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HomeMy WebLinkAbout08/14/2019 STUDY SESSION PACKET______________________________________________________________ CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280 AUGUST 14, 2019 - Final CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public, but 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 Council, the items will be placed on the August 21, 2019 Council Meeting Agenda: A.INFORMATION BRIEFINGS 1.Municipal Court Updates – Dawn Williams, Municipal Court Administrator 2.Letter of Understanding with Waste Management – Tom Knuckey, Public Works & Utilities Director B.BRIEFINGS ON AGENDA ITEMS 1.Professional Services Agreement with Parametrix, Inc. for Design of the Downtown Bremerton Bicycle/Pedestrian Circulation Improvements Project 2.Local Agency Participating Agreement Amendment No. 1 with WSDOT for Signal Systems as part of the SR 304 (Burwell Street) Overlay Project 3.Interlocal Agreement Exhibit A with Kitsap County for Annual Striping Services 4.Professional Services Agreement with HDR Engineering, Inc. for the Wastewater Salinity Impact Study 5.Commercial & Investment Real Estate Purchase & Sale Agreement with Peterson Neil J Family LLC for property located at Oyster Bay Avenue North, Lot 007-02 6.Additional Equipment Rental and Labor Costs associated with Bypass Pumping Contract at Pump Station CE-4 7.Public Hearing on Ordinance revising the Corporate Boundary with Kitsap County at the south end of Oyster Bay Avenue 8.Professional Services Agreement Amendment No. 1 with FCS Group for Engineering Division Workload Study 9.Resolution authorizing Sole Source Purchase of Sensus Flexnet System from Ferguson Waterworks Item pulled… 10.Telecommunications Facilities Lease Agreement Amendment No. 2 with Seattle SMSA Limited Partnership d/b/a Verizon Wireless 11.Interlocal Agreement; and Utility, Street Frontage and Traffic Study Agreement with the Quinault Indian Nation 12.Ordinance No. 5373 creating Chapter 5.14 of the Bremerton Municipal Code entitled “Massage and Reflexology Businesses” C.GENERAL COUNCIL BUSINESS Other General Council Business D.ADJOURNMENT OF STUDY SESSION Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting. Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Municipal Court Updates Study Session Date: August 14, 2019 Presenter: Dawn Williams, Court Phone: (360) 473-5242 SUMMARY: Changing of Collection Agencies Mitigation by Mail HANDOUTS: STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A1 Form Created 5/4/15 INFORMATION ONLY ITEM CITY OF BREMERTON CITY COUNCIL SUBJECT: Letter of Understanding with Waste Management Study Session Date: August 14, 2019 Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Following the execution of the 2018 contract with Waste Management, the City and Waste Management became aware of inconsistencies in the executed contract that require correction. The attached Council Summary outlines these issues and the attached Letter of Understanding corrects the inconsistencies. HANDOUTS: 1) Council Summary; 2) Letter of Understanding with Waste Management STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation A2 Council Summary Letter of Understanding with Waste Management Following the execution of the 2018 Agreement with Waste Management for Garbage, Recycling and Compostable Organics Collection and Disposal, the City and Waste Management became aware of inconsistencies in the executed contract that require correction. The attached Letter of Understanding has been drafted to correct these inconsistencies which are explained in more detail below: Commercial Recyclables Collection The new contract includes a provision in definition of Residential Customers for Small Businesses that generate small volumes of solid waste to be charged at the residential rate. This provision qualifies these customers for recycling; however, the recycling for small commercial customers in not included in Section 7.1 of the contract. The LOU will add a new paragraph to Section 7.1 of the contract to include this service. Low Income-Disabled Service A discount for low income or disabled customers was established in the new contract; however, the contract does not identify the discount amount, nor the mechanism for the City to notify Waste Management of any changes in the customers qualifying for the discount. The discount has been negotiated at 10%, which is a similar discount that these customers receive on their utility bills. These issues are addressed with added language to Section 10.3, and Exhibit A to the contract. Account Set-up Fee and Paper Invoice Fee Section 10.1 of the contract requires new customers to pay an account set-up fee, and also requires customers to pay a fee if they chose to receive a paper invoice; however, these fees were not included in Exhibit A of the contract. The fees have been negotiated at $22.00 for account set-up (which is the same as the City’s set-up fee), and $1.50 for the paper invoice; these fees are not subject to the CPI increase. These new fees are added to Exhibit A to the contract. June 27, 2019 Mr. Thomas Knuckey Public Works Director City of Bremerton 100 Oyster Bay Ave. N Bremerton, WA 98312 RE: Letter of Understanding to Address Sections 7.1, 10.3 and Exhibit A of the Contract Executed on November 9, 2018 Dear Mr. Knuckey: The purpose of this Letter of Understanding (“LOU”) is to amend Section 7.1, General Recycling Provisions; Section 10.3, Low-Income Disabled Discount, and Exhibit A, Contractor Rates, of the Agreement for Garbage, Recycling and Compostable Organics Collection, and Disposal between the City of Bremerton (“City”) and Waste Management of Washington, Inc. (“WM”). The Parties agree to amend Section 7.1 to add the following language: “The cost of every other week Commercial Recyclables collection, up to 96 gallons, shall be included in the rates for Commercial Garbage Cart collection set forth in Exhibit A. Extra recyclables up to one 32-gallon container shall be subject to the fees set forth in Exhibit A. Any additional Recyclable materials beyond one 32-gallon container shall be separately negotiated outside of this Agreement at a price and terms established solely between the Contractor and Commercial Customer.” The Parties agree to amend Section 10.3 to add the following language: “The City shall notify Contractor of any changes to the City Utility customers that have been qualified as low-income disabled list by the 20th of each month to pnwmunicipalaffairs@wm.com.” The Parties agree to amend Exhibit A to add the following fees identified in Section 10.1, Contractor Billing: (1) $1.50 paper invoice fee per billing cycle for customers who choose to use a paper invoice and bill pay process, and (2) $22.00 account set-up fee for all new accounts. These fees are not subject to the CPI in Section 9.3. 720 4th Ave, Suite 400 Kirkland, WA 98033 WASTE MANAGEMENT Page 2 of 6 The Parties further agree to amend Exhibit A to establish the low-income disabled discount for residential services at ten percent (10%) per Section 10.3. By signing below, the City and Waste Management approve and accept the terms of this LOU and acknowledge this LOU: (a) creates a legally binding obligation upon the parties, (b) shall be governed and constructed in accordance with the laws of the State of Washington regardless of any conflict of law provisions, (c) sets for the entire agreement between the City and WM with respect to the subject matter hereof and supersedes all prior negotiations, representations, understandings and agreements with respect to the subject matter hereof, and (d) may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Sincerely, Mindy Rostami Senior Manager, Strategic Contracting and Municipal Legal Affairs Waste Management of Washington, Inc. Acknowledged and agreed upon by: CITY OF BREMERTON WASTE MANAGEMENT OF WASHINGTON, INC. By: ________________________________ By: _____________________________ Its: ________________________________ Its: _____________________________ [Exhibit A on following pages] Page 3 of 6 Exhibit A Rate Schedule Page 4 of 6 Page 5 of 6 Page 6 of 6 AGENDA BI LL CITY OF BREMERTON CITY COUNCIL Study Session Date: August 14, 2019 SUBJECT: Professional Services Agreement with Parametrix, Inc. for Design of the Downtown Bremerton Bicycle/Pedestrian Circulation Improvements Project COUNCIL MEETING Date: August 21, 2019 Department: Engineering Presenter: Chris Dimmitt Phone: (360) 473-2307 SUMMARY: The project will install bicycle lane improvements on Washington Ave, Burwell St, and Pacific Ave and install pedestrian lighting improvements to three existing crosswalks along Pacific Ave. The City evaluated four consultant’s Statement of Qualifications from the MRSC roster, from which Parametrix was selected. ATTACHMENTS: 1) Professional Services Agreement with Parametrix; 2) Site Plan FISCAL IMPACTS (Include Budgeted Amount): The funding is included in the 2019 Trans Cap budget. STUDY SESSION AGENDA: ☒Limited Presentation ☐Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐General Business ☐Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Parametrix for design of the Downtown Bicycle /Pedestrian Improvement Project; 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 B1 PROFESSIONAL SERVICES AGREEMENT Downtown Bremerton Bicycle / Pedestrian Circulation Improvements. The City of Bremerton (“City”) and Parametrix, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I.Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II.Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III.Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $30,622.51. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Page 1 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 Page 2 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 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 the performance of this Agreement except for that portion of the injuries and damages caused by the City’s sole negligence, unless Consultant is conducting work pursuant to Subsection B below. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. B.Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE Page 3 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 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-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1.Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2.Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3.Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4.Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5.Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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. Page 4 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII.General Conditions: A.Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B.Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City’s sole risk. C.Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Page 5 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 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 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 _Bremerton_, 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 1st 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Chris Dimmitt Attn: David Dinkuhn City of Bremerton Parametrix, Inc. 345 6th Street, Suite 100 60 Washington Ave., Suite 390 Bremerton, WA 98337-1891 Bremerton, WA 98337 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. Page 6 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 L.Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M.Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N.Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O.Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII.Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX.Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A.Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the 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. Page 7 of 7 Bremerton/Parametrix Inc. Downtown Bremerton Bicycle / Pedestrian Circulation Improvements Rev. 07/2018 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. 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON PARAMETRIX, INC. By: By: Print Name: Greg Wheeler Print Name: Title: Mayor Title: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Woods, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 07 2018.docx City of Bremerton 233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements 1 July 2019 EXHIBIT A SCOPE OF WORK City of Bremerton Downtown Bremerton Bicycle Pedestrian Circulation Improvements INTRODUCTION This exhibit presents Parametrix’s proposed scope of work (SOW) for preparation of construction plans, specifications, and engineers estimate (PS&E) for the Downtown Bremerton Bicycle/Pedestrian Circulation Improvements project. Construction drawings for the project will be prepared using preliminary plans provided by City staff. The work includes new channelization at several streets in the downtown corridor to improve circulation, particularly bicycle circulation to and from the ferry terminal. This SOW makes a worst-case assumption that three new pedestrian luminaires will be installed at three crosswalks on Pacific Avenue. If the City selects an alternative solution (such as lighted bollards or flashing crosswalk signs) during initial design, the proposed budget will be sufficient to address the change. A proposed schedule for the work is provided in Exhibit B and our proposed budget is attached as Exhibit C. REFERENCE DOCUMENTS: WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, 2018 WSDOT Design Manual; February 2019 NACTO Urban Street Design Guide; 2013 AASHTO Guide for the Development of Bicycle Facilities; 2012 The following tasks are associated with this SOW. Task 1 – Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City and other members of the design team to review project status. Activities The following activities would be performed as part of this task: •Schedule, prepare for, attend, and document up to two project meetings that will include Parametrix and City staff. •Manage and direct the project technical team. •Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). •Prepare monthly progress reports and progress billings and submit to the City for approval and payment. The monthly report will include a narrative of the work performed and the tasks to be performed in the SCOPE OF WORK (continued) City of Bremerton 233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements 2 July 2019 next reporting period and, if necessary, explanation of delays, problems, responsive action requirements by the Parametrix and the City, and other project needs. Deliverables The following deliverables will be prepared: •Routine correspondence and monthly progress reports. •Meeting agendas and notes. Assumptions The following assumptions apply to this task: •Project meetings will be attended by the Parametrix project manager. •Project duration will be 6 months (August 2019 through January 2020). Task 2 – Preliminary Design (50%) Objective Perform light level measurements and prepare 50% plans and cost estimate. Activities The following activities would be performed as part of this task: •Perform a site walk with City staff. •Perform field measurements of existing light levels at the three subject crosswalks using a hand-held photometer. •Select pedestrian lighting scheme based on evaluation of existing light levels, safety, and aesthetic requirements. Selection will be a cooperative effort between Parametrix and City staff. •Prepare 50% complete design plans based on City preliminary concepts. •Develop 50% cost estimate using City’s preliminary estimates to vet cost assumptions and evaluate budget. Deliverables The following deliverables will be prepared: •Plan sheets as follows o Cover Sheet and Sheet Index 1 sheet o Legend and Abbreviations 1 sheet o Construction Notes 1 sheet o Survey Control 1 sheet o Channelization Plans 8 sheets o Electrical Plan 1 sheet 13 Sheets Total •50% cost estimate. