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02/19/2015 AGENDA
Please note the start time is 1-hour later... CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 .-1 Phone (360)473-5280 ***AMENDED*** THURSDAY, FEBRUARY 19, 2015 CITY COUNCIL "SPECIAL MEETING" AGENDA 1. BRIEFING: 6:00 —6:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 6:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. BREMERTON POLICE DEPARTMENT CEREMONY A. Retirement of Officer Robbie Davis— Police Chief Steven Strachan B. Swearing-In of Officer Michelle Griesheimer— Superior Court Judge Kevin Hull 4. MAYOR'S REPORT 5. BPD BRIEFING —Police Chief Steven Strachan 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — February 4, 2015 C. Minutes of Joint Planning Session —February 7, 2015 D. Minutes of Study Session — February 11, 2015 E. Resolution No. 3242 to establish March 18, 2015 as a Public Hearing date to vacate alley between Dr ML King Way and 8th Street, and Warren Avenue to Park Avenue F. Purchase of a 2015 Chevrolet Silverado 1/2-Ton 4x4 Pick-Up Truck from Bud Clary Chevrolet of Longview, WA for the Facilities Division G. Purchase of a 2015 Ford Transit Cargo Van from Columbia Ford Nissan of Longview, WA for the Electronics Division H. Purchase of a 2015 Nissan Frontier 4x4 Extended Cab Pick-Up Truck from Columbia Ford Nissan of Longview, WA for the Parks & Recreation Department I. Purchase of a 2015 Ford Escape from Columbia Ford Nissan of Longview, WA for the Water Utility Department J. Purchase Agreement with Masco Petroleum for Fuel and Fuel Products K. Amendment to the 2010 Interlocal Agreement with the Kitsap Public Utility District L. Purchase of Factory Assembled Structure from Williams-Scotsman to house the Casad Dam Electrical Service M. Interlocal Agreement with the Puget Sound Clean Air Agency for the Idle Reduction Program for Emergency Response Vehicles Continued on back... N. Professional Services Agreement and Scope of Work with Cosmopolitan Marine Engineering for Sediment Sampling &Analysis and the CSO Post-Construction Monitoring Report O. Mechanical Upgrades to the Centrisys Centrifuge at the Westside Wastewater Treatment Plant by Centrisys Centrifuge Systems P. Mechanical Upgrades to Parkson Influent Screens#1 and#2 at the Westside Wastewater Treatment Plant by Parkson Corporation 8. GENERAL BUSINESS — There are no General Business Items... 9. COUNCIL MEMBER REPORTS 10. EXECUTIVE SESSION A. 10-Minutes to consider the minimum price for areal estate transaction under RCW 42.30.110 (1) (c) — Information only, no action is anticipated... 11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ®Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD 6-Q W 1 AT 6bKpf G c0I(Q J+4�+ Lom-nit �Vtx&r-- REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU I I x ' 1q.I AtL i :.� s r r OA'T'H OF OFFICE STATE OF WASHINGTON COUNTY OF KITSAP I, Michelle Griesheimer solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the position of Police Officer, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. ichelle Griesheimer Subscribed and sworn to before me this 19th day of February, 2015. • do. /JZ& Signature of Official Administering the Oath Judge Kevin Hull Kitsap County Superior Court fra<,:: r .. I . N wE. / - . 1. r`.ww ,�. t ',•.�'': .•�. .:: _ ..fit. a ;• i ear- Tf ti 11 e i , �1 f1*o 1l�%n Po g s l �r ��o MA At ft J tr j• r ?`�' c M --- F `t r� a 1 RJ- v_-4;t 1' \j 4y��,W�C J��.��1•L� `l��,"l'�, rL r Ir 1�i•r I� 1 ., - , ell r J Your sy/m� phony MPHOONY ':Saturday, February 21 @ 6PM Norm Dicks Government Center Free public performance in City Council Chambers rJ' FOR HFAl,rHr L nrllvG 1 FOR SOCIAL RESPOMS1Bt?.I7Y M H M . Annual Campaign Kickoff � Tuesday, February 24 ADMIRAL THEATER Annual Campaign Kickoff r t , e .Free Foster Child Membershps F* YMCA of Pierce and Kitsap' Counti es ymcapkc.org/fostermchildmmembershi1. p NOV You. are invited to- r 1x . A Celee6r� afjon Of 1? fea, ck lfis(o !Y1 ands4are in tie 4idd4w histories andcontriLutions of African Americans at the The Admiral Theatre 515 Pacific Avenue, Bremerton, WA 98337 6:30 pm, Friday, February 27, 2015 Admission is free i Community performances with special guest performance by Pat Wright and the Total Experience Gospel Choir. OLYMPIC COLLEGE Fo ATION P P OLYMPIC COLLEGE J;kndingExwfimcein.E&aWvn It'is the.policy of Washington's community and technical colleges to provide equal opportunity in education regardless of race, ethnicity, creed,color, national Orion marital'status, sexual orientation,age, religion, genetic information, gender identity, veteran status or the presence of any sensory, mental,or physicaf.d'�abilit j jl • • i; I it THE CITY OF PRIDE AND OPPORTUNITY Mayor Patty Lent mayor@ci.bremerton.wa.us Tel 360w473,5266 360-473-5883 r + 345 9 Street,Suite 600 Proclamation Bremerton,WA 98337.1873 WHEREAS, Black History Month is celebrated throughout the nation during the month of February; and WHEREAS, Black History Month is a time to honor our diverse ancestry and our hidden history of civic, economic,professional and artistic achievements. It also serves as a reminder of the challenges that face all people of color; and that the work to eliminate barriers based on prejudice is ongoing; and WHEREAS, African Americans have made central contributions in some of the most triumphant and courageous moments in our history and they continue to do. Scientist and surveyor Benjamin Banneker served on the six-man team that laid out the blueprint of Washington, DC. While enslaved, African Americans helped to build the White House where the first Black President and his family now reside; and WHEREAS, we continue to be inspired by the vision of Rev. Dr. Martin Luther King,Jr. and local leaders such as Judge Theodore Spearman, Lillian and James Walker, Opal Robertson, Dr. Frank Kitamoto, Chief Seattle, Chief Kitsap, Al Colvin, Jan A. Ruley, and youth leaders Katrina Hardy and Stephan Jones. Yet, we still travel the difficult road toward equal recognition; and WHEREAS, this month we can appreciate what connects us, regardless of color or national origins. We continue to move forward in the spirit of the Pledge of Allegiance "with liberty and justice for all"; NOW, THEREFORE, 1, Patty Lent, Mayor of the City of Bremerton do hereby proclaim the month of February 2015 as BLACK HISTORY MONTH in the City of Bremerton and encourage all of our citizens to join in this observance which confers special meaning to the principals embodied in the Constitution of the United States and the Constitution of the State of Washington. g Signed this 1"day of February 2015 Mayo a y ent 4th Annual P- at S.al,n- t 1 k� ' s - d `Gy Pa ra- . PresParited by the R6,wi town_Bre nertoat qn 'at-u�r� a -- *ltairt for 2� 1IP _ s •ti 10 to ace Banks 'f' r t 1 . i ��'��l�l � 4 cl��'•G'�l A'� X1'4 ]�� i{`r. k r• ti f Sponsors -- 1 ao 777. Bre erton iO rG" � mu PoliceDept ;�. Jan/Feb ;�• - 2015 Pp \• L I CAN - �. Retirement �REMERT0.1 Officer Robbie Davis {Pay-y��• .�'��;� ,: .. Oath of Office �EIWE RT p. . . poLiCS".. �. wA Officer Michelle statistics Jan 2015 Jan ,f 13 Jan J14 Jan' 15 Reports 1031 961 8G3 Arrests 20G 198 155 Dom. Violence 23 24 20 DUI 19 15 4 Mental Health 32 19 19 "Frequent Flyer'v" Focus Areas January 2015 Jan 13 Jan ' 14 Jan ' 15 Trespass 12 21 24 Theft 22 20 12 Vehicle Theft 13 13 16 Res. Burglary 36 14 28 Vehicle Prowling 14 13 15 Shoplifting 19 11 17 Escape (DOC) 10 16 16 Fail to Appear/ Cont. of Court 42 53 41 Good teamwork � Use of a stolen debit card � Officer recognized suspect � Social media, located and arrested, on DOC supervision and had an arrest warrant � Her boyfriend also located and arrested o Everyone is on a DOC warrant � 16 DOC Warrants Dec 15 -� 16 FelonWarrants �4 y - Dec ' 15 Landlord Notification ► As of February 18, 2015 : 20,067 Notifications 7G2 Participants 9203. Addresses in our Cit Y Occasional _ Open carry Calls from Olympic College area Public areas A State: Open carry N Restrictions on certain property .�. - �l1 i i w m eir and Lang Arrest I _,MONO%:. i Y I I , I I .S Z �t o'l S ` afldgi �� -,�'YsC�L _LJ�.� Don'' B, a �hiiv OIJiJ" la- �I�'�l..L'tieP.� Lr6e9 iill.. d-' 2015 Feb . 159 Traffic Stop D Barricaded Suspect r D Officers usedg as D 4t" large police operation in less than one year = k lot— D Why is he out? Feb. 1 , 2015 JOILBREMERTON i r POLICE _ WYr Fuzz Fund for January 2015 � $ 340 for St. Jude ' s Children ' s Hospital P�O�L?I�C'E C;1;TY�p�F-gR;EfM'EIRTO;N-� = f � © �"i .: !.: � ter■ �, �1�,�I�W�����i�p�dKllUl� 1 ia._.�°Z�-.-._..�— . — e++..�-,"^_'` O — r �� � � •, �� 1" T � 1 ..._. .. '.x is v t. t Y. : a .r 1 , ` J 711 e .. M l ' a 1 + 1 s i II ,� ' i a _ : 1 I. � 'A >.yl� 1' �.� Forest Ridge Park 'KStewardship Days x:• Interested in hel • • restore, +`Hupdate and beautify the • . include:Tasks will trail maintenance, {r • wee i • • • posting • • restroom RD updates, . • more 3 SATURDAY OF EVE=RY MONTH ' ' • ' " RESS 110 Summit AvenueF ARKOREST RIDGE P on STEWARDSHIP DAYS . , . . ,DATES . :00 am A group of community volunteers, in collaboration with the City of October • 11 am 'Bremerton, havel.taken on creating a Forest Ridge Park Stewardship November 15, 9:00 am Group that will-prioritize projects and carryout park beautification tasks , • 11 on a monthly basis. The group is requesting donations from local January 17, • 11 am .businesses for:project supplies and will provide coffee and pastries on work days. ..' - February 9:00 am March 21, • 11 . All are welcome toparticipate! April ; 9:00 am May 16, • 11 . © Find us on June 20, „ am _ Face_b_ook July , am www.facebook.com/ForestRidgePark ' ' ,1 August • 11 . A Yf �.� . ��:, - _.' ,� when: 4th Saturday of every month -�� • ~' Rain or Shine ar where: M14- m s, Kiwanis Park 1701 5th St. j Y Bremerton • • - • • • - - • - • • • Upcoming Event 00 Dates: Jan. 24th - - • - ' - • - Feb. 28th • • • • • March 28th • • • • - • - • - • April 25th • May 23rd - • • • • • • • • - • - • • • - - - June 27th • July 25th August 22nd Sept. 26th �►: Oct. 24th �% '�!� •.` ' ' ! For more information please call 473-5305. Everjont LS Anvi ftd. `�N�t, dmon HILL,,;;1 AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: February 19, 2015 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 362073 through 362474 and EFT's 14616 through 14658 in the amount of $1,773,333.71. 2) Regular Payroll for the pay period ending January 31, 2015 in the amount of$717,103.53. 3) Regular Payroll for the pay period ending February 15, 2015 in the amount of$714,558.70. 4) Amend EFT#'s approved February 4, 2015 from EFT's 14513-14567 to EFT's 14568-14615. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: N Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting — Study Session Date: N/A February 4, 2015 COUNCIL MEETING Date: February 19, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on February 4, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 9 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 4, 2015 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, February 4, 2015, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. 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 Mike Sullivan followed by the invocation provided by Bishop Larry Robertson of Emmanuel Apostolic Church. MAYOR'S REPORT—Mayor Patty Lent... • Plans to attend an assembly at Bremerton High School as part of Black History Month events; • Announced that 9 local honorees were recognized at the Annual Washington State African American Achievement Awards Program & Dinner held last Saturday; • Read a proclamation to Proclaim February 2015 as "Black History Month", which was accepted by Bishop Larry Robertson of Emmanuel Apostolic Church; • Invited Julie Graves of "Project Connect" to report on the Community Resource Fair held on January 28; and Terri Schroeder to report on the "Point in Time" Homeless Count; • Read a proclamation to Proclaim February 6, 2015 as "National Wear Red Day"in support of the American Heart Association and Women's Health; • Introduced the Bremerton Symphony Association's String Quartet who performed "Over the Rainbow" and "Happy Birthday' (in honor of Peggy Howland); and • Read a proclamation to Proclaim February 4, 2015-as "Peggy Howland Day"to acknowledge her lifetime advocacy for education programs in Bremerton, which was accepted by Peqqv Howland; and wished Mrs. Howland a very Happy 95th Birthday! PUBLIC RECOGNITION Caleb Finnegan and Ben Maxwell of Boy Scout Troop No. 1539 reported their attendance at the Council Meeting tonight would assist them in earning a Citizenship Badge. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 361802 through 362072, and EFT-14513 through EFT-14567 in the amount of $1,041,473.47; and Retiree Payroll for the pay period ending January 31, 2015 in the amount of $60,466.21. 5B— Minutes of Meeting —January 21, 2015 5C— Minutes of Study Session —January 28, 2015 5D— Excess Liability, Excess Worker's Compensation; and Crime Insurance for 2015 5E— Resolution No. 3241 to approve the City of Bremerton Investment Policy 5F— Third Addendum to the Admiral Theatre Operating Agreement There were no comments from the public... City Council Reg. Mtg. Minutes Wednesday, February 4, 2015 Page 2 of 3 05:58:05 Motion was made by Sullivan and seconded by Daugs; Comments were provided by Runyon. 05:58:55 M/S/C/U (Sullivan/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A— PROJECT DESIGN AGREEMENT WITH PUGET SOUND ENERGY FOR SCHEDULE 74 UNDERGROUND CONVERSION: AND REIMBURSEMENT AGREEMENT WITH MAPLETREE INVESTMENTS LLC AND BREMERTON TOWERS DEVELOPMENT LLC FOR WASHINGTON AVENUE (FROM 4THSTREET TO 6 STREET) IMPROVEMENTS: Chal Martin, Public Works & Utilities Director, explained that the Olympic Gateway Towers project will redevelop property on the east side of Washington Avenue immediately north of 5th Street. The property is within the work area of the City's Washington Avenue Community Boulevard project; the City's project will precede the redevelopment project. To coordinate construction, the City and the Developer (Mapletree Investments, LLC and Bremerton Towers Development, LLC) have negotiated an agreement where the Developer will construct some improvements that were included within the City's project scope, and the City will construct some of the improvements the Developer is responsible to construct. In general, the City is deferring work the Developer would remove or destroy in their construction, and the City is constructing underground work that would otherwise conflict with the City's project. Work constructed by the City includes Schedule 74 utility undergrounding within the limits of the development. The Developer will reimburse the City for all improvements constructed by the City that are its responsibility. There were no comments from the public... 06:02:27 Motion was made by Runyon and seconded by Sullivan; Questions and comments were provided by Runyon; with a response provided by Mr. Martin... 06:04:15 M/S/C/U (Runyon/Sullivan) Move to approve the Project Design Agreement for Schedule 74 Underground Conversion with Puget Sound Energy and the Reimbursement Agreement with Mapletree Investment LLC and Bremerton Towers Development LLC for Washington Avenue Improvements; and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Leslie Daugs thanked the Police Department for a recent "ride along", which provided her with an even deeper appreciation for the work they do; and also participated in the viewing of a training video used by Police Departments to assist Officers in emergency situations. Jerry McDonald reminded citizens that First Friday Artwalk events are taking place this week in Manette and in Downtown Bremerton; and encouraged the community to visit the Collective Visions Gallery to view the 2015 Washington State Juried Art Competition. Roy Runyon announced that there will be a Joint Planning Session between the Council Members, the Mayor and Department Directors on Saturday, February 7 from 9:00 AM to 3:00 PM in the Cascade Room at the Gold Mountain Golf Course; and offered one rider an opportunity to carpool to the meeting by contacting him directly at (360) 440-0620 or roy.runyon@ci.bremerton.wa.us. Eric Younger acknowledged and welcomed the Boy Scouts who were in attendance tonight; and admired their patience since Council Meetings can sometimes be quite lengthy. City Council Reg. Mtg. Minutes Wednesday, February 4, 2015 Page 3 of 3 Greg Wheeler appreciated the Symphony's performance during the Mayor's Report tonight; announced that the next Council Meeting on Wednesday, February 18 will be cancelled due to a lack of a quorum; but that a Council Special Meeting will be held the following night on Thursday, February 19 beginning at 6:30 PM in the Meeting Chambers to allow time for the Mayor and Council Members to return from the Association of Washington Cities Action Days Conference being held in Olympia. He also encouraged carpooling to the Planning Session on Saturday; and looks forward to the meeting being "live streamed". President Wheeler announced that immediately following a 5-Minute recess, there will be a meeting of the Transportation Benefit District Board. With no further business, President Wheeler adjourned the Council Meeting at 6:10 PM. Prepared and Submitted by: CHRISTINE GAONIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Joint Planning Study Session Date: N/A Session — February 7, 2015 COUNCIL MEETING Date: February 19, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Joint Planning Session on February 7, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as-presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL JOINT PLANNING SESSION MINUTES Saturday, February 7, 2015 A Joint Planning Session between the City Council, Mayor, and Department Directors of the City of Bremerton was called to order in the Cascade Room at the Gold Mountain Golf Course, Bremerton, Washington, Saturday, February 7, 2015, at 9:00 AM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Also in attendance were Mayor Patty Lent, City Attorney Roger Lubovich, Municipal Court Administrator Dawn Nelson, Parks & Recreation Director Wyn Birkenthal, Public Works & Utilities Director Chal Martin, Financial Services Director Cathy Johnson, Police Chief Steven Strachan, Fire Chief Al Duke, and Community Development Director Andrea Spencer. Lori Smith, Legislative Assistant was present to provide staff support. The following is a summarized list of the subjects and key points that were discussed: Public Safety • Increase public safety (Mike Sullivan) Requested more police officers; switching to LED street lights; and working with Puget Sound Energy (PSE) to improve light poles... • Are red-light cameras still necessary? (Leslie Daugs) A detailed packet of"Photo Enforcement"statistics would be provided soon to the Council... • Request Performance audit/review of Fire Department (Eric Younger) This would be similar to the recently completed Police Performance Audit Review...Cost for a nationally accredited company is estimated to be approximately$12 to $15k depending on the scope of the work...Once a scope of work is established, then requests for proposals could be requested... Fire Department would be evaluated with shortfalls pointed out... Council asked if Administration can set-aside $20k next year for this purpose... • Revisit Regional Fire Authority efforts (Roy Runyon) It was established that Chief Duke will be the[only]point of contact with local Fire Districts... • Communicate more with Community Resource Officer (Dino Davis) Reminder was provided that "Block Watch Captains Meetings"are held monthly and are open to the public... Community Resource Officer Joe Sexton is also available to speak at District Meetings... Subjects of what is relevant to the citizens could be developed and then BKAT utilized (maybe quarterly?) to project the information...It was pointed out that that citizens have been using Facebook to report crimes... And that the Police Department has a Twitter account but not