HomeMy WebLinkAbout06/01/2011 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
JUNE 1, 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 — May 18, 2011
C Minutes of Study Session — May 25, 2011
D Professional Services Agreement with Confluence Engineering Group, LLC for Water
Quality Services
E Contract Modification No 1 to the Professional Services Agreement with West Sound
Engineering to perform a Crosstown Pipeline Alignment Survey
F Resolution No 3148 approving Phase 2 of the Bay Vista Final Plat
6 GENERAL BUSINESS
A Resolution No 3147 adopting the Bremerton Arts Commission Public Art Master Plan
B Lease Agreement with the Suquamish Tribe for their use of the Gorst Creek Hatchery
Area (Salmon Rearing Facility)
C Professional Services Contract with Imperial Parking (Impark) for Parking Fee Collection
and Enforcement
D Professional Services Agreement with Kitsap Humane Society (Animal Control) Contract
7 COUNCIL MEMBER REPORTS
8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
® 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
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THANK YOU
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL jrA
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SUBJECT: Claims & Check Register Study Session Date May 25, 2011
COUNCIL MEETING Date June 8, 2011
Department Financial Services
Presenter Becky Hasart
Phone 473 -5722
SUMMARY: Consent Agenda Item Approval of checks and electronic fund transfers
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount)
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
1) Check 343254 through 343468 and EFTS 10904 through 10937 in the amount of $1,615,839 37
2) Regular Payroll for the pay period ending April 15 2011 in the amount of $2,432 51
3) Regular Payroll for the pay period ending May 15, 2011 in the amount of $43 95
4) Retiree Payroll for the pay penod ending May 31, 2011 in the amount of $80,165 55
STUDY SESSION ACTION: ❑ Con ent Agenda ❑ General Business ❑ Public Hearing
1 4
COUNCIL PRESIDENT
COUNCIL ACTION: ® Approve ❑ Deny \ :1 (le ❑ Continue ❑ No Action
Form Updated 4/18/2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 155
■■ eeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeesaeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee�
SUBJECT: City Council Meeting Minutes
For meeting of COUNCIL MEETING Date JVY► - o
May Department City Council
Ov `ay 18 , jo (( Presenter Will Maupin, President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS: N/A
APPROVALS: N/A
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
STUDY SESSION ACTION: X Consent A ends ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT .'
COUNCIL ACTION: ❑ Approve ❑ Deny Ej Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, May 18, 2011
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May
18, 2011, at 5 00 PM in Council Conference Room 603 of the NORM DICKs GOVERNMENT CENTER, 345
61h Street, Bremerton, Washington, with Council President Will Maupin presiding Council Members
present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam
Brockus, Cecil McConnell, and Jim McDonald 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 Associate Pastor Dennis Huelle of Peace Lutheran Church
MAYOR'S REPORT — Mayor Lent
• Presented a Mayor's Citizen Recognition Award to Brianna Lammi for earning first place for
her Elk's Youth Week, essay, 'Why 1 am proud to be an Amencan',
• Presented a Mayor's Citizen Recognition Award to Sarah Wyrich and members of the
Bremerton High School Wind Ensemble for their performance at Carnegie Hall last month
where they received a silver plaque award,
• Proclaimed May 30, 2011 as "Memorial Day ", and encouraged the public to attend the Memorial
Day ceremony at the "Tomb of the Unknown Soldier" at Ivy Green Cemetery,
• Presented a Certificate of Support for Leadership Kitsap to Kathy Nelson Executive Director,
• Presented a Mayor's Appreciation Award to Jerald McDonald for tourism promotion,
• Introduced Dawn Nelson as the City of Bremerton's new Municipal Court Services Manager,
• Proclaimed the Week of May 15 to 21, 2011 as "Armed Forces Week ", and lastly
• Announced that 3 host families are needed for Kure Exchange Students July 23 to August 26
PUBLIC RECOGNITION
Todd Best described a recent experience where he received a parking ticket while visiting downtown
and would like to help the City find a solution to the parking problems in Bremerton
Don Stahl owner of Boston Pizza, felt that it was time for the City to remove the "No Parking" signs,
which he said did nothing to prevent the problem of cars "shuffling" and are not customer friendly.
Jerry McDonald stated that he happened to be at Boston Pizza when Mr Best received his parking
ticket and hopes the City can make some changes quickly before tourist season begins President
Mau in agreed, and asked anyone with an idea to help alleviate the parking problem to please notify
the City Mr. Stahl reiterated his suggestion for the City to remove the unfriendly signs
CONSENT AGENDA
A Check Numbers 343050 through 343253, and EFT -10869 through EFT -10903 in the amount of
$2,077,035 79, and Regular Payroll for the pay period ending May 15, 2011 in the amount of
$714,02280
B Minutes of Meeting — May 4, 2011
C Minutes of Study Session — May 11, 2011
D Ordinance No 5150 amending Section 2 09 040 of the Bremerton Municipal Code (BMC) entitled
"Office of the City Clerk — Duties" to appoint a temporary Deputy City Clerk in absence of City
Clerk
E Lease - Purchase Agreement for 9 Toro Mowers for maintenance of Gold Mountain Golf Complex
City Council Reg Mtg Minutes
Wednesday, May 18, 2011
Page 2 of 6
F License Agreement with Bremerton Farmer's Market for use of a portion of Evergreen Rotary
Park
G Grant Agreement with the Washington State Department of Ecology for Matan Park LID
Improvements (Retrofit Project) constructed by Washington Conservation Corps (WCC)
H Resolution No 3145 amending Rate Table H related to production, rental, and membership rates
and fees for Bremerton Kitsap Access Television (BKAT)
There were no comments from the public
05:55:40 M /S /C /U (Runyon /Arends) Move to approve the CONSENT AGENDA as presented
PUBLIC HEARINGS
6A — ORDINANCE NO. 5149 TO VACATE AN ALLEY FOR OLYMPIC COLLEGE BETWEEN 13 &
15 STREETS. WEST OF WARREN AVENUE Gunnar Fridriksson Engineering, summarized that
Olympic College has petitioned the City of Bremerton to vacate the alley between 13 and 15
Streets, West of Warren Avenue The College is completing campus improvements including
replacement of parking lots to new building construction The new parking lot will encompass the
entire block between 13 and 15 Streets, and Broadway and Warren Avenues rendering the alley
useless for access Deferred compensation and fees for this vacation is requested until the right -of-
way dedication along 13 Street and Warren Avenue is completed
President Maupin opened the Public Hearing for comment
John H. Larson read a statement into the record to express his concern about the timing of this
issue, which he believed did not allow citizens a chance to weigh in prior to the Public Hearing
Brent Carson Attorney for Olympic College, discussed the issues faced by Olympic College; and
also presented a letter from Dan O'Toole of Qwest Communications that confirms and verifies that
they have no objections to the requested Right -of -Way vacation
President Maupin closed the Public Heanng for further comment
06:07:55 Motion to vacate the alley was made by McDonald, and seconded by Brockus; Discussion
was then opened to the Council
Mr. Runyon agreed with Mr Larson that the process should be examined Mr. Fridriksson
explained that the City recommended the vacation be done before proceeding with the project, and
established that it was Olympic College that made the decision to go forward with the vacation
Mr. Wheeler stated that he too agrees that a public hearing should take place early in the process to
allow citizens an opportunity to provide comment, but he understands the special circumstance in this
particular case
06:11:25 M /S /C /U (McDonald /Brockus) Move to pass Ordinance No 5149 to vacate an alley for
Olympic College between 13 and 15 Streets, West of Warren Avenue
City Clerk Carol Eta►en explained that one presentation would be provided for the next three items
613 — RESOLUTION NO. 3142 ADOPTING THE 2012 CITY OF BREMERTON / KITSAP COUNTY
CDBG /HOME COORDINATED GRANT APPLICATION Marie Vila Block Grant Administrator and
Doug McIntyre Block Grant Coordinator, stated that the City of Bremerton Block Grant Program has
joined with Kitsap County Block Grant and Kitsap Regional Coordinating Council (KRCC) Homeless
and Affordable Housing Grant Programs to develop and present the 2012 Coordinated Grant
Application The application document also includes schedule, estimated funding available,
resources, instructions, and procedures for applying
City Council Reg Mtg Minutes
Wednesday, May 18, 2011
Page 3 of 6
President Maupin opened the Public Hearing for comment
Stewart Walton Kitsap CASH Program, thanked the Council for acknowledging the CDBG process
President Maupin closed the Public Hearing for further comment
06:27:22 Motion to adopt the Coordinated Grant Application was made by Brockus, and seconded by
Runyon, Discussion was then opened to the Council
Comments in support were provided by Mr. Runyon Ms. Robinson Mr. Wheeler and Mr.
Maupin
Ms. Robinson also asked if the funding for the Homeless and Affordable Housing Programs will
follow the same process as CDBG Ms. Vila answered that the funding requests would be part of the
same process but funded through a different funding source which is through the Kitsap Regional
Coordinating Council (KRCC)
Mr. Wheeler agreed that combining services with three other entities would be cost efficient, but
asked if the City would still retain the same amount of funding Ms. Vila replied yes
06:33:51 M /S /C /U (Brockus /Runyon) Move to pass Resolution No 3142 adopting the 2012
Coordinated Grant Application
6C — RESOLUTION NO. 3143 ADOPTING THE AMENDED 2012 CITY OF BREMERTON / KITSAP
COUNTY CDBG /HOME CITIZEN PARTICIPATION PLAN Marie Vila Block Grant Administrator
and Doug McIntyre Block Grant Coordinator, pointed out that the Citizen Participation Plan (CPP) is
mandated by HUD for entitlement jurisdictions in receipt of Community Development Block Grant and
HOME Funds Bremerton's CPP is a joint document with Kitsap County Block Grant, and was last
updated January 1, 2011 The Plan has been amended to reflect formation of anew, multi -
jurisdictional Grant Recommendation Committee, and to amend the definition of "Substantial
Amendment"
President Maupin opened the Public Heanng for comment
With no comments provided, President Maupin closed the Public Hearing
06:35:00 Motion to adopt the City of Bremerton /Kitsap County CDBG /HOME Citizen Participation
Plan was made by Wheeler, and seconded by Brockus, There were no comments by the Council
06:35:24 M /S /C /U (Wheeler /Brockus) Move to pass Resolution No 3143 adopting the City of
Bremerton /Kitsap County CDBG /HOME Citizen Participation Plan
61) — RESOLUTION NO. 3144 ADOPTING THE 2012 CITY OF BREMERTON / KITSAP COUNTY
CDBG /HOME POLICY PLAN Marie Vila Block Grant Administrator and Doug McIntyre Block
Grant Coordinator, explained that the CDBG /HOME Policy Plan sets parameters for the City's
management of its HUD entitlement, including eligibility, application, review and implementation
requirements and processes for grant funded projects The 2012 Policy Plan is a joint City of
Bremerton and Kitsap County Block Grant plan In addition, five new policies are being introduced
President Maupin opened the Public Hearing for comment
With no comments provided, President Maupin closed the Public Heanng
06:36:40 Motion to adopt the City of Bremerton /Kitsap County CDBG /HOME Policy Plan was made
by Robinson, and seconded by Wheeler, Discussion was then opened to the Council
City Council Reg Mtg Minutes
Wednesday, May 18, 2011
Page 4 of 6
Ms. Robinson hoped this coordinated plan works well for the citizens of Bremerton
06:37:22 M /S /C /U (Robinson/Wheeler) Move to pass Resolution No 3144 adopting the City of
Bremerton /Kitsap County CDBG /HOME Policy Plan
GENERAL BUSINESS
7A — REAL ESTATE PURCHASE AND SALE AGREEMENTS BETWEEN THE CITY OF
BREMERTON (SELLER) AND BREMERTON CINEMA. LLC (BUYER) FOR THE PARK AVENUE
PLAZA CINEMA AIR SPACE CONSISTING OF APPROXIMATELY 30,500 SQUARE FEET: Gary
Sexton Executive, summarized that the property which Bremerton Cinema, LLC agrees to buy is
commonly known as the Park Avenue Plaza Cinema air space consisting of approximately 30,500
square feet, situated on real estate located at Burwell Street and Park Avenue, Bremerton One of
the contingencies of this Purchase and Sale Agreement is the approval by City Council and Mayor of
the Parking Lease Agreement
06:44:55 Motion to approve the purchase and sale agreement was made by Wheeler, and seconded
by Runyon
There were no comments from the public
Discussion was then opened to the Council
Comments of support were provided by Mr. Brockus Mrs. Arends Mr. Wheeler and Mr. Mauoin
Mr. Runyon had a question about the proceeds of the sale Mr. Sexton replied that the proceeds of
the sale go towards the match of a grant
06:50:25 M /S /C /U (Wheeler /Runyon) Move to approve the Purchase and Sale Agreement with
Bremerton Cinema, LLC (Buyer) for the Park Avenue Plaza Cinema air space consisting of
approximately 30,500 square feet
7B — LEASE AGREEMENT WITH BREMERTON CINEMA LLC FOR PARKING SPACES IN THE
PARK AVENUE PLAZA GARAGE Gary Sexton Executive, said that this agreement includes a
three year lease with five three -year options with Bremerton Cinema, LLC (Lessee) for parking in the
Park Avenue Plaza Garage for theater attendance and associate cafe on Park Avenue The lease
includes approximately 200 spaces at varying time of day, day of week, and month of year as detailed
in the agreement
06:50:45 Motion to approve the lease agreement was made by Runyon, and seconded by Wheeler
There were no comments from the public
Discussion was then opened to the Council
Comments of support were provided by Mr. Wheeler Mr. Wofford and Mr. Brockus
Mr. McConnell asked about the hours of parking and related signage Mr. Sexton responded that
the theatre will not have the ability to issue tickets, but will be able to contact enforcement to address
issues
06:56:25 M /S /C /U (Runyon/Wheeler) Move to approve the Lease Agreement with Bremerton
Cinema, LLC for parking in the Park Avenue Plaza Garage and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented
7C — RESOLUTION NO. 3146 AUTHORIZING AN INTERFUND LOAN TO THE GENERAL FUND
FROM THE EQUIPMENT RENTAL RESERVE (ERR) FUND; AND APPROVING A BUDGET
City Council Reg Mtg Minutes
Wednesday, May 18, 2011
Page 5 of 6
ADJUSTMENT TO THE GENERAL FUND Becky Hasart Financial Services Director, stated that
the City Council, during its meeting of May 11, 2011, approved a settlement agreement with Kitsap
County and Housing Kitsap authorizing payment to Housing Kitsap in the amount of $1,150,000 no
later than June 1, 2011 in full settlement of the County and Housing Kitsap's claim against the City
under the City Contingent Loan Resources with which to repay the settlement in full are not
presently available in the General Fund requiring that the settlement amount be financed over time
The least cost financing alternative is a loan from another city fund It has been determined that the
Equipment Rental Reserve fund has adequate surplus cash to loan Repayment of the loan would be
over a ten year period at an interest rate that reflects the return on municipal investments The
resolution also provides for an increase to the General Fund 2011 expenditure budget in the amount
of $1,150,000 to provide for the payment of the settlement amount
There were no comments from the public
06:58:44 Motion to authorize an inter -fund loan to the General Fund and to increase the General
Fund Budget was made by Brockus, and seconded by Wofford
06 A substitute motion was made by Runyon, and seconded by McDonald
Discussion was then opened to the Council
Mr. McConnell commented that he would not support an inter -fund loan since it would take 10 years
to repay the $1 15 million but that he could support using the reserve since that would not directly
impact the citizens
Mr. Brockus asked what constitutes an emergency which is a condition to take funds from the
reserve Ms. Hasart explained that the Bremerton Municipal Code specifies that an emergency is an
unforeseen and /or emergency situation The Council would need to declare the emergency and
approval would be by a 9 -0 vote
Mr. Runyon stated that if the inter -fund loan were used, there would be an approximate $60,000
interest expense and believed that using the reserve is the fiscally responsible thing to do
Mr. Lubovich and Ms. Qgen agreed that if the substitute motion passes unanimously, then the main
motion is replaced
Mr. McConnell asked what the return is currently on the reserve Ms. Hasart answered about 1%
07:09:05 Substitute- M /S /C /U (Runyon /McDonald) Move that the settlement payment of $1 15 million
to Housing Kitsap approved on May 11, 2011 constitutes a financial emergency due to the City's lack
of unbudgeted liquid funds available prior to June 1, 2011, and further move to authorize payment of
such from the Contingency Reserve Fund
COUNCIL MEMBER REPORTS
Dianne Robinson thanked Marie Vila and Doug McIntyre for their efforts with the CDBG program,
reported on her attendance at a meeting with "One Church, One Family" last Sunday, and
congratulated fellow Council Member Roy Runyon for being named Kitsap Transit Access Driver of
the Month
Greg Wheeler recognized the Kiwanis Club for all of their efforts in keeping the floats moving for the
parade, the Central Lions Club for serving pancakes, and the Chamber of Commerce for organizing
the event, reminded the public about the Bremerton's Farmers Market which is held every Thursday
4 00 to 7 00 PM at Evergreen Park through mid- October, announced on Thursday, May 19 a Public
Design Workshop "Green Street Right -of -Way Road Design Improvements to 4 th & 5th Streets
between Kiwan►s Park and Warren Avenue "will be held from 5 30 to 7 00 PM in Camerman Hall at
Our Lady Star of the Sea Church located at the corner of 5 th & Veneta
City Council Reg Mtg Minutes
Wednesday, May 18, 2011
Page 6 of 6
Roy Runyon thanked everyone who participated in the US Postal Food Drive, as well as the Junior
Corps who helped process the foods received, announced the Armed Forces Day Parade begins at
10 00 AM this Saturday, announced Kitsap Harbor Festival events on May 27 in Bremerton and Port
Orchard, with the foot ferry running over that weekend, and announced that Movies on the Roof will
be held on Fridays this July on July 15, 22, 29 and August 5 beginning after 7 00 PM at Harborside
Commons Garage (formerly JC Penney's Building) at the corner of Pacific Avenue and Burwell
Street Pre -1970 vehicles may park on the roof
Adam Brockus looked forward to July 26 when the Manette Bridge will be closed to vehicular traffic,
but reminded the public that the businesses in that area will still be open, if interested in making a
donation for the 7 h & Ironsides park call the Council Office at (360) 473 -5280, if interested in
providing handicapped accessible playground equipment, please contact the Parks Department at
(360) 473 -5428, and mentioned that Boeing was looking at property at the Port of Bremerton
Jim McDonald announced that Thursday, May 19, the Papa John's located at 3100 Wheaton Way
will donate 10% of their proceeds from all pizza sales to the Kitsap 9/11 Memorial
Will Maupin reported on the Puget Sound Regional Council (PSRC) Growth Management Policy
Board where the Silverdale Urban Growth Area and fast ferry service were discussed, was amazed at
all of the visitors at the First Friday Art Walk held a few weeks ago, even though it was a rainy and
dreary day
9A — EXECUTIVE SESSION
The Council recessed from 7 27 to 7 42 PM for a 15- Minute Executive Session to discuss `Pending
Litigation" per RCW 42 30 110 (1)(i) No action was taken
With no further business, President Maupin adjourned the Council Meeting at 7 45 PM
Prep red and Submitted by
LORI SMITH
Legislative Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL N5
SUBJECT: City Council Meeting Minutes
For meeting of COUNCIL MEETING Date TUV1C a.o
Department City Council
M Qy Presenter Will Maupin, President
Phone (360) 473 -5280
SUMMARY: Attached is a summary of the City Council Meeting.
ATTACHMENTS: Meeting Minutes
FISCAL IMPACTS: N/A
APPROVALS: N/A
RECOMMENDED MOTION:
Move to approve the Consent Agenda as presented
STUDY SESSION ACTION: Consent A enda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT f` '
COUNCIL ACTION: ❑ Approve ❑ Deny EfTable ❑ Continue ❑ No Action
Form Updated 4/18/2011
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
May 25, 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 th Street, Bremerton,
Washington, Wednesday, May 25, 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 approx 5 37 PM), 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
A NO DISCUSSION PLANNED -The following items are budgeted items or have been reviewed
by the appropriate Council Committee
1 Professional Services Agreement with Confluence Engineering Group, LLC for Water
Quality Services — Kathleen Cahall, Water Resources Manager, and Jim McDonald, Public
Works Committee Chair Consent Agenda on June 1
2 Contract Modification No 1 to the Professional Services Agreement with West Sound
Engineering to perform a Crosstown Pipeline Alignment Survey — Tom Knuckey, Managing
Engineer, Water & Wastewater Utilities, Public Works & Utilities Department, and Jim
McDonald, Public Works Committee Chair Consent Agenda on June 1
3 Resolution to approve Phase 2 of the Bay Vista Final Plat — Allison Daniels, City Planner,
Department of Community Development, and Greg Wheeler, Planning Committee Chair
Consent Agenda on June 1
B FULL DISCUSSION ITEMS
4 Lease Agreement with the Suquamish Tribe for their use of the Gorst Creek Hatchery Area
(Salmon Rearing Facility) on City Property — Gary Sexton, Redevelopment Projects
Administrator General Business on June 1
5 Professional Services Contract with Imperial Parking (Impark) for Parking Fee Collection
and Enforcement — Gary Sexton, Redevelopment Projects Administrator, Becky Hasart,
Financial Services Director, and Nick Wofford, Finance Committee Chair General
Business on June 1
6 Resolution to adopt the Bremerton Arts Commission Public Art Master Plan — Andrea
Spencer, Community Development Department Director, Emily Russell, Chair of the Arts
Commission, Joanie Pearson, Member of the Arts Commission, and Greg Wheeler,
Planning Committee Chair General Business on June 1
7 Professional Services Agreement with Kitsap Humane Society (Animal Control Contract) —
Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair
General Business on June 1
8 Status Update and Report on Kitsap 9/11 Memorial Design Concept — Jim McDonald,
Kitsap 9/11 Memorial Executive Committee Member Information only...