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements 3 July 2019 Assumptions The following assumptions apply to this task: •Plans will utilize aerial photographs provided by the City; no survey will be conducted. •Luminaires will be powered using existing cabinet and City will provide existing cabinet electrical schedule, load calculations, and one-line diagram. Site visit by electrical engineer will not be required. •Luminaires will have photocell control and no special lighting controls will be required. •Two hard copies and one PDF set of all plans (11″x17″) and cost estimate will be provided. Task 3 – 90% Design, and Final Plans, Specifications, and Estimates (PS&E) Objective Prepare 90% design and Final PS&E for the project. Activities The following activities would be performed as part of this task: •Develop final engineering plans from the 50% plans. •Prepare a cost estimate at each deliverable stage. •Prepare special provisions at each deliverable stage. •Prepare contract documents for the 90% and final deliverables packages. Deliverables The following deliverables will be prepared: •Plan sheets as follows o Cover Sheet and Sheet Index 1 sheet o Legend and Abbreviations 1 sheet o Construction Notes 1 sheet o Survey Control 1 sheet o Channelization Plans 8 sheets o Channelization Details 1 sheet o Electrical Plan and Details 1 sheet Total Sheets 14 •90% design and final cost estimates. •90% design and final contract documents. •Two hard copies and one PDF set of all plans (11″x17″), special provisions, and cost estimates at each design stage. •AutoCAD and PDF files of all drawings and documents provided on CD. Assumptions The following assumptions apply to this task: SCOPE OF WORK (continued) City of Bremerton 233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements 4 July 2019 •No traffic control plans will be provided. Plans will reference standard WSDOT traffic control plans and Contractor will be required to provide traffic control plans as a submittal for approval. •Special provisions will follow WSDOT format. Task 4 – Engineering Services During Construction Objective Provide construction engineering support as requested by the City during the construction phase of the project. This work will be added by amendment. Activities The following activities may be performed as part of this task: •Review and respond to Contractor’s material submittals, catalog cut sheets, and shop drawings. •Respond to Contractor’s requests for information (RFIs). •Conduct a site walk at substantial completion to assist the City in the punch list inspection. Deliverables The following deliverables will be prepared: •Electronic copies of Parametrix’s responses to material submittals, cut sheets, shop drawing review, and RFIs. Assumptions The following assumptions apply to this task: •Parametrix will review and respond to shop drawing submittals at an estimated 1.5 hours each, material submittals at an estimated 0.5 hour each, and RFIs at an estimated 1 hour each. •A total of [TBD] shop drawings submittals, [TBD] materials submittals, and [TBD] RFIs will be reviewed. Task 5 – Management Reserve Objective Work under this task will provide additional technical services as requested and authorized in writing by the City. SCOPE OF WORK (continued) City of Bremerton 233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements 5 July 2019 EXHIBIT B – SCHEDULE Work Element Completed By Notice to Proceed August 22, 2019 50% Plans and Cost Estimate (8 weeks) 90% PS&E (5 weeks) Final PS&E (4 weeks) October 17, 2019 November 21, 2019 December 19, 2019 Design Phase Closeout January 30, 2020 NOTE: The assumed turnaround time for City review of deliverables is 1 week. Project: Downtown Bremerton Bicycle Pedestrian Circulation Improvements Direct Salary Cost (DSC): Classification Man Hours =Rate =Cost Sr. Consultant 22 X $72.12 $1,586.64 Sr. Electrical Engineer 20 X $64.05 $1,281.00 Electrical Designer IV 10 X $45.05 $450.50 Engineer II 129 X $38.46 $4,961.34 Project Controls Specialist 6 X $35.98 $215.88 Sr. Publications Specialist 10 X $32.26 $322.60 Sr. Project Accountant 6 X $38.22 $229.32 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 X $0.00 Total DSC =$9,047.28 Overhead (OH Cost -- including Salary Additives): OH Rate x DSC of 179.52 % x $$9,047.28 $16,241.68 Fixed Fee (FF): FF Rate x DSC of 28 % x $$9,047.28 $2,533.24 Management Reserve $2,800.31 Grand Total $30,622.51 Cost Estimate Parametrix 7/16/2019 Bicycle Pedestrian Circulation cost estimate_07152019.xls SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 7/26/2019 Dealey,Renton &Associates P.O.Box 12675 Oakland,CA 94604-2675 License #0020739 510-465-3090 510-452-2193 certificates@dealeyrenton.com National Fire Insurance Co of Hartford 20478 PARAMETRI Valley Forge Insurance Company 20508Parametrix,Inc. 1019 39th Ave.SE Suite 100 Puyallup,WA 98374 (253)604-6600 Continental Insurance Company 35289 American Casualty Company of Reading PA 20427 XL Specialty Insurance Co.37885 801325588 A X 1,000,000 X 1,000,000 X Contractual Liab 10,000 X XCU Included 1,000,000 2,000,000 X X WA Stop Gap/EL Y Y 6050531366 11/1/2018 11/1/2019 2,000,000 WA Stop Gap 1,000,000 B 1,000,000 X X X Y Y 6050531352 11/1/2018 11/1/2019 C X X 10,000,000605053143311/1/2018 11/1/2019 10,000,000 X 0 D D XY6050531383 6050531402 11/1/2018 11/1/2018 11/1/2019 11/1/2019 WA STOP GAP 1,000,000 1,000,000 1,000,000 E Professional Liability Claims Made Pollution Liability Included DPR9932956 11/1/2018 11/1/2019 Per Claim Annual Aggregate Retroactive Date: $1,000,000 $1,000,000 01/01/1969 Umbrella Liability policy is a follow-form to underlying General Liability/Auto Liability/Employers Liability. Re:233-1896-8BD Downtown Bremerton Bicycle Pedestrian Circulation Improvements --The City of Bremerton is named as an additional insured as respects general &auto liability as required per written contract or agreement.General Liability is Primary/Non-Contributory per policy form wording.Insurance coverage includes waiver of subrogation per the attached endorsement(s). City of Bremerton Attn:Christopher Dimmitt 345 6th St,Suite 100 Bremerton WA 98310 CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1. IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2. WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. Information required to complete this Schedule,if not shown above,will be shown in the Declarations. It is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To The Insurer is amended by the addition of the following: Solely with respect to the person or organization shown in the Schedule above,the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured’s ongoing operations or your work done under a contract with that person or organization and included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6050531366CNA75008XX(1-15)Policy No: 7Page1 of 1 Endorsement No: Nat'l Fire Ins Co of Hartford PARAMETRIX, INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020006660505313665478 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I.The WHO IS AN INSURED section is amended to add as an Insured any person or organization whom the Named Insured is required by written contract to add as an additional insured on this coverage part,including any such person or organization,if any,specifically set forth on the Schedule attachment to this endorsement.However,such person or organization is an Insured only with respect to such person or organization’s liability for: A.unless paragraph B.below applies, 1.bodily injury,property damage,or personal and advertising injury caused in whole or in part by the acts or omissions by or on behalf of the Named Insured and in the performance of such Named Insured’s ongoing operations as specified in such written contract;or 2.bodily injury or property damage caused in whole or in part by your work and included in the products- completed operations hazard,and only if a.the written contract requires the Named Insured to provide the additional insured such coverage;and b.this coverage part provides such coverage. B.bodily injury,property damage,or personal and advertising injury arising out of your work described in such written contract,but only if: 1.this coverage part provides coverage for bodily injury or property damage included within the products completed operations hazard;and 2.the written contract specifically requires the Named Insured to provide additional insured coverage under the 11-85 or 10-01 edition of CG2010 or the 10-01 edition of CG2037. II.Subject always to the terms and conditions of this policy,including the limits of insurance,the Insurer will not provide such additional insured with: A.coverage broader than required by the written contract;or B.a higher limit of insurance than required by the written contract. III.The insurance granted by this endorsement to the additional insured does not apply to bodily injury,property damage,or personal and advertising injury arising out of: A.the rendering of,or the failure to render,any professional architectural,engineering,or surveying services, including: 1.the preparing,approving,or failing to prepare or approve maps,shop drawings,opinions,reports,surveys, field orders,change orders or drawings and specifications;and 2.supervisory,inspection,architectural or engineering activities;or B.any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. IV.Notwithstanding anything to the contrary in the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance,this insurance is excess of all other insurance available to the additional insured whether on a primary,excess,contingent or any other basis.However,if this insurance is required by written 6050531366CNA75079XX(1-15)Policy No: 5Page1 of 2 Endorsement No: Nat'l Fire Ins Co of Hartford PARAMETRIX, INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission.10020006660505313665476 CNA PARAMOUNT Blanket Additional Insured -Owners,Lessees or Contractors -with Products-Completed Operations Coverage Endorsement contract to be primary and non-contributory,this insurance will be primary and non-contributory relative solely to insurance on which the additional insured is a named insured. V.Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence,Offense,Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice of any claim,or any occurrence or offense which may result in a claim; 2.except as provided in Paragraph IV.of this endorsement,agree to make available any other insurance the additional insured has for any loss covered under this coverage part; 3.send the Insurer copies of all legal papers received,and otherwise cooperate with the Insurer in the investigation,defense,or settlement of the claim;and 4.tender the defense and indemnity of any claim to any other insurer or self insurer whose policy or program applies to a loss that the Insurer covers under this coverage part.However,if the written contract requires this insurance to be primary and non-contributory,this paragraph (4)does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VI.Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires the Named Insured to make a person or organization an additional insured on this coverage part,provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy;and B.was executed prior to: 1.the bodily injury or property damage;or 2.the offense that caused the personal and advertising injury for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement,which forms a part of and is for attachment to the Policy issued by the designated Insurers,takes effect on the effective date of said Policy at the hour stated in said Policy,unless another effective date is shown below,and expires concurrently with said Policy. 6050531366CNA75079XX(1-15)Policy No: 5Page2 of 2 Endorsement No: Nat'l Fire Ins Co of Hartford PARAMETRIX, INC.Insured Name: Copyright CNA All Rights Reserved.Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA63359XX (Ed.04/12) THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT -BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM name,with your permission,while performingI.LIABILITY COVERAGE duties related to the conduct of your business. A.Who Is An Insured "Policy,"as used in this provision A.Who Is An The following is added to Section II,Paragraph Insured,includes those policies that were in force A.1.,Who Is An Insured:on the inception date of this Coverage Form but: 1.a.Any incorporated entity of which the 1.Which are no longer in force;or Named Insured owns a majority of the 2.Whose limits have been exhausted.voting stock on the date of inception of this Coverage Form;provided that,B.Bail Bonds and Loss of Earnings b.The insurance afforded by this provision Section II,Paragraphs A.2.(2)and A.2.(4)are A.1.does not apply to any such entity revised as follows: that is an "insured"under any other 1.In a.(2),the limit for the cost of bail bonds isliability"policy"providing "auto"coverage. changed from $2,000 to $5,000;and 2.Any organization you newly acquire or form, 2.In a.(4),the limit for the loss of earnings isotherthanalimitedliabilitycompany, changed from $250 to $500 a day.partnership or joint venture,and over which you maintain majority ownership interest.C.Fellow Employee The insurance afforded by this provision A.2.:Section II,Paragraph B.5 does not apply. a.Is effective on the acquisition or formation Such coverage as is afforded by this provision C.date,and is afforded only until the end of is excess over any other collectible insurance.the policy period of this Coverage Form, II.PHYSICAL DAMAGE COVERAGEorthenextanniversaryofitsinception date,whichever is earlier.A.Glass Breakage –Hitting A Bird Or Animal – b.Falling Objects Or MissilesDoesnotapplyto: (1)Section III,Paragraph"Bodily injury"or "property damage"The following is added to A.3.caused by an "accident"that : occurred before you acquired or With respect to any covered "auto,"any deductibleformedtheorganization;or shown in the Declarations will not apply to glass (2)Any such organization that is an breakage if such glass is repaired,in a manner "insured"under any other liability acceptable to us,rather than replaced. "policy"providing "auto"coverage.B.Transportation Expenses 3.Any person or organization that you are Section III,Paragraph A.4.a.is revised,withrequiredbyawrittencontracttonameasanrespecttotransportationexpenseincurredbyyou,additional insured is an "insured"but only with to provide:respect to their legal liability for acts or omissions of a person,who qualifies as an a.$60 per day,in lieu of $20;subject to "insured"under Section II –Who Is An b.$1,800 maximum,in lieu of $600.Insured and for whom Liability Coverage is afforded under this policy.If required by C.Loss of Use Expenses written contract,this insurance will be primary Section III,Paragraph A.4.b.is revised,withandnon-contributory to insurance on which respect to loss of use expenses incurred by you,the additional insured is a Named Insured. to provide: 4.An "employee"of yours is an "insured"while a.