Facebook... It was also noted that young people, including the younger Police Officers don't even use the phone anymore— they text... CenCom doesn't have the capability yet to receive text or video... There's a transition right now where citizens are beginning to post their concerns, but Police Department is not able to monitor Facebook regularly... Possible goal is to request that State legislators figure out a way to deal with social media public records requests as newer technology is developed... Perhaps a link could be posted on Facebook and Twitter accounts for accurate reporting of crimes rather than just "posting"comments...It was summarized that more interaction can be utilized with Mr. Sexton and the Watch Captains, as well as with each District's assigned patrol officers... • (Added item) Request for new fire trucks (Fire Chief Al Duke) Cost for a bare bones engine is approx. $400k... Medicine (Medicare and Insurance) are looking for more and more ways to stop paying, with Fire Departments being pushed out of Emergency Rooms... And there will be even more changes over the next 5-years...Hotlines are being promoted now over calling 911... City Council Joint Planning Session Minutes Saturday, February 7, 2015 Page 2 of 6 Public Works • Repair City roads (Eric Younger) Explained that Transportation Benefit District(TBD) money($20)'is to fix existing road conditions... Would like to see TBD used for chip seals and overlays...Introduced proposal to use a percentage of REET(Real Estate Excise Tax) and create a "road map"to secure funding is in place for future Councils... It was established that no other funding sources are available... Council Member Younger asked for permission to work with Finance Director Cathy Johnson to review REET and PILOT(Payment in Lieu of Taxes) policies to develop a funding formula... Council Members were in agreement, with a request for periodic feedback...Intention is to use the Finance Committee first to vet out the information, and then move forward to a Study Session with the full Council... • Maintain sidewalks to ensure ADA friendly (Mike Sullivan) Would like the City to find a way to assist Public Works in repairing the sidewalks...The ADA Transition Plan has about$150k per Public Works Director, and he will pick-up what former Managing Engineer[Gunnar Fridriksson]started regarding ADA compliance issues... It was agreed that 4 Street needs help... Permanent solutions over temporary solutions are preferred... • Improve Walkability (Dino Davis) Would like to see more emphasis on multi-modal as part of future projects to find more ways to make it easier to get out of our cars i.e. narrower streets, and abandoning one-way and dead-end streets (which are dangerous)... Improves quality of life in neighborhoods where residents can walk somewhere... Walkability and jobs are top searches for Millennials and Generation X's... Dave Ramsey with the State Transportation Improvement Board will be coming to Bremerton to talk about the "Feet First Program"and will walk the loop over the[Manette]Bridge and[Warren Avenue]Bridge... • Create a "Utility Advisory Committee" (Roy Runyon) Model would be based on one used on Bainbridge Island, and could act as a "firewall"plus lets the ratepayers feel they're being heard... Concerns were expressed that the schedule of Council Members is already overloaded and there was not room for another committee that may not even be necessary... Mayor Lent added that the City already conducted a rate study that took nearly a year to complete... No support from Council on this proposal... • Develop policy for City-owned commercial property (Roy Runyon) Suggested the City renegotiate contracts with tenants (i.e. the Admiral Theatre, Kitsap County Libraries, and Navy Museum), requiring them to pay for Operation & Maintenance (O&M) costs, etc. But it was agreed that the contribution of non-profit tenants outweighed the need to request more from them... An inventory list of City-leased and City-owned properties was requested... It was agreed that the City should act more like a business and figure out how the City can afford to "do"things, rather than "cut"things... There was agreement that the City has to be fair in how much and when the City charges non-profits, so a summary of each of the tenant's rental terms with the City was also requested... Business Development/Community Development • Increase Economic Development on Wheaton Way and rest of City (Leslie Daugs) How can the City open up development...? It was suggested that each Council Member could go out to their districts to talk with all of the business owners to find out what they need... City Council Joint Planning Session Minutes Saturday, February 7, 2015 Page 3 of 6 • Look for ways to make Bremerton business friendly (Jerry McDonald) Felt if the downtown was thriving, then it would help other districts... Should the City provide an "information packet"for new business owners to assist them and make it easier to comply with all of the City requirements...?Agreement to continue reduction in Business & Occupation taxes... How about a follow up "survey"or letter to see how the process can be made better in the future...? It has to be economically viable before a grocery store will come downtown... How can the City convince the residents to "buy in"to the idea...? It was explained that one holistic packet is difficult since all situations are different... New business owners are encouraged to talk with DCD staff to help them navigate the City's permit process... Could a survey be sent out to all business license holders to ask if they're satisfied with the overall process...? Could the City partner with the Chamber to help create the survey and collect the data...? Others believed that the businesses need to look to entities like the Chamber of Commerce, Kitsap Economic Development Alliance (KEDA), and Kitsap Aerospace & Defense Alliance (KADA) to assist them, and as government, the City should just "get out of the way"because "government sucks at business!" • Develop incentives to attract businesses to long vacant buildings (Greg Wheeler) Research was already done, now support from the Council and Administration (DCD Director and Fire Chief) is requested to focus on the City's Fire Codes...Feels the City has reached a point where the City Fire Code requirements are significantly higher, even more than State requirements, which has made building retrofitting cost prohibitive... A line-by-line review of the Fire Codes is requested for an in-depth code analysis... Help would be brought in from the community and a team developed to assist the Fire Marshall and DCD... One of the biggest issues is sprinklers... Mayor Lent pointed out that the Rental Association has already been at the table on this issue... However, it was believed those previous discussions were more focused on residents... Agreement was for focus to now to be on vacant commercial buildings...This is a go! Vacant buildings are bad because they invite crime... A suggestion was made to use $100k from Community Development Block Grant CDBG) funds to leverage $1-million in loan guarantees... But it was pointed out that the City is going into the Section 108 Program in the "driver's seat", since Council already approved the initiative... DCD will provide updates to the Council... • Develop home improvement incentives and/or remove barriers for single and multi-family property owners (Greg Wheeler) This topic will be covered during the comprehensive plan update...The City changed zoning several years ago in areas with lots of duplex's which inadvertently made them non-conforming... What essentially happened was owners stopped investing in maintenance and upgrades since rules in place would require the duplex to be leveled as non-conforming once the cost exceeded 75% of value... Since investors would not be willing to do this, reinvestment in duplexes stopped and they have now mostly become dilapidated... Council will advocate during the comp plan update for zoning be changed to make existing duplexes conforming which should allow for substantial redevelopment... It was suggested that the multi-family tax exemption could be expanded throughout the City... This issue will be discussed in detail at a later date... Support was expressed for expanding this exemption as well as discussing the issue both with Council and Administration in the future... • Increase Home Ownership (Eric Younger) Proposed a "Move to Bremerton"movement to get the word out about how great Bremerton is... The cost of housing is one example of a positive aspect that should be marketed to the Seattle real estate community...Tout all of the things that the City has already done to make the community more livable... Ads in the Real Estate section of the Seattle Times for example... Where else in the area is waterfront more affordable... To no longer"wait"for the Passenger Only City Council Joint Planning Session Minutes Saturday, February 7, 2015 Page 4 of 6 Fast Ferry to be figured out, but to focus more on what is already here... Bremerton is an "undiscovered gem"...There was agreement and support for this concept, with plans to recruit local real estate resources... Council questioned if there is budget money available for someone to market the City and tourism? Suggestion was made to use what we already have (i.e. BKAT, Bremerton School District, Bremerton Chamber, Port of Bremerton, etc.) Proposal was to focus a marketing plan for Seattle -- a short term action plan to accelerate growth of downtown...A contest was suggested to find the winning video that best encapsulates all that is positive and great about Bremerton, with examples of why it's a good business decision to move to Bremerton... An added suggestion was for Bremerton to build on their website or even purchase google ads to get "Bremerton"to come up first when a search of things like "locations on waterfront"are made... It was asked what the developers for the new condos were going to do to market their properties... Mayor Lent responded that they are using Amazon and Google ads... President Wheeler suggested a "Move to Bremerton"ad-hoc committee to rein some of this in... • Plan for void after Harrison Hospital move to Silverdale & Try to maintain business in Harrison Hospital area (Leslie Daugs) and (Eric Younger) Hoped the City could develop a plan to avoid blight... Intention is to show the community that the City is aware of what's going on... Mayor Lent mentioned that she is working on this, beginning with a meeting with David Shultz to talk more about an "action plan"but was not at liberty to discuss any further details at this time since discussions are in draft form right now at the request of Harrison Medical Center, but she will keep the Council posted... It was asked how the City could get a federal designation of a "blighted area"— DCD will look into that.... Important for City officials to be in front of Harrison Medical Center decision makers as they discuss their relocation plans for their old building... Maybe the City could put in an effort to attract another medical group and not waste any more time with Harrison Medical Center... "Plan for void after Harrison Medical Center moves on"will be listed as a goal for the Mayor to continue to monitor... • Look for marketing opportunities (Jerry McDonald) Work continues on ways to get more music on the boardwalk on Fridays as well as Saturdays... Encouraged by thoughts of expanding the beer festival... Suggestion for these subjects to be provided to the Ad Hoc "Move to Bremerton"Committee... Lodging Tax funds should not provide funds to groups that can't prove heads on beds, with criteria set and provided to applicants ahead of time...Bremerton should join Seattle Visitors Bureau (for about$500?)...Mayor Lent said perhaps this request could be a part of Budget Adjustments in June if Council wanted this in 2015... • Develop annexation implementation plan; and create a schedule of timelines (Greg Wheeler) It was agreed that you don't have annexation until you have advocates... This is a policy decision...Suggested that Mayor Lent and DCD look at Poulsbo's model for annexation to see how they're doing it... Any property owner hooking up to the City sewer system in the Urban Growth Area (UGA) would be required to annex into the City... Current requirement is for the property owner to sign a no-compete or no-protest agreement which means they will not protest when annexed at a later date...Mayor Lent stated that a financial analysis has been done, with results due in the spring... This will provide a financial snapshot for annexation of the entire UGA... The Council feels this financial analysis report should be part of the proposed annexation discussion... Once the Council has the financial analysis in the spring it will be used to consider whether to change the UGA sewer hook-up policy from a "non-compete agreement"to an "annexation requirement"for the property owner... City Council Joint Planning Session Minutes Saturday, February 7, 2015 Page 5 of 6 • Establish Facebook Policy (Greg Wheeler) Legal Department is developing accountability rules that would be set up for each Council District to have their own page if the Council Member would commit to monitor the site... A Policy Statement would need to be signed... Council Members will be restricted from posting on other Council District sites... Legal Department is also working with IT Manager to assure compliance with Public Records retention laws... • Increase public outreach (Roy Runyon) Asked if recording a meeting becomes the official record of the meeting... Concerns were expressed that video-recorded meetings sometimes changed the format because the interaction was lost... It was suggested that the live-stream of today's retreat could be considered a pilot... • Look at Historic Preservation (Roy Runyon) A model ordinance was proposed to have a building listed on the Historic Preservation List that could be determined by an established "Historic Preservation Committee"... Could include tax incentives, and one way to deal with empty buildings? Proposal would explain that to qualify, the City would need to first establish the committee, and then determine if the property met the criteria, which would be up to the Committee to decide... It was corrected that the criteria for this purpose is already set by the State... Mayor Lent mentioned that the President of the Bremerton Chamber has previously brought a similar proposal to the Administration, which she forwarded to the Legal Department for a determination... Questions asked included if this was something that could instead be dealt with by the private property owner... And whether there should be demand from the public first before the City spends time on this proposal... It was countered that this proposal could be used as another tool by DCD... Mayor Lent will be reporting back soon... • Increase involvement in Callow Avenue Business District (Dino Davis) Established that everything that's been said is same thing that could be applied to saving Callow Avenue... The businesses of the area have been very, very happy since the Parks Department added the flower baskets so there is a lot of support to see the flower basket program continue... But the light poles require updating, and would have value to help change the perception of people coming into the City... Agreement was reached that more needs to be done to make Callow Avenue appear more "welcoming"...Cinco de Mayo event is coming back this year... Acknowledged that other areas could also use help from the City... Improve Financial Sustainability of City Parks • Decide on business model/funding plan for Parks Department (Eric Younger) Thinks the only viable solution was to create a "Parks Foundation"if there is also community interest to raise money for capital improvements... A few members of the Parks & Recreation Commission were in attendance (Colleen Smidt and Richard Nerf)... They were granted permission to provide comments...Mr. Nerf pointed out that City Parks should be included as a part of the total picture to bring people here because use of parks keeps people healthy, and helps to keep people happy... Questioned was asked that if a Parks Foundation was created would there be people willing to serve at this higher capacity... Ms. Smidt explained that due to the turn-over in members from the previous Parks Commission, it was uncertain, but Ms. Smidt confirmed that she certainly was willing to serve... More needs to be done to see if there is public support... President Wheeler summarized it up into two parts: Part I is structure (cost and resources) and Part 11 is everyone going out together to see if there is community support... Council Member Runyon raised the proposal to combine Parks and Public Works Departments, but most acknowledged that the mindset of Parks and Public Works is too vastly different... Mayor Lent added that she removed the responsibility for maintenance of five fountains from City Council Joint Planning Session Minutes Saturday, February 7, 2015 Page 6 of 6 Public Works and gave it to the Parks Department because they not only tended to the mechanics, but did so with more "loving care"... A great amount of respect was expressed for the work done by both Departments, and that the proposal to combine the Departments would not save money or people.... President Wheeler stated that concluded the discussion of all listed agenda items. Mayor Lent provided a brief update on the West Sound Alliance and provided a handout. With no further business, President Wheeler adjourned the City Council Joint Planning Session at 3:20 PM. APreredand Submitted by: SMITH, Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session — Study Session Date: N/A February 11, 2015 COUNCIL MEETING Date: February 19, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on February 11, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: O Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, February 11, 2015 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, February 11, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the February 19, 2015 Council Special Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED— The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Resolution to establish March 18, 2015 as a Public Hearing date to vacate alley between Dr ML King Way and 8th Street, and Warren Avenue to Park Avenue Consent Agenda 2. Purchase of a 2015 Chevrolet Silverado Y2-Ton 44 Pick-Up Truck from Bud Clary Chevrolet of Longview, WA for the Facilities Division Consent Agenda 3. Purchase of a 2015 Ford Transit Cargo Van from Columbia Ford Nissan of Longview, WA for the Electronics Division Consent Agenda 4. Purchase of a 2015 Nissan Frontier 44 Extended Cab Pick-Up Truck from Columbia Ford Nissan of Longview, WA for the Parks & Recreation Department Consent Agenda 5. Purchase of a 2015 Ford Escape from Columbia Ford Nissan of Longview, WA for the Water Utility Department Consent Agenda 6. Purchase Agreement with Masco Petroleum for Fuel and Fuel Products Consent Agenda 7. Amendment to the 2010 Interlocal Agreement with the Kitsap Public Utility District Consent Agenda 8. Purchase of Factory Assembled Structure from Williams-Scotsman to house the Casad Dam Electrical Service Consent Agenda 9. Interlocal Agreement with the Puget Sound Clean Air Agency for the Idle Reduction Program for Emergency Response Vehicles Consent Agenda 10. Professional Services Agreement and Scope of Work with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and the CSO Post-Construction Monitoring Report Consent Agenda 11. Mechanical Upgrades to the Centrisys Centrifuge at the Westside Wastewater Treatment Plant by Centrisys Centrifuge Systems Consent Agenda 12. Mechanical Upgrades to Parkson Influent Screens#1 and #2 at the Westside Wastewater Treatment Plant by Parkson Corporation Consent Agenda City Council Study Session Minutes Wednesday, February 11, 2015 Page 2 of 2 B. BRIEFINGS AND FULL PRESENTATIONS 13. Proposed Backflow Device Program —Wayne Hamilton, Utilities Operations Manager Information only 14. SOLE SOURCE PURCHASE FOR REPLACEMENT OF A DISTRIBUTION KIOSK (ELECTRICAL EQUIPMENT) LOCATED AT PENDERGAST PARK BY VALID MANUFACTURING LTD: Jim Orton, Equipment Services Manager, explained that the Distribution Kiosk (electrical cabinet) at Pendergast Park that controls the outside lighting sustained major damage form an automobile accident and needs to be replaced. The cabinet is a sole source item with a replacement cost of approximately $55,000. Chal Martin, Public Works & Utilities Director determined from the discussion that there was enough understanding from the Council about the sense of urgency to repair the cabinet, and that 8 days could be saved if the work could start right away, and therefore requested action tonight. President Wheeler concurred. There were no comments from the public... M/S/C/U (Younger/Daugs) Move to approve a sole source purchase from Valid Manufacturing Ltd. for the purchase of a Distribution Kiosk and electrical equipment, not to exceed $75,000. C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (2/3/15 Meeting) — Mike Sullivan, Chair o Public Safety and Parks Committee Briefing — Leslie Daugs, Chair o Other General Council Business was discussed; including agreement on the topics to be focused on by the City of Bremerton delegation when meeting with Legislators during the AWC City Action Days Conference being held in Olympia on February 18 & 19. With no further business, President Wheeler adjourned the Council Study Session at 6:50 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 979 CITY OF BREMERTON CITY COUNCIL ■■���������������00MEE000MEEEEEEEEE0EMEEEENEE00E000000EEEM000EEE00EE0080Ma000000EE000001 SUBJECT: Resolution No. 3242 Study Session Date: February 11th, 2015 to establish March 18, 2015 as a hearing COUNCIL MEETING Date: February 1 9th, 2015 date to vacate a portion of public right of way Department: Public Works & Utilities alleys between Dr ML King Way and 8th Presenter: Tom Knuckey Street and Warren to Park Avenues Phone: 360.473.5920 SUMMARY: The adjacent property owner, Emmanuel Apostolic Church, has petitioned the City to have a portion of the unimproved alleys between Dr ML King Way and 8th Street and Warren to Park Avenues vacated to accommodate the proposed Marvin Williams Youth Center. The alleys are unimproved; as such are Class III with no compensation owing. ATTACHMENTS: 1) Resolution No. 3242; 2) Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: Nx No Presentation ❑ Full Presentation STUDY SESSION ACTION: Nx Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3242 to establish March 18, 2015 as a Hearing Date to vacate alleys between Dr ML King Way and 8th Street and Warren to Park Avenues. