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Home My WebLink About02/02/2011 AGENDA I I f �Q OQ�� L� ° � Q ; CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** FEBRUARY 2, 2011 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — January 19, 2011 C Minutes of Study Session — January 26, 2011 D Reappointment of Joarne Pearson to the Arts Commission E Appointment of Kelli Warren to the Planning Commission F Appointment of Charlotte Belmore as Civil Service Officer G Renewal of 2011 Excess Liability, Excess Workers' Compensation, and Crime Insurance H Approve 2011 Kitsap Physician Services (KPS) Premium Rates and Underwriting Criteria I Ordinance No 5136 repealing in its entirety Chapter 18 08 of the Bremerton Municipal Code (BMC) entitled "Outdoor Fires" J Ordinance No 5137 amending Title 18 02 090 of the Bremerton Municipal Code (BMC) entitled "Amendments to the International Fire Code — Section 907, Fire Alarm and Detection Systems" K Professional Services Agreement with SvR DESIGN COMPANY for the Drainage and Sustainability Design of the Pacific Avenue Improvements from 6th Street to 11 Street L Professional Services Agreement with Parametrix for the Street Design of the Pacific Avenue Improvements from 6 Street to 11 Street M Professional Services Agreement with Tetra Tech INCA for the Bremerton Highway Safety Improvement Program N Ordinance No 5138 amending Section 10 04 010 of the Bremerton Municipal Code (BMC) entitled "[Washington] Model Traffic Ordinance (MTO) — Adoption by Reference ", and to amend Chapter 10 11 of the BMC entitled °Parking Enforcement Continued on back... ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requ►nng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting CONSENT AGENDA continued... O Scheduled Replacement Purchase of two (2) 2011 Ford Crown Victoria Police Interceptors P Professional Services Agreement with EXELTECH CONSULTING, INC for Park Avenue Plaza Phase H Construction Q Professional Services Agreement with TERRACON CONSULTANTS, INC for Park Avenue Plaza Phase I and II Construction R Ordinance No 5139 amending Section 3 48 030 of the Bremerton Municipal Code (BMC) entitled "Business & Occupation Taxes, Definitions" relating to "Engaging in Business" (Bremerton Court Interpreters) S Correction to August 11, 2010 Minutes of Special Session and Study Session 6 PUBLIC HEARING(S) A 2 nd of 2 Public Hearings on Lease with Kitsap Community Resources for Smith Park Children's Nature Play Area and Smith School Parking Lease (1` Pubhc Heanng was held on January 19, 2011) 7 GENERAL BUSINESS A Ordinance No 5140 repealing Chapter 5 04 of the Bremerton Municipal Code (BMC) entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities ", and further repealing and replacing in its entirety Chapter 5 20 of the BMC entitled "Street/Sidewalk Vendors" B Ordinance No 5141 creating Chapter 3 49 of the Bremerton Municipal Code (BMC) entitled "Use Tax on Natural or Manufactured Gas" 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those regwnng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting PROCLAMATION WHEREAS, Black History Month will be celebrated throughout the nation during the month of February, and WHEREAS, African Americans have played central roles in some of the most triumphant and courageous moments in our nation, state and local history During National Black History Month, we honor the rich heritage of African Americans and pay tribute to their many contributions to our City As we celebrate this year's theme, "African Americans and the Civil War" we remember the successes and challenges of our past We also resolve to honor the achievements and legacy of these proud citizens by continuing to improve our society so that it fully lives up to our nation's founding ideals, and WHEREAS, Black History Month is of special significance in fostering a spirit of cooperation between all segments of our multi- ethnic community, and paying tribute to the vital roles, past, present and future of our African American community in the fields of business, commerce, government, education, religion and culture, and WHEREAS, the City of Bremerton, being a military community recognizes the sacrifices made by African Americans in this country's defense and the role that African America continue to make in the advancement of this country and community, and WHEREAS, it is fitting that the citizens of this city join in the observance which underscores our city's quest to fulfill the promise of full equality for all its citizens, and NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim the month of February 2011 as BLA CKHISTOR YMOArTHin the City of Bremerton and encourage all of our citizens to loin in this observance which confers special meaning to the principals embodied in the Constitution of the United States and the Constitution of the State of Washington SIGNED, this 1st day of February, 2011 Patty Lent, Mayor PROCLAMATION WHEREAS, Kiwanis International was founded on January 2, 1915 and since its inception, Kiwanis International has grown in over 90 countries worldwide, and WHEREAS, the Men and Women of the Pacific Northwest District of Kiwanis International have exhibited a deep sense of pride in Community by serving the needs of family and children worldwide, and WHEREAS, the Pacific Northwest District of Kiwanis International has, effective October 1, 2010, initiated the multi -year District wide Service Project, Kiwanis Children's Cancer Cure Program, and WHEREAS, this Program will fund the Kiwanis Children's Cancer Fellowships, allowing physicians to seek cures for currently untreatable forms of cancer, and, WHEREAS, the Kiwanis Clubs of the Pacific Northwest will collaborate with Doembecher Children's Hospital in Portland, Seattle Children's Hospital and Vancouver, B C Children's Hospital, and WHEREAS, the local Kiwanis Clubs are the epitome of their defining statement "Kiwanis is a Global Organization of Volunteers Dedicated to Changing the World One Child and One Community at a Time ", NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, coinciding with Pacific Northwest District of Kiwanis International's Children's Cancer Cure Program, do hereby proclaim February 2011 as "Kiwanis Children's Cancer Cure Month" throughout the City of Bremerton and encourage citizens to celebrate the many contributions made by the members of Kiwanis Clubs of the Pacific Northwest SIGNED this 2 nd day of February 2011 Patty Lent, Mayor BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD ,-TO REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBNff= 2/2/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL • errrrrrreroeeorrrrrrrrrrrrrrae. ssorerrrreeeaeerrarrorroraseraraororraoerrrreseerereosoerari SUBJECT: Committee Meeting Date COUNCIL MEETING Date February 2, 2011 Claims & Check Register Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: Check Register FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR _ COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: 1) Check #'s 341391 through 341642 and EFT's 10565 through 10615 in the amount of $1,980,569 97 2) Retiree Payroll for the pay period ending January 31, 2011 in the amount of $82,115 49 COUNCIL ACTION: ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED AGENDA BILL CITY OF BREMERTON 5 CITY COUNCIL ■ ��.....r■.... .�s��r��a��r�� SUBJECT: City Council Meeting Minutes Committee Meeting Date N/A for meeting of COUNCIL MEETING Date 'yep j,l�Y'� a ,�- 1 f Lkoxy I q j ;1_0 (( Department City Council Presenter. Will Maupm, Council President Phone _ (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held Uayr v o r Lf 1 A l ATTACHMENTS: Meeting Minutes for 7okvt v�r FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR Council President CITY ATTORNEY N/A FINANCE DIRECTOR N/A MAYOR N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT ' CONSENT AGENDA MOIR— GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, January 19, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, January 19, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6` Street, Bremerton, Washington, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Council Member Dianne Robinson was absent Also present were City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by Council Member Carol Arends MAYOR'S REPORT — There was no Mayor's Report tonight PUBLIC RECOGNITION Terry Schroeder with the Kitsap Continuum of Care Coalition informed the Council that the "Point in Time Count' of the homeless will take place next Thursday Beverly Kincaid past president of United Way, and current Chair of Project Connect, described a one -day event to "Help Individuals & Families in Crisis" that brings all of the service providers together Into one location In an event that Is being held for the first time in Bremerton at the Sheridan Park Community Center on Wednesday, January 26 from 10 00 AM to 3 00 PM CONSENT AGENDA A Check Numbers 341372 through 341390 and EFT -10520 through EFT -10564 in the amount of $3,362,944 71, and Regular Payroll for the pay period ending January 15, 2010 in the amount of $720,34683 B Minutes of Meeting — December 15, 2010 C Minutes of Meeting — January 5, 2011 D Minutes of Study Session — January 12, 2011 E Ordinance No 5135 relating to decommissioning and re- commissioning of driveways, and Resolution No 3133 modifying Rate Table G F Amendment No 4 to Professional Services Agreement with Parametrix for Gorst Sewerage Project G Professional Services Agreement with Art Anderson & Associates for the Remodel of the Oyster Bay Maintenance Budding located at 100 Oyster Bay Avenue H Amendment No 2 to Remedial Action Grant from the Department of Ecology for the former Chevron Property I Budget Increase to Fund 311 for the Evergreen Rotary Park Fund J Professional Services Agreement with Parametnx for Continued Remediatlon of the former Chevron Property K Amendment to Environmental Protection Agency (EPA) Grant for Gorst Creek Watershed Comprehensive Plan L Amendment to 2011 Budget (Funds 001, 481, and new Fund 482) as it pertains to Gorst Creek Watershed Comprehensive Plan City Council Reg Mtg Minutes Wednesday, January 19, 2011 Page 2of3 M Professional Services Agreement with Parametrix for Gorst Creek Watershed Comprehensive Plan There were no comments from the public 05:37:38 M /S /C /U (Arends /Runyon) Move to approve the CONSENT AGENDA as presented GENERAL BUSINESS 6A — RESOLUTION NO. 3134 SUPPORTING THE FRANCES HADDON MORGAN CENTER AND ASKING THE STATE OF WASHINGTON TO CONTINUE PROVIDING THE NECESSARY FUNDING TO OPERATE THE FRANCES HADDON MORGAN CENTER Council President Will Maupin explained that City Council adopted Resolution No 3110 on February 17, 2010 asking for continued funding of the Frances Haddon Morgan Center by the State of Washington The Frances Haddon Morgan Center (FHMC) has been providing necessary services in the City of Bremerton to severely disabled children, adults and their families since 1972 FHMC is an integral part of the Bremerton community and has participated in and supported many local community activities and events Governor Gregoire has proposed the elimination of funding for FHMC A loss of funding for FHMC would not only impact some for the City of Bremerton's most vulnerable residents, but their caretakers as well The action before City Council is adoption of Resolution No 3134, thereby asking the State of Washington to continue its support of the Frances Haddon Morgan Center rather than eliminating much needed funding There were no comments from the public 05:39:40 Motion to adopt Resolution No 3134 was made by Arends, and seconded by Brockus, Comments in support of the resolution were then provided by the Council 05:44:45 M /S /C /U (Arends /Brockus) Move to adopt Resolution No 3134 in support of the Frances Haddon Morgan Center, and asking the State of Washington to renew the existing funding necessary to the Frances Haddon Morgan Center to continue providing its essential services PUBLIC HEARING 7A —1 of 2 PUBLIC HEARINGS ON LEASE WITH KITSAP COMMUNITY RESOURCES FOR SMITH PARK CHILDREN'S NATURE PLAY AREA AND SMITH SCHOOL PARKING LEASE Wvn Birkenthal Parks & Recreation Director, explained that Kitsap Community Resources (KCR) operates Head Start and other child development programs at the former Smith School budding This agreement allows KCR to improve, maintain, and operate the 1 1 acre adjacent to city park property for a children's nature play area The improved park and play area will be open to and for the public use with the exception of hours when KCR has a scheduled children's program in the facility The Parks Board reviewed the plans for the proposed play area at an advertised public meeting and voted unanimously to recommend the KCR agreement to Council The proposed lease incorporates and replaces the Smith School Parking Lease previously approved by Council on November 9, 2009 President Maupin opened the Public Hearing for comment from the public Brian Bunker of Leadership Kitsap was here to express his support for this project President Maupin stated that with no further comments, the Public Hearing was closed to the public and opened for discussion to the Council President Maumn explained that no Action will be taken until the 2" Public Hearing to be scheduled on a future date still to be determined COUNCIL MEMBER REPORTS Nick Wofford commented that after reviewing the Kitsap Health District report issued last week, he found it interesting that housing rental costs in Kitsap County has increased 79% since 2000 City Council Reg Mtg Minutes Wednesday, January 19, 2011 Page 3 of 3 Carol Arends reiterated her support for the Frances Haddon Morgan Center, and reported that at a recent Puget Sound Regional Council Transportation Policy Board meeting she pointed out the declining ferry ridership in Bremerton was caused by less frequent service, not because of fewer people riding the ferries which is also the reason ridership form Bainbridge Island has increased Greg Wheeler was pleased to attend the Reception in honor of the USS BREMERTON on January 11 and the Rev Dr Martin Luther King, Jr Celebration held at the Kitsap County Fairgrounds on January 17, was pleased that Dianne Robinson was honored for her community service at a related event held at Keyport, and looked forward to the Union Hill Block Party to be held later this year Roy Runyon reported that he hosted a workshop on City Ownership of Chickens on Monday Adam Brockus provided a briefing on the Ferry Caucus he attended in Olympia yesterday, announced the next District 3 Meeting will be held on Tuesday, January 26 from 6 30 to 8 00 PM at the Senior Center with featured speaker Finance Director Becky Hasart who will be discussing "City Budget 101" Cecil McConnell explained that he will be seeing his doctor tomorrow to confirm whether or not he will need hip replacement surgery, which would cause him to miss a few meetings Jim McDonald discussed his participation on the Regional Fire Authority Planning Committee Will Maupin attended the last Puget Sound Regional Council's Growth Management Policy Board meeting which included a discussion on new criteria for growth and manufacturing and industrial centers which may change what areas qualify for transportation funding EXECUTIVE SESSION The Council convened for a 20- Minute Executive Session to discuss "Potential and Pending Litigation" per RCW 42 30 110 (1)(1) No action was taken With no further business, President Maupin adjourned the Council Meeting at 6 35 PM Prep red and Submitted by 'r 6;� LORI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg DATE SUBMITTED - AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Meeting Minutes Committee Meeting Date. N/A for meeting of COUNCIL MEETING Date: Fe- bruar-v 2 ao ( I T0.hw-ary 3-co, 10 Department. City Council Presenter. Will Maupin, Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting held T - avltASXry 210, Zo l ATTACHMENTS: Meeting Minutes for s av1 LkaXq Vo , FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY N/A FINANCE DIRECTOR- N/A MAYOR- N/A COMMITTEE CHAIR N/A COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Consent Agenda as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES January 26, 2011 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6' Street, Bremerton, Washington, Wednesday, January 26, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus (arrived late due to his meeting with legislatures in Olympia to discuss ferry service to Bremerton), Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Maupin emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change Unless otherwise noted, these items will be placed on the next Council Meeting Agenda on February 2, 2011 for action A NO DISCUSSION PLANNED 1 Proposed 2 nd of 2 public hearings on lease with Kitsap Community Resources for Smith Park Children's Nature Play Area and Smith School Parking Lease — Wyn Birkenthal, Parks & Recreation Director, and Roy Runyon, Public Safety and Parks Committee Chair (1 Public Hearing held on January 19, 2011) Public Hearing 2 Reappointment of Joanie Pearson to the Arts Commission — Mayor Patty Lent Consent Agenda 3 Appointment of Kelli Warren to the Planning Commission — Mayor Patty Lent Consent Agenda 4 Renewal of 2011 Excess Liability, Excess Workers' Compensation, and Crime Insurance — Thelma Swem, Risk Manager, and Adam Brockus, Finance Committee Chair Consent Agenda 5 Approve 2011 Kitsap Physician Services (KPS) Premium Rates and Underwriting Criteria — Becky Hasart, Financial Services Director, and Adam Brockus, Finance Committee Chair Consent Agenda 6 Proposed ordinance to repeal in its entirety Chapter 18 08 of the Bremerton Municipal Code (BMC) entitled "Outdoor Fires" — Fire Chief Al Duke, and Roy Runyon, Public Safety and Parks Committee Chair Consent Agenda 7 Proposed ordinance to amend Title 18 02 090 of the Bremerton Municipal Code (BMC) entitled "Amendments to the International Fire Code — Section 907, Fire Alarm and Detection Systems" — Fire Chief Al Duke, and Roy Runyon, Public Safety and Parks Committee Chair Consent Agenda 8 Professional Services Agreement with SvR Design Company for the Drainage and Sustainability Design of the Pacific Avenue Improvements from 6' Street to 11' Street — Larry Matel, Transportation Managing Engineer, Public Works & Utilities Department, and Dianne Robinson, Public Works Committee Chair Consent Agenda 9 Professional Services Agreement with Tetra Tech INCA for the Bremerton Highway Safety Improvement Program — Larry Matel, Transportation Managing Engineer, Public Works & Utilities Department, and Dianne Robinson, Public Works Committee Chair Consent Agenda City Council Study Session Minutes Wednesday, January 26, 2011 Page 2 of 3 10 Professional Services Agreement with Parametnx for the Street Design of the Pacific Avenue Improvements from 6' Street to 11 Street — Larry Matel, Transportation Managing Engineer, Public Works & Utilities Department, and Dianne Robinson, Public Works Committee Chair Consent Agenda 11 Proposed ordinance to amend Section 10 04 010 of the Bremerton Municipal Code (BMC) entitled "[Washington] Model Traffic Ordinance (MTO) — Adoption by Reference ", and to amend Chapter 10 11 of the BMC entitled "Parking Enforcement' — Roger Lubovich, City Attorney, and Roy Runyon, Public Safety and Parks Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 12 Scheduled Replacement Purchase of two 2011 Ford Crown Victoria Police Interceptors — Jim Orton, Fleet Manager, and Dianne Robinson, Public Works Committee Chair Consent Agenda 13 Professional Services Agreement with EXELTECH CONSULTING, INC for Park Avenue Plaza Phase II Construction — Gary Sexton, Redevelopment Projects Administrator Consent Agenda 14 Professional Services Agreement with TERRACON CONSULTANTS, INC for Park Avenue Plaza Phase I and H Construction — Gary Sexton, Redevelopment Projects Administrator Consent Agenda 15 Request to Release the Recreational and Athletic Easement granted by State of Washington on a portion of the Frances Haddon Morgan Center in vicinity of Forest Ridge Park — Wyn Birkenthal, Parks & Recreation Director, and Roy Runyon, Public Safety and Parks Committee Chair This item was postponed 16 Proposed ordinance to amend Section 3 48 030 of the Bremerton Municipal Code (BMC) entitled "Business & Occupation Taxes, Definitions" relating to "Engaging in Business" (Bremerton Court Interpreters) — Becky Hasart, Financial Services Director, and Adam Brockus, Finance Committee Chair Consent Agenda 17 Proposed ordinance to repeal Chapter 5 04 of the Bremerton Municipal Code (BMC) entitled "Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities ", and further repealing and replacing in its entirety Chapter 5 20 of the BMC entitled "Street/Sidewalk Vendors" — Becky Hasart, Financial Services Director, and Adam Brockus, Finance Committee Chair General Business 18 Proposed ordinance creating Chapter 3 49 of the Bremerton Municipal Code (BMC) entitled "Use Tax on Natural or Manufactured Gas" — Becky Hasart, Financial Services Director, and Adam Brockus, Finance Committee Chair General Business President MauAin called a 5- minute break from 7 30 to 7 35 PM 19. Appointment of Charlotte Belmore as Civil Service Officer — Becky Hasart, Financial Services Director Consent Agenda GENERAL COUNCIL BUSINESS 1 Council discussed the Bremerton Transportation Benefit District (TBD) Board No meeting will be held on February 1, 2011 due to a lack of items... Next scheduled meeting is August 2, 2011 City Council Study Session Minutes Wednesday, January 26, 2011 Page 3 of 3 2 Council Committee Chair reports were provided, and other General Council Business was discussed President Maupin adjourned the Study Session at 8 20 PM Prepared and Submitted by LOKI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg DATE SUBMITTED. January 23, 2009 AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Reappointment to the Arts Committee Meeting Date January 18, 2011 Commission COUNCIL MEETING Date February 2, 2011 Department Executive Presenter. Mayor Lent Phone- 473 -5266 SUMMARY: Joame Pearson's term on the Arts Commission has expired. It is recommended she be reappointed to another term. ATTACHMENTS: Application for reappointment available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR. CITY ATTORNEY. FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the reappointment of Joanie Pearson to the Arts Commission. DATE SUBMITTED January 20, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeaeeeeeeseseeeeteeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeoeee� SUBJECT: Appointment to the Planning Committee Meeting Date fan kAr l ab of q 1 Commission COUNCIL MEETING Date re�r u�rw Department Executive J Presenter Mayor Lent Phone 473 -5266 SUMMARY: There is a vacancy on the Planning Commission due to the resignation of Andy Kosusko It is recommended Kelli Warren be appointed to that vacancy and complete Commissioner Kosusko's term which expires December 31, 2011 ATTACHMENTS: Application for appointment available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to confirm the appointment of Kelli Warren to the Planning Commission for a term to expire on December 31, 2011 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F �eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeae■ SUBJECT: Appointment of Charlotte Committee Meeting Date: 01 -26 -2011 Belmore as Civil Service Officer COUNCIL MEETING Date: 02 -02 -2011 Department: Finance Presenter: Becky Hasart Phone- 360 -473 -5722 SUMMARY: The Finance Department's HR division currently has two approved FTE openings which need to be filled (HR Manager and HR assistant). Concurrently, the city's Civil Service Officer has been "vacant" as well. The new HR Manager job description includes the duties of the Civil Service Officer. Charlotte Belmore has been the acting HR Manager and Civil Service Officer as we have been reassessing and rewriting the job descriptions. In order to officially appoint her to this position, both the Civil Service Commission and the Council must confirm this appointment The Civil Service Commission met on January 25, 2011 and approved moving forward in the process to appoint Ms. Belmore as the Civil Service Officer. We must now post this action for seven days before the Commission can take formal action, scheduled for February 3, 2011. The Bremerton City Charter also requires that Council approve appointment of the Civil Service Officer ATTACHMENTS: None. FISCAL IWACTS (Include Budgeted Amount): This appointment and the related pay range is within the approved 2011 budget for the department. APPROVALS: DEPARTMENT DIRECTOR. CITY ATTORNEY FINANCE DIRECTOR: MAYOR - COMIVIITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the appointment of Charlotte Behnore as the Civil Service Officer pending formal approval from the Civil Service Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DATE SUBMITTED January 10, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeseeeeeeeeeeeeeeeseeeeee SUBJECT: 2011 Excess Liability, Excess Committee Meeting Date January 26, 2011 Workers' Compensation, and Crime COUNCIL MEETING Date February 2, 2011 insurance Department City Attorney's Office Presenter Roger Lubovich and Thelma Swem SUS Phone 473 -5302 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind insurance and then requires City Council approval for continuation of the bound coverage Excess liability coverage has been bound with Ironshore Specialty Insurance Company at an annual cost of $142,995 60 (including tax and fees) Excess workers' compensation insurance has been bound with Safety National Insurance Company for a deposit premium of $31,271 Crime insurance has been bound with Great American Insurance for $4,973 per year ATTACHMENTS: Insurance Order to Bind FISCAL IMPACTS (Include Budgeted Amount) Sufficient funds have been budgeted in the Risk Management Fund for these expenditures for 2011 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the continuation of the excess liability, excess workers' compensation, and crime insurance bound for 2011 for the City of Bremerton. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Order to Bind Please bind the coverage the following coverage (check the appropriate box of the coverage and for option you are electing) Carrier Limit Retention Vor Premium Deductible Liability Ironshore Specialty Ins Excess Liabililty $139,849 (Pius [Ourl Co $5 million occ or wrongful act 1 no general $250,000 surplus lines tax s feel Aggregate Aggregates will include Products /Completed Ops - $5 million Public Officials E&O - $5 million Employment Practices - $5 million Employee Benefits Liab - $5 million Compensation Excess Workers' Safety National Casualty Company Statutory Work Comp $450,000 except $31,271 Deposit $1 mill Employers Liability $750,000 ManbmelUSL&H Crime Insurance Great American $1,000,000 Employee Dishonesty $25,000 $4,973 IV- $1,000,000 Computer Fraud $25,000 You also understand that Willis will be paid the commission percentage stated for the placement of your insurance as indicated, and will receive the same commission percentage for all subsequent renewals of this policy If at a future date the commission percentage changes, Willis will notify you prior to the policy renewal and shall seek your consent in writing City of Bremerton Name n,(, /tc° %t R IYW Pr Title c n'lP.ot- Q /IS Date 20 DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5k ■■ eeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ee■ SUBJECT: 2011 KPS Rates & Committee Meeting Date. January 26, 2011 Underwriting Criteria COUNCIL MEETING Date: February 2, 2011 Department: Financial Services Presenter: Becky HasaM Dir of Financial Servi Phone- 473 -5722 SUMMARY: Approval of KPS 2011 Rates and Underwriting criteria and authorization of formal execution of the 2011 contracts between the City and Kitsap Physicians Service (KPS) for employee group health insurance coverage by the Mayor. This is a yearly housekeeping issue The new rates,which were negotiated on our behalf by our benefits consultants, Willis of Seattle, reflect an 10.44% rate increase above 2010 levels. It should also be noted that the City's contribution towards dependents coverage is at 90 %, while the employee's contribution for dependents coverage is 10 %. ATTACHMENTS: KPS 2011 Premium Rates & Underwriting Criteria. FISCAL IMPACTS (Include Budgeted Amount)- The 2011 Budget has adequate budgeted funds in personnel benefits for this rate increase. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR- MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: I move to approve the 2011 KPS Premium rates and Underwriting criteria between the City and KPS, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action KPS Health Plans 400 Warren Avenue P O Box 339 Bremerton, WA 98331 -0039 Attachment B Premium Rates and Underwriting Criteria For City of Bremerton Period: January 1, 2011 — December 31, 2011 Premium Rates PLAN A & RETIREES A CTIVE LEOFF I Employees 84809 LEOFF II & non - LEOFF Employees 61582 Spouse 68265 1st Child 30829 2nd Child + 24813 LEOFF I RETIREES UNDER AGE 65 Subscriber 2,21932 303-32 242 -4-2 I PLAN B & RETIREES A CTIVE LEOFF II & non - LEOFF Employees 53250 Spouse 59650 1st Child 271 37 2nd Child + 211 15 (UNDER AGE-65) NSA Spouse -1 089-89 Ut Child 256PG6 2nd Gh4d-+ 29753 Underwriting Criteria The Premium rates quoted above for this Group Plan are based on the following underwnting criteria KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria Active Employees must work a minimum of twenty (20) hours per week unless otherwise negotiated and agreed by both KPS and Group ➢ Subject to prior KPS approval, two (2) or more health insurance camers, including KPS, may provide coverage to Group's Employees ➢ Subject to prior KPS approval, Group may select multiple KPS health plan offerings The minimum level of participation required is seventy-five percent (75 %) of eligible Employees ➢ Unless otherwise approved by KPS, no more than twenty-five percent (25 %) of Group's eligible Employees may reside outside of the State of Washington KPS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent (10 %) or more from the census provided to KPS by Group at the time Group was initially rated KPS Health Plans 400 Warren Avenue P O Box 339 Bremerton, WA 98331 -0039 Attachment B Premium Rates and Underwriting Criteria For City of Bremerton Period: January 1, 2011 — December 31, 2011 Premium Rates PLAN A & RETIREES ACTIVE LEOFF I Employees 84809 LEOFF II & non - LEOFF Employees 61582 Spouse 68265 1st Child 30829 rid Child + 24813 LEOFF I RETIREES UNDER A 7 � 2,21g Subscriber 32 PLAN B ACTIVE LEOFF II & non - LEOFF Employees 53250 Spouse 59650 1st Child 271 37 12 nd Child + 21115 Underwriting Criteria The Premium rates quoted above for this Group Plan are based on the following underwriting criteria KPS reserves the right to withdraw or rerate this offering if Group falls outside the scope of these criteria ➢ A change in Employer contribution may negate Grandfathered status. Grandfathered plans cannot decrease the percent of premiums the Employer pays by more than 5 percentage points (for example, decrease their own share and increase the workers' share of premium from 15% to 25 %). Any change to the employer contribution percentage must be communicated to KPS, in writing, no less than 30 days in advance of the effective date of the contribution change. ➢ Active Employees must work a minimum of twenty (20) hours per week unless otherwise negotiated and agreed by both KPS and Group ➢ Subject to prior KPS approval, two (2) or more health insurance carriers, including KPS, may provide coverage to Group's Employees Subject to prior KPS approval, Group may select multiple KPS health plan offerings ➢ The minimum level of participation required is seventy-five percent (75 %) of eligible Employees ➢ Unless otherwise approved by KIDS, no more than twenty-five percent (25 %) of Group's eligible Employees may reside outside of the State of Washington ➢ KIDS reserves the right to rerate Group in the event actual enrollment fluctuates by ten percent (10 %) or more from the census provided to KPS by Group at the time Group was initially rated DATE SUBMITTED 01 -05 -11 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5 prdiv *Aa No. SUBJECT: Repeal in its entirety Bremerton Committee Meeting Date 01 -26 -11 Municipal Code Chapter 18.08 entitled COUNCIL MEETING Date: 02 -02 -11 "Outdoor Fires." Department: Fire Presenter 'Al Duke, Fire Chief Phone- 473 -5380 SUMMARY: Bremerton Municipal Code Chapter 18 08 pertains to outdoor burning Since the adoption by the City of the International Fire Code and recent changes in the Washington Administrative Code by Puget Sound Clean Air Agency this chapter is no longer needed as it is redundant ATTACHMENTS: Ordinance FISCAL IMPACTS (Include Budgeted Amount). None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY. FINANCE DIRECTOR MAYOR COMMITTEE CHAIR ? COUNCIL PRESIDENT z CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Ordinance # 513 repealing in its entirety Chapter 18 08 entitled "Outdoor Fires" of the Bremerton Municipal Code COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 6 AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 18 08 of the Bremerton Municipal Code entitled "Outdoor Fires." WHEREAS, the City adopted the state International Fire Code as Title 18 of the Bremerton Municipal Code; and WHEREAS the provisions of Chapter 18 08 of the Bremerton Municipal Code are covered in the International Fire Code previously adopted and the Puget Sound Clean Air Agency Regulations, and WHEREAS, the City Council desires to repeal Chapter 18.08 of the' Bremerton Municipal Code to remove redundancies in the code, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 18 08 of the Bremerton Municipal Code entitled "Outdoor Fires" is hereby repealed in its entirety Chapter- 18.08 OUTDOOR FIRES 18 08 0 ilyCINE A T it shall he unlawful for any per -sen to start ox k any fire to an .ne.ne....te.. f > Eu > garbage and similar-ly flextetis items as established by the Air- Pellu4tea Gentr-el Board to be pellutien hazafds 18.08.020 STREETS AND SIDEWALKS. it shall he unlawful to start any on ui e st «set alley a s i d ewa lk , a. �aaaa.aa vv t kindle bl f unless peFmitted thmugh a speetal event peFmit issued by the City of Br-efneften- 18.08.040 PERMITS FOR CLEARING PROPERTY7 Permi f o r- ele.....n n..epe.4y shall he a on ly i f the n«ene t v vavau aaab ravYva aJ .aaauaa w a SJii e G�VIirT 'ZTCI'ILT�7SVP�.'7RT7ZLPT:T1'ii eemplianee with the r-egalations established by the Puget Seund Air- Pollution Go Ageney , That this seetten does not apply to residential elean up fir-es as mplated under- 18 08 070 18.08.050 OUTDOOR RECREATIONAL FIRES. it shall be unlawful te staft er- kindle any eutdeer- fire with the emeeption of fir-es Ye ... , ....tted . nder- the- previste rs-ef BMG 18 08 070 s h a ll t ft s , net bum within ten (10) feet ef any eembustible fnatenal, and must be under- eenstatit 18.08.060 POWERS OF FIRE CHIEF. same foF preservation ef the publie health, peaee and safety.