HomeMy WebLinkAbout08/31/05 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 603, Bremerton, WA 98337-1873 03 (360) 473-5280
* * * AMENDED * * *
AUGUST 31, 2005
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALLTO ORDER: 5:30 P.M. in MEETING CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. PUBLIC SERVICE ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB05-190)
B. Minutes of Meeting - July 27,2005 (#AB05-191)
C. Minutes of Meeting - August 3, 2005 (#AB05-192)
D. Minutes of Meeting -August 10, 2005 (#AB05-193)
E. Minutes of Meeting - August 17, 2005 (#AB05-194)
F. Minutes of Meeting - August 24, 2005 (#AB05-195)
G. /\ppointment of Ada.m Brockuc to the Community Development Blool< Gra.nt .^.dvicory
Committee (ft^B05 196) Item Pulled
H. Contract Award to ROBINSON CONSTRUCTION, INC. for Downtown Bremerton Library
( #AB05-197)
. L Agreementwith QWEST to supply Local Telecommunications Service (#AB05-198)
J. Amendment to Bremerton Housing Authority Contract for Supplemental Police Services
(#AB05-200)
5. GENERAL BUSINESS
A. Professional Services Agreement with PARAMETRIX, INC. for Beach Sewer Replacement
Pre-design (#AB05-201)
B. Resolution No. 2977 adopting the National Incident Management System (NIMS) for all
incidents within the City of Bremerton (#AB05-199) Item pulled from the CONSENT AGENDA
6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CONTINUED ON BACK...
It Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
CITY COUNCIL STUDY SESSION
The Council Members will remain in the MEETING CHAMBERS to hear the first presentation. They
will then reconvene in COUNCIL CONFERENCE ROOM 603 to hear presentations on the remaining
items. Please note that no action will be taken, and the content of these items is subject to change...
1. Proposal to Consolidate the Bremerton Housing Authority (BHA) and the Kitsap County
Consolidated Housing Authority (KCCHA) - (Approx. 60-minutes) BKA T will televise this item
2. Professional Services Agreement with PARAMETRIX, INC. for Environmental Assessments of
Charleston Beach Road segment of the SR 304 Project - Michael Mecham, City Engineer
3. Proposed Resolution authorizing use of the General Contractor/Construction Manager Alternative
Public Works Procedure pursuant to Chapter 39.10 of the R.C.W. for the Bremerton Harborside
Park/Building 50 Renovation/Memorial Plaza Project - Gary Sexton, Economic Development
4. Proposed Ordinance to amend Ordinance No. 4921 relating to the City of Bremerton's FY2005
Annual Budget - Laura Lyon, Finance Director
DATE SUBMITTED:
BILL # 05- 1'i0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Lilt
........................................................................................
SUBJECT: Approval of Claims and Checks
Register
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
?-3/-6~
Financial Services
Cathy Johnson
473-5296
SUMMARY: Consent agenda item. Approval of payroll, checks and electronic fund transfers.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DlRECTOR:
CITY ATTORNEY:
FINANCE DlRECTOR:
MAYOR:
FISCAUBUDGET:
OPERATIONS:
COUNCIL PRESIDENT: --=r:>""'......-~/'.--
RECOMMENDED MOTION: Move to approve:
1) Check#s 302307 through 3D2t.f2b and EFTs
in the amount of$3b~/238. 37 .
2) Regular payroll for the pay period ending
CONSENT AGENDA r8J
85t.f5 - B5L/-b, 85'-17 P
8548 through 8557
in the amount of $
3)
Retiree payroll for the pay period ending
in the amount of $
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED:S/2.. '2../05
BILL # 0 5 - I 9 I
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
'113
........................................................................................
SUBJECT: Minutes of Meeting -
.::r tA.. \ l.( J- {, :La 0 5
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
A0usf- 31, 2005
Cit Council
Daren Nygren,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached are the minutes for the Council Meeting held. Jv..\~ )... 7, 2-005
ATTACHMENTS: Minutesfor Tvly 27, ;2.005.
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA [gJ
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
rOTTMr'TT Ar'TTO~T. n ^~~~~n~ n n~_.. n 'T'~t..l~
n 0......._......:.-u_ rI """-T_ ,\ _.L~_._
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, July 27,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, July 27, 2005, at 5:30 PM, with Council President Daren Nygren
presiding. Council members present were Mike Short, Will Maupin; Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, Cecil McConnell, and Brad Gehring. Also present were
City Attorney Roger Lubovich, City Clerk Paula Johnston, and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the
invocation provided by Reverend Paul Meeker of Our Saviour's Lutheran Church.
President Nyaren announced that a Pre-Council session was held in Council Conference Room
603 from 5:00 to 5:30 P.M., and included a 15-Minute EXECUTIVE SESSION to discuss "POTENTIAL
LITIGATION".
PUBLIC SERVICE ANNOUNCEMENTS
Wendy Priest selected the SORIANO PROFESSIONAL BUILDING owned by Jerry Soriano and Louis
Soriano to receive the "City Pride Award" for July 2005. Jerry Soriano was pleased to accept
the award on their behalf.
CONSENT AGENDA
A. Check Numbers 301466 through 301647; EFT-8467 through EFT-8477; 8478P; and 8479P
through 8482P in the amount of $1,569,422.46 (#AB05-165)
B. Collective Bargaining Agreement between the City of Bremerton and Bremerton Police
Management Association (#AB05-166)
Prior to the vote, President Nvaren asked if any citizen in the public would like to comment on any
item on the Consent Agenda. There were no comments therefore the Council proceeded with the
vote.. .
5:37:30 M/S/C/U (Priest/McConnell) Move to approve the Consent Agenda as presented.
5A - RESOLUTION NO. 2972 REGARDING THE PROPOSED CHARTER AMENDMENT TO
REDUCE NUMBER OF COUNCIL MEMBERS AND CORRESPONDING DISTRICTS FROM 9 TO
7: AND SUBMITTING A BALLOT MEASURE TO THE VOTERS FOR THE GENERAL ELECTION
TO BE HELD ON NOVEMBER 8. 2005 (#AB05-167): Council Members Will Maupin and Mike
Short proposed that the City Council submit to the voters, on the November 8, 2005 General
Election, the question whether or not the membership of the City Council and respective Council
districts should be reduced from nine (9) to seven (7).
Roaer Lubovich mentioned that if the ballot were passed then all positions would be up for re-
election in 2007 and the district boundaries would need to be adjusted. He further stated the cost
of the election is estimated to range from $300 to $1,000, and the estimated cost of redistricting is
expected to be close to $5,000.
President Nyaren asked for clarification on the procedure for removing an item from the agenda.
Mr. Lubovich responded that at Pre-Council, one Council Member may remove an item and two
Council Members may place the item back on the agenda, but now that the meeting has begun,
action would need to be taken, but that action could include tabling the item for further study.
City Council Reg. Mtg. Minutes
Wednesday, July 27,2005
Page 2 of 4
Del Knauss requested that Council Members either table the resolution to a later meeting to allow
more public comment or to vote "no". He suggested that a commission should be formed so that
the public could be involved in the process to make such changes in the Charter.
President NVQren clarified that the only proposed action before Council Members tonight was to
decide whether or not to put the item on the ballot.
Helen Miller agreed with the previous comments made by Mr. Knauss; and also believed any
changes that were needed to the Charter should have been made during the previous election.
Paul Drnievic also agreed with comments made by Mr. Knauss; and was concerned that this
change would lower the number of Council Members needed to reach a majority in any given vote;
and was not convinced that the change would save money or that work could be done by fewer
Council Members. He asked for people to contact him at (360) 479-6652 if interested in rewriting
the City Charter.
Will Maupin stated that of all Washington cities, only a few cities have 9 or more Council
Members and those cities have much larger populations. He estimated the reduction in Council
would result in about $28,000 in savings and that money could be used for services. He also
believed that there would be less staff time involved to cover fewer Council Members and that
additional work would be easily absorbed by the remaining Council. It is a fair question to ask
voters how they wish to be represented.
Mike Short mentioned that he has conducted his own research, and during that polling, there was
citizen support for streamlining government and saving money. He supported the action to send
this issue to the ballot so the citizens have the opportunity to voice their opinion.
Carol Arends emphasized that no members of the public have opposed a change in Council, but
was not sure that this proposed change would benefit the City and its districts. However, she only
supports changes to the Charter if done all at one time. She also suggested that the smaller
Councils in larger cities may be full-time Councils.
Brad GehrinQ was concerned that this change would lessen the representation of each district
and believes that 9 Council Members are adequate. He did not believe that increasing the
workload would improve efficiency. He supported continuing this item to include more public input.
Cecil McConnell raised the issue that if there were fewer Council Members, the likelihood of a tie-
vote or lack of quorum at meetings would be increased, and further pointed out that all previous
attempts to change the number of Council members have failed. He agreed with previous
comments regarding public input and suggested that a citizen's committee be formed to consider
all of the possible changes that could be made.
6:15:45 M/S (McConneIl/Robinson) Move to form a Citizen's Committee to study the City Charter
and make recommendations of any changes to the City Council.
No vote was taken at this time as the discussion continued...
Mr. Maupin commented that he was not sure how this motion could be made when a completely
different item was on the table; and secondly, reminded the Council that when citizen committees
were formed in the past to study the Charter, it is believed that measures failed because some
citizens may find just one thing they don't like, and then vote "no". He feels that incremental
changes to the Charter would be best to improve little by little, the way the City operates. Lastly,
he explained that he began with the proposal to reduce the number of Council members because
this was the one issue that was most out-of-line with other Washington cities.
City Council Reg. Mtg. Minutes
Wednesday, July 27,2005
Page 3 of 4
Mr. Shepherd asked for a point of order regarding the motion. Mr. Lubovich stated that
clarification over the intent of the motion needs to be established because if a Citizen Committee
was being formed to establish proposed Charter changes, that doesn't mean that the Council can't
go ahead and vote on the original proposed motion. Mr. McConnell established that the intent of
the Motion is to form a Citizen Committee to look at the City Charter, and let them bring any
proposed changes to the Council instead of the Council proposing that there be a reduced number
of Council Members.
Ms. Johnston proposed language for the motion. Mr. McConnell agreed. Mr. Maupin
established that this amended Motion would basically do away with the original proposed Motion
that was on the floor. Mr. Shepherd was concerned that there was a lack of citizen involvement in
the original proposal, so was supportive of the amended motion, but believes that a
recommendation should be brought to the Council by December 1. Mr. Short stated that he
supports a Citizen Commission, but was disappointed that the proposal was not brought forward
earlier during one of the many previous Study Sessions.
Ms. Priest stated that although she is not generally opposed to citizen committees, she felt that in
this case, it made more sense to the get the opinion of all voters versus a small group of people,
especially now when it would be so cost effective to place an item on the ballot. She also
emphasized that once this issue was on the ballot, it would open up the opportunity for discussion
and debates. Mr. NVQren agreed, and felt it was unfortunate that the Council was being asked to
take action on an item that has not been through the Council's committee process, which would
have allowed for more detailed discussion. He didn't understand how much study is required to
simply place an item on the ballot for the citizens to decide whether they wanted 7 Council
Members or 9.
6:33:45 M/S/C (McConnell/Robinson) Move to form a Citizen Commission to study the City
Charter including the issue of the size of the City Council, and report back to the City Council with
recommendations by December 1, 2005.
Voted in favor of Motion: McConnell, Shepherd, Robinson, Arends, Gehring
Voted opposed to Motion: Priest, Maupin, Short, Nygren
Motion Carried: 5-Yes; 4-No
The following Executive Session was held during the Pre-Council session...
6A- EXECUTIVE SESSION TO DISCUSS "POTENTIAL LITIGATION" PER RCW 42.30.110
(1)(i) (#AB05-168): Council Member Mike Shepherd outlined concerns over the management of
health care services and asked to present a resolution supporting legal action to maintain health
care services.
6:36:45 MIS - Retracted (Shepherd/Priest) Move to resolve that our City Attorney and Mayor have
been active in the protection of the City's interest in sustaining our traditional health providers,
including Harrison Hospital and Kitsap Physician Service, the City of Bremerton by Resolution
continues to support and encourage both legal and moral support of our medical community and
authorize the City Attorney to proceed in this matter as previously directed.
The Council recessed at 6:41 P.M. and returned at 6:55 P.M.
Motion was retracted by Shepherd; seconded by Priest.
City Council Reg. Mtg. Minutes
Wednesday, July 27, 2005
Page 4 of 4
6:56:47 M/S/C/U (Shepherd/Priest) Move to encourage and authorize the Mayor and City Attorney
to continue our support of our traditional medical community and specifically to intervene and
address issues of concern in the pending court proceedings relating to the transfer of KITSAP
PHYSICIAN SERVICE to GROUP HEALTH.
With no further business, the meeting of the City Council was adjourned at 6:58 P.M. The Council
reconvened in the Council Conference Room 603 for a Study Session to hear presentations on
upcoming agenda items. The public is welcome to attend.
Prepared and Submitted by:
~ Jh..:-
CHRISTINE GRENIER '
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DATE SUBMITTED: g/3 /0:;-
BILL # 0 5 - I '\ :L
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
4e-
........................................................................................
SUBJECT: Minutes of Meeting -
A~t(S+ 3) ;;"005
Committee Meeting Date:
COUNCIL MEETING Dak:
Department:
Presenter:
N/A
~0US+- 3/( 2PoS
Cit Council
Daren Nygren,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached are the minutes for the Council Meeting held. ~LAS+- 5, Lo05
ATTACHMENTS: Minutes for A-u~U5.f- 3 j 2.005
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FIS CAL/BUD GET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA [gI
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday, August 3, 2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, August 3, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Carol Arends, Dianne Robinson, Cecil McConnell, and Brad
Gehring. Council Members Wendy Priest, Mike Shepherd, and Will Maupin were absent. Also
present were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Council Assistant
Christine Grenier.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Council Member Carol Arends.
President NYQren announced that a Pre-Council session was held in Council Conference Room 603
from 5:00 to 5:30 P.M.
MAYOR'S REPORT
. The Bremerton Lion's Club introduced the Exchange Students from Kure, Japan and President
Nyqren welcomed the students to the City of Bremerton and thanked all those who are involved in
the program.
. Bob Tulp of Public Works & Utilities presented t-shirts to the Council Members on behalf of the
World Changers Program, which made improvements to many homes and garages this year.
PUBLIC SERVICE ANNOUNCEMENTS
President Nyqren announced that Carolyn Roberts will be acting as a sign language interpreter for
tonight's Council Meeting.