$1,000 maximum,in lieu of $600.operating an "auto"hired or rented under a contract or agreement in that "employee's" CNA63359XX Page 1 of 3Copyright,CNA Corporation,2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.20020005260505313522908 CNA63359XX (Ed.04/12) D.Hired "Autos"d.A $100 per occurrence deductible applies to the coverage provided by this provision.The following is added to Section III.Paragraph A.:G.Diminution In Value 5.Hired "Autos"The following is added to Section III,Paragraph B.6.:If Physical Damage coverage is provided under this policy,and such coverage does not extend to Subject to the following,the "diminution in value" Hired Autos,then Physical Damage coverage is exclusion does not apply to: extended to:a.Any covered "auto"of the private a.Any covered "auto"you lease,hire,rent passenger type you lease,hire,rent or or borrow without a driver;and borrow,without a driver for a period of 30 days or less,while performing dutiesb.Any covered "auto"hired or rented by related to the conduct of your business;your "employee"without a driver,under a andcontractinthatindividual"employee's" name,with your permission,while b.Any covered "auto"of the private performing duties related to the conduct passenger type hired or rented by your of your business."employee"without a driver for a period of 30 days or less,under a contract in thatc.The most we will pay for any one individual "employee's"name,with your"accident"or "loss"is the actual cash permission,while performing dutiesvalue,cost of repair,cost of replacement related to the conduct of your business.or $75,000,whichever is less,minus a $500 deductible for each covered auto.c.Such coverage as is provided by this No deductible applies to "loss"caused by provision is limited to a "diminution in fire or lightning.value"loss arising directly out of accidental damage and not as a result ofd.The physical damage coverage as is the failure to make repairs;faulty orprovidedbythisprovisionisequaltotheincompletemaintenanceorrepairs;or thephysicaldamagecoverage(s)provided on installation of substandard parts.your owned "autos." d.The most we will pay for "loss"to ae.Such physical damage coverage for hired covered "auto"in any one accident is the"autos"will:lesser of: (1)Include loss of use,provided it is the (1)$5,000;orconsequenceofan"accident"for which the Named Insured is legally (2)20%of the "auto's"actual cash value liable,and as a result of which a (ACV). monetary loss is sustained by the III.Drive Other Car Coverage –Executive Officersleasingorrentalconcern. The following is added to Sections II and III:(2)Such coverage as is provided by this provision will be subject to a limit of 1.Any "auto"you don't own,hire or borrow is a $750 per "accident."covered "auto"for Liability Coverage while being used by,and for Physical Damage CoverageE.Airbag Coverage while in the care,custody or control of,any of your The following is added to Section III,Paragraph "executive officers,"except: B.3.:a.An "auto"owned by that "executive officer"or The accidental discharge of an airbag shall not be a member of that person's household;or considered mechanical breakdown.b.An "auto"used by that "executive officer" F.Electronic Equipment while working in a business of selling, servicing,repairing or parking "autos."Section III,Paragraphs B.4.c and B.4.d.are deleted and replaced by the following:Such Liability and/or Physical Damage Coverage as is afforded by this provision.c.Physical Damage Coverage on a covered "auto"also applies to "loss"to any (1)Equal to the greatest of those coverages permanently installed electronic equipment afforded any covered "auto";and including its antennas and other accessories. CNA63359XX Page 2 of 3Copyright,CNA Corporation,2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission. CNA63359XX (Ed.04/12) (2)Excess over any other collectible damage,against any person or organization for insurance.whom or which you are required by written contract or agreement to obtain this waiver from2.For purposes of this provision,"executive officer"us.means a person holding any of the officer positions created by your charter,constitution,by-This injury or damage must arise out of your laws or any other similar governing document,activities under a contract with that person or and,while a resident of the same household,organization. includes that person's spouse.You must agree to that requirement prior to an Such "executive officers"are "insureds"while "accident"or "loss." using a covered "auto"described in this provision.C.Concealment,Misrepresentation or Fraud IV.BUSINESS AUTO CONDITIONS The following is added to Section IV,Paragraph A.Duties In The Event Of Accident,Claim,Suit Or B.2.: Loss Your failure to disclose all hazards existing on the date The following is added to Section IV,Paragraph of inception of this Coverage Form shall not prejudice A.2.a.:you with respect to the coverage afforded provided such failure or omission is not intentional.(4)Your "employees"may know of an "accident"or "loss."This will not mean D.Other Insurance that you have such knowledge,unless The following is added to Section IV,Paragraphsuch"accident"or "loss"is known to you B.5.:or if you are not an individual,to any of your executive officers or partners or your Regardless of the provisions of Paragraphs 5.a. insurance manager.and 5.d.above,the coverage provided by this policy shall be on a primary non-contributoryThefollowingisaddedtoSectionIV,Paragraph basis.This provision is applicable only whenA.2.b.:required by a written contract.That written (6)Your "employees"may know of contract must have been entered into prior to documents received concerning a claim "Accident"or "Loss." or "suit."This will not mean that you have E.Policy Period,Coverage Territorysuchknowledge,unless receipt of such documents is known to you or if you are Section IV,Paragraph B.7.(5).(a).is revised to not an individual,to any of your executive provide: officers or partners or your insurance a.45 days of coverage in lieu of 30 days.manager. V.DEFINITIONSB.Transfer Of Rights Of Recovery Against Others To Us Section V.Paragraph C.is deleted and replaced by the following:The following is added to Section IV,Paragraph A.5.Transfer Of Rights Of Recovery Against "Bodily injury"means bodily injury,sickness or disease Others To Us:sustained by a person,including mental anguish, mental injury or death resulting from any of these.We waive any right of recovery we may have, because of payments we make for injury or CNA63359XX Page 3 of 3Copyright,CNA Corporation,2000. (Ed.04/12)Includes copyrighted material of the Insurance Services Office used with its permission.20020005260505313522909 Workers Compensation And Employers Liability Insurance Policy Endorsement WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Chicago, IL 60604 Policy No: 6 50531402Form No: WC 00 03 13 (04-1984) Endorsement No: 3; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 333 S Wabash Ave, Copyright 1983 National Council on Compensation Insurance. OF SHEET DATEWASH. P.E. # CHECKED BY: DATEWASH. P.E. # DESIGN BY: DATE DRAWN BY: VERT.HORIZ. SCALE FIELD BOOK BYDATENO.CITY OF BREMERTONREVISIONS DESCRIPTION DEPARTMENT OF PUBLIC WORKS & UTILITIES CAD FILE:ENGINEERING DIVISION DRAWING NO. IF NOT SCALE ACCORDINGLY ONE INCH AT FULL SCALE 1/2"0 1"PN:H:\Bike Lanes\BIKE LANES_KAS_20190429.dwgFEB 8, 2019 S. WEBERK. SANFORD PLAN LAYOUTNTS 17 3LAYOUT OF PLANS NEW BIKE LANES N BURWELL ST BURWELL ST 2ND ST 4TH ST 4TH ST 5TH ST 5TH ST 6TH ST 6TH ST PACIFIC AVEPACIFIC AVEWASHINGTON AVEWASHINGTON AVEWASHINGTON AVE1ST ST AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Local Agency Participating Agreement Amendment No. 1 with WSDOT for Signal Systems as part of the SR 304 (Burwell Street) Overlay Project COUNCIL MEETING Date: August 21, 2019 Department: PW & U Presenter: Andrea Archer-Parsons Phone: (360) 473-2317 SUMMARY: In March of 2018 the City Council authorized the Mayor to sign a Local Agency Participation Agreement with WSDOT to install radar for the side streets on Burwell Street as part of the WSDOT SR 304 (Burwell) Overlay Project. The original agreement was for a not to exceed amount of $66,201.44. The final costs of the project will be $97,136.00. The requested action is approval of the additional costs for installation of radar under the WSDOT SR 304 (Burwell) Overlay Project. ATTACHMENTS: (1) Local Agency Participating Agreement (Agreement # GCB 2932); (2) Local Agency Participating Agreement Amendment #1 FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the 2019 Transportation Capital Project Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the additional costs for the radar installation for the WSDOT SR 304 Overlay Project in an amount not to exceed $97,136.00, 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 B2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Interlocal Agreement Exhibit A with Kitsap County for Annual Striping Services COUNCIL MEETING Date: August 21, 2019 Department: PW&U Presenter: M. Hawkins-Bates Phone: (360) 473-5333 SUMMARY: Our current Interlocal Agreement provides for Kitsap County to provide city-wide striping services. The 2019 estimate is for $35,000. The work is tentatively planned for late August - September ATTACHMENTS: 1) Exhibit “A” FISCAL IMPACTS (Include Budgeted Amount): This item is included in the 2019 Street Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the 2019 Interlocal Agreement Exhibit A with Kitsap County for striping services, 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 B3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Professional Services Agreement with HDR Engineering, Inc. for the Wastewater Salinity Impact Study; and Budget Adjustment in the Wastewater Capital Fund COUNCIL MEETING Date: August 21, 2019 Department: Engineering Presenter: Bill Davis Phone: (360) 473-2312 SUMMARY: Wastewater from Naval Base Kitsap – Bremerton has been determined to have high salinity that is negatively impacting City wastewater treatment infrastructure and processes. To quantitatively and financially evaluate the impact of the high salinity wastewater, the City is hiring a consultant with subject-matter expertise to study the impact. The City sent out an RFP to qualified consultants on the MRSC Consultant Roster and selected HDR Engineering to conduct the study based on their proposal. A contract with HDR Engineering has been negotiated for $231,900. The study will be conducted during 2019 and early 2020, culminating in a final report in June 2020. ATTACHMENTS: Professional Services Agreement, with attached exhibits A, B, and C. FISCAL IMPACTS (Include Budgeted Amount): An expenditure budget adjustment of $250,000 is required in the 2019 Wastewater Capital Fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the professional services agreement with HDR Engineering, authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented, and further authorize an expenditure budget adjustment of $250,000 in the Wastewater Capital Fund. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B4 Bremerton/HDR Engineering Page 1 of 7 Wastewater Salinity Impact Study July 2019 PROFESSIONAL SERVICES AGREEMENT Wastewater Salinity Impact Study / Project # 325011 The City of Bremerton (“City”) and HDR Engineering, Inc. (“Consultant”), referred to collectively as the “Parties,” enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 23, 2019, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $231,900. Consultant’s charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall c onform 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 and will pay all undisputed amounts within 30 days following receipt of Consultant’s billing statement. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/HDR Engineering Page 2 of 7 Wastewater Salinity Impact Study July 2019 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 A greement, 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, to the extent any claim arises out of or in connection with the Consultant’s wrongful or negligent acts, errors, or omissions in the performance of this Agreement, except for that portion of the injuries and damages caused by the City’s sole negligence, subject 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. In the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. Bremerton/HDR Engineering Page 3 of 7 Wastewater Salinity Impact Study July 2019 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-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and 3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and aggregate; and 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. 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 redacted copy of all the required insurance policies and endorsements. Redactions shall be limited to personally identifying information of employees, salary information, and proprietary information unless otherwise subsequently agreed to in writing the City and the Consultant. 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. Bremerton/HDR Engineering Page 4 of 7 Wastewater Salinity Impact Study July 2019 The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension 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 redacted copy of the insurance policy with all endorsements as evidence of coverage. Redactions shall be limited to personally identifying information of employees, salary information, and proprietary information unless otherwise subsequently agreed to in writing the City and the Consultant. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (“GAAP”) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement wi ll 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 Bellevue, 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 modification or reuse by the City for other than the specific purpose intended will be at City’s sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether Bremerton/HDR Engineering Page 5 of 7 Wastewater Salinity Impact Study July 2019 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 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 Bellevue, 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 1st 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. Notices to be sent to: Notices to be sent to: CITY: CONSULTANT: Attn: Angela Woods Attn: Eric Bergstrom City of Bremerton 929 108th Avenue NE 345 6th Street, Suite 100 Suite 1300 Bremerton, WA 98337-1891 Bellevue, WA 98004 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 Bremerton/HDR Engineering Page 6 of 7 Wastewater Salinity Impact Study July 2019 conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of t his Agreement shall be brought in Kitsap County Superior Court. N. Attorneys’ Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney’s fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party’s sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with 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. Bremerton/HDR Engineering Page 7 of 7 Wastewater Salinity Impact Study July 2019 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, provided that Consultant may retain an archival copy of such records and data for its project files subject to confidential treatment. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. 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. IN WITNESS WHEREOF, the parties below have executed this Agreement. CITY: CONSULTANT: CITY OF BREMERTON HDR ENGINEERING, INC. By: By: Print Name: Greg Wheeler Print Name: Its: Mayor Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: Roger A. Lubovich, Bremerton City Attorney Angela Woods, City Clerk R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 07 2018.docx 929 108th Avenue NE Suite 1300 Bellevue, WA 98004 (425) 450-6200 Exhibit A City of Bremerton Wastewater Salinity Impact Study Scope of Services July 23, 2019 Wastewater Salinity Impact Study i Scope of Services Table of Contents Background ................................................................................................................... 1 Scope of Services ......................................................................................................... 1 Summary ....................................................................................................................... 1 Task 100 Project Management ..................................................................................... 2 Objective ............................................................................................................. 2 HDR Services ..................................................................................................... 2 Client Responsibilities ......................................................................................... 2 Assumptions ....................................................................................................... 2 Deliverables ........................................................................................................ 3 Task 200 Data Collection ............................................................................................. 3 Objective ............................................................................................................. 3 HDR Services ..................................................................................................... 3 Client Responsibilities ......................................................................................... 3 Assumptions ....................................................................................................... 3 Deliverables ........................................................................................................ 4 Task 300 Site Studies ................................................................................................... 4 Objective ............................................................................................................. 4 HDR Services ..................................................................................................... 4 Client Responsibilities ......................................................................................... 4 Assumptions ....................................................................................................... 4 Deliverables ........................................................................................................ 5 Task 400 System Analysis ........................................................................................... 5 Objective ............................................................................................................. 5 HDR Services ..................................................................................................... 5 Client Responsibilities ......................................................................................... 5 Assumptions ....................................................................................................... 5 Deliverables ........................................................................................................ 