- 18.08.070 FIRE PERMITS. Fife pefmits shall be issued fer- r-esidentia4 elean up type fires enly, and r-eeiptents shall be issued free ef rahar-ge at the fire stoitien leeated en Paetfie Avenue. Peffnits shall be valid for- a pened ef ene ealefidar- yeaf fr-em the date ef issuanee, er- until feveked fe vielatien efthe regulatio (a) Fire must be under- eenstant atteadanee ef a per-sea at least sixteen years e. age. (b) Size ef pile te be bumed shall not emeeed feilf feet by feur- feet, an fner-e than thfee feet in height (e) Only ene pile may be bumed at a time (d) A eharged gar-den hose er- anether- unlifaited seume ef water- shall readily available a4 the site ef the fire and shall be ef suffietent length te pmper-ly eentr-el the penmeter- of the bum area at all times (e) Bum pile shall have a mimmufn twenty (20) feet eleafmee te buildings, fenees eembusti matena and pr-opefty lines fluid li qui d s, petFe b ase d pm > (g) Buming ef any > m fe garbage and similar-ly ne*ieus items !1.\ All A... D.,il..t C t 1?eera and De«a.-t of Beelogy regulations !.\ Thi pean shall be re adily ava ilable fe inspe at the pr w he r e 0) 1?.......«...s «.-.,b..l..ted befor sum se an after dusk 1$.0 PERMITS FOR ROOFING COMPANY A NY 14 TT A K PeFmits fef r-eefing eempany het tar- kettles shall be issued upen appreval by-the Fire N4afshall er- his designated f vvith safety r-equir-effients. Permits shall be ffee ef eharge and shall be valid fer- a pefied of six f .. nths ig.08.11�_R V�ArTil1N OF PERMIT Any pennit issued under- this ehapter- may be r-eveked by the Fire Chief-, or- SECTION 2. Severabthty If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of 2 2011 PATTY LENT, Mayor ATTEST- APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 1 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \ Legal \Legal \Ordmances\Fire\2011 BMC 18 08 repealed doc DATE SUBMITTED 01 -05 -11 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Ord yvo,✓ m tJo• SUBJECT: Amendment of Bremerton Committee Meeting Date: 01 -26 -11 Municipal Code 18 02 090 — International COUNCIL MEETING Date: 02 -02 -11 Fire Code — Section 907, Fire Alarm and Department. Fire Detection Systems Presenter Al Duke, Fire Chief Phone: 473 -5380 SUMMARY: On June 2, 2010 the Bremerton City Council adopted the 2009 International Fire Code with amendments At that time, the amendment in Section 907 added language concerning NICET requirements for designers and installers of Fire Alarm and Detections systems The amendment is to correspond with electrical provisions within the Department of Labor and Industries regulations ATTACHMENTS: Ordinance # 5137 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to pass Ordinance # ( amending Title 18 02 090 of the Bremerton Municipal Code. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. SIN AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 18.02.090 of the Bremerton Municipal Code entitled Amendments to the International Fire Code — Section 907, Fire Alarm and Detection Systems. WHEREAS, as set forth in Title 18 of the Bremerton Municipal Code, the City previously adopted the state International Fire Code•, and WHEREAS, changes are needed to Title 18 of the Bremerton Municipal Code to correspond with electrical provisions of Labor & Industry regulations; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1. Section 18 02 095 of the Bremerton Municipal Code entitled "Amendments to the International Fire Code — Section 907, Fire Alarm and Detection Systems" is hereby amended to read as follows- 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code- (a) Fire Alarm and Detection Systems — General Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907 12- Sec. 907.1.2 Fire Alarm Shop Drawings. 14 A Bremerton Fire department submittal checklist. 15 A copy of the device /zone map 16 Fire alarm systems which contain 25 or more SLC/NAC devices combined, shall be submitted on no less than 11 x 17 sized drawings and 1/8 " =1' scale with a digital copy of the design in DWG, DWF or other approved format (PDFs are not acceptable ) (b) Fire Alarm and Detection Systems — Where Required Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907 2 with the following: Sec. 907.2 Where required. All new and remodeled occupancies where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices Where automatic sprinkler protection installed in accordance with Section 903 3.1 1 or 903.3 12 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official Exceptions 1 Group U Occupancies 2 Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3 One and two family residences 4. Those buildings that require 10 or less fire alarm devices pursuant to 907 2 In all remodels of existing non - sprinkled buildings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building's assessed valuation. In any non - sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs Smoke detection shall be placed in 1. Hallways, corridors, exit passages and all other primary egress components 2 Above the fire alarm panel and all annunciator panels 3. Rooms, assembly areas or other spaces which exceed 400 square feet. Heat detection shall be placed in all areas not covered by smoke detection Exception: Buildings equipped with a fire sprinkler system A fully functional annunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s) Grapluc annunciators shall be utilized in all lughnses and schools Shielded fire alarm cable shall be utilized as required by the fire code official Prescriptive smoke detector placement shall utilize Table 5 6 5 5 1 from NFPA 72 2002 edition when ceiling heights exceed 10' Prescriptive smoke detector placement of spot detectors shall not exceed 30' in height Beam detectors shall be utilized in complex designs and ceilings in excess of 30' (c) Fire Alarm and Detection Systems — Retroactive R -2 Visible Notification Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.10 as follows Sec. 907.10 Retroactive R -2 visible notification. At the request of the tenant, the building owner shall replace an existing audible device to an audible /visible device to assist hearing impaired tenants Building owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (d) Fire Alarm and Detection Systems — Duct Smoke Detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception 1 in Subsection 907 4 1 The amended Subsection 907.4.1 reads as follows. Sec. 907.4.1 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location Duct smoke detectors shall not be used as a substitute for required open area detection. Exception- In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location Smoke detector trouble conditions shall activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble (e) Fire Alarm and Detection Systems — Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907 5 with the following Sec. 907.5 Monitoring. Where fire alarm systems are required by this chapter or by the International Building Code, a U L - listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for- t Single- and multiple- station smoke alarms required by Section 907210 2 Smoke detectors in Group I -3 occupancies 3 Automatic sprinkler systems in one- and two - family dwellings 4. Those existing R -1 and R -2 occupancies that are addressed by section 18 03.120(a) of the Bremerton Municipal Code. (f) Fire Alarm and Detection Systems — Testing Prerequisites Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.9.1. Sec. 907.9.1 Testing Prerequisites. Upon completion of the installation or alteration, a satisfactory test of the entire system and its functions shall be made in the presence of the fire code official within two weeks of completion of installation Prior to the acceptance test, written documentation shall be provided to the fire department certifying that the system has been installed and pre- tested in accordance with the approved plans and specifications. (g) Fire Alarm and Detection Systems — Location/Secunty Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.11 Sec. 907.11. Location /Security. The control unit, remote annunciator, alarm panel, and access keys to locked fire alarm equipment shall be installed and maintained in a location approved by the fire code official All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote annunciator or main entrance. Alarm panel access keys and building access keys or master keys shall be provided and kept in an on -site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code official (h) Fire Alarm and Detection Systems — Monitoring Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 907 12, 907 13, 907.14 and 907 14 1. Sec. 907.12. Instructions. Written operating instructions for the fire alarm system shall be provided and kept in an on -site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code official. All alarm systems shall be capable of being silenced without having to be reset Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire department reset code that is approved by the fire code official Sec. 907.13. Designer Qualifications. Persons who design fire alarm systems shall be either a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and training required by NICET. The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009. Sec. 907.14. Installation Requirements During the course of a fire alarm installation, including all subsequent modifications and annual testing, a NICET level II technician in fire alarms shall personally conduct all programming and testing_ See. e.90^ . 14. T e e n .,:... ifle tions'u�TCrsens , rr� - v he inst fire al—em .... trainee shall net be allowed to f f system new or existing, without direet on site supen 0 the trainee's work Trainees afe not pemitted to per-feFm any unsap d- . , 2008 all fife alafm installefsz, designers, testers or- any PeFSE)H WhO Maintains eF other-wise fnedifies fire training. Sec. 907.15 Existine Fire Alarm Systems. All existing fire alarm systems are subject to the provisions of 907 14 Sec. 907.16. Violations Violations of section 907 14 and 907 15 constitutes a mandatory $1000 violation per occurrence Each day constitutes a separate and distinct violation. Any three violations of this provision immediately revokes the affected fire alarm companies City of Bremerton business license and prohibits re- application for a period of not less than three years SECTION Z Severabtkty If anyone or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST. APPROVED AS TO FORM - CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of $ 2011 ORDINANCE NO R \Legal \Legal \Ordmances\Fire \IFC Amendment - 2011 doc DATE SUBMITTED January 10, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL u5 K ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeee� SUBJECT: Professional Services Committee Meeting Date. January 26, 2011 Agreement with SvR Design Company for COUNCIL MEETING Date- February 2, 2011 the Drainage and Sustainabilrty Design of the Department. PW &U Pacific Avenue Improvements from 6 Street Presenter: Larry Matel to l I" Street. Phone. 473 -5342 SUMMARY: There are 2 consultants selected to do the engineering design of the Pacific Avenue improvements between 6 Street and l l Street. One consultant to be awarded the professional services agreement is SvR Design Company which will be responsible to do the work activities associated with low impact and green stormwater infrastructure techniques including landscaping and irrigation to manage, treat and infiltrate stormwater, and preparation of plans, specifications and cost estimates necessary to bid and construct the proposed improvements. ATTACHMENTS: 1 Council Summary; 2 Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount)- The funding source is a Federal Grant in the amount of $442,400 with City match of $10,000. This project is included in the 2011 Arterial Street Funds N oT TD .c-f CC-ED $ W N APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY- FINANCE DIRECTOR MAYOR COMMITTEE CHAIR / COUNCIL PRESIDENT: CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and SvR Design Company in the amount of & and authorize the Mayor to finalize and execute the agreement with substantially the ame terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Action CONSULTANT SELECTION Pacific Avenue Improvements (6' Street to 11' Street) and Highway Safety Improvements Background Request for Statement of Qualifications (SOQ) was advertised October 20, 2010 for the consultant selection for the Pacific Avenue Improvements and Highway Safety Improvements Project All SOQs were received on the deadline on November 10 There were nine consultants that submitted their SOQs, four were short listed and interviewed on November 22 The 4 consultants were SvR, INCA, Parametrix, and Exeltech Consultant Appointment Prior to the interview of the consultants, it was recognized that it may need to appoint multiple consultants to complete the Plans, Specifications and Estimate (PS &E) for this project After the interviews, information gathered provided basis in knowing the strengths of each consultant that would aid in selecting the consultants best suited for this protect. It was determined that the tasks would be divided in three categories of work scope, and they are Drainage and Sustainability Design, PSE Coordination/Underground Conversion and Environmental Permitting, and Highway Safety The consultants that will be recommended are SvR, Parametrix, and INCA. Meetings will be set for each of the consultants to discuss the scope of work and fee schedule One factor that can become a major issue in this project is timeline available in completing the PS &E, having the bidding published in April 2011, and awarding the contract to start construction in June 2011 It is paramount to closely momtor the schedule and, if possible, start pnor to the end of 2010 Parts of completing the PS &E are the PSE coordination for underground conversion of overhead wires, and the acquiring of the necessary environmental permits. These two components are critical and it is essential to start immediately within December 2010 to imtiate the process. Recommendation Therefore, it is requested that Council authorize City personnel in- charge with this project to enter into negotiation with the Consultants being selected for this project PROFESSIONAL, SERVICES AGREEMENT Pacific Avenue Improvements: 6th Street to 1 V h Street SvR Design Company The City of Bremerton ("City ") and SvR Design Company ( "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 January 19, 2011, 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 H. Term: The City and the Consultant agree that work will begin on the tasks described to Exhibit A immediately upon execution of tlus Agreement The parties agree that the work described in Exlubit A is to be completed as provided for to the work schedule attached hereto as Exhibit B, provided however, that additional time shall be granted by the City foi excusable delays or extra work as provided for in section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $134,130 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and /or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement Bremerton/SvR Design Pacific Avenue Improvements Page 1 of 6 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 tlus 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 ansmg from the delinquency, from any payments due Consultant V. Indemnification: Consultant shall defend, mdemmfy 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 Lability 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 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 apse from or in Bremerton/SvR Design Pacific Avenue Improvements Page 2 of 6 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 I. Automobile Liabili ty insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be lunited to blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabili ty insurance with limits no less than $1,000,000 limit per occurrence /claim and $1,000,000 aggregate Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence basis except professional liability insurance (if required), which may be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the right to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6"' Street, Suite 600, Bremerton, WA 98337 with-in two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as e idence of coverage Bremerton/SvR Design Pacific Avenue Improvements Page 3 of 6 VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished in the time and form requested Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in 1205 2 nd Avenue, Suite 200, Seattle, Washington Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at its office in 1205 2 nd Avenue, Suite 200, Seattle, Washington Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties 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 Severabilitv Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect Bremerton/SvR Design Pacific Avenue Improvements Page 4 of 6 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 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified to writing City Address Consultant Address Attn Eduardo H Aban. PE Attn Tom von Schrader, PE 3027 Olympus Dnve 1205 2 " Avenue, Suite 200 Bremerton, WA 98310 Seattle, WA 98101 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power J Non - Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement L Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any Judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein. each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discrinunate 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 Furthermore, the Consultant shall be in compliance with the specifications in Exhibit H, Title VI Assurances 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 Bremerton/SvR Design Pacific Avenue Improvements Page 5 of 6 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 summanly terminate this Agreement A Excusable Delays The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government to 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, of 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 seventy 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 wluch may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By By its its Date Date Approved as to form Attest Bremerton City Attorney City Clerk R 1LEGAL\Contractsll ORMSTrofessional Services AgnemLnt Form (2003) doc Bremerton/SvR Design Pacific Avenue Improvements Page 6 of 6 EXHIBIT A DESIGN C0 i`A PA4Y SCOPE OF WORK Ja nuary 19, 201 1 duardo Aban, I'L City of l3rcnrcrton - fngmeering Department 3027 Olympus Drive Bicmerton, WA `)8310 Re 30% to 100% PS &E Civil Engineering and Landscape ArLhitc-ture Services Pacific Avenue Improvements Proposed Project Project Site Located along Pacific Avenue from 6 "' Street and I I' Street (approe 1,100 feet) in the City of Bremerton Na ture of Development I he proposed project will tronsist of redevelopment of the existing Pacific Avenue street corridor within the existing Right -ot -Way t,Wli low impact dciign (1 ID) and green stormwatcr infrastructure technigiies, including landsi-aping and irrigation to nnanage, treat and infiltrate stormwatcr I'he tollowmg scope will cover the 30% to 100% PS &L tasks which are work activities thorn middle of January to take the project from the ` ' task thiough 30% to 100% PS &E /bid. Please refer to the previous "interim" scope for the original tasks I through 5 Schedule: R is currently anticipated that notice to proceed for this s,.ope will be issued late- January 2011 and will conclude at the start comtruction at the beginning of tune 2010 SCOPE OF SERVICES Civil Engineering Task 6 — 30% through 100% Storm Drainage and LID Design Plans, Specifications 1 andscape Architecture $32.160 Environmental Restoiatlon Uhjeclive Planning Commencement and cormpletion of ~corm Drainage and 1 ID Design Plan~ and Spei ifkati0ns 1205 Second Avenue fbr bid Suite 200 Seattle WA 98101 Ic ltn'lli�'s • Coordination \pith Design I ea m and City �Jhnne 206 223 0326 • rkttend monthly design coordination meetings prm l& ,iminiarized progress ieports - Fax 206 223 0125 Assume 1 meeting in Bremerton, I tcicconteiencc meetings smi,irdesign corn . Assistans-e with Public Open House t h11 do, ton w it lit opi ietat n inlet motion pi qwi ed by 51 R dill ihi% 1(l tilt ( i 1mh and %hall not lie f, irai ded tolliedw imd hi 1dit.l 11w ill% it 111,1711 ' i i INS it 1 iw,% Nim, I '\I I t tit kti\hdii ud11 t' (out. \N�. ~burst apt (1111 1 lilrt „11,1111 till Ni it'I,1,PL ,11 6%Olk I,u. Cduardo Aban City of Bremerton Pacific Avenue Improvements - 6' Strect to 10' Street January 19 2011 Page 2ot6 • Develop plan, for the following sheets u Storm Drainage Storm Drainage and LID Civil Details • Develop Storm Drainage Report • Develop Technical Specifications for Storm drainage. porous pavement and L ID features Delivetables Participation in monthly design coordination meetings )o Participation in Public Open House Y Design Plans, for the following sheets • Storm Drainage (3 sheets) • Storm Drainage and IAD Civil Details (2 sheets) > Storm Drainage Report > rechnicai Specifications for Storm drainage, porous pavement and 1.1D features A ys rrnymons • Only SvR's project manager to attend the meetings • There will be one 3 hour Public Open House held following the 30% PS&F submittal One SvR representative will attend the Public Open house Boards and materials to be provided by ethers • Design Plan submittals will be at 30%,60%,90%, 100% Bid • Design Details submittals will he at 60 %, 90 %, 100 Bid • Storm Drainage Report submittals will be at 60% and completed at 90% • Specifications per WSDOI format will be provided at 60 0 ,o (dralt), 90 %, and 100% [aid submittals. • City permit review (limited to 1) mud WDOT review (limited to 1) will be concurrent and will occur at the 90% design plan submtttal • C ity permit and WSDO f review comments will be nteorpolated Into the 100% Bid submittal • Civil Engineering items not included in this scope are by others Task 7 — 30% through 100% Landscape Design Plans, Specifications $9,730 Ogle, tive Commencement and completion rat the land—,cape Design Plans Specifications for but IC111111e% • Couidmation with Design f cant and City • Develop plans for the following nheels • Landscape Plans • Site Amenities /Site furniture • Landscape Details • Develop 1 echim al Spec if ications for landscape and site amenities l elive1ables Deign Plans, for the followute,hects ,ii) 90% R 100 0 1 andscape Plans (; sheets) flrn rime ►unelu n 1 >1 up11�1u1v u1j�1111utrun p1 t put ed hi StiRJ <�1 1h0 p1 "/t 0 Pill aNd ,Trull not ht. Jmii cvpi< w wed hr nik pal n ohow ui iten prl MAunN I , 1I L 1 i,l KS %I duardo\hioIIL A%L I irulu ga`nth 1 lieu oa,uh mAS%R Nt. yic I »„rk dnL i I I rdiwido Aban -Citr of Brcmtitun Pacific A%enue Improvements — b' Street to I I d ' Street January 19, 3011 Paae of 6 o Site Amenities/Site f unuture (3 Nhectc) I amdscape Details (2 sheets) Y 1 cchnical Specifications for landscape and site amenities rte 901/6 & 100% f �ttu►q�t o Design Plan submittals will be as tullows o 30% - plant list and sketch of the typical plant layout for one rain garden, cut sheets of street amenities for city review and cooidination w /team o 90% & 100% Did - Plans showing repetition of typical plant layout and street annenthes r) Specifications per WS DOT format will be provided at the 90;% (draft), 100% Did submittals o City permit review (limited to 1) and WDUT review (limited to 1) will be concurrent and will occur at the 90% design plan submittal I o City permit and WSDOT review comments will he incorporated into the 100% Bid Submittal I D Land%cape Architectural items not included in this scope ale by others i I Task 8 — 30% thromb 100% Irrigation Design Plans, Specifications $8,198 Objective Cuninlem. .Bent and coiuplrttun ufthe Ini,.ttiun Design Plans, Specifications fui bid I ,lcrrnrtrec • Coordination with Design Team and City • Develop plans fur the follow pig sheets o Irrulation Plans o Irrigation Details • Develop Technical Specifications for irrigation relit ei (iblev Design Plans, for the rollowing sheet~ !rD 90% & 100% o Itrigation Plans (3 sheets) o Irrigation Details (2 Sheets) lechnical Specifications for litigation (> 90 & 100"' J � , rutrpl runt o Design Plan submittals will be as follows o 30% - List of proposed materails for the sprinkler system r•) 90% & 100% Bid - Plans sho%� ing irrigation inning plan controller and sleeve locations o 'sprinkler system to be design -build based upon a performance specitication r) Specification, per WSDO f format will he provided at the 90% (draft) 100%130 submittals o City permit review (limited to 1) and WDO f ievtew (limited to I ) will be conuitTent and will occur at the 90% design plan submittal l lrn clue lanellr n WR /o1 thty l,l nit'ct only and Shull not he /r„ it t0 ded t of wd r,l' wed hi wi t'1 14111e% 11 rtlrr,lrr N I rrrtlr PO n1b11r 1 11 1 1 Itil 121 i duatao Pat tilt ht ,tribe ipt r I iiwk n.uitwi- %it' of wmk du, 1-duardo Abtin — City of Bremerton Pautic Avenue Improvements — h "' Sheet to 1 1' Ntreet January 19, 2011 Page 4 of 6 • City permit and WSDOT review wmments will he incorporated into the 100% Bid submittal. • I andscape Architectural items not included in this scope are b% others Task 9 - 30% through 100% Street Lighting Design Plans, Specifications See fee provided by Tres -West Task 10 - 30% through 100% Cost estimates for Storm Drainage, LID Design, Landscape, Irrigation S4,946 Objective Use the 30% & 100% plans develop an Fngiieer estimate of probable cost estimate Acl n tltes • Engineer's estimate of probable costs 30% & 100% plan submittals Del tc et ahl"s 5- Engineer's estimate of probable costs 30% & 100% plan submittals Assumptions o Estimate will be for only items within SvR se.ope based upon the 30 %, & 100% plans Task 11- Sustainable /LID Design Strategies dl: Operations Manual $40,554 Objec tt ve Compile a Sustainable /LID Design Strategies and Operations Manual for use by the City of Bremerton tar the Pacific Avenue protect and future road projects • Coordination of sustainable strategies and ideas with City staff • Refine the tollowung a list of sustainable strategies to be evaluated o Living Inha,tructuie • Biotiltration,y,teni, (lain garden. bto,wale ice box tilter,) • green Root and walls • Soil Amendment • Lasting Street I ree pre,crvation • New street tice urowth (Silva cells) o Stoun\sater Cistcrns ' Pavements • Porous asphalt • Poi ou, concrete • Porous pavers • (travel pavement l ho doe uinent to la opi rc n et i Ji R lot rho pi isle t t wilt and +hill nest he lr,l'ttarr11'11 L01 „t 45tdbi .,,her peon, t mihout itrnit'll pell,lhtlew I `AI I l,1 Rti Utur(I-oI icm. \ti mr,Ll ,ipt mh -I Ith a 11 No,k 0 o, Eduardo Aban — City of Bremerton Pacific Avenue Improvements — h' Street to 11 "' Street January 19, 2011 Page 5of6 • Grays pavement • Wn nn nim asphalt 0 1 nergy Conservation • 1 ED Lighting • Decentralized Energy o Street Design Concepts • Complete Street • Green Alley o Construction • Onsite material reuse • Recycled Materials • Locally sourced material • Reduction of construction impacts (water, air, noise) • For each sustainable strategy from the refined list, the following will be evaluated as applicable O Appropriate applications O T ocal Availability o Approximate upfront cost o E\pccted maintenance requirements General Specifications to be adapted for future piolects Dellve► abler List of sustainable -ont epta to be rained Draft manual and specifications for wty rev iew and continent (60 %) — (1 PDF) final Sustainable /LID Design Strategies & Operations Manual and specifti ations and specifications (l hard i opy and 1 PDF copy) o There will be 4 meetings with City of Bremerton Staff o Strategies discussed in the manual will be a based on a City approved list of sustainable strategies — it is assumed that the list will not c\cecd 20 sustainable strategies Task 12 — Greenroods Certification $11774 Objective Compile and aubrri t the documentation provided by the Pat-itic ^venue proleo team for evaluation by the Greenruads rating system k tivitles • Meet with City staft to deternime appropriate level of Lertiiic,atwn IUI the project • Coordinate with City staff on the Greenroads sating system • Complete the Greenroads rating system applii,ati011 for Pacific Avenue • Coordinate receipt of credit doi,unientation lions the design team contraLtur and ownci for L.redits that the project i% pursuing 11111 tlNC IlllielTl 1P t/l ( >�)! ILiQ1 1 Jl7�Il ll1(lllUlT ill rtlrll l'tl hl \1 R lot rhi% f i filet i oidt rill l Nhall not be fr+l `1 d/ ded t opied o/ !ht d bi Ui1TP/ t7tl/ Ilt'S 11 1J/TulN li / flldll tR / INl �IU1T r k \I l i yl Its ! Aulrtlu`I'auh� , \t¢ yltlttx1pC hlh I lilt l m,idram 1t K son1 ni N', rA 1, +t I duardo Aban — C ity of Breierton Pacrtic Mum Iniprowmicnis - 6 °i Street to 11"' Street January 19, 2011 Page 6 of 6 • Complete documentation for credits that tall within SvR s approved Iasks I through 10 • Compile and submit documentation for review by the Greenroads rating system • Respond to any questions Itom the Greenroads rating system UC111 able% i Greenroads rating s).tem application y Compilation of Greenroads taking �.ystein documentation tcSwNh /rate • ritere will be one meeting with City of Bremerton Staft • I he design team, contractor and owner will provide documentation for the credos that apply to their scope • Approminately 37 credits will be applied for the Greenroads registration fee and certification review fee (appror $5,000) to be paid directly by City and it not included in this fee 0 Work under this task will require prior written authomation front the City FEE For the scope of service desw shed above, SvR shall he paid a lump sum per task above with and allowance of $5,168 for teimbursables. I he hours per task are outlined within the attached l hr+ ,1„, rrm(m n /n r,1n rewrt h) Ni R /,n rhrs pi op t t , nr1y aad 'hull n„/ hr / 11,11 ded I,y or list d ht other l a t t % it Owl// to 11ferr I- ellI+r+v I % \I I I' \1 12V MIOTI� IIIL \%C "I' o.1 I IIh k onadt III %StK\%topl. of `toil, 10t ('RrS WFS I I N01NFFItS, INC