Carolyn Roberts announced on behalf of Dean Roberts that the 2nd Annual Grateful Dead
Celebration will be held on August 13thfrom11:00 A.M. to 10:00 P.M. at Cafe Destino.
CONSENT AGENDA
A. Check Numbers 301648 through 301780; EFT-8483 through EFT-8500 in the amount of
$474,773.73; and Regular Payroll for the pay period ending July 31,2005 in the amount of
$664,313.93 (#AB05-169)
B. Contract Amendment to extend the BKAT Service Agreement with Kitsap County (#AB05-170)
C. Extension of Banking Services Agreement with BANK OF AMERICA (#AB05-171)
D. Professional Services Agreement with REINa ENFORCEMENT TECHNOLOGY for Computer
Programming and Support for Parking Ticket Administration (#AB05-172)
5:45:00 M/S/C/U (McConnell/Arends) Move to approve the Consent Agenda as presented.
PUBLIC HEARINGS
6A - RESOLUTION NO. 2973 REAFFIRMING AND RATIFYING RESOLUTION NO. 2971
APPROVING BOUNDARY LINE ADJUSTMENT; AND AUTHORIZING QUIT CLAIM DEEDS TO
PROPERTY OWNERS ADJACENT TO CITY PROPERTY (CAPITAL HILL FIRE STATION AND
FOREST RIDGE PARK) (#AB05-173): Ken Mickelson, Parks & Recreation Director explained that
the City approved Resolution No. 2971 approving boundary line adjustment and authorizing quit claim
deeds to property owners adjacent to City property on July 6, 2005. Pursuant to BMC 13.12.020,
following submission of a report recommending the sale by the Parks and Recreation Board, two
public hearings and unanimous approval by City Council is required, in order to sell portions of the
subject property. Proceeds from the sale of the park property will be placed in the Contingency Fund
City Council Reg. Mtg. Minutes
VVednesday, August 3, 2005
Page 2 of 6
and designated for Parks & Recreation purposes. Public hearings are scheduled for August 3, 2005
and the date of the second hearing is to be determined. No action is required tonight.
There were no comments from the public.
Mr. McConnell asked if any funds would be used to expand parks property, Mr. Mickelson
responded yes, but that funds would be used for capital purposes only.
President Nvaren reiterated that no action would be taken tonight on this item.
6B - ORDINANCE NO. 4941 ADOPTING AMENDMENTS TO BREMERTON MUNICIPAL CODE
(BMC) CHAPTER 21.02 RELATING TO THE ZONING CODE (#AB05-174): Chris Huqo, Community
Development Director, pointed out that the proposed ordinance enacts the third of five "packages" of
new sections of the zoning code to implement the 2004 Comprehensive Plan. The proposed new
BMC chapters include six new zoning classifications for residential, business, and marine industrial
zones and a Master Development Zone to implement special planning districts. The enactment of
development regulations consistent with the 2004 Comprehensive Plan is necessary to maintain
compliance with the State Growth Management Act.
Elizabeth Scott, Homebuilders Association, expressed concerns over a proposed landscaping strip,
obscuring wall, and building height. She offered alternatives which included raising the maximum
building height to 35 feet, and amending the obscuring wall requirement to include the use of a
vegetative wall.
Helen Miller suggested that parking regulations not be relaxed because both residents and
businesses need parking that is readily available. President NVQren responded that there will be
other opportunities to comment on the parking element of the zoning code.
Mike Eliason, Government Affairs Director for the Kitsap County Association of Realtors, also
expressed concerns over building heights, and marketability of property if the 6 foot wall requirement
were implemented.
Mr. McConnell asked for clarification on the trail concept. Mr. Huao responded that if centers are
not connected, adding a trail would make the individual centers and the downtown core more
accessible to each other.
Mr. Short wanted to know if a response would be given to citizens who expressed concerns over this
proposed zoning code package. President NVQren asked that citizens provide their concerns in
writing to staff. Mr. HUQO indicated that staff could meet with the interested parties to discuss
alternatives that would alleviate their concerns.
President Nvaren mentioned that geography varies center to center and building height limits could
be raised accordingly. Mr. Huqo responded that there would be additional dialogue with the
neighborhoods to make adjustments to height limitations as needed.
Mr. McConnell asked for clarification on co-location of cellular towers. Mr. Huao answered that co-
location means that applicants wanting to develop new telecommunications projects are encouraged
to locate on an existing tower rather than build on a new site.
Mr. McConnell asked for clarification on numbering of code chapters. Matt Keoqh, Community
Development responded that when the current code is amended, eventually there will be a new
numbering system for the new code. In the interim, both sets of numbers are being mentioned.
City Council Reg. Mtg. Minutes
VVednesday,August3,2005
Page 3 of 6
Mr. GehrinQ was concerned that with the 5-foot buffer zone being proposed, residents may lose
buildable commercial space on a lot and that this option is not business friendly. Mr. HUQO answered
that this buffer requirement is already in place in the current code and that to compensate for the
loss, front yard setbacks will be reduced accordingly so more space will be available. Mr. GehrinQ
also expressed concerns over potential reductions in parking for businesses. Mr. HUQO stated that
the building would be closer to the street and parking would be located in the rear, and that would
make the business more pedestrian friendly and would have more parking at the same time.
Mr. McConnell asked for clarification on fencing and walls. Mr. HUQO stated that solid walls were
considered an option because that would be more effective in addressing noise issues, whereas a
vegetative wall or plants may block light but not noise. He added that other alternatives will be
considered.
6:22:00 M/S/C (Arends/Robinson) Move to pass Ordinance No. 4941 adopting amendments to BMC
Title 20, adding new chapters 20.78, 20.80,20.82,20.84,20.86,20.88 related to zoning.
Voted in favor of Motion: Robinson, Arends, Short, Nygren
Voted opposed to Motion: McConnell, Gehring
Motion carried; 4-Yes; 2-No
6C - ORDINANCE NO. 4942 ADOPTING AMENDMENTS TO BREMERTON MUNICIPAL CODE
(BMC) CHAPTER 21.02 RELATING TO ALLOWANCE OF ATTACHED. ZERO LOT LINE. SINGLE
UNIT DWELLINGS WITHIN THE RESIDENTIAL HIGH DENSITY (MR) ZONE (#AB05-175): Chris
HUQo, Community Development Director, stated that the current provisions of the Residential High-
Density (MR) zone allow only attached, zero-lot-line, single unit dwellings by a cumbersome and
unnecessary Planned Unit Development process. This process inhibits the creation of owner-
occupied, single-unit housing in this zone. One of the Council's goals is to increase owner-
occupancy in the City. The proposed amendment allows attached, single-unit dwellings - developed
as zero-lot-line structures - as an outright permitted use. The amendment also relieves the
requirement to add the foregone side yard (at the zero-lot-line) to the other side of the lot, this
increasing land use efficiency.
President Nvgren opened the hearing to hear public comment. With no comments from the public,
the Public Hearing was closed.
Mr. Short believed that the proposed change in the ordinance would benefit a specific builder and
was concerned that the code might be changed on a project by project basis. Mr. HUQo stated that
this particular change would actually apply to other sites and provided several examples.
Ms. Arends commented that this change would encourage owner occupancy and offered her
support.
Mr. McConnell asked for clarification on the types of buildings being discussed. Mr. HUQO
summarized that the proposal would allow for 2 homes on 2 lots rather than a duplex on a single lot to
encourage higher occupancy and home ownership, and discourage renting out units.
Mr. Gehrina asked if the common wall buildings would meet density requirements. Mr. Huao
answered yes.
Ms. Robinson asked if the units on 12'h and Park Avenues are the same as the duplexes being
discussed. Mr. HUQO stated that those homes are multifamily units and can not be sold separately.
City Council Reg. Mtg. Minutes
VVednesday, August3,2005
Page 4 of 6
Ms. Arends clarified that these units are really more like townhouses which may include 2 units per
structure. Mr. Huao added that each project is unique, and that a project may have a few connected
units are several connected units with the lot size varying accordingly.
Mr. Nyqren emphasized that the proposed changes would benefit numerous properties and would
help achieve the goals of administration and Council by increasing opportunHies for home ownership.
6:49:00 M/S/C (Arends/Robinson)Move to pass Ordinance No. 4942 approving amendment to BMC
21.02 Figure 140 to allow attached, zero-lot-line, single-unit dwellings within the MR Zone as a
permitted use and to reduce associated side yard requirements by deleting Section 21.02, Figure
130, Footnote 3.
Voted in favor of Motion: Robinson, Arends, Gehring, Nygren
Voted opposed to Motion: Short, McConnell
Motion carried: 4-Yes; 2-No
6D - ORDINANCE NO. 4943 AMENDING BREMERTON MUNICIPAL CODE (BMC) CHAPTER
21.02.670 (C) TO ADD A PARKING EXEMPTION WITHIN NEIGHBORHOOD BUSINESS (NB)
ZONES IN DESIGNATED CENTERS (#AB05-176): Chris Huao, Community Development Director,
explained that new use or occupancy of existing commercial buildings within Neighborhood Centers
as designated in the City Comprehensive Plan may be precluded by current parking regulations. It is
desirable to extend the economic life of good buildings that provide venues for land uses that are
promoted in the Plan, particularly those uses that contribute to the realization of a neighborhood-
serving, mixed-use center. A limited parking exemption of up to 10 spaces will provide opportunity for
new occupancy of existing buildings only in those Neighborhood Business (NB) Zones that lie within
designated Neighborhood Centers. A similar exemption was passed last year for existing buildings in
the Downtown DVV and DC Zones.
Lowell & Heidi Yoxsimer read a statement for the record; and asked the Council to support the
parking exemption which would ultimately encourage customers to visit their new cafe and for future
businesses that may locate in Bremerton.
Mr. Short asked for clarification on what would be allowed for expansion of a building. Mr. Huao
emphasized that there is no intent to allow expansion or increased occupant load, but there may be
an increase square footage available within the building.
Ms. Robinson offered her support for the proposed changes and recognized the hard work the
Yoxsimers have put into their business.
Mr. McConnell asked for clarification on parking availability. Mr. Huao responded that the language
lays out that a business can not create a non-conforming situation which would result a reduction in
parking spaces.
Mr. Nyaren pointed out that currently buildings are underused without parking regulations in place
and that this change would allow use of vacant buildings because the parking issue will have been
addressed.
Mr. Gehrinfl excused himself from the vote due to a personal conflict.
7:06:00 M/S/C/U (Robinson/Arends) Move to pass Ordinance No. 4943 approving an amendment to
Bremerton Municipal Code Section 21.02.670(C) to exempt up to 10 parking spaces for existing
buildings within Neighborhood Business Zones in designated Centers.
City Council Reg. Mtg. Minutes
VVednesday, August3,2005
Page 5 of 6
Voted in favor of Motion: Arends, Short, McConnell, Robinson, Nygren
Motion carried.
GENERAL BUSINESS
7 A - AIR RIGHTS EASEMENT BETWEEN THE CITY OF BREMERTON AND KITSAP COUNTY
CONDSOLlDATED HOUSING AUTHORITY (#AB05-177): Roaer Lubovich, City Attorney,
summarized that the Kitsap 'County Consolidated Housing Authority (KCCHA) will begin construction
on the Harborside Condominium Phase I project in the near future. Use of the airspace above
Washington Avenue and 4th Street is required by KCCHA for construction, operation, ownership, and
maintenance of the project. The proposed Air Rights Easement Agreement grants KCCHA use of
certain air space above approximately 170 feet of Washington Avenue and 51 feet of 4th Street.
There were no comments from the public.
Mr. Short thanked Gary Sexton, Community Development staff, and the Legal Department for the
work they have done on developing this agreement; and asked for clarification on what the
agreement accomplishes. Mr. Sexton responded that this agreement will address utility issues and
that eventually the easement would be changed into a vacation and that will allow the condominium
projects to proceed.
7:14:00 M/S/C/U (Arends/McConnell) Move to approve the proposed Air Rights Easement Agreement
and authorize the Mayor to execute the Agreement in substantially the same form as presented.
7B - RESOLUTION NO. 2974 ADOPTING THE 2006-2001 SIX-YEAR TRANSPORTATION
IMPROVEMENT PLAN (TIP) (#AB05-178): Michael Mecham, City Engineer, explained that the Six-
Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCVV 36.81.121.
The Plan is updated annually and filed with the Secretary of Transportation, Local Programs Office. It
is intended as a planning tool for the local, State, and Federal transportation funding entities. The
attached plan has been prepared for City Council approval by Resolution, and will be submitted to the
VVashington State Department of Transportation.
Mr. Eliason was pleased with the balance of the projects being presented; and asked what
percentage of the total Public Works budget is being used for capital projects. A response would be
provided by staff at a later time. . .
Mr. McConnell asked for clarification on the City's role in the projects. Mr. Mecham answered that
the City of Bremerton is expected to be the lead agency on most projects.
7:18:00 M/S/C/U (Short/Arends) Move to approve Resolution No. 2974, which approves the City's
2006-2011 Six-Year Transportation Improvement Plan, and direct the Mayor to forward the
Resolution and Plan to the Department of Transportation, Local Programs Office.
PUBLIC RECOGNITION
Damon Ariel expressed concerns over safety and fire issues in the Westpark area; hopes to have
piles of garbage, grass and plant clippings, and thorny brush left on the sidewalks; also hopes that
the merger of the housing authorities will finally get these issues addressed and that residents'
concerns will be heard. President Nvaren acknowledged an e-mail he received from Mr.Arial and
assured him that he would be contacted when the merger issue was to be discussed.
Mr. Eliason thanked Council for looking into concerns; hoped that the proposed zoning changes
would make Bremerton a more green environment and to encourage flexible height requirements;
and complimented Council Members Gehring and Arends for their re-election campaigns.
City Council Reg. Mtg. Minutes
VVednesday, August 3, 2005
Page 6 of 6
Ms. Scott clarified her concerns and would like to offer alternatives to concrete walls such as using
arbor vitae for privacy and aesthetic purposes.
COUNCIL MEMBER REPORTS
Mike Short congratulated Council Members who will be running for re-election; and announced that
BKA T will be taping a segment called "Kitsap Lake Safety" and that program will be aired on August 8
at 8:00 PM, August 11 at11 :30 AM, August 15 at 8:00 PM, and August 18 at 11 :30 AM.
Carol Arends enjoyed the 8th Annual National Night-Out Event last night at Westpark and
encouraged the public to attend next year.
Dianne Robinson also congratulated Council Members on their re-election campaigns.