5 Task 500 Report ............................................................................................................ 6 Objective ............................................................................................................. 6 HDR Services ..................................................................................................... 6 Client Responsibilities ......................................................................................... 6 Assumptions ....................................................................................................... 6 Deliverables ........................................................................................................ 6 Task 600 Management Reserve ................................................................................... 6 Objective ............................................................................................................. 6 Schedule ........................................................................................................................ 1 Wastewater Salinity Impact Study ii Scope of Services Wastewater Salinity Impact Study 1 Scope of Services EXHIBIT A SCOPE OF SERVICES Background The City of Bremerton (City) owns and operates a municipal wastewater collection and treatment system as a service to the residents and businesses within the city. This system has been designed to efficiently collect and treat sewage from residential, commercial, and industrial customers with discharge parameters typical of municipal wastewaters. The City believes that high-salinity wastewater originating from Naval Base Kitsap (NBK) – Bremerton is negatively impacting the City’s entire wastewater collection, treatment, and disposal system and exceeds typical ranges for discharge to a municipal wastewater treatment facility. In recent years, City operations staff responsible for operations of the wastewater collection, conveyance and treatment system observed and documented increased corrosion of wastewater collection system equipment, impacts to the treatment plant process units, reduced performance of the biologic treatment process and changes in the composition of the biosolids from the treatment plant that all appeared to be the result of increased salinity in the wastewater stream. The City of Bremerton suspects the source of saline contamination resulted from an increase in the salinity concentration of the NBK – Bremerton wastewater discharges that trace back to 2014 when the City documented a decrease in the potable water usage by NBK – Bremerton; and the associated wastewater discharge from the facility did not correspondingly decrease. The purpose of this study is to evaluate the impacts of salinity on equipment and infrastructure on the conveyance facilities and equipment from the point of NBK – Bremerton discharge to the City’s wastewater treatment plant, treatment process units within the plant, to the final discharge of the liquid effluent and the disposal of biosolids. In addition, this assessment will evaluate the impacts of high salt concentrations on wastewater treatment processes, both biological and physical, as well as the impacts on land application of the biosolids. Scope of Services Summary The following tasks are included in this scope of services: Task 100 Project Management Task 200 Data Collection Task 300 Site Studies Task 400 System Analysis Task 500 Report Task 600 Management Reserve Wastewater Salinity Impact Study 2 Scope of Services Task 100 Project Management Objective The purpose of this task is to monitor, control and adjust scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing. HDR Services 1. Prepare a Project Management Plan (Project Guide) outlining the project scope, team organization, schedule, and communications information. This document is for internal HDR use but available for review by the City if requested. 2. Coordinate and manage the project team and subcontracted laboratory services. 3. Prepare monthly status reports describing the following: A. Services completed during the month B. Services planned for the next month C. Needs for additional information D. Scope/schedule/budget issues E. Schedule update and financial status summary 4. Prepare monthly invoices formatted in accordance with contract terms. 5. Project Manager will attend project management meetings with the client Project Manager to review project scope, schedule, and budget issues. These meetings will typically be conducted over the phone. 6. Quality assurance – Complete periodic quality assurance management review to monitor project execution. 7. Attend a project kickoff meeting. The meeting will be coordinated with the system tour and data transfer meeting in Task 200. Client Responsibilities 1. Attend project management meetings. 2. Timely processing and payment of invoices. 3. Review and process contract change requests and amendments, if needed. Assumptions 1. Project management meetings will be approximately 30 minutes in duration and held monthly by telephone. 2. This project will be completed in approximately 10 months. 3. Invoices will be HDR standard invoice format. 4. Expense backup will not be provided with invoices but will be available for review at HDR. 5. Bremerton will coordinate and be responsible for direct communication with NBK – Bremerton. Wastewater Salinity Impact Study 3 Scope of Services Deliverables 1. Monthly reports and invoices (one copy with invoice will be e-mailed in a PDF file). 2. Monthly project schedule and budget updates. 3. Project management meeting agenda and notes (e-mailed PDF files). Task 200 Data Collection Objective To develop an understanding of the City’s current wastewater conveyance and treatment system configuration, layout, capacity, system performance and existing documentation of salinity impact on the system. HDR Services 1. Prepare a documentation request based on subject matter experts understanding of system issues. 2. Conduct a project kick off conference call interview between Bremerton staff and the project team subject matter experts to discuss data relevant to the salinity assessment. 3. Collect and review existing system documentation. 4. Based on initial review of the system provide follow up requests of additional existing documentation that may be available. 5. As the project progresses, identify and request additional information. Client Responsibilities 1. Provide geographical information system (GIS) data of the sewer collection system including pipe location, pipe size, invert elevations, date of installation, condition reports (including CCTV records) and repair records. 2. Provide as-built information of pump stations and the wastewater treatment plant. 3. Provide site data for the biosolids land application including permits, testing records and anything associated with concentration of salt in the biosolids. 4. Provide discharge flow data from NBK – Bremerton including water quality measurements. 5. Provide maintenance records and reports for pump station and treatment plant equipment including any maintenance work specifically associated with corrosion resulting from the NBK – Bremerton discharge. 6. Provide flow monitoring data from temporary flow meters installed within the collection system. 7. Provide operational data for the wastewater treatment plant (WWTP). Assumptions 1. HDR will coordinate conference calls. 2. Conference calls will be used where possible to minimize costs for travel to the City of Bremerton by subject matter experts. Wastewater Salinity Impact Study 4 Scope of Services 3. During the project kick off conference call develop the schedule for the on site (in Bremerton) visit of subject matter experts including dates and anticipated tours. Deliverables 1. Summary documentation of information collected. Task 300 Site Studies Objective To gain a thorough understanding of the wastewater system and the impact of salinity to the operations. HDR Services 1. Coordinate project kick off workshop followed by a system tour. The tour is anticipated to include the discharge structure of NBK – Bremerton, pump stations, the WWTP, and the biosolids land application site. 2. Site (Bremerton) visits and system evaluation may be coordinated on up to three (3) consecutive days to efficiently utilize the time and travel by project team members. 3. Document the system tour and observations in a summary memorandum that includes recommendations for follow up testing and additional studies to assess the impact of salinity. 4. Based on the site tour and observations identify follow up site visits by specific subject matter experts and identify any follow up testing of equipment, flow, treatment plant operations, biosolids test and agronomic tests. 5. Conduct a follow up conference call with the project team and Bremerton staff to discuss the summary memorandum and solicit City comments. Client Responsibilities 1. Schedule and provide meeting space for the kick off workshop. 2. Conduct site tours. 3. Provide access to operations staff familiar with the operation, maintenance and issues associated with high salinity concentrations. Assumptions 1. Up to seven (7) HDR staff identified in the HDR proposal will attend the kick off workshop. 2. For two (2) HDR staff not based in the Puget Sound region, travel may be required on the day prior to the kickoff workshop and the day after the on site workshops. 3. One (1) on site day is assumed for all HDR staff and four (4) HDR staff will be on site for two (2) days. 4. The scheduled duration of the site visits and tours will be developed during the kick off conference call in Task 200. Wastewater Salinity Impact Study 5 Scope of Services 5. Additional site visits may be required following the initial site visit. This task assumes up to ten (10) additional on site days will be required by the various HDR team staff to perform follow up testing and assessments of the wastewater system. Deliverables 1. Draft site visit and observation summary memorandum. 2. Final site visit and observation summary memorandum. Task 400 System Analysis Objective Based on results of the system documentation and site studies perform an assessment of the impact of salinity on the wastewater system. HDR Services 1. Identify wastewater process units and systems that are impacted by high salinity in the wastewater flows. 2. Document the amount of salinity originating from NBK – Bremerton and compare with estimates of the total salt load on the treatment plant and estimates of salinity from other sources within the Bremerton sewer collection system. 3. Assess the anticipated useful life of wastewater process equipment and pumps based on a normal service without high salinity concentrations in the wastewater flows. 4. Estimate the anticipated serviceable life of equipment and process units impacted by salt. 5. Evaluate and determine methods to modify the treatment process to improve the performance of the secondary treatment process considering the salinity concentration. 6. Evaluate methods to mitigate the salt concentration of salt in the biosolids either by treating the biosolids or the land where the biosolids are being applied. 7. Evaluate and develop costs for alternative disposal methods for the biosolids. 8. Establish an overall cost impact to the City directly related to the salt concentration in the wastewater flow stream. 9. Meet with the City in a workshop by conference call to review the findings. Client Responsibilities 1. Coordinate and schedule a location for the summary review workshop. 2. Coordinate with NBK – Bremerton if the City chooses to have a representative attend the workshop. Assumptions 1. None. Deliverables 1. Summary workshop and meeting notes. Wastewater Salinity Impact Study 6 Scope of Services Task 500 Report Objective Summarize the site studies, system analysis and conclusions in a final report documenting the impact of salt in the Bremerton wastewater system. HDR Services 1. Compile a summary report documenting the work in previous tasks and establishing the impact of salt in the wastewater system. 2. Attend meetings with City Staff and NBK – Bremerton. Client Responsibilities 1. Review and provide comments on the draft report. Assumptions 1. The report will be up to 30 pages in length and include up to 15 figures not including photographs documenting conditions on equipment. 2. Testing results and other documentation supporting the report will be included as appendices. 3. 24 hours for up to three (3) HDR staff to attend meetings as requested. Deliverables 1. Draft Report (submitted electronically). 2. Final Report (two (2) printed copies and electronically), stamped and signed by a Professional Engineer licensed in the State of Washington. Task 600 Management Reserve Objective This management reserve is an allowance of $25,000 to be used for such activities as testing and additional investigation. It may only be used when authorized in writing by the City. Wastewater Salinity Impact Study 1 Scope of Services Exhibit B Schedule The preliminary schedule for the project is as follows: Milestones Date Notice to Proceed August 26, 2019 Task 200 – Data Collection September 2019 Task 300 – Site visits October 2019 – Dates to be determined Task 300 – Draft Summary Memorandum November 15, 2019; memorandum to be finalized two weeks after City receiving City comments Task 400 – Analysis Summary Workshop February 2019 Task 500 – Draft Report May 15, 2020 Task 500 – Final Report Three weeks after receiving City Comments EXHIBIT C1 - LABOR ESTIMATE, HDR ENGINEERING STAFFCity of Bremerton: City of Bremerton - Salinity StudyBergstrom, Eric CEdgemon, Glenn LFigdore, Bryce AlanNeethling, Johannes BKoch, John Edward Jr.Murray, Michael RPackard, Kenneth HGriffenberg, Edward CHollingsworth, Jeremy NKivela, JamieJames, Jackie AnnDraheim, DanTotal Labor HoursTotal Labor DollarsProject RoleProject Manager Senior Engineer Project Engineer QC/QASenior Engineer Project Engineer Project EngineerOperations SpecialistSenior EngineerSr Project AccountantProject Coordinator Tech EditorTotal Labor HoursTotal Labor DollarsBilling Rate313.31 254.02 204.83 401.89 283.81 191.94 136.16 219.94 240.22 164.00 83.81 123.10130 0 0 4 0 0 12 0 4 48 20 0 118 23,149.86$ 1 Project Mgmt Plan / Quality Mgmt Plan / HASP 1244 12 12 449,301.88$ 2 Coordination and Monitoring12123,759.72$ 3 Invoicing / Status Reporting / EV / WorkPlan 4824366,278.52$ 4 Subconsultant Management0-$ 5 Project Closeout2412 8 263,809.74$ 0-$ 24 7 7 7 7 7 28 7 1 0 0 0 75 16,200.95$ 1 Data request881,089.28$ 2 Kick off Conference Call4 2 2 2 2 2 4 2 1215,150.96$ 3 Review Documentation4 4 4 4 4 8 4327,315.00$ 4 Follow up requests1 1 1 1 1 8 1142,645.71$ 0-$ 314 42 30 3 38 42 48 30 2 0 0 8 257 55,851.13$ 1 Kick off Workshop8 12 8 2 8 12 12 8 27216,444.78$ 2 Site Visits in Conjunction with project kickoff88 16 8408,240.72$ 3 System Tour Documentation4 4 4 1 4 4 8 48 418,347.37$ 4 Follow up site visits16 16 16 24 8 88819,337.92$ 5 Conference Call2 2 2 2 2 4 2163,480.34$ 0-$ 412 19 43 12 59 9 50 61 1 0 0 0 266 61,153.28$ 1 Identify impacted equipment and units 2 820 12 165813,487.94$ 2 Salinity loading study from City16 4 8 8368,244.60$ 3 Equipment and Unit Assessment 2 88 8 8347,778.06$ 4 Serviceable life assessment12 8 16368,014.04$ 5 Treatment Process Evaluation2 24 8 4 8 85412,741.70$ 6 Soil Mitigation Assessment881,535.52$ 7 Biosolids disposal alternatives441,135.24$ 8 Overall system impact4 2 2 2 4 12265,922.48$ 9 Workshop2 1 1 1 1 2 1 1102,293.70$ 0-$ 516 18 18 2 8 6 48 0 0 0 48 28 192 31,503.52$ 1 Draft Report6 8 8 2 4 4 3224 24 11217,580.40$ 2 Final Report6 2 22 1624 4 567,863.84$ 3 Follow up meetings4 8 8 4246,059.28$ 0-$ Task Total Hours 76.00 86.00 98.00 28.00 112.00 64.00 186.00 98.00 8.00 48.00 68.00 36.00 908.00Task Total Fee 23,811.56$ 21,845.72$ 20,073.34$ 11,252.92$ 31,786.72$ 12,284.16$ 25,325.76$ 21,554.12$ 1,921.76$ 7,872.00$ 5,699.08$ 4,431.60$ 187,858.74$ Task 6 - Management Reserve25,000.00$ Estimated Expenses (See Exhibit C2)19,040.00$ TOTAL231,898.74$ CONTRACT AMOUNT (Rounded to nearest 100)231,900.00$ T4 System AnalysisT5 ReportT1 Project ManagementT2 Data CollectionT3 Site Studiesc:\pwworking\nat\d0165771\Bremerton Salinity Study Estimate 7-10-2019.XLSMPrinted 7/12/20193:05 PM EXHIBIT C2 - EXPENSESCity of Bremerton: City of Bremerton - Salinity StudyPer Diem-Meals Lodging/day Air Fare/round trip Car Rental/week MiscellaneousTravel Travel Travel Travel MiscellaneousOTHER DIRECT COSTSDays Each Each Each EachUnit Cost$75.00 $159.00 $500.00 $275.00 $1,000.00 $3.70 0.00% 0.00%1Quantity 0 0 0 0 0 0.00Task Total$0.00 $0.00 $0.00 $0.00 $0.00$0.00 $0.00 $0.00 $0.00$0.002Quantity 0 010 0 0.00Task Total$0.00 $0.00 $0.00 $2,750.00 $0.00$0.00 $0.00 $2,750.00 $0.00$2,750.003Quantity 12 10 6 10 0 0.00Task Total$900.00 $1,590.00 $3,000.00 $2,750.00 $0.00$0.00 $0.00 $8,240.00 $0.00$8,240.004Quantity 0 0 0 10 0 0.00Task Total$0.00 $0.00 $0.00 $2,750.00 $0.00$0.00 $0.00 $2,750.00 $0.00$2,750.005Quantity 4 0 2 0 4 0.00Task Total$300.00 $0.00 $1,000.00 $0.00 $4,000.00$0.00 $0.00 $5,300.00 $0.00$5,300.00Total ODC 1,200.00$ 1,590.00$ 4,000.00$ 8,250.00$ 4,000.00$ -$ -$ 19,040.00$ -$ 19,040.00$ Total ODCODC MarkupTotal ODC + MarkupT5 ReportT1 Project ManagementContingencyTech FeesT2 Data CollectionT3 Site StudiesT4 System Analysisc:\pwworking\nat\d0165771\Bremerton Salinity Study Estimate 7-10-2019.XLSM AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Commercial & Investment Real Estate Purchase & Sale Agreement with Peterson Neil J Family LLC for property located at Oyster Bay Avenue North, Lot 007-02 COUNCIL MEETING Date: August 21, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Property adjacent to the Public Works and Utilities Operation Center at 100 Oyster Bay Avenue North is required for current and future growth for operations and maintenance expansion. The property to the north of the existing city property was available and an offer was made to purchase the parcel. The offer was accepted, pending City Council approval and mutual acceptance by the city and the property owners; Peterson Neil J Family LLC. In the amount of $125,000.00. ATTACHMENTS: 1) Purchase and Sale Agreement, 2) Tax Lot Plans of Property, 3) 2019 Tax Statement with Property Description FISCAL IMPACTS (Include Budgeted Amount): Purchase amount of $125,000.00. There is $200,000.00 in the 2019 Utility CIP Budget for these property acquisitions. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the purchase and sale agreement with Peterson Neil J Family LLC for $125,000.00 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 B5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Additional Equipment Rental and Labor Costs associated with Bypass Pumping Contract at Pump Station CE-4 COUNCIL MEETING Date: August 21, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: The Public Works Department took advantage of the Marina Square project and installed a new sewer force main and also installed a new, more direct discharge header in pump station CE-4. This work required bypass pumping. The Department arranged for bypass pumping with Xylem Inc. of Kent. The cost for the bypass pumping was expected to be less than the Department’s approval authority of $25,000. Complexities encountered during the discharge header work have extended the need for the bypass pumping, which was expected to cost $31,625.81; this amount and the Sole Source were approved by Council on May 15, 2019. Additional equipment rental and labor was needed, bringing the total cost to $40, 017.93. ATTACHMENTS: 1) Invoices, 2) Original Agreement for charges FISCAL IMPACTS (Include Budgeted Amount): Expenses for this work are budgeted for 2019 and funded from the Sewer Capital fund. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the additional equipment rental and labor costs for bypass pumping at CE-4, 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 B6 Page 1WS Godwin USREMIT TO:WS Godwin USNUMBER400907771DATE04/16/2019PAGE 1PURCHASE ORDER NUMBERWater Front BypassBill To:City of Bremerton3027 OLYMPUS DR NE,BREMERTON, WA, 98310-4620USShip To:244 Washington Ave,,Bremerton,WA,98310,USAOUR REFERENCE400907771SALES ORDER NUMBER220010349CUSTOMERNUMBER5255694-2745LOCATIONNUMBER2745Sold/Accepted/Shipped/Invoiced By:TERMSNET 30DUE DATE05/16/2019SALES PERSONPaula IngramCUSTOMER CONTACTAccounts PayableCSR RepPaula IngramSHIP VIASHIPPING REFERENCEITEMNO.DESCRIPTIONORDER#FREIGHT/IncoTermsSHIPPED QTYUNITPRICEEXTENDEDPRICELine AMOUNTHSWS080010QDDR8" x 10' Black Water Suction Hose W/QD-UOM: EA-TAX: 3220010349PPD/ADD3 .0000 .0000 .00HSCM080020F1NR8" x 20' Composite Hose W/150#FL-UOM: EA-TAX: 2220010349PPD/ADD2 .0000 .0000 .00DELIVERYFRT020Delivery Motor Freight Br 020-UOM: EA-TAX: 1220010349PPD/ADD1 5000.0000 5000.0000 5000.00DZONE02ROLLWPTRDelivery Zone 2 - Rollback w/ Pipe Trl.-UOM: EA-TAX: 1220010349PPD/ADD1 635.0000 635.0000 635.00ADDITIONAL INFORMATIONSUB TOTALCHARGESDISCOUNTSVAT/TAXFREIGHTTOTAL;;;;; 5635.00 .00 .00 507.15 635.00 6142.15Currency :USD Page 1WS Godwin USREMIT TO:WS Godwin USNUMBER400909760DATE04/23/2019PAGE 1PURCHASE ORDER NUMBERWater Front BypassBill To:City of Bremerton3027 OLYMPUS DR NE,BREMERTON, WA, 98310-4620USShip To:244 Washington Ave,,Bremerton,WA,98310,USAOUR REFERENCE400909760SALES ORDER NUMBER220010349CUSTOMERNUMBER5255694-2745LOCATIONNUMBER2745Sold/Accepted/Shipped/Invoiced By:TERMSNET 30DUE DATE05/23/2019SALES PERSONCUSTOMER CONTACTAccounts PayableCSR RepPaula IngramSHIP VIASHIPPING REFERENCEITEMNO.DESCRIPTIONORDER#FREIGHT/IncoTermsSHIPPED QTYUNITPRICEEXTENDEDPRICELine AMOUNTPMHL080ECN100RHL225M 8" 300HP SB-UOM: EA-TAX: 1220010349COLLECT1 7299.0000 7299.0000 7299.00PMHL080DCN120RHL225M 8" C9SP-T3 PG SB 250G CS-UOM: EA-TAX: 1220010349COLLECT1 7006.5000 7006.5000 7006.50OTHERADAPTERRGodwin Miscellaneous Adapter-UOM: EA-TAX: 1220010349COLLECT1 .0000 .0000 .00ACCESSORYRGodwin Miscellaneous Accessory-UOM: EA-TAX: 1220010349COLLECT1 801.0000 801.0000 801.00AD120080F1F1F1R12" 150#FL x 8" 150#FL Conc Adapter-UOM: EA-TAX: 1220010349COLLECT1 126.0000 126.0000 126.00ACCESSORYRGodwin Miscellaneous Accessory-UOM: EA-TAX: 1220010349COLLECT1 25.0000 25.0000 25.00TE080F1F1F1F00R8" Tee W/150#FL-UOM: EA-TAX: 1220010349COLLECT1 81.0000 81.0000 81.00AD080060F1F1F1R8" 150#FL x 6" 150#FL Conc Adapter-UOM: EA-TAX: 1220010349COLLECT1 .0000 .0000 .00BN08090QDG000R8" 90 Degree QD Bend-UOM: EA-TAX: 2220010349COLLECT2 81.0000 81.0000 162.00BN08045QDG000R8" 45 Degree QD Bend-UOM: EA-TAX: 2220010349COLLECT2 81.0000 81.0000 162.00HSWS080010QDDR8" x 10' Black Water Suction Hose W/QD-UOM: EA-TAX: 5220010349COLLECT5 297.0000 297.0000 1485.00VLCK080F1C00R8" Check Valve W/150#FL-UOM: EA-TAX: 2220010349COLLECT2 180.0000 180.0000 360.00 Page 2WS Godwin USREMIT TO:WS Godwin USNUMBER400909760DATE04/23/2019PAGE 2PURCHASE ORDER NUMBERWater Front BypassBill To:City of Bremerton3027 OLYMPUS DR NE,BREMERTON, WA, 98310-4620USShip To:244 Washington Ave,,Bremerton,WA,98310,USAOUR REFERENCE400909760SALES ORDER NUMBER220010349CUSTOMERNUMBER5255694-2745LOCATIONNUMBER2745Sold/Accepted/Shipped/Invoiced By:TERMSNET 30DUE DATE05/23/2019SALES PERSONCUSTOMER CONTACTAccounts PayableCSR RepPaula IngramSHIP VIASHIPPING REFERENCEITEMNO.DESCRIPTIONORDER#FREIGHT/IncoTermsSHIPPED QTYUNITPRICEEXTENDEDPRICELine AMOUNTTE080F1F1F1F00R8" Tee W/150#FL-UOM: EA-TAX: 1220010349COLLECT1 81.0000 81.0000 81.00BAUERQDADAPTERRGodwin Miscellaneous QD Adapter-UOM: EA-TAX: 4220010349COLLECT4 81.0000 81.0000 324.00BAUERQDADAPTERRGodwin Miscellaneous QD Adapter-UOM: EA-TAX: 2220010349COLLECT2 81.0000 81.0000 162.00HSCM080010F1NR8" x 10' Composite Hose W/150#FL-UOM: EA-TAX: 4220010349COLLECT4 324.0000 324.0000 1296.00HSCM080020F1NR8" x 20' Composite Hose W/150#FL-UOM: EA-TAX: 2220010349COLLECT2 666.0000 666.0000 1332.00BAUERQDADAPTERRGodwin Miscellaneous QD Adapter-UOM: EA-TAX: 17220010349COLLECT17 25.0000 25.0000 425.00ADDITIONAL INFORMATIONSUB TOTALCHARGESDISCOUNTSVAT/TAXFREIGHTTOTAL;;;;; 21127.50 .00 .00 1901.48 23028.98Currency :USD Page 1WS Godwin USREMIT TO:WS Godwin USNUMBER400914034DATE05/08/2019PAGE 1PURCHASE ORDER NUMBERWater Front BypassBill To:City of Bremerton3027 OLYMPUS DR NE,BREMERTON, WA, 98310-4620USShip To:244 Washington Ave,,Bremerton,WA,98310,USAOUR REFERENCE400914034SALES ORDER NUMBER220010349CUSTOMERNUMBER5255694-2745LOCATIONNUMBER2745Sold/Accepted/Shipped/Invoiced By:TERMSNET 30DUE DATE06/07/2019SALES PERSONPaula IngramCUSTOMER CONTACTAccounts PayableCSR RepPaula IngramSHIP VIASHIPPING REFERENCEITEMNO.DESCRIPTIONORDER#FREIGHT/IncoTermsSHIPPED QTYUNITPRICEEXTENDEDPRICELine AMOUNTPMHL080ECN100RHL225M 8" 300HP SB-UOM: EA-TAX: 1220010349PPD/ADD1 2433.0000 2433.0000 2433.00PMHL080DCN120RHL225M 8" C9SP-T3 PG SB 250G CS-UOM: EA-TAX: 1220010349PPD/ADD1 2335.5000 2335.5000 2335.50OTHERADAPTERRGodwin Miscellaneous Adapter-UOM: EA-TAX: 1220010349PPD/ADD1 .0000 .0000 .00ACCESSORYRGodwin Miscellaneous Accessory-UOM: EA-TAX: 1220010349PPD/ADD1 267.0000 267.0000 267.00AD120080F1F1F1R12" 150#FL x 8" 150#FL Conc Adapter-UOM: EA-TAX: 1220010349PPD/ADD1 42.0000 42.0000 42.00ACCESSORYRGodwin Miscellaneous Accessory-UOM: EA-TAX: 1220010349PPD/ADD1 8.3300 8.3300 8.33TE080F1F1F1F00R8" Tee W/150#FL-UOM: EA-TAX: 1220010349PPD/ADD1 27.0000 27.0000 27.00AD080060F1F1F1R8" 150#FL x 6" 150#FL Conc Adapter-UOM: EA-TAX: 1220010349PPD/ADD1 .0000 .0000 .00BN08090QDG000R8" 90 Degree QD Bend-UOM: EA-TAX: 2220010349PPD/ADD2 27.0000 27.0000 54.00BN08045QDG000R8" 45 Degree QD Bend-UOM: EA-TAX: 2220010349PPD/ADD2 27.0000 27.0000 54.00ENVFEEEnvironmental Fee-UOM: EA-TAX: 1220010349PPD/ADD1 .0000 .0000 .00HSWS080010QDDR8" x 10' Black Water Suction Hose W/QD-UOM: EA-TAX: 5220010349PPD/ADD5 99.0000 99.0000 495.00 Page 2WS Godwin USREMIT TO:WS Godwin USNUMBER400914034DATE05/08/2019PAGE 2PURCHASE ORDER NUMBERWater Front BypassBill To:City of Bremerton3027 OLYMPUS DR NE,BREMERTON, WA, 98310-4620USShip To:244 Washington Ave,,Bremerton,WA,98310,USAOUR REFERENCE400914034SALES ORDER NUMBER220010349CUSTOMERNUMBER5255694-2745LOCATIONNUMBER2745Sold/Accepted/Shipped/Invoiced By:TERMSNET 30DUE DATE06/07/2019SALES PERSONPaula IngramCUSTOMER CONTACTAccounts PayableCSR RepPaula IngramSHIP VIASHIPPING REFERENCEITEMNO.DESCRIPTIONORDER#FREIGHT/IncoTermsSHIPPED QTYUNITPRICEEXTENDEDPRICELine AMOUNTVLCK080F1C00R8" Check Valve W/150#FL-UOM: EA-TAX: 2220010349PPD/ADD2 60.0000 60.0000 120.00TE080F1F1F1F00R8" Tee W/150#FL-UOM: EA-TAX: 1220010349PPD/ADD1 27.0000 27.0000 27.00BAUERQDADAPTERRGodwin Miscellaneous QD Adapter-UOM: EA-TAX: 4220010349PPD/ADD4 27.0000 27.0000 108.00BAUERQDADAPTERRGodwin Miscellaneous QD Adapter-UOM: EA-TAX: 2220010349PPD/ADD2 27.0000 27.0000 54.00HSCM080010F1NR8" x 10' Composite Hose W/150#FL-UOM: EA-TAX: 4220010349PPD/ADD4 108.0000 108.0000 432.00HSCM080020F1NR8" x 20' Composite Hose W/150#FL-UOM: EA-TAX: 2220010349PPD/ADD2 222.0000 222.0000 444.00BAUERQDADAPTERRGodwin Miscellaneous QD Adapter-UOM: EA-TAX: 17220010349PPD/ADD17 8.3300 8.3300 141.61PZONE02ROLLWPTRPickup Zone 2 - Rollback w/ Pipe Trl.-UOM: EA-TAX: 1220010349PPD/ADD1 635.0000 635.0000 635.00ADDITIONAL INFORMATIONSUB TOTALCHARGESDISCOUNTSVAT/TAXFREIGHTTOTAL;;;;; 7677.44 .00 .00 690.97 635.00 8368.41Currency :USD Page 1WS Godwin USREMIT TO:WS Godwin USNUMBER400908065DATE04/16/2019PAGE 1PURCHASE ORDER NUMBERBremerton / Bypass / HL225MBill To:City of Bremerton3027 OLYMPUS DR NE,BREMERTON, WA, 98310-4620USShip To:244 Washington Ave,,Bremerton,WA,98310,USAOUR REFERENCE400908065SALES ORDER NUMBER220010360CUSTOMERNUMBER5255694-2745LOCATIONNUMBER2745Sold/Accepted/Shipped/Invoiced By:TERMSNET 30DUE DATE05/16/2019SALES PERSONPaula IngramCUSTOMER CONTACTAccounts PayableCSR RepPaula IngramSHIP VIASHIPPING REFERENCEITEMNO.DESCRIPTIONORDER#FREIGHT/IncoTermsSHIPPED QTYUNITPRICEEXTENDEDPRICELine AMOUNTSERVICETRUCKGodwin Service Truck-UOM: EA-TAX: 2220010360COLLECT2 125.0000 125.0000 250.00MILEAGEMileage-UOM: EA-TAX: 200220010360COLLECT200 2.5000 2.5000 500.00LABORLabor Standard Rate-UOM: HR-TAX: 8.75220010360COLLECT8.75 115.0000 115.0000 1006.25TRAVELTravel Charge-UOM: HR-TAX: 4.5220010360COLLECT4.5 115.0000 115.0000 517.50ADDITIONAL INFORMATIONSUB TOTALCHARGESDISCOUNTSVAT/TAXFREIGHTTOTAL;;;;; 2273.75 .00 .00 204.64 2478.39Currency :USD Mohammed,Rizwan Credit Department Phone/Fax: Email:Rizwan.mohd@xyleminc.com Statement for: City of Bremerton 3027 OLYMPUS DR NE Statement Date :07/17/2019 BREMERTON, WA 98310-4620 Account Number :5255694-2745 Document No.Document Date Purchase Order No. No. of Days Past Due.Net Due Date Amount in Transaction Currency Transaction Currency Amount in Functional Currency ( USD )Dispute amount Payment Terms Sales Order S.O 400907771 04/16/2019 Water Front Bypass 62 05/16/2019 6,142.15 USD 6,142.15 0.00 400908065 04/16/2019 Bremerton / Bypass / HL225M 62 05/16/2019 2,478.39 USD 2,478.39 0.00 NET 30 220010360 400909760 04/23/2019 Water Front Bypass 55 05/23/2019 23,028.98 USD 23,028.98 0.00 NET 30 220010349 400914034 05/08/2019 Water Front Bypass 40 06/07/2019 8,368.41 USD 8,368.41 0.00 NET 30 220010349 40,017.93Total Outstanding:40,017.93 * Indicates that several Purchase Orders were billed under the invoice document number shown. Account Statement Total for currency "USD": AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Public Hearing on Ordinance No. ______ to revise the Corporate Boundary with Kitsap County at the south end of Oyster Bay Avenue COUNCIL MEETING Date: August 21, 2019 Department: PW&U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: On September 11, 1991 the City passed Ordinance No. 4341 to annex property east of Oyster Bay Avenue and south of 1st Street (see attached excerpt from the Ordinance.) The property limits stated in the legal description of the Ordinance were inaccurate, and as a result an island of County was created within the City. The proposed Ordinance corrects the property limits from the 1991 annexation and incorporates into the City limits that portion of 1st Street and that portion of Oyster Bay Avenue located within the County per RCW 35.21.790. ATTACHMENTS: 1. Proposed Ordinance No.______; 2. Exhibit Drawing; 3. Ordinance No. 4341 FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. ____ to revise the corporate boundary to incorporate into the City limits that portion of 1st Street and that portion of Oyster Bay Avenue located within the County. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B7 1 Corporate Boundary Revision – Oyster Bay Avenue & 1st Street ORDINANCE NO. __________ AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to a revision of the corporate boundary between the City and Kitsap County to incorporate into the City limits that portion of 1 st Street and that portion of Oyster Bay Avenue located within the County. WHEREAS, in 1991 the City passed Ordinance No. 4341 which annexed approximately 8.12 acres of County property into the City; and WHEREAS, the legal description of the 1991 annexation created portions o f 1st Street and Oyster Bay Avenue which remained in the County, but are fully surrounded by City of Bremerton property effectively being an island of County within the Bremerton corporate boundary; and WHEREAS, the Exhibit included in the 1991 annexation ordinance clearly demonstrates that the intent was for the annexation to include the adjacent right -of-way in the annexation into the City of Bremerton; and WHEREAS, Kitsap County has requested, and the City of Bremerton agrees, to revise the corporate boundary to eliminate the island of County located on 1st Street and that portion of Oyster Bay Avenue within the City limits; and WHEREAS, Kitsap County has additionally requested, and the City agrees, to incorporate into the City limits the remaining southern portion of Oyster Bay Avenue located within the County and adjacent to the City; and WHEREAS, RCW 35.21.790 allows the governing bodies of a city and county by mutual agreement to revise the corporate boundary; and WHEREAS, the City of Bremerton agrees to adjust the corporate boundary as requested by Kitsap County; and WHEREAS, Kitsap County intends to pass an ordinance or resolution approving the corporate boundary adjustment as set forth herein; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Pursuant to RCW 35.21.790, the corporate boundary between Kitsap County and the City of Bremerton is hereby revised to incorporate into the City limits that 2 Corporate Boundary Revision – Oyster Bay Avenue & 1st Street portion of 1st Street and that portion of Oyster Bay Avenue located within the County and adjacent to the City as legally described in Exhibit A, and as depicted in Exhibit B, both exhibits attached hereto and incorporat ed herein by reference. SECTION 3. Effective Date of Section 2. The provisions of Section 2 of this ordinance shall be effective on the effective date of the ordinance or resolution passed by Kitsap County approving the corporate boundary adjustment as set forth in Section 2 above, or the effective date of this ordinance, whichever is later. SECTION 4. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconst itutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the ________ day of ________________, 2019. ERIC YOUNGER, Council President Approved this _______ day of ________________, 2019. GREG WHEELER, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney ANGELA WOODS, City Clerk PUBLISHED the ______ day of _______________________, 2019. EFFECTIVE the ______ day of _______________________, 2019 ORDINANCE NO. __________ R:\Legal\Legal\Files\Current Active Files\Oyster Bay Avenue - Boundary Adjustment\Oyster Bay & 1st Street Ordinance.doc EXHIBIT "B" AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Professional Services Agreement Amendment No. 1 with FCS Group for Engineering Division Workload Study COUNCIL MEETING Date: August 21, 2019 Department: PW&U Presenter: T. Knuckey/N. Lever Phone: (360) 473-2376/X2398 SUMMARY: On January 16, 2019 a contract was executed with FCS Group to conduct an evaluation of the workload of the Engineering Division. The work scope currently includes a staff assessment to identify gaps between desired areas of focus and where time is spent, along with development of recommendations to close the gaps. The proposed amendment will benchmark/compare City staff levels against other municipalities with similar functions, will incorporate capital work delivered outside of Engineering into the total capital delivery analysis, and will recommend the best use of consultants in Capital project delivery. ATTACHMENTS: 1) Contract Modification No., 2) Exhibit A FISCAL IMPACTS (Include Budgeted Amount): The current contract amount is $53,970; the proposed amendment is $44,990 bringing the contract total to $98,960. This study is paid for by the professional services line items budget for 2019 in Water, Wastewater, Storm Water, and Transportation Funds. No budget adjustment is required. STUDY SESSION AGENDA: ☐ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Contract Modification No. 1 with FCS Group for the Engineering Division Workload Study 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 B8 Page 1 of 2 Contract Modification Rev. 07/18 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND FCS GROUP PROJECT Engineering Division Workload Study CONSULTANT FCS Group DATE 8/14/2019 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Engineering Division Workload Study AGREEMENT (the "Contract") entered into between the City of Bremerton and FCS Group, Inc., on January 16, 2019. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Contract are as follows: I. Section I. Scope , is modified per the attached Exhibit A. Section II. Term , is modified as follows: No change in term - the Consultant shall complete the work by December 31, 2019. Section III. Compensation , is modified as follows: The original contract amount was Fifty-Three Thousand Nine Hundred Seventy Dollars ($53,970.00). The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Forty-Four Thousand Nine Hundred Ninety Dollars ($44,990.00) for a total amended contract amount of Ninety-Eight Thousand Nine Hundred Sixty Dollars ($98,960.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all of the Consultant’s claims for contract time and for all costs of any kind, including without limitation, costs of delays related to any work either covered or affected by this Contract Modification, claims related to on-site or home office overhead, or lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. Page 2 of 2 Contract Modification Rev. 07/18 The undersigned consultant approves the foregoing Contract Modification 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 Contract Modification. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Contract Modification 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 contract modification that is binding on the parties of this contract. In addition, Consultant 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. IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day and year first written above. City Engineer / Public Works Director approved to process _________________________ (Initials and Date) CONSULTANT THE CITY OF BREMERTON By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA WOODS, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr./Mrs. Title City of Bremerton Engineering Dept. Address 1 Address 2 Phone/Fax R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 07 2018.docx CITY OF BREMERTON Engineering Group Workload Study October of 2018 – Amended July of 2019 page 1 www.fcsgroup.com This scope of work reflects an amendment to the original Public Works Department Engineering Group Workload Study. FCS GROUP proposes the following additions to the contracted scope of work: Task 250 – Benchmarking Analysi s In order to place current staffi ng levels and strategies in context with other models at similar cities, the FCS GROUP team will perform a benchmarking analysis. The analysis will explore the five following cities: ■ Olympia, WA ■ Vancouver, WA ■ Everett, WA ■ Bellingham, WA ■ Renton, WA In this b enchmarking analysis the team will perform the following tasks : ■ Create a draft benchmarking survey and comparison table . ■ Review benchmarking survey with Bremerton staff and update per comments received and approval prior to contact. Public Works Director and or the City Engineer will need to make the initial contact with the selected Cities to initiate the Survey engagement. Follow -up by the Public Works Director and or City Engineer may be required and will be addressed on a case by case basis. ■ Benchmark above cities based on survey via one to two (1 -2) hr. telephone interview and associated email correspondence 1 1 If the team is unable to reach a particular city, that city will be swapped with another comparable city or if an adequate replacement is not found then the number of benchmarked cities will decrease EXHIBIT A: SCOPE OF WORK - A MENDED CITY OF BREMERTON – PUBLIC WORKS DEPARTMENT ENGINEERING GROUP WORKLOAD STUDY CITY OF BREMERTON Engineering Group Workload Study October of 2018 – Amended July of 2019 page 2 www.fcsgroup.com With the survey results the team will analyze the data and report out on the results to the City via a brief memo . The focus of the FCS GROUP analysis will include: ■ Engineering staff numbers including; number of staff, utilities supported, development services supported, and capital projects delivered (number and value). ■ Strategy regarding consultant support . ■ Nature of additional support work su ch as operations support . ■ Insights into other workload issues or solutions to workload issues . ■ Insights from organization chart information as available . The focus of the benchmarking analysis will not be just on how much of something exists but rather how similar issues at other cities are solved . Deliverables: ■ Benchmarking survey ■ Summary of benchmarking analysis (memo) Task 270 -Public Works Staff Augmentation Analysis The Engineering group at the City provides operational support to public works staff. P ublic Works staff provide capital project delivery support to the Engineering group. The trading of staff support impacts the overall workload needs of Engineering. As a result, it is important to understand how Public Works staff time is augmented for and by Engineering. In order to understand this dynamic, the FCS GROUP project team will: ■ Perform additional assessment of capital works project support performed by operations staff . The Engineering group will provide a list of staff and activities outside o f the Engineering group that provide capital works project support. ■ Perform additional assessment, as required, of operational work support provided by the Engineering group . Deliverables: ■ Augmented workload assessment per Task 200 The goal of this task is to understand the total FTE equivalent required for capital delivery from the Department. Task 350 – Contractor Resources The Engineering group currently bridges a workload gap for project delivery by contracting out certain capital project delivery functions to consulting teams. In many cases, contracted work is more expensive than work performed by the City. However, it can serve an important purpose in filling workload gaps and delivering specialized projects . The City may decide to continue down this path or, instead, hire additional engineering support to bridge the delivery gap. To inform this decision -making process, the FCS GROUP team will review and analyze the prior two to three years of capital project data and document the use of contractors to CITY OF BREMERTON Engineering Group Workload Study October of 2018 – Amended July of 2019 page 3 www.fcsgroup.com handle excess or specialized engineering workload. We will review and analyze the reasons and the “why”. This assessment wi ll include: ■ Assessment of the nature and overall capital delivery workload supported by contractors . ■ Our analysis will separate out the type of work performed by contractors in order to distinguish work outsourced due to specialization needs, workload gaps, or other drivers. ■ Contractor cost assessment ■ Through our analysis we will also collect contractor cost information including contractor fees and City time to manage contracts . ■ Overall contractor use assessment ■ Based on the analysis of the data gather ed above, the FCS GROUP team will assess how the City currently uses contractors and consider cost implications through time . Our team will summarize the assessment including the risks and benefits of the current appr oach both quantitatively (through costs) and qualitatively (through observations of current use). Deliverables: ■ Analysis results presentation FCS GROUP TEAM The FCS GROUP Team includes: Angie Sanchez (Principal -In-Charge) Jason Mumm (Executive Consultant), Ben Hoffman (Ass et Management Practice Leader), Paul Quinn (Senior Analyst) and David Gordon (Utility Management Consultant II – Blue Cypress Consulting). CITY OF BREMERTON Engineering Group Workload Study October of 2018 – Amended July of 2019 page 4 www.fcsgroup.com COST ESTIMATE (AMEND ED) Thank you, Ben Hoffman Asset Management Practice Leader City of Bremerton, WA Amended Scope of Work - Engineering Group Workload Study (July 2019) Principal Project Manager Sr. Analyst Business Angie Sanchez Ben Hoffman David Gordon $260 $210 $140 $85 $176 Project Tasks: Costs Sub Hours Total Cost 250 - Benchmarking Analysis 1 44 1 $ 9,585 80 $ 23,665 270 - Public Works Staff Augmentation Analysis 1 14 1 $ 3,285 30 $ 8,565 350 - Contractor Resources 4 12 40 1 $ 9,245 15 $ 11,885 Total Labor Cost 6 70 40 3 $ 22,115 125 $ 44,115 Estimated Travel Expenses $ 875 $ - $ 875 $ 44,990 Hourly Billing Rates Admin Support Labor Hours By Consultant Total Estimated Cost AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No. to authorize the Sole Source Purchase of Sensus Flexnet System from Ferguson Waterworks Study Session Date: August 14, 2019 COUNCIL MEETING Date: August 21, 2019 Department: PW & U Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: This proposal is to purchase and install four Sensus Flexnet M400 Base Station fixed base metering system. Over the past seven years, Bremerton’s Utility staff has been working to replace the water meters and transceivers to be compatible with this new technology, which will allow the Utility Billing staff to read, detect leaks, communicate with, shut off, and check for leaks for any individual meter by accessing a software program from their desks. This system will also enable designated city staff to control, monitor and adjust the city’s street lights from their work station. ATTACHMENTS: 1) Resolution No. ; 2) Sole Source Determination; 3) General Information Sheet; 4) Price Quote FISCAL IMPACTS (Include Budgeted Amount): This item is budgeted in the Water Utility Capital Program. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve Resolution No. authorizing the purchase of the Sensus Flexnet system from Ferguson Waterworks in the amount of $341,758.60 including Washington State sales tax and authorize the Mayor to finalize and execute the purchase with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B9 Item Pulled AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Telecommunications Facilities Lease Agreement Amendment No. 2 with Seattle SMSA Limited Partnership d/b/a Verizon Wireless Study Session Date: August 14, 2019 COUNCIL MEETING Date: August 21, 2019 Department: Public Works Presenter: Melinda Monroe Phone: (360) 473-5306 SUMMARY: The current lease agreement with Seattle SMSA Limited Partnership d/b/a Verizon Wireless expired 7/31/19 and is for the existing north tower on parcel 292401-2-002-2008 located on Water Utility property. SMSA has held this lease since 2004. This Amendment would extend the lease until 7/31/2020 giving the City and ATC time to negotiate a long-term lease. Additionally, this amendment names American Tower as the management agent via Power of Attorney. ATTACHMENTS: Lease Amendment and Power of Attorney (as support only, not incorporated into the lease). FISCAL IMPACTS (Include Budgeted Amount): None. The amendment maintains current payment schedule and Lease payments remain the same increasing by CPI for the next 12 months. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move that the City enter into a lease agreement for the communication site on parcel 292401-2-002- 2008 with Seattle SMSA Limited Partnership d/b/a Verizon Wireless and authorize the Mayor to finalize and execute the amendment with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B10 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Interlocal Agreement; and Utility, Street Frontage and Traffic Study Agreement with the Quinault Indian Nation COUNCIL MEETING Date: August 21, 2019 Department: City Attorney Presenter: Roger A. Lubovich Phone: (360) 473-2345 SUMMARY: Interlocal Agreement relating to public safety, utility services, payment in lieu of taxes and related matters. Agreement ensuring the Quinault Indian Nation will contract with the City for all required services related to utilities. The subject land held by the Bureau of Indian Affairs (BIA) in trust for individual Indians. Such land is federally owned and therefore the agreements are required. ATTACHMENTS: 1) Interlocal Agreement Updated; 2) Utility, Street Frontage and Traffic Study Agreement Updated FISCAL IMPACTS (Include Budgeted Amount): None. The Quinault Indian Nation will pay all costs of designing, engineering and constructing the extension. STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to approve the Interlocal Agreement and Utility, Street Frontage and Traffic Study Agreement with the Quinault Indian Nation and authorize the Mayor to finalize and execute the agreements with substantially the same terms and conditions as presented. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B11 Updated Page 1 of 6 INTERLOCAL AGREEMENT BETWEEN QUINAULT INDIAN NATION AND CITY OF BREMERTON RELATED TO TRUST PROPERTY IN BREMERTON The Quinault Indian Nation (“Nation”) and City of Bremerton (“City”) enter this Interlocal Agreement (“Agreement”) related to a public domain allotment held in trust by the United States and under Nation jurisdiction in Bremerton, WA, at 1321 North Callow Avenue (“Property”) legally described as follows: PTN OF SE1/4 NE1/4, BEG 835.40FT N & 420.75FT W OF THE SE COR OF SE1/4 NE1/4 TH W 212FT TH N 162.7FT TH E 212FT TH S 162.7FT TO POB WHEREAS, the Nation is a federally-recognized Indian tribe, and according to its Constitution (1975), is a sovereign government having governmental authority over all real property and lands held by the United States within the jurisdiction of the Nation; and WHEREAS, under federal law, Nation has criminal jurisdiction over Indian persons acting within trust lands under Nation jurisdiction; and WHEREAS, the Quinault Business Committee is the governing body of the Nation and has authority to enter agreements under the Quinault Indian Nation Constitution, Article V, § 3(a); and WHEREAS, the City is a municipal corporation of the State of Washington chartered pursuant to Chapter 35.22 RCW; and WHEREAS, the City and Nation may enter binding agreements under the State of Washington Interlocal Cooperation Act, Ch. 39.34 RCW; and WHEREAS, the Property is within the city limits; and WHEREAS, the parties desire to work cooperatively to protect the health, safety and welfare of all persons utilizing the Property and to address the impact from the development of the Property on the public safety services of the City, NOW, THEREFORE, in consideration of the mutual promises and benefits to each party arising from this Agreement, the Nation and City agree as follows: I. COMMITMENTS A. The City will: (1) Provide fire, law enforcement, and emergency medical services to all persons on the Property when dispatched by Kitsap 911 in the same manner as it responds to other properties within its jurisdiction. Page 2 of 6 (2) Bremerton Police Department (“Bremerton Police”) may conduct routine patrols and will respond to calls for service from the Property. (3) For crimes involving non-tribal suspects or suspects who are an enrolled member of any federally recognized tribe other than the Nation, the City will have jurisdiction. (4) For crimes involving suspects who are Nation members: a. The Bremerton Police will contact the Quinault Police to see how they want to proceed. b. If the Quinault Police want custody of a Nation suspect, they will send an officer. Recognizing the significant distance between the Nation and the City, the Bremerton Police may book the Nation member into the Kitsap County Jail. c. For non-violent crimes, or when the Nation suspect is not booked, the Bremerton Police will forward an incident report to the Quinault Police. The Nation will file any resultant charges in Quinault Tribal Court. d. For violent crimes, Quinault Police will make reasonable attempts to immediately respond, which may include involvement of the FBI if required by federal law. Bremerton Police will secure the scene, begin the investigation and coordinate with Quinault Police and/or the FBI upon their arrival. (5) Any law enforcement officer acting pursuant to this Agreement shall turn over information to the agency having primary jurisdiction of said criminal activity, and shall fully cooperate with the agency having primary jurisdiction to assist with the follow-up investigation as requested by the other agency. Criminal investigations shall be conducted by the agency having primary criminal jurisdiction. Nation law enforcement officers shall have primary criminal jurisdiction over any Indian persons on the Property. City law enforcement officers shall have primary criminal jurisdiction over any non- Indian persons on the Property. (6) Track the level of effort by City responding to calls for fire, police and emergency services for one year after execution of this Agreement and determine after that time whether to re-negotiate the terms of this Agreement. B. The Nation will: (1) Ensure that the Quinault Police will respond directly to calls from the Property involving Nation Indians. Page 3 of 6 (2) In lieu of Business and Occupation Taxes; general fees for Police, Fire and Emergency Medical; and special assessments fees, the Nation shall pay a fee in lieu of taxes (“Pilot Fee”) of $24,255.00 annually. After two years from the latest date this agreement is signed by the Bremerton Mayor and the Quinault Indian Nation President, the Pilot Fee will be renegotiated, and a new Pilot Fee will be agreed to in writing. Said renegotiated fee will remain in effect thereafter and will be annually and automatically adjusted each September 1st by applying the twelve month average Consumer Price Index (“CPI”) rate published in June of each consecutive year. (3) Pay for any actual transportation costs associated with transporting Nation Indian persons to a medical facility if medical care is deemed necessary by responding law enforcement officer(s). (4) Pay for jail usage at the rate and fees set forth in any agreement established between the Nation and Kitsap County for the care, custody and release of Nation detainees in the Kitsap County Jail, and to reimburse the City for costs and fees as established pursuant to the jail contract, as currently entered into and as hereinafter amended between the City and Kitsap County, for jail services incurred by the City for Nation Indians detained by City law enforcement officers when waiting for Nation response. (5) Utilize a garbage collection service to remove solid waste from the Property as long as it operates a business on said Property. (6) Not permit gaming activities or the sale of fireworks on the Property. (7) Not sell single cans of high-alcohol beer on the Property. (8) Pre-authorize the Bremerton Police to enforce Sections 9A.36.130 through 9A.36.180 of the Bremerton Municipal Code regarding trespass and other related violations. C. The parties agree to perform their respective obligations and responsibilities under this Agreement in good faith. The parties agree to work cooperatively to implement this Agreement and commit to addressing concerns and working together to resolve disputes promptly and cooperatively at a staff level. D. The parties agree to enter into an agreement(s) for water, storm water and sewer utility connection and services to the property pursuant to Title 15 of the Bremerton Municipal Code entitled “Municipal Utilities” and for street frontage improvements and a traffic impact analysis Page 4 of 6 for the property pursuant to Chapter 11.12 of the Bremerton Municipal Code entitled “Transportation Development Code”. II. AMENDMENTS This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, except the Utility Frontage and Traffic Study Agreement. No modification or amendments shall be valid unless evidenced in writing and signed by all parties. III. IMMUNITY A. Except as set forth in Section IV. below, the Nation grants the City a limited waiver of sovereign immunity to be sued only to the extent necessary to enforce this Agreement, unless the Nation is otherwise protected from a claim under the Federal Tort Claims Act, with the following limitations: (1) The claim is made by the City, and not by any other party, whether an individual or an entity of any kind. The right to sue shall not be transferable. (2) The claim alleges a default by the Nation of one or more specific duties owed under the terms of this Agreement. No suit shall be had for any other reason. (3) The claim seeks either: i) specific performance by the Nation to bring the Nation into compliance with the obligations or duties expressly assumed under this Agreement; or ii) payment of a monetary judgment arising from a default of an explicit duty, including the payment of fees and charges, owed by the Nation to the City under the terms of this Agreement; provided, that any resulting judgment shall be satisfied first through payment from the Nation’s insurance, and if insurance coverage is not available or sufficient, then from the Nation’s then-existing bank and financial accounts up to $500,000.00 per occurrence. (4) The claim is brought in the courts of the State of Washington with jurisdiction and venue in Kitsap County. B. Other than as expressly set forth in Section III, above, no other provision in this Agreement shall be deemed a waiver by the Nation of its sovereign immunity in any form, regardless of the terms used or material directly or indirectly referenced. IV. INDEMNITY. As relates to any legal claims or lawsuits brought by third parties, each party to this Agreement shall be responsible and assume liability for its own wrongful and/or negligent acts or omissions, and for those of its officers, agents or employees to the fullest extent required by law, Page 5 of 6 and shall indemnify, defend and hold the other parties harmless from any such liability, allegations, complaints, or claims of wrongful and/or negligent acts or omissions by said part y and/or its officers, agents, or employees to the fullest extent allowed by law. For the purposes of this Agreement only, and in particular this section, the Nation agrees that neither it nor its insurance company shall invoke the defense of sovereign immunity in response to a legal claim or lawsuit brought by a third party related to this Agreement. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence or fault attributable to each party and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The Nation specifically waives its sovereign immunity with regard to tortious conduct of tribal police officers when acting in the capacity of a general authority Washington peace officer, pursuant to RCW 10.92.020(2)(a)(ii), as further described in Subsections I(A) and (B) of this Agreement. The Nation will continuously insure or self-insure during the term of this Agreement pursuant to the requirements of RCW 10.92.020. The limitations set forth in Subsection III. (A)(3) above do not apply to this section. V. DISPUTE RESOLUTION A. In the event a dispute cannot be resolved informally between staff, either party may request in writing a government to government discussion between the Quinault Business Committee and the City Mayor, and the parties agree to attempt to resolve the dispute at the earliest opportunity. B. In the event the government-to-government discussion does not resolve said dispute, the parties will engage in mediation in good faith, with each party equally sharing the costs of mediation. The parties agree to cooperate with one another in selecting a mediator from a JAMS panel of neutrals and in scheduling the mediation proceedings. VI. TERMINATION Either party may terminate this Agreement with sixty (60) days’ advance written notice to the other party. Notice shall be mailed by certified U.S. mail to the elected official of each party (President and Mayor) and the attorney of each party (Quinault Attorney General and City Attorney). VII. SEVERABILITY If any provision of this Agreement or its application is held invalid, the remainder of this Agreement shall not be affected. This Agreement shall become effective upon the date fully executed below. QUINAULT INDIAN NATION CITY OF BREMERTON Page 6 of 6 ______________________________ ______________________________ Fawn R. Sharp, President Greg Wheeler, Mayor Date__________________________ Date__________________________ ATTEST: ATTEST: _______________________________ _____________________________ Latosha Underwood, Secretary Angela Woods, City Clerk Approved as to form: Approved as to form: ______________________________ ______________________________ Lori Bruner, Sr. Asst. Attorney General Roger A. Lubovich, City Attorney 1 UTILITY, STREET FRONTAGE AND TRAFFIC STUDY AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton, Washington, hereinafter referred to as the "City", and the Quinault Indian Nation, hereinafter referred to as the "Nation". WHEREAS, the Nation is the lessee of certain real property located in Kitsap County; and WHEREAS, the property is held in trust by the United States for the benefit of individual Indian owners from whom the Nation is leasing the property and is located within the city limits of Bremerton but not subject to the jurisdiction of City; and WHEREAS, the Nation intends to develop a drive through tobacco sales facility in its initial phase of development of the property and may develop a convenience store and gas station at a later phase of development of the property; and WHEREAS, the Nation desires to receive utility services from the City and the City is willing to provide utility services only upon certain terms and conditions in accordance with those provisions of this Agreement; and WHEREAS, the Nation agrees to provide street frontage improvements and conduct a traffic impact analysis for the property in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, in consideration of their mutual covenants, conditions and promises, THE PARTIES AGREE as follows: 1. Warranty of Title. The Nation warrants that the property located at 1321 North Callow Avenue in Bremerton, Washington and described below (“Property”) is held in trust by the United States. PTN OF SE1/4 NE1/4, BEG 835.40FT N & 420.75FT W OF THE SE COR OF SE1/4 NE1/4 TH W 212FT TH N 162.7FT TH E 212FT TH S 162.7FT TO POB The Nation warrants that it is authorized to enter into this Agreement pursuant to a confidential commercial lease duly approved by the Bureau of Indian Affairs, which authorizes the Nation to enter into such agreements. 2. Water and Sewer Extensions Authorized. The City hereby authorizes the Nation to extend service to the Property from the existing water and sewer lines in Callow Avenue. Further, utility services under this Agreement shall be provided in the manner prescribed in Title 15 of the Bremerton Municipal Code (“BMC”) except as otherwise expressly provided in this Agreement; provided, that nothing in said municipal code provisions or this Agreement shall be construed as a waiver of the Nation's sovereign immunity or submission to 2 City's police powers. 3. Costs. Nation will pay all costs of designing, engineering and constructing the extension. 4. Sewer Commitments. The City agrees to provide to the Nation sewer utility service and hereby reserves to the Nation the right to discharge to the City's sewage system from a system having the following flow characteristics: a drive through tobacco sales facility. 5. Water Commitments. The City agrees to provide to the Nation water service and reserves to the Nation the right to connect service with a meter and to provide water to the following: a drive through tobacco sales facility. 6. Stormwater Commitments. The City agrees to provide to the Nation stormwater utility service and hereby reserves to the Nation the right to discharge to the City's stormwater system, to be assessed at a rate as required pursuant to Title 15 of the BMC for development of a drive through tobacco sales facility. 7. Capacity Commitments – Current and Future Development. Capacity rights acquired by the Nation pursuant to this Agreement shall not constitute ownership by the Nation of any facilities comprising the City water and sewerage system. These capacity rights are allocated only to the Nation's system as herein described for a drive through tobacco sales facility. Any addition to this system must first be approved by the City. Such approval shall not be unreasonably withheld. The Nation contemplates another phase of development at the Property to include a convenience store and gas station that will ultimately supplement the tobacco sales facility. The City contemplates capacity will be available to accommodate this addition. Additional charges and fees may be assessed for utility connection and services as well as other required improvements pursuant to Title 15 and Chapter 11.12 of the BMC for any future development of the Property beyond the drive through tobacco sales facility. The City retains the authority to temporarily suspend such capacity or to interrupt service where necessary for repairs, or to protect public health and safety, or where required to comply with the City's National Pollutant Discharge Elimination System (“NPDES”) permit, or any other permits required by any agency with jurisdiction. 8. Connection Charges. The Nation agrees to pay the connection charges for water, stormwater, and sewer, in addition to any costs of construction, as a condition of conne cting to the City utility system at the rate schedules applicable at the time the Nation pays the connection charges. 9. Service Charges. In addition to the charges for connection, the Nation agrees to pay for utility service rendered according to the rates for services as such rates exist and are provided in the BMC, or as they may be hereafter amended or modified. 3 10. Street Frontage Improvements. The Nation agrees to provide street frontage improvements as currently approved by the City. If the Nation contemplates another phase of development, additional improvements will be provided pursuant to BMC 11.12.110 and the Engineering Design & Construction Standards. 11. Street Impact Analysis. The Nation agrees to provide the City with an approved traffic impact analysis (“TIA”) pursuant to BMC 11.12.060 for all phases of development of the Property and will provide mitigation of the impacts as required. 12. Future Development – Fees and Charges. Additional charges and fees may be assessed for utility connection and services as well as other required improvements pursuant to Title 15 and Chapter 11.12 of the Bremerton Municipal Code for any future development of the Property beyond the currently proposed drive through tobacco sales facility. 13. Permits - Easements. Nation shall secure and obtain, at Nation's sole cost and expense any necessary permits, easements and licenses to construct the improvements. 14. Delinquent Payments. The City acknowledges that delinquent payments under this Agreement shall not constitute a lien upon the Property. In the event the Nation's payments for service charges become delinquent, the Nation acknowledges that the City may suspend the water service until the delinquent and unpaid charges are paid after notice of nonpayment and a 21-day opportunity to cure is provided to the Nation. 15. Specific Enforcement. In addition to any other remedy provided by law or this Agreement, the terms of this Agreement may be specifically enforced in federal court. 16. Authority to Execute Agreement. Each party represents that the party, by the signature(s) of their agent(s) affixed below, has duly constituted authority to enter into this agreement and all necessary company actions have been taken to authorize execution and performance of this agreement. 