January 5, 2011 Eduardo Aban, PE, Civil Engineer City of Bremerton, Engineering Division 3027 Olympus Drive Bremerton, WA 98310 RE: ELECTRICAL ENGINEERING SERVICES FEE PROPOSAL PACIFIC AVENUE FROM 8 TH STREET TO 11 STREET, BREMERTON Dear Eduardo Per our discussion with Robert Parish of SVR Design, we are pleased to submit our electrical engineering services fee proposal for the Pacific Avenue Upgrade project Objective • New LED lighting and charging stations on Pacific Avenue from 6'" Street to 11" Street Activities • Coordination with Design Team and City • Site survey of the existing conditions • Attend design coordination meetings, provide progress reports — Assume 5 meetings In Bremerton • Develop Technical Specifications Deliverables • Participation in design 5 design coordination meetings in Bremerton • Design plans, for the following sheets • LED lighting and charging stations (8 sheets) • Technical Specifications Assumptions • Design plan submittals will be at 30 %, 60 %, 90 %, 100% Bid • Specifications per WSDOT format will be provided at 30% (outline) 60% (draft), 90 %, 100% and Bid submittals • City permit review will occur at the 60% design plan submittal • WSDOT review will occur at the 90% design plan submittal • City permit and WSDOT review comments will be Incorporated Into the 100% design plan submittal • Engineering Items not Included in this scope are by others Our fee for the proposed wol k scope Is $ 21 400 00 per the attached detailed breakdown If you have any questions, please contact me at 253- 472 -3300 or via email at chl(u)treswest com Sincerely, Charles Li P E , LEEDO AP Principal Tres West Engineers Inc fir wol.m r ih 0111 lulu 11' X11 doi n' 111 11' ' -,11411 1 J 111 ,il I \lti \I\ k% - 7,1+ III PIN N1 f' +'l lt' +,101 Pacific Avenue TasK -Rote -Fee EXHIBIT C For City of Bremerton FEES SCHEDULE By SvR Design Company Date 01 -19 -11 D E S I G N COMPANY W r COr L Q W J E 4 4 d Q o e � d 0 o co �0 o s cv ao Description Proposed Fee 40 w 60 Uw 4a b% Go ID Tall, 6 - 30 u throu =h 100 u Sturm Drdtnage mid LID Design Plans, Specifications $32,160 13 15 92 96 0 0 82 5 Tabs, 7 - 3001. khrouJt 100`: Landscape Design Plans, Specifications $9,730 5 3 0 0 28 50 0 4 Tas6 S - 30 tltrau,h IUO`/u Imgauon De�l,n Plans, Spccificauons $8,198 4 3 0 0 28 36 0 2 Tast, 10 - 30% through 100% Cost Estimate $4,946 4 1 6 20 6 8 01 0 Task 11 - Sustainable/UD Design Options and Operations Manual $40,664 16 34 66 0 0 206 40 44 Task 12 - Greenroads Certification $11,774 41 131 711 0 0 0 0 2 Sub -Total Fees $107,362 20 471 1371 0 PL 46 Expe nses l $5.368 Total Fees $112,730 Print Date 1/24/2011 1 of 1 Tres West Engineers, Inc. 2702 South 42nd 5t Suite 301, 1 stoma, WA 9A402 (253) 472 -3300 fail (M) 472 3163 FEE PROPOSAL FOR ENGINEERING SERVICES • DATE January 05, 2011 PROJECT Bremerton Pacific Avenue PAGE _1_ of _1_ Prepared By Charles U PROJECT CAD WORD TASK PRINCIPAL ENGINEER ENGINEER DESIGNER OPERATOR PROCESSOR Electrical Engineering Services 1 Site Survey Existing Conditions 6 6 Two Trips 2 Design Coordination Meetings 5 meeting Bremerton 30 3 30% Design Submittals 8 24 32 4 60% Design Submittals 8 16 20 5 100% CD Submittals 8 24 24 TOTAL HOURS 0 60 70 0 76 0 RATE 15000 13000 11000 9500 75001 5500 COST 000 7 800 00 7,70000 0 00 5,700001 000 Sub - Total (Labor Costs) 21 20000 Reimbui sable Expenses 20000 Total Value of Fee Proposal: 21,400.00 1 10105fp d1 Bremerton, Electrical Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows 1 Compliance with Regulations The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 2l, as they may be amended from tune to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT 2 Non - discrimination The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS 3 Solicitations for Sub - consultants Includmg Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non - discrimination on the grounds of race, color, sex, or national origin 4 Information and Reports The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has inade to obtain the information 5 Sanctions for Non - compliance In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not lunited to • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or, • Cancellation, termination, or suspension of the AGREEMENT, m whole or in part DOT Form 140 -089 EF Exhibit H Revised 6105 6 Incorporation of Provisions The CONSULTANT shall mclude the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHNVA may direct as a means of enforcing such provisions including sanctions for non - compliance Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States DATE SUBMITTED January 10, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5L ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Professional Services Committee Meeting Date- January 26, 2011 Agreement with Parametrix for the Street COUNCIL MEETING Date: February 2, 2011 Design of the Pacific Avenue Improvements Department: PW &U from 6 Street to 11 h Street Presenter. Larry Matel Phone 473 -5342 SUMMARY: There are 2 consultants selected to do the engineering design of the Pacific Avenue improvements between 6 Street and 11 w Street One consultant to be awarded the professional services agreement is Parametrix which will be responsible to do the work activities associated with obtaining final permits and approvals, and preparation of plans, specifications and cost estimates necessary to bid and construct the proposed improvements ATTACHMENTS: 1 Council Summary, 2 Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount). The funding source is a Federal Grant in the amount of $442,400 with City match of $10,000 This project is included in the 2011 Arterial Street Funds N10TT0 0CE0D $X5 APPROVALS: DEPARTMENT DIRECTOR- CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR ( J '- COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Parametrix in the amount of ' and authorize the Mayor to finalize and execute the agreement with substantially the same 16s and conditions as presented �JDf to COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action CONSULTANT SELECTION ]Pacific Avenue Improvements (6 Street to IP Street) and highway Safety Improvements Background Request for Statement of Qualifications (SOQ) was advertised October 20, 2010 for the consultant selection for the Pacific Avenue Improvements and Highway Safety Improvements Protect All SOQs were received on the deadline on November 10 There were nine consultants that submitted their SOQs, four were short listed and interviewed on November 22 The 4 consultants were SvR, INCA, Parametrix, and Exeltech Consultant Appointment Prior to the interview of the consultants, it was recognized that it may need to appoint multiple consultants to complete the Plans, Specifications and Estimate (PS &E) for this project After the interviews, information gathered provided basis in knowing the strengths of each consultant that would aid in selecting the consultants best suited for this project It was determined that the tasks would be divided in three categories of work scope, and they are Drainage and Sustamabilrty Design, PSE Coordination/Underground Conversion and Environmental Permitting, and Highway Safety. The consultants that will be recommended are SvR, Parametrix, and INCA Meetings will be set for each of the consultants to discuss the scope of work and fee schedule One factor that can become a mayor issue in this project is timelme available in completing the PS &E, having the bidding published in April 2011, and awarding the contract to start construction in June 2011 It is paramount to closely monitor the schedule and, if possible, start prior to the end of 2010 Parts of completing the PS &E are the PSE coordination for underground conversion of overhead wires, and the acquiring of the necessary environmental permits These two components are critical and it is essential to start immediately within December 2010 to mitiate the process Recommendation Therefore, it is requested that Council authorize City personnel in- charge with this project to enter into negotiation with the Consultants being selected for this project PROFESSIONAL SERVICES AGREEMENT Pacific Avenue Improvements: 6` Street to 11` Street Parametriix The City of Bremerton ("City ") and Parametrix ( "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 January 18, 2011, 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 tune such services are performed H. 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 to Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement M. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $205,318 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement Bremerton/Parametrix Pacific Avenue Improvements Page 1 of 6 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 licensma 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, indemmfy 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/Parametrix Pacific Avenue Improvements Page 2 of 6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $ l ,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General Liabili ty insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations /broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liabili ty insurance with limits no less than $1,000,000 limit per occurrence /claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the right to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage Bremerton/Parametrix Pacific Avenue Improvements Page 3 of 6 VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furrush periodic reports and documents on matters covered by tlus Agreement The reports and documents shall be furnished in the time and form requested Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in 4660 Kitsap Way, Bremerton, Washington Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at its office in 4660 Krtsap Way, Bremerton. Washington Meetings with the City staff as described in Exhibit A, Scope of Work. shall take place at the City's offices, or at locations mutually agreed upon by the parties 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 m 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 Bremerton/Parametnx Pacific Avenue Improvements Page 4 of 6 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 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address Attn Eduardo H Aban, PE Attn Phil Struck, PE 3027 Olympus Drive 4660 Kitsap Way Bremerton, WA 98310 Bremerton, WA 98312 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansrng out of this Agreement shall not be deemed waiver of any other right or power J Non - Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement L Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any Judicial action to resolve disputes ansmg out of this Agreement shall be brought in Kitsap County Superior Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void Vffi. Nondiscrimination: Consultant shall not discrimmate 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 Furthermore, the Consultant shall be in compliance with the specifications in Exhibit H, Title VI Assurances M 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) Bremerton/Parametrix Pacific Avenue Improvements Page 5 of 6 days of the ternunating Party's sending notice to the non - performing Party Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement A Excusable Delays The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools. or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable. the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay B Rights Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By By its its Date Date Approved as to form Attest Bremerton City Attorney City Clerk R \LI: GAL \Contracts\FORMS \Professional Services Agreement Form (2003) doc Bremerton/Parametri\ Pacific Avenue Improvements Page 6 of 6 EXHIBIT A p City of Bremerton Pacific Avenue Improvements Final Design Services INTRODUCTION The Pacific Avenue Improvements project consists of roadway, non - motorized transportation and stormwater improvements on Pacific Avenue between 6` Street and I I 1 Street This Scope of Work covers work activities associated with obtaining final permits and approvals. and preparation of plans, specifications and cost estimates necessary to bid and construct improvements This Scope of Work supplements the early utility coordination and permitting work activities described in the scope of wort. dated December 6, 2010 The following tasks are associated with this Scope of Wort. Task 01 — Meetings, Coordination and Project Management Objective: Obtain project data, develop project work plan, monitor and manage scope, schedule and budget, and periodically meet with the City and other members of the design team to review project status Activities: The following activities are associated with this task • Develop work plan identifying major work elements, deliverables and milestones • Prepare a detailed schedule showing all major tasks, meetings and review milestones • Schedule, prepare for, attend, and document up to six project meetings that will include the Consultant and the City, either in person or by conference call Intersection and LID design coordination meeting 30% (schematic) design review meeting 60% design review preliminary design 90% design review meeting Up to two other meetings to review specific design elements or challenges • Coordinate and attend a project open house at the 30% complete level The purpose of this meeting will be to inform local residents and business owners of the proposed design, construction schedule and potential traffic changes Prepare comment forms and communication procedures Prepare a draft and final press release to distribute to local newspapers and stakeholder groups Identify and schedule a venue in the project vicinity for the public meeting Prepare presentation materials and displays C nv of Bremerion 237 -1896 -853 Pacific Alenne improtemenls 1 Jarman 18 2011 or • Manage and direct the project technical team • Provide routine project management and communications (scope, schedule, budget, invoicing, etc ) • Prepare detailed monthly progress reports and progress billings and submit to the City for approval and payment The monthly report will include A narrative of the work performed and the tasks to be performed in the next reporting period, and, if necessary, explanation of delays problems, responsive action requirements by the Consultant and the City, and other project needs An update on schedule progress A summary of actual versus scheduled costs Deliverables: The following deliverables will be prepared • Work plan, including schedule • Routine correspondence including monthly progress reports • Meeting agendas and notes • News release, comment flyer, and presentation materials for public meeting Assumptions: The following assumptions apply to this task • The duration of the project is estimated to be five months • Information distribution will use newspaper article, flyers and other appropriate methods to announce public meetings and traffic sequence during construction Signs would be provided by the City • Communication tools developed for the open house will provide contact information and a procedure for responding to comments • One public meeting will be required Up to three Parametric staff will attend the public meeting Task 02 — Preliminary Design Objective: Prepare preliminary engineering plans, specifications and estimated costs for the project Approacir The following activities will be performed C Coordinate design with the internal and external project team This will consist of a design development meeting to determine coordination procedures and schedule, Crn of Bremet ton 237 - 1396 -853 Pacific lvenue improvements 2 Januarn 18 2011 followed by Parametrix hosting and coordinating an FTP site for exchange of design information between design team members • Coordinate and meet with Kitsap Transit and the Arts Commission Coordination will consist of providing plans, soliciting feedback and incorporating comments • Coordinate and meet with the Downtown Business Association Coordination will consist of a presentation of the project plan and traffic control concept, soliciting feedback and incorporating comments • Coordinate and meet with SvR. to integrate landscape LiD and hardscape elements Coordination will consist of one meeting in Bremerton and communication throughout the design process • Coordinate with the City on incorporating City designed water and sewer utility improvements Coordination will consist of evaluating impacts of design (by others) of water and sewer utilities and incorporating water and sewer utility changes into the roadway plans • Assist the City in preparmg the base map for the project by creating a digital terrain model (DTM), labeling City mapped surfaces and features and conducting a site walk to review completed snapping • Review existing property boundary and monument information and map right of way on Pacific Avenue • Prepare preliminary street design including horizontal and vertical alignments (4 sheets showing plan and profile at 1 =20' scale) • Prepare roadway typical sections (one sheet) • Prepare schematic intersection plans for the 6` Street and I 1 m Street intersections and meet with the City to review intersection design criteria and options Based on the results of the meeting, prepare preliminary intersection plans that show primary channelization, signalization and pedestrian facilities • Prepare prelininary power design plans showing location of luminaires and other electrical fixtures (designed by others), underground utilities and customer conversion areas Evaluate potential underground conversion construction limits and identify potential construction casement /right of entry limits • Prepare a Technical Memorandum that describes the power customer conversion process, construction requirements, contracting options and estimated construction costs • Prepare preliminary Site Preparat►on/Demolition Plan that shows vertical and horizontal limits of demolition On ofBi emerton 137 -1 896 -453 Pacific Ai enue Improvements 3 Januan 18 2011 Discuss design challenges, constraints and concepts with the City and the design team via telephone /email correspondence o Prepare a Technical Memorandum that describes proposed traffic control plans during construction including consideration of ferry and commuter traffic a Prepare an outline of the Special Provisions section of the Specifications • Prepare an opinion of probable cost based on the proposed design Delivershles: The following deliverables are associated with this task • Schematic (15 %) intersection plans for the 6 ° ' Street and I I th Street intersections • Preliminary (30 %) engineering sheets as follows > Street design (4 sheets) ➢ Typical cross - section profiles (one sheet) > Intersection plans (2 sheets) > Power design (2 sheets) > Site Preparation/Demolition Plan (2 sheets) • Traffic Control technical memorandum • Power customer conversion technical memorandum • Special provision outline Assumptions: The following assumptions are associated with this task • Preliminary design and cost estimates will be to the approximate 30% complete level • It is anticipated that the existing road alignment will not be modified • Base map development will consist of working with field mapping data generated by the City No field mapping is included in this task • Rain gardens, porous pavements and landscape will be designed by SvR Streetlight type and location will be designed by SvR with conduit and wiring designed by Parametrix It is assumed that preliminary engineering plans, specifications and cost estimates will be developed by SvR concurrent with roadway plans bemg prepared by Parametrix, and that this design coordination will be facilitated by the City It is also assumed that that preliminary design, specifications and unit costs will be provided by SvR at the 30% level to allow integration with other design elements City of Brenzei ton 237- 1896 -853 Pacific Aienne lmprolements 4 Januan 18 2011 y v cs'S, :a • intersection design scope assuines no more than 50 -feet of roadway will be affected on each side street and 100 -ft on 6` Street and 11th Street intersections The scope assumes a road diet concept design for 6` Street and 11 h Street intersections will be determined by others • No traffic /level of service intersection analysis is included in the scope • Power customer conversion design assumes schematic point of connection detail and use of typical connection details and that design of individual power connections will not be necessary • Vertical profile adjustment, if required, will be minimal • Base map survey will be done by the City • Final water and sewer utility design, specifications and cost estimates will be provided by the City prior to development of the preliminary design • Comparative cost estimates will be based on a combination of historical information on recent similar local projects, recent WSDOT bid tabs, and a more detailed analysis for the major components • Design will be produced in English units Task 03 — 60 %, 90% and Final Plans, Specifications and Estimates Objective: Prepare the 60 %, 90 % and final plans, specifications and cost estimates Activities: The following activities would be performed as part of this task Prepare 60 percent complete plans that show plan and profile, typical sections, cuts and fills streetscape features, alignment, and drainage facilities Plan sheets will contain plans and profile at a 1" = 20' scale The 60 percent plans will consist of the following sheets Cover Sheet with Vicinity and Location Map > Key Map and lnde\ Sheet > Typical Roadway Sections (2) Site Preparation/Demolition (2) > Paving/Drainage Plan and Profile (4) Roadway Details (2) > Pacific — 6` Intersection Details Cav ofBi- einerlon 237 - 1396 -853 Pacific avenue linproiemeniv 5 January 18 2011 Pacific — I V h lnterscetion Details 7th, 8th and 9` Street Intersection Details > Channelization and Signing Plan (2) > Channehzation and Signmg Details (2) Hardscape Details (2) > Street Conduit and Wiring Plans (2) > Street Conduit and Wiring Details > Underground Power Conversion Plan (2) Underground Power Conversion Details > Temporary Traffic Control Plan > Temporary Traffic Control Details • Prepare 60% complete Construction Cost Estimate • Prepare 60% (draft) Special Provisions • Prepare 90% complete plans consisting of the sheets shown in Task 01, and the following additional sheets Legend, Abbreviations and Notes > Sur Control and Notes > Existing Conditions (2) TESC Plan (2) > TESC Details • Prepare 90% and final Construction Cost Estimate • Prepare 90% and final Contract Documents • Submit 90% plans and contract documents to WSDOT for review and comment Deliverables: The following deliverables are associated with this task • One hard copy and one pdf set of 60% Plans on l 1x17, Preliminary Special Provisions and Cost Estimate Cin of Bremerton 237- 1896 -853 Pacific 41enue Impiaiemems 6 Jamiary IS 2011 9 3 0 O © 0 317 D P eJ • One hard copy and one pdf set of 40% Plans on 11x17, Special Provisions and Cost Estimate • AutoCAD and pdf files of all drawings — provided on CD • One hard copy and one pdf set of 100% Plans on full sized sheets (sealed by Washington PE), Special Provisions and Cost Estimate Assumptions: The following assumptions are associated with this task • Topographic survey will be provided m CADD by the City and will include all necessary design information • No right -of -way plans and easement exhibits will be required • Typical roadway sections will be incorporated m the design Pavement design /specs/ costs, LTD design /specs /costs, landscape design /specs /costs and streetlight design /specs /unit costs will be provided by SvR • Signalizahon plans, specification and costs will be provided by Inca Engineers • It is assumed that raised intersection design will not include an embossed art feature • Final water and sewer utility design, specifications and cost estimates will be provided by the City ui electronic CADD, Word and Excel format for incorporation into the bid documents it is assumed that the water and sewer improvements will be bid as a separate schedule • Special Provisions and all drawings will follow WSDOT format • No retaining walls will be required • Parametric will prepare the bid ready contract documents including legal documents and all required special provisions and appendices • The City will provide the legal documents section of the contract documents in Word format • 2010 WSDOT Specifications will be used Special Provisions will tollow WSDOT format • No significant changes will be made to the layout developed at the 30 percent level Task 04 — Final Permits, Approvals and Utility Coordination Objective: Assist the City in obtaining final NEPA and SEPA approvals, and finalizing Design and Constriction Agreements with PSE Activities: The following activities will be perfonned Cin of Bremerton 237 -1896 -853 Pacific Atenue Impotiements 7 January 18 2011 0 0 • Coordinate with WSDOT and the City through the permitting process to ensure timely permit review and approval • Coordinate with PSE and other utility providers on final design This will consist of the following activities Up to two meetings with PSE and/or other utility providers to review design plans and exchange information Review and comment on PSE Design and Construction Agreements • Develop a mailing list, and prepare and distribute a notification to adjacent land owners regarding the cost and process for underground conversions • Prepare a right of entry request for distribution to adjacent land owners to address construction of underground conversion between the right of way and existing structures Deliverables: The following deliverables are associated with this task • Email and telephone records of communication Consultant will keep a utility communication log for this activity • Comments on PSE agreements • Adjacent land owner notification flyer • Right of entry agreement form Assumptions: The following assumptions are associated with this task • Permit applications are to be prepared and submitted as part of the Early Utility Coordination and Permitting scope of work • No additional technical information will be required to support permit applications • Up to 20 hours of agency coordination during the pennit review process is assumed to be required • There will be one round of comments on PSE agreements • The adjacent land owner mailing list will be developed from existing GIS /assessor data The notice will be one page and will include a typical schematic depicting underground conversion elements and construction responsibilities It is assumed that the City will obtain right of entry Task 05 — Directed Services Objective: Provide additional technical services as requested and authorized in writing by the City Cin of Bremer ton 737 -1396 -653 Pacific 41enue improvements 8 January 18 2011 Activities: The following activities may be associated with this task • Coordinate and meet with the City, adjacent property owners, business owners /groups, and other project stakeholders • Prepare additional information to support utility coordination This may include additional support for negotiation of costs associated with PSE and additional coordination associated with customer conversations • Prepare additional engineering design for project elements that are added to the scope of work due to unforeseen conditions or opportunities Deliverables: The following deliverables will be prepared • Information associated with directed services Assumptions: The following assumptions apply to this task • Up to 10% of the cost of labor associated with Tasks 1. 2, 3 and 4 may be provided under this task as shown in Budget Task 5 • Work under this task will require prior written authorization from the City Can of Bremerton 237- 1396 -853 Pacific 4%enue Inaptovemcnty 9 Jmmary 18 2011 PAfuuaETRIX BUDGET ESTIMATE ram Gl P r) H 41 I D „G6 EX IT C Part Pac$fe Avenue Improvements - Final Design CLIENT CITY OF BREMERI ON 1'h11. p BILLe G Sr Phnom M Hai PLS Pusey STAFF PM Strud PE Hannan Erguleer Urban Op $I GOM1.WWitt B Sr Engin— CADD S I Srnvoy Tern it Pr q Cmd L 214 829 MULTIPLIER OmkuM Holtman wehh Frenkkn Rasmussen i Bmms Ho9mm TOTAL BASE TOTAL PHASE TA$K CTG COPE 310 BILL RATES $4839 $4479 $4204 $4839 54839 $4839 $2288 $3324 $4839 $3700 $2164 HOURS Coil COST 2 1 _ Mutings and Coordination - -- -- _ - -- - - - - - - -� -- -_ _- -�-- -- - - - —_ _ _ - - - -- Meetings with C ity (6) 20 10 8 8 4 I 50 $2 332 70 S7231 - _ -_ Public Meeting support - - - - -- - -- 8 2_ - _ _ 2 4 4 - _ _ _ _ - 4 - _ _ -__ - _8 32 _ $1 212 54 $3759 Project tlanagement 48 1 _ 24 72 1 $2 842 08 S8810 _ Subtotal 76 12 10 12 8 4 32 154 $6 387 32 $19801 2 _ 2 Preeminary De sign (30 %) _� - - - -- - - -- - -- - - - - -- - -_ - __ _ _ - -- _- Design team coordination and FTP set up -- 2 4 ' 4 - - - -- _ 10 $367 46 $1 139 Design coordination with KT and AC 2 4 4 16 _ _ -, _ 26 $ 1 2 3 - - $3777 Design cDordmabon for wet ubhbes 1 16 _ 8 10 _ _ 3 5� $13301 3 _ _ S412 Base Map Development 1 _ -2 - - __ 2 - _I 6 32_ 43 _ $165807 55140 R ight of Way ma 05 2 _ _ 2 14 19 _ $837 00 $2595 Hardscape•landscape coord with SvR 2 _ 4 ` 8 2 16_ $7 $2197 Street design ( 4 s heets) - -__ _ _ _ _ _ 2 16 _ - - _ 8 -_ _- _ -_ 1 32 _- _ _ - - 58 $193270 - _ $5 991 Cross se ctions - ` -_ -_ 0 5 - - _8 - -_ -- 8 1 _ s565 56 _- $1753 Intersection schemabcs and design coor dmabon 2 8 2 8 20 $73492__ _ $2278 -- Pacific 6th Intersection plan - - - _ - - -- -- 2 -_- -_ 6 - 2 8 20 $734 92 $2276 P acific 11th i n ter secbon_plan - -- - 2 8 i 2 8 -- - 20 S73492 $22 78 - -- - _ - - - - D emo h bo n sch ematic puns (2 s he e rs) - - - - _ _ - 2 -, -- - - 10 _ _ _ _ _ -- - - -- 6 - _ � _ _ -) ^- _ - - - 20 $700 - - -- $2171 Power conversion plan TM 4 4 _ _8 ! _ _ 8 8 _ - - 32 - 51 27 920 $3966 Power schematic plans (2 sheets) 0 5 _ 4 -- 8 8 _ _ 21 - $7 7352 $2398 Traffic Control TM 4 8 4 4 - 20 $81156 $251 _ _D BA Coordination 4 4 4 _ 2 2 _ 8 24 S85 $2655 _ Preliminary cost estimate _ 2 4 2 _ 2 2_ _ 12 $553 58_ S1 716_ Special provisions oubme 2 2 1 1 5 $23475 $728 Subtotal 36 106 40 41 _ 2 18 114 - 8 417 - 516 032 22 S49700 2 _ 3 80% 90% and Final PS&E - _ Revie an d I 30% comments_ -- 2_ 4 _ _ _ _ 6 $ 2759 4 $855 Cover Sheet with Vicinity and Location Map _ 1_ _ _ - - _ 4 -- -; - - 5- _ S 13 31 $423 -- _ - Key Map and Index Sheet - -- _ - - - 1 _ _ - 4 _ - - _ 5_ $13631 $ 423 - Legend Abbrowabons and Notes _ _ - 1 _ - 4 _ 5 $13631 $423 Survey Control and Notes _ _ _ _ _2_ - _ - 4 -, _ 6 _ $181 1 0 $561 Existing Cond (2) _ _ _ 1 _ _ _ 8 _ _ 9 $ 227 83 _ _ $706 Typ Roadway Sections ( 2 10 1 16 I 2_8 S9107 $2823 _ TESC Plan (2) - -- - - - 1 1 12 -- 16 _ 30 $96374 $29 88 TESC Details _ 05 1 8_ 4 _ _14 $4 _ $1540 Site Preparabon/Demohbon (2) - - 1 1 - 16 _ 16, - 34 $1 13190 - $3509 - Paving/Drainage Plan and Profile (4) - 2 40 8 2 64 116_ $3 785 80 $11736 — - - Roadway Delalls (2) - - - - 1 -- 8 2 _ 12 _ _ 23 $778 05 - $2412 Pacific - VIntersection Details 2 24 2 16 44 $163460 $50 67 Pacific -11 Intersection Details 2 24 2 16 44 St 63460 $5067 PdcifiC Ave Final DeS3gn_FLnal ©udget_01 19 11 Page 1 c «.n 0 PD 0M6 ParRnuterwx BUDGET ESTIMATE EXHIBIT C Part Paci Avenue Impro - Fina Design CLIENT: CITY OF BREMERTON PNIX k BILLING Sr ENh.r Urban Desgn Sr G..Ii TB I Sr Englriem CADD S pianrer M Hatl PLS Puaer I Survey T.0N Prq C -dL MULTIPLIER SfAFT PM SVUW� PE Hannan S, Huemen Webb Frmdim i Raamu^:.pi I aroma i HOeman 234 2237 R29 rOrAL BASE TOTAL PHASE a ORG CODE 310 BILL RATES $4839 $4479 $4204 $839 $4839 I 54834 $2288 $3324 $4639 $3700 i $2164 HOURS C-I COST 7th Bth and 9' Street Intersection Details 1 I 16 , 2 12 _I _ - _ 31 - - $t 13637 $3523 Cha_nn and Signing P lan (2) _ _ _ 1 2 _ 2 _ __16 _ 32 $1097 12 $ 3 40 1 Chan and Signing Details (2) 1 12 2 I 8 23_ S865 _ $2684 Hardscape D (2 2 2 64 40 108 $ 198 52 $13015 Conduit and SYrmg Plan (2) - -- -- -- - -- -- 1 _ 4 - - -v I _- 1 _ 12 A _ _ _ 33 $1 27635 $3 Un derground Power Conversion Plan (2) 2 8 16 16 _ _ 42 _ $1 49 $4631 Un Pow er Co Details 0 5 4 16 _ _I 8_ _ $1 05904 - $3 Temporary Traffic Control Plan 1 16 12 _ 29 $1 0 3 9 59 $32 _ Tempo ra ryT raffic Control Details - 05 j 4 _ - 8 13 $ $1 198 60% percent special provisions and cost estimate 4 8 8 14 4 4 8 50 $202 86 $6 274 Incorporate water and sewer P SBE into bid documents_ 1 4 8 _ 4 17 5497 1 _ _ $ 1541 90 %PSSEWSOOT Rev Submitt 4 8 8 8 4 8 4 44 $17 3848 $ Flnat Bid Documents and cost estimate 4 12 4 4 4 6 8 44 $164248 $5092 Subtotal 38 229 96 104 28 1 344 24 863 53088494 595743 2 4 Final Per Wily Coor m_netion - - Final NEPA