Brad GehrinQ recognized VVill Chambers and Bob Tulp for their efforts towards this year's World
Changers program.
With no further business, the meeting of the City Council was adjourned at 7:30 P.M.
...
CH ISTINE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DATE SUBMITTED: C1J...tjltlS+ III
2005
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
os - (q 3
L,-)
........................................................................................
Committee Meeting Date: N/A
COUNCIL MEETING Date:
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held tJ..uJUS+- 10 J 2005,
SUBJECT: Minutes of Meeting -
C1..u3tAst 10 1')..005
ATTACHMENTS: Minutes for a..1l3lA5i- 101 2005
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA [gJ
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday, August 10,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
VVednesday, August 10, 2005, at 5:30 PM, with Council President Daren Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Cecil
McConnell, and Brad Gehring. Council Member VVendy Priest was absent. Also present were City
Attorney Roger Lubovich, City Clerk Paula Johnston, and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Council Member Dianne Robinson.
PUBLIC SERVICE ANNOUNCEMENTS
President NVQren announced the following items:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M., which
included a 15-Minute Executive Session to discuss "PENDING LITIGATION" per RCW 42.30.110 (i);
2. Congratulated Council Member Wendy Priest and Husband Steve who proudly informed us that baby
Madeline Rose Priest had joined the world weighing in at 11 Ibs. 7 oz. last Wednesday, August 3;
3. The Council will meet for their Monthly Study Session on Tuesday, August 16 beginning at 5:00 P.M.
in Council Conference Room 603 for Committee Reports and to discuss General Council Business.
CONSENT AGENDA
A. Check Numbers 301781 through 302002; EFT-8501 through EFT-8508; EFT-8511 through EFT-
8514; 8509P; and 8510P in the amount of $1,193,254.49; and Regular Payroll in the amount of
$634,120.77 for the pay-period ending July 31, 2005 (#AB05-179)
Prior to the vote, President NVflren asked if any citizen in the public would like to comment on any item
on the Consent Agenda. There were no comments therefore the Council proceeded with the vote...
5:34:19 M/S/C/U (McConneIl/Arends) Move to approve the Consent Agenda as presented.
With no further business, the meeting of the City Council was adjourned at 5:35 P.M. The Council
reconvened in the Council Conference Room 603 for a Study Session to hear presentations on
upcoming agenda items. The public was invited to attend.
Prepared and Submitted by:
~ SrrJtu
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DATE SUBMITTED: AujUS+
19 I 2005
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 0 5 - I q 4-
L.E
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date.:
Department: City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held Aujusf- f7, 2005
SUBJECT: Minutes of Meeting -
AujUSt- 17, 1005
ATTACHMENTS: Minutes for Au..J u.st '1 J 2-005
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
r--l........TT,..T~TT """'''''T","""T. rl...
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DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday,August 17,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, August 17, 2005, at 5:30 PM, with Council President Daren Nygren
presiding.. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Cecil McConnell, and Brad Gehring. Council Member Wendy Priest
was absent. Also present were City Attorney Roger Lubovich, City Clerk Paula Johnston, and
Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the
invocation provided by Pastor Eric Roberts of New Life Assembly.
MAYOR'S REPORT
Mavor Bozeman handed out the "Mavor's 2005 Priority Issues" list to the Council, and
summarized the highlights.
PUBLIC SERVICE ANNOUNCEMENTS
President Nvaren announced the following items:
1. A Pre-Council session was held in Council Conference Room 603 from 5:00 to 5:30 P.M.,
which included a 20-Minute Executive Session to discuss a "REAL ESTATE TRANSACTION" per
RCW 42.30.110 (1) (c);
2. An additional 15-Minute Executive Session to discuss "PENDING LITIGATION" per RCW
42.30.110(1 )(i) will be held following regular business, with action anticipated;
3. Item 7C under GENERAL BUSINESS was pulled from the agenda tonight;
4. Proclaimed the Week of August 15 to 20,2005 as "WELCOME HOME USS CAMDEN WEEK";
which was accepted by Edward Scott Command Master Chief onboard the USS CAMDEN; and
5. Brought forward Life Scout Andrew Owen, and commended him for his Eagle Scout Project to
add an automatic watering system for newly planted trees at SR-303, on the northwest side of
the Warren Avenue Bridge. Andrew displayed pictures of the project during his presentation,
and introduced and thanked his parents, Doug & Mary Owen. He also thanked Don Larson
and Daren Nygren of KITSAP TREES as well as staff from the City of Bremerton Public Works,
Water, and Parks Departments for their assistance in designing and building the project.
CONSENT AGENDA
A. Check Numbers 302003 through 302052; EFT-8515 through EFT-8525 in the amount of
$361,199.97 (#AB05-180)
B. Minutes of Meeting - July 20,2005 (#AB05-181)
C. Contract Award to HISEY CONSTRUCTION, INC. for Pump Station 4 Replacement and 12-inch
Transmission Main (#AB05-182)
D. Inter-Agency Agreement with the WASHINGTON MILITARY DEPARTMENT for Reimbursement of
West-650 Water Facilities Improvements (#AB05-183)
E. Resolution No. 2976 Setting a Hearing Date of September 21, 2005 for Vacating the northerly
850-feet of Russell Road to Oyster Bay Avenue (#AB05-184)
Prior to the vote, President Nygren asked if any citizen in the public would like to comment on any
item on the Consent Agenda. There were no comments therefore the Council proceeded with the
vote.. .
5:50:25 M/S/C/U (McConnell/Arends) Move to approve the Consent Agenda as presented.
City Council Reg. Mtg. Minutes
VVednesday,August17,2005
Page 2 of 4
6A - ORDINANCE NO. 4944. AUTHORIZING THE SALE AND ISSUANCE OF A 2005 WATER
AND SEWER REVENUE BOND FOR THE PURPOSE OF PAYING THE COSTS OF
IMPROVEMENTS RELATED TO UTILITY LOCAL IMPROVEMENT DISTRICT (ULlD) NO. 2002-
01 (#AB05-185): Laura Lvon, Financial Services Director explained that the City established
UUD No. 2002-01 by Ordinance No. 4837. After notice and hearing required by law, the City
approved and confirmed the final assessments and assessment roll of UUD No. 2002-01 in the
total amount of $467,841.00 by Ordinance No. 4935. Assessments in the amount of $61,254.17
were paid during the 30-day period for making cash payments without penalty, interest, or costs.
This Ordinance authorizes the sale and issuance of a 2005 Water and Sewer Revenue Bond to
repay and retire the interfund loan incurred to pay the costs of the improvements, make a deposit
into a reserve account, and to pay costs incurred to issue such debt. BANK OF AMERICA, N.A. has
proposed, by way of non-binding proposal letter to purchase such revenue bond upon the terms
and conditions set forth therein. It was further noted that an updated Ordinance No. 4944 was
distributed to the Council prior to the meeting tonight. Michael Mecham, City Engineer, explained
the projects that were accomplished through this UUD.
There were no comments from the public.
5:56:40 M/S/C/U (Short/Maupin) Move to approve Ordinance No. 4944 authorizing the sale and
issuance of a 2005 water and sewer revenue bond with a par amount of $406,587.00 for the
purpose of repaying and retiring the interfund loan incurred to pay the costs of the UUD No. 2002-
01 improvements, make a deposit into the reserve account, and to pay costs incurred to issue
such debt.
68 - ORDINANCE NO. 4955 AUTHORIZING THE SALE AND ISSUANCE OF A 2005 LIMITED
TAX GENERAL OBLIGATION (LTGO) REFUNDING BOND FOR THE PURPOSE OF
REFINANCING A PORTION OF THE OUtSTANDING 1993 LIMITED TAX GENERAL
OBLIGATION BONDS (#AB05-186): Laura Lvon, Financial Services Director stated that the
1993 Limited Tax Obligation Bond issue provides the option to call (at par) bonds with a maturity
date on or after December 1, 2006. The option to exercise this call becomes effective on
December 1, 2005. This ordinance provides for the issuance of a Limited Tax General Obligation
Refunding Bond - the proceeds of which will be used to refund, on a current basis, and defease
the 1993 Bonds maturing on or after December 1, 2006 and to pay costs related to the sale and
issuance of the refunding bond. This refunding will provide a debt service savings to the City.
BANK OF AMERICA, N.A. has proposed, by way of the non-binding proposal letter to purchase such
Limited Tax Obligation Bond upon the terms and conditions set forth in the authorizing ordinance.
There were no comments from the public.
6:02:05 M/S/C/U (Short/Arends) Move to approve Ordinance No. 4945 authorizing the sale and
issuance of a 2005 Limited Tax Obligation Refunding Bond with a paramount of $1,671,000 for
the purpose of refinancing a portion of the outstanding 1993 Limited Tax General Obligation
Bonds.
6C PUBLIC SAFETY BOND ISSUE PROFESSIONAL SERVICES AGREEMENT WITH ARl\1
JACKSON ~RCHITECTS FOR POLICE DEPARTMENT (BURWELL SITE) AND MUNICIPAL
COURT (17 AND \^lARREN) DESIGN (#AB05 187):
Item 6C was pulled from the agenda...
City Council Reg. Mtg. Minutes
VVednesday,August17,2005
Page 3 of 4
PUBLIC RECOGNITION
Ronald D. Jefferson asked the City for assistance with his concerns about the current condition
of the Anderson Cove Neighborhood; including the removal of the basketball court, speeding
vehicles, drug activity, misplaced speed bumps, and the lack of notice regarding the high number
of registered sex offenders that reside in the area.
Diartaanen Williams reiterated the concerns previously expressed regarding the Anderson Cove
Neighborhood, and was particularly concerned that there is a lack of community resources and
activities; and very little police patrol and enforcement. President NYQren asked Mr. Jefferson
and Mr. Williams to provide an outline of the concerns raised tonight so that he can arrange a
community meeting with the Police, Parks, and Planning Departments to address the problems in
the neighborhood.
Sharon Maalis, Vice-Chair of the Westpark Community Center Resident Advisory Council, read a
statement to support the proposed consolidation of the Bremerton Housing Authority (BHA) and
the Kitsap County Consolidated Housing Authority (KCCHA).
Audrey Powell property owner at 15th & Callow, was dismayed to find a change in the City's
zoning code which now prohibits any "drive-through" business at that location, which has thwarted
her plans for building a freestanding espresso stand. She is particularly frustrated that as the
property owners, they receive constant calls to clean up trash, including abandoned vehicles from
the property. President NYQren asked Ms. Powell to provide her contact information and
concerns in writing, and send them to the Community Development Department so that the issues
can be addressed.
8A- EXECUTIVE SESSION TO DISCUSS "POTENTIAL LITIGATION" PER RCW 42.30.110
(1)(i) (#AB05-188): ROQer Lubovich, City Attorney summarized that the Council was briefed on
the settlement proposal in Lassiter v. City of Bremerton.
6:34:35 M/S/C (Shepherd/McConnell) Move to approve the settlement proposal in Lassiter v. City
of Bremerton, U.S. District Court, Western District of Washington Cause No. 03-5166RJB in the
amount of $130,000, and authorize the City Attorney to finalize the settlement.
Voted in favor of Motion: Arends, Maupin, Gehring, McConnell, Shepherd, Nygren
Voted opposed to Motion: Robinson, Short
Motion carried: 6-Yes; 2-No
COUNCIL MEMBER REPORTS
Carol Arends cautioned residents to be careful when approached at their homes by anyone who
identifies themselves as someone requesting to do any type of inspection in or around their home,
and asked that residents call 911 to report any suspicious requests. President NYQren further
suggested that residents can call 911 to verify that any such requests are legitimate.
Dianne Robinson would like to see the Summer Parks Program expand to Naval Avenue and
West Hills Elementary Schools; urged citizens to donate school supplies for children in need at
Crown Hill Elementary School; and lastly, announced that she would be meeting with families from
Anderson Cove tomorrow, August 18 from 2:00 to 5:00 PM and hot dogs would be provided.
Mike Shepherd reported on the ih Annual Picnic in the Park District Meeting; and a neighborhood
Block Watch meeting.
City Council Reg. Mtg. Minutes
VVednesday, August 17,2005
Page 4 of 4
Daren Nvaren invited the public to attend the next District 3 Meeting on Monday, August 22,2005
from 7:00 to 8:30 PM at the Manette Senior Center to hear an "Update on City Streets"; and
congratulated and publicly thanked the Seattle-based Low Income Housing Institute for the recent
renovation of the CHESTER MANOR APARTMENT BUILDING.
With no further business, the meeting of the City Council was adjourned at 6:43 P.M.
Prepared and Submitted by:
~~)
LO I SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DN/PJ/ls/cge
DATE SUBMITTED:
6!J.Y/~o5
BILL #
05-/QS
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~F
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date: A '^1 L{S+- 3 I j 1-005
Department:' City Council
Presenter: Daren Nygren,
Council President
Phone: (360) 473-5280
SUMMARY: Attached are the minutes for the Council Meeting held 11u~ vtS t- ;;L if i '2b 0 S
SUBJECT: Minutes of Meeting -
A-tA1lA. S+- d 4- I 2-005
ATTACHMENTS: Minutes for At.<~u..s+--C).cf L 2..005
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGENDA ~
~~
RECOMMENDED MOTION: Move to pass the Consent Agenda as presented.
COUNCIL ACTION: D Approve D Deny D Table
o Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
VVednesday,August24,2005
The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council
Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
VVednesday, August 24, 2005, at 5:30 PM, with Council President Daren . Nygren presiding. Council
members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd. Cecil
McConnell, and Brad Gehring. Council Member Wendy Priest was absent. Also present were City
Attorney Roger Lubovich and Council Assistant Christine Grenier.
The Pledge of Allegiance was led by Council Member Cecil McConnell followed by the invocation
provided by Council Member Carol Arends.
President Nygren announced that a Pre-Council session was held in Council Conference Room 603
from 5:00 to 5:30 P.M.
PUBLIC SERVICE ANNOUNCEMENTS
Dianne Robinson congratulated Jean Shanen and Glen Huff of the 1100 block of Bloomington, who
were 3rd Place winners in the Northwest Gardens Contest for their award winning garden which was
featured in the Seattle Post Intelligencer Newspaper; and announced that Kitsap Community Resources
will be handing out back-backs to low income students on August 31 from 9:00 A.M. to 4:00 P.M.
Brad Gehring attended the opening day of the Kitsap County Fair and Rodeo and encouraged the
public to attend as well.
