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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 BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD en Ske-vqr lam � Awv �- ,0xC/-74 _L(l('1 Huv 4�neb ol S-e - W e-r,,4- Soo n - Fe- evL )(0ov ze" M W Y� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL jrA �eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeee■ 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 Page 3 of 13 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 Page 4 of 13 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 i I i i i 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. I i i i I i i 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 I I I I I I I i i ( E I (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 I i i ' • - w - a _ a _ 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 w - w - m 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 OR w w W w 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 i i W W W» 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 I Page 6 of 6 i I - w •. 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 a 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. I I I 1 f I • 0 w w _ 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 OoY Ru101t I Il tSRI! RI i61rR L�76010S�0YL 07411 -6M4 4tSiPMlt M�IIEOUL1p M Rol qp pp� (1llt� _ I 5 ° I R � - I a Ii a II I I 'a I c � Y � Y m U . O Exhibit A - 0 ® Site Plan L ayout, ayout, Phase 2 _ T 257 027 4307 F 257 627 439S W W W SCRAOESIGN COM (1 of 3) - 2106 PACIFIC AVENUE SUITE 300 TACOMA WA 60402 DWt Ra1h0: 10 1 0:7891 W Rirnc X 1-" lSI M \561011 M O4nGS0Wm\yl) = M RK RAT 0061 1111 If C pp I / is o � 4 - r � n M x Exhibit A - _ o A lm Site Plan Layout, Phase 2 / 7 253 6274397 F 253 627 439S WWW BCRADESIGN COM (2 of 3) _ W 2108 PACIFIC AVENUE SUITE 380 TACOMA WA. 48002 t - _ Der Waal 5/10/2011 NOW R1 rft e x 1-M IMM WfiR 0h\CAD%J N`XM 4APMUM WARGMWIMM M n L RX DIM (111171 Of a 1 1 I � z I I I ( 11• � � Z a a � v m I� ► r � � 0 OYOM BAYAVENUE Exhibit A - _ O ® Site Plan Layout, Phase 2 -n y - T 253 827 4387 f 253 827 4395 W W W SCRADESIGN ca4 (3 of 3) 02 _ W 2108 PACIFIC AVENUE SUITE 300 TACOMA, WA. 980 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (oA rrrrrrrrrrrrr■ ■■ rrrrrrrrrerrrrrrrrrrrrrsrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr��rrrrrrrrrrrrr■ 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 , 1. Y" , 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 a ••a. r q ■ ' 3 2 A Public Art Master Plan for Bremerton, Washington �t Executive Sum mary a. S i l t CITY.OF BREMERTQN (IT 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 _ f secti .�` „ . _ J t V�anoaa for PubLe Art a M o ramartan loll � i x ; f V o r �4 4 - Arts Commission x i �Ia 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 l r ., IV Cl Placemaking In Bremerton and Our Neighborhowd Plan CITY OF BREMERTON • .� u 4 T�" 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 0 0 f or I?Hontas PubLe Art 0 -) TD �'C°�o�o�0�, �r: � ; (W D D Arts Commission 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 k O 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 uorssiUIUIOD sliv .znpa�o.zd pug saTI),Tjod 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 JM 4 � x 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 1 4 t . append B � J � (� O l I Y ~ ry 1 i 4 ` 110 = f - I � yaa .� 2 F _ A � D " J 4 erj 4 Arts Commission �" 4 .' �.., = ! 7aq 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 r., 'z, t � 4 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: d.Same day deg bites. (unpreyeked) answeFing service eF Gen Gem-.) C`ew.wl... n�M -+Il n�.4. r�.�...w.�n and �.�... -F �..rl i. ....F.. .. L.. .�L- .�L -t ntw�i g r i -- - 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