale apply. 2. Taxes are excluded. 3. Prices are valid for 30 days. 4. Terms are net 30 days 5. Pricing is firm for an order received within thirty (30) days and for shipment in up to six (6) months. After this period, the pricing is subject to review for possible escalation. 6. Pricing is Ex -works LaGrange, OH. (Less Freight) Price (Ex -works LaGrange, OH) One (1) CLUB -3650 fan as described w/ 10 HP motor $25,6000 + Frt Availability Drawings will be available in 8 -12 working days Current fabrication time is 7 -8 weeks Thank you for your request. Please let me know if you need additional information Cheers, Rick Rick Rayner Fluid Systems, Inc httD / /www fluidsystemsinc com Portland, Oregon Phone 503 - 233 -8877 Fax 503 - 233 -8878 Milto rraynen8fluidsystemsinc com ;e 2 r), 3 We promise to provide you with the equipment and services specified herein at the prices specified herein and in accordance with our standard terms and conditions If you do not know or have a copy of our standard terms and conditions, please call us and we will provide a copy of them to you We are a manufacturer's representative only and are not bound to the general provisions of the plans or specifications in any way All equipment is provided F 0 B manufacturer's factory, freight is not included, unless specified otherwise herein, and exclusive of all taxes and expenses, including but not limited to any storage, delivery, rigging installation, or retention fees Unless expressly specified herein, no expedited delivery is included and standard lead times apply All shipping dates are estimates and are not guaranteed We assume no responsibility for any transportation damages to any equipment For all warranty claims and services, you must rely solely on the manufacturer's warranties, services, and related conditions, restrictions, and procedures if you have any questions about warranty claims and services, or the related conditions, restrictions, and procedures, please call us and we will answer your questions or put you directly in touch with the manufacturer Any and all terms, conditions, counteroffers, and other provisions (including, but not limited to, those that are added to this document by stamp or are included within any other document) that are different from, are inconsistent with, or are in addition to the provisions in this quotation or to our standard terms and conditions are not binding on us, without our express signed consent, which may be withheld in our sole discretion WE ARE PROVIDING EQUIPMENT AND SERVICES TO YOU IN EXCHANGE FOR YOUR PROMISE THAT (1) WE WILL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, CONSEQUENTIAL, INCIDENTAL, LOST PROFITS, OR SIMILAR DAMAGES CLAIMED UNDER ANY STATUTE OR UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF WARRANTY, BREACH OF CONTRACT, OR NEGLIGENCE, AND (2) OUR LIABILITY FOR ANY AND ALL CONTRACT, TORT, NEGLIGENCE, OR OTHER CLAIMS RELATING TO SUCH EQUIPMENT AND SERVICES WILL BE LIMITED TO AN AGGREGATE SUM OF $100 WE MAKE NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY (INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) REGARDING ANY EQUIPMENT OR ITS DESIGN, MANUFACTURE, INSTALLATION MAINTENANCE, CONDITION, OR USE THIS QUOTATION IS MADE FOR ACCEPTANCE WITHIN 30 DAYS, AND FOR SHIPMENT OF THE ORDER WITHIN SIX MONTHS OF THE DATE OF THE QUOTATION PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE UNLESS OTHERWISE AGREED UPON IN WRITING P - ae 2 of 3 VERANT[S Environmental Solutions Group Data for Model CLUB 4450 Reference: F -30502 Standard Conditions Operating Conditions Volume Flow Rate CFM 17000 Volume Flow Rate CFM 17000 Static Pressure In. WC 550 Static Pressure In. WC 5.50 Tern erature °F 6800 Tem erature °F 6800 Density Ib /ft3 0.0750 Densit Ib /ft3 00750 Elevation f 0.00 Elevation ft 0.00 Power BHP 18.61 Power BHP 18.6 ° RPM 815 Outlet Velocit FPM 160226 1 Static Efficiency % 789 Tig Seed FPM 9495 Class Max RPM 1159 Sound Power Levels Octave Band 1 2 3 4 51 6 7 8 OB Center Freq. 63 125 250 500 1000 2000 4000 8000 AMCA Lw 83 80 82 79 78 75 67 66 LwA Octave Band 631 681 741 771 79 76T 64 Weighted LWA 86 dBA Estimated Sound Pressure at 3.0 ft Open Inlet and Open Outlet 82 0 dBA Open Inlet and Ducted Outlet 79 0 dBA Ducted Inlet and Ducted 1 <79 0 dBA The table represents sound power levels of the selected Verantls fan Sound power Is neither environment dependent nor distance dependent Sound power belongs strictly to the sound source Sound pressure Is the perceived sound level at a certain distance from the fan within a certain environment The sound power levels shown in the table are estimates based on Verantls test data Verantls sound tests are conducted In accordance with AMCA Standards 300 (Reverberant Room Method for Sound testing of Fans) and 301 (Generalized Sound Format) By WWWest wwwest @verantis corn 440 - 243 -5411 30- January -2012 7251 Engle Road, Suite 300 • Middleburg Heights, OH 44130 - Telephone 440 - 243 -0700 Fax 440 - 234 -3486 • Toll Free 800 - 554 -8673 • www Verantis corn Successor in interest to Ceilcote APC Verantis Corporation (previously Ceilcote APC) 30- Jan -12 wwwest@verantis.com CLUB 4450 Fan At 815 rpm and 0.075 Ib /cf density 90 6 80 0 W 5 70 N d� d 3 60 4 w CL .. N 50 cn 3 " a m 40 = CL O ° N 2 30 0 m CL ti 0 20 = Y 1 i m 10 SE 0 0 0 10 20 30 CFM Thousands Design Conditions: 17,000 acfm at 5.5" SP and ambient F 18.6 BHP at 0.075 Ib /cf AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H SUBJECT: Approve Professional Services Study Session Date June 13, 2012 Agreement for construction management for COUNCIL MEETING Date June 20, 2012 the 11 Street and Warren Avenue Department PW & U Intersection Improvements Project Presenter Gunnar Fridriksson W"kl. 6XCI fG' Co►,s 14,^I mac. Phone 473 -2354 SUMMARY: The City has requested assistance for construction management for the 11 Street and Warren Avenue Intersection Improvements project Four consultants were contacted and rated on their initial proposals Exeltech was selected based on qualifications, and the attached scope of work and budget were negotiated Selection and negotiations was done in accordance with the Local Agency Guidelines (LAG) manual ATTACHMENTS. 1) Council Summary, 2) Agreement FISCAL IMPACTS (Include Budgeted Amount) Total estimated cost is $ 10 1 000, 00 and is based on an agreed upon hourly cost for the personnel supporting the project Work under this contract is partially funded by the Arlien R migrant (86 5% reimbursement) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 0 Move to approve the Professional Services Agreement for construction management services for the 11 Street and Warren Avenue Intersection Improvements Project and authorize the Mayor to finalize and execute the agreement with Exeltech in the amount of with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda ❑ Gen I Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY CONSTRUCTION MANAGEMENT FOR 11 AND WARREN INTERSECTION IMPROVEMENTS Summary The City of Bremerton will be advertising and awarding the I l Street and Warren Avenue Intersection Improvements Project this summer Current staffing levels are not sufficient for the City to provide in -house services for the construction management services for the project In review of the project costs, there is currently sufficient budget to have a consultant provide construction management support Overall project management will be by the City, as well as inspection field services The consultant will be tasked with being the project engineer for the City, with services including, but not limited to the daily interaction with the Contractor, reviewing submittals, certified payroll, documenting meeting minutes, correspondence, and other construction management services Section 31 of the Local Agency Guidelines (LAG) Manual were adhered to in selecting the consultant The Municipal Research and Services Center (MSRC) consultant list was reviewed and four firms were requested to submit for a proposal Of the four, Exeltech's proposal received the highest scoring for providing these services Fiscal Summary Estimated cost for the Consultant contract is $ , out of an overall construction budget of approximately $14 million Funding for the project is by a grant with the City match being 13 5% of the total cost This project is included in the 2012 budget Airport Extension Phase 11 Council Summary Local Agency Consultant/Address/Telephone Exeltech Consulting, Inc Standard Consultant 8729 Commerce PI Dr NE, Suite A Agreement Lacey, WA 98516 ® Arch itectural/Eng I neen ng Agreement ❑ Personal Services Agreement (360) 357 -8289 Agreement Number Project Title And Work Description Federal Aid Number 11th and Warren Avenue Intersection Improvements Agreement Type (Choose one) Construction Management Services ❑ Lump Sum Lump Sum Amount $ ❑ Cost Plus Fixed Fee Overhead Progress Payment Rate % Overhead Cost Method DBE Participation ❑ Actual Cost ❑ Yes ® No % Federal ID Number or Social Security Number El Actual Cost Not To Exceed % 91- 1491880 ❑ Fixed Overhead Rate % Do you require a 1099 for IRS? Completion Date Fixed Fee $ ❑ Yes ® No December 31, 2013 ® Specific Rates Of Pay Total Amount Authorized $ 69,968 32 ® Negotiated Hourly Rate Provisional Hourly Rate Management Reserve Fund $ ❑ ❑ Cost Per Unit of Work Maximum Amount Payable $ 69,968 32 Index of Exhibits (Check all that apply)- ® Exhibit A -1 Scope of Work ❑ Exhibit G -2 Fee -Sub Specific Rates ❑ Exhibit A -2 Task Order Agreement ❑ Exhibit G -3 Sub Overhead Cost ❑ Exhibit B -1 DBE Utilization Certification ® Exhibit H Title VI Assurances ® Exhibit C Electronic Exchange of Data ® Exhibit I Payment Upon Termination of Agreement ❑ Exhibit D -1 Payment - Lump Sum ® Exhibit J Alleged Consultant Design Error Procedures ❑ Exhibit D -2 Payment - Cost Plus ® Exhibit K Consultant Claim Procedures ® Exhibit D -3 Payment - Hourly Rate ❑ Exhibit L Liability Insurance Increase ❑ Exhibit D4 Payment - Provisional ® Exhibit M -la Consultant Certification ❑ Exhibit E -1 Fee - Lump /Fixed/Unit ® Exhibit M -lb Agency Official Certification ® Exhibit E -2 Fee - Specific Rates ® Exhibit M -2 Certification - Primary ® Exhibit F Overhead Cost ® Exhibit M -3 Lobbying Certification ❑ Exhibit G Subcontracted Work ® Exhibit M -4 Pricing Data Certification ❑ Exhibit G -1 Subconsultant Fee ❑ App 31 910 Supplemental Signature Page THIS AGREEMENT, made and entered into this day of , between the Local Agency of City of Bremerton , Washington, hereinafter called the "AGENCY", and the above organization hereinafter called the "CONSULTANT" DOT Form 140 -089 EF Page 1 of 8 Revised 3/2008 WITNESSETH THAT WHEREAS, the AGENCY desires to accomplish the above referenced project, and WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the PROJECT, and WHEREAS, the CONSULTANT represents that he /she is in compliance with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to f irmsh Consulting services to the AGENCY, NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows I General Description of Work The work under this AGREEMENT shall consist of the above described work and services as herein defined and necessary to accomplish the completed work for this PROJECT The CONSULTANT shall furnish all services, labor, and related equipment necessary to conduct and complete the work as designated elsewhere in this AGREEMENT II Scope of Work The Scope of Work and projected level of effort required for this PROJECT is detailed in Exhibit "A" attached hereto and by this reference made a part of this AGREEMENT III General Requirements All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY The CONSULTANT shall attend coordination, progress and presentation meetings with the AGENCY and/or such Federal, State, Community, City or County officials, groups or individuals as may be requested by the AGENCY The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation The minimum required hours or days notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A " The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the work in sufficient detail so that the progress of the work can easily be evaluated The CONSULTANT, and each SUBCONSULTANT, shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract The CONSULTANT, and each SUBCONSULTANT, shall carry out applicable requirements of 49 CFR Part 26 in the award and admmistration of USDOT - assisted contracts Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT that may result in the termination of this AGREEMENT Participation for Disadvantaged Business Enterprises (DBE), if required, per 49 CFR Part 26, or participation of Minority Business Enterprises (MBE), and Women Business Enterprises (WBE), shall be shown on the heading of this AGREEMENT If D/M/WBE firms are utilized, the amounts authorized to each firm and their certification number will be shown on Exhibit `B" attached hereto and by this reference made a part of this AGREEMENT If the Prime CONSULTANT is a DBE firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY'S "DBE Program Participation Plan" The mandatory DBE participation goals of the AGREEMENT are those established by the WSDOT'S Highway and Local Programs Project Development Engineer in consultation with the AGENCY All Reports, PS &E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C " All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for this PROJECT, and are the property of the AGENCY Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this PROJECT, shall be without liability or legal exposure to the CONSULTANT Page 2 of 8 IV Time for Beginning and Completion The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT under completion date The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT A prior supplemental agreement issued by the AGENCY is required to extend the established completion time V Payment Provisions The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided in Exhibit "D" attached hereto, and by reference made part of this AGREEMENT Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 A post audit may be performed on this AGREEMENT The need for a post audit will be determined by the State Auditor, WSDOT External Audit Office and/or at the request of the AGENCY'S PROJECT Manager VI Sub - Contracting The AGENCY permits sub - contracts for those items of work as shown in Exhibit "G" attached hereto and by this reference made part of this AGREEMENT Compensation for this sub - consultant work shall be based on the cost factors shown on Exhibit "G " The work of the sub - consultant shall not exceed its maximum amount payable unless a prior written approval has been issued by the AGENCY All reimbursable direct labor, overhead, direct non -salary costs and fixed fee costs for the sub - consultant shall be substantiated in the same manner as outlined in Section V All sub - contracts shall contain all applicable provisions of this AGREEMENT With respect to sub - consultant payment, the CONSULTANT shall comply with all applicable sections of the Prompt Payment laws as set forth in RCW 39 04 250 and RCW 39 76 011 The CONSULTANT shall not sub - contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY No permission for sub - contracting shall create, between the AGENCY and sub- contractor, any contract or any other relationship A DBE certified sub - consultant is required to perform a minimum amount of their sub - contracted agreement that is established by the WSDOT Highways and Local Programs Project Development Engineer in consultation with the AGENCY VII Employment The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from the AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a Page 3 of 8 third party as a consequence of any act or omission on the part of the CONSULTANT'S employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of the contract, any professional or technical personnel who are, or have been, at any time during the period of the contract, in the employ of the United States Department of Transportation, or the STATE, or the AGENCY, except regularly retired employees, without written consent of the public employer of such person VIII Nondiscrimination During the performance of this contract, the CONSULTANT, for itself, its assignees, and successors in interest agrees to comply with the following laws and regulations Title VI of the Civil Rights Act of 1964 (42 USC Chapter 21 Subchapter V Section 2000d through 2000d -4a) Federal -aid Highway Act of 1973 (23 USC Chapter 3 Section 324) Rehabilitation Act of 1973 (29 USC Chapter 16 Subchapter V Section 794) Age Discrimination Act of 1975 (42 USC Chapter 76 Section 6101 et seq ) Civil Rights Restoration Act of 1987 (Public Law 100 -259) American with Disabilities Act of 1990 (42 USC Chapter 126 Section 12101 et seq ) 49 CFR Part 21 23 CFR Part 200 RCW 49 60 180 In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "H" attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "H" in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto IX Termination of Agreement The right is reserved by the AGENCY to terminate this AGREEMENT at any time upon ten (10) days written notice to the CONSULTANT In the event this AGREEMENT is terminated by the AGENCY other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT as shown in Exhibit "I" for the type of AGREEMENT used No payment shall be made for any work completed after ten (10) days following receipt by the CONSULTANT of the Notice to Terminate If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth herein above, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply Page 4 of 8 In such an event, the amount to be paid shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing the work to the date of termination, the amount of work originally required which was satisfactorily completed to date of termination, whether that work is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the work required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the work performed at the time of termination Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth above If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT'S failure to perform is without the CONSULTANT'S or it's employee's default or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY In such an event, the CONSULTANT would be reimbursed for actual costs in accordance with the termination for other than default clauses listed previously In the event of the death of any member, partner or officer of the CONSULTANT or any of its supervisory personnel assigned to the PROJECT, or dissolution of the partnership, termination of the corporation, or disaffiliation of the principally involved employee, the surviving members of the CONSULTANT hereby agree to complete the work under the terms of this AGREEMENT, if requested to do so by the AGENCY This subsection shall not be a bar to renegotiation of the AGREEMENT between the surviving members of the CONSULTANT and the AGENCY, if the AGENCY so chooses In the event of the death of any of the parties listed in the previous paragraph, should the surviving members of the CONSULTANT, with the AGENCY'S concurrence, desire to terminate this AGREEMENT, payment shall be made as set forth in the second paragraph of this section Payment for any part of the work by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform work required of it by the AGENCY Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT X Changes of Work The CONSULTANT shall make such changes and revisions in the complete work of this AGREEMENT as necessary to correct errors appearing therein, when required to do so by the AGENCY, without additional compensation thereof Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed work or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY This work shall be considered as Extra Work and will be paid for as herein provided under Section XIV XI Disputes Any dispute concerning questions of fact in connection with the work not disposed of by AGREEMENT between the CONSULTANT and the AGENCY shall be referred for determination to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT, provided, however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to de novo judicial review If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit "J ", and disputes concerning claims will be conducted under the procedures found in Exhibit "K" XII Venue, Applicable Law, and Personal Jurisdiction In the event that either party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action shall be initiated in the Superior court of the State of Washington, situated in the county in which the AGENCY is located The parties hereto agree that all questions shall be resolved by application of Washington law and that the parties to such action shall have the right of appeal from such decisions of the Superior court in accordance with the laws of the State of Washington The CONSULTANT hereby consents to the personal jurisdiction of the Superior court of the State of Washington, situated in the county in which the AGENCY is located Page 5 of 8 XIII Legal Relations The CONSULTANT shall comply with all Federal, State, and local laws and ordinances applicable to the work to be done under this AGREEMENT This contract shall be interpreted and construed in accordance with the laws of the State of Washington The CONSULTANT shall indemnify and hold the AGENCY and the STATE and its officers and employees harmless from and shall process and defend at its own expense all claims, demands, or suits at law or equity ansing in whole or in part from the CONSULTANT'S negligence or breach of any of its obligations under this AGREEMENT, provided that nothing herein shall require a CONSULTANT to indemnify the AGENCY or the STATE against and hold harmless the AGENCY or the STATE from claims, demands or suits based solely upon the conduct of the AGENCY or the STATE, their agents, officers and employees, and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT'S agents or employees, and (b) the AGENCY or the STATE, their agents, officers and employees, this indemnity provision with respect to (1) claims or suits based upon such negligence (2) the costs to the AGENCY or the STATE of defending such claims and suits shall be valid and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the CONSULTANT'S agents or employees The CONSULTANT'S relation to the AGENCY shall be at all times as an independent contractor The CONSULTANT shall comply with all applicable sections of the applicable Ethics laws, including RCW 42 23, which is the Code of Ethics for regulating contract interest by municipal officers The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT'S own employees against the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW Unless otherwise specified in the AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the PROJECT Subject to the processing of a new sole source, or an acceptable supplemental agreement, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract administration By providing such assistance, the CONSULTANT shall assume no responsibility for proper construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance with the contract documents The CONSULTANT shall obtain and keep in force during the terns of the AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW Insurance Coverage A Worker's compensation and employer's liability insurance as required by the STATE B Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage The per occurrence amount shall not exceed one million dollars ($1,000,000) C Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit Excepting the Worker's Compensation Insurance and any Professional Liability Insurance secured by the CONSULTANT, the AGENCY will be named on all policies as an additional insured The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by the AGREEMENT The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time All insurance shall be obtained from an insurance company authorized to do business in the State of Washington The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to the AGENCY No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY The CONSULTANT'S professional liability to the AGENCY shall be limited to the amount payable under this AGREEMENT or one million ($1,000,000) dollars, whichever is the greater, unless modified by Exhibit "L" In no case shall the CONSULTANT'S professional liability to third parties be limited in any way Page 6 of 8 The AGENCY will pay no progress payments under Section V until the CONSULTANT has fully complied with this section This remedy is not exclusive, and the AGENCY and the STATE may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law XIV Extra Work A The AGENCY may at any time, by written order, make changes within the general scope of the AGREEMENT in the services to be performed B If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the work under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of the AGREEMENT, the AGENCY shall make an equitable adjustment in the (1) maximum amount payable, (2) delivery or completion schedule, or both, and (3) other affected terms and shall modify the AGREEMENT accordingly C The CONSULTANT must submit any "request for equitable adjustment ", hereafter referred to as "CLAIM ", under this clause within thirty (30) days from the date of receipt of the written order However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of the AGREEMENT D Failure to agree to any adjustment shall be a dispute under the Disputes clause However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed E Notwithstanding the terms and conditions of paragraphs (A) and (B) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT XV Endorsement of Plans If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them XVI Federal and State Review The Federal Highway Administration and the Washington State Department of Transportation shall have the right to participate in the review or examination of the work in progress XVII Certification of the Consultant and the Agency Attached hereto as Exhibit "M -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit "M -2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit "M -3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit "M -4" Certificate of Current Cost or Pricing Data Exhibit "M -3" is required only in AGREEMENTS over $100,000 and Exhibit "M -4" is required only in AGREEMENTS over $500,000 XVIII Complete Agreement This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as an amendment to this AGREEMENT XIX Execution and Acceptance This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and agreements contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept the AGREEMENT and agrees to all of the terms and conditions thereof Page 7 of 8 In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the "Execution Date" box on page one (1) of this AGREEMENT By By Consultant Agency DOT Form 140 -089 EF Revised 312008 Page 8 of 8 Exhibit A -1 Scope of Services 11 th and Warren Intersection Improvements Project June 6, 2012 Prepared by: Exeltech Consulting, Inc 8729 Commerce PI Dr NE Lacey, WA 98516 e x e I t e c h TABLE OF CONTENTS I. PROJECT DESCRIPTION .............................................................. ............................... 3 II. PROJECT SCHEDULE .................................................................. ............................... 3 III ASSUMPTIONS ............................................................................ ............................... 3 CONSTRUCTION MANAGEMENT ................................................... ............................... 4 Task 1 Pre - Construction Activities .......................................... ............................... 4 Task 2 Contract Administration for Construction ................... ............................... 