CONSENT AGENDA
A. Check Numbers 302053 through 302306 ; EFT-8526 through EFT-8528; EFT-8530 through EFT-
8531; EFT -8533 through EFT -8544; 8529P; 8532P in the amount of $1 ,375,722.87; (#AB05-189)
5:34:10 M/S/C/U (McConnell/Arends) Move to approve the Consent Agenda as presented.
VVith no further business, the meeting of the City Council was adjourned at 5:35 P.M. The Council
remained seated for Item No.1 of the STUDY SESSION. The Council then reconvened in the Council
Conference Room 603 for a STUDY SESSION to hear presentations on the remaining agenda items.
CHRIS INE GRENIER
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
DAREN NYGREN, City Council President
DATE SUBMITTED: July 21, 2005
BILL# 05 - /q ~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
LfGt
........................................................................................
SUBJECT: Appointment to the Community
Development Block Grant Advisory
Committee.
;(i.f
Committee Meeting Date: August ur, 2005
COUNCIL MEETING Date: A1lg'.lst 17, 2005 ';j'-3J-o.:;-
Department: . Executive
Presenter: Mayor Bozeman
Phone: 473-5266
SUMMARY: The City's Community Development Block Grant allocation process depends on the
work of a citizen's committee to screen applicants and recommend those most suited to receive grant
funding. There is a vacancy on the committee due to the resignation of Roy McInnis. It is
recommended the vacancy by filled by Adam Brockus.
A TT ACHMENTS: Application for appointment.
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
-~'.,;:;;'.,::"<;,,;~~,,"~
..,
CONSENT AGENDA ~
~..'-_.
Motion to confirm the appointment of Adam Brockus to the Community Development Block Grant
Advisory Committee.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMITTEE
NOTE:
As an applicant for a City Board, Commission or Committee,- your name, address, and
telephone number will be available to the press and public. You will be contacted before
any action is taken on your appointment.
(Please type or print clearly)
NAME: Adam C. Brockus
HOME ADDRESS: .
Bremerton
DATE: 7/20/05
HOME PHONE:
STATE WA ZIP CODE 98310
OCCUPATION: r.ivil Fnginppr
WORK PHONE: 479-5600
EMPLOYER: Art Anderson Associates
E-MAIL: abrockus@artariderson. ~X: 479-5605
BUSINESS ADDRESS: 202 Pacifi c Avenue, Bremerton, WA 98337-1932
EDUCATION: BSCE. Lehigh University. 1992: MEnq. Rensselaer Polytechnic Institute, 1996
LOCAL REFERENCES (name & phone number):
nrtr~n ~y~ren 471-~ORO
Hariette Bryant 479-4402
Roh Hpnry 479-5600
I AM INTERESTED IN SERVING ON (please check one or more):
( )
( )
( )
( )
b'-l
Disability Action Committee ( )
Civil Service Commission ( )
Ethics Commission ( )
Public Access Citizens Advisory Committee ()
Community Development Block Grant ( )
Advisory Committee ( )
Planning Commission
Parks & Recreation Commission
Citizen's Commission on Council Salaries
Parking Advisory Board
Solid Waste Management
Bremerton Housing Authority
( ) Other
Is this an application for reappointment? Nn
If yes, how many years have you served on this commission/committee?
Please turn page -+
WHY ARE YOU APPLYING FOR THIS APOINTMENT?
To ensure that Bremerton has a Quorum when it evaluates the COBG proposals this September
and that our good and well ,run charities do not suffer a loss of much needed federal funding.
WHICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY FOR
THIS APPOINTMENT:
Going through the Leadership Kitsap Program, Mike called upon us to be servant leaders, to aid
our community whenever there is a need. I can perform this task and ensure Bremerton can and
will remain the great city it is.
HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK
FORCE? IF YES, PLEASE LIST:
No. This will be my first.
PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES,
TRAINING, EDUCATION):
Live in ManettejBremerton for over a year
Own my own home
Am willing to attend all meetings
Work in downtown Bremerton and have a desire to help the community
WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL
ACTIVITIES)?
Vice-Moderator and Stewardship Chair at Church
Structural Engineers Associaton of Washington
American Society of Civil Engineers
I also attend many public comment meetings
We welcome your willingness to serve Bremerton. Please return this completed form to:
Mayor's Office
239 4th Street
Bremerton, WA 98337
(360) 473-5266
(360) 473-5883 FAX
E-mail: mayor@ci.bremerton.wa.us
DATE SUBMITTED: July 26 2005
BILL # 05 - (9 I
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
L. -t
...........................................................................................1
SUBJECT: CONTRACT A WARD-
Robinson Construction, Inc. -
Downtown Bremerton Library
Committee Meeting Date: August 24, 2005
COUNCIL MEETING Date: August 31, 2005
Department: Public Works &
Utilities
Presenter: . Dan Miller
Phone: 473-2314
SUMMARY: Bids were opened on Tuesday, July 19, 2005 for the Downtown Bremerton Library
Project. A total ofthree (3) bids were received for the project (Ref. attached Bid Opening List).
The low bidder is Robinson Construction, Inc. of Bremerton, W A for the Total Lump Sum Bid of
$365,806.00. The total contract amount, including Washington State Sales Tax, is $397,265.32.
The architect's estimate was $335,000 to $350,000 not including Washington State Sales Tax.
The revised contract Scope of Work includes, but not limited to, replacement of exterior windows,
installation of a new ADA compliant tire exit door and new ADA compliant restroom, electrical
upgrades including phone and data upgrades, new ftre alarm system meeting NFP A code
requirements, and miscellaneous interior painting and restoration.
A TT ACHMENTS: Bid Opening List, Memorandum & Sources & Revised - Uses of Funds)
FISCAL IMPACTS (Include Budgeted Amount):
The City has developed a [mancial plan for renovation of the Library in an aggregate amount of
$400,000. This plan includes funding by the City ($100,000), County ($100,000), City's - Community
Development Block Grant program ($100,000), and the Bill & Melinda Gates Foundation ($100,000).
The payment of$200,OOO shall be paid by the County and the Gates Foundation to the City upon
execution of a construction contract by the City for the renovation ofthe Library.
(J,(,iJI'Y le'H--<(~
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RECOMMENDED MOTION: To approve the contract award to Robinson Construction, Inc. in the
amount of $397,265.32 including Washington State Sales Tax, and authorize the Mayor to finalize
and execute the contract.
APPROVALS: ./r'"
l
DEPARTMENT DIRECTO&_.,
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
CONSENT AGEND~~-
~~~
COUNCIL ACTION: 0 Approve 0 Deny 0 Table 0 Continue 0 No Action
------
--
.-~
err\' Of BREMER'TON
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MEMORANDUM
Date: July 26, 2005
To: City Council
From: Dan Miller
RE: Downtown Bremerton Library
Bids were opened on Tuesday, July 19th for the above referenced project. A total of three
(3) bids were received. The apparent low bidder was Robinson Construction, Inc. of
Bremerton for the Total Lump Sum Bid including sales tax in the amount of $397,265.32.
The total funding for the project is $400,000 leaving a residual amount of only $2,734.68
based on the Robinson Construction bid.
The Architect's estimate for this project was $335,000 to $350,000.
The present situation based on Robinson Construction's bid of $397,265.32 for all
practical purpose, totally consumes the available funding leaving the project void of
funds with the exception of$2,734.68 ($2,735). The Ancillary Costs that have been either
expended for this project, or anticipated to be expended totals $63,483. The Ancillary
Costs presented below do not include Allocated Labor Costs in the amount of $24,339
from January through December 2005, in support of this project during this time frame.
Ancillary Costs:
Architect Design Contract:
Print Plans & Spec's
Advertisement for Bids & Fnl. Notice
Permits & Fees
Remaining - Residual Amount
Contingency for unforeseen conditions
Total Ancillary Costs
$53,000
$ 1,525
$ 655
$ 2,200
<$ 2,735>
$ 8.838
$63,483
As a result of the funding shortfall relative to the Robinson bid, a number of elements
have been identified for deletion from the Scope of Work. The total deletions are
estimated to be approximately $63,476.70 including tax ($58,450 + Tax = $63,476.70).
The deletions are in bold print on the attached Sources & Uses of Funds.
The elements identified for deletion on the Sources and Uses of Funds should return the
project within the available funding while providing sufficient funds for the
aforementioned Ancillary Costs. These deleted elements were selected as having an
independent relationship to the overall project and ease negotiations as to their deletion
without presenting a corresponding impact on other dependent elements/activities that
remain in the revised Scope of Work.
Again, the costs for these deleted elements are only estimates as the Contractor's
Schedule of Values may differ and not be realized until after an executed contract is
completed between the Contractor and City.
Footnote: In a related matter, it should be noted as of Monday, July 25th at 3:30 p.m. the
City Attorney's office stated they intend to reject Drury Construction bid protest in
regard to a non-responsive bid from Robinson Construction, Inc. The City Attorney will
respond in writing directly to Drury Construction as to their decision.
DOWNTOWN BREMERTON LIBRARY
SOURCES & USES OF FUNDS
SOURCES OF FUNDS
CDBG
Bill & Melinda Gates Foundation
County
City
TOTAL SOURCES OF FUNDS
$100,000
$100,000
$100,000
$100,000.
$400,000
USES OF FUNDS
CDBG ($100Kl
New (N) Exterior Paint (Power Wash & 2 Coats)
(N) Closures & Hardware On Entry Drs + Refinish Entry Drs.
Replace Glazing On Entry Doors
(N) Exterior Windows
(N) Window Coverings (S. E & W Main Fir. Wdws. Only)
Total COBG Funds:
Est. Costs
$12,000
$3,000
$1,500
$80,000
$3,500
$100,000
$4,500
$9,000
$7,000
$25,000
$24,500
$6,000
$17,000
$7,000
$100,000
$39,100
$12,150
$42,100
$6,100
$25,753
$53,000
$1,525
$655
$2,200
$17,417
$200,000
$400,000
Bill & Melinda Gates Foundation ($100Kl
(N) Automatic Door Operators & Hardware
(N) ADA "Fire Exit Door" @ Stack Room
Remove Acoustical Tiles & Repair Walls & Ceiling
(N) Period Lighting in Reading & Main Reading Rms.
(N) ADA Restroom
(N) Telephone & Data Wiring
(N) Main Fir. Carpet Tile - No removal of old tile
(N) Emerg. Lighting. Syst. & Exit Lights
Total Gates Foundation Funds:
County & City ($200K)
(N) Fire Alarm Syst.- per NFPA 72 & City Fire Marshal
(N) lighting in Rotunda + Clean & Restore Rotunda Skylight
(N) Interior lighting In All Other Main Fir. Designated Rooms
(N) Pendant Fixtures in Vestibule
WA State Sales Tax @ 8.6%
Ancillary Costs: Consultant: Miles Yanick + Co. (Actual)
Print Plans & Spec's (Actual)
Advertise for Bids (Actual)
Building Permits & Fees (Actual)
Contingency
Total County & City Funds:
TOT At SOURCES & USES OF FUNDS
Sources Uses of Funds
(Revised - 8/24/05)
DJM
DOWNTOWN BREMERTON LIBRARY
PRIORITY 2 - ITEMS & COST ESTIMATES
Bid Package
New (N) HVAC System
Refurbish Existing (E Ventilation (Rebuild Fan Blower)
Refurbish (E) Heating incL Asbestos Abatement
(N) Potable Water Pipes
(N) Exterior Galvanized Handrails & Misc. Metals
Entry Stair Painting I Surface Coating
Landscape wI Irrigation
WA State Sales Tax@ 8.7%
Ancillary Costs:
Design: (Based on Estimates Above)
Contingency (Based on Estimates Above)
Print Plans & Spec's (Per Each Bid Package)
Advertisements (Per Each Bid Package)
Building Permits & Fees (Per Each Bid Package)
Project Management (Per Each Bid Package)
Priority 2 - Estimated Total:
$42,000
$5,000
$26,000
$7,000
$43,000
$5,500
$18,000
$12,746
$159,246
$22,000
$33,000
$1 ,300
$700
$800
$18,000
PRIORITY 3 - ITEMS & COST ESTIMATES
Bid Package
Upgrade Electrical Pnls. to 300 Amp
Landscape Lighting
Convert Exterior Restroom to Storage
Librarian Station (Casework)
Replace Planters wI Tile Surface & "Orb" Monument
Wall Sconces @ Both Sides of Entry Doors
Entry Walk-Off Mat in Vestibule
WA State Sales Tax @8.7%
Ancillary Costs:
Design: (Based on Estimates Above)
Contingency (Based on Estimates Above)
Print Plans & Spec's (Per Each Bid Package)
Advertisements (Per Each Bid Package)
Building Permits & Fees (Per Each Bid Package)
Project Management (Per Each Bid Package)
Priority 3 - Estimated Total:
ESTIMATED COST SUMMARY:
$17,000
$5,000
$4,000
$25,000
$10,000
$ 7,000
$1 ,000
$6,003
$75,800
$235,046
$75,003
$10,000
$4,500
$1 ,300
$700
$800
$18,000
$35,300
$110,303
*Priority 1 $400,000 + Priority 2 & 3 = $745,349 ...Say ..$750,000
*Note: Priority 1 does not include City Project Management costs of $24,339 as a
result of the funding shortfall. This may require a budget adjustment at
a later date.
Priority 2 3
Cost Estimates Summary
DJM 18/25/05
m
o .;"--',"<;-.i
Paula Johnston, City Clerk
Financial Services
Paula.Johnston@ci,bremerton.wa.us
Tel 360-473-5323
Fax 360-473~5200
345 Sixth Street, Suite 600
Bremerton, WA 98337
August 4, 2005
Gail A. Fleming
Drury Construction Co., Inc.
19302 Powder Hill Place, Suite 100
Poulsbo, WA 98370
Re: Bremerton Downtown Library project bid
Dear Ms. Fleming:
Thank you for your letter dated July 19, 2005, regarding your concerns of an apparently non-responsive
bid for the Bremerton Downtown Library project. We appreciate and welcome any input from the
community.
As you requested, our legal department has reviewed your concern. Ken Bagwell, Assistant City
Attorney, has determined that the bid in question does not need to be rejected.
You are correct that the bid in question did not list a subcontractor whose bid amount will exceed 10% of
the submitted bid price. However, this is an insubstantial variance from the bid requirements. The test for
whether a variance is insubstantial is whether the variance gives the bidder a substantial advantage or
benefit not enjoyed by the other bidders.
In this particular instance, the subcontractor was listed as a sole provider of a necessary service and was
actually listed in the specifications for the library project. All bidders were aware of the costs associated
with this particular subcontractor. Additionally, any bidder awarded the contract was required to use this
particular subcontractor, whether the subcontractor was or was not listed in the bid documents. There is
no benefit or advantage given to a bidder who did not list the subcontractor.
