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HomeMy WebLinkAbout04/04/2018 AGENDA PACKETCITY COUNCIL 345 6'1, Street, Suite 100, Bremerton, WA 98337 - Phone (360) 473-5280 APRIL 4, 2018 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00-5:30 P.M. in COI1€14, ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in II lRS 00Ilfl° " I°I4 Wtlivd l4�"� II ��� A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — March 21, 2018 C. Minutes of Study Session — March 28, 2018 D. Legal Services Retention Agreement with Matthew W. Cockrell & Associates, P.C. for ® Environmental Insurance and Cost Recovery Matter E. Change Order No. 2 to Professional Services Agreement with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and Combined Sewer Overflow Post - Construction Monitoring Report .Sole Source Purchase of Hardened Impellers and Volutes from Pump Tech, Inc. for the ® three (3) Sulzer ABS Pumps at Pump Station CW -1 6. GENERAL BUSINESS A.Interlocal Agreement with Central Kitsap Fire & Rescue and South Kitsap Fire & Rescue for ® Fire Ground Survival Training and Grant Application B. Resolution No. 3305 acknowledging Commitment to Match Surface Transportation Program Grant Funds for Washington Avenue and 11th Street Improvements Project C. Norm Dicks Government Center Tenant Improvements Project Phase II Budget Adjustment 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU • '" w SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A Study Session Date: N/A COUNCIL MEETING Date: April 4, 2018 Department: Financial Services Presenter: Shannon Corin Phone: (360) 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 378155 through 378340 and EFT's 18357 through 18397 in the amount of $1,536,376.62. 2) Retiree Payroll for the pay period ending March 31, 2018 in the amount of $57,808.40. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/02/2018 ❑ Table ❑ Continue ❑ No Action AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5B SUBJECT: Minutes of Meeting — March 21, Study Session Date: N/A 2018 COUNCIL MEETING Date: April 4, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Meeting held on March 21, 2018 are attached. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the March 21, 2018 Meeting Minutes as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, March 21, 2018 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, March 21, 2018, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Also present were Assistant City Attorney Kylie Purves; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Pat Sullivan followed by the invocation provided by Pastor Roger Hennigan of Apostolic Life Tabernacle. MAYOR'S REPORT — Mayor Wheeler • Provided a brief update on the new software training by the City's Tax & License Department; • Provided an overview of the Hawk Traffic Signal Light System; and • Thanked City employee Chad Hantelman for trapping an unwanted beaver who was building a dam in the Casad Watershed; and was also happy to add the beaver was safely relocated. PUBLIC RECOGNITION Roy Runyon encouraged the City to make the utility bill more transparent to the ratepayers by clarifying where utility tax revenue is directed. Sarah Achaoui, Community Development Block Grant Administrator, announced that the CDBG/HOME Consolidated Annual Performance and Evaluation Report (CAPER) is available on the City's website and public comments are welcome. Joe Terlouw expressed his concern about no repercussions for taxi drivers not complying with City licensing requirements. President Younger asked Mr. Terlouw to leave his contact information, stating this may be a future topic for discussion by the Public Safety & Parks Committee. Jerry McDonald asked why the City has not started implementing the City's Parking Plan; expressed concerns about how the impending hotel construction will impact downtown parking; and announced that he is arranging a Seattle Concierge Tour in Bremerton on April 19. Jessica Knutelsky representing a Neighborhood Action Group provided a list of goals by the residents including stop signs, speed bumps, and more street lighting; and invited Council and the community to a Spring Clean -Up and Sausage Sizzle on Saturday, April 21 at 2:00 PM. Shannon Turner, Student Government of Olympic College (SGOC) President, was here on behalf of the Olympic College Student Government Council to introduce himself to the City's local leadership and to learn more about what is going on in the community; and invited the Council Members to the Military Culinary Arts Competition on Saturday, May 5 from 10:00 AM in the Olympic College Student Center. Regina Adamson, with the Perry Avenue Public Market, hoped the City's budget would focus issues facing our community including growth and development, homelessness, drug treatment, jobs, and nuisance properties; and announced that her neighborhood has begun the process to request the renaming of Spruce Street. City Council Reg. Mtg. Minutes Wednesday, March 21, 2018 Page 2 of 4 Velma Smith asked for assistance to resolve an ongoing and dangerous issue of vehicles running the stoplight at the intersection of Burwell Street and North Montgomery Avenue. President Younger asked Ms. Smith to leave her contact information, stating that Engineering staff would be following up on this issue. Comments in support of Brother Don's Bar & Grill were received by... Bart Bruckman; James Carlson; Mark Flanagan; Lynda McDaniel -Flanagan; and Bobby & Liana Baker; and Don Manning Police Chief James Burchett described the role of the City Police Department; and also clarified some misinformation that has circulated in the public regarding this issue. Kylie Purves, Assistant City Attorney, summarized relevant sections of Chapter 6.32 entitled "Noise Levels" of the Bremerton Municipal Code. Comments in support of Brother Don's Bar & Grill continued, and were received by... Matt White; Mike Busche, Owner of the Dugout; Melissa Lynch, Musician; Joey Dean; Geoff Tassin; Bill Broughton; Branden Heinemann; Paul Holliday; Jeff Fleming; Ken McKewan; Linda Wachter; Steve Kreifelt (also added that he was happy to see the Bremerton Police Officers pull over speeding vehicles); Elias Martinez; Tony Perry, Sr.; Mike Williams; Gordon Rinke, Manager of Brother Don's; Dan Heistand; Don Tompkins, Founder of Brother Don's; Tom Inslee, former Bremerton Police Officer; and David Nelson, Musician. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 377976 through 378154, and EFT -18315 through EFT -18356 in the amount of $1,809,844.76; and Regular Payroll for the pay period ending March 15, 2018 in the amount of $810,375.09 5113 — Minutes of Meeting — March 7, 2018 5C — Minutes of Study Session — March 14, 2018 5D — Memorandum of Understanding and Agreement with Washington State Department of Fish & Wildlife for Maintenance and Utility Use for the East Park Outfall Project 5E — Norm Dicks Government Center Tenant Improvements Project Budget Adjustment 5F — Purchase of Office Furniture with Staples Contract and Commercial, Inc. for the 5th Floor Engineering Department in the Norm Dicks Government Center 5G — 2018-2020 Collective Bargaining Agreement between the City of Bremerton and the Bremerton Police Management Association 5H — Resolution No. 3304 to authorize Forgiveness, Release, and Write -Off of Twenty Five (25) Unrecoverable CDBG Loans Roy Runyon expressed concerns about the money being spent on new furniture (Item 5F); the increases in Police Department salaries (Item 5G); and the taxpayer money lost due to the forgiveness of CDBG Loans (Item 5H). 07:08:47 M/S/C (Huddy/Sullivan) Move to approve the CONSENT AGENDA as presented. Voted in favor of the Motion: Sullivan, Gorman, Hillman, Goodnow, Huddy, Younger Voted opposed to the Motion: Daugs Motion carried: 6 -Yes; 1 -No City Council Reg. Mtg. Minutes Wednesday, March 21, 2018 Page 3 of 4 GENERAL BUSINESS 6A — PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR DESIGN OF KITSAP LAKE ELEMENTARY SAFE ROUTES TO SCHOOL PROJECT: Tom Knuckey, City Engineer, explained that the City approved a Safe Routes to School Grant last year. The project includes design, acquiring right-of-way, and construction on Harlow Drive from Kitsap Way to Osprey Circle. The City advertised a Request for Qualifications, and received proposals from three firms to perform the design and right-of-way acquisition. The City selected Parametrix, Inc., to do the work; their design cost is $279,998.09 and is eligible for 100% grant funding. There were no questions or comments from the public... 07:10:06 Motion was made by Sullivan and seconded by Daugs... Comments were provided by Sullivan and Daugs... A question was asked by Younger, with responses provided by Mr. Knuckey and Chal Martin, Director of Public Works & Utilities... 