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HomeMy WebLinkAbout07/20/2011 AGENDA l 63 609© OD J CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** JULY 20, 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 — July 6, 2011 C Minutes of Study Session — July 13, 2011 D Resolution No 3149 establishing September 7, 2011 as a Hearing Date to vacate portions of alleys between Hewitt & Veneta Avenues and 0 & 5 Streets (as part of the redevelopment of Kiwanis Park) E Construction Contract with STAN PALMER CONSTRUCTION for Sewage Pump Station CE -1 Upgrade Project F Goods & Services Contract with Pump TECH, INC for Pumping Equipment Procurement for the Sewage Pump Station CE -1 Upgrade Project G Professional Services Agreement with BREMERTON DEFENDERS for Legal Representation for Indigent Persons H Public Works Agreement With DAHL CONSTRUCTION COMPANY, INC for electrical Utilities trenching work for the Park Avenue Plaza Phase II Project 6 GENERAL BUSINESS A Puget Sound Energy (PSE) Facility Relocation Agreement (Park Avenue between 4 t ' & Burwell Streets) and Site Easement Agreement for the Park Avenue Plaza Phase H Project B Professional Services Agreement with Lorax Partners, LLC for design, management, and construction oversight for Park Avenue Plaza Phase II -A Project C Professional Services Agreement with Lorax Partners, LLC for design, management, and construction oversight for Park Avenue Plaza Phase II -B Project D Amendment to the License Agreement with Bremerton Farmer's Market for use of a portion of the Louis Mentor Boardwalk 7 COUNCIL MEMBER REPORTS 8 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting AGENDA BILL 61 CITY OF BREMERTON CITY COUNCIL •■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeese ••eeeoeeeeeeeeeeeeeeeeeeeeee.ei SUBJECT- Claims & Check Register Study Session Date COUNCIL MEETING Date July 20, 2011 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 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 #'s 343897 through 344166 and EFT's 11031 through 11068 in the amount of $2,340,247 20 2) Regular Payroll for the pay period ending July 15, 2011 in the amount of $741,680 68 STUDY SESSION ACTION: ® Conqent A end ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ts 13 ■■ rrreeerrrrrrererreeeerrrrrrrrrrerrererrrrrrrerreeerrereeeerrrrreerreeerreeerrreererre� SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date Q o20 Department City Ccfuncil „y 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 Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES July 6, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, July 6, 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, Cecil McConnell, and Jim McDonald City Attorney Roger Lubovich, City Clerk Carol Etgen, and Council Assistant Christine Grenler were present to provide staff support 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 Reverend David Malcom Jr. of Ebenezer African Methodist Episcopal Church MAYOR'S REPORT — Mayor Lent • Presented a Mayor's Appreciation Award to Amy Burnett for her role in the Bremerton arts community for the last 20 years, • Provided Mayor's Appreciation Awards to Hank Keaton and Barbara Mascarin of American Financial Solutions for community involvement through the Washington Asset Building Coalition • Reported on the Red Cross Life Cycle event she participated in last month which raised over $5,000, • Introduced Linda Streissguth Executive Director for Puget Sound Energy (PSE), who discussed the "Re- Energize" program to help residents recycle older appliances and to improve efficient lighting, and welcomed Cathy Curry who announced the annual "Rock the Bulb" incandescent light bulb recycling event to be held next weekend at the Bremerton Good Will store, • Provided tickets to meeting attendees and Council Members for the USGA Junior Amateur Golf Championships to be held from July 18 to 23 at Gold Mountain Golf Course, and • Invited Jerry McDonald to report on "What's Happening in Bremerton" for the summer months including Music on the Boardwalk, Movies on the Roof, Summer Brewfest, Concerts in the Park, Wine Festival, Blackberry Festival, and Kitsap 9/11 Memorial Ground Breaking Ceremony PUBLIC RECOGNITION Mike Walton Kitsap Family YMCA Marketing Director, provided a list of activities taking place this month including Military Date Night, Teen Late Night, Splash & Jam, and Youth Summer Program, announced that tomorrow night will include the swimming portion of the West Sound Senior Games at the Jarstad Pool, and encouraged people to send in YMCA stories which will be shared on September 17 for the YMCA's Centennial Celebration and Community Day Raven Rayne Windermere Real Estate, invited people to attend a "Cause for Hope" event next Tuesday at 600 Park Avenue from 6 00 to 8 00 PM Colleen Smidt Naval Avenue Neighborhood Association, thanked members of the Police Department and Public Works Department for helping their neighborhood paint 3 of 4 crosswalks to make the school zone much safer for the children Russ Sargent Harborside Condominiums, discussed various properties hit by graffiti recently City Council Meeting Minutes Wednesday, July 6, 2011 Page 2 of 5 CONSENT AGENDA A Check Numbers 343647 through 343896, and EFT -10976 through EFT -11030 in the amount of $3,565,943 35, Regular Payroll for the pay period ending June 15, 2011 in the amount of $740,687 59, Regular Payroll for the pay period ending June 30, 2011 in the amount of $750,857 32, and Retiree Payroll for the pay period ending June 30, 2011 in the amount of $78,395 96 B Minutes of Meeting — June 15, 2011 C Minutes of Study Session — June 22, 2011 D Minutes of Special Meeting — June 29, 2011 E Appointment of Wayne Olsen to the Civil Service Commission F Interlocal Agreement between the City of Bremerton and Jefferson County G Intergovernmental Agreement Extension with City of Shelton for interim traffic signal repair and maintenance H Final Payment to the Port of Bremerton for Water System Acquisition I BKAT Service Contract Extension with the City Bainbridge Island J Ordinance No 5152 relating to the Parking Bond Debt Service 06 10 24 M /S /C /U (Runyon/Wheeler) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING 6A — APPROVAL OF LOCAL SOLICITATION 2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) APPLICATION Police Captain James Burchett summarized that the Bremerton Police Department is applying for the local solicitation of the Edward Byrne Memorial Justice Assistance Grant (JAG) In 2010, funding was reduced for the Community Resources Unit The 2011 JAG will be used for the same purpose This grant will allow the City of Bremerton to continue to sustain the Community Resource Unit and its crime prevention function and help our enhanced policing initiative in years 2011 and 2012 The grant is from the Department of Justice, and no matching funds are required of the City The total grant amount is $37,724 and the duration is through September 2012 President Maupin opened the Public Hearing With no comments from the public, he then closed the Public Hearing 06.13.06 Motion to approve the JAG application was made by Wheeler, and seconded by Runyon Discussion was then opened to the Council for their questions and comments Jim McDonald emphasized that this grant partially funds the Community Resource Officer position which is vital to the City Dianne Robinson also supported the grant since funding would go towards the Block Watch Program 06:14:55 M /S /C /U (Wheeler /Runyon) Move to approve the 2011 Justice Assistance Grant Application and the grant when awarded, and further authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented City Council Meeting Minutes Wednesday, July 6, 2011 Page 3 of 5 GENERAL BUSINESS 7A- C-C-11NITRACT AWARD TO PACIFIC RAOR111 FSTRIICT11RFS lNG.FQRGMIMIWC QNSTRI ICT40N OF AMOD111 AR BUI 111A1r! AT IAA AVCTCD RAY AIIFNI1C Item pulled 713 — ORDINANCE NO 5153 AMENDING ORDINANCE NO. 5133 RELATING TO THE CITY OF BREMERTON 2011 FISCAL YEAR BUDGET Becky Hasart Finance Director, explained that each year during June /July, the City assesses its current fiscal year budget for any needed adjustments Adjustments tend to be needed for the following reasons to adjust the estimated beginning fund balances to actual, to account for subsequent unanticipated /unexpected conditions, to adjust for various reasons for the current proposed budget adjustment There were no comments from the public 06.19:55 Motion to approve budget amendment was made by Wofford, seconded by Arends Discussion was then opened to the Council for their questions and comments Nick Wofford stated that as Chair of the Finance Committee, they received a detailed presentation, and recommend approval of the adjustments Cecil McConnell asked for clarification on why the total adjustment amount was so high Ms. Hasart reiterated that changes included the accumulated leave liabilities and truing up the beginning fund balances of certain funds Roy Runyon asked for more information on the changes to the Streets Department funding Ms. Hasart answered that the usual transfer would not occur due to a GAAP correction and that the backfilling of $170,000 would come from cost savings in the Street Fund and moneys from the General Fund, instead of the previous practice of