Again, I appreciate and welcome your input. Please feel free to call me at (360) 473-5323 if you have any
further questions,
Sincerely,
4e7
~va4.
Paula Johnsto ,City Clerk
'J;;
- fttfi---=~
cc: Dan Miller, Project Manager
JUL. 19. 2005 3: 55PM
CONSTRUCTION COMPANY
NO. 7568 P. 1
Date:
To:
Fax No.:
=AX
DRURY CONSTRUCTION CO., INC.
19302 Powder Hill Place. Suite 100
Poulsbo, Washington 98370
Tel (360) 394-6000 " Fax (360) 394-6005
Email gail@druryconslruction.com
....- -<;R.Il -- l..ml4amo.-._ - 1lI'_.,.(I~_
~p~-
July 19, 2005
City of Bremerton
360-473-501 a
From: Gail Fleming
Re: Br~merton Downtown Library project bid
Pages: 1, including this cover page
-
~
.tI._
The apparent low bidder appears to be non-responsive with regards to the requirements in
the bid documents for the Bremerton Downtown Library project.
We suggest your attorney specifically review page B of the documents asking for the names
of all "firms whose subcontract will exceed 10% of the submitted bid price". This job
specified a sole source Subcontractor who submitted a quote greater than 10% of the bids
from two general contractors.
We welcome your review and comments.
Drury Construction Co. Inc.
~Q.
by Gail A. Fleming, Principal
DATE SUBMITTED: August 9, 2005
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
05 - ,C[ ~
L. I
........................................................................................
SUBJECT: Agreement to Supply Local
Telecommunications Service
Committee Meeting Date: Au st 24, 2005
COUNCIL MEETING Date: August 31, 2005
Department: ,PW &U, Electroni
Presenter: Bob Till
Phone: 473-5357
SUMMARY: To switch the service agreement from Focal communication to Qwest
ATTACHMENTS: Council Summary; Services Agreement
FISCAL IMP ACTS (Include Budgeted Amount): No impacts, Qwest has a promotional offer
(deadline August 31 )reducing the current cost by $ 1,200.00 per year for overall savings of
$3,600.00 on a 3 year contract.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATIORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAIJBUDGET: JJ l:d~/J.. ~. /p ' CONSENT AGENDA 'J;;i7
OPERATIONS: ~~ ~r..
COUNCIL PRESIDENT: -p~ v{M:~,-- ... ---'
D --, wif~ Q....,"st""
RECOMMENDED MOTION: Move to approve agreement^to provide telecommunications
services to the City phone systems. and authorize the Mayor to finalize and execute the necessary
contract documents for this agreement.
-.
'-:>
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Council Summary
Agreement to Provide Local Telecommunications Service
In 2001 the City of Bremerton switched its local telecommunications service from Qwest
to Focal, in a cost savings effort. Qwest has a promotional offer good through the end of
August with a savings of approximately $3,600.00 over the course of a three-year
agreement. We believe the service with Qwest will be of a higher qua~ity than what we
have experienced in the past, particularly with regard to the accuracy of City information
in the phone book.
We will need a 30 day advance notice with the current vendor before services canbe
terminated and Qwest can resume. The service contract with Qwest has a term of 36
months.
Agreement Number: See Exhibit 1
QWEST ISDN PRSIDSS SPRING FLING PROMOTION
April 4, 2005 - July 1, 2005
(THIS PROMOTIONAL OFFER IS NOT SUBJECT TO NEGOTIATION OR REVISION BY CUSTOMER)
This Owest Corporation Promotion Agreement ("Agreement") is between CITY OF BREMERTON ("Customer") and Qwest
Corporation ("Owest") and is effective on the date Owest signs it ("Effective Date"). Owest will provide, and Customer will purchase,
Owest Integrated Services Digital Network Primary Rate Service ("ISDN PRS") and/or Digital Switched Service ("DSS") with
"Advanced" or "Basic" trunks provided under this Agreement (individually and collectively referred to as "Service").
Any Owest tariff, price list, price schedule, administrative guideline, and/or catalog (hereinafter, whether individually or together, "Tariff')
applicable to the Service is incorporated into the Agreement by reference and made a part of the Agreement. The Service will be
governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff te.rm or condition does not apply to the
Service, the terms and conditions set forth in this Agreement. In the event of a conflict in any term or condition of any documents that
govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the Tariff,
this Agreement, and Owest records.
1. Scope.
1.1 ISDN PRS. If Customer purchases ISDN PRS, Owest will provide digital intraLA T A, intrastate, switched local exchange
telecommunications service utilizing ISDN PRS technology that transports and distributes voice, data, image, andlor facsimile
communications separately or simultaneously over the public, switched, local exchange network. ISDN PRS components include a
DS1 facility, an ISDN PRS service configuration, and trunks as indicated on Exhibit 1, which is incorporated herein by this reference.
ISDN PRS operates at 1.544 megabits per second (Mbps). ISDN PRS may be configured as 23 B channels and one 0 channel, 24 B
channels only (24B), or 23 B channels and one back-up 0 channel (23B+BUD). Each B channel transmits voice or data at 64 kilobits
per second (Kbps). The 0 channel carries signaling information at 64 Kbps.
1.2 ISDN PRS-UAS. If Customer purchases ISDN PRS, Customer may also select Uniform Access Solution service as an
optional feature as that service is defined in the Tariff under Primary Rate Service. ISDN PRS-UAS is digital service with single-number
route indexing, which includes a DS1 facility with common equipment, and a networkconnection which provides for local exchange, toll
network access. Each DS1 facility utilizes the channels configured as: (a) In-only trunking; or (b) Two-way trunking.
1.3 DSS. If Customer purchases DSS, Owest will provide Customer with the use of (a) a digital DS1 facility, as indicated on
Exhibit 1; (b) common equipment to interconnect with Owest's local exchange switching office; and (c) advanced or basic flat usage
trunks and DID trunk termination for access to the local exchange and toll networks. DSS Advanced and Basic operates at a maximum
speed of 1.544 Mbps.
1.4 If Customer is a Voice over Internet Protocol ("VoIP") provider, Customer represents and warrants that Service will not be used
to terminate or originate VolP calls with ISDN PRS. If at any time during the Term of this Agreement this representation and warranty is
no longer accurate, Customer agrees to notify Owest and execute a new agreement.
2. Term.
2.1 This Agreement will expire 36 months from the date Service is available to Customer under this Agreement, as evidenced by
Owest records ('Term"). The Minimum Service Period for Service is 12 months from the date Service is available for use ("Minimum
Service Period"). Any Service installed for 12 consecutive months prior to the Effective Date of this Agreement will be deemed to have
met the Minimum Service Period.
2.2 Should Owest continue to provide Service after this Term without a further agreement, the service charges will convert to the
applicable month-to-month rate under the terms and conditions of the applicable Tariff.
3. Service Provided.
3.1 Owest will provide and maintain the Service at the locations and in the quantities specified in Exhibit 1.
3.2 Owest will notify Customer of the date Service is available for use. In the event Customer informs Owest that it is unable or
unwilling to accept Service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business
days from such date ("Grace Period"). If after the Grace Period, Customer still has not accepted Service, Owest may either: (a)
commence with regular monthly billing for the subject Service; or (b) cancel the subject. If Customer (c) cancels an order for Service
prior to the date Service is available for use, or (d) is unable to accept Service during the Grace Period and Owest cancels the Service
at the end of the Grace Period, the cancellation charges set forth in the Tariff may apply.
4. Charges and Billing.
4.1 Customer will pay the total monthly recurring charges ("MRC") and nonrecurring charges ("NRC") specified in Exhibit 1. The MRC
will not change during the Term of the Agreement. Customer must pay Owest all charges by the date on the invoice. Any amount not paid
when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff, the amount due
will be subject to late interest at the lesser of the rate of 1 Yz% per month or the highest rate permitted by applicable law. Customer must also
pay Owest any applicable Taxes assessed in connection with Customer's Service. "Taxes" means federal, state and local taxes,
surcharges, and other similar charges. Owest may in its sole discretion modify the payment terms or require other reasonable assurance of
payment if Customer has failed to pay any invoice when due or there is a material and adverse change in Customer's financial condition.
Copyright @ 2005 Owest. All Rights Reserved.
Page 1
CONFIDENTIAL
v1.050505
PRS/DSS Spring Fling
4.2 The .charges for Service under this Agreement, including any and all discounts to which Customer may be entitled, will be offered
and charged to Customer independently from and regardless of the Customer's purchase of any customer premises equipment or enhanced
services from Qwest.
4.3 If Service is not available in Customer's switch, interoffice mileage MRCs and NRCs for transport between switches will apply.
5. Service Changes.
5.1 Moves. Customer may move the physical location of all or part of Service to another location within a Qwest serving area,
provided the following conditions for the move are met; (a) Service moved to the new location is provided to Customer by Qwest;
(b) Customer advises Qwest that Service at the new location replaces existing Service; (c) Customer's requests for the disconnection of
the existing Service and the installation of Service at the new location are received by Qwest on the same date; (d) Customer requests
that Qwest install the Service at the new location on or prior to the disconnection date of the existing Service; (e) Customer agrees to
execute a written amendment evidencing the move; and (f) Customer agrees to pay all applicable rates and charges for the requested
move and Service at the new location.
5.2 Additions to Service. Service may be added to this Agreement at the rates specified herein. Qwest will supply such additions
to Customer, subject to the following conditions: (a) Customer executes an appropriate amendment for such service no later than July
1, 2005; (b) the additional Service(s) installation must be completed no later than September 2,2005, unless such installation delay is
caused by Qwest; (c) Qwest commercially offers such additions and necessary facilities are technically and practicably available; and
(d) a new Minimum Service Period is established for each new addition to Service.
6. Termination.
6.1 Either party may terminate Service and/or this Agreement in accordance with the applicable Tariff or for Cause. "Cause"
means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) in the event of a
payment default by Customer, within five days of separate written notice from Qwest notifying Customer of such default (unless a
different notice period is specified in the Tariff); or (b) in the event of any other material breach, within 30 days of written notice (unless
a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of
the termination date. If, prior to the conclusion of the Term, Service is terminated either by Qwest for Cause or by Customer for any
reason other than Cause, then Customer will also be liable for a termination charge "Termination Charge".
6.2 If such termination is during the Minimum Service Period, Customer will pay a Termination Charge for the affected Service of
100% of the MRC multiplied by the number of months (or fraction thereof) remaining in the Minimum Service Period, plus 50% of the
MRC multiplied by the number of months remaining in the Term after the Minimum Service Period.
6.3 If such termination is after the Minimum Service Period, Customer will pay a Termination Charge for the affected Service of
50% of the MRC multiplied by the number of months (or fraction thereof) remaining in the Term.
6.4 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and
signs a new service agreement(s) for any other Qwest provided service(s); (b) the new service agreement(s) have a total value equal to
or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges,
applicable nonrecurring charges, or previously billed but unpaid recurring and/or nonrecurring charges); (c) Customer places the orders
to discontinue Service and establish new service at the same time (within 30 calendar days of each other if service is in New Mexico);
(d) the new service(s) installation must be completed within 30 calendar days of the disconnection of Service, unless such installation
delay is caused by Qwest; and (e) a new minimum service period goes into effect, if applicable, when the new service agreement term
begins. The Waiver does not apply to changes between regulated and unregulated or enhanced products and services.
7. Out-Ot-Service Credit. If Qwest causes a Service interruption, an out-of-service credit will be calculated under the state local
exchange Tariff. If there is no applicable tariff and the interruption lasts for more than 24 consecutive hours after Qwest receives notice
of it, Qwest will give Customer credit calculated by: (a) dividing the monthly rate for the affected Service by 30 days; and then (b)
multiplying that daily rate by the number of days, or major fraction, that Service was interrupted.
8. Disclaimer ot Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR
CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL
RESPONSIBILITY FOR USE OF THE SERVICE.
9. Limitation ot Liability. NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR
REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICE OR THE AGREEMENT, REGARDLESS OF
THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. WITH REGARD TO ANY SERVICE RELATED CLAIM BY
CUSTOMER FOR DAMAGES THAT IS NOT LIMITED BY THE PRECEDING SENTENCE, CUSTOMER'S EXCLUSIVE REMEDIES
FOR SUCH CLAIM WILL BE LIMITED TO THE APPLICABLE OUT-OF-SERVICE CREDITS, IF ANY. Notwithstanding the foregoing,
the limitation of liability in this Section will not apply to: (a) a party's indemnification obligations; and (b) Customer's payment obligation
for all charges under the Agreement, including without limitation, Service charges, Taxes, interest, and termination or cancellation
charges.
Copyright@2005Qwest. All Rights Reserved.
Page 2
CONFIDENTIAL
v1.050505
PRS/DSS Spring Fling
10. Personal Injury, Death, and Property Damage. Each party will be responsible for the actual, physical damages it directly
causes to the other party in the course of its performance under the Agreement, limited to damages resulting from personal injury or
death to a party's employees and loss or damage to a party's personal tangible property arising from the negligent acts or omissions of
the liable party; PROVIDED, HOWEVER, THAT NEITHER PARTY, ITS AFFILIATES, AGENTS, OR CONTRACTORS WILL BE
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR FOR ANY
LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER.
11. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) issue any public
announcement regarding, or make any other disclosure of the terms of, the Agreement or use the name or marks of the other party or
its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the
Confidential Information of the other party. Such consent may only be given on behalf of Qwest by its Legal Department. A party may
disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding
to establish rights or obligations under the Agreement, provided that the disclosing party gives the non-disclosing party reasonable prior
written notice. "Confidential Information" means any information that is not generally available to the public, whether of a technical,
business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret
information of the disclosing party; andlor (d) is of such a nature that the receiving party should reasonably understand that the
disclosing party desires to protect such information against unrestricted disclosure. Confidential Information will not include information
that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently
developed by the receiving party.
12. Dispute Resolution; Governing Law. The Agreement and the parties' actions under the Agreement will comply with all
applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any dispute arising out of,
or relating to, the Agreement will be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation
Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, will govern the
arbitrability of disputes. The Agreement will otherwise be governed by the laws of the state where Service is provided, without regard to
its choice of law principles. The costs of the arbitration, including the arbitrator's fees, will be shared equally by the parties; provided,
however, that each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys'
fees). The venue for arbitration will be designated by the party not initiating the action with the exception of any billing collection
disputes, which will be conducted in a location designated by Owest or Denver, Colorado. The venue location designated must be in a
metropolitan area in which JAMS offers its dispute resolution services. A single arbitrator engaged in the practice of law, who is
knowledgeable about the subject matter of the Agreement, will conduct the arbitration. The arbitrator is bound to apply and enforce the
terms of the Agreement. The arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is
required to enforce compliance with this Section (including nonpayment of an award), then the noncomplying party must reimburse all
of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). This provision is not
intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy
between the parties.