5 Scope of Services Page 2 of 9 Exhibit A -1 SCOPE OF SERVICES 11 & Warren Intersection Improvements During the term of this Agreement, Exeltech Consulting, Inc, hereinafter referred to as the "Consultant ", shall perform professional services for the City of Bremerton, hereinafter referred to as the "City ", including the engineering, environmental and support services for construction management, in connection with the The Consultant shall actively coordinate and manage every aspect of the work, identify and resolve issues in a timely manner, communicate effectively, and ensure the accuracy and overall quality of the work and work products The Consultant shall be responsible for the performance of the services described hereinafter, furnishing materials and information as needed to accomplish the work tasks This document shall be used to plan, conduct and complete the work for the Project I. PROJECT DESCRIPTION This project is currently estimated at roughly $14 million for construction and will build two signal systems at 11th and 13th Street on Warren Avenue, along with construction of an extended right hand turn lane, infiltration gallery, pervious sidewalks, and asphalt overlay, among others II. PROJECT SCHEDULE • Council Approval July 18, 2012 • Notice to Proceed July 25, 2012 • Construction through December 2012 III. ASSUMPTIONS 1 Hazardous materials will not be found 2 The City will make timely payment of invoices (within 30 days of approved invoice) 3 The City will lead all public involvement efforts, with support from the Consultant 4 Project deliverables will be in hard copy and electronic format (excluding invoices and supporting documents, which will be delivered in hard copy format only) 5 The level of effort for each phase and task of work is limited to the amount of labor and expenses indicated in Exhibit E -2 The budget may be transferred between tasks, provided the total contracted amount is not exceeded Additional services beyond these limits may be considered Extra Work 6 All City directed activities, above and beyond the scope of work, will require written confirmation from the City Project Manager or designee Scope of Services Page 3 of 9 7 The project is to be completed by the Contractor in 90 calendar days This contract shall be assumed to be 80 working days with 10 additional working days built in due to changes, delay or weather The Consultant's Construction Management Team will begin one week prior to the pre - construction meeting and will continue until Contractor has physical completion 8 Contractor's work is anticipated to take place during daylight hours on a single shift of 8 hours per day, 5 days per week 9 Services will be performed in accordance with the WSDOT Local Agency Guidelines (LAG) and the WSDOT Construction Manual 10 The City will provide a project inspector for the project 11 The Consultant's Construction Management Team is assumed to include the following labor resources • Project Manager • One Resident Engineer /Office Engineer • One time Documentation Control Administrator • Office QA/QC Engineer • Administrative Support Professional services will be limited to the assumed hours and per hour costs established in Exhibit E -2 for each position, unless additional services are authorized by the City 12 To streamline communication, all project direction from the City will be channeled through Consultant's Resident Engineer, who will also serve as the primary point of communication with the Contractor 13 Exeltech's Resident Engineer will report directly to, and communication flow will be directly to /from the City's Project Manager 14 Project documentation will be maintained in the Consultant's web based documentation software, a -Room, and filed in accordance with standard filing protocol At the completion of the project, the original project documentation will be transferred to the City in hard copy and electronic format 15 The City will have WSDOT prepare the Record of Materials (ROM) 16 General materials testing shall be provided by the City with the City Inspector coordinating the materials testing effort 17 The City will have WSDOT perform all fabrication inspections of catch basins, manholes, signal poles, and signing City electronics staff shall perform inspection and testing of the signal controller cabinets 18 Hazardous materials and or archaeological discoveries /conditions are not known to be present at the project site, but will be properly dealt with if encountered 19 The City will lead the coordination between the Contractor's activities and the impacts to the local residents and businesses Construction Management Task 1 Pre - Construction Activities Scope of Services Page 4 of 9 1.1 Record of Materials The Consultant will review the ROM prepared by the State The ROM will be used to track all materials on the project 1.2 Pre - construction Conference The Consultant will prepare for and conduct a Pre - construction Conference prior to the Contractor beginning work The Consultant will develop an agenda and relevant project distribution information for the City's review and approval prior to the Conference The Consultant will distribute notices of, facilitate, and voice tape the conference, which will be held at the City's offices The Consultant will prepare and distribute meeting minutes within seven (7) days of the Conference to all attendees and affected agencies, staff, etc At the Pre - construction conference, the Consultant shall facilitate discussions with the Contractor concerning the plans, specifications, schedules, issues with utilities, unusual conditions, federal, state, and local requirements, EEO, DBE requirements, and any other items that will result in better project understanding among the parties involved 1.3 Pre - construction Photographs The City Inspector will take pre - construction photographs which will document the existing condition of the Project right -of -way, and all relevant buildings and structures adjoining the site Photos will be cataloged as to their location, date, and other relevant information The City will provide a copy of the pre - construction photographs to the Consultant in digital format Task 2 Contract Administration for Construction 2.1 Project Meetings The Consultant shall attend various project related meetings with the Contractor (including weekly project meetings) The Consultant will prepare the agenda, keep meeting minutes, and the action item list for each of the weekly Project meetings 2.2 Submittal Management All Project submittals will be logged and tracked by the Consultant The Consultant shall coordinate and process the receipt, distribution, review and compilation of comments, and monitor and track the processing of RFI's, schedule of values, submittals, samples, shop drawings, steel reinforcing details, bar lists, mix designs, test reports, traffic control plans, change orders, payment requests, certified payrolls, and other submittals from the Contractor for compliance with the contract documents The Consultant shall track and approve the processing of Request for Approval of Materials (RAM's) and review and distribute as necessary All Contractor submittals to City staff and /or FOR for will be submitted for approval, including proposed designs, construction methods and procedures for the various components of the structures, formwork and false work submittals, catalog cuts, and shop drawings for compliance with the Contract documents The Consultant will seek technical expertise from the Engineer of Record (EOR) when required for clarification or resolution of Contract drawings Scope of Services Page 5 of 9 The Consultant shall process the requests for sublet, and shall review and approve the requests according to the Standard Specifications Section 1 -08 1 The Consultant shall review and respond the Contractor's SPCC and Erosion Control Plan and shall monitor the Contractor's administration of both plans 2.3 Inspection Services The City will be providing an inspector for the project The Consultant shall coordinate and review the inspect of on -site construction methods, products, materials, and activities for conformance with the project plans, specifications, Contract documents, submittals and applicable codes and design standards with the ROM Any non - conformances, deviations, defects or deficiencies observed will be documented and communicated to the City The Inspector shall be the City's representative to coordinate and facilitate the Contractor's work with Utilities, and the adjoining property owners on the project The Consultant will review the required wage rates against the Inspectors required employee wage interviews The Consultant will also track the required DBE goals, and prepare Monthly Utilization Reports The City Inspector shall track and inspect all materials deliveries, storage and protection for compliance The City Inspector shall perform the technical inspection and verify acceptance testing for all project materials and constructed components as specified by the ROM The Consultant shall assist the Inspector to document all observed non - conforming work, and as necessary in conjunction with the design team make recommendations to the City for corrective measures In addition, the Consultant will notify the Contractor immediately and proactively work with the Contractor to resolve such issues Resolution of all nonconforming issues /item, will be tracked to assure that corrective work is completed As necessary, disputes will be elevated to the proper level The City Inspector shall prepare Inspector's Daily Reports (IDRs) documenting weather conditions, labor, equipment, and materials used, material and equipment deliveries to the site, phases of work being undertaken with start and stop times, work by bid item number, environmental permit compliance, Contractor contacts made, visitors to the site, quality of work, shortages, requests for change orders, engineer directives and /or clarifications, design issues, safety, traffic management, accidents, any notices received, interfaces with other agencies and government officials, identification of different site conditions and contaminated materials and the influence of external events such as weather and strikes which may affect the cost or completion schedule for the work The Consultant shall review and initial the IDR's and then they will be posted to a -Room by the end of the next day's shift The City Inspector will provide daily reports on any Force Account items on the City Force Account form The Consultant will document and calculate the amount to be paid for work performed on the force account The City Inspector will document and record field calculations and notes Scope of Services Page 6 of 9 The Consultant shall provide a weekly statement of working days to the Contractor and a copy to the file The City Inspector shall provide pictorial documentation through weekly progress photos during the construction period The construction photographs will be in digital format and cataloged by date Construction photographs will be posted to a -Room on a weekly basis 2.4 Claims /Change Order Administration The Consultant shall work to resolve day -to -day construction disputes which may occur during the course of the Project, and shall promptly inform the City of notices of changes or claims /issues raised by the Contractor The Consultant shall assist and work on behalf of the City in preparing and negotiating claims, change order costs and time extensions by evaluating the Contractor's proposal and performing a preliminary evaluation of the contents of the change or claim and obtaining factual information concerning the change or claim to evaluate merit and entitlement The Consultant shall prepare independent cost estimates based on the alleged cause of claims or proposed changes submitted by the Contractor Upon successful change order negotiations, the Consultant will prepare the final change order for execution by the City and the Contractor Where applicable, the Consultant shall prepare alternate estimates based on varying scenarios of the change or claim cause These estimates shall be transmitted to the City and shall be used in claim or change order rulings and negotiations All delays and extra work will be monitored and tracked The Consultant shall advise the City of the acceptability of price and time extension prior to submittal to the Contractor for their signature The Consultant will coordinate with and obtain written concurrence from the FOR on the description of work for each change order, which will be included as an attachment to the change order The Consultant shall prepare and maintain a Change Order Log which will be provided to the City on a weekly basis at the construction meetings for discussion The log shall document and track change order information pertaining to proposed and executed change orders and their effect on the contract price as of the date of the report The Consultant will coordinate emergency change order work as directed by the City If necessary, the Consultant will provide dispute resolution procedures and expert witness deposition during litigation (associated time not included in current budget) All minor items of work, per the contract bid item, will be approved by the City's Project Manager before the Consultant directs the Contractor to proceed with the work 2.5 Monthly Construction Contract Schedule Review The Consultant shall perform an initial detailed schedule review of the Contractor provided CPM for conformance with the contract documents, and will discuss related schedule issues or concerns with the City Scope of Services Page 7 of 9 On a monthly basis, the Consultant shall review and respond to the Contractor's updated construction schedule and compare with field- observed progress The Consultant shall monitor and regularly report to the City regarding schedule compliance If issues arise, the Consultant shall report to the City with suggested resolutions, and coordinate with Contractor in the development of recovery schedules, as needed, to address delays caused by either events or issues within the Contractor's control or other events or issues beyond the Contractor's control The Consultant shall advise the City and make recommendations for exercising the City's contract prerogatives, including giving the Contractor notice to accelerate the project progress, withhold payment for cause, and other prerogatives available in an effort to achieve contract and schedule compliance 2.6 Review Contractor Payment Requests The City Inspector shall record installed quantities and provide daily records to the consultant to track The Consultant shall review Contractor's invoices for materials, and provide a monthly pay estimate for the City to make payment to the Contractor based on measured quantities of work performed for each bid item As necessary, the Consultant shall prepare correspondence explaining payment recommendations 2.7 Document Reviews The Consultant shall conduct periodic internal quality documentation audits to monitor that documentation is complete and accurate when requested by the City The audit will be conducted by an independent member of the Consultant's staff The Consultant's project team will then respond to findings and recommendations from the audit The Consultant shall assist the City with and shall attend all Document Reviews conducted by WSDOT Local Programs for the Project, including any preliminary Document Review(s) during the construction of the Project, and a Project Management Review (PMR) after completion of the Project 2.8 Materials Testing The City will coordinate materials testing required on the Project and contract directly with the laboratory The Consultant shall document and evaluate results of testing, and address deficiencies The City intends to use Construction Testing Laboratories Inc (CTL) to perform necessary field and lab testing of granular materials, structural concrete, HMA, and other materials requiring testing All testing will be performed by the Consultant's sub - consultant CTL for those items requiring physical acceptance testing in accordance with the project plans and specifications Testing will be done according to the Local Agency Guidelines (LAG) and the WSDOT Construction Manual (as modified by the LAG manual) Specifically, this includes Table 9 -3 7 of the WSDOT CN Manual as modified by Section 52 3 Quality Control of the LAG 2.9 Record Drawings The Contractor will be responsible for maintaining a set of record drawings The Consultant shall review with the Contractor weekly these drawings to confirm accuracy. The field record drawings shall be verified on a monthly basis, as part of the progress Scope of Services Page 8 of 9 payment to the Contractor Upon project completion, contractor provided markups will be verified for completeness and supplemented with inspection