transferring from the Parking Fund 06:23 M /S /C (Wofford /Arends) Move to approve Ordinance No 5153 amending Ordinance No 5033 relating to the City of Bremerton Fiscal Year 2011 Budget Voted for Motion Brockus, Runyon, Wheeler, Robinson, Arends, Wofford, McDonald, Maupin Voted against Motion McConnell Motion carried 8 -Yes, 1 -No 7C — APPOINTMENTS TO THE PRO AND CON COMMITTEES FOR THE COUNCIL - REDUCTION BALLOT MEASURE Roger Lubovich City Attorney, pointed out that the City Council is required to formally appoint Committees to write statements "For" and "Against' General Election Ballot Measures A ballot measure to reduce the size of the City Council from nine Council Members to seven Council Members, and to make other related changes will be placed on the November 8, 2011 General Election Each Committee may have up to three members however a Committee may seek the advice of any person in preparing their statement(s) Jane Rebelowski asked why only one person was being appointed to serve on the "Con /Against" Committee President Maupin explained that only one volunteer came forward 06:26:42 M /S /C /U (Brockus /Runyon) Move to appoint Colleen Smidt, David Hayford, and Vern LaPrath to the Committee for writing the statement "For" the reduction of the City Council from nine Council Members to seven Council Members ballot measure 06 27 30 M /S /C /U (McConnell /Runyon) Move to appoint Jack Arends to the Committee for writing the statement "Against' the reduction of the City Council from nine Council Members to seven Council Members ballot measure City Council Meeting Minutes Wednesday, July 6, 2011 Page 4 of 5 7D — MEMORANDUM OF UNDERSTANDING WITH KITSAP 9/11 MEMORIAL COMMITTEE TO OUTLINE A PROCESS FOR RECEIVING PUBLIC INPUT ON THE DESIGN, AND TO ADDRESS THE CONCERNS AND INPUT FROM THE BREMERTON PARKS & RECREATION COMMISSION Wyn Birkenthal Parks & Recreation Director, stated that the Memorandum of Understanding (MOU) between the City and the Kitsap 9/11 Memorial Committee outlines a process to refine the design concept while incorporating Park Board and citizen comments Dave Fergus Rice Fergus Miller, further explained that there has been an amazing amount of public input offering suggestions, questions, and concerns He looked forward to bringing this project forward with this feedback in mind during the design process Comments provided in favor of the Memorial at Evergreen Park and the MOU Don Stauff owner of Boston's Deli & Pizza, David Raymond Todd Best Margorie Tarbrun Donald Smithhissler Russ Porterfield and Sandi Reed Comments provided against the Memorial at Evergreen Park and the MOU: Raven Rayne Jane Rebelowski and Gabriel Lee Public comments were closed Dave Fergus addressed specific comments made about the scale of the memorial and clarified that there is no intention of taking over Evergreen Rotary Park He further explained that plans are being developed to place boundaries around the memorial 06:56:53 Motion to approve the memorandum of understanding was made by McDonald, and seconded by McConnell Discussion was then opened to the Council for their questions and comments Jim McDonald who also sits on the Kitsap 9/11 Memorial Committee, further explained that the committee has invested considerable time in determining the location and initial design, and believed that the MOU will allow a public comment component for the design of the memorial Adam Brockus asked if the City would consider other sites like Gateway Park Mr. Birkenthal responded that the Parks & Recreation Board recommended placement of the memorial at Evergreen Rotary Park, and that Council already approved the location by resolution last year Gateway Park is actually far smaller than Evergreen Rotary Park, and would be less than personal as a drive- through park which would not be the intent of the memorial Will Maupin clarified that the decision before the Council tonight is to agree that the 9/11 Memorial Committee needs a process to take comment for the design phase of the project He emphasized that the Memorial is appropriate for educational purposes, and would also be a draw for tourism He pointed out that this public- private partnership is unprecedented, and understands that there are still many questions that need to be answered 07 14.42 M /S /C /U (McDonald /McConnell) Move to approve the Memorandum of Understanding (MOU) with the Kitsap 9/11 Memorial Committee outlining a design process for the refinement and approval of a Memorial to be located in Evergreen Rotary Park, and authorize the Mayor to execute the Memorandum of Understanding in substantially the same form City Council Meeting Minutes Wednesday, July 6, 2011 Page 5 of 5 COUNCIL MEMBER REPORTS Jim McDonald reported on several upcoming fundraising events for the 9/11 Memorial, and enjoyed watching the Sinclair Inlet Fireworks Show on July 4th Cecil McConnell commented on the neighborhood fireworks displays Adam Brockus also commented on the fireworks, announced that the Manette Bridge closure will begin on Sunday, July 24, and encouraged people to patronize businesses since there will a considerable impact by the bridge closure Roy Runyon announced new businesses Game Wizard and Blue Sky Hobbies both at 603 4 1h Street and thanked the property owner for making mayor renovations to the building Greg Wheeler encouraged people to attend a Kitsap Blue Jackets baseball game this summer, and Movies on the Roof next week Carol Arends also watched some impressive fireworks displays Nick Wofford announced that the next Kitsap Pumas game will be on July 91h Will Maupin reported on the Puget Sound Regional Council (PSRC) Growth Management Policy Board meeting he recently attended where a lively discussion took place about the Seattle Tunnel replacing the Viaduct, and commented on the professional -level firework displays in his neighborhood President Maupin announced that a Special Meeting of the Bremerton Transportation Benefit District Board (TBD) would be held after the Council Meeting following a brief recess, and that this meeting is also open to the public With no further business, the Council Meeting was adjourned at 7 23 PM Prepared and Submitted by CHRISTINE GREIRIER Council Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6 5 C ■■ eeeseeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeoeeoeeeeeesesoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee� SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date / TtyA 0 10 ado // t�.� 1 oZ 0 Department C uncii 3� 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 Ai3enda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny E Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES July 13, 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, July 13, 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, 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, and will be placed on the July 20, 2011 Council Meeting Agenda unless otherwise stated 1 Resolution establishing September 7, 2011 as a Hearing Date to vacate portions of alleys between Hewitt & Veneta Avenues and 4 th & 5 th Streets (as part of the redevelopment of Kiwanis Park) — Gunnar Fridriksson, Civil Engineer, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair 2 Construction Contract with STAN PALMER CONSTRUCTION for Sewage Pump Station CE -1 Upgrade Project — Ned Lever, Project Manager, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair 3 Goods & Services Contract with PUMP TECH, INC for Pumping Equipment Procurement for the Sewage Pump Station CE -1 Upgrade Project — Ned Lever, Project Manager, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair 4 Postponed until July 27 B FULL DISCUSSION ITEMS 5 Professional Services Agreement with BREMERTON DEFENDERS for Legal Representation for Indigent Persons — Carol Etgen, City Clerk, and Jim McDonald, Public Safety and Parks Committee Chair 6 Public Works Agreement with DAHL CONSTRUCTION COMPANY, INC for electrical utilities trenching work for the Park Avenue Plaza Phase II Project — Gary Sexton, Executive Department, Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair 7 Puget Sound Energy (PSE) Facility Relocation Agreement (Park Avenue between 4 th & Burwell Streets) and Site Easement Agreement for the Park Avenue Plaza Phase II Project — Gary Sexton, Executive Department, Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair 8 Professional Services Agreement with Lorax Partners, LLC for design, management, and construction oversight for Park Avenue Plaza Phase II -A — Gary Sexton, Executive Department, Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair City Council Study Session Minutes Wednesday, July 13, 2011 Page 2 of 2 9 Professional Services Agreement with Lorax Partners, LLC for design, management, and construction oversight for Park Avenue Plaza Phase II -B — Gary Sexton, Executive Department, Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair C GENERAL COUNCIL BUSINESS Council Committee Chair reports were provided, and General Council Business was discussed President Maupin adjourned the Study Session at 7 25 PM Prepared and Submitted by L I ITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM CE Is cg s y AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D ■ eeeeeeeeseeeeeeeeaeeeeeeeseaeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT- Resolution 3!44 Establish Study Session Date July 13, 2011 September 7, 2011 as a Hearing Date to COUNCIL MEETING Date July 20, 2011 vacate portions of alleys between Hewitt and Department PW &U Engineering Veneta Avenues and 4 th and 5 th Streets Presenter Gunnar Fndrnksson Phone 473 -2354 SUMMARY: In review of the legal documentation of the Kiwanis Park property for redevelopment of the park, the City of Bremerton found that a portion of the park was constructed over an undeveloped alley An existing 14 foot alley was reserved as an easement over the park property The City has initiated the vacation and dedication to clarify the property usage This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code on the proposed ordinance vacating the subject property In accordance with BMC 1120 080(d), no compensation is required ATTACHMENTS: 1 Resolution No 3M , 2 Exhibit Drawing, and 4 Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR w- CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to pass Resolution No 31 e to Establish September 7, 2011 as a Hearing Date to vacate portions of alleys between Hewitt and Veneta Avenues and 4 th and 5 th Streets STUDY SESSION ACTION: XCon n e ❑ General Business E] Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 RESOLUTION NO. 3► q A RESOLUTION of the City Council of the City of Bremerton, Washington, establishing a hearing date for the proposed vacation of portions of alleys between Hewitt and Veneta Avenues and 4 and 5 Streets WHEREAS, the City of Bremerton has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 1120 080 as part of the redevelopment of Kiwams Park, NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. A public hearing will be held on September 7, 2011 at 5 30 p in or later in the City Council Chambers at the Norm Dicks Government Center, First Floor, 345 Sixth Street, Bremerton, Washington, to take public comment or consider written objections to the vacation SECTION 2. Severabzlrty 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 3. ff ective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk 1 Kiwanis Park Alley Vacation — Resolution ! w; s:. r • Y`t a���t � e�� ' �r... I � � EI � -� ��:..'•. . �., ��'� •V a ,�� � t "_ q '�� 3r � �j,S�d'. FBI VAC To ATffD Ar All A are t V 3at�aiY 'r+ip� .� ri'�w �( ' w rll �g �' =`�� �. "- .�:+'�Sx�ii _ ♦ � ,*'�&,•;� >; — ;w+ � ci.. • + '� SL i. �''.0 r ri M&RA STREET VACATION AND DEDICATION PORTIONS OF ALLEYS BETWEEN HEWITTNENETA AVENUES AND 4 T " / STREETS ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: September 7, 2011 PREPARED BY: Gunnar Fndnksson SUMMARY A Applicant City of Bremerton 3456 th Street, Suite 600 Bremerton, WA 98337 Location Vacation - Portion of alley lying within City ownership, Block 2 of the Plat of Peter Hesser's First Addition to the City of Bremerton Dedication —Alley running north -south between 4 th /5 Streets over the west 14 feet of Lots 10 and 31, Block 4 of the plat of William Bremer's First Addition to the Cities of Bremerton and Charleston BACKGROUND In review of the legal documentation of the Kiwanis Park property for redevelopment of the park, the City of Bremerton found that a portion of the park was constructed over an undeveloped alley And an existing 14 foot alley was reserved as an easement over the park property The City of Bremerton initiated the vacation /dedication to clarify the property usage This means incorporating the undeveloped alley into the park and properly dedicating the existing alley and easement from the park property and turning it into right of way RIGHT -OF -WAY CONDITIONS EXISTING ALLEY UNDEVELOPED ALLEY • Functional Classification Alley Alley • R -O -W Width 14 feet 14 feet • R -O -W Areas 3,080 sq ft N/A — used as park • Pavement Width 14 feet N/A • Surface Type Concrete N/A • Curb and Gutter None N/A • Sidewalks None N/A March 2010 Alley vacation and dedication — Kiwanis Park Page 1 of 5 I HEARING CONSIDERATIONS BMC 1120 120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing These issues and the staff position are 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position The undeveloped alley has been incorporated and used as part of the park property for at least the last 50 years The public is served by use of the existing developed alley on the west side of the park 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position The proposed vacation does not conflict with the Comprehensive Plan 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position N/A — current maintenance is by Parks Department as such 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position No other thoroughfare would improve circulation in this area 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position There is no anticipated future public transportation needs 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position The City of Bremerton owns all adjacent property to this vacation request SHORELINE ACCESS This portion of right -of -way does not provide shoreline access March 2010 Alley vacation and dedication — Kiwanis Park Page 2 of 5 UTILITIES All private utility companies have been contacted (None have infrastructure in the area of the alley vacation, as does the City, so no easements are required SQ.DGrFIC ENCV OF MGMATURES Not Applicable - The City initiated the vacation COMPENSATION Not Applicable - The City initiated the vacation STAFF REC®MR4r ENDATM City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal Staff recommends that this Street Vacation be approved as requested and that the existing easement be properly dedicated as Right -of -Way i i o b e o - on o ,, ' dv / I _ Vacation - Looking southerly from 5 Street down alley toward 4 Street Note retaining wall March 2010 Alley vacation and dedication — Kiwanis Park Page 3 of 5 L C - r f Vacation - Close 'up of retainin wall - on — n - 8 n north side 4 Street r - i I s 7� 5 � Fy �1 �� ��• � atw A1' f418 w . �` 7 M- .,. a r s N`tiTn- w�w�r� +d'�. a "� `° ° ��i' °'°'� :.- Q�a`��` � y '' x °rods a °v q ,p o�omt � '�3o a.md eiT� A� as �r Yo 4� p � a-'r �,a r fy �' c ,� r � a .} t �ti�t � h �ti",��,' �� ndh Vacation - Looking east down alley towards Veneta Avenue March 2010 Alley vacation and dedication — Kiwanis Park Page 4 of 5 i 1 � i 11 e � - r �` !� -„,.a T�. -�.. ,�...� _ �. _ �..s.mi- E+--�. _,.• } �`t�`v�9".+ + nE am X01 �� and a ". V q e p 33 w �p s C� �'"�' � v `� °t :��'t; - Ln y �'^ � w� - c {,�a'B ✓ ° .a1a r 'r '� ���.. sj °�' `" °L "� s c y r s+.. Dedication — Looking south towards 4 Street from 5 th Street March 2010 Alley vacation and dedication — Kiwanis Park Page 5 of 5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL N5C ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Sewage Pump Station CE -1 Study Session Date July 13, 2011 Upgrade COUNCIL MEETING Date July 20, 2011 C Centme — W ltti Department PW & U y}o�n Palrn�" �hs��,��n Presenter Ned Lever/ Vince Akhimie Phone 473 -2398 SUMMARY: This is a construction contract to upgrade Sewage Pump Station CE -1, including demolition of existing pumps and piping, installation of pre - purchased pumps, valves, fittings, piping, flowmeter, and vault The engineer's estimate for this contract is $500,000 There were six bids Stan Palmer Construction was the lowest responsible, responsive bidder in the amount of $542,457 00 (including sales tax) ATTACHMENTS: 1 Council Summary, 2 Agreement, and 3 Bid Tabulation FISCAL IMPACTS This project is included in the 2011 Budget and is fully funded by wastewater rates APPROVALS: DEPARTMENT DIRECTOR w — CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the bid for Sewage Pump Station CE -1 Upgrade and authorize the Mayor to finalize and execute the agreement with Stan Palmer Construction in the amount of $542,457 00 (including sales tax) with substantially the same terms and conditions as presented STUDY SESSION ACTION. X Co nt e ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY Sewage Pump Station CE -1 Upgrade Background The City is performing upgrades to Sewage Pump Station CE -1 in 2011 This is the City's largest pump station and pumps all wastewater from East Bremerton to the Westside Wastewater Treatment Plant The pump station was constructed in 1984 and some of the equipment requires replacement The work is being delivered under several contracts to meet schedule demands and to reduce total project cost, this contract will construct essential upgrades to the pump station Other construction includes modifying two large sluice gates in the wet well, which will be done by City crews prior to this work Pumping equipment will be procured under a separate contract Variable frequency drives (VFDs) to support the new pumping equipment will be purchased separately and installed by City forces Contract Summary The WORK to be completed under this contract consists of demolition of existing pumps, motors, shafts, pump bases, piping, valves, fittings, and other appurtenances, installation and startup of new pre - purchased pumps, piping and fittings, electrical components, installation of outside gate valves and owner - supplied flowmeter, and replacement of existing gate valves with new motor - actuated valves The pumps being installed under this contract are being pre - purchased by the City under the contract titled Sewage Pump Station CE -1 Upgrade — Pumping Equipment Procurement, which is scheduled for approval at the June 20 Council meeting Fiscal Summary The 2011 Capital budget includes $1 M for pump station upgrades, this project is identified as $600,000 in that budget line -item The current estimate for this project is nearly $800,000 as presented in the table below A $200,000 project is included in the Capital budget which will not be completed in 2011, the funds for that project will be used to fund the cost over -run for the CE -1 upgrade All work is funded by wastewater rates Cost Item Budgeted ($) Estimated Cost ($) Construction $520,000 $722,000 Engineering Staff (Design and $60,000 $50,000 Construction Management) Consultant $20,000 $5,000 E` i" '-,, ' F :, r,' d ,,. = 7 .