C GENERAL COUNCIL BUSINESS
Council Committee Chair reports were provided, and General Council Business was discussed
City Council Study Session Minutes
Wednesday, May 25, 2011
Page 2of2
President Maupin adjourned the Study Session at 8 25 PM
Prep ed and Submitted by
LORI SMITH
Legislative Assistant
Attest
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WMCEIscg
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL t5D
■■ eeeseeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeee
SUBJECT: Study Session Date May 25, 2011
Professional Services Agreement COUNCIL MEETING Date June 1, 2011
Confluence Engineering Group LLC Department Public Works & Utilities
Presenter K Cahall, Water
Resources Manager
Phone 473 -2315
SUMMARY:
The Water Resources Division in the Department of Public Works and Utilities has a need for
technical assistance in several areas of drinking water quality regulations - Disinfection /Disinfection
By- product Rule and the Groundwater Rule - and in the preparation of the Water System Plan which
is required by the Department of Health to be updated every six years The schedule for this
agreement is for the next two years and the contract total is not to exceed $40,000 Confluence
Engineering personnel has assisted Bremerton in similar technical capacity in past projects and is
highly capable in this area
ATTACHMENTS:
Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount)
This project was budgeted in the 2011 Water Utility Operation and Maintenance budget for the Water
Resources Division
APPROVALS:
DEPARTMENT DIRECTOR �•
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
To approve the contract with Confluence Engineering and authorize the Mayor to finalize and
execute the agreement with substantially the same terms and conditions as presented
STUDY SESSION ACTION: XCons1nt A da ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ T le [:]Continue ❑ No Action
Form Updated 4118/2011
PROFESSIONAL SERVICES AGREEMENT
Confluence Engineering Group LLC
The City of Bremerton ( "City ") and Confluence Engineering Group LLC ( "Consultant "),
referred to collectively as the "Parties," enter into the following Agreement for professional
services
L Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated May 6, 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
IL Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B, provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this agreement
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $40,000 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/Confluence Engineering
Water Quality and Water System Plan Issues
Page 1 of 13
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub - Consultants of the
Consultant Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub- Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work
As an independent Consultant, Consultant is responsible for its own management The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF BOAUrIITY 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/Confluence Engineering
Water Quality and Water System Plan Issues
Page 2 of 13
VL 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 $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 operationstbroad form property
damage, explosion, collapse and underground (XCI) if applicable, and employer's
liability, and
3. Professional Liability, insurance with limits no less than $1,000,000 limit per
occurrencelclaim
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 a Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension
or substantive change of any insurance policy set out herein, and failure to do so shall be
construed to be a breach of this Agreement
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage
Bremerton/Confluence Engineering
Water Quality and Water System Plan Issues
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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 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 offices in 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
Bremerton/Confluence Engineering
Water Quality and Water System Plan Issues
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F Severability Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect
G. Modification, This Agreement may only be modified by written instrument signed by
both Parties
H Written Notices All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing
City Address Consultant Address
Water Resources Division Confluence Engineering Group, LLC
3027 Olympus Drive 517 NE 92nd Street
Bremerton, WA 98310 Seattle, WA 98115
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 Assipment, 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
Bremerton/Confluence Engineering
Water Quality and Water System Plan Issues
Page 5 of 13
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non - performing Party Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement
A. Excusable Delays. The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency, 2)
any acts of the City, its consultants, or other public agencies causing such delay, and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay It 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 Ri is 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 B
its its
Date Date-
Approved as to form Attest
Bremerton City Attorney City Clerk
R. U. EGAUCordrads\FORMS\Professiona! Samces Agreement Form (2003) doe
Bremerton/Confluence Engineering
Water Quality and Water System Plan Issues
Page 6 of 13
PROFESSIONAL SERVICES AGREEMENT FOR WATER QUALITY SERVICES
ATTACHMENT A - SCOPE OF WORK
BACKGROUND
There are four water quality and regulatory compliance topics for which the City of Bremerton
would like consulting support. These include:
1. Disinfection Byproduct (DBP) Formation and Control Plan
2. Groundwater Rule (GWR) Compliance Assessment
3. Discolored Water Investigation
4. Water System Plan (WSP) Support Services
S. Other technical services only to be performed on written request by the City.
It Is anticipated that services for items 1 and 2 will be provided in 2011, and services for items 3
and 4 will be provided in 2012. One overarching Project, entitled Water Quality Services, will
be administered.
TASK 1- PROJECT MANAGEMENT
Objectives
Organize and manage the project to fulfill the project objectives described in this Scope of
Work.
Confluence Activities
1. Manage budget and schedule.
2. Provide quality control reviews.
3 Hold progress calls with City Project Manager as needed and at key milestones.
4. Prepare monthly progress reports and Invoices.
City Responsibilities
1. Participate in progress calls.
2. Payment of submitted invoices within 30 days.
Deliverables
1 Minutes from progress calls summarizing key action items.
2. Monthly progress report and invoice.
Assumptions
1. Project will begin in Q3 2011 and be completed by Q2 2013.
2. 2011 rate schedule will be used for the project duration.
7
Bremerton Wafer Quality Services Scope of Work
TASK 2 — DISINFECTION BYPRODUCT FORMATION AND CONTROL PLAN
Objective
Characterize DBP formation and causative factors within the City's distribution system and prepare a
DBP Control and Response Plan. This task will build upon the findings and recommendations from the
Phase 1 DBP Evaluation completed in 2008
1.1 Data Request and Review
1. Prepare data and information request. Data /information types expected to include:
a. IDSE DBP Data and Stage 2 DBP Rule Monitoring Plan with sites shown on system map.
b. Additional Stage 1 DBP Rule routine compliance monitoring results since January 2008,
including associated C12, temperature, pH, and HPC data where available.
c. Laboratory QC data
d. Additional data related to special studies, split samples, reservoir chlorine boosting, etc.
e. Chlorine, HPC, etc. from coliform sample stations.
f. Capacities and turndown for pump stations that feed the E490 zone.
g. Reservoir 15/18 configuration (capacity, geometry, inlet/outlet configuration, etc.) and
operations data. Anticipated data to include: SCADA data suitable to perform a temporal
water balance in E490 zone (e.g., inflow /outflow rates for zone, inflow /outflow rates for
Res 15/18, Res 15/18 water levels), operational /control philosophy for Res 15/18 (e g.,
level setpoints, pump station control)
2. Organize and review data received.
1.2 Assess DBP Formation Causative Factors
1 Conduct Reservoir 15/18 water age and mixing analysis
a. Using in -house spreadsheet models, calculate turnover and average water age under
current typical winter and summertime demand and reservoir operating modes.
b. Develop a monitoring plan (and associated laboratory analytical cost estimate), which
will be implemented by the City during summer 2011. The monitoring plan will be used
to identify spatial water quality conditions within the reservoir during fill /drain cycles,
and to assess water quality changes (Inc. DBPs), mixing effectiveness, and stratification.
This reservoir monitoring plan will be integrated with a system monitoring plan. Both
plans will be implemented concurrently by the City, as described below under Item 2.
c. Discuss reservoir and system monitoring plan with City via conference call (less than one
hour).
d. Evaluate reservoir monitoring data to assess mixing and water quality conditions within
the reservoir.
e Develop recommendations for improving mixing and /or turnover /water age conditions
within Res 15/18 to reduce DBP formation and disinfectant loss.
f Develop hydraulic modeling scenarios to be implemented by City, if needed, to assess
feasibility of alternate operating conditions.
2. Develop DBP and water quality profile across system
8
Bremerton Water Quarry Services Scope of Work
a. Develop a monitoring plan (and associated laboratory cost estimate) to allow for an
evaluation of DBP, disinfectant residual, temperature, UV absorbance, conductivity, etc.
from locations throughout the system. These would include Reservoir 4, the E490 zone
entry- point, and other system locations as desired by the City and /or based on the initial
data review. City to implement this monitoring plan in summer 2010, concurrent with
the reservoir monitoring plan noted above.
b. Obtain water age and blend fraction hydraulic model output at the monitored locations
under relevant demand /operating scenario from the City's hydraulic model to assist
with interpretation of monitoring data. City to perform extended- period hydraulic
model simulation based on source operation and system demands consistent with the
actual monitoring time period.
c. Evaluate monitoring data and model output to interpret water quality trends and water
movement/blending patterns.
3. Conduct bench -scale DBP formation tests
a. Prepare a bench -scale testing protocol (and associated laboratory cost estimate) to
conduct simulated distribution system (SDS) testing on Union River source water. The
tests would be used to evaluate DBP formation and related water quality trends (UV
absorbance at 272 nm, disinfectant decay) under varying conditions. Four treatment
scenarios are anticipated as summarized below, with DBP and water quality analyses
anticipated at two discrete times per scenario. Thus, there would be 4 x 2 = 8 paired jar
samples for testing.
1. Current chlorine dose conditions.
I. Current pH endpoint at the CCF (control sample).
H. Alternate, lower pH.
2 Lower initial chlorine dose with booster chlorination after a period of time.
I. Current pH endpoint at the CCF
H. Alternate (lower) pH).
b. Perform SDS testing, including chlorine dosing and pH adjustment, time- series pour -offs
for DBPs, chlorine boosting, and water quality analyses. Confluence to coordinate the
shipping of DBP samples to the laboratory designated by City, with laboratory billing
going directly to City.
4. Compile Task 2 2 results for analysis in Task 2 3.
1.3 Summarize Findings
1. Prepare draft Technical Memorandum (less than 10 pages) that summarizes the approaches
used, data obtained, and key findings of Tasks 21 and 2.2.
2 Prepare for and conduct conference call with the City (approx. one hour) to discuss findings and
obtain comments. Findings will be used to develop DBP Control and Response Plan in Task 2.4
3. Finalize Technical Memorandum based on City comments
9
Bremerton Wafer Quality Services Scope of Work
1.4 Prepare DBP Control and Response Plan
1. Work with City to select up to three key DBP "trigger levels" for response, such as:
a. Exceeds 60/45 Stage 1 DBP Rule reduced monitoring criteria; or Stage 2 Operational
Evaluation criteria
b. Approaching MCL
c. z MCL
2. Use Findings from Task 2.3 plus Stage 1 and 2 DBP Rule requirements to develop a draft DBP
Control and Response Action Plan. The Plan will summarize trigger level- specific response
actions the City should consider implementing, including monitoring, operations, maintenance,
treatment adjustments, modified source operating strategies, other).
3. Prepare Final DBP Control and Response Action Plan based on City comments. Y
City Responsibilities
I. Compile and provide requested data in a timely manner, using electronic format where possible.
2 Help interpret data as needed.
3. Participate in conference calls as requested, e.g., to discuss monitoring plans, draft technical
memorandum, draft DBP control and response plan, etc.
4 Review draft Monitoring Plans (Reservoir Monitoring and System Profile), provide unified set of
comments, and provide input on system locations to be included in the latter.
S. Implement Reservoir Monitoring Plan and System Profile Monitoring Plan.
6. Conduct hydraulic modeling, if needed, to assess the feasibility of alternate reservoir operating
conditions or alternate source operating strategies
7. Conduct extended- period hydraulic model simulation and provide data /graphs of water age and
blend ratios for monitoring sites.
S. Provide input on bench test conditions, i.e., initial and booster chlorine levels, target pH levels,
time to booster chlorinate, etc.
9. Collect and ship at least 4 gallons of Union River water to Confluence for SDS bench - testing.
10 Review draft Technical Memorandum (Task 2.3) and provide unified set of comments.
11. Assist with development of DBP Response Trigger Levels.
12. Review draft DBP Control and Response Plan and provide unified set of comments.
13. Contract directly with analytical lab, deliver samples, and pay external laboratory fees.
Deliverables
1. Data request
2. Reservoir hydraulic modeling scenarios.
3. Reservoir and System Profile Monitoring Plans.
4. SDS bench -test protocol.
S. Draft and Final Technical Memorandum to summarize findings of Tasks 2.1 and 2.2
6. Draft and Final DBP Control and Response Plan.
7. Conference call agenda and minutes summarizing key decisions and action items.
Assumptions
1 City will pay for all external laboratory fees (fees not included in Confluence fee table)
2. City will conduct all field sampling and analyses, with the exception of the SDS bench -tests
3. No on -site meetings to discuss results are needed.
10
Bremerton Water Quality Services Scope of Work
GROUNDWATER RULE COMPLIANCE ASSESSMENT
Objective
Review and comment on the City's Compliance Monitoring Strategy for the Anderson Creek Wellfield.
Confluence Activities
1. Review the City's CT calculations, monitoring locations, and monitoring approaches for ensuring
continuous 4-log virus inactivation at the Anderson Creek Wellfield.
2. Provide one set of cohesive comments associated with review.
3. Conduct conference call with City to discuss comments (approx. one hour induration).
City Responsibilities
1. Prepare Compliance Monitoring Strategy for the Anderson Creek Wells for Confluence review.
2. Review Confluence's comments.
3. Participate in call to discuss comments.
4. Incorporate comments and revise document.
Deliverables
1. One set of comments on City's Compliance Monitoring Strategy for Anderson Creek Wellfield.
2. Conference call to discuss Confluence comments.
Assumptions
1. No site visits will be needed to conduct review of City's analysis.
DISCOLORED WATER INVESTIGATION
Objective
To identify potential causes and associated remediation strategies associated with discolored
water events.
Confluence Activities
1. Prepare data request and review available data (water quality, customer complaints, flow
velocities, etc).
2. Develop monitoring plan for bulk water and sediment samples to be Implemented by City.
Monitoring program will capture water quality conditions associated with
a. Routine operations
b. Pigging operations
One day of field support will be provided to assist with collection of bulk water and
sediment samples using hydrant net assemblies or other sample collection technique to
assess mass of material released and general water quality characteristics (iron,
manganese, color, pH, HPCs, other trace inorganics to be measured by external
laboratory).
11
Bremerton Water Quality Services Scope of Work
I
I
3 Assess inorganics accumulation and release risk factors and identify potential mitigation
strategies.
4. Prepare brief draft Technical Memorandum (5 -10 pages) summarizing findings.
5. Prepare for and conduct conference call to discuss findings and obtain comments.
6. Prepare Final Technical Memorandum.
City Responsibilities
1. Provide available requested data and information
2. Conduct monitoring according to monitoring plan.
3. Conduct hydraulic modeling, if necessary, to determine flow velocities as a function of demand.
4. Coordinate with external laboratory and pay laboratory fees.
5. Provide one set of comments on draft Technical Memorandum.
6 Participate in conference call.
Deliverables
1. Data request.
2. Monitoring plan.
3. Phone meeting agenda and minutes.
4. Draft and Final Technical Memoranda
Assumptions
1 One day of field support provided.
2. City to pay for all external laboratory fees. Fees not included in Confluence budget.
WATER SYSTEM PLAN SUPPORT SERVICES
Objective
Provide as- needed assistance for updating the City's Water System Plan.
Confluence Activities
1. Review and comment on Water Quality section.
2. Conduct QC review of two additional draft Plan sections as requested.
City Responsibilities
1 Prepare updated chapters of Water System Plan for Confluence review
Deliverables
1. Provide written comments (using Track Changes) for selected chapters.
12
Bremerton Woter Quality Services Scope of Work
EXHIBIT B — SCHEDULE
This project will begin once the city signs the agreement after June 1, 2011 and the project will
be completed by June 30, 2013.
EXHIBIT C - BUDGET
The budget for the described Scope of Work is provided in the table below.
CRY of Bremerton - Water Ouality Services
Confluence Staffing Plan and Budget
RMdnMn HB Hanson 1 Nallatt
TBSk PrRieet Proleot Halal .t'onn anee Cbaet Tbmi
Prins Man •r Sh lneer TeehMmrn Hours Labor Casts' posts
1172 $138 $130 $82 $
10 Protect Management 14 4 0 S 27 x.088 $100 $3 786
Ma P 6
MontM P reas PtepoNinvoloss 8 4 9
2.0 DIF Formation and an 32 84 0 34 180 $18632 10 042
21 Data Request and Revkwv 2 a 2
22 Assess DBP Formation Causelys Fadore 10 32 22
23 Summarize Findings 10 22 1 a
24 Prepare DBP CoMrol and Response Plan 10 24 4
30 GWR Compliance Assemnent 4 12 0 0 18 $2,308 $80 $2,388
31 Review C Compliance stratew 2 8
32 Compile ComnMrrta 1 2
33 Cardvence Cap to Diacuse 1 2
4.0 DiwWored Water Investigation 8 40 0 16 88 280 $300 bap
41 Data Request and Review 1 6 2
43 Develop and Help Implement Mongoing Apposch 1 8 12
44 Assess Risk Fadom/Mk fat stratewes 2 8
45 P m Technical Menwmndum 4 16 2
46 Conference Cap to Discuaa 1 2
50 Water System Plan Suppmt 12 14 10 0 36 $g 284 $8 T61
51 Review and Comment an Water t]ual Section 4 10
52 Review and Comment on Other Sections a 14
Total Hour 71 184 10 Be 294
Total Dollar $1Z,Z12 :20.790 FI7300 KM $89,140 $M $40,000
*Includes trawl costs, use of Confluence equipment and reagents, etc Does not include e)bmal labomboryfeee
13
Bremerton Water Quality Services Scope of Work
DATE SUBMITTED April 13, 2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 15E
■■ aasaaaaaaa aa a 0 aaa a a aaaaa aa0 aaaaaaaaaaa0 0 a0aaa0 aa0 aaaaaa0 saa0 aa0 aaa0 a0 aaa aI
SUBJECT: Contract Modification Committee Meeting Date May 25, 2011
Number 1 to the Professional Services COUNCIL MEETING Date- June 1, 2011
Agreement with WestSound Engineering for Department. PW &U Engineering
Crosstown Pipeline Alignment Survey Presenter: Tom Knuckey
Phone 473 -2376
SUMMARY: WestSound Engineering was originally contracted for $24,770 to perform an
alignment survey for the Crosstown Pipeline Upper Reach Replacement project Additional survey
work is required since it has been determined that the originally proposed alignment is not
constructible The increased contract amount is $7,41125 for a revised contract amount of
$32,18125
ATTACHMENTS: 1.) Council Summary; 2.) Contract Modification Agreement No 1;
3.) Professional Services Agreement with WestSound Engineering
FISCAL IMPACTS The project is funded by WW funds and is included in the 2011 budget. The
revised amount of the Professional Services Agreement is not to exceed $32,18125
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY _
FINANCE DIRECTOR
MAYOR:
COUNCIL PRESIDENT J CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to approve the Professional Services Agreement Contract
Modification Number 1 with WestSound Engineering for the Crosstown Pipeline Alignment Survey
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
COUNCIL SUMMARY
Crosstown Pipeline Alignment Survey — Contract Modification Agreement #1
Proiect Summary
The work to be completed under this contract modification consists of additional survey work by
WestSound Engineering work along 11 w Street (from Naval Avenue to Montgomery Avenue) and
along Montgomery Avenue (from 11 cn Street to 8` Street). The need for the additional survey work
stemmed from the determination that the initially selected alignment would not be constructible due to
utility conflicts at the intersection of 6 St. and Montgomery Avenue. The original contract amount
was $24,770.00. The additional work will increase the contract amount by $7,41125, for a revised
contract amount of $32,18125. The work will be performed immediately, in support of the project
Crosstown Pipeline Replacement, which will be designed in 2011 and constructed in 2012.
Fiscal Summary
The work to be performed under the contract is paid for by Wastewater rates and budgeted for 2011.
Crosstown Pipeline Alignment Survey — Contract Modification Agreement #1
Council Summary
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND
WestSound Engineering
PROJECT Crosstown Pipeline Alignment Survey
CONSULTANT WestSound En 'n eenng
DATE March 30. 2011
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Crosstown Pipeline Alignment Survey AGREEMENT (the "Contract ") entered into between
the City of Bremerton and WestSound Engineering on January 26, 2011 and as modified on
March 30, 2011.
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows
L
Section L Scope . is modified as follows See Amended Scope of Work attached as
Exhibit A
Section II. Term . is modified as follows
The Consultant shall complete the work described in this Contract Modification Agreement by July
30, 2011
Section III. Compensation , is modified as follows
The original contract amount was $ 24,770 00 The City shall pay the Consultant for the additional
work described above, based on time and materials, an amount not to exceed $7,41125, for a total
amended contract amount of $32,18125, including this Contract Modification
11L
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kind, including
without limitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on -site or home office overhead, or lost profits. This
Contract Modification does not limit the City's right to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs and
CONTRACT MODIFICATION 1
Engineering Dept Project # 5336
other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
City Engineer I Public Works Director approved to process
Inttials and Date
CONSULTANT. THE CITY OF BREMERTON
By Craig Baldwin By Patty Lent
Its President Its Mayor
DATE DATE
APPROVED AS TO FORM: ATTEST:
Bremerton City Attorney City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
West Sound Engineering City of Bremerton
Attn Craig Baldwin Ann Bill Davis
217 Wilkins Dr SW 3027 Olympus Drive
Port Orchard, WA 98366 -4741 Bremerton, WA 98311
CONTRACT MODIFICATION 2
Engmecnng Dept Project # 5336
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EXHIBIT A
Scope of Work for Alternate Design Route
1. Confirm alternative design route with City staff and verify that utility locates
are completed.
2. Survey right -of -way to right -of -way for all known utilities. Survey for all
significant features within right -of -way, such as vegetation, located utilities
including individual service lines, (where available). This includes water
meters, water and gas valves, manholes, catch basins, power poles, burled
power lines, etc. Provide inverts of pipes for curb inlets, catch basins, and
manholes, (Ild elevations, all incoming /outgoing pipes), swales, ditches, or
other conveyances for surface runoff. Inside diameter dimensions and pipe
material (if discernable) will be provided. Survey pavement edge, street
centerline, sidewalks, curbs and gutter.
3. Calculate right -of -way alignments to establish a basis for the field survey
data. Reduction of field data and plot on the calculated right -of -ways to
check accuracy and completeness of the data. Drafting of topographic survey
base sheets Is not part of these services.