13. Notices. Except as otherwise provided herein, all required notices must be in writing and sent to Qwest at 1801 California
Street, Suite 900, Denver, Colorado 80202; Facsimile #: (888) 778-0054; Attn.: Legal Department, and to Customer at its then current
address as reflected in Qwest's records; Attn.: General Counselor other person designated for notices. Except as otherwise provided
herein,all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after
delivered via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by facsimile so long as duplicate
notification is also sent in the manner set forth in subsection (b).
14. General. Customer may not assign the Agreement or any of its rights or obligations under the Agreement without the prior
written consent of Qwest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or a
telecommunications carrier under any circumstances and Customer represents that it will not resell the Service. The Agreement is
intended solely for Qwest and Customer and it will not benefit or be enforceable by any other person or entity, including without
limitation, End Users. If any term of the Agreement is held unenforceable, such term will be construed as nearly as possible to reflect
the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon strict performance of
any provision of the Agreement will be construed as a waiver of any of its rights hereunder. All terms of the Agreement that should by
their nature survive the termination of the Agreement will so survive. Neither party will be liable for any delay or failure to perform its
obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event" means an unforeseeable
event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, fiber cuts,
acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods
and services. The Agreement constitutes the entire agreement between Customer and Owest with respect to the subject matter hereof,
and supersedes all prior oral or written agreements or understandings relating to the subject matter hereof. Except for Tariff or Service
modifications initiated by Owest, all amendments to the Agreement must be in writing and signed by the parties' authorized
representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a
modification of any contract to that extent without further notice. Qwest reserves the right at any time to reject any handwritten change
to the Agreement.
Copyright@ 2005 Owest. All Rights Reserved.
Page 3
CONFIDENTIAL
v1.050505
PRSIDSS Spring Fling
The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute and
authorize this Agreement.
CITY OF BREMERTON]
Qwest Corporation
Authorized Signature
Authorized Signature
Name Typed or Printed
Name Typed or Printed
Title
Title
Date
Date
Address for Notices:
Promotion Expiration Date: July 1, 2005.
The pricing contained herein will only be valid if the Agreement is executed by Customer on or before the Promotion Expiration Date. If this
Agreement is not executed by Customer by the Promotion Expiration Date, this Agreement will be considered null and void, and is not
enforceable by either party.
Copyright @ 2005 Qwest. All Rights Reserved.
Page 4
CONFIDENTIAL
v1.050505
PRSIDSS Spring Fling
Agreement Number: WA52687
EXHIBIT 1
QWEST ISDN PRS/DSS SPRING FLING PROMOTION
FOR THE STATE OF WASHINGTON
CITY OF BREMERTON
Customer
Spring Fling Promotion MRCs & NRCs
Service MRC NRC
ISDN PRS (DS1 & DS3) $585.00 $0.00
DSS Advanced (DS1 & DS3) $399.00 $0.00
DSS Basic (DS1 & DS3) $645.00 $0.00
Term: 36 months
Customer Address
Circuit 10
or
BTN
Qty.
Type of Service
&
(USOC)
ISDN PRS DS1 (ZPG23)
ISDN PRS DS1 (ZPG23)
Configuration for
ISDN PRS Only
23B+D (ZPXJ3)
23B+D (ZPXJ3)
Total Service
MRC per
Location
585.00
585.00
Mileage-related Components and Charges (If applicable).
Mileage
MRC/each
Mileage
NRC/each
Customer Address
Circuit 10 or BTN
Description
(USOe)
Qty.
Total Mileage MRCs and NRCs:
Copyright @ 2005 Owest. All Rights Reserved.
Page 5
CONFIDENTIAL
v1.050505
PRS/DSS Spring Fling
DATE SUBMITTED: 08-16-05
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
05 - fCf. cr
tt-S
........................................................................................
SUBJECT: A Resolution adopting the
National Incident Management System
(NIMS) for all incidents within the City of
Bremerton.
Committee Meeting Date: 08-24-05
COUNCIL MEETING Date: 08-31-05
Department: Fire
Presenter: Al Duke, Fire Chief
Phone: 360-473-5381
SUMMARY: Homeland secf.. 'ty Directive 5 has required the Secretary of the Department of
Homeland Security to develop;' d administer a National Incident Management System that provides a
consistent nationwide approac . This resolution will adopt the National Incident Management System.
ATTACHMENTS: Resolution #
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGEND~
~ -
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
'-----
RECOMMENDED MOTION: To approve Resolution # aq71 that adopts the National Incident
Management System for the City of Bremerton.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. ~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, designating the National Incident
Management System (NIMS) as the basis for all incident management
in the City of Bremerton.
WHEREAS; Homeland Security Presidential Directive (HSPD) -5, directed the
Secretary of the Department of Homeland Security to develop and administer a National Incident
Management System (NIMS), providing a consistent nationwide approach for federal, state,
local, and tribal governments to work together more effectively and efficiently to prevent,
prepare for, respond to and recover from domestic incidents, regardless of cause, size or
complexity; and
WHEREAS; The collective input and guidance from all federal, state, local, tribal,
homeland security all-hazards partners has been, and will continue to be, vital to the
development, effective implementation and utilization of a comIJrehensive NIMS. It is necessary
and desirable that these agencies and personnel coordinate their efforts to effectively and
efficiently provide the highest levels of incident management; and
WHEREAS; To facilitate the most efficient and effective incident management, it
is critical that federal, state, local, and tribal organizations utilize standardized terminology,
standardized organizational structures, interoperable communications, consolidated action plans,
unified command structures, uniformed personnel qualifications standards, unifonn standards for
planning, training, and exercising, comprehensive resource management, and designated incident
facilities during emergencies or disasters; and
WHEREAS; The NIMS standardized procedures for managing personnel,
communications, facilities, and resources will improve the City of Bremerton's ability to utilize
federal funding to enhance the City of Bremerton's readiness, maintain Firefighter safety, and
streamline incident management processes; and
WHEREAS; The National Commission of Terrorist Attacks (9-11 Commission)
recommended adoption of a standardized Incident Command System (ICS). The ICS
components ofNIMS are already an integral part of various incident management programs; and
WHEREAS; The Governor of the State of Washington has proclaimed that the
National Incident Management System (NIMS) will be adopted and implemented statewide;
NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
1
2005 NIMS Designation
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby establishes the National Incident
Management System (NIMS) as the standard for incident management for the fire department.
SECTION 2. Severability. If anyone or more sections, sllbsections, 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 effeciand be in force
immediate1yupon its passage.
of
PASSED by the City Council of the City ofBremerton, Washington this _ day
,2005.
DAREN NYGREN, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
P AULA JOHNSTON, City Clerk
R:\LEGAL\Resolutions\Fire\2005-Resolution Designating NIMS.doc
2
2005 NIMS Designation
DATE SUBMITTED: August 15,2005
BILL# 05 - 200
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
L"~
........................................................................................
SUBJECT: Amendment to Bremerton
Housing Authority Contract for supplemental
police services
Committee Meeting Date: August 24, 2005
COUNCIL MEETING Date: September 7, 2005
Department: ' Police Department
Presenter: Lt. Rawlins
Phone: 473-5233
SUMMARY: The proposed addendum to the Bremerton Housing Authority Contract for
supplemental police services provides for additional police services. The City will receive payment
for the services in an amount not to exceed $16,500.
ATTACHMENTS: Proposed contract addendum
FISCAL IMPACTS (Include Budgeted Amount): The proceeds from this contract will fund the
additional police services.
APPROVALS: ~~
DEPARTMENT DIRECTO~~ C\~, ,o..,~+.""~~ _.:._-'
CITY ATTORNEY: ""X'< / ' ~, .....~....f. "':';;>
FINANCE DIRECTOR: "
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
,\ ..,
/. - ,-, /
./ l.( j // /
f.,/.,,,~f~
,,/1 . . . ,.1
L4~~ ~,.. '.,//t,.clt-./
_ i~
y~ (" i /~",y>~~"~-~-=--
RECOMMENDED MOTION: Move to approve the Bremerton Housing Authority contract
addendum for supplemental police services and authorize the mayor to execute the agreement with
substantially the same terms and conditions as presented.
CONSENT ~E~~)3t:
/ '~~..'" -.'. \~
r ' ,,/
'"," ~"- .
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
Contract Addendum for Supplemental Police Services
The Housing Authority of the City of Bremerton ("BHA") and the Bremerton Police Department ("City"),
referred to collectively as the "Parties", are entering into an agreement for supplemental police services
as of August 1, 2005, for a term of two months.
The extended contract will apply to the overtime salary for the WestPark Community Officer and other
Officers from the City. The following are the professional services to be provided:
The Bremerton Police Department will obtain additional funding from WestPark in 'order to conduct
increased proactive police patrolslcommunity policing in WestPark through September 2004. This
would consist primarily of bikelfoot patrols, Special Operations Group (SaG) directed patrols, and
overtime to support WestPark Officer Initiatives.
Numerous complaints have been made by WestPark residents concerning illegal drug use/sales and
heavy pedestrian traffic late at night.
Supplemental Bike/Foot patrols would be 2 person teams operating at 4 hour shifts up to 3 times a
week. Bike patrols have proven to be valuable tools keeping undesirables out of West Park and
identifying criminal activity.
The Supplemental SaG units would work 4 to 8 hour shifts with their entire team (6 persons). SOG
would work approximately every other week. SaG has some open drug cases, involving WestPark
residents and this would give them time to work these cases.
Emphasis patrols will be held once a month. The emphasis patrols consist of 4 to 6 bike officers on
varying shifts and SaG members on foot. They will conduct proactive patrols throughout WestPark to
address criminal activity.
The Supplemental Services will not exceed $16,500 dollars.
BREMERTON HOUSING AUTHORITY
~'" ""
'~~ - ,,; ""-''''
_ ,," -~":::~:::~.::2;';"'"~~:
By: .! -~,
Merrill Wallace II, Executive Director
CITY OF BREMERTON ~
B~4
Robert D. Forbes, Chief of Police ' --
A1~y"r
APPROVED AS TO,FORM:
By:
Roger A. Lubovich, City Attorney
RECEIVED FOR FILING:
By:
Paula Johnston, City Clerk
CONTRACT FOR SUPPLEMENTAL POLICE SERVICES
The Housing Authority of the City of Bremerton ("BHA") and the City of Bremerton
("City"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: The City agrees to perform the services more specifically described in the Scope
of Work, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of
Work may be modified only pursuant to Section IX.G. of this Agreement. If BHA desires
services not specified in the Scope of Work, then the parties, by letter agreement signed by both
parties, may add the additional services to the Scope of Work, and adjust the compensation, if
appropriate.
II. Term: This Agreement commences on October 1, 2004, and terminates on September
30,2005 unless another date is substituted pursuant to Sections IX.F. or VIII.
III. Compensation: In consideration of the services provided pursuant to this Agreement,
BHA shall pay City $60,605.88 ($4,956.38 x 3 months-.october 1 to December 31, 2004,
$5,081.86 x 9 months- Jan 1, to September 30, 2005). BHA shall pay City an additional
$11,000.00 for extended supplemental services as outlined in Subsection 4 under the Section of
Illustrative Tasks in the Scope of Work of Exhibit A.
City shall submit monthly billing statements. Upon receipt of a conforming monthly .
billing statement, the BRA shall promptly process payment.
City 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. City shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be adjusted, if appropriate, and
specified by letter agreement signed by both parties.
If a billing statement does not conform to this Agreement, BRA may withhold payment
until the statement is reconciled. Such withholding does not relieve City of its obligations under
this Agreement.
IV. Relationship of Parties: City represents that it is skilled in the matters addressed in the
Scope of Work and is performing independent functions and responsibilities within its fidd of
expertise. City and its personnel are independent contractors and not employees of BRA. City
and its personnel have no authority to bind the BHA or to control the BRA's employees and
other Consultants. None of the benefits provided by BRA to its employees, including, but not
limited to, compensation, insurance, and unemployment insurance are available from BRA to the
employees, agents, representatives, or sub-Consultants of the City. City will be solely and
entirely responsible for its acts and for the acts of City's agents, employees, representatives, and
sub-Consultants during the performance of this Agreement.
Page 1 of 12
BRA shall have the right, with reasonable cause, to have a different officer assigned to
the position. Reasonable cause shall be the failure to provide the level of service BRA
reasonably expects on all categories in the Scope of Work.
As an independent Contractor, Contractor is responsible for its own management. The
BHA's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over City or its personne1.
As an independent contractor, City 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. Failure of the contractor to fully comply with tax and licensing
requirements will be considered a material breach of contract and at the option of BRA will be
cause for such action as may be available by law including termination of the contract.
v. Indemnification: BHA shall protect, defend, indemnify, and hold harmless the City, its
officers, officials, employees, and agents, from any and all claims, demands, suits, penalties,
losses, damages, judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of
or in any way resulting from acts or omissions of the BHA, its officers, employees, agents,
and/or subcontractors.
The City shall protect, defend, indemnify, and hold harmless BHA, its officers, officials,
employees, and agents, from any and all claims~ demands, suits, penalties, losses, damages,
judgments, attorneys' fees, and/or costs of any kind whatsoever, arising out of or in any way
resulting from acts or omissions of the City, its officers, employees, agents, and/or
subcontractors.
If a claim is made that both parties are responsible for all or a portion of damages alleged
to have been sustained as a result of acts or omissions of the parties hereto, then the above
referenced indemnity and hold harmless provisions shall apply only to the extent of the
proportion of liability attributable to the indemnifying party. If liability is not or cannot be
apportioned, then the parties shall be responsible for their own costs and attorneys fees incurred
in the matter and shall indemnify and hold the other party harmless for one half of any amount
awarded by the Court or other decision making body with jurisdiction as a result of the alleged
acts or omissions.
Except for damages caused by the sole negligence of the City, the provisions of the
proceeding paragraph not withstanding, BHA's obligation under this section shall include, but
not be limited to, the duty to promptly accept tenders of defense and provide defense to the City
at BHA's expense.