+� - r� r^ x, - "s TOTAL` � < a = �, 'x$600 °000%= r4 ,$777 000`,. ez ,.`.2'N,t eG a ei yai 1iv *.iy' e` °• Sewage Pump Station CE -1 Upgrade Council Summary As seen from the table, the increase has been due to the cost of construction The cost is more than originally budgeted for two reasons 1) The installation cost is more than originally anticipated, and 2) Enhancements were incorporated into the design to improve the ability of staff to operate the station The additional items include a mechanical trolley system for removing pumps, actuators for the gate valves, and expanded piping modifications Also, new variable frequency drives (VFDs) were added to the upgrade at a cost of approximately $35,000 These VFD's were required due to the pump selection that increased pumping capacity by approximately 40% Sewage Pump Station CE -1 Upgrade Council Summary AGREEMENT SECTION 00500 THIS AGREEMENT is dated the day of in the year 2011 by and between City of Bremerton (hereinafter called OWNER) and (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows ARTICLE 1 WORK CONTRACTOR shall complete the WORK as specified or Indicated in the OWNER's Contract Documents entitled Sewage Pump Station CE -1 Upgrade ARTICLE 2 CONTRACT TIMES Substantial Completion for the WORK must be achieved not later than 180 calendar days from the date of Notice to Proceed Final Completion and Acceptance of the Work must be achieved not later than 30 calendar days after Substantial Completion ARTICLE 3 LIQUIDATED DAMAGES OWNER and the CONTRACTOR recognize that time is of the essence of this Agreement and that the OWNER will suffer financial loss if the WORK is not completed within the time specified in Article 2 herein, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions and Supplementary Conditions They also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by the OWNER if the WORK is not completed on time Accordingly, Instead of requiring any such proof, the OWNER and the CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) the CONTRACTOR shall pay the OWNER $1000 for each day that expires after the time specified in Article 2 ARTICLE 4 CONTRACT PRICE OWNER shall pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in current funds the amount set forth in the Bid Schedule(s) (Contractor Initials) AGREEMENT SEWAGE PUMP STATION CE -1 UPGRADE 00500 -1 JUNE 2011 ARTICLE 5 PAYMENT PROCEDURES CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions Applications for Payment will be processed by ENGINEER as provided in the General Conditions ARTICLE 6 CONTRACT DOCUMENTS The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the WORK consist of this Agreement (Section 00500) and the following attachments to this Agreement • Notice Inviting Bids (Section 00030) • Instructions to Bidders (Section 00100) • Bid Forms including the Bid, Bid Schedule(s), Information Required of Bidder, Bid Bond, and all required certificates and affidavits (Section 00300) • Performance Bond (Section 00610) • Payment Bond (Section 00620) • General Conditions (Section 00700) • Supplementary General Conditions (Section 00800) • Technical Specifications as listed in the Table of Contents, including appendices • Drawings as listed in the List of Drawings • Addenda numbers to , inclusive • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto There are no Contract Documents other than those listed in this Article 6 The Contract Documents may only be amended by Change Order as provided in Paragraph 3 04 of the General Conditions ARTICLE 7 INDEMNIFICATION The CONTRACTOR and OWNER acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4 24 115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW The CONTRACTOR and OWNER acknowledge and agree to the requirements for indemnification in Section 00800 SC -6 20 The provisions of this article shall survive the termination or expiration of this agreement (Contractor Initials) AGREEMENT SEWAGE PUMP STATION CE -1 UPGRADE 00500 -2 JUNE 2011 ARTICLE 8 SUSPENSION OF WORK AND TERMINATION The Contractor agrees to the right of the OWNER to suspend work or terminate this agreement as indicated in Article 15 of Section 00700 (Standard General Conditions) and Section 00800 (Supplementary Conditions) ARTICLE 9 ASSIGNMENT No assignment by a party hereto of any rights under or Interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents The OWNER, in Its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and /or responsibilities under the Agreement, except with regards to an assignment of funds for security purposes In the case of an assignment for security purposes the OWNER may condition Its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained In the Contract Documents IN WITNESS WHEREOF, OWNER and CONTRACTOR have caused this Agreement to be executed the day and year first above written OWNER City of Bremerton CONTRACTOR By By [CORPORATE SEAL] Attest Attest Address forgiving notices Address for giving notices License No Approved as to Form Agent for service of process (Signature) (Title) AGREEMENT SEWAGE PUMP STATION CE -1 UPGRADE 00500 -3 JUNE 2011 CITY OF BREMERTON BID TABULATION BID TITLE Sewage Pump S CE -1 Upg rade OPENED BY DATE OPENED July 6, 2011 TIME OPENED 100 p m RECORDED BY ��4O NAME OF BIDDER BOND BASE BID SALES TAX TOTAL ,/ s dal 5� SUMMARY TOTAL BID COMMENTS PARENT - LTQW BIDDER !�p � SECOND L BIDDER rtv V- G�o,x c 5�a a 3 D THIRD L BIDDER n � r�� joys ENGINEER ESTIMATE (INC SALES TAX) $/ AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Sewage Pump Station CE -1 Study Session Date July 13, 2011 Upgrade — Pumping Equipment COUNCIL MEETING Date July 20, 2011 Procurement Department PW & U Presenter Ned Lever/ Vince Akhimie Phone 473 -2398 SUMMARY: This is a goods and service contract to supply and test two (2) electrical dry-pit submersible pumps for the Sewage Pump Station CE -1 Upgrade project scheduled for construction in 2011 The City received three bids Whitney Equipment Company submitted the highest bid and PumpTech Inc submitted the two lowest for the same pump model with different capacities The lowest Pump Tech bid will provide a pump that meets the specified pump capacity at a cost of $89,613 46 (including sales tax) The second lowest bid will provide a pump that exceeds the specified capacity by 40% at a cost of $92,633 77 (including sales tax) Selecting the second lowest bid will also result in the need to upgrade the existing Variable Frequency Drives (VFD's) Based on initial quotes from vendors, the estimated cost of the VFDs will not exceed $35,000 Staff recommends selection of the second lowest bid at a cost of $92,633 77 (including sales tax) and the purchase of larger VFD's at a cost not to exceed $35,000 00 ATTACHMENTS: Council Summary, Pump Bid Tab, VFD Quotes FISCAL IMPACTS $600,000 has been budgeted in 2011 for upgrading Sewage Pump Station CE- 1 This project is fully funded and covered by wastewater utility rates APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION - Move to approve the purchase of pumps with PumpTech Inc in the amount of $92,366 77 and additionally approve the purchase of VFD's from Wesco in an amount not to exceed $35,000 and authorize the Mayor to execute and approve agreements for these purchases with substantially to same terms and conditions as presented STUDY SESSION ACTION: Conse t Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ able ❑ Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY Sewage Pump Station CE -1 — Pumping Equipment Procurement Background The City is performing upgrades to Sewage Pump Station CE -1 in 2011 This is the City's largest and most critical pump station since it conveys all the sewage from East Bremerton and the Warren Avenue Basin to the Westside Wastewater Treatment Plant Construction will consist of installing two new pumps, electric motor- actuated gate valves, sluice gates in the wet well, a bypass port with isolation valves, and a flowmeter with a flowmeter vault This current contract is an equipment procurement contract for purchasing the two new pumps and the associated purchase of new Variable Frequency Drives (VFDs) Procurement Contract Summary The procurement contract consists of supplying and testing two (2) dry-pit submersible pumps rated at 139 Hp These types of pumps can have a very long procurement lead time (up to 12 weeks) therefore the pumps are being pre - purchased to minimize delays to the pump installation contractor Puma Selection