07:14:05 M/S/C/U (Sullivan/Daugs) Move to approve the Professional Services Agreement for design of the Kitsap Lake Elementary Safe Routes to School Project in the amount of $279,998.09 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Richard Huddy looked forward to a resolution of the issues raised; and thanked the group of citizens who attended the Council Meeting tonight in support of Brother Don's. Tony Hillman announced the community screening of "Paper Tigers", followed by a discussion panel on March 22 from 6:00 to 9:00 AM in the Olympic College Rotunda; encouraged the community to view exhibits or volunteer to be a judge at the Annual Washington State Science and Engineering Fair on March 23 and 24 at the Bremerton High School Performing Arts Center; and emphasized that the Monthly Kiwanis Work Party has been postponed to Saturday, March 31 from 9:00 to 11:00 AM. Volunteers are also needed from 12:00 to 1:00 PM to prepare for an Egg Hunt followed by the Egg Hunt from 1:00 to 2:30 PM and volunteers are then needed for clean-up from 2:30 to 3:00 PM. Kevin Gorman announced Spring Cleaning on Saturday, March 24 from Noon to 3:00 PM at the Kitsap 911 Memorial next to Evergreen Rotary Park; announced that due to the Manette Playfield Improvements Project, the Manette Egg Hunt on Saturday, March 31 is cancelled but all egg hunters are encouraged to participate in the Kiwanis Park Egg Hunt. Leslie Daugs welcomed Mr. Terlouw to contact the Council Office to further discuss his concerns about lack of licensing by other taxi drivers; hoped a compromise will be found regarding the issue with Brother Don's; also encouraged the community to attend or participate at the WSSEF; and recommended attendance at the "March for Safe Schools" on Saturday, March 24 from 12:00 to 2:00 PM on the corner by Kitsap Mall; provided a summary of the Audit Committee interview process and the selected applicant will be announced soon. Pat Sullivan looked forward to volunteering at the Washington State Science & Engineering Fair for both days this weekend. Eric Younger addressed the recent article of the Kitsap Sun about the blue-green algae bloom in Kitsap Lake; hoped to schedule a District Meeting to discuss solutions for cleaning up Kitsap Lake; added that improving water quality is one of the Council's 2018 Goals; encouraged neighbors to contact the Council office to receive notifications; and was pleased to share the 2018-2019 Council Portrait which featured the Roxy Theatre. City Council Reg. Mtg. Minutes Wednesday, March 21, 2018 Page 4 of 4 With no further business, President Younger adjourned the Council Meeting at 7:27 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant APPROVED by the City Council on the 4th day of April, 2018. ERIC YOUNGER, City Council President Attest: SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5C SUBJECT: Minutes of Study Session — Study Session Date: N/A March 28, 2018 COUNCIL MEETING Date: April 4, 2018 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: The Minutes of Study Session held on March 28, 2018 are attached. ATTACHMENTS: Study Session Minutes FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the March 28, 2018 Study Session Minutes as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, March 28, 2018 A Study Session of the City Council of the City of Bremerton was called to order in the Meeting Chambers of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, March 28, 2018, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Vice President Richard Huddy, Michael Goodnow, Tony Hillman, Kevin Gorman, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant; Christine Grenier, Council Assistant; and Kevin Matthews were present to provide staff support. President Younger emphasized that the Study Session is open to the public, and except for Item Al, there will be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. If approved by the Council, remaining items will be placed on the April 4, 2018 City Council Meeting Agenda or as indicated. A. LIMITED PRESENTATION PLANNED —The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... Purchase of a Replacement 2018 Ford Police Interceptor Utility Patrol Vehicle from Columbia Ford: Milenka Hawkins -Bates, Public Works Administrative Division Manager, explained that the request before City Council is to replace a Ford Police Interceptor Utility Patrol Vehicle that was totaled in a vehicle accident March 16, 2018. This quote is for one (1) 2018 Police Interceptor; utilizing State Contract No. 05916, for a total vehicle cost of $36,303.00, which includes Washington State Sales Tax. The quote provided by Columbia Ford expires after April 1, 2018, therefore action is requested tonight. Also, 90% of the safety equipment of the totaled vehicle will be re -installed in its replacement. There were no questions or comments from the public... 05:15:00 M/S/C/U (Huddy/Gorman) Move to approve the purchase of a 2018 Ford Interceptor Utility Patrol Vehicle from Columbia Ford of Longview, WA per quote in the amount of $36,303.00, which includes Washington State Sales Tax; and authorize an increase in Fund 510 expenditure budget of $36,303.00. Motion passed unanimously 2. Interlocal Agreement with Central Kitsap Fire & Rescue and South Kitsap Fire & Rescue for Fire Ground Survival Training and Grant Application General Business 3. Legal Services Retention Agreement with Matthew W. Cockrell & Associates, P.C. for Environmental Insurance and Cost Recovery Matter Consent Agenda 4. Change Order No. 2 to Professional Services Agreement with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and Combined Sewer Overflow Post - Construction Monitoring Report Consent Agenda 5. Sole Source Purchase of Hardened Impellers and Volutes from Pump Tech, Inc. for the three (3) Sulzer ABS Pumps at Pump Station CW -1 Consent Agenda 6. Resolution acknowledging Commitment to Match Surface Transportation Program Grant Funds for Washington Avenue and 11th Street Improvements Project General Business B. BRIEFINGS & FULL PRESENTATIONS 1. Presentation of Compensation Study for Management & Professional and Teamsters Local 589 Employees — by Mike Verdoorn, Principal Consultant for Arthur J. Gallagher & Company Information only; April 25 Study Session City Council Study Session Minutes Wednesday, March 28, 2018 Page 2 of 2 President Younger called a recess from 7:54 to 8:06 PM... BRIEFINGS & FULL PRESENTATIONS — Continued... 2. Presentation of Proposed Proactive Code Enforcement Program and Proposed Ordinance to amend Bremerton Municipal Code Chapter 6.12 entitled "Unfit Dwellings, Buildings, Structures, and Premises" — by Andrea Spencer, Community Development Director Information only; April 11 Study Session 3. Norm Dicks Government Center Tenant Improvements Project Phase II Budget Adjustment General Business C. GENERAL COUNCIL BUSINESS 1. Audit Committee Briefing (3/19/18 Meeting) — Chair Leslie Daugs 2. Public Works Committee Briefing (3/20/18 Meeting) — Chair Pat Sullivan 3. Finance, Investment and Parking Committee Briefing (3/27/18 Meeting) — Chair Richard Huddy 4. General Council Business was briefly discussed. With no further business, President Younger adjourned the Council Study Session at 9:30 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 4th day of April, 2018. ERIC YOUNGER, City Council President Attest: SHANNON CORIN, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON 5 D CITY COUNCIL SUBJECT: Legal Services Retention Study Session Date: March 28, 2018 Agreement with Matthew W. Cockrell & COUNCIL MEETING Date: April 4, 2018 Associates, P.C. for Environmental Department: Legal Insurance and Cost Recovery Matter Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: The City entered into an agreement with Matthew W. Cockrell & Associates, P.C. ("Cockrell") on February 9, 2018, for legal services to undertake a recovery matter against historic comprehensive general liability policies of insurance. The City agrees to pay Cockrell, only if the City receives recoveries, a contingency fee of 10% of the recoveries accepted by the City. It is unknown at this time if the contingency fee will exceed the Director's authority, therefore Council approval is requested. ATTACHMENTS: Legal Services Retention Agreement FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the agreement with the terms of payment, which consists of a contingency fee of 10% of the recoveries accepted by the City, with Matthew W. Cockrell & Associates, P.C. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 Matthew W. Cockrell & Associates, P.C. 300 Meadowbrook, Northfield, IL 60093 Tel.: 847-341-5250 Email: MCockrell@CockrellLegal.com LEGAL SERVICES RETENTION AGREEMENT ENVIRONMENTAL INSURANCE AND COST RECOVERY MATTER (The City of Bremerton, Washington) This Legal Services Retention Agreement defines the nature and scope of the relationship between Matthew W. Cockrell and Associates, P.C. ("Cockrell") and the City of Bremerton, Washington ("Client") and will detail the terms on which Cockrell will provide legal services to represent the Client in connection with the environmental insurance and cost recovery matter. Please read this retention agreement carefully and fully understand it before signing. 1. SCOPE OF SERVICES: a. Insurance and Cost Recovery Matter: The scope of this engagement, which will be referred to as the "Recovery Matter," will encompass the legal services necessary and appropriate to undertake a recovery matter against historic comprehensive general liability policies of insurance. This will include, without limitation, reviewing and analyzing insurance policies, analyzing existing environmental and site history information to develop legal theories of recovery, advising Client on all legal matters, submitting claims to insurers, and/or negotiating settlements. This retention does not include litigation services. b. Client Authority: While Cockrell will provide to the Client legal advice, recommendations and options, the Client has the right to make the final decisions as to all claims, strategies, and settlements. Final acceptance of any settlement shall require City Council approval. 