information The Contractor will then forward the final conformed field record drawings to the FOR which will be the final record drawings 2.10 Project Closeout When appropriate, the Consultant shall make a recommendation for issuance of substantial construction completion The Consultant shall coordinate with the City, the EOR, sub - consultants, utilities, and other affected agencies to perform a project walk through and inspection, and oversee production of a comprehensive list of deficiencies and punch list items to be completed by the Contractor The punch list and Certificate of Substantial Completion will be prepared by the Consultant and issued by the City The Consultant will sign -off on punch list work as it is completed in accordance with the Contract documents Following completion of all punch list work, the Consultant shall recommend that the City and /or Utilities accept the Project Once all involved entities have accepted the Project in writing, the Consultant will prepare a Certificate of Physical Completion, which will be issued by the City The Consultant will prepare and /or finalize all of the necessary reports and documentation for the Project, including but not limited to the final pay estimate, comparison of preliminary and final quantities, record of material samples and tests, material certifications, affidavit of wages paid, and affidavit of amount paid to DBE participants Upon completion of all work on the Project, the Consultant shall deliver all Project documents to the City for permanent storage Project documentation shall be neatly organized and labeled in standard filing boxes A copy of all digital files related to the construction project, including all a -mails, shall be provided to the City on a mass storage device (thumb drive, or approved equivalent) The Consultant may keep a copy of the project documents for their records 2.11 Post - construction Photographs The City Inspector will take a series of post - construction photographs which will document the final condition of the Project right -of -way, and all relevant buildings and structures adjoining the site Photos will be cataloged as to their location, date, and other relevant information The City will provide a copy of the pre - construction photographs to the Consultant in digital format Scope of Services Page 9 of 9 Exhibit C Electronic Exchange of Engineering and Other Data In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency The format and standards to be provided may include, but are not limited to, the following I Surveying, Roadway Design & Plans Preparation Section A Survey Data B Roadway Design Files C Computer Aided Drafting Files D Specify the Agency's Right to Review Product with the Consultant E Specify the Electronic Deliverables to Be Provided to the Agency F Specify What Agency Furnished Services and Information Is to Be Provided II Any Other Electronic Files to Be Provided III Methods to Electronically Exchange Data A Agency Software Suite B Electronic Messaging System C File Transfers Format DOT Form 140 -089 EF Exhibit C Revised 6105 Exhibit D -3 Payment (Negotiated Hourly Rate) The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this AGREEMENT as provided hereinafter Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 1 Hourly Rates The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates shown in Exhibit "E" and "F" attached hereto and by this reference made part of this AGREEMENT The rates listed shall be applicable for the first twelve (12) month period and shall be subject to negotiation for the following twelve (12) month period upon request of the CONSULTANT or the AGENCY If negotiations are not conducted for the second or subsequent twelve (12) month periods within ninety (90) days after completion of the previous period, the rates listed in this AGREEMENT, or subsequent written authorization(s) from the AGENCY shall be utilized The rates are inclusive of direct salaries, payroll additives, overhead, and fee The CONSULTANT shall maintain support data to verify the hours billed on the AGREEMENT 2 Direct Non -Salary Costs Direct Non -Salary Costs will be reimbursed at the Actual Cost to the CONSULTANT These charges may include, but are not limited to, the following items travel, printing, long distance telephone, supplies, computer charges and sub - consultant costs a Air or train travel will be reimbursed only to economy class levels unless otherwise approved by the AGENCY The CONSULTANT shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs) in accordance with the AGENCY'S Travel Rules and Procedures However, air, train, and rental car costs shall be reimbursed in accordance with 48 CFR Part 3120546 "Travel Costs " b The billing for Direct Non -Salary Costs shall include an itemized listing of the charges directly identifiable with the PROJECT c The CONSULTANT shall maintain the original supporting documents in their office Copies of the original supporting documents shall be supplied to the AGENCY upon request d All above charges must be necessary for the services provided under this AGREEMENT 3 Management Reserve Fund The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or 10% of the Total Amount Authorized as shown in the heading of this AGREEMENT The amount included for the Management Reserve Fund is shown in the heading of this AGREEMENT This fund may not be replenished Any changes requiring additional costs in excess of the Management Reserve Fund shall be made in accordance with Section XIV, "Extra Work " DOT Form 140 -089 EF Exhibit D -3 Revised 3/09 4 Maximum Total Amount Payable The Maximum Total Amount Payable by the AGENCY to the CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this AGREEMENT The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and the Management Reserve Fund The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in Section XIV, "Extra Work " No minimum amount payable is guaranteed under this AGREEMENT 5 Monthly Progress Payments Progress payments may be claimed on a monthly basis for all costs authorized in 1 and 2 above The monthly billing shall be supported by detailed statements for hours expended at the rates established in Exhibit "E ", including names and classifications of all employees, and billings for all direct non -salary expenses To provide a means of verifying the billed salary costs for the CONSULTANT'S employees, the AGENCY may conduct employee interviews These interviews may consist of recording the names, titles, salary rates, and present duties of those employees performing work on the PROJECT at the time of the interview 6 Final Payment Final Payment of any balance due the CONSULTANT of the gross amount earned will be made promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent upon receipt of all PS &E, plans, maps, notes, reports, electronic data and other related documents which are required to be famished under this AGREEMENT Acceptance of such Final Payment by the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior to its acceptance Said Final Payment shall not, however, be a bar to any claims that the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time of final audit, all required adjustments will be made and reflected in a final payment In the event that such final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to the AGENCY within thirty (30) days of notice of the overpayment Such refund shall not constitute a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of overpayment The CONSULTANT has twenty (20) days after receipt of the final POST AUDIT to begin the appeal process to the AGENCY for audit findings 7 Inspection of Cost Records The CONSULTANT and their sub - consultants shall keep available for inspection by representatives of the AGENCY, STATE and the United States, for a period of three (3) years after receipt of final payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the following exception if any litigation, claim or audit arising out of, in connection with, or related to this contract is initiated before the expiration of the three (3) year period, the cost records and accounts shall be retained until such litigation, claim, or audit involving the records is completed Exhibit E -2 City of Bremerton 11th and Warren Intersection Improvements Project Hours Sheet Exeltech 2 o � O m m c c W c M Fm o o m o r_ _ c R �: M w w C d N O N k v .a E E U C w a � Task ` w w G a C� 1 PRE - CONSTRUCTION ACTIVITIES 1 1 Record of Materials 8 8 12 Pre - Construction Conference 12 12 13 Pre - Construction Photog 2 CONTRACT ADMINISTRATION FOR 21 Project Meetings 18 90 10 118 2 2 Submittal Management 60 216 276 2 3 Inspection Services 100 100 2 4 Claims/Change Order Administratic 5 40 45 2 5 Monthly Construction Contract Sc 20 20 2 6 Review Contractor Payment Re ue 80 40 120 2 7 Document Reviews 10 10 16 36 2 8 Materials Testing 10 10 16 36 2 9 Record Drawings 10 10 2 10 Project Closeout 10 10 20 2.11 Post - Construction Photog Total 23 450 286 32 10 801 Exhibit E -2 City of Bremerton 11th and Warren Intersection Improvements Project Summary of Cost Per Consultant Task Exeltech z 17 1 PRE - CONSTRUCTION ACTIVITIES 1 1 Record of Materials $85270 1 2 Pre - Construction Conference $1,27906 13 Pre - Construction Photographs 2 CONTRACT ADMINISTRATION FOR CONSTRUCTION 2 1 Project Meetings $12,64629 2 2 Submittal Management $16,46785 2 3 Inspection Services $10,65880 2 4 Claims/Change Order Administration $4,92663 2 5 Monthly Construction Contract Schedule Review $2 2 6 Review Contractor Payment Requests $10,39233 2 7 Document Reviews $3,05428 2 8 Materials Testing $3,05428 2 9 Record Drawings $1,06588 210 Project Closeout $1,53220 211 Post - Construction Photographs �ATOTALLABOR � 6468 062.07 Direct Costs $1,9062 Escalation , " T 69 3632 Exhibit E -2 Consultant Fee Determination - Summary Sheet Negotiated Rates 11th and Warren Intersection Improvements Project City of Bremerton Task Description Consultant Fee Determination Consults Exeltech Consulting, Inc Code Classification Man Hours Hourly Overhead Fixed Fee Rate Per LABOR Hours Rate 13647% 3000% Hour Dollars Project Manager 23 x $4977 $6792 $1493 $13262 = 3,05031 Resident Engineer /Office Eng 450 x $4000 $5459 $1200 $10659 = 47,964 60 Documentation Administrator 286 x $1750 $2388 $525 $4663 = 13,336 82 QA/QC Office Engineer 32 x $3570 $4872 $1071 $9513 = 3,04415 Administration 10 x $2500 $3412 $750 $6662 = 66619 Total Hours 801 Total DSC = $68,06207 Reimbursables Itemized Quantity Units Rate Direct Costs Meals and Lodging 0 each @ $15000 = $000 Mileage 2,750 each @ $056 = $1,52625 Reproduction 0 each @ $025 = $000 Mailing 19 Est @ $2000 = $38000 Misc 0 Est @ $5,00000 = $000 Reimbursables Total $1,90625 Exeltech Subtotal $69,96832 Subconsultant Costs (See Exhibit G) $000 Grand Total $69,96832 I I I i Exhibit F Breakdown of Overhead Cost Washington State Transportation Building o Department of Transportation 310 Maple Park Avenue S E Paula J. Hammond, P.E. P U Box 47300 Secretary of Transportation Olympia WA 98504.7300 360 -705 -7000 August 6 , 2010 TTY 1 800- 833 -6388 wmv wsdot wa gov Michelle Rhodes, Finance Manager Exeltech Consulting, Inc. 8729 Commerce Place Dr, Suite A Lacey WA 98516 -1363 Re Exeltech Consulting, Inc. Overhead Schedule Fiscal Year End December 31, 2009 Dear Ms. Rhodes: i On August 6, 2010, as a WSDOT representative, Laura Trainer, Audit Specialist, completed a desk review of your proposed FYE December 31, 2009, Overhead Schedule Laura also reviewed the documentation provided by Exeltech Consulting, Inc. during this review process The reviewed data included, but was not limited to, the schedule of the indirect cost rate, a description of the company, basis of accounting and description of Exeltech Consulting, Inc. accounting system, and the basis of indirect costs i Based on our desk review, we are Issuing this letter of concurrence establishing Exeltech Consulting, Inc. overhead rate for FYE December 31, 2009, at 136.47% (rate includes Facilities Cost of Capital) of direct labor Costs billed to actual agreements will still be subject to audit of actual costs. Please check with the WSDOT Consultant Services Office (HQ) and /or the WSDOT Area Consultant Liaison to determine when this reviewed rate will be applicable to your WSDOT agreement(s). If you or any representative of Exeltech Consulting, Inc. have any questions, please contact Martha Roach, Jeri Sivertson or Steve McKerney at (360) 705 -7003 i Sincerely, �_ 4 Martha S Roach Agreement Compliance Audit Manager MR:ds Enclosures CC. Steve McKerney, Director of Internal Audit Jeri Sivertson, Assistant Director of Internal Audit Kyle McKeon, MS 47329 Rick Griffith, MS 47323 File Exhibit F Breakdown of Overhead Cost Exeltech Consulting Inc Overhead Schedule For the Year Ended December 31, 2009 General Exeltech, INC. Description Ledger Ad). WSDOT Adj. Ref. Accepted A mount % Total Direct Labor Base $1,640,999 $37,319 Pj $1,678,318 Fringe Benefits Payroll Taxes $257,691 ($1,245) Q $256,446 1528% Vacation/Holiday /Sick Leave 209,069 209,069 1246% Incentive Compensation 0 0 000 Bonus 34,816 (34,816) R (0) 000% Health & Dental Insurance - Employees 107,536 107,536 6 41 % Insurance - Keyman 674 (674) H 0 000% Retirement 59,035 59,035 352% Total Fringe Benefits $668,821 ($674) ($36,061) $632,086 3766% General Overhead Auto expenses& parking $12,903 ($1,065) S $11,838 071% Advertising 6,447 (6,447) D (0) 000 Bad Debt 0 0 F 0 000 Bank Service Charges 2,116 2,116 013% Charitable Donations 4,400 (4,400) A 0 000% Computer and IT Maintenance 38,488 38,488 229% Depreciation 84,459 84,459 503% Dues, Subscriptions & Books 32,206 32,206 192% Education 5,908 5,908 035% Equipment Lease 16,448 16,448 098% Insurance 90,162 90,162 537% Interest/Financing Cost 15,637 (15,637) B 0 000% Licenses & Permits 16,033 16,033 096% Business Meals 10,999 (10,999) C (0) 000% Miscellaneous 0 0 000 Office Supplies 17,156 17,156 102% Office Move 12,469 12,469 074 Penalties 0 000% Personnel Recruitment 7,343 7,343 044 Postage & Delivery 9,377 9,377 056% Printing & Reproduction 32,828 32,828 196 Professional Fees 15,284 (1,737) G 13,547 081% Rent 300,709 (20,655) L 280,054 1669 Repairs & maintenance 13,764 13,764 082% Software Expenses 6,299 6,299 038% Staff' Meetings & Kitchen Supplies 4,493 4,493 027% Staff Entertainment 12,129 (11,119) K 1,010 006% Supplies - Operating 0 0 000% Taxes - City & State Business (Excise&UseTax 78,989 78,989 471% Taxes Personal Property' 1,594 1,594 009% Telephone 57,213 57,213 341% Temporary Help 1,969 1,969 012% Travel/ Mileage,Lodgmg, Transportation 26,830 (1,390) M 25,440 l 52% Uniforms 2,018 (2,018) D 0 000% Property & State Taxes 700 (700) 0 000 Page I Exhibit F Breakdown of Overhead Cost Exeltech Consulting Inc Overhead Schedule For the Year Ended December 31, 2009 General Exeltech, INC. Description Ledger Adj. WSDOT Adj. Ref. Accepted Amount % Political Contributions 3,720 (3,720) A 0 