from Bidding Process Bids were opened on June 14, 2011 The City received three bids as can be seen on the attached bid tab PumpTech was both the low bidder and second lowest bidder The pumps were of the same make and model but had different pumping capacities The lowest bid pump meets the specified pumping capacity (1,500 gpm) and the second lowest bid pump has a pumping capacity which is 40% higher (2,100 gpm) City Engineering and Wastewater Treatment Plant (WWTP) staff met to discuss the merits of the two pumps and concluded that the second lowest bid pump would be a superior choice for the city since it would significantly increase the low end pump station capacity The low end capacity is the flow rate which, when exceeded, requires one of the larger 5,000 gpm pumps to be called into service Reducing the use of the larger pumps will result in better overall energy efficiency and potentially reduce the need to operate the Eastside Treatment Plant, since CE -1 will respond to increased system flows much quicker The selection of this larger pump requires replacement of the two existing VFDs Two quotes from vendors were received Wesco quoted $34,446 92 for two Siemens VFD's in cabinets and Northcoast Electric quoted $36,899 95 for two Allen Bradley VFD's in cabinets Staff recommends purchase of the Siemens VFD's from Wesco. The additional cost to upgrade the VFDs is offset by the low pump pricing and there is a significant benefit realized with increased low end pump station capacity Purchase and installation of the new VFDs will be done by City WWTP staff The City Attorney's office has reviewed the consideration of taking the second lowest bid from the same supplier and considers this acceptable Therefore staff recommends proceeding with selection of the second lowest bid Fiscal Summary The work to be performed under the contract is fully funded and will be paid for by wastewater rates It is budgeted for 2011 The overall budget for CE -1 upgrades for 2011 is $600,000 Sewage Pump Station CE -1 Upgrade — Pumping Equipment Procurement Page 1 of Council Summary CITY OF BREMERTON BID TABULATION BID TITLE Sewage Pump Station CE -1 - Pumping OPENED BY Equipment Procurement c,L DATE OPENED 6/14!2011 TIME OPENED 1 00 p m RECORDED BY NAME OF BIDDER BOND BASE BID SALES TAX TOTAL SUMMARY TOTAL BID COMMEN _ APPARENT LOW BIDDER SECOND EOW SIDDE m THIRD LOW BID R ENGINEER ESTIMATE (INC SALES TAX) $ i 1NESCO" 2233 SIXTH AVE S Cescede Controls (206)292 -4141 SEATTLE WA 981342001 Quotation UNLESS THERE ARE DtWEREN T OR ADDITIONAL TERMS AND CONDITIONS CONTAINED IN A MASTER AGREEMENT THAT MODIFY VIIESWS STANDARD TERMS, BUYER AGREES THAT THIS QUOTE AND ANY RESULTING PURCHASE ORDER WLL BE GOVERNED BY WIMC0'S TERMS AND CONDITINONS DATED 011107 AVAILABLE AT HTTPJNWMV4E= ( AND COtRXnOb S OF SALEPDF, V"CHTERMS ARE INCORPORATED HEREIN BY REFERENCE AND MADE PART HEREOF PLEASE CONTACT THE SELLER IDENTIFIED ON THIS QUOTE IF YOU REQUIRE A PRINTED COPY r CITY OF BREMERTON Date 06/20/11 1600 OYSTER BAY AVE Branch 6101 BREMERTON WA 98312 Project Number * ` QUOTE *' Project Name 360- 473 -5400 Quoted To Date of Your 06/20/11 Inquiry When orderi please refer to Quotation Number 093461 Rem Quantity Catalog Number and Description Unit Price U/M Total Price Cash of Shipping Time Discount () 1 2 SIEA *DRIVE PANEL *EA +150HP 480V 15$68 750 E 31737 501 0 00 N12 ENCLOSED DRIVE TOTAL 31737 500 FOB Point of Shipment The prices stated in this offer shall, unless renvoed, automatically expire fifteen days (15) from the date of this offer �� X 27 2 4 Z Per NORTH 9 COAST ELECTR IC COMPANY Quotation 239 Bruenn Ave BREMERTON WA 98312 -3107 06/17/11 54026364 360 - 479 -5425 Fax 360 -479 -8470 ORDER TO FACa1 No 117 NORTH COAST ELECTRIC 239 Btuenn Ave BREMERTON WA 98 12 -3107 1 04 1 360 - 479 -5425 Fax 360- 479 -8470 QUOTE TO SHIP TO CITY OF BREMERTON -WWTP CITY OF BREMERTON -WWTP 1600 OYSTER BAY AVE SO 1600 OYSTER BAY AVE S BREMERTON, WA 98312 -3442 BREMERTON, WA 98312 -4735 !�. ��f'�iM� tSRr BE3t BER SAAt�SP� 2067 BPO 30448 Lito Bocane ra ` 3�Tt �� �t�A l'Eltt�S• , • , #R£iS�f'€ ALE,(7Siffl Ray Russell BID Net No E)R{)ER i�'#Y l)ESCRIf�Ii�d .Net £rc � �Sxt #>rc 2ea A -B 20BD248GOANNANDO 248 A 200 Hp A 15385 27 /ea 30770.54 2ea A -B 1321- 3R200 -B LINE REACTOR,OPEN, 651 25 /ea 1302 50 TAXES NOT INCLUDED ; 0 - 7.91� - 1 �u This is a Quotation. Subtotal 32073.04 Quotations are valid for the date of quotation only, unless specifically agreed to in writing S &H Chg s 0.00 by an authorized associate of North coast Electric Co All quotations are based on price and availability of products and raw materials required for this order by North Coast Electric Co and /or its suppliers All sales sub3ect to North Coast Electric Company's Standard Terms Tot 32073 and Conditions (NCO55) NORTH � C� COAST ELECTRIC COMPANY Quotation 239 Bruenn Ave BREMERTON WA 98312 -3107 06/22/11 S4033768 360 - 479 -5425 Fax 360 -479 -8470 ORDER TO , 3.11 M RTH COAST FIECTUC 239 Exuma Ave aRF2+5'R7CN NA 96312.3107 O f Z 360- 479 -5625 Fax 360 -479 -6470 QUOTE TO: SHIP TO. CITY OF BREMERTON -WWTP CITY OF BREMERTON -WWTP 1600 OYSTER BAY AVE SO. 1600 OYSTER BAY AVE S BREMERTON,,WA 98312 -3442 BREMERTON, WA 98312 -4735 i�?R nMM' t iJ ��YI`YNt. AU7FiW! ,f .'{.' y♦ S7{4f�luTVVSrT4 1 , \ . 4 Y � �y.�` ]�` '4 `�MY1AnN . � if `v 2067 BPO 30448 Lito Bocane ra , V r; •. 5 vl� <` t 4� .:��` ^ �`y > <• ` ^te Y !<'li t f'� ' Eric Alston BID Net No lea HOFF A723618PS NEMAl2 ENCL 1620.69 ea 1620.69 25540 lea HOFF A72P36 PANEL ONLY 284.12/ea 284 12 22940 TAXES NOT INCLUDED This is a Quotation. Subtotal 1904.81 Quotations are valid for the date of quotation only, unless specifically agreed to in writing S &H Chgs 0.00 by an authorized associate of North Coast Electric Co ALL quotations are based on price and availability of products and raw materials required for this order by North Coast Electric Co and /or its suppliers All sales subject to North Coast Electric Company's Standard Terms and Conditions (NCO55) Total 1904.81 iX /103 •e�( k 9 i AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5& ■■ eeeeeeeeeeeeeeeseeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeee■ SUBJECT: Contract for Professional Study Session Date July 13, 2011 Services with Bremerton Defenders - Legal COUNCIL MEETING Date July 20, 2011 Representation for Indigent Department Financial Services Persons Presenter Carol Etgen, City Clerk Phone 473 -5323 SUMMARY: The current provider of public defense services for Bremerton Municipal Court submitted their notice of intent to withdraw from their contract with the City earlier this year Four firms responded to a request for proposal for public defense services All four firms were interviewed by a panel who forwarded their unanimous recommendation to the Mayor, who agreed with the panel and chose Eric Fong and Amity Bork of Bremerton Defenders to enter into a contract for professional services for legal representation of indigent persons This contract will begin on August 1, 2011 and renegotiated by (date to be negotiated) ATTACHMENTS: Draft Contract — (certain terms still under negotiation) FISCAL IMPACTS (Include Budgeted Amount) $15,400 per month ($184,800 annually) - within the current budgeted amount APPROVALS. DEPARTMENT DIRECTOR w CITY ATTORNEY - FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the professional services agreement for legal representation of indigent persons to Bremerton Defenders and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Co ent A e a ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT , COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 D City of Bremerton Agreement for Public Defense Services Table of Contents SECTION 1: DEFINITIONS 1 SECTION 2: PUBLIC DEFENSE STANDARDS 3 SECTION 3: DURATION OF AGREEMENT 3 SECTION 4: SCOPE OF WORK 3 SECTION 5: PERFORMANCE AND QUALIFICATIONS 5 SECTION 6: PAYMENT 8 SECTION 7: REPORTING REQUIREMENTS 8 SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS 9 SECTION 9: OTHER EMPLOYMENT 9 SECTION 10: CORRECTIVE ACTION 10 SECTION 11: TERMINATION AND SUSPENSION 10 SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) 12 SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY 12 SECTION 14: OTHER LEGAL REQUIREMENTS 12 SECTION 15: INDEMNIFICATION 12 SECTION 16: INSURANCE 13 SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS 13 SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS 13 SECTION 19: CONTRACTUAL RELATIONSHIP 14 SECTION 20: ASSIGNMENT AND SUBCONTRACTING 14 SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES 15 SECTION 22: NO CONFLICT OF INTEREST 15 SECTION 23: ERRORS & OMISSIONS; CORRECTION 15 SECTION 24: CONFIDENTIALITY 15 SECTION 25: EXTRA WORK 16 SECTION 26: MISCELLANEOUS PROVISIONS 16 D AGREEMENT FOR CITY OF BREMERTON PUBLIC DEFENSE SERVICES Bremerton Defenders This Agreement is made and entered into by and between the City of Bremerton ( "the City "), a Washington municipal corporation and Bremerton Defenders ( "Public Defender "), whose address is 569 Division Street, Suite A, Port Orchard, WA 98366 WHEREAS, the City desires to have legal services, as described in this Agreement, performed for indigent persons legally entitled to appointed representation in the City of Bremerton, by Bremerton Defenders, as an independent contractor, and