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HomeMy WebLinkAbout4853 Contract Number: 4853 Vendor: BRAME NORTHWEST Subject: Review Parking Operations Department: Finance File Class: LEG 12-1 Begin Date: 09/21/2009 End Date: O1/11/2010 Review Date: 02/15/2012 Vault Date: Ol/O1/2012 Comments : � � � „ , - ,. '� � . ' � ��� OHice of the City Attorney Roger A. �uboWch, City Attomey � � � T'��7�-� ��. � �aT�s�at� .._��,,.. _ s�a an saeer. �eoo 8h11�, WA Y¢b37-18a3 ����z���'� �;���`�� � �- p �; January 1 l, ?010 J � Dan Brame Brame Northwest 7712 SE 31 Street Portland, OR 97202 Mr. Brame, Please accept this letter as notice from the City of Bremerton that your services for the City are no tonger needed effective immediatety. Please discontinue all work for the City of Bremerton. Additionally, I would ask that you return all property, including any documentation relating to the work done for the City of Bremerton, to Cazol Etgen, City Clerk, within fourteen (14) days. It is my understanding that we have received all invoices from you for any work that you have completed. If this is inconect, please submit any outstanding invoices immediately to Carol Etgen. If we have not received any further invoices within thirty (30) days of the date of this letter, the City of Bremerton will assume all invoices have been sent and will not pay any additional bills after that point. T'hank you for your services. r y, enneth W. agweli Assistant Gity Attorney KWB;Imd ', Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4853 BRAME NORTHWEST Review Parking Operations Finance LEG 12-1 09/21/2009 10/30/2009 12/01/2009 PROFESSIONAL SERVICES AGREEMENT Brame Northwest The City of Bremerton ("City") and Brame Northwest ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated September 21,2009, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit A; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration ofthe services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $17,200. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit A and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit A. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit A. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Brame Northwest Parking Review Page 1 of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/Brame Northwest Parking Review Page 2 of6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office Portland, Oregon. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. Bremerton/Brame Northwest Parking Review Page 3 of6 C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Portland, Oregon. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address: Andy Park, Financial Services City of Bremerton 345 6th Street, Suite 600 Bremerton, W A 98367 Consultant Address Brame Northwest 7712 SE 31 st Avenue Portland, OR 97202 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Bremerton/Brame Northwest Parking Review Page 4 of6 L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delavs: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: I) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City BremertonlBrame Northwest Parking Review Page 5 of6 without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT --4A .t. L0 OJ- By: A. A-.l..t""^' 1>.......6 its: ))~,. ..f 'F=--....-::c.-{ ~e"..,i-\ Date: s,,f-'2-:l I o<:{ ~ By: ""'r-~.-..,. i~L'\...A-''^"''i. " its: 1~l.LA-J. i 13.'\w"l>I I//~t "', L-_( Date: rj-0lf /:1..J. l(),' I o form: ~+tIr~ merton City Attorney BremertonlBrame Northwest Parking Review Page 6 of6 Brame Northwest - Exhibit A - September 21, 2009 Bremerton Parking Review/Scope of Work Brame Northwest, L.L.C. has been asked to review parking operations in Bremerton and evaluate changes and improvements that are needed. Bremerton has an unique parking situation in that parking demand is generated by not only shoppers and businesses in the downtown area, but also by travelers using the Washington State Ferry System and employees of the Bremerton shipyards. Significant parking issues that have been identified as needing review and improvement include, but are not limited to: 1. Parking Enforcement: Issues include the need to review an upcoming expiration date for the private contract for parking management/parking enforcement; and review of potential conflicts with the same company providing enforcement and parking management of City facilities while also managing and enforcing private lots, some of which they own. There are security concerns about the revenue collection process in terms of possible "leakage" in that all parking fees are paid in cash with potential problems in cash handling and security. Alternative technology needs to be reviewed that provides more secure handling of payment and improves customer service. Enforcement procedures need to be reviewed relative to what is perceived to be over zealous enforcement. Related enforcement issues, such as misuse of handicap decals and selling of residential parking permits are also problems and need to be reviewed and improved upon. Parking management and enforcement (public vs. private) should be reviewed relative to cost and service provided. Many parking time limits appear to be inconsistent resulting in abuse of the parking enforcement/parking ticket process, as well as encouraging disrespect of parking regulations and the parking management process. Unnecessarily low time limits and the associated high number of parking tickets that result from them may also push parking demand away from City facilities to private parking facilities, many of which are owned and/or operated by the same private company doing the enforcement on City streets. 2. Parking Revenue: does not appear to fully cover parking operations iffull allocation for City services is considered. There are little or no cash reserves for future increases in parking debt service or for operations of a planned new garage. Current revenue including parking rates, fines, and expenses need to be reviewed, as well as alternative parking revenue control system and related issues such as new rates, fines and potential "pay and display" equipment. Such alternative rates and parking revenue control systems must consider capital and operating cost associated with the changes. Parking rates should be considered that will better distribute parking demand among city facilities with emphasis on providing the most convenient parking for customers. 