Coordraabon -- -- -_ - ~ -- - - 2 - f _ _ _ — - -- 8 _ _ 10 $352 7 $1 124 Final SEPA Coordinabon 2 6 10__ $36270 $1 124 Customer conversion coordinatio 4 4 24 B 40 _ _ S1 64760 $5108 - _ P S E D Ag reement su - - - - -_ _ 4 — 4 _ - - 4 -_ _ - _ - -- - _ _ _ -- 1 13 $56252 _ — Sl 744 PSE Construction Agreement support 4 4 4 1 13 $56252 $1744 Subtotal 16 12 32 24 2 86 S149804 $10844 2 5 Directed SaMces 10% of Task 1 2 3 and 4 labor - -� S17609 Subtotal $17609 Labor Subtotal at Currant Salary Rates 165 359 178 157 10 1 48 462 24 86 1,519 $58,80251 $193,697 Expenses I I i Expense Abocalon at 6% of laws I i $11622 TOTAL $205318 Prepared By Phil SVuck Reviewed By Bill Webb (Protect Minager) Pacific Ave Final DeD3gn_Final Budget_O1 19 11 Pago Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows 1 Compliance with Regulations The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from tune to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT 2 Non - discrimination The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS 3 Solicitations for Sub - consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non- discrimmation on the grounds of race, color, sex, or national origin 4 Information and Reports The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information required of a CONSULTANT is in the exclusive possession of another who falls or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information 5 Sanctions for Non - compliance In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and /or, Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6/05 6 Incorporation of Provisions The CONSULTANT shall mclude the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance Provided, however, that in the event a CONSULTANT becomes involved m, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States DATE SUBMITTED January 10, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Committee Meeting Date. January 26, 2011 Agreement with Tetra Tech INCA for the COUNCIL MEETING Date February 2, 2011 Bremerton Highway Safety Improvement Department. PW &U Program Presenter Larry Matel Phone: 473 -5342 SUIVEVIARY: The consultant to be awarded the professional services agreement is Tetra Tech INCA which will be responsible to do the work activities associated with evaluation of candidate locations, develop a hierarchy or prionthzation for improvements implementation, and prepare plans, specifications and engineer's estimate for the installation of the safety improvements. ATTACHMENTS: 1. Professional Services Agreement, 2 Council Summary FISCAL IWACTS (Include Budgeted Amount) The funding source is a Federal Grant m the amount of $85,500 with City match of $5,000. This project is included in the 2011 Arterial Street Funds "TZ4 aJ -P5R ZA "p - �-5, 21 F5 3$ . APPROVALS: DEPARTMENT DIRECTOR w CITY ATTORNEY FINANCE DIRECTOR MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Tetra Tech INCA in the amount of $75,218.38 and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action CONSULTANT SELECTION Pacific Avenue Improvements (6 Street to 11 Street) and Highway Safety Improvements Background Request for Statement of Qualifications (SOQ) was advertised October 20, 2010 for the consultant selection for the Pacific Avenue Improvements and Highway Safety Improvements Protect All SOQs were received on the deadline on November 10 There were nine consultants that submitted their SOQs, four were short listed and interviewed on November 22 The 4 consultants were SvR, INCA, Parametrix, and Exeltech Consultant Appointment Prior to the interview of the consultants, it was recognized that it may need to appoint multiple consultants to complete the Plans, Specifications and Estimate (PS &E) for this project After the interviews, information gathered provided basis in knowing the strengths of each consultant that would aid in selecting the consultants best suited for this project It was determined that the tasks would be divided in three categories of work scope, and they are Drainage and Sustainability Design, PSE Coordination/Underground Conversion and Environmental Permitting, and Highway Safety The consultants that will be recommended are SvR, Parametrix, and INCA Meetings will be set for each of the consultants to discuss the scope of work and fee schedule One factor that can become a mayor issue in this project is timeline available in completing the PS &E, having the bidding published in April 2011, and awarding the contract to start construction in June 2011 It is paramount to closely monitor the schedule and, if possible, start pnor to the end of 2010 Parts of completing the PS &E are the PSE coordination for underground conversion of overhead wires, and the acquiring of the necessary environmental permits These two components are critical and it is essential to start immediately within December 2010 to initiate the process Recommendation Therefore, it is requested that Council authorize City personnel in- charge with this project to enter into negotiation with the Consultants being selected for this project PROFESSIONAL SERVICES AGREEMENT Highway Safety Improvements Tetra Tech INCA The City of Bremerton ( "City ") and Tetra Tech INCA ( "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 January 7, 2011, 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 H. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. M. Compensation: In consideration of the services provided pursuant to thus Agreement, the City shall pay Consultant in an amount not to exceed $75,218 38 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Tetra Tech INCA Highway Safety Improvements Page I of 6 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 tlus 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 ansmg 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, ansmg 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/Tetra Tech INCA Highway Safety Improvements Page 2 of 6 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 anse 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 tlus Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the nght to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and the City shall be given tlurty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage Bremerton/Tetra Tech INCA Highway Safety Improvements Page 3 of 6 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 electromc format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in 400 112th Ave NE, Suite 400, Bellevue, Washington Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices Duplicate copies of tins information shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at its office in 400 112th Ave NE, Suite 400, Bellevue, Washington Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties 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 Severabilrty Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect Bremerton/Tetra Tech INCA Highway Safety Improvements Page 4 of 6 G Modification This Agreement may only be modified by written instrument signed by both Parties H Written Notices All commurucations regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class marl, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address Attn- Eduardo H Aban, PE Attn David R Alm, PMP 3027 Olympus Drive 400 112th Ave NE, Suite 400 Bremerton, WA 98310 Bellevue, WA 98004 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansing out of this Agreement shall not be deemed waiver of any other right or power J Non - Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect K Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement L Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification Furthermore, the Consultant shall be in compliance with the specifications in Exhibit H, Title VI Assurances 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) Bremerton/Tetra Tech INCA Hr hwa�Safety Improvements Page 5 of 6 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 pnor to the completion of the work, the City may summanly terminate this Agreement A Excusable Delays The nght of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controlling, restnctmg, or requisitioning matenals, 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 restncted to, acts of God, fires, floods, stnkes, or weather of unusual seventy 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 wnhng, extend the time for completing the work for a penod of time commensurate with the period of excusable delay B Rights Upon Termination In the event of tennmation, the City shall pay for all services performed by the Consultant to the effective date of termination, as descnbed 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 protect which may be used by the City without restnction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By By its its Date Date. Approved as to form Attest Bremerton City Attorney City Clerk R \L EGAL \Contracts\FORMS\Professional Services Agreement Form (2003) doc Bremerton/Tetra Tech INCA Highway Safety Improvements Page 6 of 6 City of Bremerton Professional Services Agreement EXHIBIT A Highway Safety Improvement Project Development SCOPE OF WORK Project Description: The City of Bremerton (CITY) was awarded a grant as outlined in the CITY's Grant Prospectus to implement measures to reduce the potential' for future accidents at qualifying high accident locations within the city Th610ITY desires to accelerate project development by retaining professional engmeeringk services ,f'The CITY has completed a consultant selection process and selected INCA Engineers, I& (CONSULTANT) to provide the necessary engineering services to support project development €r The CITY will utilize engineering consulting services in the prelim aiy� engineermg phase (PE) of project development to evaluate le s t€ .copeconcepts descnbediin the project 1@ "t 1 k III grant prospectus, either confnnming the existing scope =or identifying and justifying changes to most effectively reduce accident 11 1 services will also be utilized to prepare plans, specificationsean&an engmeerlplestimate (PS &E) for installation of the safety improvements selectedlas most effective in the earlier PE phase, up to the amount availab n this contract The C will continue to assist ff` ss Y g �a �. `h the CITY through the =eventual construction phaselof1he£projecta This contract scope includes all tasks ass to ti ## e`necessar}�t p vide necessary engineering support services throughouttall project dev elopmentiphases = Ekt 1 11 ila , Analysis Mmptions. , i I I I I. i • TTh CITY will ,'provide the1�CONSULTANT with a copy of the Grant Prospectus and other grant materials k 'i � g Bt�� 8Yx' �€ Px • The j � gITY will provide,the CONSULTANT with the necessary traffic count data • The CITY will provide the CONSULTANT with the necessary traffic accident data • The CITY will provid h the CONSULTANT with the necessary intersection improvements drawings and available utility data • The CONSULTANT will act as an agent of the CITY in representing prefect issues to WSDOT, Um eisity�'o' 1 PSRC and utilities Design Standards and References: The following design standards and references are to be followed during the development of the project • City of Bremerton Design Standards, Standard Details, and notes • Manual of Uniform Traffic Control Devices for Streets and Highways (MUTCD) • American Association of State Highway Transportation Officials (AASHTO) • WSDOT Design Manual, Standard Plans as required, and Standard Specifications EXHIBIT A City of Bremerton Professional Services Agreement Page 1 of 4 Traffic Safety Improvement Protect Development Scope of Work January 7 2011 • CONSULTANT AutoCAD Standards • WSDOT Environmental Procedures Manual • WSDOT Local Agency Guidelines (LAG Manual) Task 1.0 Project Management The CONSULTANT shall prepare invoices and progress reports to the CITY In addition this task provides for progress meetings with CITY staff, other consultants and stakeholders, as well as project coordination with outside agencies Five meetings are assumed to be attended by the CONSULTANT �1111pf sit � • Deliverable(s): Monthly invoices and progress reports Ji till Task 2.0 Existing Conditions iti J pp li The CONSULTANT shall review and analyze the rant Prospectus for the, ighway Safety Improvement Project as provided by the Cit 4 ofj�remerton, and all other available analysis, operational data, physical co 1I ., ns, opportuunities and constraints at each candidate location The CONSULTANTwould investigate reasonably retrievable li accident records, conduct visual survey of alIlthe,candidateJocations, and interview key personnel 9 I #� 'IIV 1 1 g • Deliverables • i design narrative featurin 9 lth e compil of key data and presentation of�key findings, pportunitie% and constraints discovered in researching the candidate intersections ° 11', q11 t i1a z !q Taskt3.0 Assessment Recommendations Working ;with the CITY; the CONSULTANT shall evaluate the candidate locations to identify candidate safety mitigation strategies factors to confirm the expenditure plan of the grant prospectus or to offer alternative project components Cost will be a factor in the evaluation to ,make surer implementation will be within budget limitations The CONSULTANT woulddeelop an evaluation summary for the recommended candidate improvement components 3 00 • Deliverable(s): A summary memorandum identifying and assessing the proposed project safety mitigation measures providing a high -level discussion of the evaluation methodology EXHIBIT A City of Bremerton Professional Services Agreement Page 2 of 4 Traffic Safety Improvement Project Development Scope of Work January 7.2011 Task 4.0 Develop PS &E for a Construction Bid Package The CONSULTANT will support the City in the development of Plans, Specifications and Estimate (PS &E) for the project improvements for a total contract price not to exceed $90,500 Project work could involve • Preliminary design (30 %) on multiple candidate protects :��I3 • Intersections with scope to install or upgradeltraffic signal systems. • Intersections with in- pavement flashing systems. • Provision of the signing/marking lighh gADA curb and ramp improvements, and traffic signal equipment' grades lm alignment with the intent of the grant prospectus, pending priontization of available resources m accordance with the Evaluation Report aiid Implementation Plan al zi ° � tHIL • The expenditure plan and wo reflect the most effective utilization of design and construction resources inacc with the Task`3Evaluation ( &t a ` iiffli Report and Task 4 Implementation Plan t1 9gi , ! 11)f • Signing and markingplans will providetclear intent to the contractor utilizing only a schematic�level1 of detail` °I CI, ,�Hqg • CONSULTANT review ofQITY- developed1P @ S &E Ig� 6 a b ;lit' skl�t 4.1 Prehmmary (30 %) Plans land EstunaWPrepa a tion The CONS `M 1 ANT will support C 1& ;ITY in the development of r gg #4 T gp} pp � p preliminary lAR9 ffi[3d3� 7F tf construction plans °and ost estimates for { the candidate construction com onents T 11M , s €Il tj� f # &k p sufficiently by the 1, Evaluation It is assumed that the % e t 6r Ilia M, q. 5&(I, 6 (ti � xt i , l �prelimmary engineenng��and estimatmgteffort would be integral with the Task 3 P Task 4 efforts s and would examine and mature preliminary designs on many "I a �didate projects as part ofith r evaluation effort 4.2 90% Plans Specifications and Estimate Preparation I� £ The CONST I , AN „T pp preparation ll support the CITY in the re aration of 90% Construction P Specifications and Estimate and 90% Design Narrative at the gpimo direction of the CITY up to the amount available in this contract The CONSULTANT shall conduct QA/QC reviews by senior engineers The CONSULTANT project manager and engineer shall attend a design review meeting to discuss CITY comments The CONSULTANT shall prepare written responses to the 90% review comments 4.3 100% Contract Document Preparation EXHIBIT A City of Bremerton Professional Services Agreement Page 3 of 4 Traffic Safety Improvement Project Development Scope of Work January 7 2011 The CONSULTANT will assist the CITY in the preparation of the Construction Plans, Construction Specifications, and Engineer's Estimate to the 100% completion level at the direction of the CITY up to the amount available in this contract The CONSULTANT shall conduct QA/QC reviews by senior engineers The CONSTULTNAT protect manager and engineer shall attend a design review meeting to discuss CITY comments The CONSULTANT shall prepare written responses to the 90% review comments till 4.4 Final Revisions The CONSULTANT shall make minor revisions tohp Specifications and 9l14ll a§ lls Estimate to incorporate the 100% review Mcomments at theIdirection of the CITY up to the amount available in this contract. The final Contract Plans will include all complete drawings with the CON�S engmeenngf stamp, date and signature The Contract Provisions document will The complete and ready to use during bid advertisement The CONSU ' TANT sha "i also prepare of if nal IfTi, ®fill 511E lg1 #tt Engineers Estimate of probable construction cQs t The CONSULTANT shall not make any further changes t, , the l documents without approval of the CITY This Ill E1 1 > �l�llls effort is assumed as a minor effort to address mmor, and specification issues `l�ll� $JOHN _¢ Design changes are not provided,for thisUibmittal 8$An Deliverable(s). i l 4 p • One f '1 full -size E `a er co ay ofth� e Final Contract � Drawm s )# �p� p pY£ g • Five (5) half- sizepaper copy of the Final Contract Drawings ' 11111, 1111f t q � ! � � wo (2) copies #fiFi'na1 iC�ontractg Specifications 1 911 , 1.61 l l � �� • On ( copy � pal Engineer's Estimate m One (4)iCD electronic submittal' files o Pans 1 j l k� 41 r, o Specifications 1 h 1 �l 1 ', o Engineer's Estimate g 1l Task 5.0 Additional Services The CONSULTANT wifflassist the CITY with additional services as directed in writing by the CITY to assist in project development as needed, up to the total contract price not to exceed $90,500 EXHIBIT A City of Bremerton Professional Services Agreement Page 4 of 4 Traffic Safety Improvement Protect Development Scope of Work January 7 2011 EXHIBIT B C_ City of Bremerton Highway Safety Improvement Project Development FEE ESTIMATE $ 54 00 $ 52 00 $ 45 00 $ 32 00 $ 35 00 $ 28 00 Sr Project Protect Project Staff CADD Project HOURS DSC OVERHEAD FEE TOTAL MAJOR TASK DESCRIPTION Manager Manager Engineer Engineer Tech Admin TOTAL COST 140 80% 15% COST 10 Project Management 24 20 44 $ 1,80800 $ 2,54566 $ 65305 $ 5,00671 2 0 Existing Conditions 20 8 8 36 $ 1,54400 $ 2,17395 $ 55769 $ 4,27564 3 0 Evaluation Report 20 6 6 32 $ 1,41800 $ 1,99654 $ 51218 $ 3,92673 4 0 Produce Plans, Specifications, and Estimate 4 1 Preliminary (30% Plans and Estimate) 20 40 60 60 180 $ 6,86000 $ 9,65888 $ 2,47783 $ 18,996 71 4 2 90% PSBE 8 10 70 70 50 208 $ 8,09200 $ 11,393 54 $ 2,92283 $ 22,408 37 4 3 100% Contract Documents 8 8 40 40 20 116 $ 4,62800 $ 6,51622 $ 1,67163 $ 12,815 86 4 4 Final Revisions 2 4 8 10 12 10 46 $ 1,696 00 $ 2,387 97 $ 61260 $ 4,69656 5 0 Additional Services $ _ $ _ $ $ ( Subject to City's direction in writin TOTAL ALL TASKS 1 18 1 106 158 180 156 L4 662 $ 26,046 00 $ 36,672 77 $ 9,407 82 $ 72,126 58 Reimbursable Expenses $9180 Subconsu @ants $3 000 00 TOTAL $ 75 218 38 EXHIBIT Q, City of Bremerton Highway Safety Improvement Project Development DIRECT SALARY COST (DSC) Classification Hours X Rate Cost 1 Sr Project Manager 18 5400 $97200 2 Project Manager 106 5200 $5,51200 3 Project Engineer 158 4500 $7,11000 4 Staff Engineer 180 3200 $5,76000 5 CADD Tech 156 3500 $5,46000 6 Project Administrator 44 2800 $1,23200 SUBTOTAL-DSC 662 $26,04600 OVERHEAD (OH) COST (Including Salary Additives) OH Rate X DSC or 140 80% X $26,046 00 $36,67277 FIXED FEE (FF) FF Rate = 15% X ( $26,046 00 + $36,672 77) $9,40782 REIMBURSABLES Mileage (@ $0 51/ mile) $91 80 Reprographics Postage/ Courier Transportation $91 80 SUBCONSULTANTS Casseday $3,00000 Landau Associates $3,00000 SUBTOTAL $75,21838 GRAND TOTAL - ESTIMATED FEE $75,21838 Prepared By Jennifer Hamilton Date 1/11/2011 Checked By Date Exhibit H Title VI Assurances During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows 1 Compliance with Regulations The CONSULTANT shall comply with the Regulations relative to non- discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS "), which are herein incorporated by reference and made a part of this AGREEMENT 2 Non - discrimination The CONSULTANT, with regard to the work performed during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub - consultants, including procurement of materials and leases of equipment The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21 5 of the REGULATIONS, including employment practices when the AGREEMENT covers a program set forth in Appendix B of the REGULATIONS 3 Solicitations for Sub - consultants, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub - contract, including procurement of materials or leases of equipment, each potential sub - consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this AGREEMENT and the REGULATIONS relative to non- discrumnation on the grounds of race, color, sex, or national origin 4 Information and Reports The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by AGENCY, STATE or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, STATE or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information 5 Sanctions for Non - compliance In the event of the CONSULTANT'S non - compliance with the non- discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE or the FHWA may determine to be appropriate, including, but not limited to • Withholding of payments to the CONSULTANT under the AGREEMENT until the CONSULTANT complies, and/or, • Cancellation, termination, or suspension of the AGREEMENT, in whole or in part DOT Form 140 -089 EF Exhibit H Revised 6 /05 6 Incorporation of Provisions The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every sub - contract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto The CONSULTANT shall take such action with respect to any sub - consultant or procurement as the AGENCY, STATE or FHWA may direct as a means of enforcing such provisions including sanctions for non - compliance Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub - consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY and the STATE enter into such litigation to protect the interests of the AGENCY and the STATE and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States DATE SUBMITTED January 5, 2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 150 ■■ eeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Ordinance No 5 t 3 Committee Meeting Date. January 26, 2011 amending Section 10 04 010 of the COUNCIL MEETING Date February 2, 2011 Bremerton Municipal Code entitled "MTO- Department City Attorney's Office Adoption By Reference" and amending Presenter. Roger Lubovich Chapter 10 11 of the Bremerton Municipal Phone 360 - 473 -2345 Code entitled " Parkmg Enforcement " SUMMARY: The proposed Ordinance amends Section 10.04 010 and Chapter 10 11 of the Bremerton Municipal Code to update and make other housekeeping amendments ATTACHMENTS: Proposed Ordinance � o_ 5 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR- CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT. CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Q Move to approve Ordinance No 5 3 V amending Section 10 04 010 of the Bremerton Municipal Code entitled "MTO- Adoption By Reference" and amending Chapter 10 11 of the Bremerton Municipal Code entitled "Parking Enforcement " COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 513 5 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 10 04.010 of the Bremerton Municipal Code entitled "MTO — Adoption By Reference" and amending Chapter 10.11 of the Bremerton Municipal Code entitled "Parking Enforcement". WHEREAS, the City Council desires to update the provisions set forth in Section 10 04 010 BMC and Chapter 10 11 BMC relating to parking enforcement, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 10 04.010 of the Bremerton Municipal Code entitled "MTO — Adoption by Reference" is hereby amended to read as follows 10.04.010 MTO - ADOPTION BY REFERENCE. The "Washington Model Traffic Ordinance ", Chapter 308 -330 Washington Administrative Code, referred to in this chapter as the "MTO ", is adopted by reference as currently enacted and hereinafter amended as and for the traffic ordinance of the City as if set forth in full in this chapter, except, 1) _ p rovided in Section 10 04.020 and Section 10 04 030 and 2) _d—, Parking on street planting strips is allowed where the City Engineer, upon r - eeen nneadmten of the PaEking Bom , has determined an area does not pose an unacceptable hazard to motorists or pedestrians, the City Engineer has posted signs authorizing such parking and the vehicle is parked upon such planting strip facing the direction of traffic flow SECTION 2. Chapter 10 11 of the Bremerton Municipal Code is hereby entitled "Parking Enforcement" is hereby amended to read as follows: Chapter 10.11 PARKING ENFORCEMENT 10.11.005 DEFINITIONS. The definitions set forth in BMC 10 10.020 shall apply to this chapter In addition, the following definitions are applicable in this chapter unless the context otherwise requires (a) "Director" means Director of Public Works or other department director authorized by the Mayor to enforce this chapter, or their designee (b) "Right -of -way" or "street" means any highway, avenue, lane, road, drive, place, boulevard, alley, right -of -way, way, sidewalk, planting or parking strip, shoulder and every way or place in the City of Bremerton open as a matter of right to public vehicular travel or parking or other similar public use (c) "Recreational vehicle" means a travel trailer, motor home, truck camper, or camping trailer that is primarily designed and used as temporary living quarters, is either self - propelled or mounted on or drawn by another vehicle, is transient and is not immobilized or permanently affixed to a mobile home lot (d) "Vehicle" means truck, vehicle, van, tractor, bus, trailer (including boat trailer with or without a boat situated thereon), recreational vehicle, tractor or semi- trailer, motorcycle, dune buggy, off -road vehicle, or marine vehicle (trailered or nontrailered), whether licensed or unlicensed, or motorized or nonmotonzed, unless otherwise defined 10.11.010 PARKING VIOLATIONS. In addition to those statutes adopte by r-efer-eneeset forth in the Model Traffic Ordinance as adopted in BMC 10 04 010 restricting standing, stopping and parking of vehicles, it shall be unlawful and punishable as a civil infraction for any person to commit any of the following actions (a) Parking in Time Limit and No Repark Zones (1) Downtown Core Where a time limit and no reparking is established by official signs, no vehicle may be reparked on either side of the same named street (i e , Pacific Avenue or 5th Street) in the downtown core during the same calendar day after the expiration of the posted time limit For purposes of this section, a vehicle shall be deemed to be reparked and in violation of this section even if the vehicle is moved prior to the expiration of the posted time limit and is reparked on either side of the same named street (2) Residential Where posted, it is unlawful for a vehicle to remain parked, or to be reparked within four (4) blocks of the original parking location within a residential parking permit area, if the parking time or combined parking time for the vehicle exceeds the time limitations of the parking zone Vehicles issued permits under Chapter 10 10 BMC shall be exempt from posted time limits according to the terms of the permit (b) Counterfeit Permits It is unlawful for any person to copy, reproduce, or otherwise counterfeit a parking permit or to possess any counterfeit copy or facsimile of a City parking permit (c) Unauthorized Use of Permit It is unlawful for any person issued a parking permit by the City to (1) Lend, sell or assign said permit to another, (2) Display any permit issued to another, or (3) Display any permit issued when the recipient of the permit is no longer eligible pursuant to Chapter 10 10 BMC (d) Counterfeit Tokens, Permits or Script It is unlawful to manufacture, use or possess any counterfeit of an official token, parking permit or script distributed by the City for use in any fee collection device (e) Tampering with Parking Meters or Collection Devices No person shall deface, inure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter or collection device (f) Unauthorized Disabled Parking It is a traffic infraction for any person to park a vehicle in a public place provided on private property without charge or on public property reserved for physically disabled persons without a placard or special license plate as provided for in BMC 10 10 140 and RCW 46 16 381 If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate required under this section Additionally, it is a traffic infraction pursuant to subsection (a) of this section for any vehicle displaying the placard or special license plate as provided for in BMC 10 10 140 and RCW 46 16 381 to violate any time restrictions imposed on nonmetered, on- street parking places reserved for persons with physical disabilities as well as nonreserved, on- street parking spaces (g) Expired Registration It is unlawful to park any vehicle in a public right - of -way or on public property without a current vehicle license registration tab displayed according to law (h) Unlawful Parking in City Lot In addition to other enforcement remedies, it is unlawful to park any vehicle in a City -owned parking lot or structure without paying the posted fee or parking in excess of posted time limits or in violation of use restrictions (i) Obliterating Tire Markings It is unlawful to conceal, obliterate, or erase markings on vehicle tires made by a parking enforcement officer for the purpose of recording parking time 0) False Application It is unlawful for any person to intentionally provide false or misleading information on any application for a parking permit (k) Failure to Surrender Permit The Director is authorized to revoke the residential parking permit of any person found to be in violation of its intended use Upon written notification of permit revocation by the Director, it shall be unlawful for any person to fail to surrender a parking permit as directed (1) Parking or Storage of Vehicles within Right -of -Way Except when otherwise provided by right -of -way use permit or other appropriate City or State permit, the parking or storage of vehicles shall be subject to the following parking restrictions (1) Time Restriction Parking or storage of any vehicle in excess of seventy -two (72) consecutive hours in a public right -of -way shall be unlawful During continued consecutive hours of parking, after the initial seventy -two (72) hour period, relocation of the vehicle within five hundred (500) feet, and still within a public right -of- way, shall be considered to be the same location within the right -of -way for purposes of calculating the seventy -two (72) hour parking restriction (2) Oversized Vehicles — Additional Restrictions The City Council finds that the parking and storage of vehicles exceeding twenty -two (22) feet in length (including any attached trailer) or with a maximum gross vehicle weight exceeding ten thousand (10,000) pounds ('oversized vehicles ") presents unacceptable risks and hazards to public health, safety and welfare when such vehicles are parked or stored on City streets at times when such vehicles are not engaged in business or commercial activity Because of these risks and hazards to public health, safety and welfare, the City Council further finds that the parking and storage of such vehicles on City streets should be minimized Therefore, in addition to the restrictions set forth in subsection (1)(1) of this section, no oversized vehicle may repark in a previously parked location in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period Relocation of any oversized vehicle within five hundred (500) feet and still within a public right -of -way shall be considered a previously parked location within the right -of -way (m) Parking Against Traffic Except when otherwise provided by City Code, ordinance or resolution, it shall be unlawful for any vehicle to stop or park upon a right of way unless (1) Stopped or parked parallel (or at an angle when authorized) to the traveled portion of the right -of -way, (2) In the direction of authorized traffic movement of the right -of -way immediately