WHEREAS, the City and the Public Defender agree that any and all funds provided pursuant to this Agreement are provided for the sole purpose of provision of legal services to indigent persons prosecuted with crimes in Bremerton Municipal Court, NOW, THEREFORE, in consideration of the mutual benefits to be derived, the promises and covenants contained herein, and other good and valuable consideration, the parties agree as follows SECTION 1: DEFINITIONS A Case Assignment A case assignment is that particular case assigned by the City B Case Credit Case credit is a unit of work The total number of units that each attorney is expected to perform is listed in the case credit workload standards. C C� City is the City of Bremerton D Client An indigent person who has been assigned to the Public Defender by the City E Completed Case A completed case involves all necessary legal action from arraignment through disposition or the necessary withdrawal of counsel after the substantial delivery of legal services This includes the filing of a notice of appeal upon the client's request, application to proceed in forma pauperis on appeal, and a motion for appointment of appellate counsel F Contract Administrator Contract Administrator is the City of Bremerton Municipal Court Administration G Court Court is the Municipal Court of Bremerton H Criminal Case- A case is any one charge or series of related charges filed against one defendant/respondent 1 Public Defense [On C I Criminal Case Disposition Case disposition shall mean the dismissal of charges, the entering of an order of deferred prosecution, an order or result requiring a new trial, imposition of sentence or deferral of same, or disposrtional continuance and any other hearing on that cause number 1 A restitution hearing ordered at the time of original disposition shall be included as part of the case credit as defined by this disposition description It shall include the filing of a notice of appeal, if applicable J Discovery Discovery consists of those reports, letters, memorandums, after - action reports, incidents reports, witness statements, officers' statements, expert witness reports which the City Prosecutor is obligated to provide on a continuing basis under the City or State code and pursuant to the State and Federal Constitutional requirements. K Legal Service Legal service is legal representation provided by a licensed attorney and associated paraprofessional staff to an individual client, pursuant to a case assignment or court appointment. The attorney will be required by the Public Defender to satisfy the Code of Professional Responsibility, the law of the State of Washington and the United States in the full discharge of the duties to each individual client under this Agreement L Indigent Defendant An indigent defendant is a person determined indigent by the Court, as being eligible for a court- appointed attorney, pursuant to RCW 10 101 M Mayor Mayor is the Mayor of Bremerton or designee N Misdemeanor Practice Area 1. Misdemeanor Case. Any criminal case filed by the Bremerton City Attorney or designee in Bremerton Municipal Court whether a misdemeanor or a gross misdemeanor 2 Misdemeanor Appeal- A misdemeanor appeal involves filing the notice of appeal, if necessary, perfecting the record following the filing of the notice of appeal, preparation of the transcript pursuant to Rule 6.3a RALJ, preparing such briefs and memoranda as are required, arguing the case in Superior Court, and handling such paperwork as the Superior Court's decision and orders direct. 3. Misdemeanor Writ A writ involves filing notice, perfecting the record, preparing such briefs and memoranda as required, arguing the case in Superior Court and handling such paperwork as the Superior Court's decision and orders direct O Paraprofessional Staff Investigators, social workers and paralegals. P Public Defender The Public Defender is Bremerton Defenders. 2 Public Defense 11DU SECTION 2: PUBLIC DEFENSE STANDARDS The City adopts the following standards for the delivery of Public Defense Services, pursuant to RCW 10 101 030 A Compensation of Counsel Compensation of counsel shall be in accordance with the provisions set forth in sections 4 and 6 of this agreement B Duties and Responsibilities of Counsel The duties and responsibilities of counsel shall be in accordance with this agreement C Caseload Limits Public Defender caseloads for Bremerton misdemeanor cases shall be no higher than 450 case credits per- attorney per -year D Responsibility for Expert Witness Costs After approval by the Court, expert witness fees will be paid by the City E Attorneys and Staff The Public Defender shall provide two full -time attorneys and one full -time paraprofessional staff person to provide services pursuant to this Agreement F Supervision The Public Defender shall provide supervising attorneys at the following standards one supervisor for every two attorneys SECTION 3: TERM This Agreement shall commence on the first (1 st) day of August 2011 and terminate the thirty - first (31st) day of July 201_ unless extended or terminated earlier pursuant to the terms and conditions of this Agreement SECTION 4: SCOPE OF WORK A Purpose The purpose of this agreement is to provide legal services through effective assistance of counsel to indigent persons Legal services shall be statutorily and constitutionally based B Professional Conduct 1 The Public Defender shall provide the services of attorneys and staff members in compliance with all of the applicable laws and administrative regulations of the State of Washington, the United States, Bremerton Municipal Code, and the Washington State Rules for Professional Conduct (RPC) 2 Nothing in this Agreement shall be construed to impair or inhibit the exercise of independent, professional judgment by an attorney employed by the Public Defender with respect to any client wherein an attorney - client relationship has been established pursuant to the terms of this Agreement 3 Public Defense D 3 Nothing in this Agreement shall require or permit, without the consent of the client, access to or disclosure of any confidential communication made by a client to any attorney employed by the Public Defender or any such confidential communications made to agents or employees of the Public Defender for such attorney, the advice given by an attorney to a client; or any other statements and materials privileged from disclosure in a court of law 4. Attorneys and staff employed by the Public Defender shall not solicit or accept any compensation, gifts, gratuities or services from any client C Eligible Population The population served shall be indigent persons legally entitled to appointed legal services in Bremerton Municipal Court, as assigned by the Court. D Case Assignment The Public Defender shall accept case assignments, including case assignments above the projected variance levels The City shall pay the Public Defender for work in excess of the variance levels of tlus Agreement E. Conflicts The Public Defender reserves the right to decline to advise or represent any client on the basis of actual legal, ethical, or professional conflict of interest The Public Defender shall be responsible for checking for conflicts and identifying if a conflict exists The Public Defender shall have a written policy which explains how they define conflict cases This policy must be approved by the Contract Administrator The Public Defender shall perform a conflicts check before any substantial work is done on the case F. Duties and Responsibilities of the Public Defender. In order to perform its responsibilities under the Agreement, the Public Defender shall have the power and duty to 1 Hire all Public Defender personnel, 2 Provide fiscal management, establish compensation of personnel, maintain payroll records and provide payments for all personnel including withholding of income taxes, payment of social security taxes, payment of worker compensation and industrial insurance taxes (where applicable), and fringe benefits, 3 Supervise and maintain the quality of staff and services received or performed, and provide internal evaluation sessions as necessary, 4 Suspend remove, or terminate personnel not adequately performing the duties and responsibilities assigned, engaging or condoning misconduct, or whose conduct or continued performance of duties is detrimental to the Public Defender program; 5. Accept and represent all cases and clients officially referred by the Court unless withdrawal from such representation is allowed in accordance with provisions as stated above, 6 In the event that this Agreement is terminated or not renewed, the Public Defender shall continue to provide services pursuant to this Agreement for three (3) months after the termination date Public Defender shall not be assigned any new cases, however, Public 4 Public Defense [D Defender shall attempt to complete the representation of all clients who have been referred by the Court during the period in which the Agreement is in effect for the compensation received or receivable under the terms of the Agreement, provided that completed representation is not made impossible by a client's failure to appear G Duties and Responsibilities of Public Defender Attorneys In order to perform their duties under this Agreement, staff attorneys of the Public Defender shall. 