000% Gifts/Flowers 4,395 (4,395) E 0 000 Wages, Employees - Indirect 820,505 (41,802) (3,226) 1,N,Q 775,477 4621% Unallowable FAR 450 (450) O (0) 000 Total General Overhead $1,766,438 ($125,469) ($4,291) $1,636,678 9732% Total Overhead Expenses (Less FCCM) $2,435,258 ($126,143) (540,352 $2,268,763 135 18% Facilites Capital Cost of Money $21,625 $21,625 129% Overhead Rate (laclues FCCM) 14840% 13759% 136A7% Exeltech, Inc - Reviewed & Accepted 08✓100 LT "Overhead Rate sd U subject to WSDOT Audit" References Exeltech, Inc. Adjustments: A Contributions unallowable per 48 CFR 31205-9 B Interest unallowable per 48 CFR 31205-20 C Local meals & Business meals unallowable per 48 CFR 31205-46, 3l 205 -14, WSDOT Accounting Manual M13 -82 Chapter 10 Travel and WSDOT Overhead Policy D Advertising cost unallowable per 48 CFR 31205- l(f) 8 Gifts to clients unallowable per 48 CFR 31205-14 F Bad Debt unallowable per 48 CFR 31205-3 G Federal tax return preparation fees over $250 unallowable per 48 CFR 31205-4 l(bX 1), 48 CFR 31 201 -6(d), and WSDOT Overhead Policy H Key man life insurance unallowable per 48 CFR 31 205- 19(ex2xv) I Marketing Cost unallowable per 48 CFR 31 205 -1(f) 1 Overtime premium (Direct $3,947, Indirect $536) unallowable per 48 CFR 22103 -2. K Xmas part expenses in excess of 25 per employee & picnic costs in excess of 10 per employee per 48 CFR 31205-14 and WSDOT OH Policy L Common Control adjustment 48 CFR 31 205- 36(b)(3) Based on OR Review - WSDOT Verykd & Adjusted Common ControiAdjustment M Travel Lodgmg rates over per diem rates not allowed per 48 CFR 31205-46, and WSDOT Accounting Manual M 13 -82 Chapter 10 Travel N Wages for promotional marketing ($3,226) unallowable per 48 CFR 31205- 1(f), 31201 -6 0 Alcohol unallowable per 48 CFR 31205 -51 P Nonbillable labor ($41,266) moved from indirect salaries to direct labor base per 48 CFR 31 202(a) and AASHTO Audit Guide WSDOT Adjustments: Q Marketmg labor and associated fringe unallowable per 48 CFR 31205- l(f) and 31 201 -6 Exelteck provided marketing labor estimate of $3,226, and WSDOT calculated estimated associated marketing fringe In the amount of $1,245. R Bonus unallowable per 48 CFR 31205 -6(f) and the AASHTO Audit Guide Exeltech does not have an acceptable written bonus paUq . Incentive Compensation policy does not provide performance measurments, as required in the 2005 AASHTO Guide Chapter 5 -2. S Personal use of company vehicle unallowable per 48 CFR 31205- 6(m)(2), AASHTO Audit Guide and WSDOT Accounting Page 2 Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows 1 Compliance with Regulations The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT 2 Non - discrimination The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 215 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS 3 Solicitations for Sub - consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin 4 Information and Reports The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information 5 Sanctions for Non - compliance In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or, • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 6 Incorporation of Provisions The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States Exhibit I Payment Upon Termination of Agreement By the Agency Other Than for Fault of the Consultant (Refer to Agreement, Section IX) Lump Sum Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made shall total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the total work required for the PROJECT In addition, the CONSULTANT shall be paid for any authorized extra work completed Cost Plus Fixed Fee Contracts A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is to the total work required for the Project In addition, the CONSULTANT shall be paid for any authorized extra work completed Specific Rates of Pay Contracts A final payment shall be made to the CONSULTANT for actual hours charged at the time of termination of this AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT Cost Per Unit of Work Contracts A final payment shall be made to the CONSULTANT for actual units of work completed at the time of termination of this AGREEMENT DOT Form 140 -089 EF Exhibit I Revised 6/05 Exhibit J Alleged Consultant Design Error Procedures The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a nature that exceeds the accepted standard of care In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant Step 1— Potential Consultant Design Error(s) is Identified by Agency's Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency's project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s) For federally funded projects, the Region Highways and Local Programs Engineer should be informed and involved in these procedures (Note The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures ) Step 2 - Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed documentation than is normally required on the project Examples include all decisions and descriptions of work, photographs, records of labor, materials and equipment Step 3 — Contact the Consultant Regarding the Alleged Design Errors) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s) The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manger and any personnel (including sub - consultants) deemed appropriate for the alleged design error(s) issue Step 4 — Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant's alleged design error(s), there are three possible scenarios • It is determined via mutual agreement that there is not a consultant design error(s) If this is the case, then the process will not proceed beyond this point • It is determined via mutual agreement that a consultant design error(s) occurred If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant The settlement would be paid to the agency or the amount would be reduced from the consultant's agreement with the agency for the services on the project in which the design error took place The agency is to provide H &LP, through the Region DOT Form 140 -089 EF Exhibit J Revised 6/05 Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements No further action is required • There is not a mutual agreement regarding the alleged consultant design error(s) The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5 Step 5 — Forward Documents to Highways and Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Highways and Local Programs Engineer to H &LP for their review and consultation with the FHWA H &LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue If necessary, H &LP will request assistance from the Attorney General's Office for legal interpretation H &LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement • If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution H &LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue • If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation Exhibit K Consultant Claim Procedures The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement The following procedures should only be utilized on consultant claims greater than $1,000 If the consultant's claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s) that total $1,000 or less This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant Step 1— Consultant Files a Claim with the Agency Project Manager If the consultant determines that they were requested to perform additional services that were outside of the agreement's scope of work, they may be entitled to a claim The first step that must be completed is the request for consideration of the claim to the Agency's project manager The consultant's claim must outline the following • Summation of hours by classification for each firm that is included in the claim, • Any correspondence that directed the consultant to perform the additional work, • Timeframe of the additional work that was outside of the project scope, • Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work, and • Explanation as to why the consultant believes the additional work was outside of the agreement scope of work Step 2 — Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation After the consultant has completed step 1, the next step in the process is to forward the request to the Agency's project manager The project manager will review the consultant's claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim If the FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's recommendation for federal participation in the claim to the WSDOT Highways and Local Programs through the Region Local Programs Engineer If the claim is not eligible for federal participation, payment will need to be from agency funds If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Highways and Local Programs (if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim Inform the consultant that the final payment for the agreement is subject to audit No further action in needed regarding the claim procedures DOT Form 140 -089 EF Exhibit K Revised 6105 If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures Step 3 — Preparation of Support Documentation Regarding Consultant's Claim(s) If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following • Copy of information supplied by the consultant regarding the claim, • Agency's summation of hours by classification for each firm that should be included in the claim, • Any correspondence that directed the consultant to perform the additional work, • Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work, • Explanation regarding those areas in which the Agency does /does not agree with the consultant's claim(s), • Explanation to describe what has been instituted to preclude future consultant claim(s), and • Recommendations to resolve the claim Step 4 — Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation The Director of Pubic Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures) If the project involves federal participation, obtain concurrence from WSDOT Highways and Local Programs and FHWA regarding final settlement of the claim If the claim is not eligible for federal participation, payment will need to be from agency funds Step 5 — Informing Consultant of Decision Regarding the Claim The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant's claim(s) Include the final dollar amount of the accepted claim (s) and rationale utilized for the decision Step 6 — Preparation of Supplement or New Agreement for the Consultant's Claim(s) The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim Inform the consultant that the final payment for the agreement is subject to audit Exhibit M -1(a) Certification Of Consultant Project No Local Agency Bremerton I hereby certify that I am President and duly authorized representative of the firm of Exeltech Consulting, Inc whose address is 8729 Commerce PI Dr NE, Lacey, WA 98516 and that neither I nor the above firm I here represent has (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT) to solicit or secure the AGREEMENT, (b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out this AGREEMENT, or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out this AGREEMENT, except as hereby expressly stated (if any), I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U S Department of Transportation in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil Date Signature DOT Form 140 -089 EF Exhibit M -1(a) Revised 6/05 Exhibit M -1(b) Certification Of Agency Official I hereby certify that I am the AGENCY Official of the Local Agency of City of Bremerton , Washington, and that the consulting firm or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to (a) Employ or retain, or agree to employ to retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind, except as hereby expressly stated (if any) I acknowledge that this certificate is to be available to the Washington State Department of Transportation and the Federal Highway Administration, U S Department of Transportation, in connection with this AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil Date Signature DOT Form 140 -089 EF Exhibit M -1(b) Revised 6 /05 Exhibit M -2 Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions I The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals A Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency, B Have not within a three -year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property, C Are not presently indicted for or otherwise criimnally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (I) (B) of this certification, and D Have not within a three (3) year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default II Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal Consultant (Firm) Exeltech Consulting, Inc (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -2 Revised 6/05 Exhibit M -3 Certification Regarding The Restrictions of The use of Federal Funds for Lobbying The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that 1 No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement 2 If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U S Code Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly Consultant (Firm) Exeltech Consulting, Inc (Date) (Signature) President or Authorized Official of Consultant DOT Form 140 -089 EF Exhibit M -3 Revised 6/05 Exhibit M-4 Certificate of Current Cost or Pricing Data This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15 401 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15 403-4) submitted, either actually or by specific identification in writing, to the contracting officer or to the contracting officer's representative in support of 11th and Warren Intersection Improvements are accurate, complete, and current as of June 1, 2012 ** This certification includes the cost or pricing data supporting any advance agreements and forward pricing rate agreements between the offeror and the Government that are part of the proposal Firm Exeltech Consulting, Inc Name Santosh Kuruvilla Title President Date of Execution * ** * Identify the proposal, quotation, request for price adjustment, or other submission involved, giving the appropriate identifying number (e g , RFP No ) ** Insert the day, month, and year when price negotiations were concluded and price agreement was reached * ** Insert the day, month, and year of signing, which should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed to DOT Form 140 -089 EF Exhibit M4 Revised 6/05 AGENDA BILL CITY OF BREMERTON CITY COUNCIL •■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Office of Public Defense Grant Study Session Date 06/13/2012 Acceptance COUNCIL MEETING Date 06/20/2012 Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded $15,000 00 for the proposed public defense improvement project $7,500 00 was received and accepted by council on February 1, 2012, item 5E The status of the balance of $7,500 00 was unknown until the state passed its supplemental budget On May 15, 2012, the balance