Loading...
02/23/2010 - Regular - PacketC Mayor: Lary Coppola Councilmembers: Fred Chang Chair: LTAC Tourism Committee Staff: Clerk's Office Jerry Childs Chair: Tourism Committee Staff: Clerk's Office Finance Committee John Clauson Chair: Finance Committee Staff: City Treasurer Utilities/SAC Committee Kitsap County Health Jim Colebank Tourism Committee KRCC/PSRC/KEDA Fred Olin Chair: Public Property Committee Staff. Planning Department Utilities/SAC Committee Carolyn Powers Public Property Committee KRCC/TransPol Rob Putaansuu Chair: Utilities Staff. Public Works Department Finance, SAC Committee Kitsap Housing Authority Department Directors: Patti Kirkpatrick Administrative Services City Clerk Allan Martin City Treasurer Debbie Hunt Court Administrator James Weaver Development Director Al Townsend Police Chief Mark Dorsey, P.E. Public Works Director City Engineer Contact us: 216 Prospect Street Port Orchard, WA 98366 (36o) 876-4407 City Council Meeting Agenda February 2-3, 2010 7:00 p.m. EFFECTIVE January i, 2oio, Meetings will ONLY be available for viewing on the City's Website �. CALL TO ORDER A. Pledge of Allegiance 2. CITIZENS COMMENTS Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record (please complete the sign -in sheet located in the hallway). 3. APPROVAL OF AGENDA 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Claim Warrants, Payroll & Treasurer's check book B. Approval of the February 9, 2010, Council Meeting Minutes C. Setting Meeting for Work Study Session to March 16, 201o, at 7:00 p.m. at City Hall (Kirkpatrick) D. Adoption of Resolution No. 011-10, Authorizing the Mayor to Execute Change Order No. 1, with Ward C. Mueller & Associates, Inc., for Sanitary Sewer Easements Associated with the Granlund Property (Dorsey) E. Adoption of Resolution No. 012-1o, Authorizing the Mayor to Execute Change Order No. 1, with Robinson Noble Saltbush for Well No. 11 Hydrogeologic Services (Dorsey) F. Adoption of Resolution No. 013-1o, Authorizing the Mayor to Execute Change Order No. 2 with Pacific Air Control, Inc. for HVAC Maintenance (Dorsey) G. Adoption of Resolution No. 014-10, Ratifying the Mayor's Signature for Professional Services Contract with Theresa D. Johnson CPA, Inc. for Specialized Accounting (Martin) H. Adoption of Resolution No. 015-1o, Accepting the Bid for a 2010 Ford Escape Police Vehicle (Townsend) 5. PRESENTATION A. Proclamation: Brain Injury Awareness Month — Suzanne Griffin B. Western Washington Center for the Arts — Patty Henderson Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 You may now view City Council Meetings from the City's website: www.cityofportorchard.us February 23, 2010, Meeting Agenda Page i of 2 6. PUBLIC HEARING —NONE 7. BUSINESS ITEMS A. Adoption of Resolution No. o16-1o, Authorizing the Mayor to Execute Contract Amendment No. 1, with Waste Management of Washington, Inc., dba Brem-Air Disposal (Dorsey) B. Adoption of Resolution No. 017-1o, Authorizing the Mayor to Execute Contract with Hemley's Septic Tank Cleaning, Inc., for McCormick Woods Annual Septic Tank Maintenance (Dorsey) C. Adoption of Resolution No. o18-1o, Directing City Staff to Work with Port Orchard Morning Rotary and WSU-Kitsap County Extension Master Gardner Program to Establish a P-Patch Community Garden (Dorsey) 8. REPORTS OF COUNCIL COMMITTEES 9. REPORT OF MAYOR 1o. REPORT OF DEPARTMENT HEADS 11. CITIZEN COMMENTS (Please limit your comments to 3 minutes for items not up for Public Hearing. When recognized by the Mayor, please state your name and address for the official record. It is asked that you do not speak on the same matter twice.) 12. EXECUTIVE SESSION: Pursuant to RCW 42.30.11o, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 13. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Finance Committee February 26, 2010 Myhre's 7:30 a.m. Tourism Committee March 10, 2010 City Hall 5:30 p.m. Utilities Committee March 11, 2010 Myhre's 7:30 a.m. Sewer Advisory Committee (SAC) March 10, 2010 S.K.W.R.F. 6:30 p.m. Public Property Committee March 9, 2010 Myhre's 7:30 a.m. Work Study Session March 16, 2010 City Hall 7:00 p.m. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office, 36o.876.4407 You may now view City Council Meetings from the City's website: www.cityofportorchard.us February 23, 2010, Meeting Agenda Page 2 of 2 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Agenda 4C Meeting Date: Subject: Setting Meeting for a Work Study Prepared by: Session to March 16, 2010, at 7:0o p.m. at City Hall Atty Routing No: Atty Review Date: February 23, 2010 Patti Kirkpatrick, CMC City Clerk NA NA Summary: Work Study Sessions are considered a special meeting of the Council and as such fall under RCW 42.30.080, which states: A special meeting may be called at any time by the presiding officer of the governing body of a public agency or by a majority of the members of the governing body by delivering written notice personally, by mail, by fax, or by electronic mail to each member of the governing body; and to each local newspaper of general circulation and to each local radio or television station which has on file with the governing body a written request to be notified of such special meeting or of all special meetings. Such notice must be delivered personally, by mail, by fax, or by electronic mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specifij the time and place of the special meeting and the business to be transacted. Final disposition shall not be taken on any other matter at such meetings by the governing body. In order to ensure the City is in compliance with proper noticing requirements, the City Attorney has recommended that the Council, by consent agenda, set the date and time of a work study session each month. Recommendation: Staff recommends the Council set the meeting date and time for a work study session to March 16, 2010, at 7:00 p.m. at City Hall. Motion for consideration: I move to set a work study session meeting date and time to Tuesday, March 16, 2010, at 7:00 p.m. at City Hall. Fiscal Impact: None. Attachments: None. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Item 4D Meeting Date: February 23, 2010 Subject: Adoption of Resolution No. oil-io, Prepared by: Mark R. Dorsey, P.E. Authorizing the Mayor to Execute Change Order No.1 with Ward C. Public Works Director Muller & Associates, Inc. for Sanitary Atty Routing No: 082-09 Sewer Easements Associated with the Granlund Property Atty Review Date: February 16, 2010 Summary: Staff has worked with Ward C. Muller & Associates, Inc., on extending the current Contract expiration date of December 31, 2009 to July 31, 2010. Ward C. Muller & Associates, Inc has agreed to the proposed timeline associated with the revised contract expiration date as noted above. Change Order No. 1 and all terms and conditions set forth in the original Contract dated July 14, 2oo9 between the two parties shall remain in full force and effect until the expiration date of July 31, 2010. Recommendation: Staff recommends that the Council adopt Resolution No. oil-1o, thereby authorizing the Mayor to execute Change Order No. 1 with Ward Muller & Associates, Inc. and extending the current Contract expiration date of December 31, 2009 to July 31, 2010. Motion for consideration: I move to adopt Resolution No. oil-1o, thereby authorizing the Mayor to execute Change Order No. 1 with Ward Muller & Associates, Inc., Contract No. 040-09, and extending the current Contract expiration date of December 31, 2009 to July 31, 2010, for surveying the sanitary sewer easements associated with the Granlund property. Fiscal Impact: None (2009 fiscal carry-over to 2010 already addressed) Alternatives: Not approve the contract expiration date and provide further direction to staff Attachments: Resolution No. oil-10 Change Order No. 1 Contract No. C040-09 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. oil-io Public Works Director Public Works Director Public Works Director February 23, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 1 WITH WARD C. MULLER & ASSOCIATES, INC. FOR SANITARY SEWER EASEMENTS ASSOCIATED WITH THE GRANLUND PROPERTY WHEREAS, on July 14, 2009 the City of Port Orchard contracted with Ward C. Muller & Associates, Inc. to survey for the sanitary sewer easements associated with the Granlund Property; and WHEREAS, staff has worked with Ward C. Muller & Associates, Inc. to extend the contract expiration date from July 31, 2009 to July 31, 2010; and WHEREAS, Ward C. Muller & Associates, Inc. has agreed to extend the current contract expiration date to July 31, 2010 under the terms and conditions set forth in the original Contract; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor to execute Change Order No. 1 with Ward C. Muller & Associates, Inc. Contract No. 040-09, thereby extending the contract expiration date from December 31, 2009 to July 31, 2010, for surveying the sanitary sewer easements associated with the Granlund property. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk CITY OF;PORT ORCHARD „ Authorization for Change Order #1 Date: February23, 2010 Contractor: Ward C. Muller & Associates, Inc. Survey for Sanitary Sewer Project: Easements /Granlund 217 Sidney Avenue Contract / Job # C040-09 Port Orchard, WA 98366 Brief Description of Change Order work (Documentation to be attached): Additional contract time only with contract time extension from December 31, 2009 to July 31, 2010. Contract His ,', •, Original Contract $6,080.00 14-Jul-09 Council Change Order 1 $0.00 23-Feb-10 Council Total Contract $6,080.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Pub I orks Director/City Engineer Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Mayor Attest: Change Orders over $15,000 (per project) require Council action. City Clerk Council Approval Date Common/CITY OF PORT ORCHARD change order CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT City of Port Orchard Contract No. C040-09 THIS Agreement is made effective as of the 14th day of dttly, 2009, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 2 16 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 and Ward C. Muller & Associates, Inc. ("CONSULTANT") 217 Sidney Avenue Port Orchard, WA 98366 Contact: Lyle Muller, PLS Phone: 360.876.3443 Fax: 360377.5951 Tax Id No. 90-001 1360 for professional services in connection with the following Project: Survey for the Sanitary Sewer Easements Associated with the Granlund Property TERMS AND CONDITIONS 1. Services by Consultant A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Attachments "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Consultant shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Attachments "A." If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on July 14, 2009 ("Commencement Date") and shall terminate December 31, 2009 unless extended or terminated in writing as provided herein. I of 4. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $6,080.00 without written authorization. 5. Payment A. Consultant shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. 3u '� B. All invoices shall be paid by City warrant within sixty Wdays of ceipt of a proper invoice. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be clone under this Agreement. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. 7. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the 2of6 Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends 8. Standard of Care Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. Ownership of Work Product All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 6 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold Consultant harmless therefore. 10. Indemnification/Hold Harmless Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification. It. 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, or employees. 3of6 A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. ap 4. p}«:+`ess»»,-.....—.,.-R.� in;:,ronee appuopuin. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: I. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. PFRfegg4ang' W111tell with C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL E. Verification of Coverage 4 of 6 12. 13. 14. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Assigning or Subcontracting Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. Notice Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Lary Coppola Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Pax: 360.895.9029 15. Disputes Lyle Muller, PLS Ward C. Muller & Associates, Inc. 217 Sidney Avenue Poet Orchard, WA 98366 Phone: 360.876.3443 Pax: 360.377.5951 Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. 16. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. Extent of Agrecment/Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 5of6 CITY OF PORT ORCHARD, WASI By: Date: Attest: By: Lq LOU Patricia J. Kir p trick, CMC City Clerk CONSULT A o By: "' Name: LYU—z A. MULLt3— Title: CfV�j NEC — Date: LAH 24 ZOO�j 6of6 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Item 4E Meeting Date: February 23, 2010 Subject: Adoption of Resolution No. 012-10, Prepared by: Mark R. Dorsey, P.E. Authorizing the Mayor to Execute Public Works Director Change Order No. 1 with Robinson Noble Saltbush, Inc. for Well No. a Atty Routing No: NA Hydrogeologic Services Atty Review Date: NA Summary: Staff has worked with Robinson Noble Saltbush, Inc. on extending the current Contract expiration date from December 31, 2009 to December 31, 201o. Robinson Noble Saltbush, Inc. has agreed to the proposed timeline associated with the revised contract expiration date as noted above. Change Order No. 1 and all terms and conditions set forth in the original Contract dated April 14, 2oo9 between the parties shall remain in full force and effect until the expiration date of December 31, 2010. Recommendation: Staff recommends that the Council adopt Resolution No. 012-10, thereby authorizing the Mayor to execute Change Order No. i with Robinson Noble Saltbush, Inc. and extending the Contract expiration date of December 31, 2009 to December 31, 2010. Motion for consideration: I move to adopt Resolution No. 012-10, thereby authorizing the Mayor to execute Change Order No. 1 with Robinson Noble Saltbush, Inc., Contract No. CO24- o9 and extending the contract expiration date of December 31, 2009 to December 31, 2010, for Well No. 11 Hydrogeologic Services. Fiscal Impact: None (2009 fiscal carry-over to 2010 already addressed) Alternatives: Not approve the contract expiration date and provide further direction to staff. Attachments: Resolution No. 012-10 Change Order No. 1 Contract No. CO24-09 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 012-10 Public Works Director Public Works Director Public Works Director February 23, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. i WITH ROBINSON NOBLE SALTBUSH, INC. FOR WELL NO. u HYDROGEOLOGIC SERVICES WHEREAS, on April 14, 2009, the City contracted with Robinson Noble Saltbush, Inc. for Well No. 11 Hydrogeologic Services; and WHEREAS, staff has worked with Robinson Noble Saltbusb, Inc. to extend the Contract expiration date from December 31, 2009 to December 31, 2olo; and WHEREAS, Robinson Noble Saltbush, Inc. has agreed to extend the current contract expiration date to December 31, 2010 under the terms and conditions set forth in the original Contract; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor to execute Change Order No. 1 with Robinson Noble Saltbush, Inc. (Contract No. CO24-o9, attached hereto as Exhibit A and incorporated therein by reference) thereby extending the contract expiration date from December 31, 2009 to December 31, 2010 for the Well No. 11 Hydrogeologic Services. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk CITY / , / �..� 11 / /,.i OF` RT OR HARD; , r ' W' ; Authorization for Change Order #1 Date: February23, 2010 Well #11 Hydrogeologic Project: Services Contract / Job # CO24-09 Contractor: Robinson Noble Saltbush, Inc. 3011 South Hudson Street, Suite A Tacoma, WA 98409 Brief Description of Change Order work (Documentation to be attached): Additional contract time only with contract time extension from December 31, 2009 to December 31, 2010. $ Da#e Original Contract $53,000.00 14-Apr-09 Council Change Order 1 $0.00 23-Feb-10 Council Total Contract $53,000.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Pub it or/City Engine Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved; Mayor Attest; City Clerk Change Orders over $15,000 (per project) require Council action. Council Approval Date Common/CITY OF PORT ORCHARD change order CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT POCO Contract No. CO24-09 THIS Agreement is made effective as of the 14th day of April 2009, by and between CITY OF PORT ORCHARD, WASHINGTON ("CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Lary Coppola Phone: 360.876.4407 Fax: 360.895.9029 and Robinson Noble Saltbush, Inc. ("CONSULTANT") 3011 South Hudson Street, Suite A Tacoma, WA 98409 Contact: Douglas C. Dow, L. HG. Phone: 253.475.7711 Fax: 253.472,5846 "Pax Id No. 91-0756960 for professional services in connection with the following Project: Well #11 (formerly Well #5) Hydrogeologic Services TERMS AND CONDITIONS 1. Services by Consultant A. Consultant shall perform the services described in the Scope of Work attached to this Agreement as Attachments "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work A. Consultant shall perform the services described in the scope of work in accordance with the Schedule attached to this contract as Attachments "A." If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on April 15, 2009 ("Commencement Date") and shall terminate December 31, 2009 unless extended or terminated in writing as provided herein. l of 4. Compensation TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $53,000.00 without written authorization. 5. Payment A. Consultant shall maintain time and expense records and provide them to the City monthly, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper invoice. C. Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. If the services rendered do not meet the requirements of the Agreement, Consultant will correct or modify the work to comply with the Agreement. City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Consultant shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement. C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written Notice to Proceed. t' D. Violation of this Paragraph 5 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result in ineligibility for further work for City. Suspension and Termination of Agreement A. This Agreement may be terminated by the City at any time upon the default of the Consultant or upon public convenience, in which event all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. Consultant shall not be entitled to any reallocation of cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further 2of6 payments under the Agreement until all work called for has been filly performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained by the City by reason of such default. B. The City may suspend this Agreement, at its sole discretion, upon one week's advance notice to Consultant. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends 8. Standard of Care Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by Consultant under this agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 9. Ownership of Work Product All data materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of City, shall be forwarded to City at its request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph �6 above, all finished or unfinished documents, reports, or other material or work of Consultant pursuant to this Agreement shall be submitted to City. City agrees that if it uses products prepared by Consultant for purposes other than those intended in this Agreement, it does so at its sole risk and it agrees to hold Consultant harmless therefore. 10. Indemnifrcation/FIold Harmless Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant, its agents, employees, or sub consultants in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. This indemnification and hold harmless shall apply regardless of whether the claim is brought pursuant to the Worker's Compensation Act, RCW Title 51, or otherwise, and the Consultant waives any immunity whatsoever with respect to such indemnification, 11. 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, or employees. 3of6 A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liabilitv insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence,$2,000,000 general aggregate. 3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: I. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage 4 of 6 Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 12. Assigning or Subcontracting Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13, Independent Contractor Consultant is and shall be at all times during the term of this Agreement an independent contractor. 14. Notice Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Lary Coppola Douglas C. Dow, L.HG. Mayor Robinson Noble, Saltbush, hie. 216 Prospect Street 3011 S. Hudson Street, Suite A Port Orchard, WA 98366 Tacoma, WA 98409 Phone: 360.876.4407 Phone:253.475.7711 Fax: 360.895.9029 Fax: 253.472.5846 15. Disputes Any action for claims arising out of or relating to this Agreement shall be governed by the laws of the State of Washington. Venue shall be in Kitsap County Superior Court. 16. Attorneys Fees In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorney's fees from the other party. 17. Extent of Agreement(Modification This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties hereto and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended, modified or added to only by written instrument properly signed by both parties. 5 of 6 CITY OF PORT ORCHARD, WASi.1,. 1111.1 BE Date: CONSULTANT By: 5—, wZ_- Name: G 73eciccr-- Title: / r-e st dee" f Date: S- 5-'0 `/ Attest: By: Patricia J. Kirk at ick, MC City Clerk 6of6 Professional Position ROBINSON NOBLESACrausH INC..,,�k�,.,„- GROLINn\VATER & EN VIRONMENTAL SCIENTrSTS General Fee Schedule April 1, 2009 Duties Principal Hydrogeologistl Service requiring the scientific expertise of Environmental Scientist company principals. Includes top-level project review and control, client liaison, and hydrogeologic analysis. Senior Associate Senior Associate -level project management, client liaison, field services, project analysis, and report writing. Associate Hydrogeologistl Associate -level project management, client Environmental Scientist liaison, field services, project analysis, and report writing. Senior Hydrogeologistl Environmental Scientist Project Hydrogeologistl Environmental Scientist Draftspe rs onfrech n ici an Senior -level project management, client liaison, field services, data interpretation and analysis, and report writing. Field services; data collection, reduction, interpretation and analysis; and report writing. Technical illustrationlCADD, production layout, technical aide. Fee Per Hour $108 - $170 $108 -$150 $108-$128 $96 - $128 $96 - $108 $75 - $86 WWI .I„Q r ypicai Fee Category Duties Per Hour Legal Support/Testimony Expert witness services. 150% of above rates Administrative Services Contracts, technical specifications, administrative tasks, grammatical editing. $65 - $75 Typist/Clerical Support Word processing, report preparation or reproduction, general office tasks $60 - $65 Subcontracts/Management Professional Services Negotiated Fee Outside Laboratory Services 15% Construction Subcontracts 15% Other Costs Travel (Auto) $0.62/mile Travel (Other) Cost + 5% Per Diem Prevailing State rates +5% Other Direct Expenses Cost + 5% Equipment Rental See following pages This fee schedule is subject to change according to contract or Professional Services Agreement Hydrogeologic Equipment Rental Schedule April 1, 2009 Equipment Unit Rate Water Level Transducer First five days $80 and Data Logger Each day thereafter $27.50 Field Laptop Computer Per day $30 Electric Water Level Sounder(s) 0 to 300 it Flat fee per project $30 over 300 it Flat fee per project $60 DC Submersible Purge Pump Per pump $80 Double -Ring Infiltrometer Per day $50 Schonstedt Gradient Magnetometer Per day $75 Geonlcs EM-61 Metal Detector Per day $500 DownholeGammalResistivitylTemperature Logging Equipment (includes Draw Works) per day $1,100 Downhole Analog Caliper Logging Equipment Per well $100 Draw Works Per well $525 Mechanical Sieve Sample Equipment Flat fee per well $50 2-Inch Gasoline -powered Centrifugal Pump Perda y $55 (includes hoses) 2-inch Submersible Pump + Controller Per day $180 Generator Perday $70 Survey Gear (laser level & rod) Per day $85 FlowTracker Acoustic Doppler Velocimeter Stream Gaging Equipment Per day $200 GPS Per day $22.50 Other Equipment Negotiated Negotiated This fee schedule is subject to change according to contract or Professional Services Apreemenl .UIIURIUIIJ. Robinson, Noble & Saltbush, Inc. Page 2 of 3 Environmental Equipment Rental and Consumable Schedule Water level transducer and data logger Field Laptop Computer Electronic Water Level Sounder Electronic Interface Probe DC Submersible Purge Pump DC -operated Peristaltic Pump 2-inch Gasoline -powered Centrifugal Pump 2-inch Submersible Pump + Controller Generator