adjacent thereto, and (3) Within twelve (12) inches of the curb or as close as practicable to the edge of the shoulder In the event of a conflict between the provisions of this subsection and RCW 46 61 575 adopted as part of the Washington Model Traffic Ordinance pursuant to Chapter 10 04 BMC, the provisions of this subsection shall apply (n) Parking Fee — Nonpayment It is unlawful to park a vehicle in any parking space monitored by a parking fee collection device, including parking meters, without payment as indicated on the collection device (o) Parking Fee — Time Permitted It is unlawful to park a vehicle in any parking space monitored by a collection device, including parking meters, for a consecutive period of time longer than that limited period of time for which parking is lawfully permitted in the time zone, irrespective of the amount of money deposited in such collection device 10.11.020 ENFORCEMENT PROCEDURES. (a) The parking regulations set forth in this chapter and Chapter 10 04 BMC shall be enforced by the City's police officers and the City's parking enforcement officers (b) If any vehicle is found parked, standing, or stopped in violation of this title, or otherwise violates the provisions of this title, the officer finding the vehicle shall take its license number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously affix to the vehicle a notice of parking infraction A notice of parking infraction represents a determination that a parking infraction has been committed Th d e t e rmmmien will be fina4 unless """ as .idea , MC' '�0 (c) In any parking violation case involving an infraction relating to the stopping, standing, or parking of a vehicle, proof that the particular vehicle described in the notice of parking infraction was stopping, standing, or parking in violation of any provision of this title, together with proof of registered ownership of the vehicle at the time of the violation shall constitute in evidence a prima facie presumption that the registered owner of the vehicle was the person who parked or placed the vehicle at the point where, and for the time during which, the violation occurred, provided the procedure for issuing a parking violation set forth herein has been followed 10.11.030 PENALTIES. Unless specifically set forth elsewhere in this title, the penalties for each parking violation of the provisions of this chapter and Chapter 10 04 BMC, defined as an infraction, shall be pursuant to Chapter 3 01 BMC 10.11.040 FAILURE TO APPEAR. Any person who has been issued a notice of infraction relating to parking pursuant to BMC 10 11 020(b) and who fails to respond as provided in BMG 1 12 038 RCW 46 63 110 as adopted by the Model Traffic Ordinance pursuant to Chapter 10 04 BMC pay an additional penalty of twenty -five dollars ($25 00), regardless of the disposition of the notice of infraction This enhanced penalty shall be in addition to a misdemeanor citation which may be issued for failure to respond to notice of infraction 10.11.050 NUISANCE DECLARED - APPEAL. (a) In addition to the enforcement provisions of BMC 10 11040, if any person fails to respond to three or more outstanding infractions for parking a vehicle in violation of this title, the City Attorney sha4 - may mail a declaration of vehicle nuisance to the registered and legal owners of said vehicle as shown by the records of the Washington State Department of Licensing informing them that the cited vehicle shall be declared a nuisance and subject to immediate impound or immobilization unless, within ten (10) days, either the owner (1) pays the underlying infractions or (2) appeals the declaration of vehicle nuisance (b) Appeal of the declaration of nuisance vehicle will be heard by the Hearing Examiner pursuant to Chapter 2 62 BMC Failure to appear at the scheduled hearing will be deemed a waiver of any rights to contest the declaration At the hearing, the owner shall have the burden of showing the registered owner did not fail to respond to three or more outstanding infractions for parking 10.11.060 VEHICLE IMPOUND. If the registered or legal owner fails to respond under BMC 10 1105 0 to a Declaration of Vehicle Nuisance, the City Police Department may impound or immobilize said vehicle If impounded or immobilized, the vehicle shall not be released until (1) the Police Department or towing company receives a receipt or other notice from the Court showing that all infractions and crimes relating to standing, stopping or parking the vehicle have been paid or otherwise resolved, or (2) the owner posts bail with the department in an amount set by the Municipal Court 10.11.070 COSTS OF IMPOUND. The registered owner shall be responsible for all towing and storage costs relating to impounds of a nuisance vehicle If the vehicle is immobilized pursuant to this chapter, the Police Department shall affix to said vehicle a notice setting forth procedures for release and directing, that in addition to the payment of fines or posting bail, the owner shall pay an administrative immobilization fee of fifty dollars ($50 00) before the vehicle may be released �I 10.11.080 ENFORCEMENT - EXEMPT PERIODS. Restrictions on parking, as set forth in this chapter, shall not be effective on City holidays set forth in BMC 102 020 or such additional days specifically exempted by Council resolution Enforcement in the commercial parking zones and two (2) hour residential parking zones shall be at times posted SECTION 3. Severabihty If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 2 2011 WILL MAUPIN, Council President Approved this day of 9 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM - CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of 1 2011 ORDINANCE NO R \Legal \Legal \Ordmances\Fmance\Parkmg Enforcement doc I DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Purchase of two Ford Crown Committee Meeting Date January 19, 2011 Victoria Police Interceptors COUNCIL MEETING Date February 2, 2011 Department ER &R Presenter Jim Orton Phone 5359 SUMMARY: The 2011 approved budget reflects the replacement of two Ford Crown Victoria Interceptors These vehicles are scheduled for replacement and have met all criteria required for replacement They will be replaced by 2011 Ford Crown Victoria's using State Contract 05710 with all required options The authorized dealer is Columbia Ford of Longview Washington The total cost for the two cars is $55,226 36 including Washington State sales tax This purchase is for the cars only, the required police equipment and installation will be submitted for approval at a later date ATTACHMENTS: Copy of Washington State contract 05710 for the Ford Crown Victoria Police Interceptor FISCAL IMPACTS (Include Budgeted Amount) Funding is available thru the ERR fund 510 APPROVALS: DEPARTMENT DIRECTOR w CITY ATTORNEY FINANCE DIRECTOR , MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the purchase of 2 2011 Ford Crown Victoria Police Interceptors in the amount of $55,22636 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Current Contract information Contract No 05710, Police Pursuit Vehicles Price Sheet Order Form Page 1 TO ORDER COMI PLETE PRICE SHEETS AND SUBMIT WITH STATE FORM A -15A PURCHASE REQUISITION TO OFFICE OF ST ATE PROCUREMENT BEFORE MARCH], 2011 ONLINE ORDERS MAYBE PLACED AT https 11fortress ►vu Qov/zaltizet/nehre4/vehmezzu htm TO MINIMIZE PRODUCTION DELAYS ORDER AS EARLY AS POSSIBLE POLICE VEHICLE - FULL SIZE PURSUIT VEHICLE TYPE 4 DOOR SEDAN MAKE/MODEL FORD CROWN VICTORIA INTERCEPTOR EQUIPMENT INCLUDED IN NET PRICE 4 6L Flex Fuel OHC SEFI V8 E85 ethanol /gas Engine - Inside Hood Release (250 HP) - Electric Trunk Release, Battery Operated F.lectionic Automatic Overdrive Transmission - Internuttent Wipers External Transmitision Oil Cooler Engine Oil Cooler - Power Heated Mirrors(61 K) P235/S5R17 BSW Speed Rated Radial Tires, - AM/FM Stereo Radio with Digital Clock Rear Window Antenna Goodyear(i) - Cigarette Lighter Plus Power Point Matching Full Sire Spare Tire & Wheel - Certified Police Speedometer, 0 -140 MPH Powei Door Locks - Gauges, Water Temp, Fuel Power Windows w /Passenger Lockout Switch - Power Distribution Connector Diver and Front Passenger An Bags, Front & Side Impact - Hubcaps, Snap on - Powei Steering w /hxteinal Cooler - Body Side Moldings (Front Doors uninstalled stored in trunk) HD Power Brakes 4 -Wheel Disc Anti -Lock System (96B) 750 CCA Battery - HD Rubber Floor Covering 200 AMP Alternator - Removable Headliner with Dual Beam Map Light Police Pursuit Suspension Package HD Frame - Random Code Single Key Lock System, Foui Sets of Keys HD Front Bucket Seat, Cloth - Radio Interference Bonding Strap Package (53M) HD Rear Bench Scat Cloth (TTH) - All Factory Standard Police Package Equipment including Air Conditioning w/lugh speed cutout Stainless Steel Dual Exhaust System L fight Tinted Glass, All Around Rear Power Access Point Trunk Glove Box, Dome/ High Intensity Map Lights 3 27 1 Rear Axle Ratio Lightbar Connector Tire Pressure Monitoring System Tilt Steering Wheel Stabilizer Bars, Front and Rear Electric Rear Window Defroster Engine Idle Meter Headlamps on Warning Buzzer 3 year /36,000 Mile Warranty Bumper to Bumper, 5Yr /60,000 Maximum Capacity Engine Cooling Mile Dnvetram Coolant Recoveiy System Mercury Free Vehicle, Lead Free Wheel Weights Power Driver s Seat (21 A) NHTSA CRASH TEST RATINGS (2010) Power Adjustable Pedals FRONTAL (D/P) 515 Moldmgs, Body side, Front & Rear Doors Uninstalled SIDE (F/R) 515 (slipped loose in trunk)(96C) ROLLOVER 5 VEHICLE AS EQUIPPED MEETS CALIFORNIA EMISSION STANDARDS DEALER COLUMBIA FORD (W403) DEALER CONTACT Mane Tellmghiusen or Steve San 700 7' Ave PHONE (360) 423 -4121 Long\ iew, WA 98632 EMAIL ADDRESS mai iet @colford com FEDERAL TAX ID NO 91- 0650166 DELIVERY 45 - 120 Days ARO PAYMENT TERMS - Discount $200/20 Days (per vehicle), Net 30 Days NET PRICE (Vehicle equipped as above, delivered to any point within the State of Washington exclusive of Federal Excise and before 8.2% State Sales Tax including 3% Vehicle Tax) COMMODITY CODE VEHICLE DESCRIPTION ORDER PRICE EACH PRICE EXTENSION OTY 2311 -080 -001 Automobile Full -size Police, 4 Door Sedan, 2011 Ford Clown Victoria Police Interceptor 2 $21 162 00 a $42324 FFV(P7B /720A) (1) Tire Chain Compatible Current Contract Information Contract No 05710, Pollee Pursuit Vehicles Price Sheet Order Form Page 2 NO COST EXTERIORANTERIOR COLORS INDICATE QUANTITY OF COLOR(S) SELECTED (Special Paint Available ai Extra Cost) Vibrant White/ Charcoal Black(WT /*N) Light Ice Blue CC Metallic/ Charcoal Black (LS /' N) —_Vibrant White /Light Camel (WT / *J) Light Ice Blue CC Metallic/ Medium Light Stone (LS / *L) Vibrant White/ Medium Light Stone (WT / *L) Ultra Blue CC Metallic/ Charcoal Black (MM/ ` N) Arizona Beige CC Metallic/ Light Camel (AQ / *J) Ultra Blue CC Metallic/ Medium Light Stone (MM / L) Arizona Beipe CC Metallic/ Charcoal Black (AQ / *N) Light Grey/ Charcoal Black (TM / N) Medium Brown Metallic/ Light Camel (BU / *J) Light Grey/ Medium Light Stone (TM / L) Dark Toreador Red CC Metallic/ Light Camel QIJ Silver Grey Metallic/ Charcoal Black (TN /' N) Dark Toreador Red CC Metallic/ Charcoal Black Silver Grey Metallic/ Medium Light Stone (TN / *L) (JL /'N) Dark Toreador Red CC Metallic/ Medium Light Stone (J U Silver Birch CC Metallic/ Medium Light Stone (LP / *L) Silver Birch CC Metallic/ Charcoal Black (LP /'N) Black CC/ Charcoal Black (UA/* N) Dark Blue/ Medium Light Stone (LW *L) Black CC/ Light Camel (UA /°'J) Dark Blue/ Charcoal Black (LK/ *N) Black CC/ Medium Light Stone (U A/' L) Norsea Blue/ Light Camel (KR/ *J) Medium Titanium CC Metallic/ Charcoal Black (YG /* N) Norsea Blue / Medium Light Stone (KR/*L) Norsea Blue / Charcoal Black (KR/ *N) Smoke Stone CC/ Charcoal Black (HG /` N) Royal Blue/ Charcoal Black (LM/ N) Smoke Stone CC/ Light Camel (HG /' J) Royal Blue/ Medium Light Stone (LM / L) Smoke Stone CC/ Medium Light Stone (HG /' L) I fight Blue Metallic/ Charcoal Black (LN /x N) Light Blue Metallic/ Medium Light Stone (LN /* L) _2_ Special Paint (See Below) COMMODITY OPTION DESCRIPTION ORDER PRICE PRICE CODE QTY EACH EXTENSION 2311-080-010 Credit for pickup from Selling Dealer instead of vehicle $(130.00) $ being driven to customer (Orders for Eastern WA Area Code 509) (EAST) (Deduct) 2311- 080 -011 Credit for pickup from Selling Dealer instead of vehicle $(30.00) being driven to customer (Orders for Western WA) (WEST) (Deduct) 2311-080-012 Airbag Passenger Side Deactivation Switch (DLR)* (See $19300 NHTSA Note Below) 2311- 080 -013 Cap L eking Gas (98G) $1000 2311-080-014 Carpeting In Lieu of Rubber Floor Covering (Includes $11100 Floor mats, Front and Rear) (128) 2311- 080 -015 Chrome Grille (Included w/2311- 080 -066, Street $4000 Appearance Grou )(66C) 'NHTSA- MUST BE NOTIFIED PRIOR TO DEACTIVATING PASSENGER SIDE AIR BAG — FORM AVAILABLE AT HTTP HAOIELECTRICAL COM /GENERAL/NHTSAFORM.ASP OR CALL DEALER TO FAX FORM DEALER NEEDS CONFIRMATION PRIOR TO INSTALLATION. Current Contract Information Contract No 05710, Police Pursuit Vehicles Price Sheet Order Form Page 3 COMMODITY OPTION DESCRIPTION ORDER PRICE PRICE CODE TY EACH EXTENSION 2311-080-016 Cruise Control (Included W/2311- 080 -069, $18900 $ Comfoit/Convenience Group) (525) 231 1- 080 -017 Daytime Running Lights (77D) $4500 2311- 080 -018 Differential Limited Slip (3 27 1)(45C) 2 $10500 11000 2311-080-019 Fire Suppiession System, Automatic (Manual Switch on $3,10200 Headliner (Add 45 Days) (60T) 2311- 080 -020 Flasher Wig Wag, Headlamp $10200 (Included w/ 2311 - 080 -067 Police Prep Pkgs) (DLR)- 2311- 080 -021 Heater Engine Block (41H) $31 00 2311- 080 -022 Inoperative Door Jamb Light Switches on Dome Light $1700 (478) 2 3400 2311- 080 -023 Keys, Set of Two Instead of Four (DLR)* (Deduct) $(400) 2311-080-024 Lamp Prewire Group (Package Tray/Innei Deckled) (476) $4000 2311- 080 -025 Manuals (Service Powertram Controls/ Emission, $24500 Electneal Troubleshooting) (Paper)(DLR)* 2311-080-026 Manuals, Service, on CD -ROM (same contents) (DLR) $22500 1 22500 2311-080-027 Molding , Fro nt Doors installed (96A) $2800 _ 2 1 311-080-028 Mud Raps, HD Plastic (Set of 4) (DLR)x $9000 2311-080-029 Power Police Pigtail (Not Avail w/ 2311- 080 -067 Police $21 00 Prep Pkgs) (179) 2311-080-030 Power Windows Driver & Front Passenger Controls $21 00 (948) 2 4200 2311- 080 -031 Radio Delete (Not Avail w/2311- 080 -046, Stereo, $(8400) AM/FM /CD or 2311- 080 -069, Comfort/ Convenience Group) (58Y) (Deduct) 2311- 080 -032 Police Radio Prewire (2 Way Police Radio Prewire $4000 Connection to front door speakers)(AM/FM Radio will have audio on rear speakers only)(946) 2311-080-033 Rear Inside Door Handles Inoperable - Manual locks are $2100 operable (Not avail w/ 2311- 080 -034, Rear Door Locks and Handles Inoperable) (67R) 2311-080-034 Rear Door Locks and Handles Inoperable (67B) $21 00 2311-080-035 Remote Keyless Entry w/Two Transmitters (14R) $24600 2311-080-036 Roof Reinforcement (185) 2 $7000 14000 2311- 080 -037 Seats, Front, Cloth HD 50/50 Split Bench w/ Center Arm $5700 Rest (Includes Cloth Rear) (Not Available 2311- 080 -067 Police Prep Pkgs or 2311- 080 -051, Vinyl Seat instead of Cloth)(also requires 2311- 080 -069, Comfort/ Convenience Grou )(TTP) 2311-080-038 Seat, Aedec Prostramt Rear Seat (Prisoner Restraint $46500 System OEM Rear Seat Cushions and Seat Belts Placed In Trunk) (Installed) (DLR)� Current Contract Information Contract No 05710, Police Pursuit Vehicles Price Sheet Order Form Page 4 COMA9ODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE CODE TY EXTENSION 2111-080-039 Seat, Laguna 3P Prisoner Transport Seat (OEM Rear Seat $46500 Cushions and Seat Belts Placed in Trunk) (lnstalled)(Color Black)(DLR)* 2 $930.00 2311-080-040 Silicone Hoses with Aircraft Type Clams (177) 2 $26900 53800 2311-080-041 Spare Wheel, Additional (No Tire) (DLR)* $16700 2311- 080 -042 Spotlight Prep Pkg Only Left (Wiring Bracket, Body $8000 Pre )(_51B) 2311-080-043 Spotlight, 6 inch, Halogen, Clear Lens Pillar Mounted $16000 Left (Unit 225) (Factory) (51A) 2 32000 2311-080-044 Spotlight, 6 inch Halogen, as above, Left & Right (PR) $30200 (51 Y) 2311- 080 -045 Stereo, AM/FM /CD (Included w/2311- 080 -069 $16400 Comfort/ Convenience Group) (58Z) 2311-080-046 Traction Control (552) $11200 2311 -080 -047 Trunk Pack Organizer (w /Kevlar Front Lmer)( I4T) 2 $17000 34000 2 Trunk Release, Electric, Inside Switch Instrument Panel $5000 and left door Mounted, Ignition Controlled Instead of Batter (61H) 231 1- 080 -049 Undercoating (DLR) 2 $14500 29000 2 1 1- 080 -050 Universal Keying Fleet (Indicate Code in Comments) $4500 (432 -419) 2 9000 2311-080-051 Vinyl Seat instead of Cloth (Cloth Front Buckets) (Rear $(57.00) only) (Not available w/2311- 080 -037 Seat, Front Cloth HD 50/50 Split Bench) (TTI)(Deduct) 2311- 080 -052 Wheel covers, full wheel covers instead of hubcaps $4000 (set4)( Included w/2311- 080 -066, Street Appearance Group) (64N) 2311-080-053 Wiring Harness, Roof, (No HOLE) (189) $7500 2311- 080 -054 Wiring Harness, Roof (Center Hole) (Includes 231 1 -080- $17300 036 Roof Reinforcement (187) 2311-080-055 Wiring Horn/ Siren Circuit (Included Police Prep Pkgs) $3400 (175) 2 6800 2311-080-056 Wiring Pkg For Connection of Grill Lamp, Siren & $000 S eakers (172) 2 0.00 2311-080-057 Delayed Warranty Start (Customer Requests online at $000 www fordwsd com (DLR)* 2311-080-058 Push Bumpers, 12 inch HD Aluminum, Setina PB200 $22100 Installed (DLR)* 2 44200 2111-080-059 Push Bumpers, 16 inch HD Aluminum, Setma PB200, $22100 Installed (DLR)* 2311-080-060 Push Bumpers HD, Bolted W /Oval Upper Cross Support $26200 Installed (PB300) (DLR)* 2311-080-061 Push Bumpers, HD w/ Welded Upper Cross Support, $24100 (PB400) (DLR)* Current Contract Information Contract No 05710, Police Pursuit Vehicles Price Sheet Order Form Page 5 COMMODITY OPTION DESCRIPTION ORDER PRICE EACH PRICE CODE TY EXTENSION 2311-080-062 Push Bumpers HD, Upgrade, fender Protectors When $34500 Ordered With One of the Above, Installed, Set/2 (PB5) (DLR)$' 2 69000 2311-080-063 Partition, Horizontal Sliding Center Section w /Lexan $44200 Installed (Includes Full Lower Extension Panel) (Setma 10S)(DLR)* 2311-080-064 Double Vertical Weapon System Partition, Horizontal $79500 Sliding Center Section w/Lexan, Includes Lower Recess Extension Panel, One Standard Shotgun Lock, One Adjustable Universal Lock Including Key Override and Timer (Includes 2311- 080 -063, Partition, Horizontal) (Installed) (Setma/1ORP) (DLR)* 2 159000 2311-080-065 Manufacturer to Dealer Order Acknowledgement $000 Document Faxed to Customer (DLR)'' 2 000 2311-080-066 Street Appearance Group (Includes Full Wheel covers, $14000 Full Body side Moldings, Chrome Grille and Accents) (Not avail w/ special paint, spotlights or police only exterior colors BU, LK LN, MM, TN YG, LM, TM) (750A/60B) 2311- 080 -067 Police Prep Package- Base (Contact Dealer for Contents) $68300 (65A) 231 1- 080 -068 Police Prep Package- Complete (Contact Dealer for $1 181 00 Contents)(Includes 2311- 080 -067, Police Prep Package) (68P) 2311- 080 -069 Comfort/Convenience Group (includes 2311- 080 -016 $33800 Cruise Control, and 2311 - 080 -045 AM/FM /CD) (41 A) 2311-080-070 Dome /Map Light Delete (54M) 2 $000 000 2311 -080 -071 Window Bamer, HD Steel, Rear Doors (Installed) $15800 (DLR)" 2 31600 2311-080-072 Door Panels, High Strength Aluminum, Rear Doors $16300 ( Includes 2311- 080 -030, Power Group and 2311 -080- 034 Rear Door Locks)(67B /948)(DLR)* 2 32600 231 1- 080 -073 Skid Plate Package, Steel (Engine, Oil Pan $23100 Transmission) (Installed)(Setina) (DLR)* 2 42600 2311- 080 -074 Special Paint Single color (Includes Black Bumpers and $45400 Body side Molding) (SPO) (5 Vehicle Min) (Indicate VSO Paint code in comments) (Add 45 days) (XX /SP l01) 2311-080-075 Special Paint Option, Matching SPO Bumper (Requires $30400 2311- 080 -074, Special Paint) (XX/76) Current Contract Cnformation Contract No 05710, Police Pursuit Vehicles Price Sheet Order Form Page 6 COMAIODITI OPTION DESCRIPTION ORDER PRICE EACH PRICE CODE TY EXTENSIO?V 2111-080-076 Special Paint two color Regular production colors $78500 (includes matching painted bumpers) (indicate colors and paint scheme in comments) (add 45 days) (952/953/955/956) 2 157000 2311- 080 -077 Ballistic Front Door Panel - Driver only (Add 45 Days) $1,15000 (90L) 2311- 080 -078 Ballistic Front Door Panels - Driver & Passenger (Add 45 $2 205 00 Days) (90B) 2311-080-079 Base Lighting Package Base (Contact Dealer for $1701 00 Contents) (Includes 2311- 080 -067 Police Prep Base)(LED Avallable)(65P) 2311-080-080 Visibility Package Complete (Includes 2311- 080 -068, $2,74300 Police Prep Package and 2311- 080 -079, Visibility Lighting Package Base) (LED Available) (Contact Dealer for Contents) (65W) 2311-080-081 Dome Light Red/White Led (sound off)(Installed)x 2 $6500 13000 2311-080-082 Power Driver Seat delete (D21A) (deduct) $(336.00) 2311-080-083 Fire Extinguisher, 2 5# Dry Chenucal ABC Rated w/ $3800 Mounting Bracket, Delivered w/ Vehicle, Unmstalled (DLR)" 2311- 080 -084 Flare Kit, 3 Piece Triangle w /Storage Box for Roadside $3800 Emergency Use, Delivered w /Vehicle, Unmstalled (DLR) 2311-080-085 Stock Vehicle Upcharge (Call dealer or SPO for $25000 availability) White, Delivery within 7 days when available (DLR)} 2311-080-086 Window Barriers Rear Doors, Polycarbonate Panel, $15800 Untmted (Setma)(Installed) (DLR)* SUBTOTAL 51,04100 +82% SST 418536 TOTAL 55 226.36 IMPORTANT NOTICE "Aftermarket police equipment (such as communication gear) must not be mounted in the airbag deployment zone Vehicles equipped with bench seats may not have sufficient room to mount such equipment Bucket seats maybe i equired Call dealer for brochure available for police equipment mounting zones" DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Exeltech ConSutawig. Inc. Committee Meeting Date: 01/26/2011 Contract for Park Avenue Plaza. II COUNCIL MEETING Date. 02/02/2011 Construction. Department Executive Presenter Gary Sexton Phone. 360- 981 -1025 SUMMARY: After the receipt and review of 3 solicited bids, it is recommended that the civil and structural engineering contract be accepted and awarded to Exeltech Co $%(-KA6�o , Inc. for Park Avenue Plaza Phase II construction. The services will be charged at an hourly rate with contract cost not to exceed the sum of $95,000.00. ATTACHMENTS: Professional Services Agreement FISCAL IWACTS (Include Budgeted Amount): Agreement is budgeted not to exceed $95,000 and is funded from the federal Economic Development Administration grant 07 -01- 06590, the Bond Fund and a portion of the sale proceeds of the West Sound Bank Building as stipulated by the State of Washington Capital Development Grant (administered by CTED, contract #08- 96105 -014). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY- FINANCE DIRECTOR: MAYOR - COMMITTEE CHAIR COUNCIL PRESIDENT. CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move that the City approve the Professional Service Agreement with Exeltech Co rl s'W+1 rx 'C , Inc and authorize the Mayor to finalize and execute the agreement with substantially the same ferms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT Ezeltech Consulting, Inc. for Park Avenue Plaza Phase II The City of Bremerton ( "City ") and Exeltech Consulting, Inc ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: The Consultant agrees to perform civil and structural engineering services to provide Schematic Phase, Design Development Phase and Construction Document Phase documents necessary for the attached Phase II Scope of Work (Attachment B). The Exact services will be as directed by the City's authorized representative Consultant 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 immediately upon execution of this Agreement. The parties agree that the work will be completed in a timely fashion as directed by the City's authorized representative. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $95,000 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Attachment A and incorporated herem 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 HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks as needed to integrate with Park Avenue Plaza Phase I and the City's schedule 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 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 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 Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 1 of 9 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, 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 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 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 Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 2 of 9 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily Injury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the right to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage VII. General Conditions: A Reports and Information. When requested by the City, Consultant shall famish 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 (GAM) to substantiate all billed amounts Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 3 of 9 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 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 protect and are the property of the City Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D 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 E Severability Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect F Modification This Agreement may only be modified by written instrument signed by both Parties G. Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address City of Bremerton Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 4 of 9 345 Sixth St. Suite 600 Bremerton, WA 98337 H Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansing out of this Agreement shall not be deemed waiver of any other right or power I 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 J. Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement K. 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 ansing out of this Agreement shall be brought in Kitsap County Superior Court L Attorneys' Fees- In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees M. 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 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 A Rights Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 5 of 9 CITY OF BREMERTON CONSULTANT By Gary Sexton By: Its• Special Protects Administrator its Date Date Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 6 of 9 ATTACHMENT A Hourly Rates • Structural project manager $130 00 • Structural designer $90 00 • Civil project manager / designer $110 00 • AutoCAD operator $75 00 Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 7 of 9 ATTACHMENT B Scope of Work 1. Alley Utility Relocation: Remove overhead electrical, telephones and communication utilities and underground gas from alley running east and west from Pacific Avenue to Park Avenue between Fourth and Burwell Streets, 2. Construct Alley Surface Storm Drain: Excavate, trench and install storm drain system in the alley from Pacific Avenue connecting all drains and surface water and extending to Burwell 3. Construct Pedestrian Access and Alley Walkway: Design, establish sub - grade, raise level of west end of alley, construct retaining wall, fill and construct pedestrian walkway in alley way 4. Fourth Street Utility Relocation and Pedestrian Amenities: Design, excavate, trench, place utility vaults and piping for underground utilities moved from alley way Include necessary storm drains and sanitary sewer relocations and connections, Design, back fill, prepare sub -grade and install pedestrian sidewalk, curbs, gutters, planting strip, trees, seating areas, bulb outs, lighting and sprinkler system on Fourth Street from Park Avenue to Pacific Avenue 5. Fourth Street and Park Avenue/Intersection: Design and construct Fourth Street and Park Avenue intersection at northwest corner of new plaza, installing bulb outs, paving, pavers, curbs, gutters, relocated fire hydrant, storm dram relocations and utility modifications 6. City Underground of Pump Station: Design and construct and relocate existing pump station located on south west corner of Park Avenue Plaza Project Existing pump station is located in pump room that is at corner of project and is currently contrary to City Sub Area Plan for new development The pump room will be demolished and the generator, scrubber room and electrical room will be placed underground in a new expanded sub -grade pump room Street light controls will be relocated to west side of Park Avenue, bulb out will be adjusted toward west, and site area will be prepped for retail development. 7. Park Avenue Electrical Relocation: Design and relocate existing electrical transformer on east side of Park Avenue and immediately adjacent to pump house Underground the utility and prep existing location for further retail use and development. 8. Park Avenue: Design and construct surface area, sidewalks, curbs, gutters, planting strips, trees, lighting and sprinkler system to City standards on Park Avenue from Burwell to Fourth Street. 9. Vehicle Plug in Stations: Design and install smart vehicle electrical station (approximately 10) inside new Park Avenue Plaza Bremerton/Exeltech Consultants, Inc Park Avenue Plaza Phase II Page 8 of 9 4 10. Parking Garage Cladding: Design and Install cladding, siding, grating, brick work and exterior stairways for new Park Avenue Parking garage. 11. Park Avenue Plaza Landscaping: Design and Install, subsoil, topsoil, trees, shrubs, ground cover, sprinkler system, lighting and seating on south, west, and north sides of new Park Avenue Plaza Parking structure. 12. Parking Garage Top Level Plaza Public Space Development: Design and install on roof surface of parking garage, fencing, electric, finish surface, lighting, entrance walkway, stairs and seating. Bremerton/Bxeltech Consultants, Inc Park Avenue Plaza Phase Il Page 9 of 9 DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL 60 . ........................................................ ............................... �oo►sut�- o�vrlS, �Yl . SUBJECT: TerracodInspection Contract Committee Meeting Date 01/26/2011 for Park Avenue Plaza Phase I and II. COUNCIL MEETING Date 02/02/2011 Construction. Department: Executive Presenter Gary Sexton Phone- 360 -981 -1025 SUMMARY: After the receipt and review of 3 solicited bids, it is recommended that the inspection and testing contract be accepted and awarded toTerracon for Park Avenue Plaza Phase I and Phase II construction. The services will be charged at an hourly rate and it is expected to be a total estimated sum of $100,000.00. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Agreement is budgeted for $100,000 and is funded from the federal Economic Development Administration grant 07 -01- 06590, the Bond Fund and a portion of the sale proceeds of the West Sound Bank Building as stipulated by the State of Washington Capital Development Grant (administered by CTED, contract #08- 96105 -014). APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT: ' CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Y Sn c . Move that the City approve the Professional Service Agreement with Terracon and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Contmue ❑ No Action PROFESSIONAL SERVICES AGREEMENT Terracon Consultants, Inc. for Park Avenue Plaza Phase II The City of Bremerton ( "City ") and Terracon Consultants, Inc ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: The Consultant agrees to perform inspection Services for Park Avenue Plaza Phase I remaining and Phase II The exact testing service shall be as directed by the City of Bremerton Project Manager II. Term: The City and the Consultant agree that work will begin on the tasks described immediately upon execution of this Agreement The parties agree that the work will be completed in a timely fashion as directed by the City's authorized representative III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $99,900 00 Consultant's charges and bills shall conform to the fee schedule attached hereto as Attachment 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 HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks as needed to integrate with Park Avenue Plaza Phase I and the City's schedule 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 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 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 Bremerton/Terracon Consultants, Inc Park Avenue Plaza Phase II Page 1 of 6 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, 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 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 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 arse 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 protect described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be Bremerton/Terracon Consultants, Inc Park Avenue Plaza Phase II Page 2 of 6 limited to blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence /claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liability Insurance (if required), which may be provided on a "claims- made" basis The City shall be named as an additional Insured on the Commercial General Liability Insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional Insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the right to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 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 Bremerton/Terracon Consultants, Inc Park Avenue Plaza Phase II Page 3 of 6 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 Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of Its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D 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 E Severabilrty Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect F Modification This Agreement may only be modified by written instrument signed by both Parties G Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address City of Bremerton Terracon Consultants, Inc 345 Sixth St, Suite 600 215 South 56 St , Suite 405 Bremerton, WA 98337 Tacoma, WA 98409 Bremerton/Terracon Consultants, Inc Park Avenue Plaza Phase II Page 4 of 6 H 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 I 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 J Compliance with Laws Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement K 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 L Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees M 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 convemence 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 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 A Fights Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By Gary Sexton By Its Special Projects Administrator its Date Date Bremerton/Terracon Consultants, Inc Park Avenue Plaza Phase II Page 5 of 6 ATTACHMENT A Personnel Rate Field Engineer $ 85 00/hr Project Manager $130 00/hr Clerical $ 50 00/hr Trip Charge $100 00 /day I I 1 i I ' I 1 I Bremerton/Terracon Consultants, Inc Park Avenue Plaza Phase II Page 6 of 6 i I DATE SUBMITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No 513 ( amending Committee Meeting Date 01 -26 -2011 Section 3.48 030 relating to the definition of COUNCIL MEETING Date 02 -02 -2011 "Engaging in Business " Department Finance Presenter. Becky Hasart Phone- 360 -473 -5722 SUMMARY: The Bremerton Municipal Court must frequently rely on language interpreters during the course of regular business. For less common languages, it has become cumbersome to obtain interpretive services at a reasonable rate when we require a business license for intermittent interpreter use Court personnel have had interpreters decline to offer services due to our licensing requirements The attached provides for an extremely narrow exemption from our business license requirements for interpreters that provide language services only to our Municipal Court If the interpreters provide services for any other reason within our city limits, they are still required to be licensed. In addition to the exemption for Court interpreters, the attached ordinance also removes the "common carver" language for business licenses purposes. In the last few years, the state clarified that sales taxes are to be paid to the jurisdiction in which the goods are delivered. However, merely delivering goods without having a physical presence in our city limits does not constitute nexus Our current code conflicted with this streamlined sales tax (SST) provision By removing the "common canner" language, we will be in compliance with SST If a company has a physical presence in town but only delivers goods, they will still be required to have a license ATTACHMENTS: Proposed ordinance — An Ordinance.. amending Section 3 48.030. relating to the definition of `Engaging in Business rekcv� No . S l3 0 . FISCAL IMPACTS (Include Budgeted Amount) None Those already licensed would still require licenses and those that would qualify for exemption are already choosing to not provide services. APPROVALS: DEPARTMENT DIRECTOR i CITY ATTORNEY: FINANCE DIRECTOR MAYOR COMMITTEE CHAIR (f COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION- Move to approve Ordinance No 3 amending Section 3.48 030 entitled "Definitions" relating to the definition of "Engaging in Business." COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. - 5139 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3 48 030 entitled "Definitions" relating to the definition of "Engaging in Business " WHEREAS, the current provisions of BMC 3 48 030 entitled "Definitions" relating to Business Licenses and the City's Business and Occupation Tax provide a definition of "Engaging in business," "nexus ", and WHEREAS, the City Council desires to amend the definition of "Engaging in business," "nexus" in order to clarify that a person providing language interpretive services to the Bremerton Municipal Court is not engaging in business that requires a City business license and the payment of City Business and Occupation Taxes, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. Section 3 48 030 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows 3.48.030 DEFINITIONS. In construing the provisions of this chapter, the following definitions shall be applied Words in the singular number shall include the plural, and the plural shall include the singular "Advance," "reimbursement." (1) "Advance" means money or credits received by a taxpayer from a customer or client with which the taxpayer is to pay costs or fees on behalf of the customer or client (2) "Reimbursement" means money or credits received from a customer or client to repay the taxpayer for money or credits expended by the taxpayer in payment of costs or fees of the customer or client "Agricultural product" means any product of plant cultivation or animal husbandry including, but not limited to a product of horticulture, grain cultivation, vermiculture, viticulture, or aquaculture as defined in RCW 15 83 480, plantation Christmas trees, turf, or any animal including but not limited to an animal that is a private sector cultured aquatic product as defined in RCW 15 83 480, or a bird, or insect, or the substances obtained from such an animal "Agricultural product" does not include animals intended to be pets "Artistic or cultural organization." As used in this chapter (1) The term "artistic or cultural organization" means an organization which is organized and operated exclusively for the purpose of providing artistic or cultural exhibitions, presentations, or performances or cultural or art education programs, as defined in subsection (10) of this definition, for viewing or attendance by the general public (2) The organization must be a not - for - profit corporation under Chapter 24 03 RCW (3) The organization must be managed by a governing board of not less than eight (8) individuals none of whom is a paid employee of the organization or by a corporation sole under Chapter 24 12 RCW (4) No part of its income may be paid directly or indirectly to its members, stockholders, officers, directors, or trustees except in the form of services rendered by the corporation in accordance with its purposes and bylaws 1 Business Licenses and B & 0 Tax - Engaging in Business (5) Salary or compensation paid to its officers and executives must be only for actual services rendered, and at levels comparable to the salary or compensation of like positions within the State (6) Assets of the corporation must be irrevocably dedicated to the activities for which the exemption is granted and, on the liquidation, dissolution, or abandonment by the corporation, may not inure directly or indirectly to the benefit of any member or individual except a nonprofit organization, association, or corporation which also would be entitled to the exemption (7) The corporation must be duly licensed or certified when licensing or certification is required by law or regulation (8) The amounts received that qualify for exemption must be used for the activities for which the exemption is granted (9) Services must be available regardless of race, color, national origin, ancestry, religion, age, sex, mantal status, sexual onentation, Vietnam or disabled veteran status, or the presence of any mental or physical disability (10) The term "artistic or cultural exhibitions, presentations, or performances or cultural or art education programs" is limited to (a) An exhibition or presentation of works of art or objects of cultural or historical significance, such as those commonly displayed in art or history museums, (b) A musical or dramatic performance or senes of performances, or (c) An educational seminar or program, or senes of such programs, offered by the organization to the general public on an artistic, cultural, or histoncal subject "Business" includes all activities engaged in with the object of gam, benefit, or advantage to the taxpayer or to another person or class, dimctly or indirectly "Business and occupation tax" or "gross receipts tax" means a tax unposed on or measured by the value of products, the gross income of the business, or the gross proceeds of sales, as the case may be, and that is the legal liability of the business "Cash discount" means a deduction from the invoiced amount allowed by the seller if the bill is paid within a certain tune penod or before a specified date "City" means City of Bremerton, Washington "Commercial or industrial use" means the following uses of products, including by- products, by the extractor or manufacturer thereof (1) Any use as a consumer, (2) Any use in the manufactunng of products including articles, substances or commodities "Competitive telephone service" means the providing by any person of telecommunications equipment or apparatus, or service related to that equipment or apparatus such as repair or maintenance service, if the equipment or apparatus is of a type which can be provided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made "Consumer" means the following (1) Any person who purchases, acquires, owns, holds, or uses any tangible or intangible personal property urespectrve of the nature of the person's business and including, among others, without limitmg the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for a consumer other than for the purpose of (a) Resale as tangible or intangible personal property in the regular course of business, (b) Incorporating such property as an ingredient or component of real or personal property when installing, repamng, cleaning, altenng, impnnting, improving, constructing, or decorating such real or personal property of or for consumers, 2 Business Licenses and B & 0 Tax - Engaging in Business (c) Incorporating such property as an ingredient or component of a new product or as a chemical used in processing a new product when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new product, or (d) Consuming the property in producing ferrosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon, (2) Any person engaged in any business activity taxable under BMC 3 48 050(1)(g), (3) Any person who purchases, acquires, or uses any competitive telephone service as herein defined, other than for resale in the regular course of business, (4) Any person who purchases, acquires, or uses any personal, business, or professional service defined as a retail sale or retail service in this section other than for resale in the regular course of business, (5) Any person who is an end user of software, (6) Any person engaged in the business of "public road construction" in respect to tangible personal property when that person incorporates the tangible personal property as an ingredient or component of a publicly owned street, place, road, highway, easement, nght -of- way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle by installing, placing or spreading the property in or upon the not-of-way of a publicly owned street, place, road, highway, easement, bridge, tunnel, or trestle or in or upon the site of a publicly owned mass public transportation terminal or parking facility, (7) Any person who is an owner, lessee or has the not of possession to or an easement in real property which is being constructed, repaired, decorated, improved, or otherwise altered by a person engaged in business, (8) Any person who is an owner, lessee, or has the right of possession to personal property which is being constructed, repaired, improved, cleaned, imprinted, or otherwise altered by a person engaged in business, (9) Any person engaged in "government contracting " Any such person shall be a consumer within the meaning of this definition in respect to tangible personal property incorporated into, installed in, or attached to such building or other structure by such person Nothing contained in this or any other subsection of this definition shall be construed to modify any other definition of "consumer " "Deficiency" means the amount of tax imposed by law less any tax reported by the taxpayer on a tax return "Delivery" means the transfer of possession of tangible personal property between the seller and the buyer or the buyer's representative Delivery to an employee of a buyer is considered delivery to the buyer Transfer of possession of tangible personal property occurs when the buyer or the buyer's representative first takes physical control of the property or exercises dominion and control over the property "Dominion and control" means the buyer has the ability to put the property to the buyer's own purposes It means the buyer or the buyer's representative has made the final decision to accept or reject the property, and the seller has no further right to possession of the property and the buyer has no right to return the property to the seller, other than under a warranty contract A buyer does not exercise dominion and control over tangible personal property merely by arranging for shipment of the property from the seller to itself A buyer's representative is a person, other than an employee of the buyer, who is authorized in writing by the buyer to receive tangible personal property and take dominion and control by making the final decision to accept or reject the property Neither a shipping company nor a seller can serve as a buyer's representative It is immaterial where the contract of sale is negotiated or where the buyer obtains title to the property Delivery terms and other provisions of the Uniform 3 Business Licenses and B & 0 Tax - Engaging in Business Commercial Code (RCW Title 62A) do not determine when or where delivery of tangible personal property occurs for purposes of taxation "Director" means the Director of Financial Services of the City or any officer, agent or employee of the City designated to act on the Director's behalf "Eligible gross receipts tax" means a tax which (1) Is imposed on the act or privilege of engaging in business activities within BMC 3 48 050, and (2) Is measured by the gross volume of business, in terms of gross receipts and is not an income tax or value added tax, and (3) Is not, pursuant to law or custom, separately stated from the sales price, and (4) Is not a sales or use tax, business license fee, franchise fee, royalty or severance tax measured by volume or weight, or concession charge, or payment for the use and enjoyment of property, property right or a privilege, and (5) Is a tax imposed by a local jurisdiction, whether within or without the State of Washington, and not by a country, state, province, or any other non -local jurisdiction above the County level "Engaging in business," "nexus." (1) The term "engaging in business" means commencing, conducting, or continuing in business, and also the exercise of corporate or franchise powers, as well as liquidating a business when the liquidators thereof hold themselves out to the public as conducting such business (2) This section sets forth examples of activities that constitute engaging in business in the City, and establishes safe harbors for certain of those activities so that a person who meets the criteria may engage in de minimis business activities in the City without having to register and obtain a business license or pay City business and occupation taxes The activities listed in this section are illustrative only and are not intended to narrow the definition of "engaging in business" in subsection (1) of this definition If an activity is not listed, whether it constitutes engaging in business in the City shall be determined by considering all the facts and circumstances and applicable law (3) Without being all inclusive, any one (1) of the following activities conducted within the City by a person, or its employee, agent, representative, independent contractor, broker or another acting on its behalf constitutes engaging in business and requires a person to register and obtain a business license pursuant to Chapter 5 02 BMC (a) Owning, renting, leasing, maintaining, or having the right to use, or using, tangible personal property, intangible personal property, or real property permanently or temporarily located in the City (b) Owning, renting, leasing, using, or maintaining, an office, place of business, or other establishment in the City (c) Soliciting sales (d) Making repairs or providing maintenance or service to real or tangible personal property, including warranty work and property maintenance (e) Providing technical assistance or service, including quality control, product inspections, warranty work, or similar services on or in connection with tangible personal property sold by the person or on its behalf (f) Installing, constructing, or supervising installation or construction of real or tangible personal property. (g) Soliciting, negotiating, or approving franchise, license, or other similar agreements (h) Collecting current or delinquent accounts. 4 Business Licenses and B & 0 Tax - Engaging in Business (1) Picking up and transporting tangible personal property, solid waste, construction debris, or excavated materials 0) Providing dismfectmg and pest control services, employment and labor pool services, home nursing care, janitorial services, appraising, landscape architectural services, security system services, surveying, and real estate services including the listing of homes and managing real property (k) Rendering professional services such as those provided by accountants, architects, attorneys, auctioneers, consultants, engineers, professional athletes, barbers, baseball clubs and other sports organizations, chemists, consultants, psychologists, court reporters, dentists, doctors, detectives, laboratory operators, teachers, and veterinarians (1) Meeting with customers or potential customers, even when no sales or orders are solicited at the meetings (m) Training or recruiting employees, agents, representatives, independent contractors, brokers or others, domiciled or operating on ajob in the City, acting on its behalf, or for customers or potential customers (n) Investigating, resolving, or otherwise assisting in resolving customer complaints (o) In -store stocking or manipulating products or goods, sold to and owned by a customer, regardless of where sale and delivery of the goods took place (p) Except as provided in subsection (5) of this definition, l3eliveFmg delivenna g oods in vehicles owned, rented, leased, used, or maintained by the person or another acting on its behalf (q) Accepting or executing a contract with the City, irrespective of whether goods or services are delivered within or without the City, or whether the person's office or place of business is within or without the City (4) Not Engaging in Business If a person, or its employee, agent, representative, independent contractor, broker or another acting on the person's behalf, engages in no other activities in or with the City but the following, that person is not engaging in a business and therefore is not required to - need register and obtain a CLty license aim pursuant to Chapter 5 02 BMC or pay City Business and Occupation Taxes pursuant to this chapter (a) Meeting with suppliers of goods and services as a customer (b) Meeting with government representatives in their official capacity, other than those performing contracting or purchasing functions (c) Attending meetings, such as board meetings, retreats, seminars, and conferences, or other meetings wherein the person does not provide training in connection with tangible personal property sold by the person or on its behalf (d) Renting tangible or intangible property as a customer when the property is not used in the City (e) Attending, but not participating in a "trade show" or "multiple vendor events " Persons participatmg at a trade show shall review the City's trade show or multiple vendor event ordinances (f) Conducting advertising through the mail (g) Soliciting sales by phone from a location outside the City (h) Providing language interpretive services to the Bremerton Municipal Court (5) A seller:- business located outside the City merely delivering goods into the City by fneans- ofcommon carver or other means including use of its own vehicles is not required to register and obtain a business license, provided, that it engages in no other business activities in the City Such business activities do not include those in subsection (4) of this definition 5 Business Licenses and B & 0 Tax - Engaging in Business (6) "Nexus." A person has created nexus with the City if, whether itself or by its employees, agents, representatives, independent contractors, brokers or others acting on its behalf, it (a) Is physically present in the City, (b) Endeavors to maintain a share of the market within the City, or (c) Avails itself of the economic benefits of the City The City expressly intends that engaging in business includes any activity sufficient to establish nexus for purposes of applying the tax under the law and the constitutions of the United States and the State of Washington Nexus is presumed to continue as long as the taxpayer benefits from the activity that constituted the original nexus - generatmg contact or subsequent contacts "Extracting" is the activity engaged in by an extractor and is reportable under the extracting classification "Extractor" means every person who from the person's own land or from the land of another under a right or license granted by lease or contract, either directly or by contracting with others for the necessary labor or mechanical services, for sale or for commercial or industrial use, mines, quarries, takes or produces coal, oil, natural gas, ore, stone, sand, gravel, clay, mineral or other natural resource product, or fells, cuts or takes timber, Christmas trees, other than plantation Christmas trees, or other natural products, or takes fish, or takes, cultivates, or raises shellfish, or other sea or inland water foods or products "Extractor" does not include persons performing under contract the necessary labor or mechanical services for others, persons cultivating or raising fish entirely within confined rearing areas on the person's own land or on land in which the person has a present right of possession, or persons who fell, cut, or take plantation Christmas trees from the person's own land or from land in which the person has a present right of possession, or persons meeting the definition of "farmer " "Extractor for hire" means a person who performs under contract necessary labor or mechanical services for an extractor "Farmer" means any person engaged in the business of growing or producing, upon the person's own lands or upon the lands in which the person has a present right of possession, any agricultural product whatsoever for sale "Farmer" does not include a person using such products as ingredients in a manufacturing process, or a person growing or producing such products for the person's own consumption "Farmer" does not include a person selling any animal or substance obtained therefrom in connection with the person's business of operating a stockyard or a slaughter or packing house "Farmer" does not include any person in respect to the business of taking, cultivating, or raising timber "Gross income of the business" means the value proceeding or accruing by reason of the business activity engaged in and includes gross proceeds of sales, compensation for the rendition of services, gains realized from trading in stocks, bonds, or other evidences of indebtedness, interest, discounts, rents, royalties, fees, commissions, dividends, and other emoluments however designated, all without any deduction on account of the cost of tangible property sold, the cost of materials used, labor costs, interest, discounts, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses "Gross proceeds of sales" means the value proceeding or accruing from the sale of tangible personal property or for services rendered, without any deduction on account of the cost of property sold, the cost of materials used, labor costs, interest, discounts paid, delivery costs, taxes, or any other expense whatsoever paid or accrued and without any deduction on account of losses "In this City" or "within this City" includes all federal areas lying within the corporate City limits of the City "Janitorial services" shall mean those cleaning and caretaking services ordinarily performed by commercial janitor service businesses including, but not limited to, wall and 6 Business Licenses and B & 0 Tax - Engaging in Business window washing, floor cleaning and waxing, and the cleaning in place of rugs, drapes and upholstery The term does not include painting, papering, repairing, furnace or septic tank cleaning, snow removal, sandblasting, or cleanup related to construction activities "Manufacturer," "to manufacture." (1) "Manufacturer" means every person who, either directly or by contracting with others for the necessary labor or mechanical services, manufactures for sale or for commercial or industrial use from the person's own materials or ingredients any products When the owner of equipment or facilities furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to less than twenty (20) percent of the total value of all materials or ingredients that become a part of the finished product, the owner of the equipment or facilities will be deemed to be a processor for hire and not a manufacturer A business not located in this City that is the owner of materials or ingredients processed for it in this City by a processor for hire shall be deemed to be engaged in business as a manufacturer in this City (2) "To manufacture" means all activities of a commercial or industrial nature wherein labor or skill is applied, by hand or machinery, to materials or ingredients so that as a result thereof a new, different or useful product is produced for sale or commercial or industrial use, and shall include (a) The production of special -made or custom -made articles, (b) The production of dental appliances, devices, restorations, substitutes, or other dental laboratory products by a dental laboratory or dental technician, (c) Crushing and/or blending of rock, sand, stone, gravel, or ore, and (d) The producing of articles for sale, or for commercial or industrial use from raw materials or prepared materials by giving such materials, articles, and substances of trade or commerce new forms, qualities, properties or combinations including, but not limited to, such activities as making, fabricating, processing, refining, mixing, slaughtering, packing, aging, curing, mild curing, preserving, canning, and the preparing and freezing of fresh fruits and vegetables "To manufacture" shall not include the production of computer software if the computer software is delivered from the seller to the purchaser by means other than tangible storage media, including the delivery by use of a tangible storage media where the tangible storage media is not physically transferred to the purchaser "Manufacturing" means the activity conducted by a manufacturer and is reported under the manufacturing classification "Newspaper," "magazine," "periodical." "Newspaper" means a publication offered for sale regularly at stated intervals at least once a week and printed on newsprint in tabloid or broadsheet format folded loosely together without stapling, glue, or any other binding of any kind "Magazine" or "periodical" means any printed publication, other than a newspaper, issued and offered for sale regularly at stated intervals at least once every three (3) months, including any supplement or special edition of the publication Any publication meeting this definition qualifies regardless of its content "Nonprofit corporation or nonprofit organization" means a corporation or organization in which no part of the income can be distributed to its members, directors, or officers and that holds a current tax exempt status as provided under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended, or is specifically exempted from the requirement to apply for its tax exempt status under Section 501(c)(3) of the Internal Revenue Code, as hereafter amended Where the term "nonprofit organization" is used, it is meant to include a nonprofit corporation "Office" or "place of business" means a fixed location or permanent facility where the regular business of the person is conducted and which is either owned by the person or over 7 Business Licenses and B & 0 Tax - Engaging in Business which the person exercises legal dominion and control The regular business of the person is presumed conducted at a location (1) Whose address the person uses as its business mailing address, (2) Containing a telephone line listed in a public telephone directory or other similar publication under the business name, (3) Where the person holds itself out to the general public as conducting its regular business through signage or other means, and (4) Where the person is required to obtain any appropriate State and local business license or registration unless they are exempted by law from such requirement A vehicle such as a pick -up, van, truck, boat or other motor vehicle is not an office or place of business A post office box is not an office or place of business If a person has an office or place of business, the person's home is not an office or place of business unless it meets the criteria for office or place of business above If a person has no office or place of business, the person's home or apartment within the City will be deemed the place of business "Person" means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, co- partnership, joint venture, club, company, joint stock company, business trust, municipal corporation, political subdivision of the State of Washington, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof "Port District" means a port district as defined in Chapter 53 04 RCW "Precious metal bullion," "monetized bullion." "Precious metal bullion" means any precious metal which has been put through a process of smelting or refining, including, but not limited to, gold, silver, platinum, rhodium, and palladium, and which is in such state or condition that its value depends upon its contents and not upon its form For purposes of this section, "monetized bullion" means coins or other forms of money manufactured from gold, silver, or other metals and heretofore, now, or hereafter used as a medium of exchange under the laws of this State, the United States, or any foreign nation, but does not include coins or money sold to be manufactured into jewelry or works of art "Processing for hire" means the performance of labor and mechanical services upon materials or ingredients belonging to others so that as a result a new, different or useful product is produced for sale, or commercial or industrial use A processor for hire is any person who would be a manufacturer if that person were performing the labor and mechanical services upon that person's own materials or ingredients If a person furnishes, or sells to the customer prior to manufacture, materials or ingredients equal to twenty (20) percent or more of the total value of all materials or ingredients that become a part of the finished product the person will be deemed to be a manufacturer and not a