3. The residential parking program provides residential parking permits for residents and their visitors in critical areas at no cost to the participant, thus straining City resources. In that most residential areas in the City do not have a residential parking program, sharing the cost of providing this program from the general fund for a relative small number of residents should be reviewed. An appropriate fee to recover some or all of this cost should be considered. Potential abuses of the permit program, such as residents selling their permits and visitor permits needs to be evaluated and means of eliminating this practice needs to be evaluated. 4. Parking data should be collected to document parking characteristics at locations in the downtown and study area. This includes confirming inventory data and collecting parking occupancy and parking turnover data. This information is critical to establishing credible time limits and for projecting parking revenue and return on investment. 5. Security and condition of City parking facilities should be reviewed to determine if parking facilities present a positive experience for customers and to determine if maintenance is adequate.. 6. City code and regulations provide certain requirements for the amount of parking provided by new developments in the City. These codes need to be reviewed to determine if adequate parking is provided for new development while also ensuring other City needs are met. Because these and other parking issues have such major impact on the residents and businesses of Bremerton, a parking study is needed to identify improvements. This study should not only improve parking management and fairness of the parking program, but also provide an adequate financial base to pay for parking services and improvements both now and in the future. The changes should minimize the expenditures of limited City resources while keeping costs reasonable and generating appropriate revenue. The City is at an unique place in time relative to the opportunity to make improvements and changes that will provide for a financially sound parking program if changes are made soon. However, failure to make these improvements in the near future can result in significant cost to the City beyond what parking revenue can generate. The work in this Scope of Services is intended to be the first phase of a comprehensive parking study that is needed. It is limited in scope and budget. The following key issues will be reviewed with the limited budget authorized, with mutually agreed to adjustments made in the work after the initial on site investigation is made. Scope of Work The following tasks, with adjustments during the study process, will be provided: 1. Review of city documents such as the parking enforcement contracts, parking budgets, parking policies and procedures, parking inventory data, and other appropriate parking information that the City can provide. This review will identify preliminary recommendations relative to future parking contracts for enforcement and parking services. 2. Review and document on site parking enforcement practices including policies, revenue collections, procedures, and other characteristics; review the general condition of parking garages, parking lots, and on street parking areas. The highly insecure current "pay by slot/space" system, which is a 100% cash system with no significant revenue control security, will be reviewed and alternative collection systems recommended. 3. Review parking practices and patterns at key locations in downtown and around the shipyards. This will include confirming data in the parking inventory map provided by the City, review of existing rates relative to good parking management in other similar size cities, and the cost of providing parking services. It will not include the extensive data collection effort needed to establish reliable future revenue projections and time limits. 4. Provide other specific evaluations resulting from the preliminary work done in Task 1-3 and as mutually agreed to by the City and Brame Northwest. If possible, a preliminary draft estimate of costs, benefits, and revenue associated with a "pay and display" system for on street parking will be prepared. 5. Summarize all findings and recommendations in a written report, including both short term recommendations needing immediate action, longer term recommendations which can be considered in future contracting processes, and a Scope of Work for the more detailed Parking Study. The more detailed parking study should be completed prior to implementing new rates, on street parking fees and other significant changes. This Scope of Services is limited by the following the budget and schedule. It includes approximately 90 hours ofMr. Brame's time, and approximately 40 hours of technical support. Schedule The work would begin as soon as possible upon authorization by the City, preferably on Sept. 21, 2009. Work will be completed, unless mutually agreeable changes are made, by Oct. 30, 2009. Budget Labor and expenses will be billed monthly with payment due in 30 days. Mr. Brame's hourly rate will be $140 per hour and technical support is $40 per hour. The estimated labor budget for this work is $14,500 and expenses are estimated to be $2,700. Total cost will not exceed $17,200, unless authorized in writing by the City. City's Responsibilities The City will meet daily with the consultant when he is in Bremerton to review and coordinate work. They will provide all parking maps and data that are available for the consultant's use. A work station or office with phone and computer with internet/printer access will be provided for the consultant's use. Access to key City staff and Diamond Parking staff will be provided, including authorization for in depth analysis of current procedures. This includes collection and processing of parking revenue. Upon receipt of the Consultant's invoice, the City will promptly review same and issue payment within 30 days.