Low -Flow Bladder Pump Photoionization Detector Combustible Gas Indicator Water Quality Meter Teflon Water Bailer Soil Sampling Equipment (manual) Soil Sampling Equipment (power) Mechanical Sieve Sample Equipment Survey Gear (laser level & rod) Soil Vapor Extraction System Atmospheric Condition Monitoring Unit Other Equipment Polyethylene Purge/Sampling Tubing Silicone Peristaltic Pump Head Tubing Bladders for Low -Flow Bladder Pump Water Sample Bailer Bailer Rope/String Personal Protection Equipment This fee schedule is subject to change according Robinson, Noble & Saltbush, Inc. Perday Perday Perday Perday Per pump Perday Perday Perday Perday Perday Perday Perday Perday Perday Perday Perday Flat fee per project Perday Per Month Perday Negotiated Each 10 feet Each foot Each Each Each 10feet Per day per person ntract or Profession $100 $50 $30 $75 $80 first pump, $40 each additional pump $40 $100 $350 $60 $175 $75 $65 $200 $30 $25 $40 $25 $80 $750 $50 Negotiated $2.50 $4.00 First 3 Free - $5.00 each additional bladder $10 $1.00 $50 Page 3of3 March 19, 2009 EXHIBIT A Mark R. Dorsey, P.E. City Engineer/Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ROBINSON NOBLESAI:1'6USH t AI1"Bh�,ti�� GROUNDWATER& ENVIRONMENTAL SCIENTISTS Subject: McCormick Woods Well 5 Hydrogeologic Services Proposal Dear Mark: We understand the City of Port Orchard (City) would like a proposal to construct a new production well (Well 5) at the McCormick Woods well field site. Robinson, Noble & Saltbush, Inc. is pleased to provide this proposal to the City for hydrogeologic services for the design, construction, and testing of Well 5. As you know, the Washington State Department of Ecology's (Ecology) requirements for the City's Well 10 water right required construction of Wells 46 and 5 into the deeper, below sea level aquifer. Robinson, Noble & Saltbush provided hydrogeologic services for the deepening of McCormick Woods Well 4 to a depth of 700 feet and the completion and testing of Well 4B, which is about 4,500 feet southwest of the well field and the proposed site of Well 5. Well 46 produced an average of 460 gpm during a 24-hour test. Water quality test results showed all parameters tested meet drinking water standards. Well 5 The water right for McCormick Wells 1, 2, and 3 (G1-24437P) is for 600 gpm and 450 afy. The new water right for Well 5 is for 150 gpm and 242 afy. Ecology requires that Well 5 be drilled into a below -sea -level aquifer and Wells 1, 2, and 3 be decommissioned after Well 5 is operational. With the successful completion of Well 413, Robinson, Noble & Saltbush is confident that Well 5 will be capable of producing the combined water right amount of 750 gpm and 692 afy. We propose drilling a 700-foot deep well into the below -sea -level aquifer. The well will be drilled using cable -tool methods, which provides us with the best hydrogeologic information and representative aquifer sand samples for the most accurate well screen design. It is very important that a seal be established between the Wells 1, 2, and 3 aquifer and the deeper below -sea -level aquifer. Therefore, we propose drilling with 20-inch casing to a depth of at least 300 feet into the aquitard below the upper aquifer and then reducing to 16-inch casing to drill to 700 feet. However, because we cannot be sure the 16-inch casing will be able to fully penetrate to that 3011 South Fluson Street, Suite A Tacoma, Washington 98409 • (253) 475-7711 • Fax: (253) 472-5846 c-mail: mail@robi nson-noble.coill McCormick Well 5 Proposal March 19, 2009 Page 2 depth, we are including a reduction to 12-inch casing in the bid proposal. Our engineer's estimate for McCormick Well 5 is detailed on the enclosed sample bid form and is estimated at $273,260. Scope of Work Robinson, Noble & Saltbush hydrogeologists will provide professional services as detailed in the following scope of work. Task 1: Project Administration Robinson, Noble & Saltbush will provide project administration and technical specifications for the production well. We will meet with the City when requested and provide periodic verbal progress reports to the City Engineer. We will review the selected drilling Contractor's invoices for accuracy before they are forwarded to the City. Task 2: Observe Well Construction A qualified hydrogeologist will observe well construction and keep the City informed of the Contractor's progress. Proper design and complete development are the keys to a successful well. Our hydrogeologist will be on site during critical phases of construction, completion, and development. Task 3: Provide Well Screen Design Our hydrogeologist will collect aquifer sand samples and perform sieve analysis of the samples in our laboratory. We will prepare a screen design for review and approval by the City before completion materials are purchased and installed by the drilling contractor. Task 4: Conduct 24-hour Pumping Test We will install automatic water level sensing devices in the pumping well prior to conducting a 24-hour well test. We will also monitor Well 4B during the test to determine interference impacts, if any. The automatic data will be backed up by manual measurements at appropriate intervals. At the end of the 24-hour test, we will collect the required water quality samples for transport to your contract laboratory. Task S: Prepare Report Robinson, Noble & Saltbush's report will include all information and analysis required by the Washington State Departments of Ecology and Health for a new groundwater source. The report will include a location map, lithologic and geophysical (if completed) logs, well completion details, and graphic analysis of the well test along with all test data. We will provide a preliminary wellhead protection area delineation graphic and susceptibility assessment survey form. We will also provide recommendations for well yield, pump placement, and operation. Service Agreement Robinson, Noble & Saltbush typically works on a time -and -expense basis according to the attached General Fee Schedule. This estimate will remain valid for 180 days from the date of this scope. We are strictly a consulting -service business and will not provide any materials for this project. McCormick Well 5 Proposal March 19, 2009 Page 3 Based on our understanding of the project and the conditions outlined in this scope, we estimate the cost of our services to provide the services detailed herein, will be an estimated cost of $53,000. As a cost -savings measure for our clients, each Robinson, Noble & Saltbush employee charges their time on a project according to the level of expertise required for a given task (i.e., employees may have than one billing rate). This allows us to make use of our more experienced staff without unduly impacting project costs, but also means that our clients only pay for the level of expertise applied. This estimate does not include cost for any extra insurance, business licenses or fees, or applicable local taxes that might be necessary to complete the project. We will request that these additional costs be added to the above total estimate when they become known to us. Rental costs for our standard field equipment and any specialized equipment as detailed in this scope are included in the above estimate. Should additional equipment be deemed necessary or warranted in order to properly complete the project, we will submit a change in scope request with estimated costs based on the equipment rental schedule included in the General Fee Schedule. The costs for project activities will be tracked closely and any foreseeable changes to the project cost will be discussed with the City at the earliest opportunity. We understand that we will be contracted under the City's own Professional Services Agreement. Upon our receipt and acceptance of the signed agreement, we will commence work on the project. We hope this scope of work and cost estimate is adequate for your needs. Please contact us if we can provide additional information or modify the scope of work to better assist you. If at any time prior to or during this project the City identifies a concern or problem with our work or progress that cannot be resolved by the assigned Robinson, Noble & Saltbush project manager, please contact Joseph Becker, our company President, and he will make every effort to resolve the issue to your satisfaction. We look forward to continuing to provide hydrogeologic services to the City. Sincerely, Robe' " Noble &Saltbush, Inc,�1 Douglas C. Dow, LHG Senior Associate Hydrogeologist/Project Manager attachment March 19, 2009 EXHIBIT A Mark R. Dorsey, P.E. .City Engineer/Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ROBINSON atizOLSAUSH NCNBE.t..u.edun GROUNDWATER & ENVIRONMENTAL SCIENTISTS Subject: City of Port Orchard Well 11 Hydrogeologic Services Proposal Dear Mark: We understand the City of Port Orchard (City) would like a proposal to construct a new production well (Well 11) at the McCormick Woods well field site. Robinson, Noble & Saltbush, Inc. is pleased to provide this proposal to the City for hydrogeologic services for the design, construction, and testing of Well 11. As you know, the Washington State Department of Ecology's (Ecology) requirements for the City's Well 10 water right required construction of Wells 46 and 5 (Well 11) into the deeper, below sea level aquifer. Robinson, Noble & Saltbush provided hydrogeologic services for the deepening of McCormick Woods Well 4 to a depth of 700 feet and the completion and testing of Well 413, which is about 4,500 feet southwest of the well field and the proposed site of Well 11. Well 4B produced an average of 460 gpm during a 24-hour test. Water quality test results showed all parameters tested meet drinking water standards. Well 11 The water right for McCormick Wells 1, 2, and 3 (G1-24437P) is for 600 gpm and 450 afy. The new water right for Well 11 is for 150 gpm and 242 afy. Ecology requires that Well 11 be drilled into a below -sea -level aquifer and Wells 1, 2, and 3 be decommissioned after Well 11 is operational. With the successful completion of Well 4B, Robinson, Noble & Saltbush is confident that Well 11 will be capable of producing the combined water right amount of 750 gpm and 692 afy. We propose drilling a 700-foot deep well into the below -sea -level aquifer. The well will be drilled using cable -tool methods, which provides us with the best hydrogeologic information and representative aquifer sand samples for the most accurate well screen design. It is very important that a seal be established between the Wells 1, 2, and 3 aquifer and the deeper below -sea -level aquifer. Therefore, we propose drilling with 20-inch casing to a depth of at least 300 feet into the aquitard below the upper aquifer and then reducing to 16-inch casing to drill to 700 feet. However, because we cannot be sure the 16-inch casing will be able to fully penetrate to that 3011 South Huson Street, Suite A Tacoma, Washington 98409 • (253) 475-7711 • Fax: (253) 472-5846 e-mail: ntailCarobinson-noble.com City of Port Orchard Well 11 Proposal March 19, 2009 Page 2 depth, we are including a reduction to 12-inch casing in the bid proposal. Our engineer's estimate for City of Port Orchard Well 11 is detailed on the enclosed sample bid form and is estimated at $273,260. Scope of Work Robinson, Noble & Saltbush hydrogeologists will provide professional services as detailed in the following scope of work. Task t: Project Administration Robinson, Noble & Saltbush will provide project administration and technical specifications for the production well. We will meet with the City when requested and provide periodic verbal progress reports to the City Engineer. We will review the selected drilling Contractor's invoices for accuracy before they are forwarded to the City. Task 2: Observe Well Construction A qualified hydrogeologist will observe well construction and keep the City informed of the Contractor's progress. Proper design and complete development are the keys to a successful well. Our hydrogeologist will be on site during critical phases of construction, completion, and development. Task 3: Provide Well Screen Design Our hydrogeologist will collect aquifer sand samples and perform sieve analysis of the samples in our laboratory. We will prepare a screen design for review and approval by the City before completion materials are purchased and installed by the drilling contractor. Task 4: Conduct 24-hour Pumping Test We will install automatic water level sensing devices in the pumping well prior to conducting a 24-hour well test. We will also monitor Well 4B during the test to determine interference impacts, if any. The automatic data will be backed up