processor for hire "Product;" "by- product." "Product" means tangible personal property, including articles, substances, or commodities created, brought forth, extracted, or manufactured by human or mechanical effort "By- product" means any additional product, other than the principal or intended product, which results from extracting or manufacturing activities and which has a market value, without regard to whether or not such additional product was an expected or intended result of the extracting or manufacturing activities "Reporting period" means (1) A one (1) month period beginning the first day of each calendar month (monthly), or (2) A three (3) month period beginning the first day of January, April, July or October of each year (quarterly), or 8 Business Licenses and B & 0 Tax - Engaging in Business (3) A twelve (12) month period beginning the first day of January of each year (annual) "Retail service" shall include the sale of or charge made for personal, business, or professional services including amounts designated as interest, rents, fees, admission, and other service emoluments however designated, received by persons engaging in the following business activities (1) Amusement and recreation services including but not limited to golf, pool, billiards, skating, bowling, swimming, bungee jumping, ski lifts and tows, basketball, racquetball, handball, squash, tennis, batting cages, day trips for sightseeing purposes, and others, when provided to consumers Amusement and recreation services also include the provision of related facilities such as basketball courts, tennis courts, handball courts, swimming pools, and charges made for providing the opportunity to dance The term "amusement and recreation services" does not include instructional lessons to learn a particular activity such as tennis lessons, swimming lessons, or archery lessons, (2) Abstract, title insurance, and escrow services, (3) Credit bureau services, (4) Automobile parking and storage garage services, (5) Landscape maintenance and horticultural services but excluding (a) horticultural services provided to farmers and (b) pruning, trimming, repairing, removing, and clearing of trees and brush near electric transmission or distribution Imes or equipment, if performed by or at the direction of an electric utility, (6) Service charges associated with tickets to professional sporting events, (7) The following personal services physical fitness services, tanning salon services, tattoo parlor services, steam bath services, Turkish bath services, escort services, and dating services, and (8) The term shall also include the renting or leasing of tangible personal property to consumers and the rental of equipment with an operator "Retailing" means the activity of engaging in making sales at retail and is reported under the retailing classification "Return" means any document a person is required by the City to file to satisfy or establish a tax or fee obligation that is administered or collected by the City and that has a statutorily defined due date "Royalties" means compensation for the use of intangible property, such as copyrights, patents, licenses, franchises, trademarks, tradenames, and similar items "Sale," "casual or isolated sale." (1) "Sale" means any transfer of the ownership of, title to, or possession of, property for a valuable consideration and includes any activity classified as a "sale at retail," "retail sale," or "retail service " It includes renting or leasing, conditional sale contracts, leases with option to purchase, and any contract under which possession of the property is given to the purchaser but title is retained by the vendor as security for the payment of the purchase price It also includes the furnishing of food, drink, or meals for compensation whether consumed upon the premises or not (2) "Casual or isolated sale" means a sale made by a person who is not engaged in the business of selling the type of property involved on a routine or continuous basis "Sale at retail," "retail sale." (1) "Sale at retail' or "retail sale" means every sale of tangible personal property (including articles produced, fabricated, or imprinted) to all persons irrespective of the nature of their business and including, among others, without limiting the scope hereof, persons who install, repair, clean, alter, improve, construct, or decorate real or personal property of or for 9 Business Licenses and B & 0 Tax - Engaging in Business consumers, other than a sale to a person who presents a resale certificate under RCW 82 04 470 and who (a) Purchases for the purpose of resale as tangible personal property in the regular course of business without intervening use by such person, or (b) Installs, repairs, cleans, alters, imprints, improves, constructs, or decorates real or personal property of or for consumers, if such tangible personal property becomes an ingredient or component of such real or personal property without intervening use by such person, or (c) Purchases for the purpose of consuming the property purchased in producing for sale a new article of tangible personal property or substance, of which such property becomes an ingredient or component or is a chemical used in processing, when the primary purpose of such chemical is to create a chemical reaction directly through contact with an ingredient of a new article being produced for sale, or (d) Purchases for the purpose of consuming the property purchased in producing feirosilicon which is subsequently used in producing magnesium for sale, if the primary purpose of such property is to create a chemical reaction directly through contact with an ingredient of ferrosilicon, or (e) Purchases for the purpose of providing the property to consumers as part of competitive telephone service, as defined in RCW 82 04 065 The term shall include every sale of tangible personal property which is used or consumed or to be used or consumed in the performance of any activity classified as a "sale at retail" or "retail sale" even though such property is resold or utilized as provided in subsection (1)(a), (b), (c), (d), or (e) of this definition following such use, or (f) Purchases for the purpose of satisfying the person's obligations under an extended warranty as defined in subsection (8) of this definition, if such tangible personal property replaces or becomes an ingredient or component of property covered by the extended warranty without intervening use by such person (2) "Sale at retail" or "retail sale" also means every sale of tangible personal property to persons engaged in any business activity which is taxable under BMC 3 48 050(lxg) (3) "Sale at retail" or "retail sale" shall include the sale of or charge made for tangible personal property consumed and/or for labor and services rendered in respect to the following (a) The installing, repairing, cleaning, altering, imprinting, or improving of tangible personal property of or for consumers, including charges made for the mere use of facilities in respect thereto, but excluding charges made for the use of coin- operated laundry facilities when such facilities are situated in an apartment house, rooming house, or mobile home park for the exclusive use of the tenants thereof, and also excluding sales of laundry service to nonprofit health care facilities, and excluding services rendered in respect to live anneals, birds and insects, (b) The constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for consumers, including the installing or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation, and shall also include the sale of services or charges made for the clearing of land and the moving of earth excepting the mere leveling of land used in commercial farming or agriculture, (c) The charge for labor and services rendered in respect to constructing, repairing, or improving any structure upon, above, or under any real property owned by an owner who conveys the property by title, possession, or any other means to the person performing such construction, repair, or improvement for the purpose of performing such construction, repair, or 10 Business Licenses and B & 0 Tax - Engaging in Business improvement and the property is then reconveyed by title, possession, or any other means to the original owner, (d) The sale of or charge made for labor and services rendered in respect to the cleaning, fumigating, razing or moving of existing buildings or structures, but shall not include the charge made forjanitonal services, which is taxed as a service in this chapter, (e) The sale of or charge made for labor and services rendered in respect to automobile towing and similar automotive transportation services, but not in respect to those required to report and pay taxes under Chapter 82 16 RCW, (f) The sale of and charge made for the furnishing of lodging and all other services, except telephone business and cable service, by a hotel, rooming house, tourist court, motel, trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property, and it shall be presumed that the occupancy of real property for a continuous period of one (1) month or more constitutes a rental or lease of real property and not a mere license to use or enjoy the same For the purposes of this subsection, it shall be presumed that the sale of and charge made for the furnishing of lodging for a continuous period of one (1) month or more to a person is a rental or lease of real property and not a mere license to enjoy the same, (g) The sale of or charge made for tangible personal property, labor and services to persons taxable under subsections (3)(a), (b), (c), (d), (e), and (f) of this definition when such sales or charges are for property, labor and services which are used or consumed in whole or in part by such persons in the performance of any activity defined as a "sale at retail" or "retail sale" even though such property, labor and services may be resold after such use or consumption Nothing contained in this subsection shall be construed to modify subsection (1) of this definition and nothing contained in subsection (1) of this definition shall be construed to modify this subsection (4) "Sale at retail' or "retail sale" shall also include the providing of competitive telephone service to consumers (5) "Sale at retail' or "retail sale" shall also include the sale of canned software other than a sale to a person who presents a resale certificate under RCW 82 04.470, regardless of the method of delivery to the end user, but shall not include custom software or the customization of canned software (6) "Sale at retail' or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the building, repairing, or improving of any street, place, road, highway, easement, right-of-way, mass public transportation terminal or parking facility, bridge, tunnel, or trestle which is owned by a municipal corporation or political subdivision of the State, the State of Washington, or by the United States and which is used or to be used pnmanly for foot or vehicular traffic including mass transportation vehicles of any kind (public road construction) (7) "Sale at retail" or "retail sale" shall also include the sale of or charge made for labor and services rendered in respect to the constructing, repairing, decorating, or improving of new or existing buildings or other structures under, upon, or above real property of or for the United States, any instrumentality thereof, or a county or city housing authority created pursuant to Chapter 35 82 RCW, including the installing, or attaching of any article of tangible personal property therein or thereto, whether or not such personal property becomes a part of the realty by virtue of installation (government contracting) (8) "Sale at retail' or "retail sale" shall also include the sale of or charge made for an extended warranty to a consumer For purposes of this subsection, "extended warranty" means an agreement for a specified duration to perform the replacement or repair of tangible personal property at no additional charge or a reduced charge for tangible personal property, labor, or both, or to provide indemnification for the replacement or repair of tangible personal property, based 11 Business Licenses and B & 0 Tax - Engaging in Business on the occurrence of specified events The term "extended warranty" does not include an agreement, otherwise meeting the definition of extended warranty in this subsection, if no separate charge is made for the agreement and the value of the agreement is included in the sales price of the tangible personal property covered by the agreement (9) "Sale at retail' or "retail sale" shall not include the sale of services or charges made for the clearing of land and the moving of earth of or for the United States, any instrumentality thereof, or a county or city housing authority Nor shall the term include the sale of services or charges made for cleanmg up for the United States, or its instrumentalities, radioactive waste and other by- products of weapons production and nuclear research and development (This is reported under the service or other classification ) (10) "Sale at retail" or "retail sale" shall not include the sale of or charge made for labor and services rendered for environmental remedial action (This is reported under the service and other classification ) "Sale at wholesale" or "wholesale sale" means any sale of tangible personal property which is not a retail sale, and any charge made for labor and services rendered for persons who are not consumers, in respect to real or personal property, if such charge is expressly defined as a retail sale when rendered to or for consumers "Sale at wholesale" also includes the sale of telephone business to another telecommunications company as defined in RCW 80 04 010 for the purpose of resale, as contemplated by RCW 35 21 715 "Services" means any business activity other than or in addition to those defined in this section "Software," "canned software," "custom software," "customization of canned software," "master copies," "retained rights." (1) "Canned software" means software that is created for sale to more than one (1) person For purposes of this chapter, canned software is deemed to be tangible personal property regardless of the method of delivery - tangible media (e g, disk or installed on hardware) or intangible (e g , electronically over telecommunications paths) (2) "Custom software" means software created for a single person (3) "Customization of canned software" means any alteration, modification, or development of applications using or incorporating canned software to specific individualized requirements of a single person Customization of canned software includes individualized configuration of software to work with other software and computer hardware but does not include routine installation Customization of canned software does not change the underlying character or taxability of the original canned software (4) "Master copies" of software means copies of software from which a software developer, author, inventor, publisher, licensor, sublicensor, or distributor makes copies for sale or license The software encoded on a master copy and the media upon which the software resides are both ingredients of the master copy (5) "Retained rights" means any and all rights, including intellectual property rights such as those rights ansing from copyrights, patents, and trade secret laws, that are owned or are held under contract or license by a software developer, author, inventor, publisher, licensor, sublicensor, or distributor (6) "Software" means any information, program, or routine, or any set of one (1) or more programs, routines, or collections of information used, or intended for use, to convey information that causes one (1) or more computers or pieces of computer - related peripheral equipment, or any combination thereof, to perform a task or set of tasks "Software" includes the associated documentation, materials, or ingredients regardless of the media upon which that documentation is provided, that describes the code and its use, operation, and maintenance and that typically is delivered with the code to the consumer All software is classified as either canned or custom 12 Business Licenses and B & 0 Tax - Engaging in Business "Successor" means any person to whom a taxpayer quitting, selling out, exchanging, or disposing of a business sells or otherwise conveys, directly or indirectly, in bulk and not in the ordinary course of the taxpayer's business, any part of the materials, supplies, merchandise, inventory, fixtures, or equipment of the taxpayer Any person obligated to fulfill the terms of a contract shall be deemed a successor to any contractor defaulting in the performance of any contract as to which such person is a surety or guarantor "Tax year" or "taxable year" means the calendar year "Taxpayer" means any person, as herein defined, required to have a business license under this chapter or liable for the collection of any tax or fee under this chapter, or who engages in any business or who performs any act for which a tax or fee is imposed by this chapter "Tuition fee" includes library, laboratory, health service and other special fees, and amounts charged for room and board by an educational institution when the property or service for which such charges are made is furnished exclusively to the students or faculty of such institution 'Educational institution," as used in this section, means only those institutions created or generally accredited as such by the State and includes educational programs that such educational institution cosponsors with a nonprofit organization, as defined by the Internal Revenue Code Section 501(c)(3), as hereafter amended, if such educational institution grants college credit for course work successfully completed through the educational program, or an approved branch campus of a foreign degree - granting institution in compliance with Chapter 28B 90 RCW, and in accordance with RCW 82 04 4332 or defined as a degree - granting institution under RCW 28B 85 010(3) and accredited by an accrediting association recognized by the United States Secretary of Education, and offering to students an educational program of a general academic nature or those institutions which are not operated for profit and which are privately endowed under a deed of trust to offer instruction in trade, industry, and agriculture, but not including specialty schools, business colleges, other trade schools, or similar institutions "Value of products." (1) The value of products, including by- products, extracted or manufactured, shall be determined by the gross proceeds derived from the sale thereof whether such sale is at wholesale or at retail, to which shall be added all subsidies and bonuses received from the purchaser or from any other person with respect to the extraction, manufacture, or sale of such products or by- products by the seller (2) Where such products, including by- products, are extracted or manufactured for commercial or industrial use, and where such products, including by- products, are shipped, transported or transferred out of the City, or to another person, without prior sale or are sold under circumstances such that the gross proceeds from the sale are not indicative of the true value of the subject matter of the sale, the value shall correspond as nearly as possible to the gross proceeds from sales in this State of similar products of like quality and character, and in similar quantities by other taxpayers, plus the amount of subsidies or bonuses ordinarily payable by the purchaser or by any third person with respect to the extraction, manufacture, or sale of such products In the absence of sales of similar products as a guide to value, such value may be determined upon a cost basis In such cases, there shall be included every item of cost attributable to the particular article or article extracted or manufactured, including direct and indirect overhead costs The Director may prescribe rules for the purpose of ascertaining such values (3) Notwithstanding subsection (2) of this definition, the value of a product manufactured or produced for purposes of serving as a prototype for the development of a new or improved product shall correspond to (a) the retail selling price of such new or unproved product when first offered for sale, or (b) the value of materials incorporated into the prototype in cases which the new or improved product is not offered for sale "Value proceeding or accruing" means the consideration, whether money, credits, rights, or other property expressed in terms of money, a person is entitled to receive or which is 13 Business Licenses and B & 0 Tax - Engaging in Business actually received or accrued The term shall be applied, in each case, on a cash receipts or accrual basis according to which method of accounting is regularly employed in keeping the books of the taxpayer "Wholesaling" means engaging in the activity of making sales at wholesale, and is reported under the wholesaling classification SECTION 2. Severab&V If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. E_ffectrve Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of P 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \L egal\Legal \Ordmances\Finance\BMC 3 48 030 Engaging in Business doc 14 Business Licenses and B & 0 Tax - Engaging in Business DATE SUBMITTED January 31, 2011 5,rD AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeee eeeeseeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Correction to Minutes of Committee Meeting Date N/A Special Session and Study Session — COUNCIL MEETING Date N/A August 11, 2010 Department City Council Presenter Will Maupm Phone (360) 473 -5280 SUMMARY: When a bid award is awarded by City Council, typically the amount of the bid is noted either in the agenda bill summary or in the final motion Item Al `Bid Award and Approval of Contract for Construction of the Park Avenue Plaza Parking Garage" as approved by Council on August 11, 2010 included bid information in the supporting documentation but not in the item's summary or motion Therefore, the proposed correction to the meeting minutes includes a bid in the amount of $5,400,000 within the project description for the record ATTACHMENTS: corrected Special Session and Study Session — August 11, 2010 (page 1 of 3) FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Minutes of Meeting of Special Session and Study Session for August 11, 2010 as amended COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL SPECIAL SESSION & STUDY SESSION MINUTES August 11, 2010 A Special Session and Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, August 11, 2010, at 5 00 PM, with Council President Nick Wofford presiding Council Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Wofford emphasized that the Special Session was open to the public, comments were welcome from the public, and that action would be taken A SPECIAL SESSION Al — BID AWARD AND APPROVAL OF CONTRACT FOR CONSTRUCTION OF THE PARK AVENUE PLAZA PARKING GARAGE Gary Sexton Executive Department, explained that a call for bids was issued for the construction of the Park Avenue Plaza Parking Garage with the bid opening held on August 5, 2010, and that nine qualified bids were received It is recommended that the bid be awarded to SERPANOK CONSTRUCTION, INC of Tacoma, the lowest responsible bidder with a bid ik the = amount of $5,400,000__; which is within the bond funds available for the contract and is further recommended that the Construction Contract Agreement be executed The garage will be part of a planned 50,000 sq ft development at the corner of Park Avenue and Burwell Street, with room for about 250 parking spaces There were no comments from the public 05:10.00 Motion was made by Arends, and seconded by Wheeler Discussion was then open to the Council Roy Runyon referred to several sections of the contract to address his questions and concerns regarding the cap on Change Orders, hazardous materials, and if performance and payment bonds would be required Mr. Sexton answered the cap on Change Orders is $250,000, there would be a $300,000 contingency, and that performance and payment bonds were required Cecil McConnell expressed his concerns about access to the United Way parking lot and encroachment of the street right of way, and commented that the City did not need another parking garage in that area Mr. Sexton stated that negotiations were continuing with representatives of United Way regarding access to their parking lot, and provided further details of the plan for the right of way, width of street, bulb outs, and sidewalks for the area Council Member Brockus arnved to the meeting at 5 23 PM 05:24:00 M /S /C (ArendsA/Vheeler) Move to approve the bid award for the construction of the Park Avenue Plaza Parking Garage to SERPANOK CONSTRUCTION, INC, the lowest responsive qualifying bidder, and authorize the Mayor to finalize and execute the Construction Agreement with substantially the same terms and conditions as presented Voted in favor of Motion McDonald, Brockus, Runyon, Wheeler, Robinson, Arends, Maupin, and Wofford Voted opposed to Motion McConnell Motion carried 8 -Yes, 1 -No The Special Session was concluded at 5.25 PM DATE SUBMITTED December 9 2010 AGENDA BILL CITY OF BREMERTON , CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: Public Hearing on Lease of Committee Meeting Date Jan 12th 2011 Smith School Park to Krtsap Community COUNCIL MEETING Date Jan 19 4 Fek. 2 n d( Resources for Cluldren's Nature Park and Department Parks and Recreation Parking 2'd o' 2 Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY: Krtsap Community Resources (KCR) operates Head Start and other child development programs at the former Smith School building This agreement allows KCR to improve, maintain and operate the I 1 acre adjacent city park property for a children's nature play area The improved park and play area will be open to for public use with the exception of hours when KCR has a scheduled children's program in the facility The Park Board reviewed the plans for the proposed nature play area at an advertised public meeting and voted unanimously to recommend the KCR agreement to Council The proposed lease incorporates and replaces the Smith School Parking lease previously approved by Council on Nov. 9` 2009 ATTACHMENTS: Exhibit "A" Smith Park property description Exhibit `B" Additional parking property description Exhibit " C" Maintenance Responsibilities FISCAL IMPACTS (Include Budgeted Amount). Savings of approximately $2,500 in combined utilities and maintenance labor APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR COMMITTEE CHAIR COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING 2 �� RECOMMENDED MOTION: �T� e n+�nn + -^ + T 1L�ILCIIlIi - g " � Motion for second Public Hearing on Feb 2" a . I move to authorize the -Mayor to enter into the Smith Park nature play area and parking lease with Krtsap Community Resources and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action C?' "P L , • ,y. - zabeth Ave. mn 1�1�1 F• 7 .� 1 .l .) 7 t tHC r♦ V + 1 1 1 � � •� k ' ` I �} �� } '. � �� 119 . rn ; .,�,, m m 1! c .... K � J "y wt• `5 '�G� a G/► C J cI J ya i � • � A a� : ' t ".f*M co 3 a m a ol t Jwi r O ✓"•°' r r " t� / ^ eo II w r1Y�f ' f ' r • 3 y _ _ • 4 -1 P Park Aver' 1°• } ' _ -.Y ..v J�''^""..._.Y ....._a,.._.. _..4 �� , `_ ��a►�'� � ► r,A. �'`TiF 3 � �r i, _ �' •t+`Sf LEASE AGREEMENT This Lease is entered into on the date fully executed below by and between THE CITY OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter referred to as "Lessor" or "City "), and KITSAP COMMUNITY RESOURCES, (hereinafter referred to as "Lessee ") RECITALS WHEREAS, the City now owns certain land which Lessee wishes to use for development of a children's nature park, outdoor classroom and additional customer parking WHEREAS, it is the parties' desire to enter into a five (5) year lease with options to extend for use of this property, NOW, THEREFORE, the City and Lessee agree as follows 1. PROPERTY. (a) Property Defined. The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions set forth in this Lease (hereinafter the "Property") (b) Survey, Maps, and Plans Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. (c) Inspection The City makes no representation regarding the condition of the Property, or the improvements located on the Property. 2. USE. (a) Permitted Use /Conditions. Lessee shall have the right to maintain and use the property (described in exhibit "A ") as an outdoor children's park and outdoor classroom and develop the 6,552 sq ft. former tennis court area (described in Exhibit `B ") as parking for its business and the children's park The lessee shall obtain required permits and approvals as specified by Public Works, Community Development and other applicable city departments prior to developing \using the additional parking area It is agreed this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any use or improvements to the site 1 Lessee is responsible for obtaining all applicable permits required for development of its improvements LEASE AGREEMENT -1 Krtsap Community Resources 2 Lessee is solely responsible for the cost of making improvements to the property. 3 Lessee is solely responsible for the cost of utilities and maintenance of the property and shall keep it safe and in good order at all times 4. Leased property shall remain open and available to the general public for use as a children's nature play area, with the exception of those tunes when a KCR children's program is using all of or a portion of the property for a scheduled program or event. In the event that KCR denies public access to Smith Park, for reasons other than maintenance or a scheduled KCR program, the City shall lease to be in default. 5 Lessee shall pursue certification of the unprovements by the Arbor Day Foundation as a "Nature Explore Classroom" 6. Lessee will adhere to best practices, applicable safety standards and all Federal regulations including ADA in the design and construction of playground improvements 7 Lessee is responsible for trash pickup and the costs of disposal 8 Lessor provides no warranty on the current irrigation system and operation and improvements to the system shall be the responsibility of Lessee 9 Lessee may remove existing landscaping and children's play toys located on the property at its own cost. 10. Lessee shall not permit consumption of alcohol or unleashed dogs on the property 11. Lessee shall sign the property in a manner that indicates it is open and available for appropriate public use (b) Restrictions on Use Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property Lessee shall also not cause or permit any filling activity to occur on the Property without required permits. Tlus requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's use and except as otherwise approved in writing by the City If Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure If Lessee fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property This section shall not in any way limit Lessee's liability under Section 8, below The covenants contained in Section 2(b) shall survive expiration or termination of this Lease (c) Conformance with Laws Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property LEASE AGREEMENT - 2 Kitsap Community Resources (d) Liens and Encumbrances Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. (a) Term Defined The term of this Lease is five (5) years (the "Term "), beginning on the day of 2010 (the "Commencement Date "), and ending on the day of 2015 (the "Termination Date "), unless terminated sooner under the terms of this Lease. However, Lessee shall have the option to extend the term of this lease for two (2) additional five (5) year terms If Lessee desires to exercise its option to extend the term of this lease pursuant to this section, Lessee shall provide notice to Lessor no later than ninety (90) days prior to the termination of the initial five (5) year term or any subsequent term. (b) End of Term Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed on the Commencement Date, reasonable wear and tear excepted (c) Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term The occupancy shall be a month -to -month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law 4. LEASE PAYMENT. (a) During the term of this Lease, Lessee agrees that in exchange for the benefit of this lease and as payment for this lease, the Lessee shall maintain the property commonly known as the Smith School Neighborhood Park (Smith Field) (identified in Exhibit "A ") during the pendency of this lease Maintenance requirements for Smith Field shall be established by the City as identified in Exhibit "C " 5. IMPROVEMENTS. (a) Lessee -Owned Improvements So long as this Lease remains in effect, Lessee shall retain ownership of all Existing Improvements and all authorized improvements it may place on the Property (collectively "Lessee -Owned Improvements ") Lessee -Owned Improvements shall not include any construction, reconstruction, alteration, or addition to the Property by the City (City -Owned Improvements) or any Unauthorized Improvements as defined in Subsection 5(d) below No Lessee -Owned Improvements shall be placed on the Property without the City's prior written consent. (b) Construction Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City -Owned or Lessee - Owned), Lessee shall submit to the City plans and specifications which describe the proposed LEASE AGREEMENT - 3 Krtsap Community Resources activity Construction or any alteration shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty (30) days in which to review the proposed plans and specifications The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days Upon completion of construction or alteration, Lessee shall promptly provide the City with as-built plans and specifications The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity (c) Removal Unless otherwise agreed by the City in writing, Lessee -Owned Improvements shall not be removed by Lessee during the Lease term or upon expiration or termination of this Lease and upon expiration or termination of tlus Lease, shall become the property of the City without payment by the City. (d) Unauthorized Improvements Improvements made on the Property without the City's prior consent pursuant to Subsection 5(b) or which are not in conformance with the plans submitted to and approved by the City ( "Unauthorized Improvements ") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal (e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee 6. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release ") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ( "Hazardous Substances ") in, on or about the Property Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Property occurring at any time after the Commencement Date and ansing out of the activities of Lessee, or any of its agents, representatives or employees The provisions of this paragraph shall survive termination or expiration of this Lease LEASE AGREEMENT - 4 Kitsap Community Resources 7. ASSIGNMENT AND SUBLETTING. (a) City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City 8. INDEMNITY. (a) The City shall not be liable for any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property and caused by or resulting from any act or omission by Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee, and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Lessee's use and occupancy of said Property The foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor (b) Should a court of competent jurisdiction determine that this Lease 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 Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51, RCW SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION This waiver has been mutually negotiated by the parties The provisions of Section 8 shall survive the expiration or termination of this Lease 9. INSURANCE. (a) General Commercial Liability Insurance Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000 00) per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carved by Lessor The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor. LEASE AGREEMENT - 5 Kitsap Community Resources (b) Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all msurance(s) required in this Lease (c) Subrogation The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in this Lease 10. MAINTENANCE AND REPAIR. (a) The City's Repairs The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term (b) Lessee's Repairs, Alteration, Maintenance and Replacement (i) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements in good order and repair, in a clean, attractive, and safe condition including maintenance of the parking area, signage, striping and sweeping (ii) Lessee shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority (iii) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 11. DAMAGE OR DESTRUCTION. (a) In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City (b) Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property. 12. DEFAULT AND REMEDIES. (a) Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following (i) Failure to meet the obligations determined to as payment for tlus lease or other expenses when due, (ii) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (iii) Failure to comply with any other provision of this Lease, (iv) Failure to cure a default pursuant to Section 12(b) below; (v) Lessee vacates or abandons the Property, LEASE AGREEMENT - 6 Kitsap Community Resources (vi) Failure to comply with the terms of the Right -of -Way permit set forth in Exhibit B, or (vii) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property. (b) Failure to Cure A default shall become an event of default ( "Event of Default ") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default Notice of default is not required in the case Lessee vacates or abandons the Property 13. REMEDIES ON DEFAULT. (a) Termination and Re- entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written notice to Lessee and the Lessor shall have the right to enter upon the Property and re -take possession thereof (b) Removal of Personal Property. In the event of a retaking of possession of the Property by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Property or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 14. ENTRY BY LESSOR. The City shall have the right to enter the Property at any time to inspect for compliance with the terms of this Lease The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property 15. NOTICE. Any notices required or permitted under tlus Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time LEASE AGREEMENT - 7 Kitsap Community Resources Lessor Director of Parks and Recreation City of Bremerton 345 Sixth Street, Suite 600 Bremerton, Washington 98337 Lessee Krtsap Community Resources A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable 16. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions (a) Authority. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so (b) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto (c) Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease (d) Modification No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest The City shall not be bound by any oral representations or statements (e) Cumulative Remedies The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise (f) Time is of the Essence Time is of the essence of this Lease and each and all of its provisions in which performance is a factor (g) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. (h) Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any LEASE AGREEMENT - 8 Krtsap Community Resources action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. (i) Waiver No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. (k) Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods (1) Quiet Enjoyment. The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease (m) Recording of Short Form Lease Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any tune at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this Lease, setting forth a description of the Property, the terms of this Lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. (n) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof (o) Duplicate Originals This Lease Agreement may be executed in duplicate originals. IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the last signature below CITY OF BREMERTON KITSAP COMMUNITY RESOURCES By Patty Lent By Its- Mayor Its: Date Date APPROVED AS TO FORM. Roger A Lubovich, City Attorney LEASE AGREEMENT - 9 Kitsap Community Resources STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2010 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it as of the Krtsap Community Resources to be the free and voluntary act of said corporation for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 2010. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R \Legal\L egal \Contracts\PARKS\KCCR- SmithField doc LEASE AGREEMENT - 10 Kitsap Community Resources Exhibit "A" Description for Smith School Park (City of Bremerton) Lot 7, Tract 1 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington and Lots 1 and 8, Block 5 of the Plat of Central Addition to the City of Bremerton as recorded in Volume 3 of plats, Page 103, records of Kitsap County, Washington, situate in the southeast quarter of the northeast quarter of Section 14, Township 24 North, Range 1 East, W M , Kitsap County, Washington, lying northerly of the following described line, Beginning at the southwest corner of said Lot 8, also being the easterly right of way of Elizabeth Avenue, thence along said easterly right of way, N 1 °00'10" E 9 63 feet to the True Point of Beginning, thence leaving said easterly right of way, S 88 0 25'44" E 282 30 feet to the westerly right of way of Park Avenue and the terminus Together with the vacated alleys as recorded in Auditor's File Number 3246389, records of Kitsap County, Washington, lying adjacent to the above described parcel Legal Description for Parking Lease — Smith School Exhibit B The North 93 6 feet of the East 70 feet of Lot 7, Tract 1 of the Plat of Warren Smith's Acre Tracts as recorded in Volume 2 of the book of plats, Page 51, records of Kitsap County, Washington, situate in the southeast quarter of the northeast quarter of Section 14, Township 24 North, Range 1 East, W M , Kitsap County, Washington Consisting of 6,552 square feet Legal Description for Parlang Lease — Smith School Exhibit "C" Smith Playfield Maintenance Responsibilities 1) Litter control and disposal 2) Mowing and trimming 3) Irrigation system adjustment and repair 4) Removal of leaves and windblown debris 5) Maintenance and repair of play structures, toys, water features etc 6) Routine safety inspection of play equipment, toys and structures 7) Pruning, replacement and care of shrubs, trees, planting beds 8) Maintenance and repair of concrete, asphalt and gravel pathways DATE SUBNIITTED AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A . ........................................................ ............................... 514 SUBJECT: Ordinance No regarding Committee Meeting Date- 01 -26 -2011 regulatory licensing for pet and grooming COUNCIL MEETING Date: 02 -02 -2011 facilities (repeal) and creating a new chapter Department: Finance of the BMC relating to Street Vendors. Presenter: Becky Hasart Phone: 360 -473 -5722 SUMMARY: BMC Chapter 5.04 requires the regulation of Commercial Pet Facilities, Grooming Parlors, and Animal Welfare Facilities. The City does not currently regulate or believe there is a need to regulate these businesses. These businesses will continue to be subject to business licensing and B &O tax provisions. But by removing the regulatory provisions with the attached ordinance, we are removing an unneeded additional layer of bureaucracy. In addition, the attached ordinance creates a new BMC chapter which clarifies the licensing and regulatory requirements for street vendors. Our existing codes have limited direction regarding the types, siting, and licensing requirements for street vendors. The attached helps our code become compliant with county health and fire code regulations. It also clarifies the proper process to be used to become licensed as well as defines the site distance requirements for their location. ATTACHMENTS: Proposed ordinance 0 0 . 5 - t -40 FISCAL IMPACTS (Include Budgeted Amount). None. APPROVALS: (� DEPARTMENT DIRECTOR. CITY ATTORNEY FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA L GENERAL BUSINESS PUBLIC HEARING ❑ RECOMMENDED MOTION: S �� O Move to approve Ordinance No. regarding regulatory licenses repealing Chapter 5.04 of the BMC relating to Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities and further repealing and replacing in its entirety Chapter 5.20 of the BMC with a new chapter relating to Street Vendors - - - ` - - - - - - - - - - -- - COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action - ORDINANCE NO. 5 I - � AN ORDINANCE of the City Council of the City of Bremerton, Washington, regarding regulatory licenses repealing Chapter 5 04 of the Bremerton Municipal Code relating to Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities and further repealing and replacing in its entirety Chapter 5 20 of the Bremerton Municipal Code with a new chapter relating to Street Vendors WHEREAS, the City does not currently regulate, or believe there is a need to regulate, Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities, therefore the City Council desires to repeal in its entirety Chapter 5 04 of the Bremerton Municipal Code relating to these facilities, and WHEREAS, the City Council desires to update the provisions of the Bremerton Municipal Code relating to Street Vendors by repealing and replacing in its entirety Chapter 5 20 with a new chapter, Chapter 5 08, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 5 04 of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" is hereby repealed in its entirety SECTION Z Subsection 7 08 030(a) of the Bremerton Municipal Code entitled "Commercial Pet Facilities, Grooming Parlors and Animal Welfare Facilities" is hereby amended to read as follows (a) License Required Commercial pet facilities, grooming parlors, and animal welfare facilities shall be licensed pursuant to Chapters 3 01, -5-83-and -5-04 5 02 BMC. SECTION 3. Chapter 5 20 of the Bremerton Municipal Code entitled "Street/Sidewalk Vendors" is hereby repealed and replaced in its entirety with a new chapter, Chapter 5 08 entitled "Street Vendors ", to read as follows Chapter 5.08 STREET VENDORS 5.08.010 LICENSE REQUIRED. It is unlawful for any person to engage in street vending in the City without first obtaining a regulatory license in addition to a business license 5.08.020 DEFINITIONS. (a) "Director" shall mean the Financial Services Director or designee (b) "Street vending" shall mean one who sells food, nonalcoholic beverages, flowers, plants, or other merchandise to the public from any stand, booth, cart, basket, tray, table or other device on any sidewalk, street, highway or public place (c) "Street vending site" shall mean the location of the street vending unit 1 Regulatory Licenses — Street Vendors & Pet Facilities (d) "Street vending unit" shall mean the cart, tables and other equipment used in conjunction with a street vending site 5.08.030 LICENSE APPLICATION. In order to obtain a regulatory license for street vending, an applicant must submit, in addition to the information required in BMC 5.03 050 for a regulatory license, the following: (a) A copy of the street vendor's regulatory license application and appropriate fee as set forth in Chapter 3.01 BMC (b) Submit the name and home and business addresses of the applicant, and the name and address of the owner, if other than the applicant, of the vending business or street vending unit to be used in the operation of the vending business. (c) A copy of the current City business license or a copy of the business license application and appropriate fee (d) Submit written approval for the vending by the abutting property owner The abutting property owner may revoke said approval upon written notice to the Director in which case the license shall be revoked pursuant to BMC 5.08 080 below (e) A description of the desired location and adjacent businesses and an accurate drawing showing the public area to be used, along with plans detailing the design and size of the vending unit to be used (f) A license or other written document from the Kitsap County Health District granting approval for each food and/or beverage vending unit (g) A license or other written document from the Fire Department granting approval for vendors using flammable substances. (h) Written approval from the City Parks and Recreation Department and/or Bremerton School District granting approval if the vending unit will be placed within two hundred feet (200') of a public park, school and/or playground (1) A certificate of insurance nammg the City as an additional insured The minimum liability coverage must be $500,000 00 combined single linut bodily injury and property damage, including products liability if food vending A certificate of insurance shall be provided to the City for review prior to issuance of the license A street regulatory license for street vending is wholly of a temporary nature and vests no permanent rights or interest in property. The City may reject an application and deny a license for health, safety, public welfare and other related reasons An application expires after thirty (30) days of filing if the required information is not submitted to the City during the thirty (30) day period The Director may grant an extension at his or her discretion 5.08.040 LOCATION REVIEW. Upon receipt of an application for a license or license renewal, the director shall review the location to determine if it is suitable for vending In making this determination, the director shall consider the following criteria (a) A sidewalk vending unit is limited to one (1) assigned location (b) No license shall be issued for a location within ten (10) feet of a driveway, wheelchair ramp, bus stop sign, or crosswalk at any intersection or any location which unreasonably interferes with the public's or city's use of the nght -of -way. The location of the vending unit shall not reduce or obstruct pedestrian passage on the sidewalk to less than five (5) feet to the nearest street trees, utility poles, traffic control signs and devices, parking meters, fire 2 Regulatory Licenses — Street Vendors & Pet Facilities hydrants, buildings and other similar devices and structures Such width shall be measured after including the dimensions of the cart, and any support equipment or accessories placed adjacent to the cart during operation Furthermore, such placement shall be consistent with any applicable standards established by the Americans with Disabilities Act and shall not obstruct vehicular traffic or parking or the use of any crosswalk, wheelchair ramp, bus, or taxi zone. (c) The license operating area for a street vending unit must be within a commercial or industrial zone as such is defined in the Bremerton Zoning Code. A street vending unit shall not be licensed in areas where zoning on adjacent private property is classified as residential (d) No license for a vendor shall be issued for a proposed vending site located within one hundred (100) feet of an existing vendor or retail store premise in which the license applicant's product is the primary product of the existing vendor's site or retail store without the written consent of said licensed vendor or retail store This distance requirement shall not apply to applications for special events or festivals issued under a master use license issued pursuant to Chapter 5.36 BMC (e) If a proposed vending site is located within two hundred (200) feet of a park or public school, the vendor must present written consent of the city's director of parks and recreation or the school district, respectively, if a proposed vending site is located within two hundred (200) feet of a private school, the vendor must present written consent of the administrator or manager of the private school This distance requirement shall not apply to applications for special events or festivals issued under a master use license issued pursuant to Chapter 5 36 BMC. (f) The use of vending devices must be compatible with and must not unreasonably interfere with the public interest in use of the public ways as public rights -of -way (g) In the event that two (2) or more applications for the same location are received, the earliest application, if approved, shall be awarded the location 5.08.050 HEALTH AND SAFETY STANDARDS. (a) Vendors of food and beverages shall comply with all standards established by the Krtsap County Health District (b) All sidewalk vending units in which food or beverage preparation occurs shall be inspected and approved by the City Fire Department to assure compliance of any cooking or heating apparatus with the following provisions (1) Deep fat, oil, or grease cooking processes employing heated liquid shall be protected by a fire extinguishing system approved by the Fire Department Processes involving heated fat, oil, grease, or liquids other than water shall be shielded from the public (2) Processes requiring flammable gas, liquid, or solid fuels shall not be licensed, unless approved by the Fire Department LPG containers shall be limited to no more than five (5) gallons' capacity, and no more than one (1) container per cart or vendor display (3) Storage of extra fuel is prohibited in the area of vending, or in any buildings, except as licensed by the Fire Department (4) Vendors using open -flame cooking where steaks, hamburgers, sausages, hot dogs, or other products producing grease -laden vapors are cooked shall not be stationed beneath the awning or canopy of a building Exception may be made when evidence is presented satisfying the Fire Department that no special threat is imposed to the building or awning by virtue of vendor location. (5) Pressure - cooking appliances shall be prohibited 3 Regulatory Licenses — Street Vendors & Pet Facilities (6) A fire extinguisher is required in all vending carts using open -flame cooking or cooking products producing grease -laden vapors 5.08.060 OPERATING CONDITIONS. Any person with a valid regulatory license issued pursuant to this chapter shall be subject to the following conditions (a) All vendors must display, in a prominent and visible manner, the license issued by the director under the provisions of this chapter. (b) Food and beverages sold must be capable of immediate consumption (c) The height of the vending unit, excluding canopies, umbrellas, or transparent enclosures, which must be approved by the director, shall not exceed five (5) feet (d) The vending site must be clean and orderly at all times, and the vendor must provide a refuse container for use by patrons (e) Soliciting or conducting business with persons in motor vehicles is prohibited (f) No merchandise shall be displayed using street furniture (planters, street lights, trees, trash containers, etc ) or placed upon the sidewalk. In addition, sales of merchandise shall not be allowed from a vehicle No use of any automatic coin- operated vending dispenser shall be allowed (g) Vendors shall not hinder use of any phone booth, mailbox, parking meter, fire alarm, fire hydrant (including automatic sprinklers or standpipe connections), newspaper vending machine, waste receptacle, bench, transit stop, or traffic signal controllers (h) Vendors shall obey any lawful order from a police officer or Fire Department official during an emergency or to avoid congestion or obstruction of the sidewalk. (1) No vendor shall make loud noises or use mechanical audio or noise- making devices or hawk to advertise his or her product (k) No licensed sidewalk vending unit shall be left unattended on a sidewalk, nor remain on the sidewalk between midnight and 6:00 a.m (1) Utility service connections are not licensed, except electrical, when provided by the owner of the abutting property Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. (m) Signs, banners and/or streamers may be attached to the vending unit for the purpose of advertising or identifying the vending unit, subject to approval of the abutting property owner (or representative or agent) and the director As determined by the director, such signs, banners, and/or streamers shall be situated so as to not unreasonably obstruct views of neighboring property or create a public safety hazard. Advertising signs may be placed on the vending unit but are not licensed on the sidewalk or street area. (n) The footprint of vending site is subject to the area constraints of the vending site location but in no event shall a vending site footprint exceed 200 square feet A vending unit shall not exceed the vending site footprint (o) A vinyl or canvas umbrella or tent may be included as part of the vending site, but its open coverage may not exceed the vending site footprint Any part of the umbrella or tent must have a nummum seven feet of vertical clearance to the sidewalk (p) Vending units shall not be locked or chained to a parking meter, City street light post, tree, or other street fixture or furniture 4 Regulatory Licenses — Street Vendors & Pet Facilities 5.08.070 LICENSE - RENEWALS. Applications for renewal of a license may be filed for the same location, features of the cart and/or products (i.e., from food to flowers) as originally applied for. A renewal not applied for prior to the expiration of the existing license may not receive a renewal of the license. A vendor requesting renewal of a license for a business that has changed or proposes to change location, features of the cart and/or products since the last application/renewal must follow the requirements for a new application There is no vested right to a renewal of regulatory license for street vending The City may reject an application and deny a license for health, safety and other related reasons. 5.08.080 LICENSE - REVOCATION. A regulatory license for street vending is wholly of a temporary nature and vests no permanent rights or interest in property The license may be revoked pursuant to BMC 5 03 070 at any time for good cause by the City upon thirty days' notice or without notice in case the use or occupation of the public place shall become dangerous or unsafe or upon failure to cure a notice of default If the revocation is due to circumstances beyond the vendor's control, then the license fee will be refunded on a prorated basis In addition, the regulatory license will ordinarily be revoked under the following conditions (a) The Kitsap County Health District withdraws approval or cancels necessary licenses, (b) The vendor violates any portion of the Bremerton Municipal Code, (c) The vendor misrepresents facts in the license application, (d) The Fire Department withdraws approval or cancels necessary licenses, (e) The vendor's insurance in the amounts required by this chapter is not current and in force (f) Upon the establishment of a retail store or a park or school as set forth in Section 5 08 040 (d) and (e) above unless the required consent is provided SECTION 3. Severabdaty If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of tlus ordinance and the same shall remain in full force and effect SECTION 4. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President 5 Regulatory Licenses — Street Vendors & Pet Facilities Approved tlus day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM. CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal\ Legal\ Ordinances\ Finance\ Regul atoryLicenses \StreetVendors- PetFacilities doc 6 Regulatory Licenses — Street Vendors & Pet Facilities DATE SUBMITTED AGENDA BILL "7,8 CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No 5/4 for Use Committee Meeting Date- 01 -26 -2011 Tax on Natural or Manufactured Gas COUNCIL MEETING Date* 02 -02 -2011 Department. Finance Presenter- Becky Hasart Phone 360- 473 -5722 SUMMARY: On May 20, 2008, the Court of Appeals issued a decision clarifying the "place of use" for local option brokered natural gas tax as the place where the customer first takes control of the product and not the place of consumption For Bremerton, this means that Cascade Natural Gas no longer pays the 6% utility tax on the gas delivered to the Puget Sound Naval Shipyard, as PSNS takes control of the gas at a location outside our city limits. To rectify this loophole, many cities are amending their municipal codes to levy a brokered natural gas use tax. The attached ordinance will create this taxing authority for our BMC. This change does not currently affect any existing businesses as the PSNS has a federal exemption. But this change will allow us to already have the authority on the books should new customers within our city limits consume brokered natural gas. Anyone already subject to the 6% utility tax on natural gas would not be affected. ATTACHMENTS: Proposed ordinance — An Ordinance... creating Chapter 3 49 .entitled "Use Tax — Natural or Manufactured Gas." p r Ce- >J o. 51 , FISCAL IMPACTS (Include Budgeted Amount). None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR G �' COUNCIL PRESIDENT CONSENT AGENDA ❑ GENERAL BUSINESS PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve Ordinance No. 51-4 creating Chapter 3.49 of the Bremerton Municipal Code entitled "Use Tax — Natural or Manufactured Gas." COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5 14 1 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Chapter 3.49 of the Bremerton Municipal Code entitled "Use Tax — Natural or Manufactured Gas." WHEREAS, the current provisions of the Bremerton Municipal Code do not contain provisions relating to the taxation of use of natural gas or manufactured gas in the City as a consumer; and WHEREAS, the City Council desires to update its code to add a new chapter to be able to tax such use in the city not taxed by the City's utility tax provisions set forth in Chapter 3.50 BMC; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Chapter 3.49 of the Bremerton Municipal Code entitled "Use Tax — Natural or Manufactured Gas" is hereby added to read as follows: Chapter 3.49 USE TAX — NATURAL OR MANUFACTURED GAS 3.49.010 EXERCISE OF REVENUE LICENSE POWER The provisions of this chapter shall be deemed an exercise of the power of the City to license and/or tax for revenue. The provisions of this chapter are subject to periodic statutory or administrative rule changes or judicial interpretations of the ordinances or rules. The responsibility rests with the licensee or taxpayer to reconfirm tax computation procedures and remain in compliance with the City Code. 3.49.020 BUSINESS LICENSE - REQUIRED. It is unlawful for any person to engage in business in the City without having first obtained a business license pursuant to Chapter 5.02 BMC. 3.49.030 IMPOSITION OF USE TAX Pursuant to RCW 82.14.230, there is hereby fixed and imposed upon every person for the privilege of using natural gas or manufactured gas in the City as a consumer at the rate of six (6) percent of the value of the gas used. 3.49.040 EXCEPTIONS AND DEDUCTIONS (a) The tax under this section shall not apply to the use of natural or manufactured gas if the person who sold the gas to the consumer has paid a tax imposed under BMC 3.50.050 of this code. (b) The "value of the gas used" shall have the meaning set forth in RCW 82.12.010(2)(a), and does not include any amounts that are paid for the hire or use of a 1 Use Tax — Natural or Manufactured Gas natural gas business in transporting the gas subject to this section if those amounts are subject to a tax which is imposed and paid under BMC 3.50.050 (c) There shall be allowed a deduction against the value of the gas used when- (1) the person who sold the gas to the consumer has paid a gross receipts tax similar to that imposed under this section to another state; or (2) the person consuming the gas has paid a gross receipt tax similar to that unposed under this section to another state. The deduction shall be with respect to and in the amount of the value of the gas for which the gross receipts tax was paid. 3.49.050 ADMINISTRATIVE PROVISIONS The administrative provisions for taxes contained in Chapter 3 86 BMC shall be fully applicable to the provisions of this chapter except as expressly stated to the contrary herein or by state law. 3.50.060 RULES AND REGULATIONS. The Director of Financial Services, or designee, may establish administrative rules and regulations as deemed appropriate, consistent with this chapter for the purpose of enforcing and carrying out its provisions. SECTION Z Severab&F If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. E f j`ective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 1 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney 2 Use Tax — Natural or Manufactured Gas PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal\Legal \Ordmances\Finance \Use Tax - Natural or Manufactured Gas doc 3 Use Tax — Natural or Manufactured Gas