VI. Insurance: Prior to the commencement date of this Agreement, City shall provide
Certificates of Insurance to the BHA's Risk Manager verifying the following coveTage: 1) a
professional liability policy ("E&O") providing coverage of $2,000,000 per occurrence for errors
and omissions committed by City while performing its obligations under this Agreement, and 2)
a comprehensive general liability ("CGL") policy providing coverage of at least $2,000,000 per
Page 2 of 12
occurrence and including bodily injury and property damage. Both policies shall remain in full
force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide
the Risk Manager with 30 days' written notice of any cancellation or change of coverage of either
policy.
VII. Nondiscrimination: City shall not discriminate in employment or services to the public
on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except
for employment actions based on bona fide occupational qualification.
VIII. Termination: This Agreement may be terminated, at will, by either Party upon sixty (60)
days notice to the other Party. 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. Notice by
BHA shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If BHA 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 canceled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, BHA may summarily terminate this Agreement. Termination shall be
effective ten calendar days after City's receipt of the written notice by certified mail.
A. Excusable Delays: The right of City to proceed shall not be terminated nor shall City
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
BHA, 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 City, including, but not restricted to, acts of
God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the
City must promptly notify BHA within ten (10) calendar days in writing of the cause of the
delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, BHA 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, BHA shall pay for all services
performed by the City to the effective date of termination, as described on a final invoice
submitted to BRA. After termination,BHA may take possession of all records and data within
the City's possession pertaining to this project which may be used by BRA without restriction.
Any such use not related to the project which City was contracted to perform shall be without
liability or legal exposure to the City.
Page 3 of 12
IX. General Conditions:
A. Reports and Information: When requested by BHA, City 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. City 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 BHA. All written information submitted by BHA to the City in connection with the
services performed by the City under this Agreement will be safeguarded by the City to at least
the same extent as the City safeguards like information relating to its own business. If such
information is publicly available or is already in City's possession or known to it, or is rightfully
obtained by the City from third parties, City shall bear no responsibility for its disclosure,
inadvertent or otherwise.
All data, documents, and files created by City under this Agreement may be stored at
City's office in Bremerton, Washington. City shall make such data, documents, and files
available to BHA upon its request at all reasonable times for the purpose of editing, modifying
and updating as necessary until such time as BHA is capable of storing such information in the
BHA's offices. Duplicate copies of this information shall be provided to BHA upon its request,
and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by City pursuant to this Agreement, are instruments of service with
respect to the project and are the property of BHA. Any reuse by BHA for other than the
specific purpose intended will be at BHA's sole risk.
C. City to Maintain Records to Support Independent Contract Status: On the effective
date ofthis Agreement (or shortly thereafter), City shall:
1. File a schedule of expenses with the Internal Revenue Service for the type of
business City conducts;
2. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number from the State
of Washington; and
3. Maintain a separate set of books and records that reflect all items of income and
expenses of City's business, all as described in the Revised Code of Washington
(RCW) Section 51.08.195, as required to show that the services performed by
City under this Agreement shall not give rise to an employer-employee
relationship between the parties which is subject to RCW Title 51, Industrial
Insurance.
D. Work Performed at City's Risk: City shall take all precautions necessary and shall be
responsible for the safety of its employees, agents, and subconsultants in the performance of the
Page 4 of 12
work hereunder and shall utilize all protection necessary for that purpose. All work shall be
done at City's own risk, and City shall be responsible for any loss of or damage to materials,
tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Contractor shall perform the work authorized under this
Agreement at its office in the Westpark Community Center, 76 Russell Road, Bremerton,
Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take
place at the Westpark Community Center office, or at locations mutually agreed upon by the
parties.
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect. .
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
BHA Address
Bremerton Housing Authority
110 Russell Road
Bremerton, W A 98312
City Address
City of Bremerton
Police Department
239 Fourth Street
Bremerton, WA 98337
I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure ofBHA to insist upon strict performance of any of
the covenants and agreements contained herein, or to exercise any option herein conferred in one
or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: City shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court:
M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
Page 5 of 12
N. Assignment: Any assignment of this agreement by City without the written consent of
BHA shall be void.
O. 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.
HOUSING AUTHORITY OF
THE CITY OF BREMERTON
fU tlyor'"
~
By: Merrill Wallace II, PHM
its: Executive Director
Date: IllcPJllr~'V'
Approved as to form:
.:' j "-
. 1/ -P r-
..::.~ ~ -........
Bremerton City Attorney
Page 6 of 12
EXHIBIT A
SCOPE OF WORK
To enforce the law and assure that unlawful activity, including drug-related crimes in and around
housing owned or managed by BHA is identified, reported, monitored, and tracked.
To support the goals and objectives of the BHA and the residents of the' Westpark Housing
development in the prevention of crime and the elimination of drug-related criminal activity.
SUMMARY OF CONTRACTED SERVICES TO BE PROVIDED BY BPD
1. Provide a commissioned and qualified Police Officer to the Westpark Housing
development to deliver supplemental law enforcement services for a period of one (1)
year, which may be extended.
2. Provide information required to compile data for criminal analysis and statistical reports
for the City of Bremerton and Westpark specific.
3. Cooperate to the fullest extent possible with other law enforcement and governmental
agencies and the BHA to achieve the goals and meet the objectives as stated in the Scope
of Work.
4. All of the above will occur in addition to the baseline services already afforded to the
residents of the City ofBremerton as outlined in Attachment A: "BPD Baseline
Services. "
5. Provide extended supplemental services during the summer months for increased
coverage and special projects.
ILLUSTRATIVE TASKS
1. Liaison with BHA and residents of the Westpark Housing Development.
a. Attend and participate in meetings when required.
b. Document and forward all reports of criminal activity in Westpark to the BHA in
a timely manner.
c. Keep the Director of Housing or his/her representative informed of all
investigations as appropriate.
d. Maintain a filing system for confidential documentation in strict compliance with
local, state, and federal laws.
e. Periodically inspect building exterior and fencing for physical security and safety
in Westpark and prepare a report of all findings.
Page 7 of 12
f. Participate in the Washington Law Enforcement Exploring Advisors (WLEEA)
program as a mentor to participants and promote the program within the
community.
2. Program Reporting.
a. Prepare and provide progress reports to BRA.
b. Monitor and track all expenditures and accomplishments of supplemental
activities.
c. Provide crime statistics and other related data for program reporting purposes.
3. Supplemental Services.
a. Address the following activities:
1. Drugs and Gangs
11. Criminal Prosecution
111. Organized Crime
IV. Domestic Violence
b. Develop Scope of Work for all supplemental activities needed.
c. Obtain appropriate authorization and approval from BRA.
d. Monitor performance of supplemental activities to ensure goals are being
achieved.
e. Review and approve monthly payment requests.
f. Negotiate contracts for additional services.
g. Respond to calls if patrol officer is not available. The patrol officer is to be the
primary point of contact for calls; responding to calls is not the sole responsibility
of the contracted Westpark officer.
4. Extended Supplemental Services During Summer Months
a. Supplemental bike patrols operating with two person teams in four-hour shifts,
three times per week.
b. Supplemental Special Operations Groups (SOG) patrols operating with the entire
team of six persons in four-hour shifts, every other week.
c. Two emphasis patrols consisting of four to six bicycle officers.
d. Overtime for the Westpark Community Officer to support special projects.
Page 8 of 12
5. Investigations.
a. Investigate all reports of unlawful activity, including all calls taken outside of the
hours at the Westpark Community Center.
b. Prepare comprehensive detailed reports on all investigations.
c. Maintain detailed files on investigations.
d. Maintain monitoring and tracking logs of all investigations.
e. Perform special inspection of public housing units when reports of illegal activity
have been reported or suspected.
6. Hearings.
a. Attend all hearings to present Housing Authority findings.
7. Evictions.
a. Serve Summons and Complaints for Unlawful Detainers on tenants.
b. Represent Housing Authority interests in court..
c. Coordinate all physical evictions with Sheriffs Department.
8. Resident Education.
a. Circulate information to residents about security and safety.
b. Coordinate and attend resident safety and block watch meetings.
9. Miscellaneous Functions.
a. Special projects as assigned by BHA and agreed to byBPD.
10. Service Objective - Responsibilities to the Public.
a. Courteous and respectful.
b. Responsive to requests.
ll. Organization Improvement.
a. Commitment to a philosophy of quality.
b. Display initiative to resolve problems.
c. Cost-effective use of the organizations resources.
Page 9 of 12
BHA, in its efforts to support and promote a good working relationship with BPD will provide
the following support:
1. Provide office space and meeting rooms as required for the implementation of this
enforcement effort.
2. Cooperate to the fullest extent possible with BPD and other judicial, governmental, and
law enforcement agencies.
PROGRAM EVALUATION
City and BHA will jointly develop and utilize an effective assessment tool for evaluating
contract compliance and overall performance. A performance assessment and compliance review
will be conducted quarterly by both BHA and City or as may be necessary, to identify areas of
concern.
Page 10 of 12
ATTACHMENT A
BPD BASELINE
Baseline Services to Public Housing
Residents by Local Law Enforcement
Agencies
u.s. Department of Housing
and Urban Development
Current law enforcement baseline police services are defined, but may not be limited to, as the
ordinary and routine police services provided to the residents of public housing developments as
a result of the overall, city/county-wide deployment of police resources to respond to crime and
other public safety incidents, including 911 communications, processing of calls for services,
routine patrol, police officer response to calls for service, and investigative follow-up of criminal
activity. The actual or estimated time spent on supporting basic patrol and investigative services
by administrative and technical personnel may be included in baseline services.
The Westpark Officer will not be involved in baseline services unless available to assist the area
unit that provides the baseline services. The Westpark Officer will respond to Priority One and
Two calls (defined below) with the area unit and will assist in Priority Three, Four, and Five
calls when available.
Current and Supplemental Law Enforcement Services for Public Housing Residents
Police Services Provided to
Public Housing Residents
Patrol Services
Criminal Investigations
Specialized Units
Traffic (if applicable)
Arrests & Processing
Court Time
Dispatch Support
Records Support
Hiring & Training
Administrative Time
Other
Total Time
Current Hours
(Baseline Services)
1700
400
200
400
1100
100
288
150
100
520
200
5158
Proposed Hours Above
Baseline
1490
o
361
400
1194
100
o
o
o
o
o
3545
PRIORITY 1: IMMEDIATE LIFE THREAT
Precedence is usually assigned when speed of arrival may be a matter of life or
death. To aid chances for suspect apprehension, it will also be assigned to
felony crimes or violent crimes involving a weapon that have occurred within
the past five minutes. It is not assigned lightly because in most cases, the
Page 11 of 12
responding field personnel are placing their lives in jeopardy in an emergency
lights-and-sirens run through the streets. It should be emphasized that the
decision to use lights-and-sirens shall be the responsibility of the responding
Public Safety Agency.
PRIORITY 2: POTENTIAL DANGER TO LIFE
Precedence usually includes those calls which demand immediate service, but
may not be sufficiently urgent to require emergency lights-and-sirens response.
A Priority 2 incident is often an incident that could become a Priority 1 if not
dealt with promptly.
PRIORITY 3: PROPERTY THREAT / NO LIFE THREAT
Precedence includes those calls that do not require a lights-and-siren response.
An expeditious response to this type of call could involve apprehending a
suspect of a less violent type of crime. This type of call does not put a life in
jeopardy but has the potential to damage property.
PRIORITY 4: INVESTIGATION / HARASSMENT
All other calls and radio transmissions relative to Public Safety Agencies. It
should be understood that the dispatch may be delayed.
PRIORITY 5: ROUTINE / CITIZEN
All other calls, other than Priority 1, 2, 3 or 4 are routine / citizen. It is
understood that a citizen request dispatch may be delayed.
The person receiving the call will make the original priority assignment as he/she is closest to the
source of available information. The person taking the call has the best opportunity to assess the
tone ofthe call. The original priority may be changed as new information and circumstances
become known. Such changes will be signed and justified in the comments section ofthe event.
Page 12 of 12
DATE SUBMITTED: August 3,2005
BILL #
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
05-201
51\
........................................................................................
SUBJECT: Professional Services
Agreement with Parametrix, Inc. for Beach
Sewer Replacement Predesign.
Committee Meeting Date: August 24, 2005
COUNCIL MEETING Date: September 7, 2005
Department:, PW &U, Engineering
Presenter: Tom Knuckey
Phone: 473-2376
SUMMARY: The existing sewer main located on the beach below Washington Street is prone to
failure and requires replacement. Several options for replacing the pipe have been identified. The
preferred alternative would construct a new sewer main on the beach in conjunction with an elevated
access structure that would connect the existing boardwalk with Evergreen Park. The second
alternative would install individual grinder pumps for all the residences and business along
Washington Street which pump to a new sewer main in Washington Street. Surface improvements
are projected to be constructed on Washington Street ahead of the sewer main replacement project.
This contract will evaluate sewer conveyance alternatives to ensure that future replacement ofthe
beachmain will not require disruption of the Washington Street surface improvements in the event
that the preferred alternative is not implemented. Additionally, this contract will initiate discussions
with regulatory agencies and submit funding applications for expansion of Evergreen Park.
A TT ACHMENTS: 1.) Professional Services Agreement; 2) Council Summary
FISCAL IMPACTS (Include Budgeted Amount): The amount of the Professional Services
Agreement is not to exceed $75,000, the 2005 budget for this project is $100,000. The Scope of
Work requires the City to authorize work on a Task by Task Basis. The City will limit expenditures
in 2005 to the amount currently budgeted and authorized.
APPROV ALS:
DEP ARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FlSCAIJBUDGET: /a.)~ '77' . CONSENT AGENDA
OPERATIONS: t~ ~~ AJo @
COUNCIL PRESIDENT: 9fPV-../ /b/\-~
RECOMMENDED MOTION: Move to approve thf~ofesslOnal ServIces Agree~nt with
Parametrix, Inc. for Beach Sewer Replacement Predesign and authorize the Mayor to finalize and
execute the necessary contract documents for the agreement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
ab/Agenda Bills 2005/Beach Sewer Replacement
o Continue D No Action
COUNCIL SUMMARY
PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC., FOR
BEACH SEWER REPLACEMENT PRE-DESIGN
Contract Summary
The WORK to be completed under this Professional Services Agreement includes
coordination with regulatory agencies and development of sewer conveyance alternatives
for replacement of the existing beach sewer below Washington Street. The preferred
alternative would construct a replacement sewer on the beach with cleaning stations and
access via a new elevated structure that would also be used as an extension of the existing
boardwalk. No viable replacement alternative has been identified along the beach
without construction of associated vehicle access. A second alternative has been
identified that involves intercepting all existing sewer laterals on private property, and
installing pumps to pump the wastewater to a new sewer main on Washington Street.