4. The survey data, Including all surveyed points, shall be provided in hard -copy
and electronic file format compatible with AutoCAD 2009. Hardcopy and
electronic copies of all survey field notes will be provided.
S. Survey work shall be performed on 11 Street from Naval Avenue to
Montgomery Avenue, and on Montgomery Avenue from 11"' Street to 8
Street.
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EXHIBIT B
Work Schedule
The following schedule is based on authorization to proceed by April 1, 2011.
WEEK 1, April 4 to April 8 1 '.: Research survey control and complete control field
survey. Begin topographic survey of pipeline
alignment.
WEEK 2, April 11 h to April 15 Complete topographic survey of pipeline alignment.
Reduce field survey data.
WEEK 3, April 18" to April 22" Complete field survey data reduction.
Plot and check data
Submit final work to the City of Bremerton.
This is an expedited schedule which may require a few more days for completion if work
flow is inadvertently delayed
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(EXHIBIT C
Fee Schedule
Services will be provided on a time and materials basis with a not -to- exceed
budget of $12,945.00. The estimated costs to provide these services are
itemized below.
Est.
Description Hours Bill Rate Cost ($)
Project Management, Project Manager 11.00 $150.00 $1,85000
Project Management, Clerical Support 200 $ $ 10000
Survey Control Research and Calculations 12.00 $11000 $1,320.00
Field Survey for Project Control 8.00 $160,00 $1,200.00
Field Topographic Survey 1- Person Crew 700 $12500 $ 87600
Field Topographic Survey 2- Person Crew 32.00 $160.00 $4,800.40
Measure Downs of Utility Structures 8.00 $16000 $1,200.00
Note Reduction, Plotting 20.00 $11000 $2,20000
Check Data Plots Boo $10000 $ 80000
Prepare and Submit Final Work 4.00 $11000 $ 440.00
TOTAL COSTS $12,946.00
The following billing rates will apply to this project.
Project Manager $150 /hr
Project Surveyor $110 /hr
Design Engineer $100 /hr
One- Person Field Crew $125 /hr
Two - Person Field Crew $150 /hr
Clerical Support $ 50 /hr
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PROFESSIONAL SERVICES AGREEMENT
[Crosstown Pipeline Alignment Survey / 53361
The City of Bremerton ( "City ") and WatSound Engineering ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
L Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated January 21, 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.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this agreement
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $24,770 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 11 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.
Bremerion/ Enema? in
Crosstown Ptpellne Alignment Stervex
Page 1 of 6
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IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its
field of expertise. Consultant and its personnel are independent Consultants and not employees
of the City. Consultant and its personnel have no authority to bind the City or to control the
City's employees and other Consultants. None of the benefits provided by the City to its
employees, including, but not limited to, compensation, insurance, and unemployment insurance
are available from the City to the employees, agents, representatives, or sub - Consultants of the
Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of
Consultant's agents, employees, representatives and sub - Consultants during the performance of
this Agreement. The City may, during the term of this Agreement, engage other independent
Consultants to perform the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnifleation: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement
Bremerton / WeslSound En ►neerrng
0 osstown P peline Al gnment Survg
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 $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 r
3. 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.
Bremerlon/ Engrneermg
Crosstown Reline Alignment Survey
Page 3 of 6
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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 Port Orchard, 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 offices in Port Orchard, 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.
Bremerton/ Engineer rn¢
Crosstown PWohne Alignment S iygy
Page 4of6
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address Consultant Address
City of Bremerton WestSound Engineering
ATTN: Bill Davis ATTN: Craig Baldwin
3027 Olympus Drive 217 Wilkins Dr SW
Bremerton, WA 98311 Port Orchard, WA 98366 -4741
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 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
B) emerton / WeslSound Engrneerrng
Crosstown P1peltne.4trgnrnent Survey
Page S of 6
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for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non - performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein; and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
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: 1
By: 1✓'� s � un.p �,n te ��iw ,'Thc,
its• PC (' its: �nc slof�,.)t
Date: 1 Date:
Ap oved as to form. Attest:
YLI/ L
Bremerton City Attorney City Cl
Bremerton/ Eng e n
C_rQSStown Piceltne Allenment Survey
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WestSound Engineering, Inc ^� y ~ ~ _ 217 Wilkins Drive S W
Port Orchard, Washington 98366.4741
1360) 876 -3770 • Fax 1360) 876 -0439
January 21, 2011
Bill Davis, P.E.
City of Bremerton Engineering Department
3027 Olympus Drive
Bremerton, WA 98310
RE: Crosstown Pipeline Repair - Surveying
Dear Mr. Davis,
Thank you for the opportunity to respond to your request for a proposal for the
survey work to be performed for this pipeline repair project. Proposed services will
Include the following:
Exhibit A: Scope of Work
Exhibit B: Work Schedule
Exhibit C: Fee Schedule
Please let us know if this proposal meets with your approval and we will formalized
a contract accordingly. If you have any questions please contact me at (360) 876-
3770. We are looking forward to working with you on this project.
Sincerely,
Craig T. Baldwin, P.E
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EXHIBIT A
Scope of Work
1. Conduct a walkthrough of the work area with the City prior to performing
survey work. This task includes identifying the project site, engineer design
needs, and City's requests.
2. Perform design locates (surface markings) of all known underground
conductible utilities within the project site. Utilities to be located shall include
electric, gas, communication, sanitary sewer, storm drainage, and water.
3. Survey right -of -way to right -of -way for all known utilities. Survey for all
significant features within right -of -way, such as vegetation, located utilities
including individual service lines, (where available). This Includes water
meters, water and gas valves, manholes, catch basins, power poles, buried
power lines, etc. Provide Inverts of pipes for curb inlets, catch basins, and
manholes, (lid elevations, all incoming /outgoing pipes) and swales, ditches,
or other conveyances for surface runoff. Inside diameter dimensions and pipe
material (if discernable) will be provided. Survey pavement edge, street
centerline, sidewalks, curbs and gutter.
4. Calculate right -of -way alignments to establish a basis for the field survey
data. Reduction of field data and plot on the calculated right -of -ways to
check accuracy and completeness of the data. Drafting of topographic survey
base sheets is not part of these services.
S. The survey data, Including all surveyed points, shall be provided in hard -copy
and electronic file format compatible with AutoCAD 2009. Hardcopy and
electronic copies of all survey field notes will be provided.
6. Miscellaneous Services: Work shall not commence on this item unless
approved In writing by the City.
EXHIBIT B
Work Schedule
The following schedule is based on authorization to proceed by January 28, 2011
WEEK 1, Jan. 31" to Feb. 4": Complete project walk through.
Research survey control and complete control field
survey.
Research existing utilities and coordinate field
locates of utilities by the respective utility
providers.
WEEK 2, Feb. 7" to Feb. I I t " : Begin topographic survey of pipeline alignment.
WEEK 3, Feb. 14" to Feb. 18` • Complete topographic survey of pipeline alignment.
WEEK 4, Feb. 21" to Feb. 25": Reduce field survey data.
Plot and check data.
Submit final work to the City of Bremerton
WestSound Engineering will expedite this schedule where possible to complete the work
ahead of the proposed schedule.
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EXHIBIT C
Fee Schedule
Services will be provided on a time and materials basis with a not -to- exceed
budget of $24,770.00. The estimated costs to provide these services are
itemized below.
Est
Description Hours Bill Rate Cost ($)
Project Management, Project Manager 800 $16000 $1,200.00
Project Management, Clerical Support 4.00 $ 50.00 $ 200.00
Project Walk Through, Project Manager 4.00 $150.00 $ 60000
Project Walk Through, Project Surveyor 400 $11000 $ 440.00
Survey Control Research and Calculations 1600 $110.00 $1,760.00
Field Survey for Project Control 16.00 $15000 $2,40000
Utility Research and Coordinate Locates 1200 $150.00 $1,80000
Field Topographic Survey 1- Person Crew 24.00 $125.00 $3,00000
Field Topographic Survey 2- Person Crew 32.00 $150.00 $4,800.00
Measure Downs of Utility Structures 12.00 $160.00 $1,80000
Note Reduction, Plotting 24.00 $11000 $2,64000
Field Check Data Plots 800 $125.00 $1,00000
Prepare and Submit Final Work 8.00 $110.00 $ 88000
Miscellaneous Services $ 2,26000
TOTAL COSTS $24,77000
The following bllling rates will apply to this project.
Project Manager $150 /hr
Project Surveyor $110 /hr
One - Person Field Crew $125 /hr
Two - Person Field Crew $150 /hr
Clerical Support $ 50 /hr
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL 5F
N06 3145
SUBJECT- Resolution approving Phase 2 Study Session Date May 2 5, 2011
of the Bay Vista Final Plat COUNCIL MEETING Date June / 2011
Department DCD
Presenter Allison Daniels
Phone 473 -5289
SUMMARY: The action before City Council is to approve Phase 2 of the Bay Vista Final Plat The
Council previously took action on this project by approving the Bay Vista Sub -Area Plan (Ordinance
No 5077) in February 25, 2009 Preliminary Plat approval was granted by the Administrative
Hearings Examiner in July 9, 2009 for the subdivision of 82 acres Bay Vista Final Plat Phase 1 was
approved by City Council (Resolution No 3114) on May 5, 2010 for 8 acres including 46 lots, 5
associated open space tracts and right -of -ways This proposal will grant final approval for
approximately 20 acres including 24 lots, 4 associated open space tracts and right -of -ways The
applicant has met all of the conditions of the Preliminary Plat approval for this phase and therefore the
City Engineer and Community Development Director recommend Final Plat approval
ATTACHMENTS:
Proposed Resolution granting Final Plat approval for Bay Vista Phase 2 with Exhibit A illustrating
the proposed lots
FISCAL IMPACTS (Include Budgeted Amount) None
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to adopt Resolution No 3 l4S approving Phase 2 of the Bay Vista Final Plat and authorizing
the City Council President to sign the mylar
STUDY SESSION ACTION: Cons t Agenda ❑ General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny 1 0 Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
RESOLUTION NO. '31
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving Phase 2 of the Bay Vista Final
Plat (File No BPI 1-00007)
WHEREAS, on February 25, 2009 the City Council passed Ordinance No 5077
granting approval of the Bay Vista Sub -Area Plan, and
WHEREAS, On July 9, 2009 the Administrative Hearings Examiner granted Bay
Vista Preliminary Plat approval after holding an open record public hearing to subdivide 82
acres, with associated open space tracts and right -of -ways, and
WHEREAS, On May 5, 2010 the City Council passed Resolution No 3114
granting approval for a portion of Bay Vista known as Bay Vista South Final Plat Phase 1 for
approximately 8 acres including 46 lots, 5 associated open space tracts, and right -of -ways, and
WHEREAS, Applicant is requesting Final Plat approval of a portion of the Bay
Vista preliminary plat known as the Bay Vista West Final Plat consisting of approximately 20
acres that includes 24 lots with 4 associated open space tracts and right -of -ways, and
WHEREAS, all applicable conditions set forth in the Preliminary Plat approval
have been met and Final Plat approval is requested,
WHEREAS, the City Engineer and Department of Community Development
Director recommend approval of Phase 2 of the Bay Vista Final Plat, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. Phase 2 of Bay Vista Final Plat as represented by the schematic
drawing in Exhibit A (Site Plan Layout) is hereby approved
SECTION 2. The City Council President is hereby authorized to sign the Mylar
SECTION 3. Severability If any one or more sections, subsections, or sentence
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect
SECTION 4. A ective Date This Resolution shall take effect and be in force
immediately upon its passage
Phase 2 - Bay Vista Final Plat
PASSED by the City Council of the City of Bremerton, Washington this
day of 9 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM ATTEST
ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk
R \ Legal \Legal \Resolutions \Community Development\Bay Vista Final Plat Phase 2 doc
Phase 2 - Bay Vista Final Plat
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Exhibit A -
0 ® Site Plan L ayout, ayout, Phase 2 _
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2106 PACIFIC AVENUE SUITE 300 TACOMA WA 60402
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AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL (oA
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t, tion � 3147
SUBJECT: Re u to adopt the Arts Study Session Date May 25, 2011
Commission Master Plan COUNCIL MEETING Date June 1, 2011
Department DCD
Presenter Andrea Spencer
Phone 473 -5283
SUMMARY: On July 30, 2005, the Bremerton City Council established the 1 % For Arts program and
the Bremerton Arts Commission to be administered through the Department of Community
Development Under Ordinance 4940 (Appendix B), all city funded capital improvements will provide
revenue for public art projects The enabling legislation lists three goals for the city's new public art
program Enhance and enrich the City's physical environment and public spaces, consider
opportunities to celebrate the multicultural and diverse character of Bremerton, and contribute to
Bremerton's sense of ownership and pride in public spaces and facilities
Through several years of teamwork and collaboration, the Bremerton Arts Commission created a
document to guide the placement of Public Art throughout the city Neighborhood Centers, as
defined in the Comprehensive Plan, are the primary focus of future Public Art to define each
neighborhood by its unique character and composition The result of this collaborative effort and
concern for art in all forms within the City of Bremerton is the Arts Commission Master Plan
No. 3147
ATTACHMENTS: Proposed Resolution and Exhibit A, Public Art Master Plan
FISCAL IMPACTS (Include Budgeted Amount) None
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION: Move adop Resolution No `311 7 approving the Bremerton Arts
Commission Public Art Master Plan
STUDY SESSION ACTION: ❑ Conse t Agenda General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny T Kle ❑ Continue ❑ No Action
RESOLUTION NO. 3147
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving the Arts Commission Master
Plan
WHEREAS, the Arts Commission and the I% for Arts Program were
established on July 20, 2005 by Ordinance 4940; and
WHEREAS, the Arts Commission has a vision of Public Art to stimulate
the vitality, economy and culture of our community; and
WHEREAS, the Arts Commission believes that Public Art will enhance
the quality of life for our citizens; and
WHEREAS, the goals of the Arts Commission is to enhance public
spaces, to celebrate multicultural and diverse character, and to contribute a sense of
ownership and pride in Bremerton, and
WHEREAS, the Arts Commission Master Plan provides a guide for the
Arts Commission to achieve its vision and goals for the City of Bremerton, and
WHEREAS, on March 10 2011, the Arts Commission unanimously
recommended City Council adopt the Master Plan, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS
SECTION 1. The recitals set forth in this resolution are hereby incorporated as
fully set forth herein
SECTION 2. The Arts Commission Master Plan attached hereto as Exhibit A
and incorporated herem by this reference is hereby approved as the Arts Commission Master
Plan
SECTION 3. Severab&U If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect
SECTION 4. E f ective Date This Resolution shall take effect and be in force
immediately upon its passage.
1
Arts Commission Master Plan
PASSED by the City Council of the City of Bremerton, Washington this
day of 9 2011
WILL MAUPIN, Council President
APPROVED AS TO FORM: ATTEST
ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk
2
Arts Commission Master Plan
Pu Art Master Flan
for Bremerton, Washington
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CITY OF �. y `� ' r
BREMERTON, ,; *t
Program
Table of Contents
for t he
gives to the citizens the Executive Summary 3
opportunity to experience
art in a public setting-" section one: A Vision for Public Art in Bremerton 6
Chief Craig Rogers, Bremerton Police
Department section two: Civic Placemaking in Bremerton and Our Neighborhood Plan 9
Front cover photo features the sculpture section three: Priorities for Public Art in Bremerton 12
Attitude 'by ba
Poulsbo,WA. appendix A: Policies and Procedures 16
appendix B: Supporting Documents 24
appendix C: Gallery of Work 28
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2 A Public Art Master Plan for Bremerton, Washington
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Executive Sum mary a.
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4 4 (Tteamwork is the ability Executive Summary —The Vision
The City of Bremerton has a two -part vision of public art which will be created through its I% For Arts program One
goal is to stimulate the vitality, economy and culture of our community The second is to enhance the quality of life
to work together • • a for its citizens This vision is based on the belief that public art has enabled people of all societies to understand their
common vision. communities and lives more clearly
The ability to direct individual On July 30, 2005, the Bremerton City Council established the t% For Arts program and the Bremerton Arts
Commission to be administered through the Department of Community Development Under Ordinance 4940
• • • • (Appendix B), all city funded capital improvements will provide revenue for public art projects The enabling
organizational objectives. legislation lists three goals for the city's new public art program
It is the fuel that • Enhance and enrich the City's physical environment and public spaces,
allows • Consider opportunities to celebrate the multicultural and diverse character of Bremerton, and
common people to attain Contribute to Bremerton's sense of ownership and pride in public spaces and facilities
unc ommon This docu men t,'Bremerton's Public Art Master Plan, covers the following topics
Unknown • • Vision of the Bremerton Arts Commission -
• Contents of the Master plan
• The'nuts and bolts'of the public art process selection, funding and siting of art, governance, membership, and
the responsibilities of the Commission as put forth in the establishing ordinance
THE PLAN
Bremerton's Public Art Master Plan was adopted on July 20, 2005 by the Bremerton City Council k was created by the
seven volunteer commissioners through a year -long series of discussions under the guidance of the Department of
Community Development which administers the plan The plan focuses on the following objectives that reflect the
Arts Commission's priorities for public art
• Integration of art into architecture, the landscape, and infrastructure, resulting from close collaboration with
project managers and design teams,
• Creation of a unique identity for each Center identified in the City of Bremerton's Comprehensive Plan, and
• Involvement of the public
4* A Public Art Master Plan for Bremerton, Washington
THE PROJECTS
The Public Art Master Plan's outline of future projects is based on the City of Bremerton's Centers Plan which, in turn, is
part of the City's Comprehensive Plan adopted in December, 2004 The following are priority areas for public art and as
opportunities and plans are developed, the Commission wants to ensure public art is incorporated into the process
Area Centers
• Charleston District Center
• Downtown Regional Center
Employment Centers
• Harrison Employment Center
Ifx
• Port Blakely Employment Center
Neighborhood Centers
'—
• Haddon Neighborhood Center
• Kitsap Lake Neighborhood Reserve Center i
• Manette Neighborhood Center r
• Oyster Bay Neighborhood Center
• Perry Avenue Neighborhood Center
• Sylvan Pine Neighborhood Center Artist James Kelsey, Port Orchard, WA
• Wheaton /Riddell District Center
• Wheaton /Sheridan District Center
"Tides of •.
sculpture steel -• . the Police creed of "P.R.I.D.E one granite bench, 5 granite
PREFACE spheres.