2. LEGAL FEES AND EXPENSES: a. Legal Fees: The Client will be obligated to pay the attorneys' fees of Cockrell only if the Client receives Recoveries (as defined below) in which case Cockrell will receive a contingency fee of 10% of Recoveries. b. Expenses: In Cockrell's experiences, expenses are very rarely required. In the event Cockrell believes expenses are necessary, Cockrell will always request written approval in advance from Client. c. F—rperts and Consultants: Given the sophisticated environmental and other expertise needed to recover for environmental investigations and remediation, it is anticipated that, and only after Client approval, non -legal expert or consulting services may be separately required to assist in the Recovery Matter. Since any such expert or consultant is not part of or affiliated with Cockrell, the Client will be obligated to pay under separate contract for these services in addition to the "Expenses" described above. 3. DEFINITION OF RECOVERY: The term "Recovery" as used herein are all payments, value received and tangible benefit flowing to the Client directly or indirectly, monetary or otherwise, from any potentially Privileged (tad Confidential - I - responsible party, or from any one or more of the insurers of the Client or of any potentially responsible party, whether by collection, settlement, judgment or litigation, before consideration of any income tax matters. Recovery includes but is not limited to payments for investigation and remediation work, sums attributable to interest, punitive damages or attorney's fees and the present value of amounts to be paid in the future. If attorney's fees are recovered, those will be treated as part of the general recovery and divided according to the terms of this agreement. Note that, under this retention agreement, you will be responsible to pay Cockrell the contingency fee based on the value of all payments even if the insurer or third party assumes responsibility for the site investigation and remediation and the payments are used for the on- going site investigation and remediation on your property. If this happens, you will need to pay Cockrell its contingency fee based on the amount of these payments. 4. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Client has always had and continues to have the choice to freely select insurance coverage attorney of his choosing. This Retention Agreement can be terminated at any time by either party as allowed under Washington law. MATTHEW W. COCKRELL & ASSOCIATES, P.C. By: Z&A% 4*:� Matthew W. Cockrell Date: 2 z i „/ za t i" (Please print) Name: �. ...w ,...m. Street Address: , City and Zip Code: ', `.A � Tele: Cell: Email: Privileged and ConJldendal - 2 - SUBJECT: Change Order No. 2 to the Professional Services Agreement with Cosmopolitan Marine Engineering for Sediment Sampling & Analysis and Combined Sewer Overflow Post - Construction Monitoring Report AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E Study Session Date: March 28, 2018 COUNCIL MEETING Date: April 4. 2018 Department: Presenter: Phone: PW&U / WWTP Rick Zimburean (360) 473-5449 SUMMARY: In February 2015, the City entered into a professional services agreement with Cosmopolitan Marine Engineering for sediment sampling & analysis and a CSO Post Construction Monitoring Report in the amount of $113, 778. In June 2015, the first change order in the amount of $4,780 was executed. The CSO Post Construction Monitoring Report has been completed. There is still supplemental engineering services needed to work through the critical issues with the sediment sampling and analysis with WA Dept. of Ecology ("DOE"). Cosmopolitan Marine Engineering will also review the upcoming draft NPDES Permit in regards to the proposed supplemental sediment sampling requirements. The proposed Change Order No. 2 to this PSA would be in the amount of $27,770. ATTACHMENTS: 1) Current PSA, 2) Change Order No. 2, 3) Proposal from Cosmopolitan Marine Engineering FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the WWTP Professional Services budget of $200,000. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 2 to the Professional Services Agreement with Cosmopolitan Marine Engineering in the amount of $27,770; and authorize the Mayor to finalize and execute the Change Order as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 PROFESSIONAL SERVICES AGREEMENT Sediment Sampling and Analysis & CSO Post Construction Monitoring Report The City of Bremerton ("City") and Cosmopolitan Marine Engineering ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated February 17, 2015, 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. U. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit A; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed 1111778. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section H herein. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B. Architects En iaecn and Any Other Profs s ional Listed in and Performin Services Defined in. RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Auturnobfle Liabili insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Lia,bifity insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Professional Liabffftyl insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return, receipt requested to City of Bremerton, atto: Risk Management, 345 6a` Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 3 of 7 or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Repgds and Inf rm ti nw 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 13ocurnents. Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Gig Harbor, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Ph t &WpIN and lma es. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take- all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 4 of 7 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Gig Harbor, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Pat J Coxon Cosmo titan Marine Engineering -Bill Fox P.E. 1600 Oyster Ba Ave. S P.O. Box 623 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Com liance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring, Report Page 5 of 7 N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. UL Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-perforniing 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 ent and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusabig Dela . 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. Bremerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 6 of 7 X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON r .rr '��'� ��A l►'wil ry Approved as to form: y Brelruerton City Attorney R: g \ o I of4ssioa services Agreement Form (2014).doc Brernerton/Cosmopolitan Marine Engineering Sediment Sampling and Analysis & CSO Post Construction Monitoring Report Page 7 of 7 CONSULTANT By Willi P. Fox, P.E. its: Pte, Date: Z -7 ? 9 A City Clerk EXHIBIT A City of Bremerton Sediment Sampling and Analysis and CSO Post Construction ;Monitoring Deport Scope of Work, Schedule, and Cost Proposal Introduction/Purpose The City of Bremerton operates wastewater conveyance and treatment facilities that include CSO and treated wastewater discharges to Sinclair Inlet, Port Washington Narrows and Dyes Inlet. NPDES Permit No. WA0029289 issued to the City on June 21, 2013 includes the following requirements: • S10.A requires a Sediment Sampling and Analysis Plan (SSAP) to be submitted to Ecology by October 1, 2014 for review and approval. Following Ecology approval of the Plan, which was received November 14, 2014, S 10.13 requires the City to implement the plan and submit the results with the next permit renewal application February 1, 2018. • S1 l.D.d requires a CSO Post Construction Monitoring Plan (PCMP) to be submitted to Ecology by October 1, 2014 for review and approval, which was also received November 14, 2014. Sl l.D.e requires the Post Construction Monitoring Report be submitted with the next permit renewal application February 1, 2018. The purpose of the scope of work described herein is to satisfy in full the requirements of the two NPDES Permit studies and report submittals described above, in accordance with the approved plans. The sediment monitoring study plan has also been reviewed by Department of Natural Resources (DNR) for proposed aquatic lands easements for the outfalls. The sediment monitoring results report will be submitted to DNR Task 1— Field Sampling Mobilization Schedule: Prior to field sampling in 2015 Approach: • Laboratory coordination to obtain appropriate containers and communicate the scheduling of the analyses needed from the associated laboratories. • Obtaining, preparation, and cleaning field equipment needed in sampling event. • Coordination and mobilization of research vessel and sampling equipment contractor. City of Bremerton Exhibit A I February 17, 2015 Task 2 — Field Sampling Schedule: Summer -Fall of 2015 Purpose: The extent of this task is to collect sediment samples for all nineteen required sampling locations specified in the approved SSAP. Enough sediment will be collected for analyses of the 47 Sediment Management Standards chemicals, dioxin and furan, and conventional sediment variables. Approach: • Sediment samples will be collected at nineteen locations listed in the approved. SSAP. • Discrete sampling of sediments to be performed by CME. Vessel support will also be provided by CME. • The primary method of sample collection will be by Ponar 0.05 m2 sampler. • There is a