Since surface improvements along Washington Street will be constructed ahead of the
sewer replacement project, it is necessary to identify a viable alternative that would not
impact Washington Street, should construction ofthe elevated structure not proceed.
This project will evaluate sewer replacement alternatives to ensure that future disruption
of newly constructed improvements is avoided. In addition, this project will begin to
pursue funding and coordinate with regulatory agencies for expansion of Evergreen Park.
Fiscal Summary
The project is funded by the Wastewater fund, and is included in the 2005 budget. There
are no loans or grants associated with this project. The 2005 budget is $100,000,
previous letter contracts have been executed for this project. Anticipated project costs
will exceed the remaining 2005 budget; therefore, the City will authorize the consultant
to proceed with the work on a task by task basis to ensure that expenditures do not exceed
the authorized budget.
City of Bremerton
Beach Sewer Replacement Pre-design
PROFESSIONAL SERVICES AGREEMENT
Beach Sewer Replacement Pre-Design
The City of Bremerton ("City") and Parametrix, Inc., ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated July, 2005, including any attachments thereto, attached hereto as Exhibit
A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the scope of work, on a task by task
basis as approved by the City; 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 $75,000.00. Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
Bremerton/Parametrix, Inc.
Beach Sewer Replacement Pre-Design
Page I of6
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub-Consultants of the
Consultant. Consultant will be solely and entirely responsible for its 'acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event 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
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.
BremertonlParametrix, Inc.
Beach Sewer Replacement Pre-Design
Page 2 of6
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, 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 (XCV) if applicable; and employer's
liability; and
3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
BremertonlParametrix, Inc.
Beach Sewer Replacement Pre-Design
Page 3 of6
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts. .
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. 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 Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
c. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Wark, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written ar
oral, that have not been set forth in the text of this Agreement.
BremertonlParametrix, Inc.
Beach Sewer Replacement Pre-Design
Page 4 of6
1-
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Department of Public Works and Utilities
3027 Olympus Drive
Bremerton, W A 98310
Consultant Address
Parametrix, Inc.
5700 Kitsap Way, Suite 202
Bremerton, W A 98312
1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
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-
BremertonlParametrix, Inc.
Beach Sewer Replacement Pre-Design
Page 5 of6
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 terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
CITY OF BREMERTON
CONSULTANT
By: Cary Bozeman
its: Mayor
Date:
By:
its:
Date:
Approved as to form:
Attest:
Bremerton City Attorney
City Clerk
R:ILEGAL IContractslFORMS\Professional Services Agreement Form (2003).doc
Bremerton/Parametrix, Inc.
Beach Sewer Replacement Pre-Design
Page6of6
SCOPE OF WORK
City of Bremerton
Beach Sewer Replacement Predesign
BACKGROUND
This Scope of Work identifies engineering services for the City of Bremerton (City) for the period of July
I, 2005 through December 31, 2006. This work is being performed in accordance with the scope of work
described in the request for qualifications dated November 30, 2004, as well as subsequent discussions
with City staff. This scope of work represents a best estimate of level of effort required to obtain funding,
and begin agency negotiations for the expansion of Evergreen Park at the Chevron Property and to
develop preliminary designs for an approximate 3,200-foot sewer line replacement along the Port
Washington Narrows between Evergreen Park and the Louis Mentor Boardwalk. This scope of work will
be executed on a time and materials basis with authorization on a task by task basis, further limited to an
annual maximum expenditure. Specific work elements are defined by the following tasks:
e Task 01
Project Management
Preiiminary Sewer Design Services
Evergreen Park Expansion
. Task 02
. Task 03
A list of anticipated deliverables for this project is included as Exhibit D.
TASK 01
PROJECT MANAGEMENT
This task consists of coordination and management reserve.
Task 1.1
Coordination (Parametrix)
Objective:
This task will consist of project management, coordination of subcontractors, project
team meetings, coordination and meetings with City staff, financial management,
reporting, and scheduling.
Approach:
The Parametrix team will use a combination of in-house review, routine client meetings,
and monthly progress reports to deliver elements of work described in this task. The team
will provide for the overview, direction, monitoring, and reporting of task activities in a
manner that allows for the delivery of the project in accordance with the negotiated
scope, budget, and schedule. This will include all day-to-day interaction with the City,
attendance at meetings, routine cOlTespondence, scheduling, budget management, etc.
DeliverabJes: The following will be delivered:
II The team will prepare and deliver routine correspondence, schedule and budget
updates, status reports on progress of work, and summary reports on meetings with
agencies, property owners and City personnel.
Assumptions: The following assumptions are made about this task:
City of Bremerton
Beach Sewer Replacement and Predesign
Scope of Work
255-/896-808
J1//Y 2005
= Project duration for this phase of work is through December 31, 2006.
e One (I) report detailing progress, budget status, and projected work for the following
month will be provided each month. Weekly progress will be discussed as part of
ordinary correspondence.
. Provide meeting minutes and records of all significant conversations.
. An amount will be added to each invoice to cover direct expenses such as in-house
duplicating and blue printing, local mileage, telephone calls, messaging, and postage.
Administrative time related to the project will be billed hourly. Allocated expenses
will be billed at 6 percent of billable labor. This amount is added to Task I, but
covers all tasks. This excludes per diem and major outside printing efforts but
includes all minor day-to-day costs.
City
Responsibility: None
Task 1.2
Management Reserve (Parametrix)
This task consists of a reserve fund to cover unanticipated scope items. No billing to this
task will be ail owed without prior written approval by the City.
TASK 02
PRELIMiNARY SEWER DESiGN SERViCES
Task 2.1
Documentation and As-built Review (KPFF/Parametrix)
Objective:
Review available City provided documents that address existing conditions within the
study area, to develop an understanding of the following:
.. Existing sanitary sewer operational characteristics
. Records of sewer lateral and main plugging or failure.
. Proposed WSDOT Manette bridge.
e Natural envirorunent.
. Kitsap County Consolidated Housing Authority's (KCCHA) Condominium project.
. Downtown Revitalization Plan.
Approach: Review existing City-provided GIS information and as-built drawings. The consultant
team will also review any other existing reports and studies that are on file with the City
that affect this area (that are provided by the City). This may include geotechnical
reports, the City's Comprehensive Plan, and drainage or sanitary sewer studies.
Deliverable!;: The following will be delivered:
. List of all information collected and reviewed, and one (1) memorandum
summarizing findings.
Ciry of Bremer/on
Beach Sewer Replacement alld Predesign
Scope of Work
2
255-1896-808
July 2005
A ssumptiOIlS: No geotechnical evaluation will be required beyond what already exists from other
sources.
City
ResponsibiJity:The city will be responsible for the following:
. The City will provide requested existing plans in an AutoCAD compatible format, if
available.
Task 2.2
Objective:
Approach:
. The City will prepare base maps of the project area in AutoCAD compatible format
for use by the Consultant.
Sewer Design Criteria (KPFF/Parametrix)
Develop goals and objectives and purpose and need statement for the sanitary sewer
including operational and maintenance requirements.
The consultant team will work together with the City to develop preliminary design
criteria and to prepare a Design Criteria Memorandum, including a purpose and need
statement. The design criteria will establish any requirements imposed by environmental,
technical, and operational consideration and confirm sewer flows, pipe materials,
connection points, cleaning methodology and access, and other issues that will serve as
the basis of the sewer main and lateral design.
Deliverables: The following will be delivered:
. Six (6) copies of the draft Design Criteria Memorandum.
. Six (6) copies of the final Design Criteria Memorandum.
Assumptions: The following assumptions are made about this task.
~ One (1) meeting with City staff will be held to reVIew the Draft Design Criteria
Memorandum and provide additional input on design criteria and purpose and need.
. The Final Design Criteria Memorandum will incorporate comments from City Staff
City
ResponsibiJity:The city will be responsible for the following:
. The City will approve the design criteria and purpose and need statement.
Task 2.3
Objective:
Approach:
Sewer Replacement Alternatives Analysis and Pre-design
(KPFF/Parametrix)
Develop up to seven (7) preliminary sewer replacement alternatives at a conceptual leveL
Based on the design criteria and purpose and need statement approved by the City under
Task 2.2, the consultant team will identify up to seven (7) altemativesfor a beach sewer
replacement option. The process to complete this task is as follows:
3
255-/896-808
July 2005
Cit)' of Bremerton
Beach Sewer Replacement and Predesign
Scope of Work
e The consultant team will identify up to seven (7) sewer replacement alternatives to be
screened by the City. These alternatives will evaluate order of magnitude costs,
maintenance, community benefits, aesthetics, and other criteria developed by the
consultant team and City.
e Alternatives for the beach sewer replacement option are likely to include a shallow
trench option, a deep gravity trench option, pressure and gravity mains supported by
a vehicle maintenance structure; a vacuum sewer alternative, and/or a combination of
these systems, various solutions for connecting the laterals, connecting the laterals to
the existing laterals at the toe of the slope on the beach, and alternatively at the top of
the slope directly to residences and businesses. This analysis will also include
options for pump station modifications.
. Based on the purpose and need statement for the project, a ranking system will be
developed for screening of alternatives.
Deliverables: The following will be delivered:
. Six (6) copies of the Alternatives Report and ranking system.
Assumptions: The following assumptions apply to this scope:
. Alternatives will be developed based on the design criteria identified under Task 2.2
;; The consultant team will develop seven (7) beach sewer replacement alternatives to
the conceptual level.
. Evaluation of additional alternatives would be justification for a change in project
scope and budget.
City
RespoJlsibjJity:The City will be responsible for the following:
. The City will develop the "Washington Avenue Grinder Pump" alternative to the 15
percent design completion level.
. The "Washington Avenue Grinder Pump" alternative will be carried forward to the
preliminary design level by the City.
TACII' n"
I ""vi'\. v,",
EVERGREE~J PARK EXPAf'JS!ON
This Task consists of initiating negotiations with Ecology to address contamination issues
at the Chevron Property, submittal of a Brownfields grant application, and preliminary
community relations to build support for the park expansion.
Task 3.1
Negotiations with Regulatory Agencies (Parametrix)
Objective:
To initiate negotiations with Ecology in an effort to establish a path forward under an
agreed order or independent cleanup action at the Chevron Property.
Approach:
Specific work elements required to complete the task goal will include:
City of BremerfOIl
Beach Sewer Replacement alld Predesigll
Scope o/Work
4
255-1896-8178
July 20175
. Attend up to three (3) meetings with Cil'j and Ecology staff to negotiate remedial
solutions for the site.
. Using previous work as a guide, refine and select a remedial alternative for use in a
corrective action plan for the property.
. Develop a position paper and technical memorandum documenting the path forward
for the City to remediate the property in preparation for expansion of Evergreen Park.
Deliverables: The following deliverables are included under this task:
. Six (6) copies of a Technical Memorandum detailing the selected path forward and
selected remedial alternative.
Assumptions: Work will be completed under the following assumptions:
. No sampling is included in this effort.
. This effort does not include writing a cleanup action plan or an agreed order.
. The City will acquire the Chevron property.
. The City will utilize an agreed order or independent cleanup action mechanism for
remediation of the property.
City
Responsibility:The city will be responsible for the following:
. Attending negotiations and approving the recommended solution.
Task 3.2
Brownfields Grants (Parametrix)
Objective:
To complete the final Brownfields Assessment Grant proposal for the Chevron property
for submittal to the United States Enviromnental Protection Agency (EPA).
Approach:
Specific work elements required to complete the task goal will include:
~ Completing one (1) Assessment Grant proposal for the Chevron property.
= The proposal wiB be completed following guidelines outlined in Proposal Guidelines
for Brownfields Assessment, Revolving Loan Fund, and Cleanup Grants (EP A 2002).
. Developing budget estimates for conducting the assessment activities.
. Submitting all proposals to the City for final review and signature, as needed.
Deliverables: The following deliverables are included under this task:
. One (1) final Brownfields Assessment Grant Proposal for the Chevron property.
Assumptions: Work will be completed under the following assumptions:
. Only one (I) proposal will be required for assessment of the Chevron property.
('ir)' of Bremerron
Beach Sewer Replacemenr and Predesign
Scope afWork
5
255-1896..808
)uly 2005
City
Responsibiiity:The city will be responsible for the following:
· The City will provide review of the proposal and final signature.
Task 3.3
Community Relations (Parametrix)
This program vv'ill be intended to build broad based communitj \vide support for the park
expansIOn.
Approach:
The following tasks wiil be perfonned:
· Facilitate one (1) Community meeting
· Meet with City staff to prepare for the first Public Meeting. Discuss Issues and
confinn the City's position on expected concerns.
;; Prepare meeting agenda, take and distribute meeting minutes.
,. Compile the comment fonns and provide a written summary of the comments.
· Meeting announcements, comment forms, directional signs, and sign-in sheets
Assumptions: The following assumptions apply:
;; Illustrative figures and hand-drawn illustrations will be prepared under additional
scope.
· Meetings may be held in the evening.
· The design team will provide basic supplies needed for the meeting (easels, paper,
pens, refreshments, etc.).
DeJjyuables: The following will be delivered:
· Meeting minutes.
City
Responsjf;jJjty The city will be responsible for the following:
· City will contact property owners to set up meetings.
· Design Team and City staff will both be present at the meetings. Two (2)
representatives from Parametrix, will attend.
;; The City will mail announcements to adjacent property owners and other interested
parties
City of Bremerroll
Beach Sewer Replacemellr alld Predesigll
Scope of Work
6
255-1896-808
Ju(v 2005
EXHIBIT C
Budget
Parametrix ............................. ......... ...................... .... .... ......... ............ ............. .............. ......... ............. $40,500
Subconsultants
KPFF ............... ......................... ...... ........ ...... ... ............... ..................... ........ .......... ... $34,500
TOT A L ................................................... ....... ....... ..................... ........ ........ $75,000
Cily of Bremer/on
Beach Sewer Replacement and Predesign
Scope of Work
8
255-/896-808
July 2005
-----------
Exhibit C
-----------
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EXHIBIT 0
List of Oeliverables
I. Technical Memorandum summarizing documentation and As-Built review
2. Final Sewer Design Criteria Memorandum
3. Preliminary Alternatives and Ranking System Report
4. Technical Memorandum on Approach for Evergreen Park Remediation
5. Brownfields Assessment Grant Application
6. Meeting Minutes from Community Meetings
City of BremerlOn
Beach Sewer Replacement and Predesign
Scope of Work
9
255-1896-808
July 2005