• What is Bremerton's Public Art Master Plan
• How Public Art Works in Bremerton • '
• How the Master Plan was developed
i
A Public Art Master Plan for Bremerton, Washington it 5
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A Vision for Public Art in Bremerton
A BRIEF SURVEYOF PUBLICART 44 1i X. my own philanthropy,
Until July, 2005 when 1 % for Arts was adopted by Bremerton City Council, public art in Bremerton was generated by and business endeavors,
private donations through state and county public arts programs Art sites included Olympic College, The Norm Dicks seen the critical role that arts play
Government Center, Louis Mentor Boardwalk, the Washington State FerryTerminal (Bremerton Transportation Center),
Fourth Street improvement block, and downtown murals The majority of the art was concentrated in the downtown in stimulating creativity and
area and was generated within the last 15 years of the city's 107 -year history in developing •
Philanthropist - Paul G. Allen
HOW PUBLIC ART PLAYS A ROLE INTHETRANSFORMATION OF BREMERTON co-founder
A new era for Bremerton's public art dawned in July 2005 The City of Bremerton had embarked on a campaign
of civic transformation through development of the downtown core and grants to enhance its neighborhood
centers The 1 % for Arts Program was created to funnel one percent of the construction cost of city- funded capital
improvement projects into public art for each respective project as well as in neighborhood and business centers
This newly created public art is expected to support the transformation of Bremerton in the following ways
• Providing economic support Art in public places inspires artists, raises property values, and demonstrates
pride to potential entrepreneurs
• Educating the public about art. Public support for lifelong education in the arts can empower people of all
ages to develop their creativity in school, at home, and in the workplace Exposure to public art and the city's
art collection will generate advocacy for the arts, stimulate communication and promote understanding of
diverse and cross - cultural values
• Stimulating cultural tourism A primary goal is to create a strong arts identity for Bremerton As a vibrant
arts -based community with a unique maritime and naval history, Bremerton is striving to become a popular
destination for cultural tourism
• Promoting Civic Pride Public art can inspire meaningful connections between people and their environment
Public art can also transform insignificant places into vital links in civic and community life
A Public Art Master Plan for Bremerton, Washington * 7
J
WHERE BREMERTON IS HEADED A VISION FOR PUBLIC ART
Public should reside Bremerton's Arts Commission does not envision that public art is merely adornment of architecture and public spaces
prominent locations that are visually Its vision is to create a place with its own identity that builds upon the city's unique history, culture, and setting
obtainable to the public. i Underlying this vision is the belief that art creates significant and lasting connections between people and places
Bremerton • . • - synonymous which are important to both community and civic life This means that the Commission will seek and support art
projects that meet the following criteria
Artists .. be engaged . not only • Celebrate Bremerton's communities and tell stories that may have been overlooked previously
create art projects, but • to infuse • Enhance the quality of life by focusing on quality not quantity This emphasis, in turn, should enhance the
various designs an• planning image of Bremerton in local and regional context
processes with creative en- ' • Inspire communities to be socially conscious and environmentally responsive by infusing Bremerton's public
Public art should live in spaces with a sense of pride, compassion, commonality, and sustainabdity
harmony • natural Bremerton's vision for public art is to achieve bold and progressive change which will improve the quality of life for its
setting of - - ' citizens Such bold change requires artistic excellence, collaborative creative processes, and advocacy for the arts in
Public art should engage our order to create lasting meaningful connections and foster community identity
history . culture which identifies
•
<,, "Trifecta" by Artist Bob Kimball,
.y Poulsbo, WA
Artwork selected by the
Arts Commission paid for by the
Bremerton Municipal Court
8 * A Public Art Master Plan for Bremerton, Washington
section two: 1
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Cl Placemaking In
Bremerton and
Our Neighborhowd
Plan
CITY OF
BREMERTON
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Civic Placemaking in Bremerton and Our Neighborhood Plan
Bremerton's downtown is enjoying a renaissance with new waterfront residences as well as park, civic, and
commercial spaces that have been completed in the past several years The downtown core area is bracketed by
i parks and a boardwalk to connect them Neighborhoods that prospered in the pasts are undergoing a resurgence of
i p interest and energy Examples include Manette, the oldest neighborhood, is an eclectic collection of homes, shops,
and vistas, Charleston, another historic area, is redeveloping as a shopping district, and the Wheaton Way - Riddell Road
area, which has mixed commercial and upscale residential opportunities infused into its historic strip -mall plan These
= suburban areas give color to Bremerton's character and identity
b r
VISUAL ASPECTS OF BREMERTON'S CIVIC IDENTITY
Bremerton has a unique geographic setting of stunning marine and mountain views Located on the Kitsap Peninsula,
the city is bordered by Puget Sound in almost every direction Sinclair Inlet to the south, Port Washington Narrows
through the center, and Ostrich and Oyster Bays to the west The Cascade and Olympic mountains create a panorama
x - of mountain views to the east and west The infrastructure built to cope with the water - divided terrain — Manette and
Warren Avenue bridges, Washington State ferries, Port Orchard foot ferries, shoreline roads, and sundry boating
a µ traffic — visually connect Bremerton to its marine identity
Woven into local, regional, and national history is the Puget Sound Naval Shipyard (PSNS), which was constructed in
1891 on Bremerton's southern shore While the shipyard limits public access onto its campus, the influx of thousands
of workers and sailors has affected Bremerton daily for 11 decades PSNS has developed its own cityscape and shares
its historical identity with Bremerton with the opening of the refurbished Building 50 that houses the relocated
Naval Museum Daily infusion of civilian and military personnel will continue to bring greater diversity of culture and
population to Bremerton
THEMES OF BREMERTON'S CIVIC IDENTITY
Variety and diversity of people and lifestyles are the spices that flavor the melting pot of Northwest culture as well as
the military presence in Bremerton and Kitsap County These various cultural influences color our community events
such as the Armed Forces Day Parade in May, the Blackberry Festival over Labor Day weekend, the seasonal Farmers
Market, the Lighted Boat Parades in December, and the year -round First Friday Art Walks
10* A Public Art Master Plan for Bremerton, Washington
Also contributing to Bremerton's unique identity are community gathering places such as the Harborside district, the
boardwalk, Evergreen Park and Lion's Field They are perfect vehicles for honoring an event, improving a neighborhood
or describing our local heritage e collaboration •
GOALS FORUSES OFPUBLICART Commission, local •
The purpose of public art in civic placemaking is complex and multifaceted The goal of the Bremerton Art city resulted opportunities
Commission is to employ public art as far more than mere site decoration for local to create visual
The Commission looks to art to accomplish the following goals of various •
• Soften the hard edges of concrete and asphalt in order to create inviting areas • ° Rogers, • Police
• Create visitor magnets with careful and thoughtful placement of art in sub -area centers Department
• Develop patterns of open space that are integrated into commercial planning zones
• Create tourist destinations that are driven by aesthetics
• Cultivate interest and acceptance of public art in the workplace
• Infect fun and playfulness in ordinary settings
• Forge strong community pride where citizens live, work and shop
The Commission intends to work in concert with civic leaders, residents, local business owners and visionary
developers to establish a city arts plan that integrates art into public spaces and sub -areas with the objective of
defining Bremerton's new and changing identity
A Public Art Master Plan for Bremerton, Washington * 11
section three
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Priorities for Public Art in Bremerton -
BREMERTON'S NEW OPPORTUNITY FOR PUBLIC ART
With Bremerton's funding from 1% for Public Art in place, the city is considering the public art possibilities at the
optimum time - in the earliest stages of planning All manner of capital projects, from the city's police station to public
plazas, parks and neighborhoods, and the extension of the boardwalk will include art as an integral ingredient The
Commission will administer the program based on its core belief in the integral nature of public art Not merely an
adornment or an afterthought, public art is as important as the architecture, landscape, and urban design
STRATEGIES FOR PUBLIC ART
The Com mission plans to use the following strategies to accomplish its vision of public art ry
4
• Integrate city capital projects with private development in order to create visual seamlessness and a sense of
partnership _
• Collaborate with other state and county public art programs in order to share ideas and experiences, and to
expand the arts commission's artist database
• Coordinate and align the art program with the Bremerton's Comprehensive Plan for a consistent look
throughout the city
• Select artists based on a hierarchy of geographical regions with local artists given first priority
• Use diverse artistic styles and mediums appropriate to the location to provide variety along with a uniform
aesthetic to'puil together'a space, location, or neighborhood with a consistent look for a specific identity r o ��aoj�QCii Q
• Provide support for local artists as often as is feasible • Align with City Council's strategic priorities o o
A Public Art Master Plan for Bremerton, Washington 13
BREMERTON ARTS COMMISSION'S CRITERIA FOR EVALUATING ART OPPORTUNITIES
1,
< < The following criteria will be used to assess the priority given to each public art project Artists chosen to create work
— for each site should consider the following to be essential aspects of every project
At
Prionty Areas for Public Art
t
Priority Locations
I ft f • Neighborhood, District, Regional, and Employment Centers as determined by the City's Comprehensive Plan
3 • Public buildings and adjacent outdoor spaces
Priority Goals
t ,k • Consistency in neighborhood themes, such as a repetitive use of materials to reflect a neighborhood's identity
• Reflection of Bremerton's unique identity and history in choice of styles and medias
4
- • Use of public art as a catalyst for neighborhood change or improvement
• Creation of a visual relationship and /or physical connectivity between public spaces
- - Priorities for Public Art Projects
Visibility
Bremerton's primary goal in the selection of public art saes for any 1 % For the Arts project is to have the most visibility
L
and public access to as many citizens as possible Public access always takes precedence over less visible areas of a
Composite Creations, Vancouver, B
project This means that both temporary and permanent public art installations will be incorporated into exterior
Powder ' ' e' steel scul public spaces whenever feasible
depicting a firee-spirit figure with
arms outspread " • Site Appropriateness
Installed Au Another key requirement is that all installations must be y q appropriate to their sites One example of how this concept
has been implemented in a traditional 1% For the Arts situation is installation at the Bremerton Police Department on
Burwell Street
The commission examined a variety of site areas that could accommodate art including interior walls in both the
lobby and in the office area, as well as the exterior entry and wall nook
14 * A Public Art Master Plan for Bremerton, Washington
Given the top priority - to make the art accessible to the public - both the commissioners and the police chief realized
the importance of sending a positive message to the community The goal was to create a proverbial welcome mat
for the public Therefore, the art had to visually illustrate positive reception and community appreciation _
Two striking sculptures were chosen for the public courtyard and exterior entry wall in order to capture the attention
of all passers -by >"K
OUTREACH OPPORTUNITIES
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Not all projects are spurred by the construction of capital funds projects Many opportunities for community based,
grassroots efforts may come to fruition with the moral and financial support of the Commission The City encourages
community involvement in every public art project and believes that public involvement is critical for successful
public art
Some ways the public can be involved: R
• Enhance existing public space
• Encourage rotating art exhibits
• Create small or temporary installations
• Provide input at public meetings��
• Share ideas
• Participate' . x
A Public Art Master Plan for Bremerton, Washington 15
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Appendix A — Policies and Procedures
A.1 PROJECT /ART IDENTIFICATION
A.2 OUTREACH PROGRAM .p )
A.3 CALLTOARTISTS
A4 SUBMISSIONS
A5 SELECTION CRITERIA & PROCESS
9
A 6 DONATIONS &ACQUISITION OFART
A 7 DEACCESSIONING & DISPOSAL OFARTWORK
Al PROJECT /ART IDENTIFICATION x '
The Bremerton Arts Commission (Commission) will work with city staff to identify projects that will contribute funds to _
the 1 % For the Arts Program (Arts Program), with the goal of giving input in the early stages of a project to ensure that
art installation is an integral part of the project
A.2 OUTREACH PROGRAM
Pursuant to BMC 312 060, the Commission and staff will strive to garner public interest in the Arts Program and to
encourage artists to become part of the call -to- artists database Public information materials and opportunities ` 'a
include but are not limited to
• Advertisement postcards & o
• Contact with area galleries
• Local media — advertisements, articles, and public service notices a - nn - - ° ► - o o °N °`.
• City website
• Telephone and direct mail to artists
• Participation in First Friday Artwalk
• Participation in other community events
• Marketing of installations
A Public Art Master Plan for Bremerton, Washington 17
A 3 CALLTOARTISTS
( <wy perspective on public General Database
The Commission will continually seek to update its database of artist information, including samples of the artist's
needs art is that it • • - work, for use in Arts Program projects and notify those artists when opportunities arise
specific site - -• • fit
its site." Project Specific Call to Artists & Stakeholders
For all site - specific installations, the Commission will work with key project Stakeholder(s) such as a city project
Dougherty Patrick manager, city department director, or facility /site users, to determine the scope, location, and type of art to be
installed The Commission and stakeholder(s) will develop a project- specific call to artists and establish a timeline call
The call will include specifics about the goal of the work, type of art desired, approximate location, estimated budget,
and timeline If insufficient responses are received the call may be extended
A 4 SUBMISSIONS
The Commission will consider only artists'work that meet the submission requirements outlined in this section
All artists must submit the materials outlined below as well as any specific information requested in the call
All submissions must be submitted via postal mail or delivered in person Submittals will not be permitted via
electronic mad
Applicants must not submit work in their own binders or folders, and shall not paperclip or staple together any pages
of their application
Each page of submittal materials must include the applicant's name, address, phone number and email address
The application materials must be placed in a 9x12 envelope or folded once in a 6 x 9 envelope
Mad Application Form and Materials to:
City of Bremerton Arts Commission
Attn Artist Registry
345 6th Street, Suite 600
Bremerton, WA 98337
18 1r A Public Art Master Plan for Bremerton, Washington
Submittal Requirements
10 Digital Images of Artist's Work
Only digital images will be accepted If using a CD, it must be labeled with the artist's name and contact information
Embedded images, moving images, or audio files are not permitted Applicants are encouraged to test digital work
samples prior to submission Applicants will not be contacted regarding problems with the proper function of work --
samples and may not be reviewed as a result The following rules apply to all submissions
• File Format- Submit only "high "quality JPEGs (do not use GIFs,TIFFs or other formats) Choose the highest
setting available Save submitted JPEGs as baseline Do not save images as a progressive JPEG file Images
should be 1500 pixels (72ppi) on the longest side
• File Naming: LastnameFirstnameOlTitleofWorkjpg
• Naming Example. VanGoghVincentOl StarryNightlpg
Printed Image List
Y
Each item listed should have the image file name, title of artwork, size of original art, medium, and price (even if it has
been sold)
Example IMAGE ONE
File VanGoghVincentOlStarryNightjpg f
Title Starry Night
Size 28 x 22 inches 185 artist banners designed • various
Medium Oil on linen
Installed multiple locations
throughout -
Price $50,000,000
Printed Artist Statement
Provide a one page statement detailing the artist's work and how it relates to the public
One or Two Page Printed Artist Resume
Proof of Residency
Provide a copy of any of the following driver's license, voter registration, or utility bill The proof of residency must have
a street address, PO Box addresses will not be accepted as proof of residency
A Public Art Master Plan for Bremerton, Washington 19
Printed List of Three References
Submit name, address, phone number and email address for three references who can speak to the quality of the
artist's work, ability to work with a variety of people, and complete work on a deadline and within budget
Additional Support Materials (Optional)
i Is No more than three additional printed pieces of support material that may help to illustrate the artist's work to the
commission
j
A5 SELECTION CRITERIA & PROCESS
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Artist Selection Process
The selection of an artist to prepare a piece for installation is a multi -step process The procedure is summarized as
follows
1 Short List —The Commission and stakeholders will review the Call to Artist responders, and, using the adopted
Don _ , selection guidelines, select those artists who submitted complete applications and meet the needs of the
project as specified in the call
Photography art titled "Garden Gate' 2 Interview — Selected candidates will prepare a presentation and interview with the Arts Commission and
Installe December2010. Stakeholders
3 Evaluation —The Commission and Stakeholders will evaluate the artists'conformance to the criteria outlined in
these policies and procedures and select a finalist for the proposed project
4 Recommendation —The Commission will make a formal motion and enter into findings its recommendation
to the City Council The findings reflect the preferences of the Commission and stakeholders
5 City Council Review —The Commission Chair and /or Vice Chair will report the Commission's findings to the
City Council for their consideration which they may choose to accept or reject
Creation of site specific artwork
If custom artwork is to be created for public installation, the Commission will enter into findings recommending
an artist to the City Council The Council will review this request, and make a motion to authorize the Commission
to work with the selected artist to develop a scope of work and budget for the piece Once the design is finalized,
the Chair and /orVice Chair will return to Council to present the design for final confirmation and authorization of
purchase
A Public Art Master Plan for Bremerton, Washington * 20
Criteria
The Commission and Stakeholder(s) will review artist's submissions and make a recommendation to the City Council
for artist selection The Commission will evaluate proposals for the ] % For the Arts Program and Donations for their • nourish the roots
conformance with the criteria outlined below Each artist proposal and interview will be scored according to the of our •
points established in this section the artist free to follow
I . Appropriateness for site (55 total points) vision
• The art should be appropriate in scale, material, form and content for both its immediate and general social and John F. Kennedy
physical environment
• The art shall serve to establish focal points, modify, enhance or define specific spaces
• The art shall have or be installed such that it will be durable against vandalism, theft, weather and excessive
maintenance costs
• The art shall comply with public safety requirements and applicable codes
II Artist ability to perform the scope of work (45 total points)
• Artists shall be able to create artwork of high quality, be unique and include excellence in craftsmanship,
originality in conception, and integrity of materials
• The artist references and /or work experience indicate ability to complete work
• The artist is able to complete the project within the budget and timeframe
III Preference for local artists (6 total points)
• Artists will be categorized into groups based on regions radiating geographically from Bremerton The purpose
of this categorization is to give preference to local artists The regions are as follows
1 Bremerton (6 points)
2 Kitsap County (5 points)
3 Washington (4 points)
A Public Art Master Plan for Bremerton, Washington 21
A6 DONATIONS &ACQUISITION OF ART
The City may receive offers of donations of artwork or funds for public art Potential donors will be referred to the
Arts Commission to discuss the nature of the gift and procedures for review and approval The Commission will
review the proposal and recommend consideration or rejection of the offer, and make a site recommendation
r where applicable All gifts, bequests, and donations accepted by the Commission shall be approved by City Council
y _ following a recommendation of the Commission Any gift, bequest, or donation of art shall meet the selection criteria
in Section 6 4
9
r A7 DEACCESSIONING &DISPOSAL OF ARTWORK
The Arts Commission desires to have a diverse art collection of the highest quality The process of acquiring works
d
and disposing of them should reflect that desire Because the disposal of artworks may have serious implications for
the artists, deaccessioning should be a deliberate and seldom -used procedure
Definitions
• Deaccessioning —the indefinite removal of an artwork from permanent display, whether it is disposed of or not
• Disposal —Any actions or set of procedures that result in the cessation of ownership and possession of an
1 artwork by the City of Bremerton
Deaccessioninge
A. Conditions. A work of art may be considered for deaccessiomng if any of the following conditions apply-
. -.
- - . 1 It has received consistent adverse public reaction over a period of five or more years
_
10- _ _ ! 1 2 Deaccessioning has been requested by the department that displays the work
3 The art can be used to finance, or can be traded for, a work of greater importance However, any sale of art is
subject to the disposal requirements of BMC 2 76150
4 It possesses faults of design or workmanship
5 It causes excessive or unreasonable maintenance
6 It is damaged irreparably, or to an extent where repair is unreasonable or impractical
7 A suitable place for display no longer exists
8 It represents a threat to public safety
9 A written request from the artists has been received
22 * A Public Art Master Plan for Bremerton, Washington
B Deaccessionmg Procedures
1 The Commission initiates this procedure by passing a motion by a majority vote of its members to consider the
deaccessioning of artwork The deaccessionmg proceedings will be held as soon as the following are be met _
a Date, time, and place of deaccessioning proceedings are publicized -
`�`��
b Artists whose work is being considered for deaccessioning will be notified by reasonable means and shall
be invited to speak' -
c The displaying agency or department will be notified and invited to speak
2 The Commission will enter into findings that include_
a Reasons for the suggested deaccessioning
b Informed estimate of the current value of the work
c Evaluation of the condition of the work
d Public and agency feedback on the work
e Suggested and alternate courses of action in the following priority order
i Relocation of work
ii Removal from display and storage
iu Sale or trade of the work Don Paulson . , . -
iv Disposal of the work as appropriate titl " Cherry Tree a
Photography art 3 The City Council will consider the findings of the Commission and will make a motion to acceptor reject
their finding I D ecem be r
A Public Art Master Plan for Bremerton, Washington * 23
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Supporting Documents
ORDINANCE NO arUitteas, and lardacape arclutects Appointment to tht. Arts Commission shall be made by the
May or subjcet to confirmation by the City Council
of the Cnty Council of the 0 y of (b) Terms Terms of office shall consist of four (4) vex staggered terms with the
A.\ ORDINANCE
Bremerton, Washington establishing of the a City oil Bremerton Arcs imtial taus ounatsung of two (2) members with four (4) year turns, two (2) members with three
ter m
year terms, two (2) members xiGi two (2) year tams and one (1) member with a one (i) year
Conumssion and u Ono Percent (1 %) for the Artb Program for City
Graded capital projects term (c) Compaarauon. Commissioners shall serve without compensation.
(d) Cantilmcr of interest To City official or employee may be a member of the Arts
WHEREAS, Public Art is recognized as a stimulus to the vitality, coiniomy and Commission, nor may any citizen having a conflict of interest be a member of tla, Ass
culture of our community, enhancing the qualuy of hfa for all ctttrtns becctse of its public Co i ffice on No Commission member may comes work far consideration d uring eg ber shall
of office As soon as a cv:iGict of interest becomes apparent, the rnmmtsvon member shall
nature, and disclose to each of the members voting on the matte the nature of hisliter interest in the igque
WHEREAS the City Council desires to estubhsh a City of B emertun Arts and shall be dmsgsalificd from participating m airy debate decision or vine -elating to that issue.
Commission, and a One S the (t o1) for Arta Program for the city, and (e) Admoitsirarh a Support The Departnent of Community Development shall
provide administrative support for and %ark with the Arts Commission to carry out its duties.
W11LRhAS, die Cit) Council desires to establish procedures for the acquisition (f) Maimenance. The Arts Commission shall oversee the conservation and
and display of art for the One Percent (1 for Arts Pigram NOW THFAUTORE, maintenance of anv Publiw Art and shall prepare reports as requested for sibmittal to the City
Council on the condition and maintenance requirements of all Public Art
Illt CITY COUNCIL OF THE CITY OF BRE�fERTON, WASHING "l ON, (g) Community Outreach. The Arts Catm m
nission shall support citizen forums and
DOES H£REBY ORDAIN AS FOLLOWS workshops, gather information and/ur assist at educatio�nfommng the public about Public Art
and the City's Public Art collection
C7(OA 1 Anew chapter of the Bremerton W tnicmpal Crick Chapter 2 32 (h) Rules and procedures The Arts Commission shall establish rules and procedures
SP
entitled "Arts Com missio n' CTIOA is new created to read as Bremerton it deems necessary and appropriate, to ad ter a uals and implement the One Percent (1 %) for Arts
h ereb y fo Program Those rules and procedures may address the following
Chapter 232 (1) Methods for suluction of artists and art for Public Art projects,
aP (2) Incentives for the incision of art in private projects,
ARTS COMMISSION (3) Artists' rights and responsibilities relative to Public Art,
(4) Maintenance and prescivouon of Public Art
2.32010 PURPOSE OF ARTS COMMISSION
(S) De
(a) The City of Bremerton supports expanding expcnces with the arts through blic d add removal of Public Art,
experiences
lint to enhance the quality of life for its Wozeas. Public Art has cnablW people m all (7) Public education and coma»imty ou
societies to understand more dearly their communities and mdtvidual lives Amsts creating ort (7) Pmate funding and gifts for Public Art
for public places benefits the coimuutury and enhances the City's standing as a center for artibm 2.32030 ARTlARTIST SELECTION
A policy is therefore esuibhshod to direct the inclusion of works of art in public places ( "Public
Art ) in the City through a program to be known as 'One Percent (1 %) for Arts Program" funded (a) P laming Arista may tit. sel hde to assist pi the evaluation of options, strategies,
thot a One 1 % Percent for Arts FL.id as set forth in Chapter ter 3 12 BMC lim s l opportunities for air, and acsthehc design in capital projects before the scope,
t
� ( ) aP quality, schedule, and budget are fixed.
I i tidnnumstenng the Arts Program it is the City's desire to (b) Site Vpmufie Work Artists may be selected to design artwork for a specific
(1) Erdtantce and etu)ct the City s physical cacirommatt and public spaces location.