potential for hard sediments to preclude sampling by the Ponar grab. The contingency plan will be for a diver to retrieve sediment samples by hand. • Field sampling includes sampling sediments for the chemical analysis only (no bioassays). • Samples for chemical analyses will be shipped to ALS Environmental in Kelso. Task 3 — Laboratory Analyses Schedule: Draft results 4 weeks following Field Sampling Purpose: To measure chemical concentration results and ensure that quality control is being used for laboratory analyses. The results from the 47 SMS chemicals will be examined in order to assess compliance with the SMS chemicals. Approach: • Nineteen sediment samples will have the 47 SMS chemicals, dioxin and furan, and conventional sediment variable analyses. • CME will analyze the laboratory findings to determine if sediment samples exceed any of the 47 SMS chemicals or published dioxin action levels. • Cosmopolitan Engineering Group will communicate with laboratories that tests are run though established QA/QC procedures. City of Bremerton Exhibit A 2 February 17, 2015 Assumptions: • ALS Environmental is the anticipated lab that will be contracted for this work. • Sediment bioassays will not be required. Task 4 — Sediment Monitoring Report Schedule: Approximately one month after receipt of the laboratory results Purpose: To define sediment quality based on the chemistry laboratory data, and analyze and present conclusions. Approach: • Discuss background, previous sampling, and the field study. • Present all field and laboratory monitoring compliance. • Present formatted tables and results of the chemical analysis. • Present all initial, field and laboratory sediment monitoring compliance with SSAP protocols. • Present conclusion of the sediment chemistry analysis (i.e., whether the SMS criteria in WAC 173,204 are met). • Present the results of the conventional sediment results plus dioxin and furan. • Discuss potential for background sediment contamination. • If there are contamination issues, discuss other sources and recommendations. • Input the results into Ecology's Environmental Information Management System (EIM) database. Deliverables: • Draft sediment study report for Bremerton review in electronic format. • Draft sediment study report for DNR and Ecology in electronic format. • Submission of the results into Ecology's EIM database. • 2 hard copies of stamped and signed final report (including electronic format). City of remerton Exhibit A 3 February 17, 2015 Task 5 — Post Construction Monitoring Report Schedule: Following completion of the Sediment Monitoring Report and prior to submission of the NPDES permit renewal October 1, 2018 Purpose: To assess CSO program effectiveness as specified in the approved PCMP.. Assumptions: • City of Bremerton will conduct monitoring of treated and untreated CSO events as specified in Section 3.1 and 3.2.1 of the approved PCMP, including preparation of Annual CSO reports and NPDES DMR submittals. «► This scope of work will satisfy the ambient monitoring assessments and studies specified in Section 3.2.2 pf the approved PCMP. Approach: • Assemble available ambient water quality data from existing sources. • Verify existing mixing zone study for the East Plant as cited in the NPDES Permit Fact Sheet, and update dilution factors as necessary. • Conduct "reasonable potential analysis" for East Plant based on effluent data from DMRs and CSO Annual Reports, and available ambient water quality data. • Present summary of sediment sampling results and conclusions. • Provide conclusory statements regarding compliance or non-compliance with PCMP requirements Deliverables: Draft Post Construction Monitoring report for Bremerton review in electronic format. Draft report for Ecology in electronic format. 2 hard copies of stamped and signed final report (including electronic format). City of Bremerton Exhibit A 4 February 17, 2015 Cost Proposal This proposal is based on lump sum costs per task according to the following schedule: Task Description Cast 1. Field Sampling Mobilization $8,571 2. Field Sampling $22,240 3. Laboratory Analyses $35,853 4. Sediment Monitoring Report $19,284 5. Post Construction Monitoring Report $27,830 Project Total $113,778 City of Bremerton FxhibitA 5 February 17, 2015 Patric Coxon From: Bill Fox <BFox@cosmopolitaneng.com> Sent: Thursday, June 04, 2015 9:03 PM To: Patric Coxon Subject: Cost for additional sampling Patric, the cost for conducting the additional sediment sampling at OF -12 as outlined by Lauren will be $4780, including '/-day field time, lab costs, and incorporating into the overall sediment report with other stations. Do you need anything more formal from me? We will be mobilizing for the sampling in a few weeks, though we have not settled the dates yet. We'll be doing it over several days to hit the best tide conditions in Pt Washington Narrows. --------------------------- William P. Fox, PE w Mimi Cosmopolitan Marine Engineering PO Box 623 — Gig Harbor, WA 98335 (253) 265-2958 — (253) 265-6041 fax BFox cosno olitanen .cm CITY OF BREMERTON 345 6TH STREET SUITE 600 BREMERTON, WA 98337 1673 V [— 27878 NN COSMOPOLITAN MARINE ENGINEERING PO BOX 623 0 GIG HARBOR WA 98335 R[_ PURCHASE ORDER NO. 15115-1 PAGE NO. 1 S M �.._.. WASTEWATER TREATMENT PLANT CITY OF BREMERTON P 1600 OYSTER BAY AVE TO BREMERTON WA 98312 �J ATTN: PATTI POD COXON ORDER DATE NET03 01.DAYST� BUYER �. PAT DESTINATION REQ NO 15131 TERMS F 0 B DESC UOM DESCRIPTION pp UNIT f 01 1.00 EA CONTRACT #5455�118558 SEDIMENT SAMPLING AND ANALYSIS & CSO POST CONSTRUCTION MONITORING REPORT ITEM# ACCOUNT AMOUNT PROJECT CODE 01'535.8032 54110 118,558.00 58200 CER' IFICATION I, the undersigned, do hereby certify under penalty of perjury, that tl e materials have been fumished, the servicas rendered or the labo p payment is due and payable pursuant to a c nt fulfillment of a contractual obligation, and t rat against the city and that I am authorized to a, rth erformed as described harain, that any advance rad or is available as aI option for ful' or partial the claim is a Just, du4 and unpaid obligation enlicate and certify to said claim. ..--. APPROVED ED BY PAGE TOTAL $ TOTAL S REO. DATE E N I IC ['66 10 N 118'S58.00 m.�r'),`VE D J (.J N` IIS F'1livr -dip➢r d4u YtlC.l. b¢ CITY OF BREI PI'ERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: TWO PROJECT NAME: Sediment Sampling & Analysis & CSO Post Construction Monitoring Report. PROJECT NO: 5455CONTRACTOR: Cosmopolitan Marine Engineering ORIGINAL CONTRACT AMOUNT:. PREVIOUSLY APPROVED CHANGES,- THIS HANGES, THIS CHANGE: REVISED CONTRACT AMOUNT,. $113,778.00 DAYS: . 360 780.00 DAYS: 5 27,770.00 DAYS: 365 $146,328.00 DAYS: 730 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN (DECREASE) IN CONTRACT 0 CONTRACT CONTRACT TIME AMOUNT AMOUNT EXTENSION (DAYS:) X Work Change Directive #2 — $27,770.00 365 • Review recent Ecology correspondence regarding 2015 sediment sampling results; NPDES permit renewal and potential future sampling requirements. • Review Navy status and data reports on PSNS Complex Superfund Site, Operable Unit B — Marine. • Prepare for and participate in up to 2 meetings with Ecology on subject topics. • Review and comment on Draft NPDES Permit relative to subject topics. • Amend data report for 2015 sediment sampling per Ecology's Sharon Brown's comments, dated 02/15/2018. NET CHANGE IN CONTRACT AMOUNT $27,770.00 365 INCREASE OR (DECREASE) ..... --------- ESTIMATED SALES TAX AT 9.0% ......... _______ $0.00 TOTAL INCLUDING SALES TAX$0.00 365 Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Sediment Sampling and Analysis & CSO Post Construction Monitorina Resort overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. CONTRACTOR — Cosmopolitan Marine Engineering —Bill Fox A roved: DATE: 03/07/2018 PROJECT MANAGER — Pat Coxon Recommended: DATE: Council action is required as project cost will exceed approved budget. X Yes ❑ No Council action is required as change exceeds Mayors authority per BMC 2.76.110. X Yes ❑ No DIRECTOR OF PUBLIC WORKS AND UTILITIES — Chal Martin Recommended: DATE: MAYOR — Greg Wheeler Approved: DATE: APPROVED AS TO FORM: ATTEST: Page 2 of 3 CONTRACT CHANGE ORDER NO: 2 PROJECT NAME: Sediment Sampling and Analysis & CSO Post Construction Monitoring Re ort Bremerton City Attorney City Clerk Page 3 of 3 Patric Coxon From: Bill Fox <bfox@cosmopolitaneng.com> Sent: Friday, March 02, 2018 11:21 AM To: Patric Coxon Subject: Authorization for Supplemental Engineering Services Pat, please see below request for authorization to conduct supplemental engineering services for the City of Bremerton related to the NPDES permit renewal and supplemental sediment sampling. Previous related work on sediment sampling and CSO post -construction monitoring has been conducted under Bremerton Contract #5455 that was last amended on 3/19/15 to $118,558 under PO No. 15115-1 (when CSO -12 was added). Tasks: 1. Review recent Ecology correspondence regarding 2015 sediment sampling results, NPDES permit renewal, and potential future sediment sampling requirements. 2. Review Navy status and data reports on PSNS Complex Superfund Site, Operable Unit B — Marine. 3. Prepare for and participate in up to 2 meetings with Ecology on subject topics. 4. Review and comment on draft NPDES permit relative to subject topics. 5. Amend data report for 2015 sediment sampling per Sharon Brown comments dated 2/15/2018. 