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 RESOLUTION NO. 3242 A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of a portion of the right of way for Alleys between Dr ML King Way and 8`" Street and Warren to Park Avenues. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A public hearing will be held on March 18th, 2015, at 5:30 p.m. or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation. SECTION 2. Severability. if anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. 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 , 2015. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk ROW Vacation —Hearing ALLEY VACATION FOR PORTION OF RE-PLAT OF LOUIS L LOOS' ADDITION TO BREMERTON ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: February 18th, 2015 PREPARED BY: Joe Keller SUMMARY A. Applicant: Emmanuel Apostolic Church Lawrence R. Robertson Sr. 10236 th Street Bremerton, WA 98337 Location: Portion of the alleys between Dr ML King Way and 8th Street and Warren — Park Avenues BACKGROUND The adjacent property owner has petitioned the City to have the Public Right of Way Alleys abutting their property vacated. The right of way was dedicated by the Re-Plat of Louis L Loos' Addition to Bremerton; February of 1903. The right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 12 -14 feet N/A • R-O-W Areas N/A N/A • Pavement Width No N/A • Surface Type No N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: _-- - December 2014 Emmanuel Apostolic Church alley Vacation Page 1 of 4 This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property.owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES An easement will be reserved for Cascade Natural Gas, CenturyLink, and Puget Sound Energy for existing facilities within the proposed vacation. No City utilities are present in the area. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. December 2014 Emmanuel Apostolic Church alley Vacation Page 2 of 4 COMPENSATION No compensation is owing as this is Class III right of way. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Alley Vacation be approved as requested. 'r. R a �fit +fI ffes�.. •rr s.f " r �n�•••I, •'",' • J=,. Y•!•'y ; .• ... ,�n,M1. taw �„^y: r .L „ . '� _ f• ri t.�•, a, � i'� 'ti C' :: �'�:may sx.. , •.r..iR Y 7W pr,A 4 lMl _.�•'+Ltl`'ti'.s y:t5. 5/�� -t` ��'sr•,w iJL..LW��.s l..,.t4•ry ti. _ }•.a _A�.Jv_, ti Alley facing West from mid-point northbound alley. December 2014 Emmanuel Apostolic Church alley Vacation Page 3 of 4 orD ry �4 '•1 ---------- Q l • � O c G Alley facing North from Dr ML King Way v. •. , O Alley facing North from mid-point westbound alley. - December 2014 Emmanuel Apostolic Church alley Vacation Page 4 of 4 •iJ_ `� � 1 1 `i.N 77 - � _� r�, _ ► s — 2 WWrDE'- TION (� ';-_- ; 8TH STREET I if L=4 -_ 8TH WLu - Nlit nCL - ae _ DR ML KINGMWAY _ c I — . R .GV: V I N ,i,. aid � -- -�' �� _G---,• �i S- -i-1,---__ EXHIBIT FOR COUNCIL ALLEY VACATION FOR MARVIN WILLIAMS CENTER SCALE = I"=100' AGENDA BILL IF CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a 2015 Chevrolet '/2 Study Session Date: 02/11/15 ton 4X4 Pickup for Facilities from Bud Clary COUNCIL MEETING Date: 02/19/15 Chevrolet of Longview, WA Department: ERR Presenter: Jim Orton Phone: 473-5359 SUMMARY: The approved 2015 budget shows a replacement in facilities division of a half-ton Pickup truck. The total cost of this purchase is $27,158.39 including Washington State sales tax. This purchase will utilize Washington State contract 03813. The authorized dealer is Bud Clary Chevrolet of Longview WA. The replaced vehicle (2000 Silverado 2WD) will be removed from the fleet. ATTACHMENTS: 1) Copy of quote from state contract 03813 FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund at $30,000.00. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a 2015 Chevrolet Silverado 4X4 pick up from Bud Clary Chevrolet in the amount of$27,158.39 including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 From: NOREPLYCoWesma.gov To: Jim Orton Cc: Steve,HatfieldCaldes.wa.aov Subject: Vehicle Quote-2015-1-555-BREMERTON,CITY OF-21801 Date: Tuesday,January 27,2015 7:41:58 AM Vehicle Quote Number: 2015-1- Create Purchase Request View Organization purchase 555 requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract&Dealer Information Contract 03813 Dealer: Bud Clary Chevrolet(W262) Dealer Contact: Becky Davis Dealer Phone: (360)423-1700 Organization Information Organization: BREMERTON,CITY OF-21801 Email: jim.orton@ci.bremerton.wa.us Color Options silver ice metallic-1 Tax Exempt: N Vehicle Options Order Code Option Description Qty Unit Price Ext.Price 2315-823-001 2015 Chevrolet Silverado 1/2 Ton Pickup(4WD), Extended Cab 1 $24,799.00 $24,799.00 2315-823-020 Skid Plate(Delete)(Deduct)(NZZ) 1 ($100.00) ($100.00) 2315-823-026 Tow Hooks, Front(V76) 1 $48.00 $48.00 2315-823-031 Trailering package Z82 1 $330.00 $330.00 Quote Totals Total Vehicles: 1 Sub Total: $25,077.00 8.3%Sales Tax: $2,081.39 Quote Total: $27,158.39 AGENDA BILL Cq CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a 2015 Ford Transit Study Session Date: 02/11/15 Cargo Van from Columbia Ford Nissan of COUNCIL MEETING Date: 02/19/15 Longview, WA Department: ERR Presenter: Jim Orton Phone: 473-5359 SUMMARY: The approved 2015 budget for ERR shows a vehicle replacement for the Electronics Division. The replacement is a 2015 Ford Transit Cargo Van. We will utilize Washington State contract 03613. Total cost for this purchase is $31,170.91 including Washington State sales tax. The authorized dealer is Columbia Ford Nissan of Longview WA. The replaced vehicle will be removed from the fleet. ATTACHMENTS: 1) Copy of quote from Washington Stated contract 03613 FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund at $34,000.00. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase from Columbia Ford Nissan of Longview WA in the amount of$31,170.91 including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 From: NOREPLYOdes.wa.gov To: Jim Orton Cc: Steve,Hatfield(uDdes.wa.gov Subject: Vehicle Quote-2015-1-516-BREMERTON,CITY OF-21801 Date: Monday,January 26,2015 9:13:02 AM Vehicle Quote Number: 2015-1- Create Purchase Request View organization purchase 516 requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract&Dealer Information Contract 03613 Dealer: Columbia Ford Nissan(W403) Dealer Contact: Marie Tellinghiusen 700 7th Avenue Dealer Phone: (360)423-4321 Ext: 187 Longview WA 98632 Dealer Email: mariet@colford.com Organization Information Organization: BREMERTON,CITY OF-21801 Email: jim.orton@ci.bremerton.wa.us Color Options Oxford White-1 Tax Exempt: N Vehicle Options Order Code Option Description Qty Unit Price Ext.Price 2314-424-001 2015 Ford Transit Low Roof E15 Full-Size Cargo Van,8600# GVWR, 1 $21,215.00 $21,215.00 Regular Wheelbase, 130 inch Wheelbase, 220 inch Overall Length,83.6 inch Overall Height(E1Y/101A/130WB) 2314-424-008 Medium Roof E25,9000# GVWR,Regular Wheelbase, 130"WB,220"OL, 1 $1,596.00 $1,596.00 100.8"OH (RlC/101A/130WB) 2314-424-019 Alternative Engine, 3.5L V6 EcoBoost(320 HP)(99G/446) 1 $1,622.00 $1,622.00 2314-424-020 Alternator, HD(220-Amp w/gas, 210-Amp w/diesel)(63C) 1 $226.00 $226.00 2314-424-021 HD Dual Batteries(Included w/diesel engine)(63E) 1 $257.00 $257.00 2314-424-028 Daytime Running Lights(942) 1 $40.00 $40.00 2314-424-031 Mirrors, Short-Arm Power Heated with Turn Signals(late availability)(542) 1 $136.00 $136.00 2314-424-035 Rearview Camera with Trailer Hitch Assist(61C) 1 $219.00 $219.00 2314-424-036 Reverse Sensing System(43R) 1 - $258.00 $258.00 2314-424-037 Running Board,Sliding Passenger-Side Cargo Door only(68H) 1 $140.00 $140.00 2314-424-038 HD Trailer Tow Package(trailer wiring provisions,4/7-pin connector, 1 $405.00 $405.00 electric brake controller tap-in capability,relay system for back- up/B+/running lights,frame-mounted hitch receiver,tow/haul mode)(53B) 2314-424-039 Trailer Brake Controller(must also order 2314-424-038 HD Trailer Tow 1 $200.00 $200.00 Package#53B and 2314-424-072 Cruise Control#60C)(67D) 2314-424-041 Power Point,12V Rear(90B) 1 $15.00 $15.00 2314-424-042 User-Defined Upfitter Switches(4)(Must also order HD Alternator#63C 1 $75.00 $75.00 and Dual Batteries#63E)(67C) 2314-424-043 Limited Slip Rear Axle(call dealer for avadabdity)(XXL) 1 $283.00 $283.00 2314-424-053 Fixed Rear Door Glass(17A) 1 $66.00 $66.00 2314-424-063 Rear Window Defogger(only available with fixed rear door glass)(57N) 1 $152.00 $152.00 2314-424-064 Privacy Glass,Rear Glass Only(can only be ordered with Fixed Rear Glass 1 $261.00 $261.00 #17A)(includes rear window defogger#57N)(92E/57N) 2314-424-069 Air-Conditioning,front&rear(driver-control led)(Must also order Reverse 1 $749.00 $749.00 Sensing System #43R)(includes HD Alternator#63C on gas engines)(57G) 2314-424-071 AM/FM/CD(58V) 1 $299.00 $299.00 2314-424-072 Cruise Control with message center(full trip computer and enginer hour 1 $285.00 $285.00 meter)(60C) 2314-424-073 Cargo Area LED Load Compartment Lighting Package(85D) 1 $62.00 $62.00 2314-424-091 Service Manual,CD (DLR) 1 $221.00 $221.00 Quote Totals Total Vehicles: 1 Sub Total: $28,782.00 8.3%Sales Tax: $2,388.91 Quote Total: $31,170.91 AGENDA BILL it 14 CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a 2015 Nissan Study Session Date: 2/11/15 Frontier 44 Pickup for the Parks COUNCIL MEETING Date: 2/19/15 Department from Columbia Ford Nissan, Department: ERR Longview, WA Presenter: Jim Orton Phone: 473-5359 SUMMARY: The approved 2015 budget shows a replacement pickup truck for the Parks Department. The replacement is a 2015 Nissan Frontier 4X4 Extended cab pickup. We will be using Washington State contract 03813. The authorized dealer is Columbia Ford Nissan of Longview, WA. Total cost for this purchase is $26,202.10 including Washington State sales tax. The replaced vehicle (2000 GMC Sonoma 2WD truck) will be removed from the fleet. ATTACHMENTS: 1) Quote from State Contract 03813 FISCAL IMPACTS: Budgeted within the 510 fund at$27,000.00. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of one 2015 Nissan Frontier from Columbia Ford Nissan of Longview WA in the amount of$26,202.10 including Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 From: NOREPLY(@des.wa.00v To: Jim Orton Cc: Steve.Hatfield(a)des.wa.00v Subject: Vehicle Quote-2015-1-505-BREMERTON,CITY OF-21801 Date: Monday,January 26,2015 8:15:33 AM ' Vehicle Quote Number: 2015-1- Create Purchase Request View organization purchase 505 requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract&Dealer Information Contract 03813 Dealer: Columbia Ford Nissan(W403) Dealer Contact: Marie Tellinghiusen 700 7th Avenue Dealer Phone: (360)423-4321 Ext: 187 Longview WA 98632 Dealer Email: mariet@colford.com Organization Information Organization: BREMERTON,CITY OF-21801 Email: jim.orton@ci.bremerton.wa.us Color Options Glacier White(all)-1 Tax Exempt: N Vehicle Options Order Code Option Description Qty Unit Price Ext. Price 2315-716-001 2015 Nissan Frontier"SV"4WD Extended Cab(31415) 1 $22,317.00 $22,317.00 2315-716-004 "SV"Value Package(Includes rear sonar system, rearview monitor,heated 1 $1,782.00 $1,782.00 front seats,dual-zone automatic temp control,auto-dimming mirror with integrated compass and outside temp display,fog lights,factory spray-on bedliner, Utili-track channel sytem,4 adjustable tie-down cleats,Vehicle Security System(VSS),class IV integrated receiver hitch,sliding bed extender, in-cabin microfilter,floor mats)(1<02) 2315-716-007 Backup Alarm(DLR) 1 $95.00 $95.00 Quote Totals Total Vehicles: 1 Sub Total: $24,194.00 8.3%Sales Tax: $2,008.10 Quote Total: $26,202.10 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Water Utility Study Session Date: 2/11/15 Vehicle from Columbia Ford Nissan of COUNCIL MEETING Date: 2/19/15 Longview WA Department: ERR Presenter: Jim Orton Phone: 473-5359 SUMMARY: The approved 2015 budget for ERR shows a vehicle replacement for the Water Utility. The replacement is a 2015 Ford Escape. We will be using Washington State purchasing contract 03613. The authorized dealer is Columbia Ford Nissan of Longview Washington. The total cost of this purchase is $25,311.88 including Washington State sales tax. The replaced vehicle (a 2002 4WD Chevy Blazer) will be removed from the fleet. ATTACHMENTS: 1) Quote from Washington State contract 03613 FISCAL IMPACTS: Budgeted within the 510 fund at $27,000.00. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a 2015 Ford Escape per state contract 03613 from Columbia Ford Nissan of Longview WA in the amount of$25,311.88 including Washington state sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 From: NOREPLY(aldes.wa.gov To: Jim Orton Cc: Steve,Hatfield0des.wa.gov Subject: Vehicle Quote-2015-1-503-BREMERTON,CITY OF-21801 Date: Monday,January 26,2015 8:08:52 AM Vehicle Quote Number: 2015-1- Create Purchase Request View organization purchase 503 requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract&Dealer Information Contract 03613 Dealer: Columbia Ford Nissan(W403) Dealer Contact: Marie Tellinghiusen 700 7th Avenue Dealer Phone: (360)423-4321 Ext: 187 Longview WA 98632 Dealer Email: mariet@colford.com Organization Information Organization: BREMERTON,CITY OF-21801 Email: jim.orton@ci.bremerton.wa.us Color Options Oxford White-1 Tax Exempt: N Vehicle Options Order Code Option Description Qty Unit Price Ext.Price 2315-304-001 2015 Ford Escape Front-Wheel Drive(UOF/100A) 1 $18,176.00 $18,176.00 2315-304-006 Daytime Running Lights(942) 1 $38.00 $38.00 2315-304-009 Manuals,Service(CD)(DLR) 1 $221.00 $221.00 2315-304-010 Mats, Rubber Floor(pr)(DLR) 1 $64.00 $64.00 2315-304-011 Mud Flaps, Front&Rear(DLR) 1 $60.00 $60.00 2315-304-018 Upgrade Four Wheel Drive(4WD)Model or All Wheel Drive(AWD)with all 1 $4,813.00 $4,813.00 contract required equipment(4WD Model)Includes Alternative Engine 2.OL EcoBoost with SE Trim Upgrade)(U9G/999) Quote Totals Total Vehicles: 1 Sub Total: $23,372.00 8.3%Sales Tax: $1,939.88 Quote Total: $25,311.88 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeseeeeeeeee SUBJECT: Award of Fuel Bid to Masco Study Session Date: 2/11/15 Petroleum, Aberdeen WA COUNCIL MEETING Date: 02/19/15 Department: PW&U Presenter: Jim Orton Phone: 473-5359 SUMMARY: The City of Bremerton's fuel contract with Masco Petroleum expired in 2014. Requests for Proposals (RFP) were sent to three separate fuel companies. Proposals were opened January 20, 2015. After review staff recommends that the contract be awarded to Masco Petroleum based on Oil Petroleum Information Service (OPIS) daily pricing and a margin of 5 cents per gallon. This is a three year agreement with the ability to extend the agreement for an additional three, one-year terms. ATTACHMENTS: 1) Purchase Agreement; 2) Exhibit A; 3) Proposal sheets with costs and margins. FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Purchase Agreement for fuel and fuel products by Masco Petroleum of Aberdeen, WA and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 PURCHASE AGREEMENT THIS AGREEMENT,made and entered into in triplicate,this 1 st day of March, 2015 by and between the City of Bremerton,hereinafter called"City", and Masco Petroleum, hereinafter called"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: 1. SCOPE: Contractor shall perform all work and furnish all labor, tools, material and equipment to provide: FUEL AND FUEL DISPENSING SERVICES All work shall be in accordance with the Technical Specifications for Gasoline and Diesel Fuels &Dispensing Facility Services, which are attached hereto as Exhibit A. Contractor shall provide and bear the expense of all equipment, tools, materials and labor of any sort whatsoever that may be required for the performance of services provided for in this contract and every part thereof, except such as are mentioned in the specifications to be furnished by the City. 2. TERM: Services shall start March 1, 2015 and shall end February 28, 2018. The parties may agree to three one-year extensions by both parties signing a letter of extension prior to each one year extension. 3. COMPENSATION: City agrees to pay Contractor margins per gallon over the OPIS Weekly Pad Report, average range listed for Seattle/Tacoma. The margin added to gallonage for the term of this agreement shall be: Diesel Fuels .05 (five) Per Gallon Unleaded Gasoline .05 (five) Per Gallon EXCEPT THAT, the City agrees to pay Contractor the Masco pump price plus 5 cents per gallon for fuel delivery to the City's three fire department stations located at: Station 1 911 Park Avenue, Bremerton WA Station 2 5005 Kitsap Way, Bremerton, WA Station 3 3031 Olympus, Bremerton, WA 1 4. LICENSES AND TAXES: Contractor shall possess a current Bremerton Business License and any regulatory license required to fulfill Contractor's Obligations under this contract. B &O taxes shall be paid when due, and Contractor by this agreement assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. 