of $7,500 was received by the court This money is intended to be used for improvements including increased use of interpreters for attorney /client meetings, investigators, and an increase in the number of appeals filed The court also continues with the practices implemented with 2011 funds which provided for a public defender at first appearance hearings and a public defender at the fail for video hearings ATTACHMENTS: Letter of Acknowledgement FISCAL IMPACTS (Include Budgeted Amount) The OPD funding is a revenue source for $15,000 00 to be used directly for Public Defense in the City of Bremerton Municipal Court These monies will be fully expended as part of the 2012 Public Defense Contract There are no matching funds needed APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to accept the balance of the grant from the Office of Public Defense STUDY SESSION ACTION: 'Consent Agenda ❑ Gener Business ❑ Public Hearing COUNCIL PRESIDENT q COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL hop of { - CITY OF BREMERTON ,,,,,� CITY COUNCIL 91 x' j d SUBJECT: Office of Public Defense Grant Study Session Date 01/ 11/2012 Acceptance COUNCIL MEETING Date 4448QM 01 Department Municipal Court Presenter Dawn Nelson Phone 473 -5242 SUMMARY: The Bremerton Municipal Court applied to the Office of Public Defense for a grant and was awarded $15,000 00 for the proposed public defense improvement project $7,500 00 has been promised and received, the status of the balance of $7,500 00 is unknown until the state passes it's supplemental budget This money is intended to be used for improvements including increased use of interpreters for attorney /client meetings, investigators, and an increase in the number of appeals filed The court also continues with the practices implemented with 2011 funds which provided for a public defender at first appearance hearings and a public defender at the fail for video hearings ATTACHMENTS: Letter of Acknowledgement FISCAL IMPACTS (Include Budgeted Amount) The OPD funding is a revenue source for $15,000 00 to be used directly for Public Defense in the City of Bremerton Municipal Court These monies will be fully expended as part of the 2012 Public Defense Contract There are no matching funds needed As of this date, $7,500 00 has been received The balance of $7,500 00 is pending APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY _ FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to accept the grant for $7,500 00 from the Office of Public Defense STUDY SESSION ACTION: X Consent Agenda ❑ Gene I Business ❑ Public Hearing COUNCIL PRESIDENT i G t w , a , ®r COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Forth updated 11ro212o11 I #5TA I IR1 OUf1T WASHINGTON STATE (360) 586 -3164 Internet Email opd@opd wa gov OFFICE OF PUBLIC DEFENSE FAX (360) 586 - 8165 May 14, 2012 Dawn Nelson Court Administrator Bremerton Municipal Court 550 Park Avenue Bremerton, WA 98337 Re State Disbursement of Remaining 2012 Public Defense Grant Funding Dear Ms Nelson The Washington State Office of Public Defense (OPD) is disbursing the balance of 2012 public defense improvement funds to cities selected last fall for RCW 10 101 080 City Grants You may recall that due to state budget uncertainties, last fall OPD decided to distribute city grants in two installments, with the first payment sent to you in mid- December 2011 Thanks to the Legislature's support of OPD in the recently adopted state supplemental operating budget, OPD is now able to send you the second installment for an equal amount Enclosed is a short Amendment to the Grant Agreement for your review and signature by an authorized representative of the city The signed Amendment should be returned to OPD by May 30, 2012 A conformed copy will be mailed to you for your records Assuming the city uses state BARS coding, these grant funds should be received under BARS revenue code 334 01 2X Chapter 10101 RCW requires cities awarded funds to demonstrate to OPD that they are either meeting the public defense standards referenced in RCW 10101030, or that the funds received are used to make appreciable demonstrable improvements in the delivery of public defense services Accordingly, OPD looks forward to receiving the city's mid -year report in July 2012 (as required in the Grant Agreement), as well as visiting your program at least one time during the year OPD's Public Defense Services Managers are available to provide assistance to support the city's efforts or to answer questions Please feel free to contact Kathy Kunyama or David DeLong at (360) 586 -3164 We look forward to working with you Sincerely, 7� Sophia Byrd McSherry Deputy Director Enclosures c Presiding Judge James M Docter, Bremerton Municipal Court 711 Capitol Way South - Suite 106 - P 0 Box 40957 - Olympia, Washington 98504 -0957 BREMERTON CITY OF 345 6TH ST STE 600 PAYMENT DATE: 05/14/12 BREMERTON WA 98337-1873 WARRANT #- 54160OZ VENDOR #: SWV0000221 -00 BATCH: 09 -248 056 -0 * * * * * * * ** S T A T E O F W A S H I N G T O N * * * * * ** PAGE #: 1 RPTDWP827V VENDORS REMITTANCE ADVICE FROM: OFFICE OF PUBLIC DEFENSE CALL (360) 586 -3164 .•. . •.••• •,•••••••••..•.... . •..•..•.•...•• INV DT INVOICE NUMBER ACCOUNT NUMBER DOCUMENT # AMOUNT VENDOR MESSAGE AGREEMENT # / ORDER ID PAYMENT ID 050812 TRIAL COURT FUNDING 248 7,500.00 ST PUB DEF CHP 10.101 RCW 7,500.00 TO SIGN UP FOR DIRECT DEPOSIT PAYMENTS PLEASE VISIT THE OFM WEBSITE AT WWW OFM.WA.GOV /ISD /VENDORS.ASP. i Amendment to Grant Agreement No. 12219 WASHINGTON STATE OFFICE OF PUBLIC DEFENSE 1 Grantee 2 Grantee Representative City of Bremerton Dawn Nelson 345 6th Street, Suite 600 Court Administrator Bremerton, WA 98337 Bremerton Municipal Court 550 Park Ave Bremerton, WA 98337 3 Office of Public Defense (OPD) 4 OPD Representative 711 Capitol Way South, Suite 106 Joanne I Moore PO Box 40957 Director Olympia, WA 98504 -0957 Office of Public Defense 711 Capitol Way South, Suite 106 PO Box 40957 Olympia, WA 98504 -0957 5 Total 2012 Grant Amount 6 Grant Period Extension $15,00000 1 January 1, 2012 through December 31, 2012 7 Purpose The purpose of this amendment is to extend the grant period and increase the amount covered under this agreement by the second installment of the 2012 Chapter 10 101 RCW city grant award The Office of Public Defense (OPD) and Grantee, as defined above, hereby agree to extend the grant period through December 31, 2012 and increase the total distribution amount covered under this agreement to Fifteen Thousand and 00 /100ths Dollars ($15,000 00) All other terms and conditions remain in full force and effect FOR THE GRANTEE FOR OPD I . Cd.1.1,`Y1 CXX Y7 11 ► Name, Title A, YjUgj Mnne I Moore, Director 5 Qq 1 Date Date AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Acquisition of 280 Microsoft Study Session Date Office 2010 Standard software licenses at a COUNCIL MEETING Date Q • 02 cost of about $72,395 36 Department r Presenter /LL E LE Phone 3 SUMMARY: Several years ago the City standardized on Microsoft Office 2003 for its desktop software applications That product was first superseded by Microsoft Office 2007 and more recently by Microsoft Office 2010 We are experiencing an increasing number of incompatibilities between our version of the software and the versions used by companies and individuals attempting to communicate and/or do business with the City Further there is an improved feature set with the new software that we are unable to use to our advantage The purchase would be under the terms and pricing of the State of Washington Master Licensing Agreement with Microsoft ATTACHMENTS: FISCAL IMPACTS The cost of the software upgrade was included in the approved IT budget for 2012 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the purchase of 280 Microsoft Office 2010 Standard Edition licenses under the terms and pricing of the Washington State Master Licensing Agreement with Microsoft and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented STUDY SESSION ACTION: / Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL w 5 K ■■ eeeeeeeeeeeeseeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeee � SUBJECT: Replace /Upgrade Data Study Session Date June 13, 2012 Communications Switching Equipment for a COUNCIL MEETING Date June 20, 2012 cost of $30,018 36 Department Finance /IT Presenter Kevin Matthew Phone 473 -5473 SUMMARY: A majority of the City of Bremerton's network switching equipment is reaching the end of its expected useful life Industry standards place the usable life expectancy of this type of equipment at between 5 and 7 years Most X our equipment was acquired between 2004 and 2005 In addition to its age, our existing equipment is not Power over Ethernet (PoE) capable This network switch feature is required to provide power to Voice over IP (VoIP) phones and is an integral component to our planned migration to this technology Information Technology has planned and budgeted for the replacement of this equipment this year through the departments CIP IT is recommending the purchase of replacement equipment from the market leading Cisco Systems This equipment is best of breed, conforms to all current industry specifications and is well suited to carry the City of Bremerton's networking needs for the next 5 to 7 years ATTACHMENTS: 1 Quote from RightSys, Inc 2) Schedule of equipment to be replaced FISCAL IMPACTS (Include Budgeted Amount) This equipment is purchased off the Washington State DES Master Contract #T12- MST -642 The purchase amount of $30,018 36 is budgeted in 2012 under the Information Technology CIP and includes a trade -in allowance of $11,885 00 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the purchase of the listed network switch equipment from RightSys, Inc, in the amount of $30,018 36 STUDY SESSION ACTION: A Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT 1 / lj COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 Sold To: City of Bremerton Ship To: City of Bremerton Kevin Matthew Kevin Matthew 345 - 6th Street, Suite #600 �� ; 345 - 6th Street, Suite #600 Bremerton, WA 98337 ; Bremerton, WA 98337 United States Right! United States Phone: S Stems Phone- Fax- �_ � y Fax- ax• Quote # Date I Time Terms Sales Representative Contract Number Ship Vla RS1021137 06/13/121 09 58 02 Brent Burke I bburke @rightsys corn T12 -MST -642 Part Number Vendor Description Qty List Price Discount% Unit Price Ext Price WS- C2960- 24PC -L Cisco Catalyst 296024 10/100 PoE +2 T /SFP LAN Base Image 9 $2,49500 D35 $1,62175 $14,59575 WS- C2960- 48PST -L Cisco Catalyst 2960 48 10 /100 PoE + 2 1000BT +2 SFP LAN Base Image 6 $4,49500 D35 $2,92175 $17,53050 WS- C3750X -12S -S Cisco Catalyst 3750X 12 Port GE SFP I Base 1 $10,00000 D35 $6,50000 $6,50000 C0N- SNT- C375X12 Cisco SMARTNET 8X5XNBD Catalyst 3750X 12 Port GE SFP IP Base 1 $1,20000 D10 $1,08000 $1,08000 3-Com Trade -in Gear 3CR17562 -91 (x5) 1 -$11,88500 L -$11,88500 -$11,88500 3CR17561 -91 (x2) 3C17706(x1) 3C17204 (x5) 3C17203 (x3) SubTotal $27,82125 DES -ADMIN DES Master Contract Administration Fee 0 5% 1 $13911 L $13911 $13911 * ** Products below are not subject to the DES contract * *' TN- GLC -LH -SM TRANSI Transition Cisco compatible - SFP (mini -GBIC) transceiver module 6 $49000 D30 $34300 $2,05800 Total $30,018.36 Authorized Signature PO Number Date Signed A_ nchorage- Boise- Olympla- Portland - Seattle- Spokane Terms are 30 OAC Rightl Systems Inc. Standard Terms and conditions apply Applicable sales tax and freight are excluded and will be calculated at the time of shipping unless specifically requested Pricing Is valid until the end of each month and pricing may be subject to change All returns are subject to authorization and will be subject to a 15% restodung fee A copy of our Standard Terms and Conditions may be requested by contacting 1. 800 -571 -1717 Conflderrttal Rlghtl Systems Inc 2012 Fax Orders to 1- 360- 956 -0336 Page 1 xl I, Kevin Matthew, Network Administrator 345 Sixth Street Suite 600* Bremerton, WA 98337 * (360) 473 -5473 * FAX (360) 473 -5470 Agenda Bill Attachment 2 Date: June 13, 2012 Title: Schedule of Network Switch Equipment to be Replaced/Upgraded Replacement Location New Switch Model Model Serial NDGC WS- C2960- 48PST -L 3CR17562 -91 YEDF8WKF8A700 NDGC WS- C2960- 48PST -L 3CR17562 -91 YEDF6DDB603C0 SOG WS- C2960- 24PC -L 3C17203 78DR49B5F52A0 Fire Admin WS- C2960- 48PST -L 3C17204 L6EV4YD370860 Parks WS- C2960- 24PC -L 3C17204 L6EV4YD370DE0 Engr WS- C2960- 48PST -L 3CR17562 -91 YEDF8WKF88880 , PSB Annex WS- C2960- 24PC -L 3CR17561 -91 YECF71HC4AC0 PSB First WS- C2960- 48PST -L 3CR17562 -91 YEDF6DDB5D1C0 PSB Second WS- C2960- 48PST -L 3CR17562 -91 YEDF7GHE3C540 Oyster Fleet WS- C2960- 24PC -L 3C17203 L3AV4XD2F4260 Oyster Admin WS- C2960- 24PC -L 3C17204 L6EV44B3D5400 Oyster 2 nd WS- C2960- 24PC -L 3C17203 L3AV4XD2FB660 Oyster Elect WS- C2960- 24PC -L 3C17204 L6EV4YD36BF60 Oyster Bay Facilities WS- C2960- 24PC -L 3C17204 L6EV51D40C100 WWTP WS- C2960- 24PC -L 3CR17561 -91 YECF6GDB89B40 NDGC Core WS- C3750X -12S -S 3C17706 LFZT4DA8FC580 DATE SUBMITTED June 6, 2012 AGENDA BILL CITY OF BREMERTON CITY COUNCIL v5 L ■■ rrrrrrrrrarrrrrrrrrrrrrrr r r rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrrrrrrrrrrr rrrr � SUBJECT: Contract Award for Committee Meeting Date June 13, 2012 Construction of Kiwams Park and Green COUNCIL MEETING Date June 20, 2012 Streets Project to South Bay Excavating Department Parks Department Presenter Wyn Birkenthal Phone. 473 -5752 SUMMARY: Sealed bids for construction of the project titled "Kiwanis Park and Green Streets Project" were opened on May 14, 2012 The engineer's estimate for this project is $956,086 Three bids were received for this project. South Bay Excavating was the lowest responsive, responsible bidder with a bid of $1,041,300 75 (including sales tax) The bid total excludes Sch A Alternates 1 -2 and Sch B Alternates 3 and 5 ATTACHMENTS: 1) Bid Tabulation 2 ) Contract FISCAL IMPACTS (Include Budgeted Amount) Construction of this project is funded by over $1 1 M of grant funding and $425,000 in donated matching funds APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR CONSENT AGENDA Co L&VIC; PreS �d1ent- d �/ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to award a contract in the amount of $1,041,300 75 (including sales tax) with South Bay Excavating for construction of the project titled "Kiwanis Park and Green Streets Project" and authorize the Mayor to finalize and execute the necessary documents for construction COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Attachment 1 Bid Tabulation BCHED ITEM +• ! Sir a�4 {. F '� 4 'n"< ftR 4 !