6. Preparation of expected SAP for chemical and biological sediment testing is not included in this authorization. Fee: Costs shall be billed monthly on a Time and Materials basis not -to -exceed $27,700 at the following rates: William Fox $191.59/hr Janice Shdo $111.93/hr Mileage $0.545/mi William P. Fox, PE m4A101 r � �Mc1l�aihc Cosmopolitan Marine Engineering PO Box 623 — Gig Harbor, WA 98335 (253) 265-2958 — (253) 265-2658 fax (253) 677-4134 mobile ���Fp;ortcapolrtwnng.c�r�'�� AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Sole Source Purchase of Hardened Impellers and Volutes from Pump Tech, Inc. for the three (3) Sulzer ABS Pumps at Pump Station CW -1 5F Study Session Date: March 28, 2018 COUNCIL MEETING Date: Aoril 4. 2018 Department: Presenter: PW&U/WWTP Rick Zimburean Phone: (360) 473-5449 SUMMARY: This purchase is to replace volutes and impellers for the three ABS Pumps at pump station CW -1 from the manufacturer vendor, Pump Tech Inc. These replacement impellers and volutes last on average two years, due to wear and grit. Staff requested a quote from Pump Tech Inc. for hardened (250-300 BHC) impellers and volutes, which will increase the life of the impellers and volutes 8-10 years, on average. The cost for the hardened impellers and volutes are doubled for the first set, due to the pattern and casting costs. From that point on the costs drop in half, and we are paying the same price as standard impellers and volutes. The total cost to outfit all three ABS Pumps at pump station CW -1 with hardened impellers and volutes is $94,772.74 including WA State Sales Tax. ATTACHMENTS: 1) Sole source memo 2) Emergency procurement Memo 3) Pump Tech Inc. proposal (Please note this purchase was moved forward under emergency procurement protocols due to failure of one of the volutes. That paperwork is attached.) FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP Operating Supplies budget of $540,000. STUDY SESSION AGENDA: 0 Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to ratify the emergency purchase of hardened impellers and volutes from Pump Tech Inc. in the amount of $94,772.74 including Washington State Sales Tax. COUNCIL ACTION Form Updated 01/02/2018 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 • (360) 473-5920 • FAX (360) 473-5360 DATE: March 7, 2018 TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director SUBJECT: Sole Source Determination In accordance with Bremerton Municipal Code 2.76.090, Sole Source Purchases, the purpose of this memorandum is to document the necessity of sole source procurement methodology for the purchase of three new hardened pump impellers and volutes for the three Sulzer ABS pumps at pump station CW -1. The hardened impellers and volutes are direct bolt on replacement parts designed specifically for the Sulzer ABS pumps at pump station CW -1. There are no aftermarket suppliers of Sulzer ABS pump parts, and we therefore have to purchase them directly from the Sulzer ABS pump representative, Pump Tech Inc. For these hardened impellers and volutes, we received a quote from Pump Tech Inc. for the pattern and casting of three impellers and three volutes in the amount of $94,772.74, which includes Washington State sales tax and shipping. Pump Tech Inc. is the only provider of Sulzer ABS pumps and parts in Western Washington. Our staff believes this is a fair and reasonable price. Therefore, it is my determination that it is in the City's best interests to purchase the hardened impellers and volutes through direct negotiation, pursuant to BMC 2.76.090 and 2.76.010, and that sole source purchase of these hardened impellers and volutes is justified for this procurement. Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livahle waterfront city! Public Works and Utilities Department 100 Oyster Bay Ave. N. • Bremerton, WA 98312 . (360) 473-5315 • FAX (360) 473-5360 DATE: March 15, 2018 TO: Procurement File FROM: Chal Martin, Public Works & Utilities Director SUBJECT: Emergency Procurement TO: Mayor Wheeler Pump station CW -1 has been scheduled for pump impeller and volute changeout in 2018. To that end, the equipment purchase paperwork has been placed on the Council's agenda for consideration at its meeting March 28, for approval April 4a'. Early this morning Pump #3 split its volute and flooded the drywell. Since this pump station operates on an auto alternate system to ensure even run time on all pumps, our maintenance staff is concerned that the other 2 are also at risk of imminent failure. Because another pump failure will put this important pump station at serious risk of overflow and in addition, increase risk to our maintenance staff, it is my determination that the situation at CW -4 constitutes an emergency under Bremerton Municipal Code 2.76.130, and that the new volutes and impellers should be placed on order immediately. The cost of this purchase (which has already been negotiated) is $94,772.24 (see attached quote). 0 Page 2 First Endorsement Emergency Procurement Memorandum Pump Station CW -1 TO: DeWayne Pitts, Finance Director Concur and approved. Greg Wheeler Mayor Atch: Bid Quote March 15, 2016 Volute 2 & 3 ABBA Parts Model X02-25655, Hardened DI with 410 SS 14,905.00 2.00 29,810.00 wear ring, copy of ABS Volute for AFP2002 pump in CW1 Pump Station Second and third casting Freight Ground Freight to Bremerton WWTP Included. 0.00 1.00 0.00 SubTotal 86,947.00 The above order is subject to Pumptech Inc. standard terms and conditions and credit approval which are attached and made part of this agreement. We appreciate your interest in our products and services and if you have any questions on our offerings please do not hesitate to call. By signature below, I accept this offering: Sales Tax: 7,825.24 Signed: Total: 94,772.24 Name: Title: PumpTech Inc. Page: 12020 SE 32ND Street Suite 2 ATE Bellevue, WA 98005 A!Y Phone: 425-644-8501 Fax: 425-562-9213 jjoyce@pumptechnw.com Sales Quotation Customer#: 0018900 TO: Salesperson: Jim Joyce / Andrea Needham Quote #: 0138902 Rick Zimburean Lead Time: 12 to 16 Weeks Date: 3/1/2018 Bremerton WWTP, City of FOB: FOB ORIGIN - FFA Expires: 3/31/2018 Wastewater Treatment Plant Ship Via: OTHER 1600 Oyster Bay Avenue S Bremerton, WA 98312 Project Name: Upgrade CW1 Pumps to Hardened DI Phone: (360)473-5449 Fax: 360-473-5455 Item Price Qty Extend PumpTech is pleased to offer the following aftermarket castings to retrofit the existing ABS pumps at CW1. ------------------------------------------------------------------------------- Impeller 1 ABBA Parts Model X01-25655, Hardened DI with 410 SS 13,055.00 1.00 13,055.00 wear ring, copy of ABS Impeller for AFP2002 pump in CW1 Pump Station First Casting Impeller 2 & 3 ABBA Parts Model X01-25655, Hardened DI with 410 SS 7,186.00 2.00 14,372.00 wear ring, copy of ABS Impeller for AFP2002 pump in CW1 Pump Station Second and third casting Volute 1 ABBA Parts Model X02-25655, Hardened DI with 410 SS 29,710.00 1.00 29,710.00 wear ring, copy of ABS Volute for AFP2002 pump in CW1 Pump Station First casting Volute 2 & 3 ABBA Parts Model X02-25655, Hardened DI with 410 SS 14,905.00 2.00 29,810.00 wear ring, copy of ABS Volute for AFP2002 pump in CW1 Pump Station Second and third casting Freight Ground Freight to Bremerton WWTP Included. 0.00 1.00 0.00 SubTotal 86,947.00 The above order is subject to Pumptech Inc. standard terms and conditions and credit approval which are attached and made part of this agreement. We appreciate your interest in our products and services and if you have any questions on our offerings please do not hesitate to call. By signature below, I accept this offering: Sales Tax: 7,825.24 Signed: Total: 94,772.24 Name: Title: """"'"1"Mm STANDARD TERMS & CONDITIONS SHIPMENT Estimated shipment from manufacturer can proceed as quoted after receipt of approved submittals and purchase order. Quoted shipment time is not guaranteed and is based on information from our suppliers. Any late delivery charges due to shipment beyond the above estimated schedule will not be accepted. CONDITIONS OF SALE PUMPTECH INC is not bound by the terms and conditions in Purchaser's Purchase Order or in Purchaser's or Owner's Plans & Specifications unless such terms are delivered to PumpTech prior to quotation and referenced in the quotation . PUMPTECH INC is not responsible for delay, disruption, consequential or liquidated damages of any sort, unless Purchaser requests and receives a quotation which includes pricing and terms for such damages. CREDIT APPROVAL AND PAYMENT TERMS Credit approval is required by PUMPTECH INC. prior to release of order to manufacturer; however, submittal may begin at the time of receipt of purchase order.PUMPTECH, INC.'s payment terms are Net 30 days from invoice date. In some circumstances PUMPTECH, INC. may require Progress Payments. Progress payments are due and payable on receipt of invoice. "Standard Progress Payment Plan" is defined as a payment plan that includes the following terms in the Purchase Order or in the agreement: a. 15% - Fifteen percent on receipt of approved drawings b. 30% - Thirty percent with order of major components C. 20% - Twenty percent on receipt of major components at our facility d. 30% - Thirty percent upon shipment e. 5% - Five percent on start up Afinance charge of 1.5% per month will be charged on all past due balances. If PUMPTECH, INC. is forced to turn this over to a collection agency; purchaser agrees to pay costs of the collection to the extent that is allowed by law for commercial accounts. Purchaser also agrees to pay attorney fees and court costs in