5. AUTHORIZED REPRESENTATIVE: The City's Authorized Representative shall act as advisor and consultant to the City in all matters relating to the contract, and responsibilities shall include approving the amount, quality and acceptability of the services which are to be paid for under the contract and approve all pay estimates prior to payment by the City. The decision of the authorized representative in the matters described above shall be final. The authorized representative for this project is Owen J. Orton or as otherwise assigned by the Director of Public Works &Utilities. 6. INSURANCE: Prior to commencing services under this agreement, Contractor will provide the City Risk manager with a certificate of insurance evidencing comprehensive general liability insurance for all contractor operations in the minimum amount of$1,000,000 per occurrence for bodily injury and property damage. This certificate of insurance must be issued by the insurer acceptable to the City, must name the City of Bremerton an additional insured, and must provide for 30 days advance notice of cancellation. Contractor shall keep the required insurance coverage current throughout the life of the contract and shall present the City with subsequent certificates of insurance as necessary to evidence the existence of on-going insurance coverage. Certificates should be mailed to: Risk Manager City of Bremerton 3456 1h Street, Suite 600 Bremerton, WA 98337 7. INDEMNITY: Contractor agrees to defend, indemnify and save harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at anytime resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Contractor, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent that the City is judicially found solely negligent for such damage or injury. 8. NON-DISCRIMINATION: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. 9. NOTICES: Any notices required to be given shall be in writing and delivered to the following parties at the following addresses: 2 City Clerk Masco Petroleum 3456 1h Street Suite 600 P.O. Box 43 Bremerton,WA 98337-1873 Aberdeen, WA 98520 10. APPLICABLE LAW, VENUE: This contract shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute,the venue of any action brought hereunder shall be in Kitsap Superior Court. 11. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty(30)days written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within(5)days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Contractor is providing services to the City as of the effective date of termination. 12. ATTORNEY'S FEES AND COSTS: In the event of any action or proceeding brought by either party against the other under this contract, each party is responsible for its own attorneys' fees and costs. 13. ASSIGNMENT: The rights and obligations established by this Agreement, except the receipt of payment, may not be assigned without the written consent of the City. 14. ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements,written or oral, that have not been fully set forth in the text of this Agreement. IN WITNESS WHEREOF the parties have executed this Agreement on the day and year written below. CITY OF BREMERTON MASCO PETROLEUM By: Patty Lent, Mayor By: Its: Date: Date: APPROVED AS TO FORM: Bremerton City Attorney R.TegalTegalTontractsTUBLIC WORKSTurchase Agreement MASCO Petroleum 08-10 doe 3 EXHIBIT A TECHNICAL SPECIFICATIONS FOR GASOLINE AND DIESEL FUELS& DISPENSING FACILITY SERVICES The City of Bremerton operates a fleet of approximately 350 vehicles using the following fuels: Diesel 100 Unleaded Gasoline 250 Experienced annual consumption in gallons; Diesel 70,000 Unleaded Gasoline 100,000 Consumption figures are rounded but are within 10%of 2013 actuals.These numbers are given for estimating purposes only.They do not represent guaranteed or implied quantities or order for fuels.The"mix"of use is presented for estimating purposes only. Octane ratings are/shall be those commonly accepted as the industry standard prescribed by the vehicle manufacturers. Biodiesel, if available,shall have a minimum blend of 5%and a maximum blend of 20%. The dispensing facility for all commodities included herein shall be within five (5)minute drive, unhindered by traffic,of the City of Bremerton Equipment Services Maintenance facility located at 100 Oyster Bay Ave. N. Bremerton. A CARD LOCK SYSTEM The following specifications pertain to the "Card Lock"system and represent the minimum standards acceptable to the City. 1. For security reasons it is desirable to utilize a one(1) card system with the following specifications; a) Each listed vehicle will have its own assigned fuel card that corresponds with the vehicle numbering system used by the City of Bremerton. b) Each listed operator will be issued a unique Personal Identification Number (PIN)to be issued by the contractor in a four(4)digit numerical format. EXHIBIT A 2. Equipment Services will advise the contractor when new or replacement cards/PIN numbers are required. 3. Vehicle cards and or PIN numbers will be provided within seven (7)calendar days following the request from Equipment Services Division. B. REPORTING The following specifications pertain to the"Reporting"system and represent the minimum standards acceptable to the City; 1. All reports will be submitted to the Equipment Services Division.The reporting system shall have the capability to produce reports requested by the City in a variety of sorts, including but not limited tp: a) By vehicle:Vehicle numbering must match the city's vehicle numbering system utilizing 4 to 6 digits(example 1425 or 111425). b) By operator/driver c) By date and time of purchase d) By location of purchase e) By type and quantity of fuel 2. Monthly reports and statements shall be in electronic format which can easily be inputted into the City of Bremerton's asset management system. 3. The City of Bremerton will accept and pay invoices monthly.The City does not pay from statements. Contractor shall submit monthly billing in a format that includes: a) Billing period dates b) Invoice number c) Date and time of purchase d) Vehicle number e) Driver name f) Odometer reading g) Product EXHIBIT A h) Gallons delivered by grade i) Price per gallon by grade j) Plus margin per gallon k) Appropriate tax 1) Extended price All fueling receipts shall be posted in dated order for each vehicle and include all information shown in 3 above. C. The following specification pertains to hours and conditions of service and access and are predicated on the City's need to respond to the emergency needs of its citizens regardless of hour,day,weather conditions and other acts of nature. 1. Access of fueling services shall be twenty-four(24) hours per day,seven(7)days per week including holidays. 2. A twenty four(24) hour emergency telephone number will be posted and clearly visible on the pumps or at another appropriate on-site location with instructions as to how to contact the Vendor to report emergencies or service failure.Contractor will provide twenty-four(24) hour repair service coverage.Service response will be no longer than two(2) hours from the time the call is placed. 3. Contractor agrees to provide the City with an uninterrupted source of fuels in the event of emergencies caused wholly or in part by embargoes,civil unrest,and national emergency,acts of nature or re-implementation of allocations. 4. The Contractor shall provide and demonstrate emergency power generation,or a means of connecting emergency power generation,to ensure the continued operation of pumps and accounting systems in the event of natural or catastrophic events that disrupt normal electrical operation of the fueling facility. 5. Allocations and availability of fuels shall not be less than one hundred percent (100%)of fuels purchased during the past full year with delivery available on a monthly average basis. 6. Preference may be given to firms offering card lock services throughout Western Washington. Availability of interstate services is desirable. D. PRICING AND BASIS OF BID AWARD 1. The contract will be awarded for a three(3)year term beginning March 1512014. Thereafter,the City retains the option to extend the contract annually for up to three(3)additional one(1)year terms. EXHIBIT A 2. Bids will be received and a contract awarded on an All or None basis.The contract will not be split between two or more contractors. 3. Bidder must bid and provide all fuel products listed. 4. Products provided shall be priced at the average range of Oil Price Information Service(OPIS)Weekly Pad Report. Bidders will specify a firm,fixed margin above the average range price listed for Seattle/Tacoma,as reported in the publication.These margins will be used for bid evaluation.The weekly per gallon price will be determined by adding the"margin price" (for each type of fuel)to the average listed OPIS PAD 4/5 Report for Seattle/Tacoma, published weekly, except for the last week in June and December. 5. Bids will be evaluated using the margin bid applied to Experienced Annual usage for all product combined.The lowest average overall margin, based on Experience Annual usage,will be used to determine award. 6. Margins shall be fixed for the term of this agreement including any contract extension periods. 7. Contractor will be responsible for all set-up and materials costs for initializing the system for City use, including required vehicle cards and driver PIN. E. BULK FUEL DELIVERY The City of Bremerton owns and maintains four(4)above ground bulk fuel tank located at each of the Fire Stations within the city.This fuel delivery shall be made part of this bid and will show price of each fuel by gallon to include the standard margin and the delivery cost(per gallon). Delivery locations are included below; Station 1- 911 Park Ave. Bremerton,WA Station 2- 5005 Kitsap Way Bremerton,WA Station 3- 3031 Olympus Bremerton,WA City of Bremerton RFP-Gasoline&Diesel Fuels&Dispensing Facility Services Bid Closes Spm January 20,201S i E I 3 PROPOSAL DOCUMENT I' ' CITY OF BREMERTON I The following are the margins bid over the OPIS Weekly Pad Report,average range listed for Seattle/Tacoma: FUEL TYPE MARGIN PER GALLON DIESEL Os In words P1, Ire, Cer&S REGULAR UNLEADED In words 1 Ufa Signed for Bidder,-O&—e Title SUBMIT TO: City Clerk City of Bremerton 345 6tI'Street,Suite 600 Bremerton WA 98337 January 2,2015 City of Bremerton—Fuel EXHIBIT A 2. Bids will be received and a contract awarded on an All or None basis.The contract will not be split between two or more contractors. 3. Bidder must bid and provide all fuel products listed. 4. Products provided shall be priced at the average range of Oil Price Information Service(OPIS)Weekly Pad Report. Bidders will specify a firm,fixed margin above the average range price listed for Seattle/Tacoma,as reported in the publication.These margins will be used for bid evaluation.The weekly per gallon price will be determined by adding the"margin price"(for each type of fuel)to the average listed OPIS PAD 4/5 Report for Seattle/Tacoma,published weekly,except for the last week in June and December. S. Bids will be evaluated using the margin bid applied to Experienced Annual usage for all product combined.The lowest average overall margin, based on Experience Annual usage,will be used to determine award. 6. Margins shall be fixed for the term of this agreement including any contract extension periods. 7. Contractor will be responsible for all set-up and materials costs for initializing the system for City use,including required vehicle cards and driver PIN. E. BULK FUEL DELIVERY The City of Bremerton owns and maintains four(4)above ground bulk fuel tank located at each of the Fire Stations within the city.This fuel delivery shall be made part of this bid and will show price of each fuel by gallon to include the standard margin and the delivery cost(per gallon).Delivery locations are included below, Station 1- 911 Park Ave. 1MC4S A o Bremerton,WA �a& 4 Station 2- 5005 Kitsap Way V4\0'.j L0 A V vv'` Bremerton,WA cr�4 c L-ec Station 3- 3031 Olympus Vvv&� o uw$ �r�cse� �,�%35 S Bremerton,WA City of Bremerton RFP-Gasoline&Diesel Fuels&Dispensing Facility Services Bid Closes Spm January 20,2015 PROPOSAL DOCUMENT CITY OF BREMERTON S WWI The following are the margins bid over the OPIS Week' Pad Report,average range listed for Seattle/Tacoma: FUEL TYPE MARGIN PER GALLON DIESEL 415.lo aleyt1%8 1AIW 'MENA oft ca**z Aw+brr In words-4&3 vu-4% o ew."THIS oft.4 Vruv+A o4Ts coNivv%4 h,3Q*. REGULAR UNLEADED 40.10 lbsk-IL jNF D1AI q jkWV 1A 0911 Ce*xm#tT ' In words"lXqJ terM c099- Tft DAI0 mV.&VA OP%% Lv-nP*T Wyo. *A 436-cx> j>e%%vEM T� �,� tar A4pucA3�t£ �. f9 DELI�`I Mr90� 'Tfl A T3�1.1G Puce SIVE Signed for Bidder Title T&1(.%W *SWftq MrwAbEp� SUBMIT TO: City Clerk City of Bremerton 345 6"'Street,Suite 600 Bremerton WA 98337 January2,2015 City of Bremerton-Fuel APP Associated Petroleum Products,Inc. 1 Corporate lieadpuarters2=T 2320 Milwaukee Way,Tacoma,Washington 98421 ��--� Toll Free.(800)929.5243 1 Local.(253)627.6179 1 Fax.(253)627.3637 Fueling Success January 05, 2015 City of Bremerton 345 a St, Suite 600 Bremerton,WA 98337 SUBMISSION FOR FUEL RFP CARDLOCK: Location Product Delivery Margin Index Description Bremerton ULSD#2 Clear Cardlock $0.1000 Daily Tacoma OPIS Contract Average Bremerton UNL87E10 Cardlock $0.1000 Daily Tacoma OPIS Contract Average BULK FUELS: Location Product Delivery Margin Index Description 911 Park Ave ULSD#2 Clear Tank Wagon $0.1000 Daily Tacoma OPIS Contract Average 911 Park Ave UNL87E10 Tank Wagon $0.1000 Daily Tacoma OPIS Contract Average 5005 Vitsap Wy I ULSD#2 Clear Tank Wagon $0.1000 1 Daily Tacoma OPIS Contract Average 3031 OI m us I ULSD#2 Clear Tank Wagon $0.1000 1 Dailj Tacoma OPIS Contract Average A delivery fee of$50.00 will be applicable for a delivery made to any bulk fuel site APP Terris&Conditions Bulk fuel Invoices billed as NET 30 Cardlock fuel invoices are billed twice monthly,NET 15 Fuel Calculation—Washington Base Price(OPTS Posting plus applicable margin) WA Hazardous Substance Fee 0.7000%calculated on base price WA B&O 0.4840%calculated on base price WA State Excise Tax 0.3750 per gallon Federal Excise Tax 0.2430 per gallon Federal Oil Spill 0.0019 per gallon Federal LUST 0.0010 per gallon Fuel Surcharge 0.2500%calculated on base price Environmental Surcharge 0.5000%calculated on base price 'Please note our system rounds to the 9 for pricing Sincerely, ASSOCIATED PETROLEUM PRODUCTS, INC. �a Nick Schoenfelder Pricing &Supply Manager WWW.ASSOCIATEOPETROLEUM.COM AGENDA BILL "7K CITY OF BREMERTON CITY COUNCIL SUBJECT: Amendment to the 2010 Study Session Date: February 11, 2015 Interlocal Agreement with Kitsap Public COUNCIL MEETING Date: February19, 2015 Utility District Department: Public Works and Utilities Presenter: Kathleen Cahall Phone: 473-2315 SUMMARY: In December 2010, the City of Bremerton entered into an Interlocal Agreement with the Kitsap PUD to have the USGS perform a 5-year countywide hydrogeological study with multiple participants committing to a cost share. The total cost to the larger water systems, including Bremerton, was estimated to be $100,000 each with payments not exceeding $20,000 per year. To date, Bremerton has made $62,000 in payments. For 2015 we are being asked for$22,000 to finalize this successful cooperative project. This totals $84,000 which is less than the original total anticipated due to receipt of a state grant available one year. The amendment modifies the ILA in Section 4 to add: Except that, Participant's share shall not exceed $25,000 for 2015. ATTACHMENTS: 1) Section 4 with revised language in the 2010 ILA FISCAL IMPACTS (Include Budgeted Amount): This project is currently budgeted in the Water Utility for$20,000. This will increase the impact to the 2015 Water Utility budget by $2,000 which will not significantly impact operations. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Approve the amendment to the 2010 ILA with Kitsap PUD and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 AMENDMENT TO INTERLOCAL AGREEMENT FOR FUNDING OF USGS KITSAP PENINSULA GROUND WATER MODEL This is an amendment to the Interlocal Agreement for funding of USGS Kitsap Peninsula Ground Water Model entered into on December 16, 2010 between the City of Bremerton ("Participant") and Public Utility District#1 of Kitsap County("Lead Agency"). Whereas, Section 4 of the Agreement provides that "in no event shall Participant's share exceed $20,000 per year;" and Whereas, the Agreement terminates in December 2015; and Whereas, the parties wish to increase the Participant's share in 2015, which is the final year of the Agreement to an amount not exceed to $25,000 because anticipated grant funding was available only for one year; and Whereas, the total cost to each participant for the 5-year project was estimated to be $100,000 but will end up being less at $84,000 each; and NOW, THEREFORE, in consideration of the teens and conditions contained herein, the parties agree that Section 4 of the Agreement is amended to include the following sentence at the end of the section: EXCEPT THAT, Participant's share shall not exceed $25,000 for 2015. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. .DATED this day of , 2015. CITY OF BREMERTON PUBLIC UTILITY DISTRICT #1 OF KiTSAP COUNTY Patty Lent, Mayor Jim Civilla, President City of Bremerton Board of Commissioners ATTEST: ATTEST: City Clerk Clerk for Board of Commissioners APPROVED AS TO FORM: APPROVED AS TO FORM: Roger Lubovich, William Broughton, City Attorney Attorney for Kitsap PUD AGENDA BILL CITY OF BREMERTON 7L CITY COUNCIL SUBJECT: Purchase of Factory Assembled Study Session Date: February 11, 2015 Structure From Williams-Scotsman COUNCIL MEETING Date: February 19, 2015 Department: Public Works and Utilities Presenter: K. Cahall Phone: 473-2315 SUMMARY: The electrical service at Casad Dam is the oldest in the water system. Current and future operations require an updated electrical service with increased capacity, security, and functionality. It is recommended to install a Factory Assembled Structure (FAS) concrete block building to house the electrical service. ATTACHMENTS: 1) Staff memo FISCAL IMPACTS (Include Budgeted Amount): This purchase of$37,239.23 for the FAS is budgeted in the 2015 Water Utility Capital Budget as part of the "Casad Dam Electrical Upgrade". STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of the Factory Assembled Structure from Williams-Scotsman. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 To: Bremerton City Council From: Chal Martin,Public Works Director 1 Date: January27,2015 RE: Casad Dam Electrical Building Casad Dam was constructed in the mid-1950's to impound the Union River Reservoir for Bremerton's drinking water supply. This critical water system component requires electrical service to control the valve at the base of the dam,provide SCADA communications,and other functions. The electrical service at Casad Dam is the oldest in the water system. Current and future functions(such as improved lighting,security cameras,and seismic monitors)require an updated electrical service with increased capacity,security,and functionality. The existing power meter is on a pole on the west abutment,with an overhead cable drop to the valve house below.While the electrical equipment in the dam house has been replaced,the equipment on the pole has multiple deficiencies. The best option would be a Factory Assembled Structure(FAS)concrete block building tucked up into the west bank. These buildings meet building code and Labor and Industry requirements as they are pre-engineered and approved.Four Blazer brand FAS buildings have been s successfully used in the Wastewater Division. Advantages include: -} Y • All the electrical equipment except the meter would be inside the building ,i��.