(2) Consider opportunities to celebrate the mulh- cultural and dnrnse character
of B:anatotu. (c) Individual Works ojArt Artists Wray bo arttmissioited to create n wro�k of art or
(3) Contributes sense of ownership and pride m spaces and public facilities to exisung works of att maybe acquired
Bi czaorton citizens SEC 270.V 2 Anew chapter of the Bremerton Municipal Code, Chapter 3 12
2.32020 AR IS COMMISSION ES I ABLISHED entitled "One Percent (I%) for Arts Fund" is hereby created to read as follows
(a) Member .hip the Arts Commisron shall consist of saes members Membors
sliali ricladc but not be rostneted to representat ves of painters, sculptors, Waste, literature,
1 2
1 %for Art I and 1 % fur Art kund
A Public Art Master Plan for Bremerton, Washington 25
Supporting Documents
Chapter 312
ONE Pk R( ENT (1 "h) FOR ARTS k UND (L) Project Department means the department n' dnv luau of the (711 responsible
for constnu iron of a Capital Improt ement Project
312010 Dk F iNiTiONS (I) Pubhc Arr wears ongmal vtsurj crcaions wluch are sited m u nuima
(a) Arr Advisory Pane! 15 a committee conststtng of n group of mdtviduaK accessible and visible to the pubh, and shall include the production or arrantcmuu of soundx
including artists art sad design professionals and non -crust citizen representatives appointed by colors fonts, movements or othr elements in an== that rnlumses the sense of beauty aid
the Choir of the Communion to advise and assist the Commission m selecting artists m provide has ucstheuc value Public Art may also include artist made or desngnod budding pans that are
works or services to the City under the Arta Program The Commission a encouraged to appoint structural or functional elcmen a of a building, stivcturc park of other facilityPublic Art tray
abroad range of citven laauupation on the Panel An advisory panel may be dimcted by the include an area or space specifically deigned, constructed and managed as a display area for
Chair to wnsida a single Meet or multiple projects and more than one panel may be appointed other works of art. Pubhu Are shall also mean Performing Art
and a rve a)n=TLntly to consider separate projects (m) Public Space is anyplace or property within the City Itrvts winch u opctt to
(b) 'Arts Communion or Comnausion' means the commission established in the general public for its uce or a hick is in public view, "is gcw jly accessible and visible to
Chapter 2 32 SMC the pubht"
(c) "Arts Fund' or "Otte Percent (i "4P for Arts Fund" means the common pool for (n) Sue Preparation shall mean all work performed m on or around u prolevt note
appropriated finds and donations that are accumulated pursuant to tilts chapter in anticipation of subsequent construction worl, tnclusnc of. but not limited to select dcmohhun,
(d) Ara Program or "One percent (M) for Ara Program "means the policies and rough grading, environmental asses mat m.d remediation, erosion control and seaint) fencing
strategies that will tdwitify opportunities and implement a program for creation and display of 312 020 ONE PERCENT (M) FOR ARTS FUND ES I'ABI ISUED
Public /tit wmhrn the Qty as well as determine project budgets for Public Art. This task shall be (a) Project funds for Capital Improvement Projects as calculated and established in
implemented by the Arta Commission and staff working in partnership with Project Departments Secuoo 3 12 030 as well as donations made to the Arts Program shall provide the revenue for
and citizens purchase of Pubhc Art. At the request of the duutor, donations maybe earmarked for particular
(b) r'apttal Improvement Project means any city tLnded project(s), or any city projects.
funded portion thereof, including funds towyed from outside sources, as specifically identified (b) The One Percent (1%) for Arts Fund is hereby established. If the one percent
in the City's Capita( improvement Program accept that Capital improvement Project does not (I :o) amount authorized for a gnvuri project is not expended, or if a surplus is available due to the
mean work of art costing less than one percent (1 %) of the total project cost, then thu coon- expended
(I) capital improvanent projects otinunicrpal utilma as set forth in Chapter amount shall be deposited and pooled into the 'One Percent (11%) for Arts I und" for use on
Is BMC, projects approved by the Commutators
(2) capital improvement projects ndenufied m et
the arterial street fund as s
forth in Chapter 3 24 BMC 312 030 FUNDING BASIS
(3) capital improvement projects identified in street fund (102) Begumng with the City's fiaeal year 2006 budget, all Capital Improv emeat Projects .s
(4) that portion of capital improvement projects timdod by CDBG finals, defined in this Chapter will contribute to the One Pa=t (1' /0) for Arts Fund
(a) gcnaul mamtcaance of any prof
(e) Calcvlanon oJContnfwtion ro Fund fhe amount of the annual appropriation for
(6) capital equipment art shell be equal to one pment (1%) of the total eh(pble fluids of Capital improvement Projects
(7) that portion of capital unprovemew projects funded from sources that as follows
precludes expenditures for public art, or (1) At a minimum, the amount budgeted for art in a Capital Improvement
(s) that portion of capital improvement projects already subjected to a Project shall be equal to one percen' (1 %) of the total Construction Costs as bid and awarded
dedicated an funding program (2) In all cases where a Capital Improv ement Project has a scope of work that
(f) "CDB& * means Community Development Block Grant includes both eligible and meligble elements and categories, the budget for art shall be
(g) City means the ( try of Brusaahin cal,— slated, at a minimum, in the eligible portions of the project. in all Lises whem a Capital
(h) Cammw +on 'means the Arts Commission established in Chapter 2 32 SIAC Improvement Project includes a source of funds aluch is eligible for a Public, Art pu-pose but
(1) CometMoner ' tuchins an individual appomtud to save as a member of the Arts wluLb nay not be pooled a nth other funds and may not be used for another or different project,
Commission the budget for art in that CLpilal Improvement Project shall include one percent (1 %) of such
(j) Constriction Cost is defined to include actual construction costs architectural eligible fends
an d engineering tees, project administration, sate preparation, and contingency allowances it (b) Pooling of Funds A policy as hercby established to direct the transfer to and
does not mcludu fund acquisition, financing, -ales tax, rurtuslungs. fixtures or equipment. pooling of all One Percent (M) for Arts Fund Program monies in the Arts Fund Pooling
Council or Clry Co inert! mu.uu the Bnenenton City Counts) i.ff:, Js the opportunity to 1«k at tko a.c b of the City as a whole and use the art riortio only for
3 4
M for Art I and I °b f ✓r .i rt f uu d
26 yt A Public Art Master Plan for Bremerton, Washington
Supporting Documents
those projects ivhieh may have the greatest value and unpact on communities or offer the best
oppontaimcs for uruat involvement. affect the vabdity of the remaining portion of this otdmmm and the same shall remain m full
(c) ApproprWon of Funds At the nine a Capital Improvement Project is propose, force and effect.
the Project Department shall calculate and include a budgeted line item for the Arta Fund
associated wadi each eligible project. The Finance Deparunew shall eorifrm the calculations and SECZM I. a *!!w? Dive. This ordinance shall take effect and be m force ten
include the appropriations for art in the pnipusuxl City budget. The amounts budgeted for thi. (10) days from and after its passage, approval and Publication as provided by law
Arts bund in particular projects ma) be ad)usted to reflect Council changes to the budget for the
Capital Improvement Project All amounts budgeted for the Arts Fund shall be transferred
duucUy into the Arts Kind Fund transfers to the Arts Fund will orx.ur ab boun as prucbcablc after PASSED by the City Council the day of 2
a bid has been awarded for the project
312.040 SELFCTIONOFPUBIICARF
(a) Each project providing funds to the Arts Prog may apply to the Arts Program EN NYOREN rncd President
nd ram
for finding for any art proposed to be incorporated into the project.
(h) The Arts Commission shall make selections of the artists and the Public Art to be
funded through the Arts Program and maintenance acid repair programs, as appropriate, for the Approved this _� day o f 2005
selected Public Art, subject to euafirmauou by die City Cuune.il The Arts Commission may
empanel an Art Advisory Panel to assist in this selection The contracts commissioning art shall
address the issue of ownership
GARY 2EMAN.1N4Ya'
3 12 050 MAINTFNANCF AND REPAIR OF PUBLIC ART
The Parts and Recreation Department sW be responmble for the maintenance and repair
of all Public Art except as otherwise provided for under say mamtvmance and repair program
established by the City Council pursuant to sccuon 3 12 040 above. Funding sources for the
maintenance and repair of Public Art may include the Parka and Reanation Department budget, ATTEST A
other city department budgets, other sources approved by the City Council or the Arts Fund.
3.12060 AUTIIORIZFD FXPENDITURES FROM ARTS FUND P ]O ON. City Ciak R OFR A. LUBOVICH, G Y
Subject to expeodrtures for the selection of Pubhc Art and any maintenance and repair
programs approved pursuaw to section 3 12 040 above, expenditures may be made from the Arts PUBLISHED the day of 2005
Fund, upon upprov al of the City Council, for any one of the following purposes: EFFECTIVE tlroulay of 20D5
(a) fhe selection, acquisition, and display ofaorks of art which may be an integral ORDINANCE NO yea e ff
part of a project or which may be placed in, on. or about a project or other public space RU1tOALtOrNmooduM Ordiiirocedoe
(b) Arun fees design, pinuung, and lire - design bavice contacts and commrssrotrs
(c) Expenses for technical assisu noe provided by arc and/or engineers to artists
in order to design, document and/or certify the artwork.
(d) Mar iterance and repair of Crty Public Art benefited by the One Percent (1 %) for
Arta Find
(e) Citizen forums and workshops to gather information and/or oducateJmform the
public about Public Art and the C.tty's Public Art collection.
(t) Docrmrenlauon and public information material for the One Percent (I %) for Arts
Program and Public Art projects
(S) Performng Art
SF.CT10N3 Sewerabibry If anyone or more sections, subsections, or
senteucca of thus ordinance arc hid to be unconstitutional or invuhd, bueh decision shall not
5 6
I % for Orr Fund 1 % jorArr Fund
A Public Art Master Plan for Bremerton, Washington 27
I
I
oo = , r S � �`
appendix C:
O lua V Of WO.'k
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cp
�_ O f M" ° 'Y ' 7
Arts Commission
Gallery of Work
Image What Where Title Artist Install Date
Glass sculpture that is a replica 1025 Burwell Street JD Francis Apnl 2008
of the new Bremerton Police (Police Facility) Poulsbo, WA
badge
� r
Im
F 115 foot tall stainless steel 1025 Burwell Street "Tides of Justitia" James Kelsey April 2008
r 7 sculpture representing the (Police Facility) Port Orchard, WA
Police creed of "PR I D E
one granite bench, 5 granite
spheres
3 -part sculpture, steel with red South entrance of "Constellations" CJ Rench November
mi powder coating Evergreen Rotary Park Hood River, OR 2009
r.-
r--
A Public Art Master Plan for Bremerton, Washington lr 29
Gallery of Work
Image What - Where Title Artist Install Date
185 Artistic Banners Pacific Avenue, Washington Various Various Continual
Avenue Future sites
�a + Callow Avenue, Evergreen
j;f y A Park, and other sites to be
j determined at a later date.
"4
P
f ps°
Powder coated steel sculpture SE corner of Pacific Avenue "Anima" Composite August 2010
depicting a free - spirit female & 5th Street Creations,
figure with arms outspread Vancouver, BC
loft
c
Powder coated steel sculpture SW corner of Pacific Avenue "Despite the Rain" Cobalt August 2010
E depicting a female figure & 5th Street Designworks, LLC,
holding an umbrella overhead Vancouver, WA
r
d
r
30 zr A Public Art Master Plan for Bremerton, Washington
Gallery of Work
Image What Where Title Artist Install Date
Stainless steel sculpture NE corner of Pacific Avenue "With Attitude" Bob Kimball, December
& Burwell Street Poulsbo, WA 2010
,
Three stainless steel wall Bremerton Municipal Court "Trifecta" Bob Kimball, December
sculptures of swimming Poulsbo, WA 2010
salmon selected by the
Arts Commission paid for by
the Bremerton Municipal Court
Three ceramic the squares Bremerton Municipal Court "With Liberty and Paula Gill, December
Justice for All" Bremerton, WA 2010
A Public Art Master Plan for Bremerton, Washington * 31
Gallery of Work
Image What Where Title Artist Install Date
- - - -- Photography Bremerton Municipal Court "Garden Gate" Don Paulson, December
Seabeck, WA 2010
f �
Photography Bremerton Municipal Court "Cherry Tree and Don Paulson, December
j Bench" Seabeck, WA 2010
Photography Bremerton Municipal Court "Gods Rays Shine Don Paulson, December
Through Over Seabeck, WA 2010
t �
Hood Canal'
32 Y'r A Public Art Master Plan for Bremerton, Washington
Gallery of Work
Image What Where Title Artist Install Date
A Public Art Master Plan for Bremerton, Washington * 33
6044 Op
o �n L5U�L5 °
Arts Commission
345 6th Street, Suite 600, Bremerton, WA 98337
Tel (360) 473 -5202, Fax (360) 473 -5278
E -mail BremertonArts @a bremerton wa us
Andrea Spencer, Director of Community Development
Pam Bykonen, Arts Commission Clerk
r
For more information
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
seeeeeteeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeee■
SUBJECT: Lease Agreement with the Study Session Date 05/25/11
Suquamish Tribe for their use of City land COUNCIL MEETING Date 06/01111
which the Hatchery Area is built upon and Department Executive
affords access to Gorst Creek for salmon Presenter Gary Sexton
rearing purposes Phone 360 - 981 -1025
SUMMARY: Requesting a continued lease to the Suquamish Tribe for a period of ten (10) years for
the shared benefits of continued maintenance and operation by the Tribe of the Hatchery Area on
Gorst Creek The Hatchery Area has been in operation since 1986 and continues to provide salmon
fishing opportunities for constituents of the parties
ATTACHMENTS: Lease Agreement with Exhibits
FISCAL IMPACTS (Include Budgeted Amount) The Tribe shall pay a lease payment of $100 and
will be responsible for all utilities and taxes (if any) associated with the use and occupancy of the
Hatchery Area
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY /
FINANCE DIRECTOR `
RECOMMENDED MOTION: Move that the City approve the Lease Agreement with the Suquamish
Tribe for the Gorst Creek Hatchery Area and authorize the Mayor to finalize and execute the
agreement with substantially the same terns and conditions as presented
STUDY SESSION ACTION: .; Con ent Agenda General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve []Deny Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
LEASE AGREEMENT
THIS LEASE AGREEMENT (hereinafter "Lease") is between the City of Bremerton, a
municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite
600, Bremerton, Washington 98337 (hereinafter "City'l, and the Suquamish Tribe, a federally
recognized Indian Tribe, (hereinafter "Tribe "), (collectively referred to as "the Parties ") and is
entered into on this day of . 2010 The intent of this Lease is to enable the
maintenance and operation of a salmon rearing facility, hereon referred to as the "Hatchery Area"
and is further described within the text and attachments to this Lease
RE_
WHEREAS, the City now owns certain land legally described in Exhibit A, and
WHEREAS, it is the parties' desire to enter into a 10 -year lease; and
WHEREAS, the Parties acknowledge the shared benefits of the continued maintenance
and operation of the Hatchery Area on Gorst Creek on City of Bremerton property. The Hatchery
Area has been in operation since 1986 and continues to provide salmon fishing opportunities for
constituents of the parties; and
WHEREAS, the City owns the land which the Hatchery Area is built upon and affords
access to Gorst creek for salmon rearing purposes. Gorst Creek is currently a source for
municipal water supply purposes. The City holds five water rights, (GI — 22050C, 01 — 22551 C,
G 1— 22606C, G1— 22644C, and G1— 22674C) (hereinafter the "water rights "); and
WHEREAS, the City has filed applications for change of these water rights and those
applications are pending at the Department of Ecology (DOE) and the parties anticipate that the
DOE will decide the outcome of those applications during the term of this lease.
NOW, THEREFORE, the Parties agree as follows:
AGREEMENT
1. PROPERTY.
1.1 Property Defined The City leases to the Tribe and the Tribe leases from the City
the real property reflected 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
Hatchery Area but subject to the exceptions and restrictions set forth in this Lease.
12 Survey, Maps, and Plans The Tribe 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
Lease Agreement - 1
(Between City of Bremerton
and the Sngaamish Tribe)
13 Inspection The City makes no representation regarding the condition of the
Facility, or the improvements located on the Hatchery Area.
2. DEFINTIONS.
For the purpose of the Lease, and the interpretation and enforcement thereof, the
following words and phrases shall have the following meanings:
"Hatchery area" is that portion of the City property adjacent to Jarstad Park that includes
water supply, two rearing ponds and raceways along with associated pipe lines, diversions,
drainage structures and support facilities which are more fully identified in Exhibit A in this
lease. Said facilities are for egg incubation, rearing of fry, and collection of returning adult fish.
"Hatchery worker" means and includes every member, employee or volunteer of the
Suquamish Indian Tribe, or other outside organization that accesses the hatchery area or other
City property for the purposes of delivering people, materials or equipment to the hatchery
facilities or managing or operating the hatchery facilities.
" Jarstad Park" is the public park facilities, and "Forestry Office Compound ", both
owned by the City, which are adjacent to and surround the hatchery area as shown on Exhibit A
"The Tribe" means and includes every member, employee, contractor, agent or volunteer
of the Suquamish Indian Tribe that accesses the Hatchery Area or other City property for the
purpose of delivering people, materials or equipment to the hatchery facilities or managing or
operating the Hatchery Area.
3. USE.
3 1 Permitted Use The relationship established under this Lease is for the continued
operation and maintenance of a salmon incubation and rearing hatchery which is composed of
raceways, hatchery support structures, rearing ponds and other facilities located within the Lease
area as shown on Exhibit A and incorporated herein by reference The Parties agree that the sole
permitted use for Hatchery Area is for the incubation, rearing and collection of returning adult
salmon unless the Parties enter into a written amendment to this Lease. This Lease shall not be
construed as the City's waiver of land use or building code provisions that would otherwise apply
to any improvements or uses of the site.
32 Restrictions on Use The Tribe shall not cause or permit any damage to natural
resources on or adjacent to the Hatchery Area, including but not limited to allowing any filling
activity to occur on the Hatchery Area without required permits This 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 Hatchery Area, except as is permitted herein and performed in the ordinary
course of the business and except as otherwise approved in writing by the City If the Tribe fails
to comply with all or any of the restrictions on the use of the Hatchery Area set out in this
Subsection 3.2, the City shall notify the Tribe and provide a reasonable deadline to take all steps
necessary to remedy the failure If the Tribe fails to do so in a timely manner, then the City may
Lease Agreement - 2
(Between City of Bremerton
and the Suquamish Tribe)
take any steps reasonably necessary as determined by the City, to remedy this failure. Upon
demand by the City, the Tribe 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
Hatchery Area. This section shall not in any way limit the Tnbe's liability under Section 13,
below. The covenants contained in Section 3.2 shall survive expiration or termination of this
Lease.
3.3 Conformance with Laws The Tribe 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
Hatchery Area.
3.4 Liens and Encumbrances The Tribe shall keep the Hatchery Area free and clear
of any liens and encumbrances arising out of or relating to its use or occupancy of the Hatchery
Area.
3.5 Authorized Entry, The Tribe shall provide the City with a list of all authorized
individuals who will have access to the hatchery area. Notification of changes to the list shall be
provided to the City by telephone or fax to the City's point of contact identified in Section 19.
4. TERM AND LEASE PAYMENT.
4.1 The City hereby leases to the Tribe the land legally described in Exhibit A,
attached to this Lease and incorporated by reference, for the sum of One Dollar ($1.00).
This lease shall be for a period of ten (10) years beginning on the day of
, 2011 (the "Commencement Date "), and ending on the day of
, 2021 (the "Termination Date'). This Lease may be extended or renewed by
mutual consent of all the parties.
4.2 Access: The City shall provide for access to the hatchery area via the Forestry
Office Compound and Jarstad Park as shown in Exhibit A. The access gates will be kept locked
at all tunes. The Tribe shall supply its own locks far the gates associated with this access, and
shall provide the City with a minimum of 4-keys and/or combinations
4.3 Permitting. The Tribe shall be solely responsible to secure all necessary local,
state and federal permits necessary for the operation and maintenance of the Gorst Creek fish
hatchery
4.4 Water Rights. The Parties intend that operation of the Hatchery Area will not
adversely affect the quality or quantity of the City's water supply, nor will it otherwise interfere
with water utility operations. The City holds five water rights as identified earlier for non-
consumptive and consumptive water use within the Gorst Watershed arising from the original
Domsea Farms, Inc. fish hatchery operation certificate (1974) Once DOE approves the pending
change applications and the City's municipal use of these rights, the City authorizes the Tribe to
utilize the water rights for fish incubation/rearing purposes at the Hatchery Area consistent with
Lease Agreement - 3
(Between City of Bremerton
and the Suquamuh Tribe)
the non - consumptive and consumptive limits of the water rights. In the event that future
consumptive water needs of the Hatchery Area compete with needs of the City's municipal water
demand, the City's need for municipal water use shall have priority over the Tribe's consumptive
water use at the Hatchery Area. The City will provide the Tribe written notice of the City's
planned curtailment of the Tribe's diversion of water pursuant to the water rights. In using the
water rights, the Tribe shall meter diversions, comply with other terms and conditions of this
Lease as well as use the water rights as authorized by the DOE.
44 Right to Terminate Earlv
(a) If the parties agree to extend the lease under section 4. 1, the parties shall
have the following additional rights under this Lease. The Tribe shall have the right to terminate
the Lease at any time during the Lease term upon giving the City one year prior written notice of
termination. If the City determines that the Hatchery Area is needed for Utility or other City
purposes, the City may terminate the lease, without cost or penalties, at any time during the
additional lease tern upon giving the Tribe one year prior written notice of the date of
termination.
(b) In the event the City needs to obtain access to the Hatchery Area during
the notice period, the Tribe will cooperate with the City to allow access that does not
unreasonably interfere with Tribe's use of the Hatchery Area.
4.4 End of Term Upon the expiration or termination of the Term, as applicable, the
Tribe shall surrender the Hatchery Area to the City in the same or better condition as existed on
the commencement date of the Lease, reasonable wear and tear excepted.
4.5 Hold Over. If the Tribe remains in possession of the Hatchery Area 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 terns identical to the terms of this Lease,
which may be terminated by either party on thirty (30) days written notice.
5. RESPONSIBILITIES.
5.1 The Tribe shall be responsible for operation and maintenance of the Hatchery
Area and all cost associated therewith for the length of this Lease.