� d% NO DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 1 MOBILIZATION L S 1 20 000 00 ----- — 060 $25 000 00 325 000 00 $77 000 00 $77 000 00 5112 000 00 $112 000 00 2 PROJECT TEMPORARY TRAFFIC CONTROL L 3 1 10 00000 10 000 00 $1250000 $12 500 00 $72 000 00 $72 000 00 $24 000 00 $24 000 00 3 TEMPORARY EROSION 6 SEDIMENTATION CONTROL L S 1 5,000 00 5 $3 345 00 $3 345 00 $1 700 00 $1 700 00 $20 000 00 $20 000 00 ! STRUCTURE EXCAVATION CLASS B CY 175 1500 S 2 625 DO $3135 $5 488 25 $18 00 $3 150 00 $22 00 3 8 DEMOLISH CATCH BASIN 5 REMOVE EXISTING SIGNS EA 17 550 9350 $3500 $59500 $8000 $1 360 00 $7500 $1,27500 EA 2 30000 60000 $340 00 $880 00 $200 00 $400 00 1500 00 f 1 000 00 7 REMOVING ASPHALT CONCRETE PAVEMENT BY 1 1000 1710000 57950 5333/500 $2000 $3420000 $1800 1 8 REMOVE CEMENT CONCRETE CURB AND GUTTER LF 546 300 1844 00 $100 $54800 $11 00 S6 .02S 00 SS 0p 740 00 9 REMOVE CEMENT CONCRETE SIDEWALK BY 851 9 7 668 00 9 00 37 858 00 $20 00 $17 080 00 S12 00 $ 70 248 00 10 CRUSHED SURFACING TOP COURSE TON 140 1 6000 7000 $74 00 10 360 00 $49 50 38 930 00 425 00 $3 500 00 11 CAT FOR PAVEMENT PATCH CL 1l2' PG 8¢22 TO 154 120 00 18 480 00 $16500 $25.41000 $188 00 $28 644 00 $220 00 $3388005 12 CATCH BASIN TYPE 1 EA 5 50000 2.50000 $1 025 00 $5 125 00 $1 500 00 S7 500 00 S1 500 00 37.50000 13 CONNECTION TO DRAINAGE STRUCTURE EA 5 25000 1 25000 524000 — $1,20000 S365 00 $1,82500 $200 00 S11.00000 14 TRENCH DRAIN LF 30 __ 6000 1 800 00 $13700 $411000 f1 BO 00 $5 400 00 $125 00 $375030 is GRAVEL BACKFILL CY 76 2500 1 140 00 $3 $7300 $5,69400 $4500 $3,51000 16 ADJUST CATCH BASIN EA 12 30000 3 600 00 3550 00 $660000 — 358500 $7 020 00 $40000 S4 800 00 17 PERFORATED PVC UNDERDRAIN PIPE 8-IN DIA LF 75 40 00 3000001 32760 $2 062 50 18 $2000 51 500 00 $95 00 $712500 19 CEMENT C DUCTILE IRON SEWER PIPE &IN DIA LF 59 30 00 1 770 00 3S7 00 53 383 00 $4800 $2,83200 $7000 ft 130 00 CLING TYPE C-11 CURB LF 1 829 1800 32 922 00 $12 40 $22,67960 $1900 $34 751 00 $24 00 $43 20 CONCRETE DRIVEWAY EA 4 1 000 00 4 000 00 382500 $330000 $1,05000 $420000 53 500 00 $14 21 PERMEABLE INTERLOCKING CONCRETE SF 1275 75 11 00 15 125 00 $22 00 430 250 00 $1800 $24 750 00 111111100 $24 750 00 22 CEMENT CONC CURB RAMP TYPE A EA 3 1 400 00 32 200 2J CEMENT CO 00 $975 00 522125 00 St 050 00 524 150 00 $1 $3450000 CONIC CURB RAMP TYPE B EA 0 1 400 00 26 D00 00 5825 00 512 500 00 $72000 $14 400 00 $1,50000 $30 000 00 24 CEMENT CONIC SIDEWALK SY 15 00 12 375 00 531 00 is 525 00 $M OD $1210000 $5000 313750 00 25 POROUS TYPE SIDEWALK SY 6 45 00 21 670 00 $32 00 $15 552 00 $55 00 $26 730 00 $60 OD 329 180 00 28 TOPSOIL TYPE A CY 9 25 00 97500 54500 $1 755 00 $4700 $1 833 00 $48 00 $1 872 00 27 BIORENTENTION SOIL MIX CY 5 35 00 8 575 00 $85 00 $15 925 00 $77 00 26 PAINT LINE $16 00 885 00 585 $2002500 LF 2,202 1 00 2 202 00 $050 $1,10100 $060 $1 321 20 $070 $1 54140 29 PAINT CROSSWALK LINE SP 2 250 200 4 500 00 $135 $3 037 50 $1 40 $3,15000 $150 $3 375 00 30 ROADWAY SURVEYING L S 1 4 ' 00000 i 4 00 $276000 S2 750 00 $59'500 00 $59 51 500 00 0 000 00 $10 000 00 E D TOTAL $272 642 50 66 $506 013 20 60 10 ALTERNATE BID SCH A SAS BI 4280 JJ6 $ 2 ITEM NO DESCRIPTION UNIT QUANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST Al SHARE THE ROAD/ S SIGN EA 1800 S25000 $4 500 00 3290 00 $5 220 00 $22S00 $405000 $225 00 $I 050 00 A2 PAINTED BIKE SHARROW SYMBOL EA 18 00 $150 00 32 700 00 5330 00 $S 840 00 $50 00 $900 00 $55 00 $990 00 A3 POROUS CONIC WITH INTEGRAL COLOR SF 1 375 00 fs 00 fe 875 00 S4 70 Se 482 50 141 00 $58 375 00 f59 00 $B7 125 00 A3 MINUS BASE BID 21 PERMEABLE INTERLOCKING CON PVMT SF i 37500 $11 00 i 12 00 $22 00 $3025000 $1800 S24 750 00 518 00 $2475000 SCH A ALT BID TOTA 12 627 60 36 676 00 61 415 00 SCH A BASE BID + ALT BI $271 792 60 $277,708 Ja $642 66 20 $66! 172A0 SCHECU 9r 12 M SCH B BASE BID TOTA 4612 000 00 5676 760 00 $516,50000 5666 000 00 TRENCH SAFETY PROTECTION 3800 00 3750 00 5850 00 i1 000 00 8 6 %SALES TAX 544 032 00 549 51 / 50 544 419 DO SSB 68800 ALTERNATE BID ITEM NO DESCRIPTION TOTAL COST TOTAL COST TOTAL COST OST TOTAL COST ENGRAVED LETTERS AT WALL HILL STEPS $6000 $968 80 $S OS 84 $300000 A2 SEAT WALLS $1 900 00 $5 0 S6 400 66 $560000 A3 REMOVEABLE WOOD BOLLARDS $1 528 00 31 82900 $1 000 00 $2 A4 ENTRY PLAZA SUNDIAL ENGRAVED LETTERS 6 SYMBOLS 51 090 00 $4,99500 571 000 00 $1000000 AS LANDSCAPE BOULDER PLACEMENT AS AUTO $2,45250 $5 88/ 40 $1 600 00 f3 000 00 MATIC IRRIGATION SYSTEM $72,00000 $70,5900() $69.00000 $ 500 00 AAB 7 PURCHASE PICNIC SHELTER $21 79300 $28,236 OD $25.00000 $24 000 00 INSTALL PICNIC SHELTER S2B 900 00 $38 824 SO $41 500 00 525 000 00 SCH B ALT BID TOTAL 126 281 60 168 961 30 3183 047 JO $145,400 00 SCH B BASE BID + ALT BID 86 2&lA0 4762 246 60 723 968 30 3868 888 00 GRAND TOTAL SCH A (BASE BID +ALT BID) + SCH B (BASE BID +ALT BID 4968 068 00 $1 069 95416 41 288 50 41 24180 /0 DELETED ALTERNATES SCH A Al $6 220 00 HA A2 $5 940 00 SCH B A3 $1 e2900 SCH A AS $S 884 40 TOTAL APPROVED CONTRACT AMOUNT $1041,300 76 i CONTRACT DOCUMENTS and CONTRACT BOND FORMS WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY i CONTRACT CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of , 20_, between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and South Bay Excavating, Inc. hereinafter called the Contractor WITNESSETH That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows I The Contractor shall do all work and furnish all tools, materials and equipment for the Kiwanis Park and Green Streets Project, in accordance with and as described in the attached Plans and Specifications, and the 2012 Standard Specifications of the Washington State Department of Transportation which are by this reference incorporated herein and made part hereof and shall perform any changes in the work in accord with the Contract Documents The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Bremerton II The City of Bremerton hereby contracts with Contractor and Contractor hereby agrees to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached Plans and Specifications and the terms and conditions herein contained and hereby Contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this Contract III The Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and subcontractors IV The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as provided herein VI INDEMNIFICATION Contractor 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 cost and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence The City's inspection or acceptance of any of Contractor's 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration of termination of this agreement IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authorty has caused this instrument to be executed by and in the name of said City of Bremerton the day and year first above written Executed by the Contractor this day of 20 Contractor Executed by the Local Agency this day of 20 (SEAL) City of Bremerton Approving Authority City of Bremerton Attorney CONTRACT BOND CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS That , o f , as Principal, and as Surety, are jointly and severally held and bound unto THE CITY OF BREMERTON, the penal sum of Dollars ($ ) , for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents The condition of this bond is such that WHEREAS, on the day of A D, 20 , the said , Principal herein, an executed a certain Contract with the City of Bremerton, by the terms, conditions d provisions of which Contract the said , Principal herewith, agrees to furnish all materials and do certain work, to -wit That the said Principal herein will undertake and complete the following described work the County of Kitsap, Washington, as per maps, plans and specifications made a part of said Contract, which Contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said Contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such Contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall in all respects faithfully perform said Contract according to law, then this obligation to be void, otherwise to remain in full force and effect WITNESS our hands this day of 20 Principal Surety Company By By By Attorney -in -fact APPROVED AS TO FORM this day of , 20 Address of local office and agent of Surety Company City of Bremerton Attorney AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeee•■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Resolution noAl Study Session Date June 13 2012 Anderson Cove Water after Lillian A Walker COUNCIL MEETING Date June 20 2012 Department Parks and Rec Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY: In 2011 the City acquired a waterfront parcel for park and storm water infiltration use in the Anderson Cove neighborhood On May 22 the Bremerton Park and Recreation Commission reviewed the city's naming policy and noted that parks and public facilities may be named after a person that has contributed outstanding civic service to the community The Commission then voted unanimously (4 -0) to recommend to city council and staff that the Anderson Cove property be named Lillian A Walker park in honor of the outstanding service Mrs Walker gave to Bremerton as a pioneer in the local civil rights movement and as a founding member of community organizations including the YWCA ATTACHMENTS: Proposed Resolution gd. 311 q Naming Policy Lillian A Walker Biography FISCAL IMPACTS (Include Budgeted Amount) None, Parcel is currently undeveloped APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY L _ - z--- FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve Resolution no naming the Anderson Cove property after Lillian A Walker STUDY SESSION ACTION: ❑ Consent Agenda General usiness ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 i RESOLUTION NO. 3 7 A RESOLUTION of the City Council of the City of Bremerton, Washington naming certain waterfront property owned by the City in Anderson Cove "Lillian A Walker Park " WHEREAS, Lillian A Walker was a civil rights pioneer in Bremerton, and WHEREAS, following World War II she was secretary of the local NAACP branch and led voter registration efforts, and WHEREAS, she organized support for passage of the Fair Employment Practices Act passed by the State Legislature in 1949, and WHEREAS, Chapter 2 82 of the Bremerton Municipal Code authorizes the City Council to name City parks following review by the City Parks and Recreation Commission, and WHEREAS, the City acquired certain waterfront property in Anderson Cove for utility purposes with the intent to develop it for park purposes, and WHEREAS, the City Parks and Recreation Commission has approved a recommendation that the property in Anderson Cove be named after Lillian A Walker, and WHEREAS, City Council desires to name the Anderson Cove property "Lillian A Walker Park ", NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS Park" SECTION 1. The Anderson Cove property is hereby named "Lillian A Walker SECTION Z Severabrhty If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTIONS. Effective Date This resolution shall take effect and be in force immediately upon its passage 1 Lillian A. Walker Park PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON L CORIN, City Clerk R \ Legal \Legal\Resolutions\Parks \Lillian A Walker Park doc 2 Lillian A. Walker Park Chapter 2.82 Page 1 of 1 Chapter 2.82 NAMING OF PARKS AND PUBLIC FACILITIES Sections 2 82 010 POLICY 2 82 020 PROCEDURE 2.82.010 POLICY. (a) In naming City parks and other City facilities, the following criteria will be considered (1) Neighborhood, geographic or common usage Identification, (2) A natural or geological feature, (3) Significant historical place or event, (4) A person who has contributed outstanding civic service to the community or Is a significant historical figure, or City (5) A person who has made a significant land or monetary contribution to the (b) For purposes of this chapter, "person" shall mean (1) An Individual, individuals or a family (living or deceased), or (2) A public or private corporation, organization or other similar entity (Ord 4939 §1 (part), 2005) 2.82.020 PROCEDURE. (a) Naming suggestions may be solicited from the public and /or from civic organizations When solicited, all suggestions shall be recorded by the applicable department and forwarded to the Parks Commission, when naming a City park or facility, and to the City Council for consideration (b) When naming a City park facility, park or a portion thereof, the Department of Parks and Recreation shall submit Its recommendation to the Parks Commission for approval and then to the City Council for consideration and final approval (c) The department seeking to name a public facility, or a portion thereof, other than a City park facility or park, shall present Its recommendation to the City Council for consideration and final approval (d) The City Council may, upon consideration of any proposals and recommendations presented to It or upon its own Initiative, designate the name for the park or other public facility or portion thereof, which shall thereafter be Identified by the name so designated (Ord 4939 §1 (part), 2005) This page of the Bremerton Municipal Code is current City Website through Ordinance 5182, passed March 21, 2012. http / /www ci bremerton wa us/ Disclaimer The City Clerk's Office has the official version of the (http / /www ci bremerton wa us /) Bremerton Municipal Code Users should contact the City City Telephone (360) 473 -5323 Clerk's Office for ordinances passed subsequent to the Code Publishing Company ordinance cited above (http / /www codepublishing com /) el-ibrary (http / /www codepublishing com /elibrary html httn / Ax7Axnx7 A— fD--- ....4-..... n.4...... I /T7..,.. -_ HistoryLink.org- the Free Online Encyclopedia of Washington State History Page 1 of 4 Search Encyclopedia ���� J The Fra Online Entyclopedta Advanced Search S 1 ® of Washington State Hato" -- n .Iy�i ;$ , 1 HhtaylJML Ou 5 � rs � S ponsor - • =�' +!lllrr — of th• Week - IL I Home About Us Contact us LL Eduon 11 in Bookstore Tourism I Links I Advanced Search 6204 Histo Link or -- now available GO�ata � Subsoms Hots Dante row Cyberpedia Library Browse to Previous Essay I Browse to Next Essay > This essay made possible by Shortcuts Humanities Washington Ubrarles Walker, Lillian (b 1913) Audio 010 Click here to play Cyberpedias HistoryLlnk org Essay 9912 Primer Friendly Format ® Lillian Walker, in a 2009 Interview with John C Hughes, on racial discrimination in Lillian Walker is an African American civil rights activist in the Bremerton Bremerton In the 1940s ® Timeline Essays Courtesy Legacy Project Washington Secretary area Born in Illinois to a farmer and homemaker, Walker went on to of State People s Histories Chicago to pursue nursing After moving to Bremerton in 1941 with her husband James Walker a Navy shipyard worker, the Walkers established t Selected Collections the local NAACP branch and took part in numerous protests to desegregate r ® Cores &Towns kitsap County Walker was also a founding board member of the YWCA in Bremerton Walker is still (2011) active in the Bremerton community 7 ® Counties and in the Democratic Party © Biographies Illinois Girlhood �" ¢ ® Interactive Cybenours Lillian (Allen) Walker was