� ►r :;•.. • Vandal resistant l • Low maintenance '1�':'�'a rti•1 1 • Can safety work on equipment in inclement weather 9 • Space would be available for future remote control, , security,and monitoring equipment ?" °•;•.5:�,- � ` We are proposing a Blazer FAS building for the Casad Dam project because of their proven track record at Bremerton,ease of installation,security of the structures,to eliminate the entry issues with having a contractor at the dam,and they are the closest FAS { manufacturer. The FAS would be set in place and City electronics staff would install the electrical wiring. This approach makes the best use of time and resources by limiting construction at the dam. Three quotes were received as follows(all include the shipping and tax): Pacific Mobile Structures $53,203.26 Pump Tech $38,237.40 Williams-Scotsman $37,239.23 r, � �•j It is recommended to purchase the FAS from Williams-Scotsman. This project is part of the Casad Dam Electrical Service Upgrade budgeted in the Water Utility 2015 Capital Improvement Plan for$65,000. AGENDA BILL 7M CITY OF BREMERTON CITY COUNCIL SUBJECT: Interlocal Agreement with Puget Study Session Date: 2/11/15 Sound Clean Air Agency and City of COUNCIL MEETING Date: 2/19/15 Bremerton Department: ERR Presenter: Jim Orton Phone: 473-5359 SUMMARY: It is requested that the City of Bremerton enter into an interlocal agreement with Puget Sound Clean Air Agency for the purpose of accepting a grant for reducing emissions in diesel powered equipment by offering Idle reduction equipment to be installed in some of our Fire Department vehicles. Washington State Department of Ecology is administering the Idle Reduction Program for emergency response vehicles under Grant No. G130047. Under this program unnecessary engine idling will be reduced time by providing idle-reduction systems for emergency response vehicles. It is our intent to have some of our aid cars (ambulances) be retrofitted with auxiliary battery systems to reduce unnecessary idling thus reducing emissions fuel usage. ATTACHMENTS: 1) Interlocal Agreement between Puget Sound Clean Air Agency and the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): None - grant will cover all costs for the installation STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement with Puget Sound Clean Air Agency for the diesel emissions reduction program/idle-reduction. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 Interlocal Agreement No. 2015-072 INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is entered into between the Puget Sound Clean Air Agency, (hereinafter referred to as the "Agency"), a municipal corporation of the laws of the State of Washington, and City of Bremerton (hereinafter referred to as the "Fire Department"), 911 Park Avenue, Bremerton,WA 98337. WHEREAS, the Agency established the Diesel Solutions program to reduce emissions from diesel engine exhaust by retrofitting and replacing existing diesel vehicles, vessels, and equipment used in public and private fleets; and WHEREAS, the Washington State Department of Ecology awarded the Agency Grant No. G1300047 to administer an idle-reduction retrofit program to install idle- reduction technologies on diesel-fueled emergency response vehicles; and WHEREAS, the Fire Department operates diesel-fueled emergency response vehicles and desires to participate in the idle-reduction retrofit program; and WHEREAS, the Agency will contract directly with a third-party contractor to procure and install the idle-reduction equipment on vehicles operated by the Fire Department; and WHEREAS, the grant requires the Agency to track the use of the retrofitted vehicles and report on the idle-reduction resulting from retrofits completed under this program; and WHEREAS, the Board of Directors of the Puget Sound Clean Air Agency deems it desirable to enter into an Agreement with the Fire Department for the purposes of reducing idling on emergency response equipment; and WHEREAS, the parties enter into this Agreement pursuant to RCW 39.34 et. seq.; and NOW, THEREFORE, the Agency and the Fire Department mutually agree as follows: 1. Purpose and Scone of this Agreement. The Agency is administering the Idle- Reduction Program for diesel-fueled emergency response vehicles under Grant No. G1300047 from the Washington State Department of Ecology. The Idle-Reduction Program will reduce or eliminate unnecessary engine idling time by providing idle-reduction systems for emergency response vehicles. A diesel generator system will be used on fire engines and an auxiliary battery system will be used on aid cars. Page 1 Interlocal Agreement No. 2015-072 The primary goal of the project is to reduce diesel exhaust emissions, and the Agency will administer the funds to maximize these reductions. The purpose of this Agreement is to establish: A. The Process for Selecting and Installing Idle-Reduction Technologies B. The Agency's Responsibilities C. The Fire Department's Responsibilities This Agreement does not involve the exchange of funds between the parties. 2. Process for Selecting and Installing Idle-Reduction Technologies Step 1, Vehicle Selection. Using the vehicle information collected by the Department of Ecology in its idle-reduction equipment application, the Agency will provide the Fire Department with a list of retrofit candidate vehicles. The Fire Department will review the list and provide feedback to the Agency on which vehicles the Fire Department wants to retrofit. Should the Fire Department wish to have idle-reduction equipment installed on alternative vehicles not identified on the Agency's list, it will propose those vehicles and provide details on the vehicles and an explanation for the substitution to the Agency. The Agency will determine the final list of vehicles for retrofit and will provide the final list of elected candidate retrofit vehicles to the Fire Department. Step 2, Work Order Development. The Agency's contractor will conduct a site visit to evaluate the candidate vehicles for the proposed installations. The Fire Department will cooperate with the contractor to schedule the site visit and will make needed Fire Department personnel available for the site visit. The Agency's contractor will work with the Fire Department mechanics to determine the best retrofit options and installation approach for each candidate vehicle. The Agency's contractor will prepare a work order for approval by both the Agency and the Fire Department listing the parts needed for each retrofit, the estimated time to do the installation, and the total cost for each installation. The work order will also include any specific installation instructions requested by the Fire Department. It is anticipated that the system installation will need to be tailored to each vehicle. Following the equipment evaluation and generation of work order(s), if significant additional costs are identified, the Agency may elect to substitute candidate vehicles or reduce the total number of idle-reduction systems to be installed on the Fire Department's fleet. Upon any changes, the Agency will provide to the Fire Department an amended Final list of elected candidate retrofit vehicles to the Fire Department. Step 3, Installations of Retrofits. Once the Agency and Fire Department approve the work order, the Agency's contractor will work with the Fire Department to schedule the installation of the equipment on the Fire Department's vehicles at a mutually agreeable date and time. The Fire Department will be responsible for delivering the vehicles to the Agency contractor's site where the retrofits will be installed and for retrieving the units when the installations are completed. The Fire Department must be able to leave each vehicle with the Agency's contractor for a period of time estimated in the work order. The Agency is not responsible for delays associated with the installation. Page 2 Interlocal Agreement No. 2015-072 Step 4, Training and Warranty Requirements. In order to ensure the anti-idle technologies are properly used and maintained, the contractor will provide mechanic and operator training to the Fire Department. The Fire Department is required to participate in one mechanic training. The Fire Department may attend additional mechanic training sessions that are offered to other Fire Departments who participate in the grant, as desired. The Agency's contractor will provide operator training to the Fire Department representative(s) that pick up the vehicles from the contractor after the retrofits are installed. The Fire Department will submit any warranty claims to the Agency's contractor. The Agency will not be directly involved in any warranty claims, but will provide support in resolving any issues or concerns that the Fire Department might have. Step 5, Reporting. The Fire Department will report to the Agency on the success of the retrofit quarterly for two years after the completed retrofits using the reporting form provided by the Agency. 3. Agency Responsibilities The Agency will be responsible for administering the program and working with both its Agency's contractor and the Fire Department. The Agency's responsibilities under the Idle- Reduction Program are as follows: Task 1: Secure a Third-Party Contractor. The Agency, with input from several participating fire departments, will select and enter into an agreement with a third-party contractor to procure and install idle-reduction equipment on emergency vehicles operated by the Fire Department. The agreement will include training and warranty requirements. Task 2: Provide a list of candidate vehicles for retrofit. The Agency will review the grant submittal the Fire Department made to Department of Ecology and generate a list of candidate vehicles to be retrofitted. The selection process is described in Step 1 of Section 2, Process for Selecting and Installing Idle-Reduction Technologies. Task 3: Review and Approve Agency Contractor's Work Orders. The Agency will review and approve work orders generated by the Agency's contractor. If both the Agency and the Fire Department approve the work orders, the Agency will give the Agency's contractor approval to purchase and install the idle-reduction equipment. Task 4: Compensate Agency's Contractor for Completed Installations. The Agency will pay the Agency's contractor upon the completion of the installations and the Fire Department's acceptance of the installations. Task 5: Provide Support to the Fire Department as Needed. The Agency will, to the best of its ability, attempt to resolve any deficiencies identified by the Fire Department with the equipment or installation furnished by the contractor, except warranty claims, provided that the deficiencies are not a result of omissions by the Fire Department during the work order review approval. The Agency will have no responsibility for any claims related to warranties provided by the third-party contractor to the Fire Department and will have no responsibility for the adequacy, fitness or operation of any retrofit equipment or installation. Page 3 Interlocal Agreement No. 2015-072 Task 6: Collect Fire Department Reports..The Agency will collect quarterly reports from the Fire Department detailing the idle-reduction equipment use and fuel displacement associated with the installation. 4. Fire Department Responsibilities Task 1: Vehicle Review. The Fire Department will review the candidate vehicle list provided to it by the Agency and will provide feedback to the Agency regarding which vehicles the Fire Department wants to retrofit. Should the Fire Department wish to have idle- reduction equipment installed on alternative vehicles not on the candidate vehicle list, it will propose those vehicles and provide details on the vehicles and an explanation for the substitutions to the Agency. The Fire Department will cooperate with the Agency's third- party contractor to schedule a time for a site visit by the third-party contractor to review the candidate vehicles. If the vehicles scheduled to be reviewed will not be available at the specified time, the Fire Department will notify the third-party contractor as soon as possible and will suggest alternative mutually convenient times for the third- party contractor to conduct the site visit. During the vehicle review site visit, the Fire Department will discuss idle-reduction technologies and installation approaches for each vehicle with the third-party contractor. The Fire Department will disclose to the Agency any vehicles on the final list of elected candidate retrofit vehicles that the Fire Department might sell or retire within the next two years. Task 2: Work Order Review. The Fire Department will review the work order provided by the Agency's contractor to make sure it reflects the retrofit expectations of the Fire Department and includes any specific installations instructions from the Fire Department. Once the work order meets the Fire Department's expectations, the Fire Department will notify the Agency in email or writing that it approves the work order. Task 3: Deliver and Retrieve Vehicles for Retrofits to be Installed. Once the Agency has notified the Agency's contractor to proceed based on an approved work order, the Agency's contractor will contact the Fire Department to schedule a date for one or more vehicles to be retrofitted at the contractor's worksite. The Fire Department will be responsible for delivering and retrieving the vehicles from the Agency's contractor's worksite. Task 4: Review and Accept Retrofit. Upon retrieving the retrofitted vehicles, the Fire Department will inspect the installations and accept or contest each installation. When satisfied with each installation the Fire Department will sign off on the work order and provide it to the Agency's contractor. Task 5: Participate in Training. The Agency's contractor will schedule and provide a mechanic maintenance training session for the Fire Department to coincide with the return of the first completed fire engine. The session can take place at the Fire Department or the Agency's contractor's facility. The Fire Department will make alternative arrangements with the contractor if it would like to have the training conducted at another time. Only one mechanic maintenance training session will be provided specifically for the Fire Department by the Agency's contractor and the Fire Department must participate in one mechanic maintenance training session. Alternatively, the Fire Department may attend a mechanic Page 4 Interlocal Agreement No. 2015-072 maintenance training session held by the contractor for another participating fire department if desired. Operator training will be provided by the contractor to the Fire Department representative(s) that picks up a retrofitted vehicle when the vehicle is picked up from the contractor. The Fire Department will ensure that the instructions provided by the contractor to the Fire Department representative(s) are shared with all relevant equipment operators and maintenance mechanics at the Fire Department. Task 6: Submit Warranty Claims to Agency's Contractor. The Fire Department will work directly with the Agency's third-party contractor to address any warranty claims related to the adequacy, fitness or operation of the equipment installed pursuant to this Agreement. Task 7: Operate Retrofitted Vehicles in the State of Washington for Two Years. A. Sales, Transfers, or Retirements of Retrofitted Vehicles. The Fire Department will keep and operate all vehicles retrofitted pursuant to this Agreement solely within the State of Washington for at least two years from the date of retrofit installation. If the Fire Department plans to sell or relocate any vehicle retrofitted under this Agreement prior to the expiration of the two-year period, the Fire Department will notify the Agency Project Manager and follow the procedures below, depending on the final destination of the retrofitted vehicle: l) In-State Sales or Transfers. If the Fire Department wants to sell or transfer a vehicle retrofitted under this Agreement to another fire department within Washington State prior to the end of the two-year term, the Fire Department will notify the Agency Project Manager in advance in writing prior to selling or transferring any retrofitted vehicles. The written notification must include the following information: the identification of the vehicle by Vehicle Identification Number (VIN) or equipment ID; the date the idle-reduction technology was installed; the model/engine year of the vehicle; the desired new location of the vehicle; and the intended date of relocation. 2) Out-of-State Sales or Transfers. If the Fire Department wants to sell or transfer a vehicle retrofitted under this Agreement to an entity outside of Washington State prior to the end of the two-year term, the Fire Department will notify the Agency Project Manager in advance of the sale and transfer in writing and propose a compensation option to compensate the Agency for the installation of the retrofit equipment on the vehicle(s) the Fire Department wishes to sell or transfer. The written proposal must include the following information: the identification of the vehicle by Vehicle Identification Number (VIN) or equipment ID; the date the idle- reduction technology was installed; the model/engine year of the vehicle; the desired new location of the vehicle, and the intended date of relocation. Potential compensation options may include removing the idle-reduction technology and installing it on another vehicle operating within Washington State or investing a prorated portion of the equipment and installation cost of the idle-reduction technology in other particulate emission-reduction projects within Washington State. The Fire Department may propose another compensation option for Agency approval. If the Fire Department choses to re-install the idle- reduction technology on another vehicle in Washington State, the Fire Department will be liable for the expense or labor associated with re-installing the idle- reduction technology. The Agency must approve the repayment option in writing. Page 5 Interlocal Agreement No. 2015-072 B. Retiring of Retrofitted Vehicles. If the Fire Department retires or scraps a vehicle that has been equipped with idle-reduction technology under this Agreement prior to the end of the two-year term, the Fire Department agrees to first remove and re- install the idle- reduction technology on another vehicle within Washington State to the extent practicable. The Fire Department will be responsible for the expense or labor associated with re-installing the idle-reduction technology. Task 8: Report. Upon completion of the first vehicle retrofit, the Fire Department will begin submitting quarterly reports to the Agency on the idle-reduction technology. The Fire Department will track the hours of operation of the idle-reduction technology, and the associated fuel savings to the best of its ability. Deliverable for Task 8: Using an Agency-supplied form provided in Attachment A and incorporated herein by reference, the Fire Department will submit electronic reports for two years following the first installation of idle-reduction Due dates for Task 8: April 15, 2015; July 15, 2015; October 15, 2015; January 15, 2016; April 15, 2016; July 15, 2016; October 15, 2016: January 15, 2017; and April 15, 2017. 5. Ownership of Equipment. The Fire Department shall own all equipment furnished under this Agreement, subject to the terms of this Agreement. 6. Term. The effective date of this Agreement is the date of the final signature of this Agreement. The termination date of this Agreement is April 30,2017. 7. Communications. The following persons will be the contact persons for all communications regarding the performance of this Agreement. Fire Department Agency Jim Orton Project Manager: Elizabeth Gilpin City of Bremerton Public Works Puget Sound Clean Air Agency Operations Manager 911 Park Avenue 1904 Third Avenue, Suite 105 Bremerton,WA 98337 Seattle,WA 98101 Phone: 360-473-5359 Phone:206-68 9-4026 Fax: 360-473-5397 Fax: (206) 343-7522 E-mail address: E-mail address: Jim.orton a-ci.bremerton.wa.us elizabethg@pscleanair.org pscleanair.org 8. Changes. The parties may, from time to time, require changes in this Agreement. The parties will mutually agree to the changes by written amendment to this Agreement. 