6. FACILITY MODIFICATIONS AND GROUNDS MAINTENANCE.
The City shall have the opportunity to review and approve or deny any Hatchery Area
modifications recommended by the Tribe The City shall not unreasonably withhold its approval
of modifications The grounds and facility itself within the Hatchery Area shall be maintained in
a manner satisfactory to the City at the Tribes sole expense No debns shall be allowed to
accumulate on the site
7. OTHER EXPENSES.
During the Term, the Tribe shall pay the following additional expenses
Lease Agreement - 4
(Between City of Bremerton
and the Suquamuh Tribe)
71 Utilities The Tribe shall pay all fees charged for utilities in connection with the
use and occupancy of the Hatchery Area, including but not limited to electricity, stormwater,
water, gas, garbage and telephone service.
72 Taxes and Assessments The Tribe shall pay all taxes, assessments, and all other
governmental charges, of any kind whatsoever, applicable or attributable to the Hatchery Area.
73 Right to Contest The Tribe may, in good faith, contest through any established
appeal process or similar procedure any tax or assessment at its sole cost and expense.
S. IMPROVEMENTS.
8.1 Lessee - Owned Improvements So long as this Lease remains in effect, the Tribe
shall retain ownership of all existing improvements and all authorized improvements and trade
fixtures it may place on the Hatchery Area ("Tribe -Owned Improvements "). Tribe-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to the
Hatchery Area by the City ( "City-Owned Improvements') or any unauthorized improvements.
82 Construction Prior to the Tribe commencing any construction, alteration,
replacement, removal or major repair of any improvements (whether City-Owned or Tribe-
Owned), The Tribe shall submit to the City plans and specifications which describe the proposed
activity. Construction shall not commence until the City has approved those plans. 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 the Tribe otherwise within the thirty (30) days.
The City's consent and approval shall not be required for any routine maintenance or repair of
improvements made by the Tribe pursuant to its obligation to maintain the Hatchery Area in
good order and repair that does not result in the construction, alteration, replacement, removal, or
mayor repair of any improvements on the Hatchery Area.
9. INSURANCE.
The Tribe shall, as a condition of the Lease, secure and maintain the following liability
insurance policies insuring the Tribe and the City, against claims for injuries to persons or
damages to the Hatchery Area which may arse from or in connection with the exercise of the
rights, pnvileges, and authority granted to the Tribe-
91 Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than.
(a) $2,000,000 00 for bodily injury or death to each person;
(b) $2,000,000 00 for property damage resulting from any one accident, and
(c) $2,000,000 00 for all other types of liability
92 Automobile liability for owned, non -owned and hired vehicles with a limit of
$2,000,000 00 for each person and $2,000,000 00 for each accident,
Lease Agreement - 5
(Between City of Bremerton
and the Suquambh ]hbe)
93 Worker's compensation within statutory limits and employer's liability insurance
with limits of not less than $2,000,000.00,
94 Comprehensive form premises - operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000 00;
9.5 The liability insurance policies required by this Section shall be maintained by the
Tribe throughout the term of the Lease, and such other period of time during which the Tribe is
operating without a Lease hereunder, or is engaged in the removal of its facilities.
96 Within thirty (30) days after receipt by the City of said notice, and in no event
later than fifteen (15) days prior to said cancellation or intent not to renew, the Tribe shall obtain
and fi=sh to the City replacement insurance policies meeting the requirements of this Section.
10. MAINTENANCE AND REPAIR.
10.1 The Crt3s Rem The City shall not be required to make any alterations,
maintenance, replacements, or repairs in, on, or about the Hatchery Area, or any part thereof,
during the term of this Lease.
11. ENTRY BY THE CITY. The City shall have the right to enter the Hatchery Area at any
reasonable hour to inspect for compliance with the terms of this Lease upon twenty -four (24)
hours notice
12. NOTICE. Any notices required or permitted under this 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.
The City: City of Bremerton
Attn:
345 6" Street, Suite 600
Bremerton, Washington 98337
The Tribe The Suquamish Tribe
Attn: Rob Purser, Fisheries Director
P.O Box 498
Suquamish, WA 98392
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.
Lease Agreement - 6
(Between City of Bremerton
and the Suquamuh Tnbe)
13. MISCELLANEOUS.
131 Entire Lease This Lease, including the exhibits and addenda, if any, contains the
entire Lease 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.
13 2 Applicable Law and Venue This Lease shall be interpreted by the laws of the
State of Washington and by the laws of the United States, where applicable.
13.3 Dispute Resolution This paragraph shall govern the resolution of all disputes
ansing from the implementation of this Lease. The parties intend to resolve their disputes
through ducct discussion and, if such is not possible, then through the dispute resolution
framework established below. All stated time frames for resolving disputes may be lengthened
by mutual consent.
a Direct Discussions. To initiate dispute resolution under this subsection, the
complaining party shall first provide notice by submitting a written complaint letter to
the representative of the party (as identified in this Lease) against whom the dispute is
lodged, stating the nature of the dispute, the requested resolution, and the factual basis
supporting the requested resolution The responding party shall, within then (10)
business days of receiving the complaint letter, provide a written response, stating its
agreement or disagreement with the nature of the dispute and the requested resolution
If the responding party disagrees with the complaint or the proposed resolution, the
written response must provide at least one alternative resolution and the factual basis
supporting such resolution(s). Thereafter, the representatives of each party will, for
fifteen (15) business days, make a good faith attempt to resolve the dispute through
one or more direct discussions. If no mutually acceptable resolution is reached, the
lead representatives will prepare a joint statement within five business days, which
includes a chronology, a synopsis of the discussions that took place and the last stated
position of each party.
b Mediation If direct discussions between the parties fail to resolve the dispute, any
participating party may, within five business days of completing the direct discussion
process, make written request for mediation to be conducted at a place mutually
agreeable to in writing by the Parties If the Parties agree to engage in mediation, the
Parties shall seek a mutually acceptable mediator and shall agree to a mutually
acceptable mediation protocol. Enforcement of a mediation agreement reached shall
be the same as enforcement as an arbitration decision as set forth herein. If a party
objects to proceeding with mediation, then mediation may be bypassed, and the
dispute resolved pursuant to arbitration as set forth herein.
Lease Agreement - 7
(Between City of Bremerton
and the Suquamuh Tribe)
c Binding Arbitration Should direct discussions prove unsuccessful in resolving the
dispute, and either mediation is not requested or is bypassed, or is also unsuccessful,
either the complaining or responding party may make a written demand for arbitration
before a three person panel Each party may select one person to sit on the panel and
third person shall be mutually agreed upon. The parties shall mutually agree to the
arbitration protocol. Any arbitrator selected must have a fundamental knowledge of
and at least five (5) years' legal experience working with contract law and working
knowledge of Indian law and federal law. The arbitrators shall have the power to
establish a schedule for the hearing which hearing shall be limited to no more than
two consecutive business days to be equally divided between the Parties, including
preliminary discovery to the extent he or she deems necessary and property under the
conduct of the hearing, and to conduct the hearing and administer oaths and
affirmations. The arbitrators' decision shall be accompanied by an explanation as to
the basis for the award. Each party will pay for its own attorneys' fees. All
arbitration awards shall be binding upon the Parties and non - appealable. Relief may
include temporary, injunctive, or other provisional remedies, along with all other
remedies available in equity or at law, except as expressly limited in this Lease.
d Enforcement of Arbitration Award Upon the issuance of an arbitration award or
mediation agreement, the prevailing party may seek the entry of judgment upon the
award in any court of competent jurisdiction. The court of competent jurisdiction
shall enforce the decision of the arbitrator and shall not modify, correct, alter or
vacate said decision in any way unless the court finds after notice and hearing upon
application of a party to the arbitration, one or more of the following- (1) the
arbitration decision was procured by corruption, fraud, or undue means, (2) there was
evident corruption in the arbitrator, or (3) the arbitrator was found guilty of the
specific misconduct of refusing to hear evidence pertinent and material to the
controversy which prejudiced the rights of a party. No court shall have jurisdiction to
interfere in any with any pending arbitration. No party may seek from such court any
provisional remedy pending appointment of the arbitrator or the arbitrator's rendition
of the award. If the court vacates the arbitration decision, then the court shall direct a
rehearing either before the same arbitrator or before a new arbitrator to be chosen in
the manner provided in this section.
e Limited Waiver of Sovereign Immunity by the Tribe Except for the limited waiver of
sovereign immunity provided in this Dispute Resolution subsection, nothing in this
Lease shall be construed as a general or specific waiver of the Tribe's sovereign
immunity, which immunities are expressly asserted. The Tribe hereby grants to the
City a limited waiver of sovereign immunity solely for the purpose of dispute
Lease Agreement - 8
(Between City of Bremerton
and the Suquamuh Tribe)
I
resolution provided in this Lease and such waiver shall not be extended to any other
person, agency or entity e'Limited Waiver'j. The Limited Waiver applies to
contractual claims ansing under this Lease and does not apply to any non - contractual
claims or to claims under any other agreement between the Parties. Furthermore,
nothing contained in this Limited Waiver shall be construed to create a contractual
relationship with or a cause of action in favor of any third party against the Tribe.
This Limited Waiver applies only to the enforcement of a mediation agreement or
arbitration award against the Tribe, provided such mediation agreement or arbitration
award has been secured in accordance with this Lease.
f. No Requirement of Exhaustion of Tribal Court Remedies The Parties acknowledge
that under the Limited Waiver provide for herein, the assumption of jurisdiction by
any arbitrator or court of competent jurisdiction shall not be delayed or curtailed by
any doctrine requiring exhaustion of Tribal court remedies.
g_ No Consent to State Court For Any Purpose The Tribe expressly states and the City
understands and acknowledges that the Tribe does not consent to the jurisdiction of
the Superior Court of the State of Washington or any other state court for any purpose
except if necessary to enforce an arbitration or mediation award.
13.3 Modification Any modification of this Lease must be in writing and signed by
the Parties. The City shall not be bound by any oral representations or statements.
13.4 Survival of Covenants The covenants contained herein survive the termination or
expiration of the Lease for the applicable statute of limitation penods.
THIS AGREEMENT requires the signature of all parties and is executed as of the date
of the last signature below.
CITY OF BREMERTON SUQUAMISH TRI
By Patty Lent y: Leonard Forsman
Its Mayor Its: Cha an
Date Date-
i
Lease Agreement - 9
(Between Ctry of Bremertan
and the Suquamrsh Tribe)
i
APPROVED AS TO FORM: APPROVED AS TO FORM:
M L,44 akt4
Roger A. Lubovich, City Attorney M Jody A , Attorney for the Suquamish
Tribe
*Notaries on Next Page*
i
Lease Agreement - 10
(Between Cary of Bremerton
I
and the Suquamish Tribe)
1
STATE OF WASHINGTON )
COUNTY OF KTTSAP )
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 he 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 . 20 — .
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 Leonard Forsman 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 the Chairman of the
Suquamish Tribe to be the free and voluntary act of such Tribe for the uses and purposes
mentioned in the instrument.
7`P
WTTNESSETH my hand and seal this day of rn 201/.
e N10,
. - NOTARY PUBLIC in andAr the State pf
i 3U
Washington, residing at
4'j'h j 8 N� V"' My commission expires /.: N�!/
���i�j��►na g
i� �` fit'
si OF WA
RLegeNegd CamncesPUBLI� lICS10D 11tem re Sehaon Rwmg doe
Lease Agreement - 11
(Between City of Bremerton
and the Suquamish Tribe)
i
EXHIBIT A
GORST CREEK SALMON REARING FACILITY PROPERTY
Beginning at the 1/4 corner common to Sections 31 and 32, Township
24 North, Range 1 East, Willamette Meridian; thence N.44 0 12'46 "E.
1812.54 ft to an existing fence corner on what is commonly known
as the City of Bremerton Gorst Creek Pumping Plant Property and
the True Point of Beginning; thence along an existing fence line
N.40 "E. 71.18 ft to a fence corner; thence N.16 "E.
33.79 ft to a fence corner; thence S.72 "W. 33.06 ft to a
point on the north side of the City of Bremerton's access road;
thence along the north side of said road N.80 "W. 47.61 ft;
thence along the north side of said road N.85 "W. 208.33 ft;
thence N.14 0 04 1 41 "E. 150.00 ft; thence N.45 0 55 1 19 "W. 127.00 ft to
a point on the southerly right -of -way of the U.S. Navy Railroad
(Bremerton Branch); thence along said right -of -way N.84 "W.
160.10 ft; thence S.45 0 55'19 "E. 210.76 ft; thence S.14 "W.
100.00 ft to a point on the north side of the City of Bremerton's
access road; thence along the north side of said road S.82 "W.
251.67 ft; thence along the west side of the City of Bremerton's
access road S.28 "E. 135.80 ft; thence S.61 "W. 40 ft
more or less to the thread of Gorst Creek; thence downstream along
the thread of Gorst Creek to a point which lies N.52 "E
1701.99 ft from the 1/4 corner common to Sections 31 and 32 of
Township 24 North, Range 1 East, Willamette Meridian; thence
N.33 "E 150 ft more or less to an existing fence corner;
thence N.50 "W 224.53 ft along an existing fence line to the
True Point of Beginning.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
eeeeeeeeeeeeeeeeeeeeteeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeee■
SUBJECT: Professional Services Contract Study Session Date 05/25/11
with Imperial Parking ( Impark) for parking COUNCIL MEETING Date 06/01/11
fee collection and enforcement Department Finance
Presenter Gary Sexton/Becky
Hasart
Phone 360 -473 -5722
SUMMARY: The City currently contracts with Diamond Parking to manage parking fee collection
and enforcement/administration of city owned garages and streets This contract expires June 30,
2011 In May, a request for proposal went out to upgrade these services from a manual cash only
collection process to a "pay and display" metered service and four responses were received After
review by administration and discussion at the May 11 council study session, it was determined that
Impark was the preferred operator Staff is currently negotiating with Impark on the details of the
Professional Services contract and will have this available prior to the meeting on June 1, 2011 after
appropriate legal review In the interim, the financial aspects have been settled (see Fiscal impacts)
ATTACHMENTS:
— QrokesSional SerViceS R9ree vv\Cr\+- W/
'Bid - rabuta+inr\ Skf-e+
FISCAL IMPACTS (Include Budgeted Amount) Monthly costs associated with this contract are a
minimum of $23,517 and can increase depending on how many "complaint only" responses are
required at $14 50 per hour Anticipating an average of 20 hours for complain only enforcement,
monthly costs can be approximately $24 `7'73,This is comparable to existing costs and is less than
anticipated parking revenue
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
RECOMMENDED MOTION:
Move to approve the professional services contract with Imperial Parking and authorize the Mayor to
finalize and execute the contract with substantially the same terms and conditions as presented
STUDY SESSION ACTION: ❑ Conse t Age da General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ le ❑ Continue L] No Action
PROFESSIONAL SERVICES AGREEMENT
IMPARK
The City of Bremerton ( "City ") and Imperial Parking (Impark) ( "Operator "), referred
to collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Operator agrees to perform the services more specifically described in the
Scope of Work, attached hereto as Exhibit A (Scope of Work), Exhibit B (Technical
Specifications) and Exhibit C (Pay Station Performance Standards), which are incorporated by
reference herein. The Scope of Work may be modified only pursuant to Section VI C 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. The Operator further
represents that the services furnished under this Agreement will be performed in accordance with
and pursuant to the Bremerton Municipal Code as currently enacted or hereinafter amended and
in accordance with generally accepted professional practices in effect at the time such services
are performed For purposes of this agreement, the City Designated Representative is the
Director of Financial Services or his/her specifically assigned designee.
II. Term: The term of this Agreement shall be five (5) years The City and the Operator
agree that work will begin on the tasks described in Exhibits A, B and C commencing July 1,
2011 through June 30, 2016
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay the Operator in accordance with Exhibit A and incorporated herein by this
reference.
Operator 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. Operator shall only be compensated for additional services if requested pursuant in
accordance with Exhibit A
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Operator of its obligations under this Agreement.
IV. Relationship of Parties: The Operator 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 The Operator and its personnel are independent operators and
employees and not employees of the City The Operator and its personnel have no authority to
bind the City or to control the City's employees. 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 or representatives of the Operator The
Operator will be solely and entirely responsible for its acts and for the acts of Operator's agents,
employees and representatives during the performance of this Agreement
1
Impark Parking Agreement
As an independent Operator, the Operator 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 Operator or its personnel.
As an independent Operator, the Operator 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
ansing from the delinquency, from any payments due the Operator.
V. Indemnification: The Operator shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4 24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Operator
and the City, its officers, officials, employees, agents and volunteers, the Operator's liability
hereunder shall be only to the extent of the Operator's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE OPERATOR'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 Operator 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 Operator, its agents,
representatives, employees, sub - consultants or sub - Consultants
Before beginning work on the project described in this Agreement, the Operator shall
provide a Certificate of Insurance evidencing
Automobile Liability insurance with limits no less than $5,000,000 combined single
limit per accident for bodily injury and property damage, and
2
Impark Parking Agreement
Commercial General Liability insurance written on an occurrence basis with limits no
less than $5,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage; and
Any payment of deductible or self insured retention shall be the sole responsibility of the
Operator.
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 Operator 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 Operator'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 Operator's insurance shall be primary insurance as respects the City and it shall be
an affirmative obligation upon Operator 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,
3456 th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension
or substantive change of any insurance policy set out herein, and failure to do so shall be
construed to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A Audit- The operator shall maintain all books, records, documents, and other evidence
pertaining to the revenues and expenses allowable under this agreement in accordance with
generally accepted accounting principles (GAAP). All such books and records required to be
maintained by this agreement shall be subject to inspection and audit by representatives of the
City at all reasonable times, and the operator shall afford the proper facilities for such inspection
and audit Representatives of the City may copy such books, accounts, and records where
necessary to conduct or document an audit. The operator shall preserve and make available all
such books of accounts and records for a period of three (3) years after final payment under this
agreement In the event that any audit or inspection identifies any discrepancy in such financial
records the operator shall provide the City with appropriate clarification and/or financial
adjustment within thirty (30) calendar days of notification of the discrepancy.
3
Impark Parking Agreement
B. Record keeping and Reports: The operator will provide detailed reports of the
revenues collected and deposited to the City on a per deposit basis. The operator will provide
detailed reports of any enforcement actions (outstanding tickets issued, aging report for same)
and their disposition.
C Reports to be Submitted: The operator will provide to the City annually a copy of
the independent audit report of its operations, along with any potential findings of fact and the
work plan developed to correct these findings, if applicable.
1. All revenue collections, deposits and reporting procedures shall be in accordance
with City of Bremerton Financial Services requirements. All parking revenue
shall initially be deposited to the Operator's accounts using real time
authorization and the Operator's merchant numbers. Deposits into a designated
City of Bremerton account shall be at a minimum on a monthly basis.
2. The following is the minimum requirement for reports that shall be prepared by
operator and transmitted to the City:
i Monthly summary of activities showing total work hours, patrol and non-
patrol; customer service hours.
II. Monthly summary of ticket activity including the number of tickets by
infraction type, by street area, and a list of voided tickets with an
explanation as to why the tickets were voided This report shall be
provided to the City Finance Department designated representative.
iii Written reports on all complaint phone calls or on street complaints to
officers on Duty Upon request, written complaint logs, including the
names of the parties involved, telephone logs, including the names of the
parties involved, telephone numbers and addresses (if known) the nature
of the complaint, and action taken, shall be available for inspection by the
City.
D 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 Operator in connection
with the services performed by the Operator under this Agreement will be safeguarded by the
Operator to at least the same extent as the Operator safeguards like information relating to its
own business If such information is publicly available or is already in Operator's possession or
known to it, or is rightfully obtained by the Operator from third parties, Operator shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Operator under this Agreement may be stored at
Operator's office in Bremerton, Washington Operator 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.
4
Impark Parking Agreement
E. Work Performed at Operator's Risk: Operator shall take all precautions necessary and
shall be responsible for the safety of its employees, agents, and sub - Operators in the performance
of the work hereunder and shall utilize all protection necessary for that purpose. All work shall
be done at Operator's own risk, and Operator 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.
F. Place of Work: The Operator shall perform the work authorized under this Agreement
at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A,
Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the
parties.
G. 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.
H. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
I Modification: This Agreement may only be modified by written instrument signed by
both Parties.
J. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing
City of Bremerton Impark
Director of Financial Services
3456 Ih Street, Suite 600
Bremerton, Washington 98337
360- 473 -5290
K 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
L 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.
M Compliance with Laws- Operator shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement
5
Impark Parking Agreement
N. 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 to Kitsap County Superior Court.
O. Attorneys' Fees: In the event of litigation to enforce any of the terns or provisions
herein, each party shall pay all its own costs and attorney's fees
P. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
VIII. Nondiscrimination: Operator 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. 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 tenninahng Party's sending
notice to the non - performing Party.
In the event of termination, the City shall pay for all services performed by the Operator
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 Operator's
possession pertaining to this protect which may be used by the City without restriction. Any
such use not related to the project which Operator was contracted to perform shall be without
liability or legal exposure to the Operator
CITY OF BREMERTON IMPARK
By: By:
its* its:
Date Date
Approved as to form: Attest:
Bremerton City Attorney City Clerk
R \ Legal \Legal \Files \Parking \Professional Services Agreement\Impark doe
6
Impark Parking Agreement
EXHIBIT A
SCOPE OF WORK
I. OPERATIONS
A. Generally.
1 Operator shall be responsible for all aspects of recruitment and selection of
parking enforcement personnel.