by manual measurements at appropriate intervals. At the end of the 24-hour test, we will collect the required water quality samples for transport to Your contract laboratory. Task S: Prepare Report Robinson, Noble & Saltbush's report will include all information and analysis required by the Washington State Departments of Ecology and Health for a new groundwater source. The report will include a location map, lithologic and geophysical (if completed) logs, well completion details, and graphic analysis of the well test along with all test data. We will provide a preliminary wellhead protection area delineation graphic and susceptibility assessment survey form. We will also provide recommendations for well yield, pump placement, and operation. Service Agreement Robinson, Noble & Saltbush typically works on a time -and -expense basis according to the attached General Fee Schedule. This estimate will remain valid for 180 days from the date of this scope. We are strictly a consulting -service business and will not provide any materials for this project. City of Port Orchard Well 11 Proposal March 19, 2009 Page 3 Based on our understanding of the project and the conditions outlined in this scope, we estimate the cost of our services to provide the services detailed herein, will be an estimated cost of $53,000. As a cost -savings measure for our clients, each Robinson, Noble & Saltbush employee charges their time on a project according to the level of expertise required for a given task (i.e., employees may have than one billing rate). This allows us to make use of our more experienced staff without unduly impacting project costs, but also means that our clients only pay for the level of expertise applied. This estimate does not include cost for any extra insurance, business licenses or fees, or applicable local taxes that might be necessary to complete the project. We will request that these additional costs be added to the above total estimate when they become known to us. Rental costs for our standard field equipment and any specialized equipment as detailed in this scope are included in the above estimate. Should additional equipment be deemed necessary or warranted in order to properly complete the project, we will submit a change in scope request with estimated costs based on the equipment rental schedule included in the General Fee Schedule. The costs for project activities will be tracked closely and any foreseeable changes to the project cost will be discussed with the City at the earliest opportunity. We understand that we will be contracted under the City's own Professional Services Agreement. Upon our receipt and acceptance of the signed agreement, we will commence work on the project. We hope this scope of work and cost estimate is adequate for your needs. Please contact us if we can provide additional information or modify the scope of work to better assist you. If at any time prior to or during this project the City identifies a concern or problem with our work or progress that cannot be resolved by the assigned Robinson, Noble & Saltbush project manager, please contact Joseph Becker, our company President, and he will make every effort to resolve the issue to your satisfaction. We look forward to continuing to provide hydrogeologic services to the City. Sincerely, Robi Noble & Saltbush, Ins � /per`-�J, c e" Douglas C. Dow, LHG Senior Associate Hydrogeologist/Project Manager attachment Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 035-09 Public Works Director Public Works Director Public Works Director April 14, 2009 April 14, 2009 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT WITH ROBINSON NOBLE SALTBUSH, INC. FOR WELL NO. ii HYDROGEOLOGIC SERVICES WHEREAS, on March 5, 2009, the Utility Committee interviewed two (2) firms selected from the 2009 Public Works Professional Services Roster and unanimously selected Robinson Noble Saltbush, Inc. for the Hydrogeoligic Services needed for Well No. ii; and WHEREAS, on March 19, 2009, the City of Port Orchard Public Works Department met with Robinson Noble Saltbush, Inc. to define the scope of services; and WHEREAS, Robinson Noble Saltbush, Inc. submitted an email bid in an amount not to exceed $53,000; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council authorizes the Mayor to execute a contract, incorporated herein by reference as Exhibit A, with Robinson Noble Saltbush, Inc. in an amount not to exceed $53,000 for Well No. ii Hydrogeologic Services. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this i4th day of April 2009. EST: Patricia J. Ki kj' )africk, City Clerk City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Item 4F Meeting Date: February 23, 2010 Subject: Adoption of Resolution No. 013-10, Prepared by: Mark R. Dorsey, P.E. Authorizing the Mayor to Execute Change Order No. 2 with Pacific Air Control. Inc. for HVAC Maintenance Public Works Director Atty Routing No: NA Atty Review Date: NA Surnmarv: Staff has been working with Pacific Air Control, Inc. on extending the current Contract expiration date from December 31, 2009 to December 31, 2010. When Pacific Air Control, Inc. was initially awarded the HVAC Maintenance Contract, the City's HVAC system(s) were in poor condition due to neglect and lack of understanding of the system(s). Pacific Air Control, Inc. has worked hard to bring the system(s) into workable condition. Staff recommends that Pacific Air Control, Inc. be allowed to continue providing HVAC maintenance. Pacific Air Control, Inc. has agreed to extend the contract expiration date as noted above. Change Order No. 2 and all terms and conditions set forth in the original contract dated January 1, 2oo9 between the parties, shall remain in full force and effect until the expiration date of December 31, 2010. Recommendation: Staff recommends the Council adopt Resolution No. 013-10, thereby authorizing the Mayor to execute Change Order No. 2 with Pacific Air Control, Inc. and extending the contract expiration date from December 31, 2009 to December 31, 2010. Motion for consideration: I move to adopt Resolution No. 013-10, thereby authorizing the Mayor to execute Change Order No. 2 with Pacific Air Control, Inc., Contract No. C007-o9, extending the contract expiration dates from December 31, 2009 to December 31, 2010 for the 2010 HVAC Maintenance Program. Fiscal Impact: Budgeted Item in 2010 (no change in contract price from 2009) Alternatives: Not approve the contract expiration date and provide further direction to staff. Attachments: Resolution No. 013-10 Change Order No. 2 Contract No. 0007-09 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 013-10 Public Works Director Public Works Director Public Works Director February 23, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 2 WITH PACIFIC AIR CONTROL, INC. FOR 2oio HVAC MAINTENANCE WHEREAS, on January 1, 2009, the City of Port Orchard contracted with Pacific Air Control, Inc. for the 20o9 routine maintenance of the City's heating, ventilation, and air conditioning system(s) at City Hall, 216 Prospect Street and the City Library Building at 87 Sidney; and WHEREAS, since Pacific Air Control, Inc. has worked hard to bring the City's HVAC systems into working order, staff has worked with Pacific Air Control, Inc. to extend the contract expiration date from December 31, 2009 to December 31, 2010; and WHEREAS, Pacific Air Control, Inc. has agreed to extend the current contract expiration date from December 31, 2009 to December 31, 2010 under the terms and conditions set forth in the original contract; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor to execute Change Order No. 2 with Pacific Air Control, Inc., Contract No. C007-09, attached hereto and incorporated herein as Exhibit A, thereby extending the contract expiration date from December 31, 2009 to December 31, 2010 for the 2oio HVAC Maintenance Program. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Authorization for Change Order #2 Date: February23, 2010 HVAC Maintenance Project: Program Contract / Job # C007-09 Contractor: Pacific Air Control, Inc. 11812 Northcreek Pkwv N Ste 104 Bothell, WA 98011 Brief Description of Change Order work (Documentation to be attached): Additional contract time only with contract time extension from December 31, 2009 to December 31, 2010. Original Contract $7,600,00 30-Dec-08 Council Change Order 1 $9,457,80 23-Jun-091 Council Chanae Order 2 $0.00 23-Feb-10 Council Total I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: P o erector/Cit ngine Change Orders over $1,000 up to $15,000 are to be approved by the Mayor. Approved: Mayor Attest: Change Orders over $15,000 (per project) require Council action. City Clerk Council Approval Date Page 1 of 1 CITY OF PORT ORCHARD CONTRACT C007-09 This contract is made and entered into this 30th day of December 2008, by and between the City of Port Orchard, Washington, a municipal corporation (the "City), and Pacific Air Control, Inc.(the "Contractor"). WHEREAS, the City sent out a Request for Proposals for the following public work: Routine maintenance and service calls for the heating, ventilation, and air conditioning system(s) at City Hall, 216 Prospect Street and the City Library Building at 87 Sidney Ave. WHEREAS, the Contractor has been deemed to be the lowest responsible bidder: and NOW, THEREFORE, the parties agree as follows: 1. The following documents are hereby made a part of this contract and are mutually cooperative therewith. This contract and the following documents are collectively referred to as the "Contract Documents:" A. Bid proposal submitted by the Contractor (dated 10/31 /2008) B. Preventive Maintenance Requirements, Maintenance Schedule for City Hall, Schedule A Equipment Inventory, Schedule B Filter Inventory, C. City of Port Orchard's Insurance Requirements and Public Works Project Terms and Conditions 2. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Contract Documents, except those items mentioned therein to be furnished by the City. 3. Subject to additions and deductions by change order, the contract amount of $7,600.00 (sales tax included) for a one-year service period with the contract term beginning January 1, 2009, The contract sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this contract. 4. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Contract Documents. 5. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. 6. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 7. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Lary CONTRACTOR JAES 41rkp (aO(P) (p `d a, Qo 3 a3 Pit (aa) 3�D Z27D FPX II �G® P CAC I l 1 C.Q I ✓' LDY�h O l . COYk. Patriciack, City Clerk 1 0 APPROVED AS TO FORM: *aobyty Gregory torney CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS 1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. 3. LICENSING AND REGISTRATION: The Contractor must be licensed and registered in the State of Washington. 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the,processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39,12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form which will be recognized by the City as an award. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 13. INDEMNIFICATION: All services to be rendered or performed under contract will be rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to indemnify and hold harmless the City and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with the express or implied obligations of the Contractor, its agents or employees under this contract to the fullest extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related expenses. The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify City applies regardless of any provisions in RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and Contractor hereby waives any such immunity for the purpose of this duty to indemnify Owner. 14. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the contract documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. 15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 17. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the contract. City may withhold payment for such work until work meets the requirements of the Contract. CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $1,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. i L2 Introduced by: Public Works Director Requested by: Public Works Director Drafted by: Public Works Director Introduced: June 23, 2oo9 Adopted: June 23, 2oo9 RESOLUTION NO. o64-09 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. i WITH PACIFIC AIR CONTROL, INC. WHEREAS, on December 30, 2008, the City of Port Orchard entered into a Contract with Pacific Air Control, Inc. regarding the 20o9 HVAC Maintenance Program; WHEREAS, during routine maintenance it was discovered that numerous HVAC system components were either missing or inoperative, at both City Hall and the Library; WHEREAS, on May 12, 2009, the City Council adopted Resolution No. 012-09, thereby amending the 2oo9 Budget, which included additional HVAC Maintenance funding; and WHEREAS, the total contract amount needs to be amended from $7,600 to $17,057.8o for associated cost necessary to make HVAC system repairs; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council agrees to amend the contract between the City of Port Orchard and Pacific Air Control, Inc, by increasing the contract amount from $7,600 to $17,057.8o; and FURTHER THAT: The Mayor is authorized to execute Change Order No. 1 (Exhibit A) with Pacific Air Control, Inc. for the 2009 HVAC Maintenance Program. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of Jype 2009. Lary A EST: G atricia J. Yii Oatr0k, CMC, City Clerk 5 / y /0 • (to 6/5/2009 11:45 AM Authorization for Change Order #1 Date: June 23, 2009 Contractor: Pacific Air Control, Inc. Project: 2009 HVAC Maintenance Contract / Job # C007-09 Brief Description of Change Order work (Documentation to be attached): Additional cost associated with the repair of missing and/or inoperative system components and the addition of (3) Library units previously omitted from the maintenance contract. Original Contract $7,600.00 30-Dec-08 Council Change Order 1 $9,457.80 23-Jun-09 Council Change Order 2 Change Order 3 Change Order 4 Change Order 5 Change Order 6 Change Order 7 Total Contract $17,057.80 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Submitted by: Title: Pkblic Works Director/City d't�ieer Change Orders over $1,000 up to $15,000 are to be approved by the Mayor, Approved: Attest: Change Orders over $15,000 (per project) require Council action, Ula2)lb9 Council Page 1 of 1 Common/CITY OF PORT ORCHARD change order pacific air control, inc, Air Conditioning, Heating, Controls, Sales, Service, insrerlation February 3, 2009 City of Port Orchard Attn: Jay Cookson 216 Prospect Street Port Orchard, WA 98366 Re: City of Port Orchard Library Dear Jay, While performing the first inspection, out technician noted the following: CUI s/n 5A5F serving the West side of the building Thwpipe insulation on this condensing unit is gone. This insulation is critical for proper cooling operations and in maintaining the proper temperature splits at the indoor coil. We highly recommend installing. the pipe insulation and supporting the piping properly. Cost of the above: $400.00 plus tax Cti2 stn JPSF serving the West side of the building The. pipe insulation on this condensing unit is gone: This insulation is critical for proper eooiiiig operations and in maintaining the proper temperature splits at the indoor poit. Ww? highly reeominend installing the pipe insu[ation and supporting the piping properly: Cost of the above: $46Q:Og:plus tax Once the above work has: been completed, the units will be tested for proper operation. if further repairs are heeessary, we will contact you. Tftank,you for questioris re ja. work; please fe A Cc; :Bert GM* Price quoted is Ip ttli$ plvpeset:ttif P.M,, l#209003 dpnirat:tors Luierr 11SIi5Lshared filesSPi )ppri tunny to work with you on.,this project. If you have ,eriy: this deport if you would like to schedule the above-menttoti v a catl. N'at&y 9[atksen 2 Date Customer service Representi3 ,' '- > Patricia J, Kirkpatrick,"City-:Clerk er46 Manager �4Uo2_ for . days, suming that this is not a prevailing wage job put5uanito ROW 3912. ,dFAC230PS tservice ProposalsV jty of port orchard ubrary120B0 cui, cU2 pipe insulawn.dec 118123Sorth Creek Parkway MiSuite 104, Bothell, WA 98011 Plc t?U6) 683-6393 Fnw t206j 340-2270 lilt 1 Yes 3 I i H y. �. �'N ✓' �G' tV�' Iffpacific air control, inc. 11812 Northereek Parkway North, Suite 104 Bothell, WA (206)fi82-6393, (4 (425)883-3348 tax: (206)340-2270 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Attention: Mark Dorsey Subject: Maintenance Service and Repair Agreement Dear Mark: June 1,2009 Please include the following HVAC addenda to the current contract for the City of Port Orchard. Buildings include City Hall and the Library: Current HVAC Maintenance and Service Agreement Addendum for City of Port Orchard Library Add (3) units to HVAC Quarterly Maintenance See Addendum #2009-1 attached HVAC Repairs for Library & City Hall See Repair Proposals attached Total Revised Agreement with the City of Port Orchard Approved by: ATTEST $ 6,998.00 $ 426.00 $ 8,283.00 $15,707.00 Was tax Accom3kteplZsentative Kelly Chase Enclosures MAINTENANCE AND SERVICE AGREEMENT Contract # A-1920 Site 2 ADDENDUM # 2009-1 Addendum - for MAINTENANCE AND SERVICE AGREEMENT: BILLING ADDRESS City of Port Orchard 216 Prospect St Port Orchard, Wa 98366 EQUIPMENT LOCATION City of Port Orchard Library 87 Sidney Ave Port Orchard, Wa 98366 This addendum to the original maintenance agreement is to add service to the following equipment as described below. GP Tune YCC048F1HGBE GasMectric J42160636 Roof 3-10x25x1 EF Greenheck CBE104 EF Roof (1) belt EF Greenheck CBE104 EF Roof (4) belt This addendum is to add these units to the quarterly maintenance and filter change. Total Addendum price per year: 4$ 26.00 + tax Payable at: $106.50 + tax, per quarter Revised total annual agreement price: 7$ ,424.00+ tax Payable at: 1 856.00+ tax, per quarter City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Item Subject: Adoption of Resolution No. 014-10, Ratifying the Mayor's Signature for Professional Services Contract with Meeting Date: February 23, 2010 Prepared by: Allan J. Martin Atty Routing No: Teresa D. Johnson CPA, Inc. for Atty Review Date: Specialized Accounting Treasurer NA NA Summary: Since 2004 the City has annually contracted with Teresa D. Johnson CPA, Inc. for technical assistance in the preparation of its Annual Financial Report. The City benefits from having a knowledgeable expert with broad experience who works with numerous municipalities. This benefit is reflected over the years with clean state audits where no reporting corrections were required. Washington State municipalities are required to follow the State Auditor's prescribed account and reporting model. In addition, financial reports adhere to generally accepted accounting principles (GAAP), and Governmental Accounting Standards Board (GASB) criteria. Such standards' establishes governmental accounting and financial reporting that results in useful information for users of financial reports and guide and educate the public. Although Treasurer Staff has gained its own knowledge of reporting requirements and financial report preparation, Teresa provides an experts "second opinion" and final review. Each year the City has required less outside technical assistance. From time -to -time during the year Treasurer Staff seeks Teresa's advice when reporting or accounting questions arise. She has always responded promptly and her advice correct. Recommendation: The Mayor has authority to sign professional service contracts under $15,000 with Council concurrence. Staff recommends adoption of Resolution No. 014-io, allowing the Mayor to execute a professional services contract with Teresa D. Johnson CPA, Inc. for specialized accounting services in an amount not to exceed $1,070. Motion for consideration: I move to adopt Resolution No. 014-10, ratifying the Mayor's signature on the Professional Services Contract No. CO28-10, with Teresa D. Johnson CPA, Inc. for specialized accounting in an amount not to exceed $1070. Fiscal Impact: Specialized accounting services were anticipated and included in the 2010 Budget. The cost of services will not exceed $1,070. Attachments: Resolution No. 014-10 Contract No. CO28-io Resume Introduced by: City Treasurer Requested by: City Treasurer Drafted by: City Treasurer Introduced: February 23, 2010 Adopted: RESOLUTION NO. 014-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, RATIFYING THE MAYOR'S SIGNATURE ON THE PROFESSIONAL SERVICES CONTRACT WITH TERESA D. JOHNSON CPA, INC. FOR SPECIALIZED ACCOUNTING WHEREAS, the City was required to convert its Financial Statements in accordance with the Governmental Accounting Standards Board (GASB) Pronouncement No. 34; and WHEREAS, the City needed a CPA that specialized in GASB No. 34 requirements; and WHEREAS, the City contracted in 2004 with Teresa D. Johnson CPA, Inc. to assist with the conversion of the City's 2003 Financial Statements for comparison purposes with the 2004 Financial Statements; and WHEREAS, the City has continued to contract with Teresa D. Johnson CPA, Inc. to be available as needed and to assist with the 2005, 2oo6, 2007, and 2oo8 Financial Statements; and WHEREAS, the City has budgeted for this technical assistance; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Mayor's signature is ratified on the professional services contract (No. CO28-1o, attached as Exhibit A and incorporated herein by reference) with Teresa D. Johnson CPA, Inc. for specialized accounting as needed for the 2009 Financial Statements in an amount not to exceed $1,070. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Ticill, I N C O R P O R A T E D Teresa D.Johnson CPA, Inc. City of Port Orchard Contract No. CO28-10 January 14, 2010 Lary Coppola, City Mayor City of Port Orchard 215 Prospect Street Port Orchard, Washington 98366 Dear Lary It is my pleasure to provide the City of Port Orchard with professional services. This engagement letter embodies the entire agreement regarding services to be rendered by my firm to your organization. This will confirm our understanding of the terms and objectives of our engagement and the nature and limitation of the services I will provide. Services will be performed in accordance with the Professional Standards promulgated by the American Institute of Certified Public Accountants. Services to be provided consist of the following: 1. I will provide you with technical assistance as you prepare the 2009 financial statements. I will be available on an "on -call" basis to answer staff questions as they prepare the 2009 financial statements. 2. Once the city staff has completed the financial statements, I will read the financial statements and complete a financial statement checklist on the 2009 financial statements. This will be completed no later than May 15, 2010. The performance of "other accounting services" is deemed to be "nonattest services" in professional standards. I will not compile, audit or review the City's financial statements. I am not an insurer or guarantor of the accuracy of the financial statements, which are your representations. This engagement does not include any procedures designed to discover errors, misrepresentations, fraud, illegal acts, or theft and you agree that I have no responsibility to do so. However, I will inform the appropriate level of management of any material errors that come to my attention and any fraud or illegal acts that come to my attention, unless they are clearly inconsequential. 360. 904.0972 5 0 3. 6 b 9. 0 2 5 5 T E R E SA06TDJ C PA. CO M 1 4 8 2 S W M e i e o r P I a c e trI T r u u I d a 1 e O r e g o n U3 9 7 0 6 0 City of Port Orchard Contract No. CO28-10 In addition, I will not perform the necessary procedures as required by the professional standards promulgated by the American Institute of Certified Public Accountants to maintain my independence in the performance of these services. You may request that I perform additional services not contemplated by this engagement letter. If this occurs, I will communicate with you regarding the scope and estimated cost of these additional services. Engagements for additional services may necessitate that I issue a separate engagement letter to reflect the obligations of both parties. In the absence of any other written communications from me documenting such additional services, my services will be governed by the terms of this engagement letter. My fees, which will be billed as work progresses, are based on the time required plus out- of-pocket expenses. My billing rate is $107/per hour. My estimate of services is 10 hours, not to exceed $1,070. I appreciate the opportunity to be of service to you. Please sign and return a copy of this letter to indicate that it is in accordance with your understanding of the terms of the engagement described above. If you have any questions, please feel free to contact me. Sincerely, Teresa D.Johnson Accepted by: Lary Coppola, City Mayor Date: ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk 360. 904.0972 5 0 3. 6 6 9. 