1 Counsel and represent in all ensuing criminal proceedings before appeal those clients who are officially referred by the Court Such services include, but are not limited to preparation for and representation of the client at the pretrial hearings, trial and at sentencing hearings or any other related proceedings 2 Counsel clients with regard to their rights to appellate review and file any necessary notice for appellate review when requested by a client. SECTION 5: PERFORMANCE AND QUALIFICATIONS A Practice Standards and Records 1 The Public Defender shall ensure that all attorneys, paraprofessional staff and supervisors shall maintain contemporaneous records of all legal services provided on a specific case The records shall provide a factual description of the work done and shall be sufficiently detailed to allow monitoring of legal service activity by the Contract Administrator, subject to any ethical obligations of the Public Defender 2 Upon closing a case, all attorney, paraprofessional and supervisor files associated with the case shall be cross referenced and accessible as a whole for monitoring by the Contract Administrator, subject to any ethical obligations of the Public Defender 3 The Public Defender shall establish practice standards to address the following substantive areas of Agreement compliance The practice standards shall set objective expectations for each position and shall be measurable by objective means With each practice standard, the Public Defender shall include a procedure for monitoring compliance with the standard Written practice standards are due to the Contract Administrator annually Practice standards should address the following areas: a Attorney practice, including but not limited to; i Lawyer- client relationship, initial case actions, investigation and preparation, preliminary hearings, disposition without trial, trial; post conviction or fact finding and any other areas of attorney practice deemed appropriate by Public Defender management or Board ii Attorney use of paraprofessionals and expert service 5 Public Defense D b Paraprofessional practice c Supervision of attorneys and paraprofessionals 4 The Public Defender agrees that, within available resources, reasonable efforts will be made by the Public Defender to continue the initial attorney assigned to a client throughout any case in which representation is undertaken The Public Defender is not prohibited from rotating attorneys or from assigning a single attorney to handle various aspects of legal proceedings for all indigent persons where such method of assignment is the most reasonable method of obtaining effective legal representation for indigent persons 5 A member of the Public Defender staff shall visit any assigned in- custody criminal defendant and obtain basic contact and other fundamental intake information for a bond hearing within one (1) working day from notification to the Public Defender of the assignment of the case and the in- custody status of the client This provision applies to clients in custody at any facility within Krtsap County 6 The Public Defender attorneys shall attempt to make contact with all assigned clients within five (5) working days from a case assignment or no later than the day prior to the first pretrial hearing whichever comes first 7 The Bremerton City Attorney's Office or designee is responsible for making a copy of discovery available to the Public Defender The Public Defender shall request discovery as soon as possible after case assignment but no later than three (3) business days of the assignment, whether initial or subsequent, on any case. The Public Defender shall obtain a copy of discovery at arraignment if available The Public Defender agrees that discovery may be provided in electronic format 8. Discovery shall be reviewed within five (5) days after receipt for purposes of determining any conflicts of interest The Public Defender shall notify the Contract Administrator immediately of any conflict of interest as defined by the Washington State Rules of Professional Conduct The Public Defender shall provide the Contract Administrator with a written explanation stating the basis for the conflict in its notification 9 The Public Defender shall establish and enforce policies and procedures to ensure that attorney time and other Defender resources funded by this Agreement shall only be used for work which is authorized by this Agreement 10. The Public Defender shall ensure that a preliminary written response to any written complaints concerning services provided by the employees of the Defender or the Defender itself shall be submitted to the Contract Administrator within three (3) working days of the date the complaint is received by the Public Defender Written complaints include e-mail communications from the Contract Administrator The Contract Administrator shall copy the supervising attorney on any complaints sent to the Public Defender 6 Public Defense pDaFT 11 The Public Defender shall establish policies and procedures for pro -bono work provided by staff of the Public Defender These policies and procedures shall assure that any such pro bono work is not provided to the exclusion or detriment of legal services that are the subject of this Agreement 12. The Public Defender or his attorneys shall not provide transportation to any client assigned to the public defender pursuant to this Agreement B Minimum Attorney Qualifications 1 Every attorney providing indigent defense services must be a licensed member of the Washington State Bar and be a member in good standing of the Bar 2 Every Public Defender attorney shall satisfy the minimum requirements for practicing law in Washington as determined by the Washington Supreme Court, seven (7) hours of each year's required continuing legal education credits shall be in courses relating to criminal law practice or other areas of law in which the Public Defender provides legal services to clients under the terms of this Agreement or is approved by the Washington State Office of Public Defense The Public Defender will maintain for inspection on its premises records of compliance with this provision 3. The Public Defender may employ interns pursuant to Admission to Practice Rule (APR) 9 No more than 5% of the cases handled by the Public Defender may be assigned to Rule 9 interns However, Rule 9 interns may not be used to supplant the services of an attorney assigned by the Public Defender to perform the services of this Agreement 4 The Public Defender attorneys who supervise the misdemeanor attorneys must have at least three years of criminal defense experience in superior, district or municipal courts in Washington State. 5 Unless prior written approval has been granted by the Contract Administrator, no attorney may provide services under this Agreement if that attorney has been removed from representation in a case for failure to perform basic services necessary to the case or to the client, or in any manner has been found to be ineffective on appeal by either an ethics panel or by an appellate court C Evaluations- The Public Defender Supervisor, or his/her designee, shall evaluate the professional performance of Public Defender attorneys and paraprofessional staff annually Attorney evaluations should include monitoring of time and caseload records, review of case files, quality of case preparation, as well as in -court observation Paraprofessional evaluations shall be sufficiently comprehensive to assess the quality of the actual work performed. The Contractor shall submit to the City a summary report of the annual attorney performance evaluations. The Contractor shall make available to the City its evaluation criteria and evidence evaluations were conducted, although all evaluations are to be confidential between the Contractor's director and the Contractor attorney. 