2. Limited Commission — Operator shall provide the City of Bremerton Police
Department with all personnel information required to investigate and issue a Limited
Commission The City shall review all information regarding a prospective enforcement
employee prior to authorization of issuance of a Limited Commission
3 Operator shall provide all enforcement personnel with professional appearing
uniforms consisting of shirts, trousers and packets Uniform jackets and shirts shall have attached
patches on the sleeves with an emblem designating the wearer as official parking enforcement
personnel. Uniform design must be approved by the City. All enforcement personnel must carry
photo identification and a copy of their commission while on duty Under City direction, the
operating company will have responsibility for the overall daily operation of the identified City -
owned and leased parking facilities. The operating company will develop the staffing plan,
operating procedures, and other portions of the policies and procedures necessary to operate the
parking facilities in an efficient and cost effective manner. A thorough working knowledge of
the latest parking technology and systems, including but not limited to, validation programs,
valet parking systems, and parking management practices is considered essential The operating
company will be expected to note problems or opportunities for improvement, and make
recommendations to the City's Designated Representative as to possible policy or operational
changes. The operating company shall at all times maintain a high standard for personnel and
performance, consistent with good customer relations. The operating company shall control the
conduct, demeanor and performance of its employees to insure that good, efficient and courteous
service shall be furnished all users of the parking facilities on a fair, equal and non-
discriminatory basis. Additionally, the operating company is specifically authorized to exercise
such control as it deems reasonably necessary for the orderly, safe, sanitary and secure use
thereof, and to prevent or discourage disturbances, illegal acts and violations of laws,
regulations, ordinances and rules of the City
B. Communications
All enforcement personnel shall have ready access to their supervisor and to the
Bremerton Police Department.
C. Maintenance. The Operator shall maintain all parking facilities daily, picking up
articles of trash and debris. Sweep spot areas, as required, to remove any excess dirt and debris
Maintain an appearance acceptable to City of Bremerton standards.
D. The Operator shall.
1 Issue time and date stamped parking tickets for all electronic and/or
manual pay parking stations and other infractions
2. Collect money for all parking stations, plus daily, monthly and event
parking
3. Ensure that all parking income collected by the operating company shall
be accounted for and deposited daily to the designated City account. Daily parking tickets, bank
1
Impark Parking Agreement - Exhibit A
deposit slips and daily summary sheets for each week shall be submitted to the City Treasurer's
Office on the Tuesday of the week following the Saturday deposit.
4. Issue parking violation tickets for parking violations, when appropriate.
E. Enforcement Vehicles The number, nature and type of enforcement vehicles, if
any, (i e. scooters, bikes or other) is solely discretionary with the Operator.
H. SCOPE OF REQUESTED SERVICES AND SERVICE FEE
A. Parking Garages - Electronic Pay Stations (Area U
1. Monthly Fee payable by City to Operator for Operator installation, repair
and maintenance of nineteen (19) Electronic Pay Stations on a five (5) year contract
Electronic Pay Stations shall immediately be installed and shall have debit/credit card,
real time authorization, coin, and bill capabilities and shall meet at a minimum the criteria in
Exhibit B Said equipment shall be repaired and maintained at a standard of not less than set
forth in Exhibit C.
Monthly Fee: $6,473.87
Plus Sales Tax, if applicable
2. Parking Garages /three locations
a Conference Center at l & Washington
(4 stations on second and third floor levels)
b. Washington Avenue Garage (between Fourth & Fifth Streets)
(6 stations on levels 1 through 2 and 3)
C. Park Avenue Plaza
(9 stations on four (4) levels)
Note- Electronic Pay Stations Manufacturer & Model: Luke II
Additional specifications and limitations are in accordance with the Operator bid
proposal submitted In the event of conflict, the Exhibits B & C shall apply.
d Special Events
The operator will be required to provide supplemental parking attendants
(one per floor, 2 attendants) as needed and determined by the City for larger functions at the
parking facilities It is currently estimated that there will be 20f such events annually
Normally, the attendants will be required for one hour before and until one hour after the
scheduled start time for the event. Additional attendants as needed and requested at the
following hourly rate per attendant
Hourly Rate per Attendant: $14.50
e. Reimbursement rate, monthly, if City terminates any or all Electronic Pay
Stations at any time between year 1 and end of year 5 Termination may be made by the
City on 60 day advanced notice.
Monthly Rate per Pay Station: $299.53
2
Impark Parking Agreement - Exhibit A
f. The Operator shall transfer title to the City free and clear to the Pay
Stations at the end of year five or earlier termination date, if reimbursement has been paid by
City.
B. On Street/Off Street Surface Parking - Electronic Pay Stations (Area B)
The monthly rate payable by the City to Operator for initial installation, repair and
maintenance of currently ten (10) electronic pay stations in the following Zones on a five (5)
year contract. The electronic pay stations shall have debit/credit card, real time authorization
coin and bill capabilities and shall meet at a minimum the criteria set forth in Exhibit B Said
equipment shall be repaired and maintained at a standard not less than set forth in Exhibit C.
Monthly Rate per Electronic Pay Station: $3,400.30
Plus sales tax, if applicable
Zones
• Fourth Street- Warren Avenue. to Park Avenue
• 2 Stations
• Fifth Street: Warren Avenue to Park Avenue
■ 2 Stations
• Park Avenue SW of Fourth Street, surface parking lot
■ 1 Station
• 200 block Warren Avenue
■ 1 Station
• 100 block Chester Avenue
■ 1 Station
• Chester Alley
■ 1 Station
e 300 block Veneta Avenue
■ 1 Station
• 1500 -1600 Bldg 4` Street
■ 1 Station
• Monthly reimbursement rate if City terminated on street/off street surface electronic pay
stations at any time between end of year 1 and end of year 5.
Monthly Rate: $299.53
Per Pay Station
• The operator shall transfer title free and clear to the City, to the electronic pay stations
at the end of year 5 or earlier termination if reimbursement has been paid by the City.
Note. Proposed Electronic Pay Station Manufacturer and Model: LUKE II
In accordance with Exhibits B & C and additional specifications set forth in
Operator's bid proposal.
3
Impark Parking Agreement - Exhibit A
C. Monitoring and Ticketing:
1. Operator shall provide monitoring and ticketing services in the i) Area A
parking garages, ii) Area B on street and off street surface locations and iii) Downtown
Harborside Core from Sixth Street south to the PSNS fence and Warren Avenue east to
Port Washington Narrows, with not less than the following frequencies:
• WEEK DAYS- Three times daily with morning checks between 8.00 AM —
11 00 AM, afternoon checks between 11.00 AM and 4 00 PM and evening
checks between 4 PM — 9.00 PM
• WEEK ENDS Not less than twice daily, day time between 10 00 AM — 3:00
PM and evenings between 4.00 PM — 9.00 PM.
• ADDITIONAL CHECKS Park Avenue Plaza. One additional check each
day Friday, Saturday, Sunday between 5 00 PM —10 00 PM.
• RANDOM CHECKS: Operator will provide the City with a monthly
schedule setting forth random checks at times other than the above agreed and
scheduled time. The random check times will substitute for an equal number
of scheduled check times. The City may, at its sole discretion, modify or
reject any random check schedule.
Monthly Fee: $12,842.00
1. Office:
• The operator will be required, as part of the rate proposal under this section,
Section II C , to maintain an office in the City of Bremerton five days a week,
open not less than 7 hours a day. The specific days and hours to be negotiated
with the city Designated Representative. The City will provide at City cost, in
the Harborside area, space of 600± sq. ft., including garbage service.
Operator will be responsible for electricity, water (if any), phone, business
license and all other costs.
• The city will also provide space for storing of up to 3 vehicles.
• Operator shall maintain local phone number and e-mail address for receipt of
public requests comments and complaints that will be monitored daily, except
Sundays.
2. The operator shall be required to separate personnel so that no individual has
responsibility or access for enforcement, repair and/or revenue collection from
pay stations.
D. Residential and Washington Avenue /s tn Street Parking Garage Permit Parking:
• Residential and Washington Avenue /5` Street Parking Garage (with 2 floors)
Permits, will be issued by Operator at office during normal business hours
• Operator would issue residential parking permits as outlined in the Bremerton
Municipal Code Title 10 10 and pursuant to City contracts or the Washington
Avenue /5 Street parking garage.
4
Impark Parking Agreement - Exhibit A
• Operator shall assume responsibility for updating and maintaining the
Residential Parking Permit Program database and the Washington Avenue and
the 5` Street Permits.
• Permits are currently issued for four (4) residential Parking Permit Areas and
one (NW, NE, SW, SE) "Permit Only" zone.
• Monitoring shall be as directed by the City Designated Representative not to
exceed twice daily and three (3) days per week, excluding Saturday and
Sunday at approved random times. The rate is based on monitoring time at
$14.50 per hour.
Monthly Rate: $800.00
E. City Restricted Parking:
Monitoring and ticketing of general city areas for parking enforcement. Complaint basis
only response. City will on monthly basis, establish hourly limitations and requirements
as determined by City Finance Director or assignee. The City currently estimates 20
hours monthly.
Hourly Rate: $14.50
5
Impark Parking Agreement - Exhibit A
EXHIBIT B
TECHNICAL SPECIFICATIONS
The City has determined minimum system specifications and requirements as outlined below
Failure to comply with these specifications may be cause for refection of the proposals. Alternate
components that will meet the same function may be considered.
1. Hardware -Pay Station Cabinet
a) The unit shall have a visually pleasing design and/or exterior finish. It should be
compatible with existing street furniture and not be an intrusion to the urban landscaping.
The color will be specified by the City.
b) Internal components enclosed in a theft resistant steel housing. Housing must be
minimum 11- gauge cold rolled and stainless steel.
c) Units must be plumb mounted to sidewalk or City approved site.
d) Bolts (anchor) must only be accessible by City maintenance staff and not
viewable by the public.
e) Coin chute must have an anti -back up device to prevent coin retrieval and jamming by
foreign objects. Coin chute must also have the capability to prevent the theft of time via
manipulation of the meters by foreign objects
fl Coins passing through the unit should be deposited directly into a removable
sealed coin vault/camster securely enclosed in separate compartment of the pay station
g) The unit shall have separate compartments for maintenance and collections There
shall be no access to the money in the cash box when the unit is open for maintenance or
collection
h) The height of the pay station unit, all coin and card aperture locations must be
compatible with the Americans with Disabilities Act (ADA) requirements
2. Security and Locking Mechanisms
a) No locks can be exposed beyond the flush mount of the housing. All locks must
be out of the public's view.
b) All locks (housing and vault) must be at a mimmum equal to or greater than the
superior high security locks currently on the market with anti - vandalism protection and
have the capability to notify City Staff of potential vandalism or tampering.
C) Locks must not utilize oval or hollow keys
d) Locks must not utilize tumblers.
e) Locks should be corrosive resistant and should not require regular cleaning or
maintenance.
0 Locks cannot be duplicated or purchased from either the vendor or lock
manufacturer without the City's prior consent and approval
g) Separate keys must be available to prevent maintenance personnel from entering
the collection area and vice versa
1
Impark Parking Agreement Exhibit B
3. Payment Types
a) Accept dollar (including Susan B dollar), quarter, dime, and nickel coins
b) Pay stations must be able to detect and reject foreign coins and slugs If the coin
slot is jammed or inoperable, the unit should still accept credit or cell phone payments
The unit shall notify City Staff of Jammed or inoperable coin slot.
C) Debit and Credit card acceptance shall include at the minimum Visa and
MasterCard. The pay station and vendor must be Level 1 Payment Certification Industry
(PCI) compliant. Vendor supplying parking equipment must meet the credit card data
security requirements outlined by the Payment card Industry Standards Council for
service providers and/or software vendors. PCI Certification must be achieved through a
third party audit process The provision of voluntary security scan reports and
questionnaires as proof of compliance will not be acceptable.
d) All transactions must meet or exceed the latest security requirements
(encryption) for wireless financial data communications.
e) Pay & Display at different unit to be inter- connected so a customer may
pay at any unit.
fl Pay -by -phone and time addition capability Must have Cell pay (pay by phone)
system. Pay station machines must be automatically updated with paid parking for that
space if a citizen chooses to use pay by cell
4. Screen
a) Shall have back lights to help with visibility but have energy saving capabilities.
b) Shall be protected by Lexan windows or equivalent material.
c) Shall be easily readable under various daytime and nighttime light conditions.
d) Shall be capable of displaying different fonts and styles of characters on the same
screen and should use U.S. date style (MM: DD: YY) and time (HH MM AM/PM)
e) Color LCD will be considered but is not mandatory
0 For increased contrast, the screen must display dark lettering on light background,
or light lettering on dark background. These contrast settings should be selectable and
allow for automatically changing from one to the other and back at a predetermined time
during the day.
g) All prompts on the pay station must be user configurable
5 Instructions to Paying Customers
a) Instructions should be provided in both English and Spanish
b) Use of international symbols when and where ever possible.
C) Instructions should be provided on the LCD screen, as well as, usage of decals
and permanent signage on the pay station Instructions should be clear and concise
d) Screen must maintain normal operation within 0 degrees Fahrenheit to 120
degrees Fahrenheit additionally in being located in a humid environment during the
summer months where condensation can occur
6. Keypad
2
Impark Parking Agreement Exhibit B
a) The unit must have a full numeric keypad.
b) When a key is pressed, an audible indication must be given to provide feedback to
the parker.
c) The keypad must be vandal resistant, weather proof and corrosion resistant.
d) The keypad must be modular and easily unplugged and removed with basic tools
for easy servicing.
7. Coin Changer /Acceptor
a) Coin slot shall accept all coins through a single slot
b) Must be capable of accepting nickels, dimes, quarters and dollars (including
Susan B. dollar).
C) Must reject all fraudulent coins and foreign coins immediately through the coin
return cup.
d) Must be of modular construction to allow for easy removal with basic tools
8. Coin Compartment
a) All denominations of coins must be held in a double - locked secured cash box.
b) The cash box must be secured when removed from the pay station.
c) A key must be required to open the cash box
d) Staff without keys must not be able to remove or open the cash box
9. Credit Card Reader and Operation
a) The credit card reader must only partially ingest card, so that the customer
maintains control of the card at all times.
b) The credit card reader must be modular and easily unplugged and removed with
basic tools for easy servicing.
10. Power Supply
a) The pay stations shall be battery operated. Solar power is not mandatory but will
be considered
b) Pay stations must be equipped with an auxiliary battery backup system.
C) Batteries must be able to be changed without use of significant tools
d) Minimum battery life at full charge shall not be less than 60 days.
e) Vendor must provide warranty and detailed specifications for batteries
0 Unit must have a low battery indicator and be easily viewable.
g) Low battery indicator and alarm through viewing of remote software is required
h) Low battery indicator sent to email, pager and/or cell phones
1) A separate battery must be supplied to sustain the clock, calendar, audit
information and RAM in the event of a main back up system failure or during battery
replacement Unit must retain rate structure, auditing/financial data and maintenance data
during battery replacement or power failure.
3
Impark Parking Agreement Exhibit B
11. Serviceability
a) The contracting Vendor shall be responsible for all maintenance of the meters and
systems
12. Data Management
a) All data (operational & financial) must communicate with remote backend
software and must be viewable 24 hours, 7 days a week.
b) If a customer paid with a credit card, the data management software must allow
City Staff to look up transaction history by credit card number and see what time,
location, and parking space number or pay station the transaction was authorized, rejected
or never attempted.
c) Critical operational failure data or alarms must be transmitted to email, pager
and/or cell phones immediately upon failure occurring.
d) The unit shall be capable of wireless two -way communication to a remote
communication center to transmit financial data, activity reports, and operational status of
unit.
e) Vendor shall explain in detail how their wireless two -way communication system
works.
f) All desktop software shall be Windows compatible All databases shall be
Windows compliant The software must compile reports for revenue, maintenance, and
parking space usage
13. The system must be able to create ad hoc reports about the on- street parking operation
on a daily basis. Parking management software shall, at a minimum, have the ability to generate
the following reports•
• Revenue by location or pay station
• Maintenance activity by collection area or maintenance route
• Maintenance activity by location or pay station
• Operational status by pay station
• Daily collection report with location numbers
• Date and time stamps for all operational events (failures, resets, low battery,
coin jams, collections, modular component replaced, etc )
• Date, time, type and amount of each transaction
14, Software must be capable of displaying real time information of unit status and
location Status should include at a minimum any warnings or alarms, time remaining and
expired spaces
15. Revenue Audit Capabilities
a) Unit shall record and store all critical financial data.
b) Unit shall transfer financial data to remote data management software
c) Unit shall be accurate to within 99% of actual deposit (both coin and credit)
d) Unit must reset to zero (0) after each collection of financial data.
e) Resetting the meter or loss of power must not affect audit figures held in memory
4
Impark Parking Agreement Exhibit B
by the pay station
0 Revenue must be sorted by denomination of coin and/or type of credit card along
with totals.
g) Auditing software must be available so that actual count can be compared to audit
amount values. Full reporting software must be included.
16. Training
a) Vendor shall provide training on an individual basis or in a group setting as
approved by the City for operation of the pay stations
b) Vendor must provide a training program for technicians and staff responsible for.
(1) Installation, start up, and maintenance /repair of pay stations
(2) Coin collection
(3) Programming rates and parking rimes /restrictions through the management
software
(4) Monitoring the equipment, generating reports and internal auditing
(5) Data file collection, credit card file downloading and processing, set up
and maintenance of user account passwords, etc.
(6) Vendor must provide a thorough outline of the training content and
provide training schedule for both software and hardware The schedule shall
include periodic refresher training (continual evaluation), included but not limited
to, emphasis on particular areas of City's choices and upgrades of software and/or
hardware.
(7) The vendor shall provide ten (10) copies of the operating manual in
English for installation, maintenance, and use (complete with wiring diagrams and
specifications) are to be provided at the time units are delivered.
17. Inventory of Parts
a) Vendor must be able to provide and install the replacement parts, including full
unit replacement if needed, within 72 hours from original request.
18. Customer Support & Service
a) Vendor must provide a point of contact that is able to be reached Monday through
Friday during normal operating hours (8 am to 5 pm), PST Vendor must also provide a
point of contact for after hour emergency requests.
b) Vendor must return phone calls the same day should City need immediate
assistance.
c) Vendor must provide detailed scheduled maintenance guidelines and instructions
to ensure that Vendor is maintaining the equipment as required to insure optimal
performance
19. Installation
a) The City shall identify'locations for pay stations or meters with recommendations
from Vendor
i
5
j Impark Parking Agreement Exhibit B
I
i
b) Vendor to assist with identifying locations for pay station signage All costs for
space markings and sign creation will be paid by the Vendor and are included as part of
this RFP.
c) Pay stations will be installed predominantly on sidewalks. Full installation will be
completed by the vendor including activation of the units.
d) Installation shall preformed by a California Licensed Contractor.
20. Unit Programming
a) The unit is to be fully programmable. Field programming is to be accomplished
by Vendor Staff.
21. Wireless Handheld Citation Device
a) The Vendor shall supply one (1) wireless handheld citation device to allow City
enforcement staff to download information regarding parking space times directly from
the pay station to the handheld.
i
I
6
Impark Parking Agreement Exhibit B
i
EXHIBIT C
PAY STATION PERFORMANCE STANDARDS
1. No pay station will be out of service for mare than 10 consecutive system operating hours
for lack of replacement part
2 Units will be out of order no more than 1% of system operating hours per year.
3 Each machine has a sixty day burn in period before standards apply
4. City has right to demand that a unit be replaced within one business day if unit
experiences system failure that can not be corrected in field or exceeds average equipment failure
rate (I%) by 50 %.
5. Less than 1 % of receipt paper replenishment or coin collection notice shall result in
machine being out of service.
6. Performance standards are related to performance while operating in temperature range
of -13 to 130 degrees (F) and 97% non - condensing humidity
1
Impark Parking Agreement Exhibit C
CITY OF BREMERTON
BID TABULATION
BID TITLE City -Wide Parking Enforcement OPENED BY , C_ (,
DATE OPENED May 3, 2011 TIME OPENED 3:00 p m RECORDED BY �I 1
NAME OF BIDDER OPTION A OPTION B OPTION C OPTION D OPTION E
p 7 4 e 02 1
i MT I (p orallo 1 07 -, OE) �771.67n�-w, �22-27
u��GVICI k4l T?'7
`
APPARENT LOW BIDDER SUMMARY
SECOND LOW BIDDER
THIRD LCW 11115DER
Page 1 of 2
Christine Grenier
From Christine Grerner on behalf of City Council
Sent Friday, May 27, 2011 108 PM
To. 'Sue Sue'
Subject Citizen Concern - Residential Parking Enforcement (Sue Venard)
Dear Ms Venard,
Thank you for sharing your concerns about parking enforcement in Bremerton The City continually
reviews its code and how that relates to doing business Council Members always value citizen input I
have provided your letter to Council Member Roy Runyon as well as the remaining Council Members for
their use when considering the parking enforcement contract at the June 1 Council Meeting
Sincerely,
Christine Grerner
Council/Auditor Assistant
City of Bremerton
(360) 473 -5280
From: Sue Sue [mailto.suesuepv @msn com]
Sent: Friday, May 27, 2011 12.21 PM
To: City Council, Patty Lent
Subject: Residential Parking Enforcement
Mayor Lent and City Council,
I live at 1722 Gregory Way in Bremerton in a Residential Parking Permit requirement area Recently,
Diamond Parking has been the parking enforcement agent for the City of Bremerton, and I would like to
express concerns regarding the enforcement practices.
The parking permit states that the maximum time limit parking is allowed on a public right -of -way is 72
hours in accordance with the Revised Code of Washington I have searched through the RCW's and am
unable to find exactly where that is stated If this is a City of Bremerton Code and not a Washington
State Code, this should be cor in the parking permit document language issued to residents.
Furthermore, I would like to voice my objection to parking enforcement marking tires of those vehicles
having valid residential parking permits displayed. When I enquired why they mark the tires I was told it
was to time the 72 hour enforcement In other words, if you go on vacation for a week, you will have a
ticket on your window when you reurn home. I asked if this code was enforced unilaterally throughout
the City of Bremerton public rights -of -way, and was told that "Diamond Parking doesn't have enough
money in their contract to enforce that code for city streets outside of the residential parking area " It is
unfortunate that there isn't enough money appropriated to enforce that code throughout the City,
however, by solely enforcing it within Residential Permit Parking neighborhoods, this is selective
enforcement and harassament.
I would hope that with the implementation of the new parking enforcement contract with Imperial
Parking, this will be brought to their attention. Either the code must be enforced unilaterally throughout
the City of Bremerton, or not at all, unless it is complaint driven. How much extra time has it been taking
the parking enforcers to stop and mark and log all residentil parking permit vehicles during the work
day? Is this a good use of their time? As a taxpayer, I do not think it does.