9. Early Termination. Either party may terminate this Agreement at any time with or without cause by giving a thirty-day (30-day) written notice of such termination and by specifying the effective date of the termination; provided that the termination will be preceded. by. a. face-to-face meeting between the Fire Department and the Agency. Upon Page 6 Interlocal Agreement No. 2015-072 termination of this Agreement, the Agency, in addition to any other rights provided in this Agreement, may require Fire Department to deliver to the Agency any property specifically produced or acquired for the performance of such part of this Agreement as has been terminated. 10. Assignment. The work performed under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party, in whole or in part, without the express prior written consent of the other party. 11. Indemnification. Each party to this agreement will be responsible for its own acts and/or omissions and those of its officers, employees and agents. No party to this agreement will be responsible for the acts and/or omissions of entities or individuals not a party to this agreement. 12. Limitation of liability. The Fire Department acknowledges that participation in this Agreement is voluntary and the use and maintenance of the idle-reduction technologies installed by the third-party contractor on vehicles operated by the Fire Department is the sole responsibility of the Fire Department. The Agency will not be liable for any equipment failures, issues or limitations that result from the installation or operation of the idle-reduction technology installed pursuant to this Agreement. The Fire Department will be the warranty holder for any equipment and installation provided by this Agreement. 13. Compliance with All Laws and Regulations. The parties will comply with all applicable local, state, and federal laws, regulations and standards necessary for the performance of this Agreement. 14. Third-Party Beneficiary. Pursuant to Grant No. G1300047, the State of Washington is an express third-party beneficiary to this Agreement with full rights as such. 15. Cooperation with Inspections. Pursuant to Grant No. G1300047, the Fire Department shall make all equipment furnished under this agreement available for inspection by any authorized state, federal, or local representative through April 30, 2017. (This Area Intentionally Left Blank) Page 7 Interlocal Agreement No. 2015-072 This Agreement is executed by the persons signing below, who warrant they have the authority to execute this Agreement. PUGET SOUND CLEAN AIR AGENCY City of Bremerton By: By: Craig Kenworthy Patty Lent Executive Director Mayor Date: Date: Approved as to Form: By: Laurie Halvorson Director of Compliance and Legal Date: Interlocal Shore Form Fonn No. 61-201 (Rev 111/12/2010)jd Page 8 ' " From: Lori Smith on behalf of City Council Sent: Thursday, February 12, 2015 4:05 PM To: City Council Subject: FW: Response to Questions on Item 7M -Idle Reduction Grant Q&A (Eric Younger) Attn: Council Members(FYI) From: Jim Orton Sent: Thursday, February 12, 2015 1:52 PM To: Chal Martin Cc: Milenka Hawkins-Bates; Al Duke Subject: FW: Questions City of Bremerton Interlocal Agreement 2015-072-0 Here are some of the answers for Mr. Younger. I am still working on what we (the city) assumes to be our results (projected of course). Jim Orton Public Works Ops Manager City of Bremerton (360)473-5359 Jim.orton@ci.bremerton.wa.us From: Elizabeth Gilpin [mailto:ElizabethG@pscleanair.org] Sent: Thursday, February 12, 2015 1:40 PM To: Jim Orton Cc: Beth Carper Subject: RE: Questions City of Bremerton Interlocal Agreement 2015-072-0 Hi Jim; Thanks for your great questions! I'll do my best to answer them: 1) The cost(labor and equipment)to equip an aid car with idle-reduction equipment is$8,435. We plan to retrofit 4 or your aid cars at a total cost of$33,740 2) The result of the idle-reduction installation on aid cars is the elimination of diesel pollution when vehicles are idling at the scene, less noise, a healthier environment for the patients and the aid workers, and fuel savings that includes a reduction in greenhouse gases 3) 1 can give you an idea of the average use of an aid car participating in our program since inception. The average use per month on a retrofitted aid car in idle-mode is 14 hours per month. At a fuel savings of 0.6 gall/hr.the fuel saved would be 8.4 gallons per month * 4 aid cars for a total of 33.6 gallons per month of diesel fuel. At 22.3 Ib. of CO2 per gallon of fuel saved,the CO2 reduction would be 749 lbs. per month. 4) The cost to the City of Bremerton for the equipment is nothing. The grant pays for the equipment and the labor to install it. I have asked Cummins NW to let me know the life of the battery operated idle-reduction equipment and any maintenance it requires after installation. 5) Please find a list of Fire Districts participating in the Emergency Vehicles Idle Reduction program below. Feel free to contact any or all of the Fire Departments on the list. Bainbridge Island Fire Department Thom Ritter tritterCa@bifd.ore Central Kitsap Fire and Rescue 1. Paul Anderson 2. Joe 1. panderson@ckfr.org Eberle ieberle@ckfr.org City of Kent Fire District#1 (RFA) Mark Jones miones@kentfire.org City of Tacoma Fire Dept. Assistant Fire Chief: Roger red inpto@cityoftacom Edington East Pierce Fire and Rescue James Jaques iiaoues@eastgierce.ori King County Fire District#10, D.B.A "Eastside Fire & Kelly Refvem krefvem@esf-r.org Rescue" North County Regional Fire Authority Scott Johnston, for reports: siohnston@ncrfa.net Andy Helms: ahelms .ncrfa.net Pierce Co. Fire#5 (Gig Harbor) Mike Smith msmithC@piercefire.oa Pierce Co. Fire No. 21 (Graham) Steve Richards srichards@grahamfire. Pierce Co. Fire No. 3 (West Pierce) Steve Hodge steve.hodee@westpiei Pierce County Fire District#16 (Key Peninsula) Mike Smith msmith@piercefire.orj Pierce County Fire Protection District#1-7 'D-.-B--A—South Fire Chief Bob Vellias bvellias@sgfr.ors Pierce Fire and Rescue Poulsbo Fire Dept. (Kitsap Fire District 18) Brett Annear bannear@poulsbofire.� Snohomish County Fire District#17 (Granite Falls) James Haverfield iim.haverfield@effd14; Snohomish County Fire District#19 Keith Strotz kstrotz@firedistrict19.- Snohomish County Fire District#25 (Oso) Assistant Fire Chief: Toby ac37@osofire.com HydeSnohomish Fire District 7 Eric Andrews eandrews@snofire7.or South Kitsap Fire & Rescue Tim Johnson tiohnson@skfr.ore Valley Regional Fire Authority -` _- --- Tim Day. For Reports: Dave tim.dav@vrfa.ore Larberg, dave.larbergCaD-vrfa.org. Brad Thompson, Captain Planning Section, Valley Regional Fire Authority 2905 C St SW Auburn WA 98001 253-288-5863 desk 253-261-2868 cell 2 City of Dupont Fire Department Larry Creekmore Icreekmore@dupontw Pierce County Fire District 27 James Bixler Fire Chief ibixler@pcfd27.com Pierce County Fire District 13 Cliff McCollum Fire Chief cmccbllum@piercefire: Sincerely, Elizabeth Gilpin Air Resource Specialist Puget Sound Clean Air Agency 206-689-4026 elizabethg@pscleanair.org From: Jim Orton [mailto:Jim.Orton(a)ci.bremerton.wa.us] Sent: Thursday, February 12, 2015 9:15 AM To: Elizabeth Gilpin Subject: questions Elizabeth, Some questions came up last night during council 1) How much is the value of this idle reduction equipment per install? 2) What is the anticipated result of these? 3) What cost savings are anticipated and how much will it reduce a "carbon foot print" 4) What is the anticipated cost to the city over the lifetime of this equipment? How long is the assumed lifecycle? This system has been installed on many pieces of equipment and what are the average results? Is there a list of local area jurisdictions that have these installed in the same configuration? Jim Orton Public Works Ops Manager City of Bremerton (360)473-5359 Jim.orton@ci.bremerton.wa.us 3 AGENDA BILL CITY OF BREMERTON 74 CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeei SUBJECT: Professional Services Study Session Date: 2/11/15 Agreement for sediment sampling and COUNCIL MEETING Date: 2/19/15 analysis and the CSO Post Construction Department: PW&U/WWTP Monitoring Report Presenter: Pat Coxon Phone: 473-5448 SUMMARY: We are required by our current Wastewater NPDES Permit to conduct sediment sampling of our two plant discharge outfalls as well as four CSO outfalls. Once the sampling and analysis has been completed, we are also required to submit a completed CSO Post Construction Monitoring Report to the WA Department of Ecology (DOE) and to the Department of Natural Resources (DNR). Cosmopolitan Marine Engineering completed the required CSO Post Construction Monitoring Plan (PCMP) & Sediment Sampling &Analysis Plan (SSAP) in 2014. Since this is an extension of that work, and they are familiar with all of the sampling sites, and they have the ability to dive the outfalls, I had them submit a cost proposal for this work. The submitted cost proposal for the "Scope of Work" is $113,778, of which 59% of the cost is in the sampling and analysis that is required by DOE. ATTACHMENTS: Professional Services Agreement and Scope of Work. FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through 535.8032.54110, which has a budget of$250,000. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement and Scope of Work with Cosmopolitan Marine Engineering and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PROFESSIONAL SERVICES AGREEMENT Sediment Sampling and Analysis & CSO Post Construction Monitoring Report The City of Bremerton ("City") and Cosmopolitan Marine Engineering ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 18, 2014, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit A; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $113,778. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at(360)473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 3456 1h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 3 of 7 or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Gig Harbor, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 4 of 7 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Gig Harbor, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral,that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. - Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Pat J Coxon Cosmopolitan Marine Engineering-Bill Fox, P.E. 1600 Oyster Bay Ave. S P.O. Box 623 Bremerton,WA 98312 Gig Harbor, WA 98335 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 5 of 7 N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terns of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination,the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 6 of 7 X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement,that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: Patty Lent By: William P. Fox, P.E. its: Mayor, City of Bremerton its: Principal Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R:',Legal`••.Legal••,contracts,FORMSU'rofessional Services Agreement Form(2014)doe Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 7 of 7 City of Bremerton Sediment Sampling and Analysis and CSO Post Construction Monitoring Report Scope of Work, Schedule, and Cost Proposal ;Introduction/Purpose _ The City of Bremerton operates wastewater conveyance and treatment facilities that include CSO and treated wastewater discharges to Sinclair Inlet, Port Washington Narrows and Dyes Inlet. NPDES Permit No. WA0029289 issued to the City on June 21, 2013 includes the following requirements: • S 10.A requires a Sediment Sampling and Analysis Plan(SSAP)to be submitted to Ecology by October 1, 2014 for review and approval. Following Ecology approval of the Plan, which was received November 14, 2014, S10.B requires the City to implement the plan and submit the results with the next permit renewal application February 1, 2018. • S 11.D.d requires a CSO Post Construction Monitoring Plan (PCMP)to be submitted to Ecology by October 1, 2014 for review and approval, which was also received November 14, 2014. S11.D.e requires the Post Construction Monitoring Report be submitted with the next permit renewal application February 1, 2018. The purpose of the scope of work described herein is to satisfy in full the requirements of the two NPDES Permit studies and report submittals described above, in accordance with the approved plans. The sediment monitoring study plan has also been reviewed by Department of Natural Resources (DNR) for proposed aquatic lands easements for the outfalls. The sediment monitoring results report will be submitted to DNR. ------_...... . ;Task 1 —Field Sampling_Mobilization Schedule: Prior to field sampling in 2015 Approach: • Laboratory coordination to obtain appropriate containers and communicate the scheduling of the analyses needed from the associated laboratories. • Obtaining, preparation, and cleaning field equipment needed in sampling event. • Coordination and mobilization of research vessel and sampling equipment contractor. Cnv of Bremerton 1 SSAP and PCMP Proposal February 18,2014 Task 2 - Field Sampling - - - -- - -- -.; Schedule: Summer-Fall of 2015 Purpose: The extent of this task is to collect sediment samples for all nineteen required sampling locations specified in the approved SSAP. Enough sediment will be collected for analyses of the 47 Sediment Management Standards chemicals, dioxin and furan, and conventional sediment variables. Approach: • Sediment samples will be collected at nineteen locations listed in the approved SSAP. • Discrete sampling of sediments to be performed by CME. Vessel support will also be provided by CME. • The primary method of sample collection will be by Ponar 0.05 m-' sampler. • There is a potential for hard sediments to preclude sampling by the Ponar grab. The contingency plan will be for a diver to retrieve sediment samples by hand. • Field sampling includes sampling sediments for the chemical analysis only(no bioassays). • Samples for chemical analyses will be shipped to ALS Environmental in Kelso. Task 3 -Laboratory Analyses Schedule: Draft results 4 weeks following Field Sampling Purpose: To measure chemical concentration results and ensure that quality control is being used for laboratory analyses. The results from the 47 SMS chemicals will be examined in order to assess compliance with the SMS chemicals. Approach: • Nineteen sediment samples will have the 47 SMS chemicals, dioxin and furan, and conventional sediment variable analyses. • CME will analyze the laboratory findings to determine if sediment samples exceed any of the 47 SMS chemicals or published dioxin action levels. • Cosmopolitan Engineering Group will communicate with laboratories that tests are run though established QA/QC procedures. Gm of Bremerton 3 SSAP and PCMP Proposal February 18,2014 Assumptions: • ALS Environmental is the anticipated lab that will be contracted for this work. • Sediment bioassays will not be required. ;Task 4 — Sediment Monitoring Report Schedule: Approximately one month after receipt of the laboratory results Purpose: To define sediment quality based on the chemistry laboratory data, and analyze and present conclusions. Approach: • Discuss background, previous sampling, and the field study. • Present all field and laboratory monitoring compliance. • Present formatted tables and results of the chemical analysis. • Present all initial, field and laboratory sediment monitoring compliance with SSAP protocols. • Present conclusion of the sediment chemistry analysis (i.e., whether the SMS criteria in WAC 173,204 are met). • Present the results of the conventional sediment results plus dioxin and furan. • Discuss potential for background sediment contamination. • If there are contamination issues, discuss other sources and recommendations. • Input the results into Ecology's Environmental Information Management System (EIM) database. Deliverables: • Draft sediment study report for Bremerton review in electronic format. • Draft sediment study report for DNR and Ecology in electronic format. • Submission of the results into Ecology's EIM database. • 2 hard copies of stamped and signed final report(including electronic format). Cnty of Bremerton 3 SSAP and PCMP Proposal February 18.2014 Task 5 —Post Construction Monitoring Report Schedule: Following completion of the Sediment Monitoring Report and prior to submission of the NPDES permit renewal October 1, 2018 Purpose: To assess CSO program effectiveness as specified in the approved PCMP. Assumptions: • City of Bremerton will conduct monitoring of treated and untreated CSO events as specified in Section 3.1 and 3.2.1 of the approved PCMP, including preparation of Annual CSO reports and NPDES DMR submittals. • This scope of work will satisfy the ambient monitoring assessments and studies specified in Section 3.2.2 pf the approved PCMP. Approach: • Assemble available ambient water quality data from existing sources. • Verify existing mixing zone study for the East Plant as cited in the NPDES Permit Fact Sheet, and update dilution factors as necessary. • Conduct"reasonable potential analysis" for East Plant based on effluent data from DMRs and CSO Annual Reports, and available ambient water quality data. • Present summary of sediment sampling results and conclusions. • Provide conclusory statements regarding compliance or non-compliance with PCMP requirements Deliverables: • Draft Post Construction Monitoring report for Bremerton review in electronic format. • Draft report for Ecology in electronic format. • 2 hard copies of stamped and signed final report(including electronic format). Ch,of Bremerton 4 SSAP and PCMP Proposal February/8,2014 Cost Proposal This proposal is based on lump sum costs per task according to the following schedule: Task Description Cost 1. Field Sampling Mobilization $8,571 2. Field Sampling $22,240 3. Laboratory Analyses $35,853 4. Sediment Monitoring Report $19,284 5. Post Construction Monitoring Report $27,830 Project Total $113,778 Oh,of Bremerton 5 SSAP and PCMP Proposal February 18,2014 AGENDA BILL 470 CITY OF BREMERTON CITY COUNCIL ■seeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeee SUBJECT: Mechanical Upgrades to the Study Session Date: February 11, 2015 Centrisys Centrifuge at the Westside WWTP COUNCIL MEETING Date: February 19, 2015 Department: PW&U/WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: The Centrisys Centrifuge has been in continual operation for the past 7 years, processing liquid biosolids into cake biosolids. Staff have noted through their daily operations and weekly PMs that the centrifuge has gradually lost efficiencies in processing the liquid biosolids. Before the centrifuge has a catastrophic failure due to mechanical inefficiencies, we propose to have it mechanically upgraded back to OEM specifications by the Centrisys Corporation. The cost proposal for the mechanical upgrades to the Centrisys Centrifuge is $67,000 (including tax &freight). ATTACHMENTS: 1) Quotation from Centrisys Corporation. FISCAL IMPACTS (Include Budgeted Amount): The mechanical upgrades to the Centrisys Centrifuge are budgeted through the Capital WWTP & Pump Station Improvement Program as Major Maintenance, and it has a budget of$350,000. The total cost for the mechanical upgrades to the Centrisys Centrifuge is $67,000 (includes tax &freight). BARS# 535.50325 STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the mechanical upgrades to the Centrisys Centrifuge from the Centrisys Corporation in the amount of$67,000, including tax and freight, and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Send to: Rick Zimburean Date: 0 1-07-15 MWsLmcentr' 1;ck.zli rik.rimburean(«;ci.bremerton.wa r VN rA!F1/n G V V 9 T r I =7US FaxNr: 360-473-545.5 Repair Estimate of CS21-4 Centrifuge — Rev 2 For City of Bremerton Opp # 05199 Attn: Rick Zimburean City of Bremerton 1600 Oyster Bay Ave S Bremerton, WA 98312 01-07-15 W 1 .-8. C Oa ,.N S I N M A U.1-.1-A CT.LJ,LJ RE y; 825 Performance Drive Y E A R Stockton,CA 95206 Phone: (877) 339-5496 Fax: (209) 983-0888 www.centrisys.us An ISO 9001:2008 Company info@centrisys.us ffWcentris r:Era-Tpa 6U(IE V,Vs$ p Estimate is based on basic repairs and for budgetary purposes. Once machine is received in our shop we will complete a thorough inspection and an accurate estimate. 