the event of a suit. WARRANTY The only warranty/guarantee implied or applied to this quotation are those as put forth by the original manufacturer. Products manufactured by PUMPTECH INC. are warranted to be free from defects in material and workmanship for a period of one (1) year from the date of installation provided that the product is properly installed, serviced, and operated under normal conditions. TAXES The pricing in the quotation does not include any local, state, or federal taxes. If applicable, taxes will be included on the invoice. With the signature below, purchaser agrees to the above terms and conditions, and authorizes PUMPTECH INC. to proceed with the order. (Purchaser's signature) Printed Name & Title (Date) AGENDA BILL CITY OF BREMERTON �� CITY COUNCIL SUBJECT: Interlocal Agreement with Study Session Date: March 28, 2018 Central Kitsap Fire & Rescue and South COUNCIL MEETING Date: April 4, 2018 Kitsap Fire & Rescue for Fire Ground Department: Fire Survival Training and Grant Application Presenter: David Schmitt, Fire Chief Phone: (360) 473-5381 SUMMARY: This Agreement will allow Bremerton to apply for a Fire Ground Survival Program Grant, and to utilize the Grant proceeds to facilitate the Train -the -Trainer program amoung the other local Fire Agencies. ATTACHMENTS: Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): $3700.00 STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement between the City of Bremerton, Central Kitsap Fire & Rescue, and South Kitsap Fire & Rescue; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 INTERLOCAL AGREEMENT BETWEEN CITY OF BREMERTON, CENTRAL KITSAP FIRE AND RESCUE, AND SOUTH KITSAP FIRE AND RESCUE REGARDING FIRE GROUND SURVIVAL TRAINING AND GRANT APPLICATION THIS AGREEMENT is entered into this day of , 2018, between the CITY OF BREMERTON, acting through the Bremerton Fire Department and hereinafter referred to as "Bremerton," CENTRAL KITSAP FIRE AND RESCUE, hereinafter referred to as "Central Kitsap," and SOUTH KITSAP FIRE AND RESCUE, hereinafter referred to as "South Kitsap" (collectively the "Parties" and individually the "Parry"). WHEREAS, Washington State's Interlocal Cooperation Act, RCW, Chapter 39.34, encourages local governments to enter into agreements with one another on a basis of mutual advantage in order to make the most efficient use of their resources for the benefit of their respective citizens; WHEREAS, the Parties wish to participate in the Train -the -Trainer portion of the International Association of Fire Fighters ("IAFF") Fire Ground Survival Program; the overall purpose of the Program is to train fire personnel for "mayday" prevention and "mayday" operations, and train them all consistently on performing potentially life-saving actions if they become lost, disoriented, injured, low on air or trapped; WHEREAS, Bremerton is requesting grant funding from FEMA's Assistance to Firefighters Grant (AFG) to provide the Train -the -Trainer program to train eighteen (18) Lead Instructors, six (6) per Party, in Kitsap County; WHEREAS, the funding agency, FEMA, requires regional host applicants and participating partner agencies to execute a memorandum of understanding or equivalent document (hereinafter "Agreement") signed by all Parties, which specifies the individual and mutual responsibilities of the Parties, each Party's level of involvement in the project(s), and the proposed distribution of all grant funded assets and/or contracted services; WHEREAS, the funding agency requires that the Agreement specify the Parties' EIN numbers, and that any Party named in the grant application as benefiting from the grant award must be an eligible Assistance to Firefighters Grant ("AFG") organization; WHEREAS, Bremerton has opted to act as the host agency for the purposes of applying for the grant, administering the disbursement of the grant funds, and facilitating the Train -the -Trainer Fire Ground Survival Training; NOW, THEREFORE, in consideration of the foregoing recitals, and the promises and covenants hereinafter set forth, the Parties agree as follows: 1. Purpose. The purpose of this Agreement is to allow Bremerton to apply for a Fire Ground Survival Program Grant (hereinafter the "Grant"), and to utilize the Grant proceeds to facilitate the Train -the -Trainer program among the Parties. 2. Aaencv Responsibilities. The Bremerton Fire Department will be the lead entity and host agency and will apply for the Grant, disburse the Grant proceeds, and facilitate the Train -the - Trainer program for the Parties. Central Kitsap and South Kitsap will be the participating partner agencies. Utilizing Grant proceeds, each of the three Parties will provide six employees to receive Interlocal Agreement Regarding Fire tIa^c and ,Survival Training Grant Page 1 of 5 Train -the -Trainer training and become Lead Instructors. Each Party will contribute a third of the ten percent (10%) match that is required by the Grant terms. 3. Le2al/Administrative Entity. No separate legal or administrative entity is created by or pursuant to this Agreement. 4. Agency Employees. Each Party's employees remain employees of that Party at all times, and all actions taken pursuant to this Agreement shall be under the sole supervision of that employee's agency. 5. No Exchange of Compensation. No Party shall receive compensation from another Party pursuant to this Agreement, other than disbursement of Grant funding. 6. Party Representatives. Each Party shall designate one of its members to act as its representative, should the other Parties have any questions, comments, and/or concerns regarding implementation of this Agreement. Each Party shall keep the other Parties apprised, on a current basis, of the name and contact information for its representative. Initially, the representative for Central Kitsap Fire shall be Chief Scott Weninger, the representative for South Kitsap Fire and Rescue shall be Chief Steve Wright, and the representative for the City Fire Department shall be Chief David Schmitt. 7. Non-Assienment of Aereement Obligations. No Party shall assign the obligations of this Agreement to any third parry. 8. Hold Harmless Provisions. Each Parry shall be solely responsible and liable for the consequences of any negligent or wrongful act, or failure to act, by its employees, representatives, and/or agents, in carrying out its obligations under this Agreement; and each Parry shall hold the other Parties harmless from all said wrongful conduct, and shall indemnify the other Parties from any and all losses of every kind and nature, including attorney fees and costs, arising from any claim or action related to its sole negligence. 9. Financial Considerations. This Agreement shall be financed by the Fire Ground Survival Training Grant, and by each Party as to its own responsibilities under this Agreement. No joint budget or joint financial account will be established. The Grant will be utilized as follows: IAFF FGS Mobile Training Apparatus $43,665 Train -the -Trainer Course for up to 30 students $33,335 Overtime cost for 18 students (32hrs @ $59/hr) $33,984 Total Grant Request $110,984 The Grant requires a ten percent (10%) match. The three Parties shall divide the matching component equally. 10. Acquiring, Holding, & Disposing of Jointly Acquired Property. The Parties do not intend to jointly acquire any property, either real or personal, in carrying out the terms of this Agreement, other than Mobile Training Apparatus. The property of any Parry used in implementing this Agreement shall remain that Parry's sole property and under that Party's sole control. For the Interlocal Agreement Regarding Fire tIa^c and ,Survival Training Grant Page 2 of 5 Mobile Training Apparatus, the Parties shall reach written agreement as to who shall be in charge of acquiring and managing the property, and how it will be held and ultimately disposed of at the time of this Agreement's termination. 11. Duration / Notices. This Agreement shall remain in effect from the date it is fully executed by all Parties, until December 31, 2020. For purposes of receiving written notices under this Agreement from each other, the contact persons and addresses for submitting notices to the other are as follows: CITY OF BREMERTON FIRE DEPARTMENT c/o CHIEF DAVID SCHMITT 911 Park Avenue Bremerton, WA 98337 CENTRAL KITSAP FIRE & RESCUE c/o CHIEF SCOTT WENINGER 5300 NW Newberry Hill Rd Silverdale, WA 98383 SOUTH KITSAP FIRE & RESCUE c/o CHIEF STEVE WRIGHT 1974 Fircrest Drive SE Port Orchard, WA 98366 If the name or address of the contact person for a Party ever changes, that Party shall promptly notify the other Parties of its new contact person and/or address for the receipt of notices. All notices hereunder shall be deemed delivered to the receiving Party two business days after being deposited for mailing at a U.S. mail postal drop in Western Washington. 12. Disputes. In the event of a dispute arising between the Parties to this Agreement, each Party shall be responsible for all its own costs and fees, including attorney's fees. 13. Complete Agreement. This Agreement constitutes the full and complete agreement of the Parties as to the matters contained herein. No other verbal or prior written understandings shall have any legal effect whatsoever. Any amendments hereto shall be in writing and signed by all Parties. 14. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute one and the same instrument. 