0 2 i> TE RES A CO T DJ C P A. C OM 1 4 8 2 S W M e t e o r P I e c c vt T r o u t d a l e O r e g o n W 9 7 0 6 0 TERESA D. JOHNSON, CPA 1482 SW Meteor Place Troutdale, OR 97060 Cell: (360) 904-0972 SUMMARY: I have eighteen years of combined governmental accounting and auditing experience. This experience combined with my education and communication skills are a tremendous asset. My unique combination of experience, education, abilities, and creativity will serve as an enormous value to your organization. PROFESSIONAL EXPERIENCE: Teresa D Johnson CPA Accounting Firm — 11/98 to Present Financial statement and schedule compilation for local Washington governments Assistance with new GASB implementations, including 34 and 49 Accounting/bookkeeping for local governments (reconciliation of accounts, fixed asset capitalization, debt accounting, preparation of journal entries) Advising on application of general accepted accounting principles Assistance with implementation of new software programs, including analysis of accounting procedures to determine is procedures need to be revised to streamline accounting. Washington State Auditor's Office - 1993 to 11/98 Assistant State Auditor III Participation in a team which performs financial, compliance and federal audits of local governments Conduct entrance and exit conferences with client management Evaluate systems and communicate strengths and weaknesses of internal control structures to clients Analysis and evaluation of automated financial information systems City of Vancouver - 1991 to 1993 Accountant II Preparation of financial statements. Monthly and yearly closing of financial ledgers. Accounting for water sewer utilities. Special accounting projects Accountant Submitted financial reports to federal and state agencies. Accounting for grants and debt Physical Inventory of fixed assets. EDUCATION: Warner Pacific College: BS Business Administration with Accounting Emphasis (12/90) Teresa D Johnson, CPA LIST OF PROFESSIONAL REFERENCES Joan Durgin, Finance Director City of Camas, Washington (360) 834-2462 Marion Olmsted, Executive Director Kelso Housing Authority (360)423-3490 Maggie Smith, Director of Finance and Accounting Port of Vancouver (360)992-1112 Jasen McEathron, Audit Manager Washington State Auditor's Office (360) 260 6408, x 104 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Consent Item 4H Subject Adoption of Resolution No. 015-10, Accepting the Bid for a 2oio Ford Escape Police Vehicle Meeting Date: Februaly 23, 2010 Prepared by: Alan L. Townsend Atty Routing No: Atty Review Date: Chief of Police NA Summary: As part of the 2010 annual operating budget, the Police Department is able to purchase a police vehicle. After review of department needs, it was determined that vehicle would be a Ford Escape. The requirements for the vehicle were advertised for bid on January 29, 2010, with sealed bids due on February 9, 2010. On February 10, 2010, the City Clerk received a total of one (1) written bid. The bid was a qualified bid and was from Bay Ford of Port Orchard for a Ford Escape XLT 4 door, 4WD police vehicle in the amount not to exceed $23,000 which includes all sales tax and licensing and recording fees. The purchase price is within the amount budgeted. Recommendation: Accept the bid from Bay Ford of Port Orchard. It allows the sales tax to remain local and beats prices available through other state agency bids. Motion for consideration: I move to adopt Resolution No. 015-1o, accepting the Ford Escape police vehicle bid as submitted by Bay Ford of Port Orchard in an amount not to exceed $23,000, which includes all sales tax, licensing, and recording fees, with funds from the 2olo Police Department annual operating budget. Fiscal Impact: Budgeted item. Alternatives: None. Attachments: Resolution No. 015-10 Exhibit A — Bay Ford Bid Introduced by: Police Chief Requested by: Police Chief Drafted by: Police Chief Introduced: February 23, 2010 Adopted: RESOLUTION NO. oi5-10 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE BID FOR A 2010 FORD ESCAPE POLICE VEHICLE WHEREAS, The City of Port Orchard budgeted for the purchase of an administrative use police vehicle; and WHEREAS, the City of Port Orchard Police Department reviewed vehicle specifications based upon the needs of the department which led to the determination that the Ford Escape was the best suited vehicle for the department's specific use; and WHEREAS, the City of Port Orchard sought bids for a Ford Escape police vehicle on January 29, 201o, and bids were opened on February 10, 2010; and WHEREAS, the City received one qualified bid from Bay Ford of Port Orchard for a 2010 Ford Escape XLT 4 door 4WD police vehicle; and WHEREAS, the City Police Department finds the bid amount to be within the funding allocated in the 2010 City of Port Orchard Police Department operating budget; now, therefore, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City of Port Orchard accepts the Ford Escape police vehicle bid as submitted by Bay Ford of Port Orchard in an amount not to exceed $23,000, which includes all sales tax, licensing, and recording fees, with funds from the police department's 2010 operating budget. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Ci of Port Orchard Bid No. PD00'l-10 Ford Escape Police Vehicle BID SUBMITTAL SWEET Having carefully examined the Invitation to Bid for the Ford Escape Police Vehicle prepared by the City of Port Orchard, the undersigned proposes to sell the vehicle and related equipment described in the Invitation to Bid for the following amount: Base Bid: 201 OW11 Ford Escape Police Vehicle Wash. St. Sales Tax TOTAL o'J $ 20 3y $ $ Please attach a copy of the vehicles specifications and standard and optional equipment included in the bid. Vehicle Delivery Date (calendar days): &-)i-W C-S. List the number of consecutive calendar days it will take to deliver the vehicle. Do you certify that you are not on the Comptroller Generars list of ineligible contractors nor t e list of parties excluded from Federal procurement or nonprocurement programs? Yes No ❑ The undersigned hereby accepts the terms and conditions as set forth herein. This- must be -signed- and, dated- by the bidder- or- a- represeyeb ivz legally - authorized to bind the bidder. FULL LEGAL NAME OF BIDDER TYPE OF BUSINESS C (general) v [ (limited) ❑ ❑ ADDRESS: i'Z.\S CITY/STATE/ZIP: ?Oci oecLWD wA %3�� EMAIL ADDRESS: G6o)s�9-n[sTxre,- PHONE: b-)L'4vsq FAX: (3,(=� z14- 60o 4 NAME TITLE: SIGNE DATE: CITY OF PORT ORCHARD BUSINESS LICENSE NUMBER�CDC]Li2. UBI NUMBER_ M- ool SLf-2 Prepare Woo ay Ford Inc 1215 Bay St Part Ordlard. WA- 98366- Phone: (36D)509.171a Fax: (360) 974-8607 Email: rossw@bsyford.mm • VEHICLE REPORT 2010 Ford Escape M10 Ford E•aW U0D 4WD 4drxLT Cads Descdpuan NBRP U90 20I0FordEsrape 4WD 4drXLT $25,795.00 SELECTEDVEHICLE COLORS GQda DesadptioD - Interfor: Chercoai Black Exterfor 1: Black Exterfork No color has been selected. SELECTEDOPTIONS Code Description MBRP eeef> A 04 425 50 STATE EMISSIONS $0.00 JAI ae 99G 3.OL V6 FLEX FUEL ENGINE (REQ.- 425 50 State Emissions) $1,000.00 TI{W.W%SION 446 6-SPEED AUTOMATIC TRANSMISSION W10D(STD) $0.00 8WUIMQRDERCODE 201A 201A RAPID SPEC ORDER CODE -Inc., cargo area cover, mof rack w/cross bars, wet trunk $295.00 bin TIRE$ T63 P23570Ri6 ALL -SEASON OWL 77RES(STD) $0.00 mw UA BLACK $0.00 PAitiT QCNEME _ STANDARD PANT $0.00 $EJFf 1(R�M W9 CHARCOAL BLACK, PREMIUM ECO-FRIENDLY CLOTH BUCKET SEATS $0.00 ADDITIONAL EQUIPMENT Prepared By: Ross Wood fBay Ford Inc 1215. Bay St Pon Orchard, WA e63es PhPna; ($60)509.1718 Fax: (3450)6T4-8607 Email: rossw@bayford.com 2010 Ford Escape • VEHICLE REPORT 200 Fwd Escape nap 4WD Mr%LT Code Description Ms" 50C FRONTMAR ALL WEATHER FLOOR MATS $75.00 OPTIONS TOTAL $1,370.00 Prepared BY: Ross Wood Bay Ford Inc 1215 Bay St Port Orchard; WA98366- Phome: (360)508.1718 Fax: (360) 674-8607 Email: rossw@bayfor(l.eom • VEHICLE REPORT 2010 Ford Escape 201Q"Es0" Utb Owe 4ErXLT Yd@chanleel 2.61. 14 Durefec engine • 6-speed automatic transmission w/OD • 4-wheelddve • Battery saver feature • Electric pwi assisted steering(EPAS) • Front dischaer drum brakes • Mosinutwranch&Jack Elttedor ' P23WORf6allseason OWL tires • 16' aluminum wheels • Spans tire, mini space sever ' Root rack rails ' Body color fromVrear fascias Chrome grille w1lower body color Aulolamp headlamps Fog lamps Black exterior mirrors 4nc: integrated blind spot mirror *Late Availability ' Privacy glass • Variable intermittent windshield wipers • Rear2-speed wiper wAvashar Beck dcorhandfes Body colc litigate Entertainment A%FM stereo w/CD player -Ina MP3, Input jack, speed sensitive volume, (4) speakers SIRIUS satellite radio -fnc.., 6-month subscription 'NIA in AK or HI Prepared By: Ross Wood I Bay Ford Inc 1216 Bay St PorrOrctiard, WA 96366 Phone:. (360) 509-1718 Fax: (360).874-8607 Email: rossw@bayford.com 2010 Ford Escape *.VEHICLE REPORT M10 Fold Es.Ve use 4WD 4dr xLT r` r Interior • Premium eco-fdendly cloth hont bucket seats -mc.6-waypwrdnver seat ' 2nd row 60140 split bench seat-inc: lip-fold-flal latch • All -position heed restraints Black center stack Floor console -inc: storage bin, removable interior bin, (4) cup holders, ' FrontImar floor mats Leather -wrapped tilt steering wheel w/speed controls & audio controls ' Instrument cluster-inc. message center w/compass, outside temp display ' Ice blue illuminated gauge cluster Pwr windows w11-touch driver down Pwr locks • Remote keyless entry ' SecudCoda keyless entry keypad SecuriLock passive anti -theft system (PATS) • Manual air conditioning • Rear windowdeboster • Pwrpoints-inc: (1) 1st row, (1)2nd row Driver & front passenger side map pockets • Electrochromic rearview mirror w/microphone Overhead console ' Sunvisors w/dual illuminated mirrors ' Lighting -inc: center dome lamp, map lights, rear cargo area light Illuminated entry Chrome shift knob Prepared By: Ross Wood I Bay Ford Inc U15 09y 51 Pod 0rdlard; WA 98366 Phone: (360).509-1718 Fax: (360) 874-8607 Email: rossw@bayford.com • VEHICLE REPORT 2nd row coat hook 4-wheal anti -lock brakes 2010 Ford Escape 2010 Fa Escape U964WE) 4dr 11LT • AdvanceTmow/ivllstabilitycontmi(RSC) • Dual stage driver & front passengerairbags-Inc: front passenger oxupancy sensor • Side airbags Safety Canopy, • Personal Safety System • All-positton 3-point seat belts ' MyKey system -Inc- top speedtlmtter,eudibvolume NNW, early towruetwemfllgpm9rammablasoluI601ma3Beirmtde-r w/audio mute Rear outboard LATCH child seat anchors & tethers Child safety rear door locks ' The pressure monitoring system (TPMS) -4 Z, CITY OF PORT ORCHARD INVITATION TO BID NO. PD001-10 Ford Escape Police Vehicle Bids Due: Tuesday, February 9, 2010 at 2:00 p.m. Pacific Time General Information Notice is hereby given that written quotes will be received by the City of Port Orchard, City Clerk's Office, 216 Prospect Street, Port Orchard, WA 98366 for the purchase of: New 2010 or 2011 Ford Escape 3.0 Liter V6 4WD with the following equipment: - 3.0 liter 6 cylinder gas engine (240 UP) �^- 4 door, 5 passenger seating (cloth reclining buckets, front; folding split rear bench) v+ Full length hardtop, full headliner, carpeted Floor Covering ✓� Automatic overdrive transmission tr Air conditioning P235/70R16 all season steel belted radial tires (1) t Compact spare the & wheel, underbody mounted Power Brakes, 4 Wheel Antilock System Power Steering AM/FM Stereo w/CD & MP3 Four_Sets nfCoded Keys Remote Keyless Entry w/Two Key Fobs w/Integrated Keys Plus Two Separate Keys r Air'Rags, driven& -front patsenger,sideair-cushions w/ rollover sensor-& sidc:aiibags Dome, Map and Cargo Lights Electric rearwindow defroster c Auxiliary Power Points —s Dual power side view mirrors; black Intermittent Wipers F&R 4 All factory, standard equipment including: Cruise Control Electrouic Stability Control System Tire Pressure Monitoring System Power Door Locks; Windo}rs & Mirrors Trip, Temp, Tachometer Gauges Tilt9te¢ing Wheel Height Adjustable Front Seat Belts F&R9tabiliieBar Child Safety Rear Door Locks Washclwiper rear window 2.93:1 Final drive axle ratio as equipped 3 yr/3:6,990-mUcw=;mty,:Suptpa to Bumpa;:5yt/6"00 Mile Drivctrain XLT Package including: XLT trim Satellite Radio Front and 'Rear Carpaod'Fioor Mats Fog Lamps Roof Rack SideRails Privacy Glass Power Drivers Seat ✓ - Cargo Coaveuionce Croup inettuft! Cover RdofRack w&,Crossbams Hidden Storage - Rubber Floor Mad, Front and `Rear - 4 Wheel Drive Model, Intelligent Four Wheel Drive System Exterior Color. 