1. CENTRIFUGE REPAIR PRICING MINOR 1. Dismantle, clean and inspect 2. Precision measure all fits and tolerance within .0001" 3. Provide report with digital pictures 4. Check run-out on all components 5. Crack check headwalls 6. Replace damaged hardware 7. Replace bearings and seals 8. Hi-speed balance bowl 9. Hi-speed balance scroll 10. Reassemble Parts for Repair: ....................................................... $6,100.00 Laborfor Repair: ...................................................... $ 11,800.00 Repair of centrifuge: .................................................. $ 17,900.00 2. CENTRIFUGE REPAIR PRICING - MAJOR REPAIR 1. Dismantle, clean and inspect 2. Precision measure all fits and tolerance within .0001" 3. Provide report with digital pictures 4. Check run-out on all components 5. Crack check headwalls 6. Replace damaged hardware 7. Replace bearings and seals 8. Replace worn/missing tiles (up to 250 tiles) 9. Replace all discharge bowl nozzles 10. Replace all feed scroll nozzles 11. Replace labyrinth rings 12. Repair flights 13. Repair feedchamber wear 14. Replace idler shaft 15. Balance bowl 16. Balance scroll 17. Reassemble Partsfor Repair: ....................................................... $ 16,900.00 Labor for Repair: ...................................................... $ 23,050.00 Repair of centrifuge: .................................................. $ 39,950.00 F-7.5.1-008-02 Page 2 of 3 centra crvvi-P.,Fun.E ^Ysxr.td ii 3. BACKDRIVE REPAIR - MINOR 1. Dismantle, clean and inspect 2. Replace bearings and seals 3. Reassemble 4. Test Parts for Repair: ........................................................ $ 1,900.00 Labor for Repair: ........................................................ $ 2,185.00 Repair of Backdrive : .................................................. $4,085.00 4. BACKDRIVE REPAIR - MAJOR 1. Dismantle, clean and inspect 2. Replace bearings and seals 3. Replace transfer seal 4. Replace cam 5. Replace rotor 6. Reassemble 7. Test Parts for Repair: ....................................................... $ 16,750.00 Labor for Repair: ...................................................... $ 2,400.00 Repair of Backdrive: .................................................. $ 19,150.00 5. TERMS: Terms: Net 30 Delivery: 3-5 (three to five)weeks from arrival in our shop (ARO) FOB: Stockton,CA Warranty: 6 (six) months on repaired/replaced parts Quote valid for 30 days. Centrisys reservcs the right to adjust this estimate. If you have any questions please give us a call. 209-983-0800 F-7.5.1-008-02 Page 3 of 3 AGENDA BILL 7P CITY OF BREMERTON CITY COUNCIL SUBJECT: Mechanical Upgrades to the Study Session Date: 02/11/15 Parkson Influent Screens#1 & 2 at the COUNCIL MEETING Date: 02/19/15 Westside WWTP Department: PW&U/WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: The two Parkson Influent Screens at the Westside WWTP are in need of critical mechanical upgrades. These two screens serve to remove debris from the influent wastewater so that they do not cause damage to equipment downstream of the screens. We have received a quote from Parkson Corporation to conduct these upgrades at the WWTP in the amount of$132,680 (includes sales tax &freight). ATTACHMENTS: 1) Quotation from Parkson Corporation FISCAL IMPACTS (Include Budgeted Amount): The Influent Screens Upgrade is budgeted through the Wastewater Capital Program and has a budget of$100,000. The total cost for the Influent Screens Upgrade is $150,000, and the budget will be supplemented through the Capital Program. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the mechanical upgrades to Influent Screen #1 & 2 from the Parkson Corporation in the amount of$132,680, including tax and freight, and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 li Par s or Treating Water Right Page 1 Quotation NUMBER: B02010661 Rev 1 DATE: January 2, 2015 T0: City of Bremerton, WA REF.: Project Name: City of Bremerton 1600 Oyster Bay Ave. S. Project Location: Bremerton, WA Bremerton,WA 98312 Original Serial #: AG-1684 Attn: Rick Zimburean Rebuild #: B02010661 Tel: 360-471-5168 Fax: 360-473-5455 E-Mail: rick.zimburean@ci.bremerton.wa.us Parkson Corporation proposes the reconditioning of your existing Aqua Guard® Continuous Self- Cleaning Bar/Filter Screen and is pleased to provide this Rebuild/Retrofit Quotation for the following: ITEM 1 AQUA GUARD SELF-CLEANING BAR/FILTER SCREEN # Existing Units: 3 Unit#: (2) RH & (1) LH Model: AG-MN-A 1.A Existing Equipment: Description Screen Width: 2 ft. 10 1/2 in. Solids Discharge Height: 11 ft. [as measured from the bottom of the channel to the discharge point] Screen Angle: 759 Screen Opening: 15 mm Application / Industry: Municipal Materials of Construction Elements: high impact polycarbonate alloy Frame: 304 SS Conveyor Chain: 304/410 Filter Element Shafts: 304 SS Side Plate: 304 SS Rev Date 1/20/14 www.parkson.com technologv@parkson.com AF-010 Rev 4 QUOTATION NO. 802010661 Rev 1,Page 2 1.B The following parts are recommended for replacement on one (1) unit. If both units are rebuilt, multiply qty's by two.: AG-1684 Bremerton,WA AG-MN-A, 2' 10-1/2"x 11' DH,75*,15mm,304SS i Item Description Item Number Quantity Screen Assembly * 1 Front Seal Brush Set ** 1 Upper Guide Rails,AS/OH, 304SS 1001684/1001687 2 Guide Rail Assembly,AS/OH, 304SS Custom 2 Lower Guide Rails„ 304SS 1003309 2 j Lower Guide Rail Mtg. Spacers,304SS 1000123 4 Filler Plates, 304ss 1000115 2 Side Seals, Neoprene 1002647 2 i Flange Bearing 0000266 1 Flange Bearing 0000264 2 Pillow Block Bearing 0000265 2 Misc. Hardware Custom 1 Lot i Nameplates& Labels 3027-087/1) 1 Nameplates& Labels 3824-002/1) 1 Nameplates& Labels 3824-065/1) 2 Screen Assembly Components Filter Shafts, 304SS 1292-042-005/4 96 Elements, 15mm 1000745 1764 Side Plates 1000737 192 Conveyor Chain, 304/41 OSS 1001879 192 i Snap Rings 0000034 192 Washers 1000740 192 Front Seal Assembly Components ** Brush, 2"x 28.25 " 0002962 1 L Brush, 3"x 28.25 " 0000453 1 AF-010 Rev 4 QUOTATION NO. 802010661 Rev 1,Page 3 ITEM 2 OFFERINGS- PURCHASE PRICE 2.A Parkson Certified Rebuild On-site with OEM Parts & Technicians(Two Units) ......................................................................................................$122,060 USD 1. To ensure work site safety, customer/owner is responsible for tilting the unit from the channel, placing unit in a level position, thoroughly cleaning and disinfecting the unit and reinstalling unit in channel. 2. All parts listed in [1 B] above. 3. Parts will be shipped F.O.B. Factory, freight included to jobsite. 4. Removal and reinstallation of the unit in the channel is excluded. 5. Work performed by Parkson authorized field technicians, who will test run equipment at completion of rebuild. 6. Taxes excluded. Rebuild/ Start-Up Assistance- Included Parkson will furnish one certified crew as required to rebuild units, provide start-up and operator training. Dates of service to be scheduled upon receipt of Buyer's written request. Additional start-up service can be purchased for $1,000 per day plus travel and living expenses. ITEM 3 SCHEDULE, VALIDITY, PAYMENT TERMS 3.A Schedule: ® Submittal Phase not required on this project. ® Parts availability: 8 - 10 weeks following receipt of acceptable written Purchase Order. ® Field/on-site rebuild will be accomplished within 4 weeks after parts are delivered to customer, but in no event later than 90 days. ® Rebuild must be completed within 90 days after parts arrive on-site. Dates are subject to confirmation upon receipt of written Purchase Order. AF-010 Rev 4 QUOTATION NO. B02010661 Rev 1,Page 4 3.13 Validity: ® Price is valid for thirty (30) calendar days from Quotation date, for shipment of Equipment within the timetable stated above. 3.0 Payment Terms: ® 90% net 30 days upon shipment of parts to site, 10% upon rebuild completion, not to exceed 90 days after shipment of parts should rebuild be delayed by other than Parkson. Payment terms for parts only without any factory labor or field service is 100% net 30 days. ITEM 4 WARRANTY, DRAWINGS & MANUALS 4.A Mechanical Warranty: As defined in Section XVI on the attached Standard Conditions of Sale, Parkson offers a one (1) year mechanical warranty for all new parts installed on the Aqua Guard screen by a) on-site certified rebuild or b) on-site supervised, certified rebuild. Installation labor of parts or parts not ordered as part of a rebuild package have a 90 day warranty. 4.13 Drawings and Installation, Operation and Maintenance(IO&M) Manuals: 1. Approval Drawings: Not required 2. Certified Drawings: Not required 3. IO&M Manuals: Not required TERMS AND CONDITIONS: Parkson's Standard Conditions of Sale, as stated on the attached, shall apply. PATENTS: The Equipment and/or process quoted herein may operate under one or more U.S. patents. The Purchase Price includes a one-time royalty payment (if any), which provides the Buyer with immunity to operate the Equipment specified in the Quotation under any applicable patents. AF-010 Rev 4 QUOTATION NO. 802010661 Rev 1,Page 5 BUYER/OWNER RESPONSIBILITY UNLESS OTHERWISE STATED: • Upon disassembly in our shop or on-site if any unforeseen parts or structural repairs are required, Parkson Corporation will notify the customer prior to commencement of any repairs beyond original quoted scope. The costs for these items and any time extension will be added to the scope of work. • Tilting and re-installation of Aqua Guard unit in channel (disassembled from adjoining equipment/electrical/controls). • High pressure wash the unit / removal of all solids. Additional charges and delays will occur if our crew/factory has to send equipment out for cleaning and solids disposal. • Shower water connections and water supply. • Controls / electrical connection and interconnecting wiring removal (including any of the following, but not limited to: E-stop button, solenoids, motors, interlock switches, wiring and conduit from each unit-mounted electrical device to a terminal box or control panel). • Loading, unloading, crating, uncrating and installation of replacement parts. Installation will, at minimum, require a forklift and possibly a crane/hoist. • Readiness of the equipment before requesting [rebuild or start-up] service. Non-readiness may result in additional charges. • Interconnecting piping. • Piping connections, platforms, gratings and railings unless stated otherwise. • Any other auxiliary equipment or service not detailed above. • Dumpster for all old parts [on-site rebuild]. • Redirect channel flow. • Provide clean, dry channel. AF-010 Rev 4 QUOTATION NO. B02010661 Rev 1, Page 6 Please return one signed copy of this quotation and Purchase Order to Parkson Corporation at the address below. Refer to this quotation, date, and related correspondence. Issued By: Ray Coulter Accepted By: (Herein called the Buyer) PARKSON CORPORATION 1401 West Cypress Creek Road, Ste. 100 Fort Lauderdale, FL 33309 Name: Marty Unger Title: Title: Regional Sales Manager Date: Phone: 954-383-1757 E-Mail: munger@parkson.com Fax: 954-252-3775 Date: January 2, 2015 Enclosures: Standard Conditions of Sale, Quotation Addendum Local Rep: Mike Reilly William H. Reilly & Company Phone:502-223-6197 Fax:503-223-0845 E-Mail:mreilly@whreilly.com cc: Louise Dunevant, Michael Hill AG Aqua Guard Rebuild 1/20/14 Supersedes 01/18/13. AF-010 Rev 4 Par ssn Treating Water 0.1ght Quotation Addendum As a result of dramatic cost increases in the cost of both stainless and carbon steel, please be advised that the following provisions shall be strictly enforced pursuant to the Equipment advertised in this Quotation: 1. The Quotation's Purchase Price shall be firm for thirty (30) calendar days unless stated otherwise in the Quotation. Any Purchase Order issued beyond this timeframe may result in a Purchase Price review by Parkson Corporation whereby the Purchase Price may be increased to cover the increases in material costs. This Purchase Price review shall be at Parkson Corporation's sole discretion. 2. For those customers that have requested a firm Purchase Price commitment in excess of thirty (30) calendar days, Parkson has utilized an escalation clause tied to an appropriate commodity index to determine the Purchase Price. 3. All Purchase Orders that have a delivery schedule stretching beyond six (6) months from the time a Purchase Order is placed will be subject to price escalation tied to a proportionate increase in total material costs as a result of either stainless or carbon steel surcharges in effect at the time Parkson Corporation places its orders for any fabricated steel components for the Equipment. Parkson Corporation will notify you of any changes in prices once all orders for said components have been completed. JCG Effective 4127104 1 of 1 AF-010 Rev 3 Par kOoosoo 40n Treating Water Right Standard Conditions of Sale I. GENERAL: All references to Parkson(or any derivative thereof)shall mean Parkson Corporation and all references to Buyer shall mean the customer named in a purchase order, quotation or proposal (collectively referred to herein as "quotation"). All quotations from Parkson shall be considered solicitations of offers and all purchase orders placed by Buyer shall be considered offers,which can only be accepted in writing by Parkson. Buyer shall either sign Parkson's quotation,or in the alternative,issue a non-conflicting purchase order containing necessary information,such as site name,price schedule,type and quantity of product,requested delivery date and delivery instructions. Parkson hereby objects to and rejects any and all additional or different terms proposed by Buyer, whether contained in Buyers request for quotation, purchase order, purchasing or shipping release forms. Notwithstanding any terms or conditions that may be included in Buyer's purchase order form or other communications, Parkson's acceptance is conditional upon Buyer's assent to the terms and conditions set forth herein. It is agreed that sales are made only on the terms and conditions herein and any other terms or conditions shall not become a part of the agreement unless expressly agreed to in writing by Parkson. Parkson's failure to object to any terms or conditions contained in Buyer's purchase order or other communication shall not be deemed to be acceptance of such terms or conditions. These terms and conditions shall be deemed incorporated(as though set forth in full)into any agreement entered into between Parkson and Buyer unless otherwise noted in writing. Parkson reserves the right,without any increase in price,to modify the design and specifications of Parkson products,provided that the modification does not adversely affect the original performance specifications as specified by Parkson or as requested by Buyer. Shipments, deliveries and performance of work shall at all times be subject to the approval of Parkson's Credit Department. Parkson may at any time decline to make any shipment or delivery or perform any work except upon receipt of payment or security or upon terms and conditions satisfactory to Parkson. II. PRICES,TERMS OF PAYMENT&TAXES: (a)PRICES: Unless expressly stated to be firm for a definite period, Parkson's offers are subject to change without notice,and in all cases are subject to withdrawal at any time before acknowledgment by Buyer.Quoted prices are firm for only thirty(30) days. Orders placed after thirty (30) days are subject to price increases in Parkson's sole discretion. Prices on acknowledged orders are firm for the agreed upon delivery time.Customer requests to extend originally agreed upon delivery date(s)will be subject to price escalation.If a price is stated in the quotation,it is based upon shipment of the quantities and quality requested by Buyer and on the basis of Parkson's internal delivery schedule at the time of preparation of said quotation.(b)TERMS OF PAYMENT:Payments against invoices shall be due and payable thirty(30)days from the date of delivery to a carrier, or upon receipt of an invoice from Parkson, whichever first occurs. If in Parkson's opinion, Buyers financial condition does not justify continuation of production or shipment on the terms of payment specified,Parkson may,upon written notice to Buyer,cancel or suspend any outstanding order or part thereof, unless Buyer shall promptly pay for all goods delivered or shall make advance payments to Parkson as it, at its option, shall determine. If Buyer delays shipment for any reason,date of readiness for shipment shall be deemed to be the date of shipment for payment purposes.If Buyer delays manufacture for any reason,a payment shall be made based on purchase price and percentage of completion,with the balance payable in accordance with the terms as stated. If payments are not made in conformance with the terms stated herein,the contract price shall,without prejudice to Parkson's right to immediate payment,be increased by 1%%per month on the unpaid balance,not to exceed the maximum amount permitted by law.If at any time in Parkson's judgment Buyer may be or may become unable or unwilling to meet the terms specified herein,Parkson may require satisfactory assurance or full or partial payment as a condition to commencing,or continuing manufacture,or in advance of shipment. (c)TAXES: Except for the amount,if any,of tax stated in a Parkson quotation,the prices set forth therein are exclusive of any amount for federal,state,local,excise,sales,use, property,in-country,import,VAT or similar taxes or duties. Such prices also exclude permit,license,customs and similar fees levied upon shipment of Parkson products. III. SHIPMENTISTORAGE: (a) SHIPMENT: The anticipated shipment date(s) set forth in the quotation is/are approximate and subject to change. Notwithstanding other limitations set forth by Parkson, Parkson shall not be liable for any delays in shipment which are caused by events beyond the control of Parkson including,but not limited to,delays caused by inaccurate or incomplete data,changes or revisions in the work to be performed,tardy approval of drawings by Buyer, acts of Buyer or Buyer's agent, Force Majeure, accidents, strikes, inability to obtain labor or materials, or delay in transportation. Parkson shall have the right to extend the anticipated shipment date for up to ten(10)business days,for any reason,provided Parkson shall give Buyer written notice of such delay prior to the scheduled shipping date.Buyer's order will be crated for domestic truck shipment and Parkson assumes no responsibility for loss of,or damage to,the equipment following delivery to a carrier,who shall be deemed to be acting as agent for Buyer, and the equipment shall thereafter be at the Buyer's sole risk. It is Parkson's policy to ship its equipment"Bill Collect," and the carrier will mail its invoice(s)directly to Buyers billing address,unless otherwise agreed to in writing.