born in a run -down shack in rural Carrier Mills Slide shows Illinois on October 2 1913 Her parents Moses and Hazel Allen, were {' i both of coned race The 20 -acre farm the Aliens live on provided most of . • ":^ ' Public Ports d dd Moses' living as a farmer, although he worked as a coal miner , • ,,,/, > s ® Audio 8 Video occasionally The Aliens had I I children only five of whom lived past a } oung age Research Shortcuts Map Searches Lillian Walkees parents' backgrounds are a bit hazy but the family lore Alphabetical Search Timeline Date Search that Lillian has recalled is fascinating Her paternal grandmother Elvira Topic Search Allen, was supposedly the granddaughter of a Tennessee slave -owner a r r Links product of mired long -term union of the plantation owner's daughter and a Features Portuguese man who worked on the plantation (As John C Hughes notes Book of the Fortnight in his oral history of Lillian Walker calling the man 'Portuguese' could ve Histor 6 atte to sanitize the sti • Enhanced History been an att t ma of a white w oman carry ing on a Lillian Walker (b 1913) with her Liberty Bell Boo Klondike Gold Rush Database relationship with any non -white man ) The slave owner the story goes award Courtesy Legacy Project Washington Secretary Duvall Newspaper Index threatened to sell his daughter's mixed race children into slaLery, upon of Stare Wellington Scrapbook which the couple fled with their family to Illinois More History Washington FAQs Life on the farm was prL,dictably difficult With no electricity or running Washington Milestones water, Lillian and her siblings were responsible for chopping firewood Honor Rolls Columbia Basin taking care of the farm animals and worki • in the fields But her parents Everett were also insistent that she trudge barefoot to school every day Olympia ` Seattle S okane 'We didn t play hooky 'Walker recalls of her parents' insistence on a P Tacoma rigorous education "And in my family if y ou got a whipping at school you I Walla Walla got a whipping at home" (Hughes) The two -room school house held Roads & Rails grades one through eight and pictures taken while Walker attended show a i ) mived -race group of rural children .r Gi The racial makeup of the school didn t cause much conflict, according to Walker "When i was child the teachers did not treat us any different than they treated the white kids " she says (Tucker) Walker does remember that in third grade she and her brothers were the only black children in the school The only incident she recalls comes from that time, when a young white schoolmate called her an epithet Walker, not one to shy away from a challenge, promptly hit her in the face (However Walker was also not one to shy away from forgiveness the girl went on to become her best friend) .y Walker excelled in school and was called 'exceptional" by her teachers Lillian Allen (later Walker) with race circled (Hughes) Her mother Hazel who had been left illiterate at a young age by rural Illinois school photo (detail) Lakeview, a head injury encouraged her daughter's academic achievement At night Illinois, Legg Courtesy Legacy Pioject Washington Secretary Lillian would read aloud to her mother as she bustled around the kitchen of State htti) :Hwww h lstorvlink nra /intipy vfm7T1 en] axrParrn— ..,if*,,.,+ n P, 9. 17.1. HistoryLink.org- the Free Online Encyclopedia of Washington State History Page 2 of 4 After Walker graduated from Carrier Mills High School, the Depression was in full swing and college was out of the question Because she had b 5 dreamed of becoming a doctor she decided to pursue a nursing career She started working at a sanatorium to Harrisburg, Illinois after graduation and took correspondence classes in nursing Mov ing to Bremerton and Marrying James '. i in 1937, Walker moved to Chicago to live with her aunt She met James Walker a musician Lillian was not however interested in the swinging ilk lifestyle a saxophonist on the road would provide "1'm not going to marry a musician I'll starve to death," Lillian recalls saying to James as they got serious (Hughes) He assured he was looking for more stable work, and found one in the Northwest His mother was living in Seattle and in 1940 r 4 he scraped together work laboring at an Army storage depot and Joining the Merchant Marines Lillian came not long after and worked as domestic help The Walkers were married on June 20, 1941 and soon James had Lillian and James Walker, wedding day, found steady employment working in the Bremerton Navy shipyard Bremerton, June 20,1941 Courtesy Legacy Protect Washington Secretary of State To say Bremerton was booming in the early 1940s is an understatement from 1940 to 1914 the 15 000 population of the town had quintupled to 75 000 As the population grew the makeup of the people also changed In 1940 only 100 black people were listed as residents of the city but with the military's hiring policy (at the time more welcoming to minorities than"tin civilian contractors) the number grew to 4 600 by 1944g A White Supremist Town Unfortunately the change in racial makeup wasn t accompanied by a change in attitude Lillian Walker calls Bremerton at the time a "white supremacist town " vastly different from the tolerant and equitable atmosphere of Illinois (Hughes) Reports of black men being denied service insulted or assaulted were widespread Not long after James and Lillian arrived in Bremerton James was told by a barber that he would cut Walkers hair only after closing time with the shades drawn Lillian, livid, t found herself in the role of barber for James from that moment on refusing Lillian Walker (b 1913 Bremerton, 1944 to keep their presence in the community a secret Courtesy Legacy Protect Washington Secretary of State Lillian and James Walker were not quiet in the face of this kind of bullying and Joined the local National Association for the Advancement of Colored People (NAACP) to protect their rights and fight for others James became the second president ofthe Bremerton branch and Lillian became secretary i Lillian Walker was uistrumi,mal in several of the NAACP's protests in the i Bremerton area during the 1940s Walker was having lunch with a white, friend in a Bremerton calld one day when the waitress served her friend and ignored her When Walker demanded the waitress s boss, the woman called the police and claimed she had a race riot" on her hands (Hughes) � Bremerton police chief Art Morken was roundly approved of in the black community and when he got to the scene he saw that Lillian Walker warn t a threat to cause a mob After a meeting with church leaders NAACP members and the owner of the restaurant the 'Whites Only" sign was removed from the caf8's window James and Lillian Walker, Bremerton, 1990s Courtesy Legacy Project Washington Secretary Fighting Racism of State After the war Bremerton's population plunged as 22 000 people left when navy contracts dried up The Walkers decided to stay on as they were committed to the community in 1947 Lillian and several of her friends become founding board members of the YWCA of Bremerton which opened a ) ear later But the civil rights battles were not yet over In 1954, James Walker attempted to buy a cup of coffee from a drug store in Bremerton The owner took a look at him and said, "I didn't serve niggers in Texas and I'll go to hell before 1 serve them here" (Hughes) The Walkers and their NAACP chapter were not amused After conferring htty //WWW .historvlink oru /inrleix rfm ?il;cnla,;rPi r.A— ..,, +,.,,+ ..-r 9,r.i . HistoryLink.org- the Free Online Encyclopedia of Washington State History Page 3 of 4 with Philip Burton (1915 -1995) a prominent civil rights attorney in Seattle James and another black men went back again asking to be served When they were refused Burton filed a complaint that Walker's civil rights were violated Although they received threatening phone calls and were harassed, the Walkers retused to drop the case until the druggist settled and agreed to serve all Citizens of the Community The Walkers, who by now had two children were prominent not just in the civil rights community, but in the close -knit Bremerton as well They held part-time Janitorial Jobs at the bank and theater to make ends meet and they also worked part-time as business managers with the Northwest 1 nterprlse the black -owned newspaper In Seattle They were in the PTA, volunteered for Boy Scouts with their son and Campfire Girls with their daughter and were devoted to their church Ebenezer African Methodist Episcopal 'I was the secretary of the Sunday School I've been on the Trustees' Board and 1'%e been on the Steward Board and I've been the president of the Missionary Society " Walker says of her involvement (Hughes) She Just might be correct when she says she's been everything but the minister Lillian has continued activity as she grew older She has been an officer in the Bremerton Garden Club and extremely active in the kitsap County Democratic Party She was a founding board member of the Carver Civic Club a local chapter of the National Association of Colored Women s Clubs She was appointed to the Regional Library Board and served on the Kitsap County Area Agency on Aging Advisory Council Citizens of the Century In 1997, Kitsap County's Martin Luther King Memorial Scholarship Fund Committee named James and Lillian Walker 'MLK Citizens of the Century " in honor of their combined 100 years of community service She's been given a Founder's Award by the YWCA a Golden Acom by the PTA and a Lifetime Achievement Award from the Democratic Party She also received the Liberty Bell Award from the kitsap County Bar Association an award presented by the state Attorney General James Walker died in 2000 at the age of 89 They were married for 59 years and Lillian doesn't regret a minute "If I had searched the world over I couldn't have found a better mate " she says (Hughes) Lillian Walker continues to live in Bremerton and remains (2011) active in her many causes Sources John C Hughes Lillian Walker Civil Rights Pioneer" Washington Secretary of State Legacy Project Orel Histories website accessed August 2011 (http /Avww sos we gov/ legacyproiect /oralhistones/lilliamvalkern John C Hughes Interview with Lillian Walker June 8.9 2009 transcript available online (http /Avww sos wa gov/ legacyproiecVoralhistonesilillianwalker /pdf /complete pdf) Cynthia Tucker Interview mth Mrs Lillian Walker Washington Women s History Consortium website accessed August 2011 (http Itw wv washingtonwomenshistory org/ about/ participantsAocalgrantsltcw Avalker aspx) Rachel Pntehett "YWCA at 60 From Social Outlet to Providing Vital Social Work The kitsap Sun August 9 2008 (http //www kitsapsun com/news /2008 /augl09/ yww at-60. fromsociai- outlet to-perfonnmg work/) Brynn Gnmley Exhibition Presentation Looks at Segregation Civil Rights in Ktsap The Kitsap Sun February 5 2009 (http /lwww kitsapsun cominewsi2009 /feb /05texhibit presentation looks-at-segregation aviu) By Kate Kershner, August 29, 2011 < Browse to Previous Essay I Browse to Next Essay > Related Topics Biographies I Ethnic Communities I African Americans I Women s History I Licensing This essay is licensed under a Creative Commons license that encourages reproduction with attribution Credit should be given to both History Link org and to the author and sources must be included with any reproduction Click the icon for more info Please note that this Creative Commons license applies to text only and not to images For more information regarding individual photos or images please contact the source noted in the image credit httn Hviww hictnrv1in1r nrrr / ;n ,4av nfrr,7Thr.,.l ,..n,, ..— _r_ 0 r1 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL &is SUBJECT: Award for contract Armin Jahr Study Session Date June 13, 2012 Elementary Sidewalks Project COUNCIL MEETING Date June 20, 2012 Department PW & U Presenter Gunnar Fridnksson Phone 473 -2354 SUMMARY- The City submitted a 2012 grant application for a Safe Routes to Schools grant and received sufficient funding to complete a sidewalk link from Sheridan Road to the school along McClain Avenue and E 31 st Street Q -Th r (Z) bids were submitted �30u-*L e co4i was the lowest responsible, responsive bidder in the amount of $ 057 IS J which includes sales tax ATTACHMENTS: 1) Council Summary, 2) Agreement, 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount) Total estimated project cost is $250,000 This project is 86 5% grant with a 13 5% required City match The budget was established at $46,24 design and $202,533 for construction APPROVALS: DEPARTMENT DIRECTOR C, 4 CITY ATTORNEY FINANCE DIRECTOR MAYOR A. RECOMMENDED MOTION: Move to approve the bid for Armin Jahr F4 emen ta Sidewalks Project and authorize the Mayor to finalize and execute the agreement with E n the amount of $ I F54 C A31 , /S , which includes sales tax, w same terms and conditions as pre Tented STUDY SESSION ACTION: ❑ Consent Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT 06 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY ARMIN JAHR ELEMENTARY SIDEWALKS PROJECT Summary In 2011, the City of Bremerton submitted an application under the Safe Routes to Schools grant program to address the lack of sidewalks around Armin Jahr Elementary which was identified in the City's 2007 Non - Motonzed Transportation Plan Total project cost to build all the sidewalks in the area to service the school is approximately $1,200,000 Early discussions with the Washington State Department of Transportation (WSDOT) about an application for the grant found that funding for the entire project would not be available and a decision was made to break the project into smaller phases This project would concentrate on making a sidewalk connection from Sheridan Road to the school along the west side of McClain Avenue and the south side of E 31" Street re ( bids were submitted Bat u E& AJc. 41 A_ 'G,,, the lowest responsible, responsive bidder in the amount of $ I Sq p.5 7 which includes sales tax, for this portion of the overall project ' The City will seek additional funding with later cycles to complete sidewalks on McClain and E 31", and then concentrate on construction of sidewalks along Sylvan Way and areas west of the school Fiscal Summary A total of $215,192 in grant funding was received, with a 13 5% required City match The budget was established at $46,243 for design and $202,533 for construction for a total project budget of $248,776 The City match has been programmed in the 2012 City budget. I � Airport Extension Phase 11 Council Summary I CITY OF BREMERTON BID TABULATION BID TITLE Armin Jahr Elementary Sidewalks OPENED BY Gunnar Fr DATE OPENED 6/14/12 1 TIME OPENED 10 00 a m RECORDED BY Shannon Conn t NAME OF BIDDER BOND BASE BID ALTERNATE TOTAL �►�. S It 37 y� 71) 7. 7a Jr V e 7o& SUMMARY TOTAL BID COMMENTS AP RENT LOW BIDDER sew Inc SEC D LOW BIDDE TH LOW BIDDER 7va �' � G oy NGINEER ESTIMATE