14 ACIZ - Interior Color: STONE OR CHARCOAL All quotes must be received no later than 2:00 p.m., Tuesday, February 9, 2010 and must be clearly marked "Bid No. PDO01-10 for Ford Escape Police Vehicle due February 9; 2010." Questions regarding bidding procedures or requirements may be directed to Patricia Kirkpatrick, City Clerk; Phone (360) 876-4407. Fax (360) 895-9029. Fax quotes are acceptable by the deadline stated above at the Port Orchard City Cterk`s fax number (360) 895-9029. It is the bidder's responsibility to make sure that fax quotes are received by the deadline. Bidders who delay transmitting fax quotes unfit near the deadline risk that other fax traffic may delay their fax transmission until after the deadline. Quotes received after the deadline will not be considered. Only firm bids will be accepted and the City reserves the right to reject any or all bids or waive any irregularities and informalities in the bids submitted and accepted by the City. No bidder may withdraw his bid after the hour set for the opening thereof unless the award is delayed for a period exceeding 60 days. The City further reserves the right to make the bid award to the lowest and most responsible bidder as deemed in the best interests of the City. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 0 FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item 7A Meeting Date: February 23, 2010 Subject: Adoption of Resolution No. o16-1o, Prepared by: Mark R. Dorsey, P.E. Authorizing the Mayor to Execute Public Works Director Contract Amendment No. r with Waste Management of Washington, Atty Routing No: 017-10 Inc., dba Brem-Air Disposal Atty Review Date: February 16, 2010 Summary: Staff has been working with Waste Management of Washington, Inc. dba Brem-Air Disposal ("Waste Management") on extending the current July 1, 2005 thru June 30, 2010 Contract. In order for the City of Port Orchard to exercise its option to extend the current contract with all existing terms and conditions in place, written notice by the City to Waste Management was due by December 31, 20o9. Terry Bickel, Waste Management District Manager, agreed to grant a two (2) month extension to February 28, 2010 to allow the City additional time exercise their first contract extension option. The City is allowed two (2) extensions with the first being three (3) years and the second being two (2) years. Contract Amendment No. 1 proposes to extend the current Contract expiration date of June 30, 2010 to June 30, 2013, with all terms and conditions as set forth in the original Contract. Recommendation: Staff recommends that the Council adopt Resolution No. o16-1o, thereby authorizing the Mayor to execute Contract Amendment No. 1 with Waste Management of Washington, Inc. and extending the contract expiration date from June 30, 2010 to June 30, 2013. Motion for Consideration: I move to adopt Resolution No. o16-1o, authorizing the Mayor to execute Contract Amendment No. 1, with Waste Management of Washington, Inc. dba Brem-Air Disposal and extending the contract expiration date from June 30, 2010 to June 30, 2013. Fiscal Impact: None Alternatives: Not approve the proposed contract extension and commence contract negotiations with Waste Management Attachments: Resolution No. o16-10 Contract Amendment No. i Excerpts from 2005-2009 Contract Bickel Letter dated 12/28/2009 Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. o16-io Public Works Director Public Works Director Public Works Director February 23, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT AMENDMENT NO. i FOR WASTE DISPOSAL SERVICES WITH WASTE MANAGEMENT OF WASHINGTON, INC, dba BREM-AIR DISPOSAL WHEREAS, on July 1, 2005, the City of Port Orchard entered into a five (5) Contract with Waste Management of Washington, Inc. dba Brem-Air Disposal ("Waste Management') for the collection and disposal of garbage and recyclable materials as required for all residential and commercial customers; and WHEREAS, staff has worked with Waste Management of Washington, Inc. to extend the current Contract expiration date from June 30, 2010 to June 30, 2013; and WHEREAS, Waste Management of Washington, Inc. has agreed to extend the current contract expiration date to June 30, 2013 under the terms and conditions set forth in the original contract dated July 1, 2005 to June 30, 20io; and WHEREAS, the City of Port Orchard may, at its option, extend the agreement for up to two (2) extensions, the first being three (3) years and the second being (2) years, with proposed Amendment No. 1 being the first extension; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The Council authorizes the Mayor to execute Contract Amendment No. t, thereby extending the contract expiration date from June 30, 2010 to June 30, 2013, for the collection and disposal of garbage and recyclable materials as required for all residential and commercial customers with Waste Management of Washington, Inc. dba Brem-Air Disposal. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk CITY OF PORT ORCHARD CONTRACT AMENDMENT NO. 1 WASTE MANGEMENT OF WASHINGTON, INC. This Amendment No. 1 extends the July 1, 2005 to June 30, 2010 Contract between the City of Port Orchard and Waste Management of Washington, Inc. dba Brem-Air Disposal for three (3) years, being July 1, 2010 to June 30, 2013 with provisions as follows: 1. Spring and Fall scheduled cleanups will include now include Multi -Family Residential. 2. Except as noted above, all terms and conditions as set forth in the original Contract dated July 1, 2005 to June 30, 2010 between the City of Port Orchard and Waste Management of Washington, Inc. dba Brem-Air Disposal, shall remain in full force and effect. CITY OF PORT ORCHARD Lary Coppola, Mayor DATE: 216 Prospect Street Port Orchard, WA 98366 360.876.4407 ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk Waste Management of Washington, Inc. dba Brem-Air Disposal Terry Bickel, District Manger DATE: 9300 SW Barney White Road Port Orchard, WA 98367 -� ORIGINAJI PAGE N013 OF 30 PAGES ARTICLE I AGREEMENT, TERM 1.1 Agreement The city of Port Orchard (hereinafter referred to as "City"), hereby agrees that Waste Management of Washington Inc. dba Brem-Air Disposal (hereinafter referred to as "Contractor"), shall have the exclusive right to collect Garbage, Recyclable Material and Yard Debris within the city limits, to the extent allowed by law, including all work incidental thereto, upon the terms and conditions set forth below. 1.2 Term The term of this Contract is five years, starting July 1, 2005, and expiring June 30, 2010. The City may, at its option, extend the agreement for up to two extensions, the first extension will be for 3 years and the second extension is for 2 years. Any such extension shall be under the original terms and conditions' of this Contract. To exercise its option to extend this Contract, written notice shall be given by the City to the Contractor by December 31st of the year prior to the expiration of the Contract term or the expiration of a previous extension. 1.3 Mandatory Service Collection of Garbage within the City is mandatory for all Residential and Commercial customers. Collection of Recyclable Materials within the City is mandatory for all Residential and Multi -Family customers. ORIGINAL_} PAGE NO 3DOF 30PAGES 13.17 Dispute Resolution In order to have a administrative mechanism for promptly mediating customer complaints regarding billing for or the collection of garbage, recyclable materials, or yard debris, the City and the Contractor agree as follows: 1) the Contractor shall first make a good faith effort to resolve a customer's complaint; 2) in the event the customer is not satisfied with the Contractor's resolution, the complaint shall be forwarded to the Director of Public Works who shall resolve the complaint after discussing the matter with the customer and the Contractor; 3) in the event the customer or the Contractor is not satisfied with the decision of the Director of Public Works, either party may appeal the decision to the Mayor of Port Orchard, whose decision shall be final. This administrative process shall not foreclose either the City or the Contractor from pursuing their legal or equitable remedies in Kitsap Superior Court to enforce, construe or otherwise resolve a dispute between the City and the Contractor arising from any term or condition of this Contract. Dated this 2t City of Port Orchard day of r 2005. By: F ate,.^ . Kim Abel, Mayor Attest: By: City Clerk ent of Washington Inc. By. - Manager 24 �o e® FZE ')va oOF WASTE MANAGEMENT December 28.2009 Mark R. Dorsey Director, Public Works/City Engineer City of Port Orchard 216 Prospect Street Port Orchard. WA 98366 Dear Mr. Dorsev: Waste Management of Washington, dba Brem-Air Disposal is granting a two (2) month extension (Feb. 28`h 2010) to the City of Port Orchard to exercise its option to extend our current Contract. We look forward to neQotiatine the terms of our future nartnershin. Sincerely��� Terry Bickel District Manager City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Adoption of Resolution No. o17 -1o, Authorizing the Mayor to Execute Contract with Hemley's Septic Tank Cleaning, Inc. for McCormick Woods Annual Septic Tank Maintenance Meeting Date: February 23, 2010 Prepared by: Mark R. Dorsey, P.E. Public Works Director Atty Routing No: Atty Review Date: NA NA Summary: On January 20, 2010, the Public Works Department selected and sent out Requests for Proposal (RFP) to four (4) local contractors from the City's 2009 Small Works Roster for the McCormick Woods Annual Septic Tank Maintenance Program, whereby 98 selected septic tanks are to be pumped out and serviced in 2010. All four (4) RFP's (tax included) were received by the Public Works Department by 4:00 pm on February 3, 2010, as follows: Hemley's Septic Tank Cleaning, Inc. F1oHawks Plumbing & Septic Action Onsite Services, Inc. Kitsap Septic Pumping $23,414.16 $238.92/tank $24,990.00 $255.00/tank $25,465.00 $259.85/tank $28,203.42 $287.79/tank Upon review of the bids received, Hemley's Septic Tank Cleaning, Inc, was determined by Staff to be the lowest qualified bidder with a bid of $23,414.16 total cost for the pumping and servicing of 98 selected septic tanks at McCormick Woods. Recommendation: Staff recommends that the City Council adopt Resolution No. 017-10, authorizing the Mayor to execute the McCormick Woods Annual Septic Tank Maintenance Contract with Hemley's Septic Tank Cleaning, Inc., in the amount of $23,414.16 for 98 selected tanks. Motion for consideration: I move to adopt Resolution No. 017-10, authorizing the Mayor to execute the McCormick Woods Annual Septic Tank Maintenance Contract No. CO29-10, with Hemley's Septic Tank Cleaning, Inc., in the amount of $23,414.16 for 98 selected tanks with funds from Water Sewer Utility Fund. Fiscal Impact: $26,00o was allocated for in the 2010 Water Sewer Utility Fund. Alternatives: None. Attachments: Resolution No.017-10 Contract No. CO29-10 Hemley's Septic Tank Cleaning, Inc., Proposal Introduced by: Requested by: Drafted by: Introduced: Adopted: RESOLUTION NO. 017-10 Public Works Director Public Works Director Public Works Director February 23, 2010 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR THE MCCORMICK WOODS ANNUAL SEPTIC TANK MAINTENANCE PROGRAM WHEREAS, The City called for proposals on January 20, 2010, under the Small Works Roster inviting bids to provide septic tank pumping and servicing of selected septic tanks at McCormick Woods; and WHEREAS, four proposals were received by Hemley's Septic Tank Cleaning, Inc., FloHawks Plumping & Septic, Action Onsite Services, Inc., and Kitsap Septic Pumping; and WHEREAS, City staff has determined that all four proposals were responsive; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD HEREBY RESOLVES AS FOLLOWS: THAT: the City of Port Orchard hereby agrees to enter into and abide by contract No. CO29-10, (attached hereto as Exhibit A and incorporated herein by reference) for cleaning septic tanks in McCormick Woods via the Annual Septic Tank Maintenance Program is awarded to the lowest responsible bidder, Hemley's Septic Tank Cleaning, Inc., in the amount of $238.92 per tank, making the total amount of the award for cleaning 98 tanks $23,414.16 (sales tax included) with funds from Water Sewer Utility Fund. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia Kirkpatrick, CMC, City Clerk CITY OF PORT ORCHARD CONTRACT No. CO29-10 This contract is made and entered into this 23rd day of February 2010, by and between the City of Port Orchard, Washington, a municipal corporation (the "City), and Hemley's Septic Tank Cleaning, Inc. (the "Contractor"). WHEREAS, the City utilized the 2009 Small Works Roster; WHEREAS, the Contractor has been deemed to be the lowest responsible bidder; and NOW, THEREFORE, the parties agree as follows: 1. The following documents are hereby made a part of this contract and are mutually cooperative therewith. This contract and the following documents are collectively referred to as the "Contract Documents:" A. Bid proposal submitted by the Contractor (dated 2/2/2010) B. City of Port Orchard's Insurance Requirements and Public Works Project Terms and Conditions 2. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Contract Documents, except those items mentioned therein to be furnished by the City. 3. Subject to additions and deductions by change order, the contract amount of $23,414.16 (sales tax included) is for the septic tank pumping and maintenance of 98 single family residences at McCormick Woods as determined by the City. The contract sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this contract. 4. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and the amounts set forth in the Contract Documents. 5. The Contractor agrees to repair and replace all property of the City and all property of others damaged by himself, his employees, and sub -contractors. Page 2 of 7 McCormick Woods Septic Tank Maintenance Contract No. CO29-10 6. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns, does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. 7. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Contract, except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD CONTRACTOR Lary Coppola, Mayor By: Its: ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk APPROVED AS TO FORM: Gregory A. Jacoby, City Attorney Page 3 of 7 McCormick Woods Septic Tank Maintenance Contract No. CO29-10 CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS 1. BID PRICE: The bid price(s) shall include all necessary permits, and fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder' means the person, firm or corporation that has made an offer in response to the invitation to bid. 3. LICENSING AND REGISTRATION: The Contractor must be licensed and registered in the State of Washington. 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the contract documents, at the prices bid and within the time set forth therein with the understanding that time is of the essence in the performance of this contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The contractor shall furnish all permits, inspection fees, and fees required in the performance of this contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries works for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. Page 4 of 7 McCormick Woods Septic Tank Maintenance Contract No. Co2q-10 11. CONTRACT: The Contract, when properly signed, will be the only form which will be recognized by the City as an award. The executed contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 13. INDEMNIFICATION: All services to be rendered or performed under contract will be rendered or performed entirely at the Contractor's own risk. The Contractor expressly agrees to indemnify and hold harmless the City and all its officers, agents, employees or otherwise from any and all claims, including but not limited to reasonable attorney fees, demands, losses and liabilities to or by third parties arising from, resulting from or connected with the express or implied obligations of the Contractor, its agents or employees under this contract to the fullest extent permitted by law. The Contractor's duty to indemnify the City shall not apply to liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of the City, its agents or employees. The Contractor's duty to indemnify the City for liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the concurrent negligence of (a) the City, its agents or employees, and (b) Contractor, its agents or employees shall apply only to the extent of negligence of the Contractor or its agents or employees. Contractor's duty to defend, indemnify and hold the City harmless shall include, as to all claims, demands, losses and liability to which it applies, the City's personnel -related costs, reasonable attorney's fees, court costs and all other claim -related expenses. The Contractor's indemnification shall specifically include all claims for loss liability because of wrongful payments under the Uniform Commercial Code, or other statutory or contractual liens or rights or third parties, including taxes, accrued or accruing as a result of this contract or work performed or materials furnished directly or indirectly because of this contract. Contractor further agrees that this duty to indemnify City applies regardless of any provisions in RCW Title 51 to the contrary, including but not limited to any immunity of Contractor for liability for injuries to Contractor's workers and employees, and Contractor hereby waives any such immunity for the purpose of this duty to indemnify Owner. 14. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the contract documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar Page 5 of 7 McCormick Woods Septic Tank Maintenance Contract No. CO2e-10 products or services; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. 15. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 16. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary. 17. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the contract. City may withhold payment for such work until work meets the requirements of the Contract. Page 6 of 7 McCormick Woods Septic Tank Maintenance Contract No. CO29-10 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Contractor shall furnish and maintain all insurance as required herein (or by attachment) and comply with all limits, terms and conditions stipulated therein (or by that attachment), at their expense, for the duration of the contract. Any exclusions must be pre- approved by the City. Work under this contract shall not commence until evidence of all required insurance and bonding is provided to the City. The Contractor's insurer shall have a minimum A.M. Best's rating of A- and shall be licensed to do business in the State of Washington. The insurance policy or policies will not be canceled, materially changed or altered without forty five (45) days prior notice submitted to the City. The policy shall provide and the certificate shall reflect that the insurance afforded applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability. The policy shall be endorsed and the certificate shall reflect that the insurance afforded therein shall be primary insurance and any insurance or self-insurance carried by the City shall be excess and not contributory insurance to that provided by the contractor. REQUIRED COVERAGE: The insurance shall provide the minimum coverage as set forth below, all coverage $1,000,000.00 per occurrence with no deductible. GENERAL LIABILITY INSURANCE: The Contractor shall have Commercial General Liability with limits of $1,000,000.00 per occurrence and at least $1,000,000.00 in the annual aggregate, which includes general aggregate, products, completed operation, personal injury, fire damage and medical expense. ADDITIONAL INSURED ENDORSEMENT: General Liability Insurance must state that the City of Port Orchard, it's officers, agents and employees, and any other entity specifically required by the provisions of the Agreement will be specifically named additional insured(s) for all coverage provided by this policy of insurance and shall be fully and completely protected by this policy from all claims. Language such as the following should be used "CITY OF PORT ORCHARD, ITS OFFICERS, AGENTS AND EMPLOYEES ARE NAMED ADDITIONAL INSURED AS RESPECTS TO PROJECT NUMBER (insert project number here)." PROOF OF BUSINESS AUTOMOBILE INSURANCE: The Contractor shall have Business Automobile Liability with limits of $1,000,000.00 combined single limit. WORKERS COMPENSATION: If applicable, the Contractor shall show proof of Worker's Compensation coverage by providing its State Industrial Account Identification Number. Provision of this number will be the Contractor's assurance that coverage is in effect. PROOF OF INSURANCE: The Contractor shall not commence work, nor shall the Contractor allow any subcontractor to commence work on any subcontract until a Page 7 of 7 McCormick Woods Septic Tank Maintenance Contract No. CO29-10 Certificate of Insurance, meeting the requirements set forth above, has been provided to the City. Upon request, the Contractor shall forward to the City the original policy, or endorsement obtained, to the Contractor's policy currently in force. FAILURE OF COVERAGE: Failure of the Contractor to fully comply with the above insurance requirements during the term or the contract shall be considered a material breach of contract and cause for immediate termination of the contract at the City's discretion. Alternatively the City may procure and maintain, at the Contractor's sole expense, insurance to the extent deemed proper up to the amount of the required coverage(s). The City may offset the cost of such insurance against payment due to the Contractor under this contract. 0 HEMLEY'S SEPTIC TANK CLEANING INC. P.O. BOX 388 GIG HARBORMA. 98335 PH. 253-851-3432 FAX 253-851-2749 Mark R. Dorsey P.E. City of Port Orchard Public Works Dept. 216 Prospect Street. Port Orchard, WA. 98366 Greetings, Thank you for requesting a bid from our company. We propose to pump 98 septic tanks at McCormick woods neighborhood at a cost of $238.92 (two hundred thirty eight dollars and ninety two cents) per tank. This cost includes sales tax, labor, equipment, and fee costs. If this contract is awarded to Hemley's, we will provide documentation showing City Of Port Orchard as additional insured at or above the limits requested. Respectfully submitted, Randy Oxier Vice President Hemley's Septic Tank Cleaning Inc. 02/02/2010 �d; 1/i, /b City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (36o) 876-4407 • FAX (36o) 895-9029 Agenda Staff Report Agenda Item No. Business Item Subject: Adoption of Resolution No. o18-1o, Directing City Staff to Work with Port Orchard Morning Rotary and WSU-Kitsap County Extension Master Gardener Program to Establish a P-Patch Community Garden Meeting Date: February 23, 2010 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No: 023-10 Atty Review Date: February 17, 2010 Summarv: The Port Orchard Morning Rotary and the Washington State University in cooperation with Mtsap County Extension Program have been working to establish a P-Patch Community Garden within South Kitsap. Several locations have been looked at by these two organizations, with one of the location being at Central Park on Dwight Street. The Morning Rotary, WSU, and the Master Gardener's Program have volunteered to contribute funding, gardening expertise, education sessions, and labor to create a number of annual garden beds for recreational and youth gardeners. Recommendation: Staff recommends the Council adopts Resolution No. o18-10, directing City staff to work with the Port Orchard Morning Rotary, WSU-Kitsap County Extension, and the Master Gardener's Program to establish a P-Patch Community Garden at Central Park located on Dwight Street in Port Orchard. Motion for consideration: I move to adopt Resolution No. o18-1o, directing City staff to work with the Port Orchard Morning Rotary, WSU-Kitsap County Extension, and the Master Gardener's Program to establish a P-Patch Community Garden at Central Park located on Dwight Street in Port Orchard. Fiscal Impact: None. Attachment: Resolution No. o18-10 Introduced by: City Clerk Requested by: City Clerk Drafted by: City Attorney Introduced: February 23, 2010 Adopted: A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DIRECTING CITY STAFF TO WORK WITH PORT ORCHARD MORNING ROTARY AND THE WSU- KITSAP COUNTY EXTENSION MASTER GARDENER PROGRAM TO ESTABLISH A P-PATCH COMMUNITY GARDEN AT PORT ORCHARD'S CENTRAL PARK - WHEREAS, community gardens and those who participate in community gardening contribute to the preservation of open space, provide access to it, and create sustainable uses of the space; and WHEREAS, community gardens strengthen community bonds, provide food, and create recreation and therapeutic opportunities for the community; and WHEREAS, members of the Port Orchard Morning Rotary and the WSU-Kitsap County Extension Master Gardener Program have volunteered to contribute funding, gardening expertise, and labor to create a number of annual garden beds for recreational gardeners at Port Orchard's Central Park; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: City staff is directed to work Arith Port Orchard Morning Rotary and the WSU-Kitsap County Extension Master Gardener Program to establish a P-Patch community garden at Port Orchard's Central Park. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of February 2010. Lary Coppola, Mayor ATTEST: Patricia J. Kirkpatrick, CMC, City Clerk