15. Agreement To Be Filed With County Auditor or Published On Web Site. Pursuant to RCW 39.34.040, this Interlocal Agreement shall be filed by the Parties with the Kitsap County Auditor as soon as reasonably practical after its execution, or in the alternative, listed according to subject by each Party on its web site or other electronically retrievable public source. Thereafter, each Party shall notify the other of the method by which it published this Agreement (by either recording it or listing it on its web site) and provide to the other all pertinent information relating thereto. Interlocal Agreement Regarding Fire tIa^c and ,Survival Training Grant Page 3 of 5 [SIGNATURES ON NEXT PAGE] Interlocal Agreement Regarding Fire Groand ,Survival Training Grant Page 4 of 5 IN WITNESS WHEREOF, the Parties have signed this Agreement, as of the dates appearing by their respective signatures, to evidence their consent to all its terms: CITY OF BREMERTON GREG WHEELER, Mayor Date: APPROVED AS TO FORM: ROGER LUBOVICH, City Attorney ATTEST: SHANNON CORIN, City Clerk CENTRAL KITSAP FIRE AND RESCUE Date: SOUTH KITSAP FIRE AND RESCUE Date: BREMERTON FIRE DEPARTMENT DAVID SCHMITT, Fire Chief Date: Interlocal Agreement Regarding Fire Ga^c and ,Survival Training Grant Page 5 of 5 AGENDA BILL 6B CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. 3305 Study Session Date: March 28, 2018 Acknowledging Commitment to Match COUNCIL MEETING Date: April 4, 2018 Surface Transportation Program Grant Department: Public Works & Utilities Funds for Washington Avenue and 11 th Presenter: Tom Knuckey Street Improvements Project Phone: (360) 473-2376 SUMMARY: Staff recommend the City pursue funding from the Surface Transportation Program for improvements on Washington Avenue and 11th Street in the current Regional and Countywide grant competition. The improvements would include design and construction of a roundabout at the west end of the Manette Bridge, along with full street reconstruction from the roundabout north and west to Pacific Avenue. The STP program funds projects at a maximum of 86.5% with a minimum match of $13.5%. The estimated cost of this project is $4,800,000, and staff intend to request $4,152,000 in grant funds, requiring the City commit to providing matching funds of $648,000. In addition, the STP Program rules state that expending STP grant funds for any phase of a project, including design, commits the recipient to constructing all phases of the project within 10 -years of receipt of the grant funds. For this grant cycle, KRCC has required applicants to include acknowledgment of these requirements from the governing body of the City with the grant applications. ATTACHMENTS: Resolution No. 3305 FISCAL IMPACTS (Include Budgeted Amount): If awarded this grant in either the Regional or the Countywide competition, the City would be required to provide $648,000 in matching funds for the project. Currently staff recommend using REET funding for the project; however, State grant funds may become available in the future to offset the REET funds. STUDY SESSION AGENDA: ❑x Limited Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. 3305 acknowledging the commitments associated with receipt of Surface Transportation Program Grant funds for the Washington Avenue and 11th Street Improvements Project. COUNCIL ACTION Form Updated 01/02/2018 ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3305 A RESOLUTION of the City Council of the City of Bremerton, Washington, acknowledging commitments with receipt of Federal Grant Funds for the Washington Avenue and 1 lth Street Improvements Project. WHEREAS, the Surface Transportation Program (STP) administered by the Federal Highways Administration (FHWA) through both the Puget Sound Regional Council (PSRC) and Kitsap Regional Coordinating Council (KRCC) provides grant funding for capital improvements; and WHEREAS, competition for STP funding is currently open for funding that will become available in the years 2021 and 2022, WHEREAS, the STP program funds projects at a maximum rate of 86.5% with a required match rate of 13.5%; and WHEREAS, expending STP program funds for any phase of a project, including design, commits the recipient to constructing all improvements included in the design within 10 - years of receipt of the grant funds; and WHEREAS, the City of Bremerton desires to pursue funding from the STP program through both the PSRC Regional and KRCC Countywide forums for improvements on Washington Avenue and I 11 Street to include a new roundabout at the intersection with the Manette Bridge, along with street reconstruction from the roundabout north and west to Pacific Avenue, hereby designated as the Design and Construction phases of the Washington Avenue and 11th Street Improvements project; and WHEREAS, the Design and Construction phases of the Washington Avenue and 1 lth Street Improvements project has an estimated total project cost of $4.8 million dollars; and WHEREAS, the City intends to seek STP grant funds for the project totaling $4,152,000, with the remaining $648,000 being necessary to match the grant funds; and WHEREAS, the Countywide application for STP grant funds requires acknowledgement from applicants of the required grant match and construction commitment; now therefore, 1 Acknowledge Commitments with FHWA-STP Grant Funds - Resolution From: Lori Smith on behalf of City Council Sent: Wednesday, April 4, 2018 2:30 PM To: City Council Subject: FW: Response to Request for Information - Manette Bridge Roundabout Attachments: '�Bremerton_WashingtonStreet_RFP Vis2_2014014_FINAL.PDF; XP 1896124-DE-RBT.pdf, Manette Rbt 30% Est 052616.xlsx; 10607_2018-2023 TIP (state projects annotated).pdf Attn: Council Members (FYI) (Also note that one printed copy of this e-mail string, with all (4) attachments, is available in the Council Office...) From: Thomas Knuckey Sent: Wednesday, April 4, 2018 2:24 PM To: City Council <City.Council@ci.bremerton.wa.us> Cc: Chal Martin <Chal.Martin @ci.bremerton.wa.us>; Greg Wheeler <Greg.Wheeler@ci.bremerton.wa.us>; Shane Weber `. ......... n.wa.us>;W" ... DeWayne Pitts <DeWayne.Pitts@ci.bremerton.wa.us> Subject: FW: Request for Information - Manette Bridge Roundabout My recollection is that the roundabout on the east side of the Manette bridge that was constructed with the bridge in 2010-2012 was a fairly last-minute addition that was pushed by our Director at the time. I don't recall whether a roundabout at the west end of the bridge was proposed or discussed with WSDOT at the time the new bridge was being constructed. I'm not sure when the roundabout at Washington Avenue initially came up, but the first work that I'm aware that we completed was a feasibility study (with 30% design) that was included in the consultant scope of work for the Washington Avenue Community Boulevard Project that was executed with Parametrix, Inc., in June, 2014. I've attached the three key products from the feasibility study including the site plan showing all improvements within existing right- of-way, the cost estimate (this is old, from 2016) and the rendering. The roundabout was included in that contract to ensure that the improvements we constructed with the Washington Avenue Project would be compatible with a future roundabout if we proposed to pursue it. Since around 2015 we have maintained a project in the TIP titled "Washington Avenue; Warren Ave to Manette Bridge." There is no definition of the project scope, but I believe the thought was that if we pursued a roundabout at the Bridge, that project in the TIP would be our placeholder to pursue funding for the roundabout. In 2017 we greatly expanded both the detail, and number of projects on our TIP. Our current TIP (2018 — 2023, attached) which was adopted by Council Resolution on 6/21/17 includes the first specific identification of the roundabout; see excerpt from the TIP below. I believe the roundabout was specifically discussed during either the Study Session or Council meeting with the TIP adoption, but have not gone back through minutes to confirm. Addition of the roundabout to the TIP was based on previous comments made in discussions with Council, either at the previous TIP adoption in 2016, or at Public Works Committee meetings. The proposed 2018 Regional and Countywide STP applications will be the first grant applications the City has submitted for the roundabout. I was surprised in looking at the CIP in the current budget that both the roundabout at the bridge, and the Washington Avenue; Warren Avenue to Manette Bridge projects were not included. In discussing this with the Director, we've determined that the projects must have been inadvertently deleted during the budget process. This was not intentional, and we would have corrected this when preparing the next TIP, which we'll begin working on either later this month or in May. To me, the key point is that the document that must include projects for us to pursue funding is the TIP, and the current TIP includes both projects. I hope this answers Council's questions, and look forward to the presentation tonight to get into the benfits of the proposed project. In the meantime please feel free to give a call if 11 can answer any other questions on this issue. CITY OF BREMERTON PROPOSED TRANSPORTATION IMPROVEMENT PROGRAM 2018.202; Tom Knuckey, P.E. City Engineer City of Bremerton Desk (360) 473-2376/Cell (360) 509-0870 homas.knucke ci.bremerton.wa.us From: Lori Smith On Behalf Of City Council Sent: Tuesday, April 3, 2018 8:51 AM To: Chal Martin <Chal.Martin