I look forward from hearing from you in regard to this matter.
Sincerely,
5/27/2011
Page 2 of 2
Susan P Venard, P.E.
1722 Gregory Way
Bremerton, WA 98337
suesuepv@msn com
5/27/2011
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Update to Kdsap Humane Study Session Date 05/25/11
Society (Animal Control) Contract COUNCIL MEETING Date 06/01/11
Department Finance
Presenter Becky Hasart
Phone 360 -473 -5722
SUMMARY: The City currently contracts with Kitsap Humane Society (KHS) for its animal control
services The existing contract does not have an expiration date but can be amended through
mutual consent of both the City and the KHS In administering the contract, the existing language is
vague and leaves too many things up for interpretation, leading to confusion and miscommunication
regarding services In reviewing the KHS contracts with other Kitsap county cities, the attached
suggested language clarifies services and reporting requirements and brings our contract into
consistency with services provided throughout Kdsap county Finance has reviewed the proposed
changes with the new leadership at KHS and they are in agreement with them
ATTACHMENTS: Updated Professional Services Agreement with Kitsap Humane Society
FISCAL IMPACTS (include Budgeted Amount) The City currently pays $204,000 per year for KHS
services and this amount is accounted for in the 2011 budget There is no change to this amount
The City will also continue to retain all licensing fees collected by the KHS on the City's behalf
APPROVALS:
DEPARTMENT DIRECTOR
CITY ATTORNEY
FINANCE DIRECTOR
C
RECOMMENDED MOTION:
Move to approve the professional services agreement with Kdsap Humane Society and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented
STUDY SESSION ACTION: ❑ Con nt Agenda (General Business ❑ Public Hearing
COUNCIL PRESIDENT
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 4/18/2011
PROFESSIONAL SERVICES AGREEMENT
Kitsap Humane Society
The City of Bremerton ( "City ") and Kitsap Humane Society ( "Contractor"),
referred to collectively as the "Parties," enter into the following Agreement for
professional services
I. Scope: The Contractor shall provide the professional services defined in this
Agreement and as necessary to accomplish the scope of work attached hereto as
Exhibit A. Scope of Services
m the SGOpe of VYoFk dated 20 ,ndudino any attanhments the
.,#.AGM hereto as Exhibit D , Wh,nh ,C Innnrnnreter) by referenne herein The Scope of
Wefk- Services may be modified only pursuant to Section VII G- of this Agreement If
the Scope of WeFk - Services provides for unspecified additional services such services
shall only be performed upon the express written request of the City Contractor further
represents that the services furnished under this Agreement will be performed in
accordance with generally accepted professional practices in effect at the time such
services are performed
II. Term: This Agreement shall be effective as of January 1, 2010 and continue until
terminated pursuant to Section IX of this agreement
III. Compensation: In consideration of the services provided pursuant to this
Agreement, the City shall pay Contractor the fbllowing an amount not to exreed tWG
hundFed and fOUF thousand deNaFs ($204§00) OF seventeen thousand dol.lam ($17,000)
201.1 _$204,000 or $17,000 per month
2012 $204,000 or $17,000 per month
2013 $204,000 or $17,000 per month
2014 $204,000 or $17,000 per month
2015 $204,000 or $17,000 per month
The Contractor shall submit inguispanonthly invoices for services performed in a
previous calendar month in a format acceptable to the City along with an appropriate
report detailing the services provide for said timeframe
GORIaRn to and fall within the Gategeries set out in the SGOpe Of VVGFk a
Schedule- UPOR FeGelpt of a GO149FFning billing statement he City shall pay the
Contractor by check within thirty (30) days of receipt of a proper invoiceer�
PFOGess 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
Bremerton /Kitsap Humane Society
Page 1 of 6
Contractor shall not perform work beyond the Scope of WAFk SeryiceS , nor shall
be compensated for such work, unless the Scope of WeFk Services or amount of
compensation is modified pursuant to this Agreement Contractor 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 B
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 Contractor of its obligations under this Agreement
IV. Relationship of Parties: Contractor represents that it is skilled in the matters
addressed in the Scope of WeFk ervices and is performing independent functions and
responsibilities within its field of expertise Contractor and its personnel are
independent Contractors and not employees of the City Contractor and its personnel
have no authority to bind the City or to control the City's employees and other
Contractors 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 - Contractors of the
Contractor Contractor will be solely and entirely responsible for its acts and for the acts
of Contractor's agents, employees, representatives and sub - Contractors during the
performance of this Agreement The City may, during the term of this Agreement,
engage other independent Contractors to perform the same or similar work
As an independent Contractor, Contractor 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 Contractor or its personnel
As an independent Contractor, Contractor 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 Contractor
V. Indemnification: Contractor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this Agreement, except for that portion of the
injuries and damages caused by the City's sole negligence
The City's review or acceptance of any of the work when completed shall not be
grounds to avoid any of these covenants of indemnification
Should a court of competent jurisdiction determine that this Agreement is subject
to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence
of the Contractor and the City, its officers, officials, employees, agents and volunteers,
Bremerton /Kitsap Humane Society
Page 2 of 6
the Contractor's liability hereunder shall be only to the extent of the Contractor's
negligence
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'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 Contractor 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 Contractor, its agents, representatives, employees, sub - Contractors or sub -
Contractors
Before beginning work on the project described in this Agreement, the Contractor
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
Any payment of deductible or self insured retention shall be the sole
responsibility of the Contractor
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 Contractor
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 Contractor's Commercial General Liability insurance shall contain a clause
stating that coverage shall apply separately to each insured against whom claim is
made or suit is brought, except with respects to the limits of the insurer's liability
Bremerton /Kitsap Humane Society
Page 3 of 6
The Contractor'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 /Kitsap Humane Society
Page 4of6
VII. General Conditions:
A Reports, Audit, and Information When requested by the Gity, GentFaGtei: shall
FepeFts and dOGUFnents shall be fi-imushed- in the time and- fa-Fm Fequested- C-entr
norfnrmorl by a GP A frm i+4her than the Gr+n+r- nt-nr'c• aGGGUntinn frm All GeRt gt a+r
The Contractor shall maintain all books, records,
documents, and other evidence pertaining to the costs and expenses allowable under
this Agreement in accordance with generally accepted accounting principles (GAAP)
All such books and records required to be maintained by this Agreement shall be
subject to inspection and audit by representatives of the City and/or the Washington
State Auditor at all reasonable times, and the Contractor shall afford the proper facilities
for such inspection and audit Representatives of the City and /or the Washington State
Auditor may copy such books, accounts, and records where necessary to conduct or
document an audit The Contractor shall preserve and make available all such books of
accounts and records for a period of three (3) years after final payment under this
Agreement In the event that any audit or inspection identifies any discrepancy in such
financial records, the Contractor shall provide the City with appropriate clarification
and /or financial adjustments within thirty (30) calendar days of notification of the
discrepancy
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 Contractor in connection with the services performed by the Contractor under this
Agreement will be safeguarded by the Contractor to at least the same extent as the
Contractor safeguards like information relating to its own business If such information
is publicly available or is already in Contractor's possession or known to it, or is rightfully
obtained by the Contractor from third parties, Contractor shall bear no responsibility for
its disclosure, inadvertent or otherwise
All data, documents and files created by Contractor under this Agreement may
be stored at Contractor's office in Silverdale, Washington Contractor 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 Contractor 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 Contractor's Risk Contractor shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -
Bremerton/Kitsap Humane Society
Page 5 of 6
Contractors in the performance of the work hereunder and shall utilize all protection
necessary for that purpose All work shall be done at Contractor's own risk, and
Contractor 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 Contractor shall perform the work authorized under this
Agreement at its offices in Silverdale, Washington, and within the Bremerton City limits
Meetings with the City staff as described in Exhibit A, Scope of Services shall take
place at the City's offices, or at locations mutually agreed upon by the parties
E Entire Agreement This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other
agreements, written or oral, that have not been set forth in the text of this Agreement
F Severability Should any part of this Agreement be found void, the balance of
the Agreement shall remain in full force and effect
G Modification This Agreement may only be modified by written instrument
signed by both Parties
H Written Notices All communications regarding this Agreement shall be sent
to the parties at the addresses listed below by registered or 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 Contractor Address
City Clerk Kitsap Humane Society
City of Bremerton 9167 Dickey Rd NW
3456 th Street, Suite 600 Silverdale, WA 98383 -8860
Bremerton, WA 98337 -1873
1 Waiver Failure to enforce any provision of this Agreement shall not be deemed
a waiver of that provision Waiver of any right or power arising out of this Agreement
shall not be deemed waiver of any other right or power
J Non - Waiver of Breach The failure of the City to insist upon strict performance
of any of the covenants and agreements contained herein, or to exercise any option
herein conferred in one or more instances shall not be construed to be a waiver or
relinquishment of said covenants, agreements or options, and the same shall be and
remain in full force and effect
K Compliance with Laws Contractor 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
Bremerton /Kitsap Humane Society
Page 6 of 6
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: Contractor 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 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 Contractor shall include a report showing the status of all items listed in
the Scope of Work current through the termination date
A Excusable Delays The right of Contractor to proceed shall not be terminated
nor shall Contractor 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 Contractors,
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 Contractor, including, but not restricted to, acts
of God, fires, floods, strikes, or weather of unusual severity PROVIDED, HOWEVER,
that the Contractor 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 Contractor 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 Contractor's possession pertaining to this project
which may be used by the City without restriction Any such use not related to the
project which Contractor was contracted to perform shall be without liability or legal
exposure to the Contractor
CITY OF BREMERTON CONTRACTOR
By B
its its
Bremerton /Kitsap Humane Society
Page 7of6
Date Date
Approved as to form Attest
Bremerton City Attorney City Clerk
H \Animal Control\Contract Documents \Animal Control Contract 2010 doc
Bremerton /Kitsap Humane Society
Page 8 of 6
EXHIBIT A
SCOPE O SERVICES (see new Exhibit A at end of this document)
The fe is a l ist ef sepvsr:es that will be pFwided by Kitsap Humane Seelety with
With the dua funetmen ef being a Humane SeElety as we as Aniffia GeAtFel, the serNety
T#[ T
milks and alle fr.r 1
anima
$MG- T }I ei:
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Flea trea feF the anim
pessible, a web site witth appFepnate safeguaFds te view anima that have
been peeked up as stFay. (360 692 6977 x I-)
Bremerton /Kitsap Humane Society
Contract — 2010
EXHIBIT A
.
rl+ aFd E
The -GIty will fl lrnl ^h the Baele ken Hen 1 ense ir
to the Gent et
w' r1�T 41 4 4.1 114.14.1 1 Hen
J animal welfiwe-reseue
rfaeo bFeedeFs and etheFs per-RGW - 16.52 -a and BMG r }I„ : .l n ge.
annua vv ,
Bremerton /Kitsap Humane Society
Contract — 2010
EXHIBIT A — SCOPE OF SERVICES
The Contractor agrees to furnish all labor, materials equipment and facilities to perform
the duties and services required of the official Animal Control and Humane Society of
the City Such duties and services shall include the following
1 Impounding Authonty The Contractor shall act as the Animal Control and
Impounding authority for the City and shall provide impound services and
facilities for all animals for which impounding is authorized or ordered by the
City pursuant to City ordinances
2 Enforcement of Ordinances The Contractor is designated as the Animal
Control Authority and shall enforce all ordinances of the City including
enforcement of Park Codes in City Parks now in effect or hereinafter enacted
relative to the care, treatment, control impounding and licensing of animals
and commercial animal facilities The Contractor shall investigate complaints of
animal cruelty under RCW 16 52 and violations of BMC Title 7 and refer
appropriate complaints to the City for prosecution The Chief of Police of the
City shall commission animal control officers of the Contractor over the age of
twenty -one (21) years as special police officers of the City with the power to
enforce City Ordinances and Washington State RCW relating to animal control
only PROVIDED, that such commission shall be conferred at the discretion of
the Chief of Police and may be revoked at will by him Further, the Contractor
shall assist City law enforcement officers for DUI /DWI stops and /or traffic
accidents involving dogs or cats
3 Quarantine The Contractor, under the authority and at the direction of the
Health Officer of the Kitsap County Health District shalt pursuant to the
direction of the Health Officer or in accordance with the request of the owner,
quarantine all animals that shall have bitten a person so as to have broken the
skin PROVIDED, that the length of such quarantine and the decision to
release such animals from quarantine shall be within the determination and
discretion of the Health Department It is the understanding of the parties that
the Health Officer has the responsibility to monitor animals under quarantine
and the Contractor shall cooperate with the Health Officer in the record keeping
necessary to monitor the keeping of quarantined animals
4 Iniured Animals The Contractor, while on patrol or by request shall pick up
dogs or cats insured on City streets roads parks and alleys The Contractor
shall provide veterinary care for such animals and will make every attempt to
locate the owner If the owner of such animal is unknown or unavailable the
Contractor shall make such disposition of said animal as it deems necessary or
appropriate according to any applicable City County State or other appropriate
regulations Deceased animals shall be removed and disposed by the
Contractor during normal business hours except in cases of emergency as
Bremerton /Kitsap Humane Society
Contract — 2010
addressed in paragraph 10
5 Clearing of Livestock The Contractor, on request shall clear the City streets
and roads of livestock or any other animals at large on said roads and streets
PROVIDED, that nothinq contained herein shall be construed to place
responsibility on the Contractor for the removal of dead livestock or any other
animal from public roads, streets and highways nor from public or private
Property, except as otherwise provided in paragraph 4 above
6 Animals brought to Shelter The Contractor shall accept at no charge dogs
cats, and other small pets brought to the Shelter by their owners or authorized
Persons, PROVIDED, such animals shall have not bitten any person within the
last ten (10) days so as to have broken the skin, PROVIDED FURTHER that
disposition of said animal shall be at the discretion of the Contractor Nothing
herein contained shall be construed to prevent the Contractor from charging for
euthanasia and /or cremation where such services are requested of the
Contractor or deemed necessary
7 Assistance in Prosecution The Contractor shall provide its animal control
officers the necessary courtroom training to present evidence and provide
testimony in the prosecution of all violations of any ORDINANCE or statute
pertaining to animals herein defined The Contractor shall assist all officers of
the City in obtaining and presenting evidence in connection with the
Prosecution of all violations of City ordinances pertaining to animals covered by
this Agreement The Contractor will honor all Bremerton Municipal Court
Subpoenas
8 Licensing of Animals The Contractor shall be responsible for issuing licenses
and collecting the fees therefore for all animals for which a license is required
by City Ordinance, at no cost to the City All moneys collected shall be remitted
to the City on a monthly basis along with the appropriate reports detailing the
licenses issued
9 Routine and Educational Services The Contractor shall provide the following
services of a routine and educational nature to the citizens of Bremerton
A Conduct daily patrols of city streets roads sidewalks and alleyways for
stray, miured or dead domestic animals Such duties shall include kenneling
and care facilities for all City strays including inoculations and flea treatments
B Provide a twenty -four (24) hour lost and found pet information phone line
and develop, if possible a web site with appropriate safeguards to view
animals that have been picked up as stray
C Develop an education program that reaches children and adult groups
Promoting responsible pet ownership
Bremerton /Kitsap Humane Society
Contract — 2010
D Provide subsidized spay and neutering surgery programs for low- income
residents of the City
E At the request of an elderly or disable /infirmed City resident and with the
permission of the property owner, the Contractor will set and retrieve trap(s)
necessary to impound stray or insured domestic dogs and /or cats
F Provide an adoption program that promotes responsible pet ownership
as well as securing the spaying or neutering of animals in order to reduce
population
G Act as a resource facility for court- ordered community service
10 Emergency Services The Contractor shall perform the Scope of Services
listed above during normal business hours of the Contractor, however the
clearing of livestock from roadways, impoundment of insured animals, and
assistance to City law enforcement officers and fire personnel during DUI /DWI
stops, traffic accidents, and structural fires shall be considered an "emergency"
and responded to twenty -four (24) hours a day, 365 days a year All
"emergencies" shall be at the mutual discretion of the Contractor and the
Bremerton Police /Fire personnel Nothing contained herein shall require the
Contractor or its agents to respond after the Contractor's normal business
hours for routine animal complaints, pickups, or patrols
Bremerton /Kitsap Humane Society
Contract — 2010
EXHIBIT B - FEE SCHEDULE
All services detailed within the Scope of Services (Exhibit A) shall be included in the
I menthly - compensation as determined m Section III - Compensation of
the Agreement
In addition, he City shall pay the Seslety- Contractor for costs of impoundment of
animals exceeding thirty ( 301 days due to the Bremerton Municipal Court requiring the
retention of evidence (animals) Such Boarding costs for impoundment beyond _thirty
J30 days shall be limited to
• Small Animals - $16 29 per day, or $114 per week
• Larger Animals (Livestock) - $2172 per day, or $152 04 per week
In the event the Sesiety- Contractor finds it necessary to board the animals at other
shelters for Court ordered impoundment beyond thirty 301 days,. the City shall pay the
SGGveb Contractor for additional expenditures for veterinarian costs including medicine
and lab work which will be billed separately at the Sesfety!s- Contractor's costs The
SesEet�- Contractor shall notify the City on the twenty fifth 1 251 day if it appears Court
ordered impounded animals will be sheltered for over thi 301 days
Bremerton /Kitsap Humane Society
Contract - 2010
Animal Rescue Department
® Kitsap Humane Society g
� r
COMPLAINTS INVESTIGATED AND ANIMALS RECEIVED AT KHS
Bremerton
By Municipality - Summary
From 04/01/2011 to 04/30/2011
City of Bremerton Complaints
Abandoned Animal 1
Animal at Large 5
Animal Bite 1
Attack on Another Animal 4
Disturbing Pedestrians 3
DOA 2
Other 5
Stray Pickup 14
Welfare Check 7
City of Bremerton - Total Calls 42
City of Bremerton Intakes
DOA • Humane Ariunal Owner Euthariast Oiftcei Humane Officer Owner Other Total
ACA impound RCA • ACO Surrender a Request SrUzed Surrzmdered Surrzatter Returns Stray
Dog 7 0 1 1 1 1 3 0 19 0 33
Puppy 0 0 0 0 0 0 1 0 3 0
Cat 7 1 0 2 0 0 1 1 18 0 30
Kitten 0 0 0 0 0 0 0 0 3 0 3
Bird 1 0 0 0 0 0 0 0 0 0 1
Fowl 1 5 0 0 01 01 0 01 01 0 5
Total 1 201 11 11 31 11 11 51 431 01 76
City of Bremerton — Total Intakes 76
Rescue. Rehabilitate. Rehome.
Animal Control Contract Statistics (May 2011)
Revised 2011 Projected KHS "Animal Control" Contract Cost Analysis
K HUMANE SOCIETY Enforcement Services Humane Shelter Services Est. Total E Est. KH$ % Paid by
� rrSAp
Reaeuo • Rehabllltato • Rohamo Average
Total Complaint Patrol Total Est Labor Cost Total Est Vehicle Total Stay Est Shelter Cost Medical $ubsid luridiction
Jurisdiction Contract Complaints Hours Hours Hours Mileage Cost Intakes (days) Cost Cost y
Amount
Kltsap County $ 481,891 2626 5252 208 5460 $ 163,813 69 44867 $ 22,433 74 2948 15 $ 784,274 40 $ 147,420 00 $ 1,117,941 83 $ 636,051 43%
Bremerton $ 204,5581 713 1426 1040 2466 $ 73,970 00 12178 $ 6,08916 887 15 $ 236,008 50 $ 44,362 50 $ 360,430 16 $ 155,872 57%
Port Orchard $ 36,804 150 300 104 404 $ 12,124 21 2564 $ 1,28193 226 151$ 60,049 50 $ 11,287 50 $ 84,743.14 $ 47,939 43%
Bangor $ 15,906 38 75 0 75 $ 2,25105 641 $ 32048 64 15 $ 17,037 30 $ 3,202 50 $ 22,811 33 $ 6,905 70%
Poulsbo $ 26,433 75 150 104 254 $ 1 62211 1282 $ 64096 83 15 $ 22,064 70 $ 4,14750 $ 34,475 27 $ 8,042 77%
Jackson Park $ - 0 0 0 0 $ - 0 0 0 0 $ - $ - -
Bainbrldge Island 1 $ 54,615 150 300 208 508 $ 15,244 21 2564 $ 1,28193 1 135 15 $ 36,029701$ 6,772501 $ 59,328341$ 4,713 1 92%
All Jurisdictions 1 $ 820,207 37521 75041 16641 9168] $ 275,025 27 1 64096 4 $ 32,048201 4344 $ 1,155,464 10 1 $ 217,192501 $ 1 ,679,730 07 1 $859,52307
Projection assumes 38% increase in total call volume, jurisdictional ratios similar to 2010, 2 hrs /complaint, $30 /hr labor rate, $ 50 /mi vehicle cost, $196 admit fee, $5 /day stay cost, $50 /animal medical cost
2011 Percentage of Overall Animal
Control Activity by Jurisdiction 2010 C Data
❑KitsapCounty ❑Bremerton 0 Port O rchard 2010 Summary Animal Rescue Statistics
o Bangor o Poulsbo o Jackson Park Enforcement Services
KITSAP HUMANE SOCIETY
❑ Bainbridge Island Rescue o Rehabilitate v Rehome Total
Total Complaint Patrol
4% 1% 2% Contract Complaints Hours Hours Enforcement
Jurisdiction p
4% Amount Hours
Kitsap County $ 481,891 1874 4771 0 4771
19°l
Bremerton $ 204,558 487 1104 8321 1936
Port Orchard $ 35,495 123 362 0 362
700 /3 Bangor(Forest Cty) $ 15,906 33 745 0 745
Poulsbo $ 25,417 65 165 535 2185
PSNS /Jackson Park $ 25,000 21 465 55 101 5
Bainbridge Island $ 49,500 115 310 1281 438
Total 1 $ 837,767 2718 6833 106851 79015