17. Attorney's Fees. In any suit or action seeking to enforce any provision of this Agreement, neither Party shall be entitled to reimbursement of its attorney’s fees and costs 18. Waiver of Sovereign Immunity. Except as set forth in Section 19 below, the Nation grants the City a limited waiver of sovereign immunity to be sued only to the extent necessary to enforce this Agreement, unless the Nation is otherwise protected from a claim under the Federal Tort Claims Act, with the following limitations: a. The claim is made by the City, and not by any other party, whether an individual or an entity of any kind. The right to sue shall not be transferable. b. The claim alleges a default by the Nation of one or more specific duties owed under the terms of this Agreement. No suit shall be had for any other reason. c. The claim seeks any of the following: 4 i) specific performance by the Nation to bring the Nation into compliance with the obligations or duties expressly assumed under this Agreement; or ii) payment of a monetary judgment arising from a default of an explicit duty, including the payment of fees and charges, owed by the Nation to the City under the terms of this Agreement; provided, that any resulting judgment shall be satisfied first through payment from the Nation’s insurance, and if insurance coverage is not available or sufficient, then from the Nation’s then-existing bank and financial accounts up to $500,000.00 per occurrence. d. The claim is brought in the courts of the State of Washington with jurisdiction and venue in Kitsap County. Other than as expressly set forth in Section 18 above and Section 19 below, no other provision in this Agreement shall be deemed a waiver by the Nation of its sovereign immunity in any form, regardless of the terms used or material directly or indirectly referenced. 19. Indemnity. As relates to any legal claims or lawsuits brought by third parties, each party to this Agreement shall be responsible and assume liability for its own wrongful and/or negligent acts or omissions, and for those of its officers, agents or employees to the fullest extent required by law, and shall indemnify, defend and hold the other parties harmless from any such liability, allegations, complaints, or claims of wrongful and/or negligent acts or omissions by said party and/or its officers, agents, or employees to the fullest extent allowed by law. For the purposes of this Agreement only, and in particular this section, the Nation agrees that neither it nor its insurance company shall invoke the defense of sovereign immunity in response to a legal claim or lawsuit brought by a third party related to this Agreement. In the case of negligence of more than one party, any damages allowed shall be levied in proportion to the percentage of negligence or fault attributable to each party and each party shall have the right to seek contribution from each of the other parties in proportion to the percentage of negligence attributable to each of the other parties. The provisions of this section shall survive the expiration or earlier termination of this Agreement. The limitations set forth in Subsection 18(c) above do not apply to this section. 20. Severability. If any provision of this Agreement or its application to any circumstance is held invalid, the remainder of the Agreement or the application to other circumstances shall not be affected. IN WITNESS WHEREOF, the parties have signed this Agreement, effective on the date fully executed below. QUINAULT INDIAN NATION CITY OF BREMERTON _____________________________ _____________________________ Fawn R. Sharp, President Greg Wheeler, Mayor Date _________________________ Date_________________________ 5 ATTEST: ATTEST: _____________________________ ______________________________ Latosha Underwood, Secretary Angela Woods, City Clerk Approved as to form: Approved as to form: ______________________________ ______________________________ Lori Bruner, Sr. Asst. Attorney General Roger A. Lubovich, City Attorney QIN Project - Pilot Fee Calculation 1) B & O Component Amended 400 cars 150 cartons 21.00$ 3,150.00$ 50 tobacco/multi paks 50.00$ 2,500.00$ 50 ind packs 8.05$ 402.50$ 125 pop/energy 3.00$ 375.00$ 30 chewing tobacco 6.00$ 180.00$ 15 rolling papers 3.00$ 45.00$ 20 cigars 2.50$ 50.00$ QIN Adjustment Updated Rev. 440 Products 6,702.50$ 362 2,426,305.00$ x 1.15 2,790,250.75$ Days Minus Exemption 200,000.00$ Minus Exemption 200,000.00$ 2,226,305.00$ Taxable Rev.2,590,250.75$ 0.00125 0.00125 Regular B & O Tax 2,782.88$ Annually - Per Jeanette Formula 3,237.81$ Source of price averaging: http://www.priceco.com/prodline.asp?t=2 2) Bremerton Levies and Bonds on Real Property Value Component Estimated Value 300,000.00$ City of Bremerton 2.114454 %634.34$ City 10 GO 0.217513 %65.25$ City Bond 0.133854 %40.16$ City EMS 0.36265 %108.80$ Comparable City Levy Rates 848.54$ 848.54$ Source of levy percentages: 2019: 1137, 1309, and 1347 N Callow Ave City Levy Rates 3) Bremerton percentage of State Sales Tax 0.0085 0.0085 2,426,305.00$ 2,790,250.75$ 20,623.59$ 23,717.13$ Source of percentage coming to Bremerton from State: Mike Riley 24,255.02$ 27,803.49$ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Study Session Date: August 14, 2019 Ordinance No. 5373 creating Chapter 5.14 of the Bremerton Municipal Code entitled “Massage and Reflexology Businesses” COUNCIL MEETING Date: August 21, 2019 Department: Police Presenter: Jim Burchett Phone: (360) 473-5224 SUMMARY: To create Chapter 5.14 of the Bremerton Municipal Code, relating to Massage and Reflexology Businesses. ATTACHMENTS: 1) Ordinance No. 5373 FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation STUDY SESSION ACTION: ☐ Item Pulled ☐ General Business ☐ Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5373 creating Chapter 5.14 of the Bremerton Municipal Code relating to Massage and Reflexology Businesses. COUNCIL ACTION: Approve Deny Table Continue No Action Form Updated 01/02/2018 B12 1 Chapter 5.14 BMC – Massage and Reflexology Businesses ORDINANCE NO. 5373 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 5.14 of the Bremerton Municipal Code entitled “Massage and Reflexology Businesses.” WHEREAS, the City Council desires to create a new chapter, Chapter 5.14 of the Bremerton Municipal Code, relating to massage and reflexology businesses; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. A new chapter, Chapter 5.14, entitled "Massage and Reflexology Businesses" is hereby added to the Bremerton Municipal Code to read as follows: Chapter 5.14 MASSAGE AND REFLEXOLOGY BUSINESSES 5.14.010 TITLE AND PURPOSE The City of Bremerton (“City”) recognizes the health and wellness benefits of massage and reflexology, and that massage and reflexology businesses in the City serve a legitimate and beneficial purpose in the community. The City also recognizes that there are some businesses that hold themselves out as massage or reflexology businesses, but employ unlicensed persons to provide massage or reflexology who fail to follow state health and licensing requirements, and do not have the proper training required to obtain a state license or certification. In addition, these businesses that employ unlicensed or uncertified persons to provide massage and reflexology are frequently used to facilitate the commission of various criminal acts, including but not limited to prostitution. Businesses that permit unlicensed or uncertified persons to perform massage and reflexology or permit the commission of unlawful acts threaten the business and reputation of legitimate and licensed businesses and therapists, and present a threat to the public health, safety, and welfare. This chapter is intended to inhibit the ability of an individual or business to engage in the practice of providing unlicensed massage and uncertified reflexology, support the legitimate provision of these services by licensed massage therapists and certified reflexologists, enable consumers to more easily identify licensed massage therapists and certified reflexologists, and regulate massage and reflexology businesses in the best interests of the community. 5.14.020 DEFINITIONS. For purposes of this section, “certified reflexologist,” “massage,” “massage therapy,” “massage business,” “massage therapist,” “reflexology,” and “reflexology business” shall have 2 Chapter 5.14 BMC – Massage and Reflexology Businesses the meanings set forth in RCW 18.108.010, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. 5.14.030 GENERAL BUSINESS LICENSE REQUIRED. It is unlawful to conduct, operate or maintain a massage, or reflexology business as an owner or manager without first applying for, receiving and possessing a general business license pursuant to Chapter 5.02 BMC. 5.14.040 LICENSURE OR CERTIFICATION REQUIRED. It shall be unlawful for any person to practice or represent himself or herself as a massage therapist or reflexologist in the City without first applying for and receiving a license or certification to practice from the State Department of Health pursuant to RCW 18.108.030, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. Failure to have a license or certification as required by this section shall be a misdemeanor. 5.14.050 MASSAGE OR REFLOEXOLOGY BUSINESS OWNER OR MANAGER TO ENSURE VALID LICENSE OR CERTIFICATION – VIOLATION. Any person who with knowledge or criminal negligence allows or permits the unlicensed practice of massage therapy or reflexology to be committed within his or her massage business or reflexology business by another is guilty of a misdemeanor for a single violation. Each subsequent violation, whether alleged in the same or in subsequent prosecutions, is a gross misdemeanor. 5.14.060 DISPLAY OF LICENSE OR CERTIFICATION. A licensed massage therapist or a certified reflexologist must conspicuously display their credential in their principal place of business in accordance with RCW 18.108.045, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended. If the licensed massage therapist or certified reflexologist does not have a principal place of business or conducts business in any other location, they must have a copy of their credential available for inspection to persons receiving massage or reflexology services or to a City law enforcement officer upon request while performing services within their authorized scope of practice. 5.14.070 INSPECTION OF PREMISES BY CITY LAW ENFORCEMENT PERSONNEL. To the extent authorized by RCW 18.108.190, adopted and incorporated herein by this reference, as currently enacted and hereinafter amended, City law enforcement personnel shall have the authority to inspect the premises of any business where massages or reflexology services are provided. 5.14.080 VERIFICATION OF LICENSE OR CERTIFICATION. If a City official or City law enforcement officer has cause to believe that a massage license or reflexology certification is fraudulent, expired or not issued to a person who represents it to be their license or certification, the City official or City law enforcement officer may require verification of the license or certification. Verification includes, but is not limited to, a 3 Chapter 5.14 BMC – Massage and Reflexology Businesses comparison of the license or certification with a government issued identification bearing the photograph and date of birth of the license or certification holder. 5.14.090 DENIAL, SUSPENSION AND REVOCATION - PROCEDURE. Any application for the issuance or renewal of a general business license issued under this chapter may be denied, or any license issued under this chapter may be suspended or revoked based on one or more violations of the provisions of this chapter or BMC 5.02.170. The procedures for denial, revocation, and appeal are set forth in BMC 5.02.180. 5.14.100 ADDITIONAL ENFORCEMENT. Notwithstanding the existence or use of any other remedy, the City may seek legal or equitable relief to enjoin any acts or practices which constitute or will constitute a violation of any provisions of this chapter. SECTION 2. Ordinance Review. The City will review, and if necessary, revise the massage and reflexology business ordinance to reflect changed circumstances or new information on or about the one year anniversary of the adoption of the ordinance. SECTION 3. Corrections. The City Clerk and codifiers of this ordinance are authorized to make necessary corrections to this ordinance including, but not limited to, the correction of scrivener, clerical, typographical, and spelling errors, references, ordinance numbering, section/subsection numbers and any references thereto. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 5. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the___________ day of ____________________, 2019. _________________________________ ERIC YOUNGER, Council President Approved this ________ day of ________________________, 2019. _________________________________ GREG WHEELER, Mayor 4 Chapter 5.14 BMC – Massage and Reflexology Businesses ATTEST: APPROVED AS TO FORM: __________________________________ ________________________________ ANGELA WOODS, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the ________ day of ______________________, 2019. EFFECTIVE the ________ day of ______________________, 2019. ORDINANCE NO. ____________ R:\Legal\Legal\Ordinances\Police\Massage Businesses\BMC 5.14 Massage Business Ordinance Final9 - 8-12-19.docx Washington State Massage Therapy Association ADVOCATE FOR MASSAGE THERAPY AS A RECOGNIZED AND RESPECTED HEALTHCARE PROFESSION Date: 13 August 2019 To: Eric Younger, Bremerton City Council President, and Council Members --- City.Council@ci.bremerton.wa.us Greg Wheeler, Mayor of the City of Bremerton -- Greg.Wheeler@ci.bremerton.wa.us Roger A. Lubovich, City Attorney for the City of Bremerton -- legal@ci.bremerton.wa.us Jim Burchett, Chief of Police for the City of Bremerton -- James.Burchett@ci.bremerton.wa.us From: Marybeth Berney, LMT, WSMTA President and Board Member Robbin Blake, LMT, WSMTA Government Relations Director and Board Member -- rblake@mywsmta.org Re: Bremerton City Ordinance 5373 -- Chapter 5.14 Massage and Reflexology Businesses The Washington State Massage Therapy Association supports the language written in the "BMC 5.14 Massage Business Ordinance Final 9 8-12-19.docx" version of the ordinance regarding Chapter 5.14 Massage and Reflexology Businesses of the Bremerton City Ordinance 5373. This is the document which will be presented at the August 14, 2019 Bremerton City Council Meeting. The basis for Chapter 5.14 is another Washington city's ordinance that has been successful at keeping out illegal businesses posing as massage therapy and reflexology entities for years. The logic of Chapter 5.14 is simple and doesn't rely on undercover police work to shut down illegal businesses which helps to keep the Bremerton law enforcement establishment safe and reduces expenses, while keeping the general public safe. The proposed chapter will also permit legitimate massage therapists and reflexologists the ability to practice their professions with little impact to them. We greatly thank Chief Jim Burchett for engaging with and listening to the state associations for massage therapy and reflexology and for all of the outreach he did with the local massage community. He was the key to successfully pulling the current Chapter 5.14 language together. We strongly encourage the Bremerton City Council to pass the language of this ordinance as it is written. Thank you for your consideration. Should any person reading this document require more details, please contact Robbin Blake at rblake@mywsmta.org. Memorandum: To: Jim Burchett, Chief of Police, City of Bremerton From: Michael J. Mandell, LMT, President, AMTA-WA Re: Massage and Reflexology Businesses Ordinance, Final version Date: August 13, 2019 The following comments are sent on behalf of AMTA-WA, a statewide organization representing over 5,000 licensed massage therapists. AMTA-WA is pleased to state that we are in support of the final version of the proposed ordinance titled, “Massage and Reflexology Businesses,” sent to me on August 13, 2019. In addition, we want to express our profound thanks to you, Jim, for listening to our concerns about earlier versions of the ordinance, and creating workable solutions that we can all support. Finally, AMTA-WA appreciates the support of the City of Bremerton for legitimate massage and reflexology businesses. Board of Directors President Michael J. Mandell Treasurer Mandi Denning Board Member David Phillips Lillian Anderson Program Directors Government Relations Diana Thompson Susan Sherman Washington Sports Massage Team Linda Bucher Membership Joseph Major Community Service Massage Team Linda Bucher Volunteer Development Coordinator Allison Hanelt