ci.bremerton.wa.us>; Thomas Knuckey <Thomas.Knucke ci.bremerton.wa.us> Cc: City Council <Cit .Council ci.bremerton.wa.us> Subject: Request for Information - Manette Bridge Roundabout Attn: Chal Martin, PW Director Tom Knuckey, City Engineer Following the March 28 Study Session, several Council Members asked questions regarding the history behind the proposed roundabout for the west end of the Manette Bridge. In response, can you please provide general information regarding the roundabout concept that may include Grants, Construction Projects (Manette Bridge?), TIP; and approximate timeframe this discussion took place. F I y 1 i I 1, V tlti Tom Knuckey, P.E. City Engineer City of Bremerton Desk (360) 473-2376/Cell (360) 509-0870 homas.knucke ci.bremerton.wa.us From: Lori Smith On Behalf Of City Council Sent: Tuesday, April 3, 2018 8:51 AM To: Chal Martin <Chal.Martin ci.bremerton.wa.us>; Thomas Knuckey <Thomas.Knucke ci.bremerton.wa.us> Cc: City Council <Cit .Council ci.bremerton.wa.us> Subject: Request for Information - Manette Bridge Roundabout Attn: Chal Martin, PW Director Tom Knuckey, City Engineer Following the March 28 Study Session, several Council Members asked questions regarding the history behind the proposed roundabout for the west end of the Manette Bridge. In response, can you please provide general information regarding the roundabout concept that may include Grants, Construction Projects (Manette Bridge?), TIP; and approximate timeframe this discussion took place. Any information received will be shared with all Council Members for their consideration of Item 6B — Resolution No. 3305. Thank you, Christine v Christine Grenier Council/Auditor Assistant Bremerton City Council (360) 473-5280 Ci .Council ouncil@ci.bremerton.wa.us www.BremertonWA.eov w^ � QO Y; Jai m�l 7� Wz 0 U W �o z r W U a LL 2 G oa � ve zz =g ya W4 +m V15 l'fiEl W IM i I l9'GBl I IL -01 i L'961 I i ti l V61 Not 069C+OlG' , r 8 _ rml e I S 1 6,961 9l 1f1' 6l 1961 1 � Q F ♦ t a a r3" sesel V wwt-M 1w uo•os+sol its V,,5 0161 �I tlTY r7-= M KM'�i101 ._%Kelly. M._.01101 __NI..,..;7. I r q� ✓1 �Wa rvl� ��R (�r �I• �I. 'IW"��plsff I IV f� f, r �IrI w^ � QO Y; Jai m�l 7� Wz 0 U W �o z r W U a LL 2 G oa � ve zz =g ya W4 +m V15 l'fiEl W IM i I l9'GBl I IL -01 i L'961 I i ti l V61 Not 069C+OlG' , r 8 _ rml e I S 1 6,961 9l 1f1' 6l 1961 1 � Q F ♦ t a a r3" sesel V wwt-M 1w uo•os+sol its V,,5 0161 �I tlTY r7-= M KM'�i101 ._%Kelly. M._.01101 __NI..,..;7. a ml I Lml 1,951 41-"t 9,951 LML I'm 1 91vt reel cmi 8,95L PARAMETRIX 30% Opinion (Estimate) of Probable Cost Project No. Date 233 1896 124 16/66/2016 Project Name Washington Avenue/Manette Roundabout (30% Estimate) Forth 05-PD-189/Rev. 07105 Estimated By: Date: Matt Craig, PE 5/23/2016 Checked By: D. Dinkuhn Date: 05/26/16 ITEM NO. SPEC SECTION DESCRIPTION CITY UNIT UNIT PRICE TOTAL COST SCHEDULE A - ROUNDABOUT Al 1-04 Minor Change 1 FA $15,000.00 $15,000 A2 1-07 SPCC Plan 1 LS $2,500.00 $2,500 A3 1-09 Mobilization (10%) 1 LS $60,443.00 $60,443 A4 1-10 Project Temporary Traffic Control 1 LS $100,000.00 $100,000 AS 2-01 Clearing and Grubbing 0.10 Acre $10,000.00 $1,000 A6 2-02 Removal of Structure and Obstruction 1 LS $45,000.00 $45,000 A7 2-02 Removing Asphalt Concrete Pavement 2500 SY $8.00 $20,000 A8 2-02 Removing Cement Conc. Sidewalk 655 SY $12.00 $7,860 A9 2-02 Removino Cement Conc. Curb and Gutter 825 LF $4.00 $3,300_ A10 2-03 Roadway Excavation Ind. Haul 650 CY $20.00 $13,000 All 2-03 Unsuitable Foundation Excavation Ind. Haul 65 CY $22.00 $1,430 Al2 2-03 Select Borrow incl. Haul 120 Ton $16.00 $1,920 A13 4-04 Crushed Surfacing Top Course 205 Ton $35.00 $7,175 A14 4-04 Crushed Surfacing Base Course 600 Ton $35.00 $21,000 A15 5-04 HMA CL 1/2 In. PG 64-22 375 Ton $125.00 $46,875 A16 5-04 Planing Bituminous Pavement 85 SY $5.00 $425 A17 5-05 Textured Cement Concrete Truck Apron 170 SY $65.00 $11,050 A18 5-05 Textured Commercial Concrete Splitter Island 120 SY $65.00 $7,800 A19 7-04 Schedule A Storm Sewer Pipe 12 In. Diam. 220 LF $75.00 $16,500 A20 7-04 Testing Storm Sewer Pipe 220 LF $2.00 $440 A21 7-05 Catch Basin Type 1 7 Each $1,800.00 $12,600 A22 7-05 Adjust Catch Basin 6 Each $500.00 $3,000 A23 7-05 Connection to Drainage Structure 3 Each $500.00 $1,500 A24 7-12 Adjust Valve Box 6 Each $500.00 $3,000 A25 B-01 Erosion/Water Pollution Control 1 FA $2,500.00 $2,500 A26 8-01 Seeding, Fertilizing, and Mulching 0.10 Acre $7,500.00 $750 A27 8-01 Inlet Protection 13 Each $250.00 $3,250 A28 8-01 Street Cleaning 50 HR $150.00 $7,500 A29 8-04 Cement Conc. Traffic Curb and Gutter 920 LF $28.00 $25,760 A30 8-04 Cement Conc. Traffic Curb 600 LF $25.00 $15,000 A31 8-04 Cement Con. Pedestrian Curb 30 LF $20.00 $600 A32 8-04 Roundabout Truck Apron Cam. Conc. Curb and Gutter 150 LF $35.00 $5,250 A33 8-14 Cement Conc. Sidewalk 1,055 SY $50.00 $52,750 A34 8-14 Cement Conc. Curb Ramp Type Perpendicular B 4 Each $1,800.00 $7,200 A35 8-14 Detectable Warning Surface 32 SF $50.00 $1,600 A36 8-20 Illumination System, Complete 1 LS $80,000.00 $80,000 A37 8-20 RRFB System (2 crossings), Complete 1 LS $65,000.00 $65,000 A38 8-21 Permanent Signing 1 LS $5,000.00 $5,000 A39 8-22 Plastic Yield Line Symbol 15 Each $30.00 $450 A40 8-22 Plastic Traffic Arrow 6 Each $150.00 $900 A41 8-22 Plastic Line 880 LF $1.50 $1,320 A42 8-22 Plastic Crosswalk Line 225 SF $5.00 $1,125 A43 8-22 RemovingTraffic Markings 1 LS $600.00 $600 A44 8-23 Temporary Pavement Marking 1 LS $3,000.00 $3,000 SUBTOTAL $682.373 ENGINEERING AND CONSTRUCTION MANAGEMENT COSTS ENGINEERING DESIGN AND PERMITTING $180,000 CONSTRUCTION MANAGEMENT (10%) $68,237 SUBTOTAL $248,237 25% Contingency $279,183 TOTAL PROJECT COST $1,209,793 Page 1 of 1 O p 0 0 0 0 0 0 0 0 p O O N 0 0 p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 P N N N N N t0 P N 7 N M O O1 N O W u r e, r, 0 0 0' O - ' 19 O O' ,. ,. r r,, i. ,, n ii v,§ , 4. ,, O O M $gg g �5fg 9 99 d m O N 0 ag Ef g gggs g N • R. 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The City Council acknowledges the commitments associated with acceptance of FHWA STP grant funds for the Washington Avenue and 1 11h Street Improvements Project. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 4. EEective Date. This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of .2018. APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 2 ERIC YOUNGER, Council President ATTEST: SHANNON CORIN, City Clerk Acknowledge Commitments with FHWA-STP Grant Funds - Resolution AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Norm Dicks Government Center Tenant Improvements Project Phase II Budget Adjustment 6C Study Session Date: March 28, 2018 COUNCIL MEETING Date: Aoril 4. 2018 Department: Presenter: Phone: Public Works Chal Martin (360) 473-5758 SUMMARY: Work is set to begin to finalize the interior building improvements for the City's recently -purchased space in the Norm Dicks Government Center. The last phase involves work on the east end of the fifth floor to accommodate Information Services and the Prosecutors. We are asking for $120,000 of budget authority to do this work. ATTACHMENTS: 1) Space layout graphics 2) Project punchlist FISCAL IMPACTS (Include Budgeted Amount): This phase of the work was not budgeted for 2018 and will require a budget adjustment. Staff is recommending that funding for this project be sourced from the City's Real Estate Excise Tax. STUDY SESSION AGENDA: ❑ Limited Presentation x❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve a budget adjustment to increase the General Fund Facilities expenditure budget by $120,000, to modify Norm Dicks Government Center fifth floor space for the City's Information Services staff and the City's Prosecuting Attorney staff, with a transfer of revenue from Real Estate Excise Tax receipts (Fund 308) in the same amount. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/02/2018 I c MT, 7 -1 11 ..... . . . . � � .\ �� } vr'! . \ 7� � . ..... . . . . ,. . . 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W r r uuI�� NDGC — 5th Floor IS and Prosecutors Space Improvements — Remodel Project (March 29, 2018) Carpet Replacement (throughout) Tile Flooring Office Furnishings — Miscellaneous City Overtime Labor for Construction, Carpet, etc. (130 hours estimated) Electrical, Lighting, Ceiling Grid Charges, Miscellaneous Materials Fire Alarm, Sprinkler Charges Security Barrier, Security System, Panic Buttons, Cameras Wall Demolition, New Construction, Contractor Materials Counter and Cabinetry Work Window Coatings and Coverings Appliance Upgrades Doors, Frame Sets, Side Lights Design, Engineering Services, Permit Costs Lock Sets, Access Hardware, Signage Preparation, Primer and Painting Work Tota I Addition of 5% Contingency Estimated Total Cost $12,000 $3,000 $10,000 $6,500 $3,000 $5,000 $10,000 $15,000 $3,500 $2,000 $2,000 $3,500 $2,000 $2,000 $3,000 $82,500.00 $4,125 $86,625.00 Public Works & Utilities 1 100 Oyster Bay Ave. N., Bremerton, WA 98312 * Phone (360) 473-5920 * Fax (360) 473-2330 Working for and with our residents to establish Bremerton as Puget Sound's most beautiful and livahle waterfront city! \ \ ���,� / © � § \ § \ � � / � � � \ \ :( � \ � Z \ ` � / .� � � \ \ � \ � � \ � /� � \ � ^ � � \ �, » \ . ��/ \ �\y / � � ^ � � � � � \ jr, ^ « \ :\ \ « � � / \ \�� � � 9 � � \ � \ blo _j 0 0 r-7 L- 0 0 > E co -0 0) 0 0 0 blo _j 0 0 E 0 > E co -0 blo r*4 (3s) N (3s) J Thr D 'yM viz 0e 00 e I''nylF"�) e I} 'h ' 0 ;1 MT LU uj co UD ,r4 � N I w 0 or) Itifr �r CL s N► Ln ww w !NM w r w A Cf L M LVJ C N Y \_l