(b)STORAGE:Once Buyer has been notified that its order is ready for shipment,if Buyer requests that the order(in whole or in part)not be shipped until a later date,the equipment will be segregated from other inventory and Buyer shall execute Parkson's Transfer of Title form evidencing transfer of title and transfer of risk of loss from Parkson to Buyer pursuant to Section IV below. In the event that Buyer shall refuse to execute Parkson's Transfer of Title form and/or if the fabricator is unable to withstand storage of the equipment,Parkson shall have the right,at its sole discretion,to transfer the equipment to an intermediate storage facility,all at Buyers cost,whereby transfer of title and risk of loss will be deemed to pass, pursuant to Section IV below,when the products are delivered to the carrier at the factory. All costs associated with shipping the equipment to said storage facility or from said storage facility to the job site(or any other site requested by Buyer)shall be the responsibility of Buyer.Buyer shall reimburse Parkson upon demand for any costs incurred by Parkson in connection with said storage,including without limitation,steps taken to protect the equipment from the elements,transport,storage facility fees,insurance,etc. Any delay in shipment requested or caused by Buyer or its agents will not affect the Terms of Payment above. IV. TITLE&RISK OF LOSS: Parkson's prices are F.O.B.Parkson's Factory and are exclusive of taxes,shipping,handling and insurance.Title to all equipment and risk of loss,deterioration or damage shall pass to Buyer upon delivery to a carrier;except that a security interest in the equipment or any replacement shall remain in Parkson's name,regardless of mode of attachment to realty or other property,until the full purchase price has been received by Parkson.Buyer agrees to do all acts necessary to perfect and maintain said security interest,and to protect Parkson's interest by adequately insuring the products against loss or damage from any external cause,including during any storage or transport,with Parkson named as insured or co-insured. 1 of 4 CNF-010 Rev C—February 2008 Par 54011 Treating Water Rlght Any claim by Buyer against Parkson for shortage or damage occurring prior to delivery must be made in writing within ten(10)calendar days after receipt of shipment and accompanied by an original transportation bill signed by the carrier noting that carrier received goods from Parkson in the condition claimed. Parkson shall have the right to ship all goods at one time or in portions,within the time for shipping provided in such order,unless specifically requested in writing by the Buyer that these shipments be made in total.Any shipments returned to Parkson as a result of Buyer's unexcused delay or failure to accept delivery will require Buyer to pay all additional costs incurred by Parkson,including any storage costs as set forth in Section III above. V. ERECTION: Unless otherwise agreed in writing,products are assembled,installed and/or erected by and at the full expense of Buyer. VI. CANCELLATION&BREACH: Buyer agrees that Parkson products are specially manufactured goods that are not suitable for sale to others in the ordinary course of business. Therefore,purchase orders placed with Parkson cannot be canceled without recourse,nor shipments of goods made up,or in process, be deferred beyond the original shipment dates specified, except with Parkson's written consent and upon terms which shall indemnify Parkson against all loss. In the event of cancellation or the substantial breach of the agreement between Buyer and Parkson,including without limitation, failing to make payment when due, Buyer agrees that Parkson will suffer serious and substantial damage which will be difficult, if not impossible,to measure, both at the time of entering the agreement and as of the time of such cancellation or breach. Therefore, the parties agree that upon such cancellation or breach,the Buyer shall pay to Parkson the sums set forth below which Parkson and Buyer do hereby agree shall constitute agreed and liquidated damages in such event: a. If cancellation or breach shall occur after the acceptance of the purchase order but prior to mailing of general arrangement drawings by Parkson to Buyer,liquidated damages shall be 10%of the selling price. b. If cancellation or breach shall occur within thirty(30)days from the mailing of general arrangement drawings by Parkson to Buyer,the liquidated damages shall be 30%of the selling price. c. If the cancellation or breach occurs after thirty(30)days from the mailing of general arrangement drawings by Parkson to Buyer,but prior to notification that the order is ready for shipment,the liquidated damages shall be the total of 30%of the selling price plus the expenses incurred, cost of material, and reasonable value of the work expended to fill the respective order by Parkson's engineers and other employees, agents and representatives after the mailing of general arrangement drawings by Parkson to Buyer. All sums will be determined at the sole reasonable discretion of Parkson provided,however,that the total liquidated damages under this provision shall not exceed the total selling price. d. If cancellation or breach shall occur after Parkson has notified Buyer that the order is ready for shipment,then the liquidated damages shall be the total selling price. VII. DRAWINGS&SPECIFICATIONS: In the event that drawings are sent to Buyer for approval after an order is placed,the drawings must be returned marked "Approved"or"Approved As Noted"within twenty (20) calendar days after receipt unless otherwise noted. In the event that Buyer's written comments are not given within the twenty(20)day period,Parkson shall deem the items approved. VIII. CORRECTIVE WORK&"BACK CHARGES". In no event shall any work be done,or services or material be purchased or expense otherwise incurred by the Buyer for the account of Parkson until after full and complete particulars(including an estimate of material cost)have been submitted in writing and approved in writing by Parkson. Parkson must be given the opportunity to discuss and research alternative methods to lower the costs involved in such corrective work. Unless agreed-upon in writing by Parkson,Parkson will not be liable for labor costs,overhead,administrative costs, interest or any other consequential or indirect costs Buyer incurs. Returned items will not be accepted unless Parkson has previously agreed to such return in writing and supplied written return-shipping instructions to Buyer. IX. SELECTION OF MATERIALS: Because all Parkson products are specially manufactured products,the material make-up of many of Parkson's products varies from project to project. The determination of the materials'suitability and adaptability(including without limitation,paints and/or coatings) to the specific needs of the Buyer is solely the Buyer's choice and responsibility. X. CONFIDENTIAL INFORMATION & IMPROVEMENTS: The design, construction, application and operation of Parkson's products, services and relevant documentation embody proprietary and confidential information; therefore, Buyer will maintain this information in strict confidence, will not disclose it to others,and will only use this information in connection with the use of the products or to facilitate the provision of services sold by Parkson. Buyer will not copy or reproduce any written or printed materials or drawings furnished to Buyer by Parkson. Buyer agrees to immediately return all confidential material to Parkson if requested in writing by Parkson. Buyer will not copy any information provided by Parkson or make any design drawings of Parkson's equipment and will not permit others to copy or make any design drawings of the equipment. Parkson shall have a royalty-free license to make,use and sell,any changes or improvements in the products invented or suggested by Buyer or its employees. Buyer acknowledges that a remedy at law for any breach or attempted breach of this Section will result in a harm to Parkson for which monetary damages alone will not be adequate. Buyer covenants and agrees that neither it nor any of its affiliates will oppose any demand for specific performance and injunctive and other equitable relief in case of any such breach or attempted breach. Notwithstanding anything to the contrary herein,Parkson may seek enforcement of any breach of this Section without the necessity of complying with the provisions regarding resolution of disputes herein. XI. FIELD SERVICE: Field Service included in the quotation will only be scheduled upon written request and may be subject to credit approval.Should the Buyer have outstanding balances due Parkson,no start-up/field service will be scheduled until such payments are received by Parkson.The Buyer assumes all responsibility for the readiness of the system when it requests start-up service.Should Parkson's Field Service Engineer arrive at the jobsite and determine that the system cannot be started up within a reasonable time,Parkson shall have the option to bring the Field Service Engineer home and bill the Buyer for time, travel and living expenses. Additional field service is available from Parkson at the prevailing per-diem rate at the time of the 2 of 4 CNF-010 Rev C—February 2008 Parrun Treating Water Right request for service plus all travel and living expenses,portal-to-portal.A purchase order or change order will be required prior to scheduling this additional service. XII. LIMITATION OF LIABILITY: Unless expressly agreed to in writing by Parkson, all damages not direct and actual in nature, including without limitation,consequential,incidental,indirect,exemplary and punitive damages,shall be expressly prohibited damages. Such prohibited damages include, but are not limited to,lost rent or revenue;rental payments;costs(increased or not)of administration or supervision;costs or delays suffered by others unable to commence work or provide services as previously scheduled for which a party to this contract may be liable;increased costs of borrowing funds devoted to the project(including interest);delays in selling all or part of the project upon completion;damages caused by reason of Force Majeure or acts of God(with the broadest statutory or court of law definition possible);termination of agreements to lease or buy all or part of the project,whether or not suffered before completion of services or work;forfeited bonds,deposits,or other monetary costs or penalties due to delay of the project;interest for any reason assessed to Buyer; increased taxes (federal, state, local, or intemational)due to delay or recharacterization of the project; lost tax credits or deductions due to delay; impairment of security;attorney and other legal fees for any reason assessed to Buyer, loss of use of the Equipment or any associated Equipment,costs of substitute Equipment,facilities or services,down time costs,claims of customers of Buyer for such other damages;or any other indirect loss arising from the conduct of the parties. Parkson only agrees to responsibility for damages from proven negligent and willful acts of its direct employees only. XIII. APPLICABLE LAWS &GOVERNING LAW: To the best of Parkson's knowledge, Parkson products comply with most laws, regulations and industrial practices;however, Parkson does not accept responsibility for any state,city or other local law not specifically brought to Parkson's attention. For OSHA compliance,(1)Parkson is only liable for those OSHA standards that are in effect as of the date of the quotation,and to the extent they are applicable to the performance of Parkson. (2)Parkson is only responsible for the physical characteristics of the product(s)and not for the circumstances of the use of the product(s). (3)Parkson's liability through any noncompliance to OSHA shall be limited to the cost of modifying the product(s)or replacing the non-complying product(s)or component(s)after receipt of prompt written notice of noncompliance. The rights and obligations of Buyer and Parkson shall be governed by and interpreted in accordance with the substantive laws of the state of Florida including the uniform commercial code of Florida, excluding conflicts of law and choice of law principles. XIV. DISPUTE RESOLUTION: Any issue,difference,claim or dispute("Action")that may arise out of or in connection with the project referenced in the quotation,including these terms and conditions,shall be first resolved by negotiation at the highest executive levels between the Buyer and Parkson. If said negotiation is unsuccessful, any said Action or any transactions contemplated hereby or in the Quotation shall be finally settled under BINDING ARBITRATION in Broward County, Florida. Any such arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association and shall be overseen by one(1)single arbitrator.Buyer and Parkson shall agree upon a single arbitrator or,if Buyer and Parkson cannot agree upon an arbitrator within thirty (30) days, then the Buyer and Parkson agree that the American Arbitration Association shall appoint a single arbitrator.In the event that an Action is brought,the prevailing party shall be entitled to be reimbursed for,and/or have judgment entered with respect to, all of its costs and expenses,including reasonable attorney's fees'and legal expenses.The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction. XV. PATENTS: Parkson shall indemnify Buyer against any judgment for damages and costs which may be rendered against Buyer in a suit brought on account of the alleged infringement of any United Stales patent by any product supplied by Parkson,unless(a)the alleged infringement occurs as a result of any alteration or modification to the product or the use of the product in combination with the products or services of any party other than Parkson,or(b) the product was made in accordance with materials, designs or specifications furnished or designated by Buyer, in which case Buyer shall indemnify Parkson against any judgment for damages and costs which may be rendered against Parkson in any suit brought on account of the alleged infringement of any United States patent by such product or by such materials,designs or specifications;provided that prompt written notice be given to the party from whom indemnity is sought of the bringing of the suit and an opportunity be given to such party to settle or defend it as that party may see fit and that every reasonable assistance in settling or defending it shall be rendered. Parkson shall in no event be liable to Buyer for special, indirect, incidental or consequential damages arising out of allegation of patent infringement. XVI. MECHANICAL WARRANTY: For a period of one (1)year following the Equipment shipment date("Warranty Period"), Parkson's Equipment is limitedly warranted to be free from defective material and workmanship, under normal use and service and when installed,operated and maintained in accordance with installation instructions, this policy and maintenance/operating procedures. To make claim under this Warranty, Buyer must notify Parkson within ten (10) business days after the date of discovery of any nonconformity and make the affected Equipment immediately available for inspection by Parkson or its service representative. Parkson Equipment may be deemed nonconforming only by an authorized Parkson representative. Returns will not be accepted unless Parkson has authorized said return in writing.If Parkson's inspection indicates nonconforming materials and/or workmanship, the Equipment will, at Parkson's option, either be repaired or replaced without charge. Upon receipt of Parkson's written consent, Equipment may be promptly returned to Parkson,F.O.B.its factory.However,under certain circumstances,Parkson may decide,in its sole discretion,to repair or replace the Equipment at the Project site.Buyer hereby agrees to provide Parkson,its employees and/or representatives,free of charge,on-site access to the Project site,and any necessary utilities and plant personnel needed by Parkson for the purpose of repairing and/or replacing nonconforming Equipment per this Warranty, The following will void this Warranty: (A) Equipment is used for purposes other than those for which it was designed; - (B) Equipment is not used in accordance with generally approved practices; - (C) Disasters,whether natural or manmade,such as fire,flood,wind,earthquake,cave-in,lightning,war,or vandalism; 304 CNF-010 Rev C—February 2008 Par Treat5406 Ing Water Right (D) Unauthorized alterations to or modifications of the Equipment not approved by Parkson,in writing; (E) Abuse,neglect or misuse of Equipment,including without limitation,operation of Equipment after a defect is discovered; (F) Operation of Equipment by persons not properly trained for that purpose; (G) Failure to operate the Equipment in accordance with Parkson's specifications,08M manuals or other written guidelines;and/or (H) Failure to perform regular cleaning,inspection,adjustment and/or preventative maintenance. BE ADVISED: Parkson is not liable for any corrective work or expenditure that has not been authorized by Parkson in writing prior to the commencement of such work and prior to committing to such expenditures.Inspection service calls,requested by Buyer,where no evidence of nonconforming materials and/or workmanship is found,will be invoiced to the Buyer at Parkson's current per diem,plus all travel and living expenses.Onsite labor and freight are not covered by this Warranty.This Warranty does not cover normal wear and tear.Following a Warranty claim,verification of proper operation and maintenance is required.Physical damage due to external forces and/or accident is not covered by this Warranty.The effects of corrosion and unforeseeable influent characteristics are excluded from this Warranty. Actions by 3r4 parties in causing nonconformity of the Equipment are not covered under this Warranty. THE FOREGOING LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES OF ANY KIND WHATSOEVER, WRITTEN, ORAL OR IMPLIED; ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. XVII. INDEMNIFICATION:Buyer shall comply and require its employees to comply with all instructions given by Parkson regarding installation,use and maintenance of the Equipment sold by Parkson and shall require its employees to use reasonable care and all safety devices in the operation and maintenance of said Equipment. Buyer shall not remove or permit removal or modification of any safety device, warning sign or label. Buyer shall immediately give Parkson written notice of any personal injury or property damage arising out of the use of the Equipment and cooperate with Parkson in investigating any such accident or malfunction.Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims,demands, liabilities,causes of action,suits,costs and expenses of any kind and nature(including attorney's fees)for personal injury or property damage arising from or in any way connected with the operations,activities or use of the Equipment sold by Parkson if Buyer fails to fulfill any of the foregoing obligations. Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims,demands, liabilities,causes of action,suits,costs and expenses of any kind or nature(including attorney's fees)which may be asserted against Parkson and its suppliers by any person relating to any portion of the Equipment which includes Buyer's existing equipment or equipment furnished by Buyer and to defend Parkson and its suppliers at Buyer's expense against any suit which may be commenced relating to the foregoing.Buyer agrees to indemnify and hold Parkson and its suppliers harmless from any and all claims,demands,liabilities,causes of action,suits,costs and expenses of any kind or nature(including attorney's fees)for loss or damage to persons or property,other than the Equipment sold hereby or Buyers possession or use of said Equipment. XVIII. MISCELLANEOUS: Parkson does not assume responsibility for nor warrant the performance or accuracy of Buyer's furnished design, design criteria,or specifications.The parties agree that the foregoing terms and conditions constitute the entire terms and conditions between Buyer and Parkson and that there are no other agreements,terms or conditions,expressed or implied, unless otherwise agreed to in writing by Parkson. The terms and conditions herein shall supersede any terms and conditions of any other document that may apply to the transaction between the Buyer and Parkson.This document may not be modified or superseded other than by an instrument in writing signed by both Buyer and Parkson. This document shall be binding upon and inure to the benefit of Buyer and Parkson and their heirs,assignees,legal representatives and the project Owner for the project referenced in the quotation. The invalidity or non-enforceability of any particular provision of this document shall not affect the other provisions hereof, and this document shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 4 of 4 CNF-010 Rev C—February 2008