7 Public Defense BDUIFU SECTION 6: PAYMENT A The City shall reimburse the Public Defender for the services as specified in Section 4, Scope of Work, in the amount not to exceed $184,800 annually B The Public Defender shall provide the City with a certification of completed case assignments twenty (20) working days after the close of each calendar month The City will pay the Public Defender by the thirtieth (30) working day of the following month C In the event of failure to comply with any items and conditions of this Agreement or to provide in any manner the work or services as agreed to herein, the City reserves the right to withhold any payment until the City is satisfied that corrective action has been taken or completed This option is in addition to and not in lieu of the City's right to termination as provided in Section 13 of this Agreement SECTION 7: REPORTING REQUIREMENTS Case Management System The Public Defender will use a case management system that will allow them to file the monthly report described below electronically Reporting- The Public Defender will provide the City with monthly electronic reports in acceptable format on all closed cases. Cases must be closed within 60 days after the last hearing on the case These reports must contain* • Defendant's name • Cause number(s) • Criminal charges filed • If it was a probation review hearing • Disposition of each charge • Number of court hearings • Number of failures to appear and warrants issued • Defendant's fail custody status prior to sentencing • Bench Trial, Jury Trial, Plea or Dismissal • If dismissal, reason for the dismissal • Whether an appeal was filed • Attorney(s) name(s) • Date case assigned • Date case closed • Hours spent by attorney • Hours spent by each type of support staff, investigators, social workers, or paralegals 8 Public Defense D The Public Defender must provide the Contract Admimstrator the reports described below Report Title Due Date Open and Closed Case Reports including Monthly (by 20th day of the following month) attorney assignment Quarterly Case Credit and Case Allocation Quarterly (April, July, October, January) Report Year -end Attorney Case Assignment Report January Year -End Closed Case Report January Additional summaries, reports or documents as Vanes requested by the Contract Administrator with reasonable notice The City of Bremerton, or any of its duly authorized representatives, shall have access to any such books, records and documents for inspection, audit and copying The report is due on or before the twentieth (20th) day of the following month for services of the prior month Payment may be withheld if reports are not submitted on time The Public Defender will immediately notify the Contract Administrator in writing when it becomes aware that a complaint lodged with the Bar Association has resulted in reprimand, suspension, or disbarment of an attorney providing services under this Agreement. SECTION 8: ADDRESSES FOR NOTICES AND DELIVERABLE MATERIALS All official notices under this Agreement shall be delivered to the following addresses (or such other address(es) as either party may designate in writing) If to Ci City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 If to the Public Defender - Bremerton Defenders 569 Division Street, Suite A Port Orchard, WA 98366 SECTION 9: OTHER EMPLOYMENT The Public Defender agrees that its legal staff assigned to the Bremerton Municipal Court shall have as their primary employment representation of indigent clients in Bremerton Municipal Court The Public Defender further agrees that it will abide by all provisions of this Agreement regarding Personal Performance of this Agreement 9 Public Defense SECTION 10: CORRECTIVE ACTION If the City believes that a breach of this Agreement has occurred, and if the City believes said breach to warrant corrective action, the following sequential procedure shall apply A The City will notify the Public Defender in writing of the nature of the breach, B The Public Defender shall respond in writing within three (3) working days of its receipt of such notification, which response shall indicate the steps being taken to correct the specified deficiencies, and the proposed completion date for bringing the Agreement into compliance, which date shall not be more than ten (10) working days from the date of the Public Defender's response; C The City will notify the Public Defender in writing of the City's determination as to the sufficiency of the Public Defender's corrective action plan The determination of the sufficiency of the Public Defender's corrective action plan will be at the sole discretion of the City, however, the City's determination of the sufficiency of the Public Defender's corrective action plan shall take into consideration the reasonableness of the proposed corrective action, in light of the alleged breach In all cases where corrective action is determined by the City to be appropriate, the City shall work with the Public Defender to implement the plan; D In the event that the Public Defender does not respond within the appropriate time with the corrective action plan, or the Public Defender's corrective action plan is determined by the City to be insufficient, the City may commence termination of this Agreement in whole or in part pursuant to Section 11 (A) Termination and Suspension, E In addition, the City may withhold any payment owed the Public Defender or prolubit the Public Defender from incurring additional obligations of funds until the City is satisfied the corrective action has been taken or completed, and F Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section 13 Termination and Suspension. SECTION 11: TERMINATION AND SUSPENSION A The City may terminate this Agreement in whole or in part upon ten (10) days' written notice to the Public Defender in the event• 1. The Public Defender substantially breaches any duty, obligation, or service required pursuant to this Agreement 2 The duties, obligations, or services herein become impossible, illegal, or not feasible. 3 The City determines that the Public Defender Services are no longer necessary 10 Public Defense BDUIFU Before the City terminates this Agreement pursuant to subsection 11 (A) Termination and Suspension, the City shall provide the Public Defender written notice of termination, which notice shall include the reasons for termination and the effective date of termination The Public Defender shall have the opportunity to submit a written response to the City within (10) working days from the date of the City's notice If the Public Defender elects to submit a written response, the Contract Administrator will review the response and make a determination within ten (10) days after receipt of the Public Defender's response In the event this Agreement is terminated in whole or in part pursuant to Subsection A (1) of this Section, the Public Defender shall be liable for damages, including the reasonable costs of the procurement of similar services from another source unless it is determined by the Contract Administrator that (i) no default actually occurred, or (nn) the failure to perform was without the Public Defender's control, fault or negligence B In the event that for any reason, expected or actual funding from any source, not to include funding appropriated by the City from City funds, shall be reduced, withdrawn, suspended, or otherwise not available, the City may suspend or terminate any portion of this Agreement which relies on the reduced, withdrawn, suspended, or otherwise unavailable funds The City will notify the Public Defender in writing that the specific funding is no longer available for all or part of this Agreement, and upon receipt of such notice, the Public Defender will be released from performing the services required under the terms of this Agreement which relied upon such funding The City will be released from contracted liability with the Public Defender for cases not yet assigned pursuant to portions of this Agreement for which funds have not been received by the City In the event that any such termination or suspension is required, the termination or suspension of services required to be performed under the terms of this Agreement shall be limited to such services that directly rely on such funding; the balance of this Agreement shall remain in full force and effect C In the event of the termination or suspension of this Agreement, the Public Defender shall receive a pro -rated payment for services rendered through the termination date of the Agreement In addition, the Public Defender shall receive payment for the three month transition period following termination of the Agreement on a decreasing schedule of 75% for the first month, 50% for the second month and 25% for the third month D In the event that termination is due to misappropriation of funds, non - performance of the scope of services, or fiscal mismanagement, the Public Defender shall return to the City those funds, unexpended or misappropriated, which, at the time of termination, have been paid to the Public Defender by the City E. Otherwise, this Agreement shall terminate on the date specified herein, and shall be subject to extension only by mutual agreement of both parties hereto in writing. 11 Public Defense BDUFT F Nothing herein shall be deemed to constitute a waiver by either party of any legal right or remedy for wrongful termination or suspension of the Agreement. G. In the event of termination, suspension, or non - renewal of this Agreement, all cases not required to be completed by the Public Defender shall be returned to the Contract Administrator for reassignment SECTION 12: DISPUTES (OTHER THAN SUSPENSION OR TERMINATION) A The Public Defender shall address questions or claims regarding meaning and intent of the Agreement or arising from this Agreement in writing to the City Contract Administrator, within ten (10) calendar days of the date in which the Public Defender knows or should know of the question or claim The City will ordinarily respond to the Public Defender in writing with a decision, but absent such written response, the question or claim shall be deemed denied upon the thirtieth day following receipt by the City SECTION 13: EQUAL EMPLOYMENT OPPORTUNITY A The Public Defender shall not discriminate against any employee or applicant for employment because of race, religion, creed, age, color, sex, marital status, sexual orientation, gender identity, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational qualification SECTION: 14 OTHER LEGAL REQUIREMENTS A General Requirement. The Public Defender, at no expense to the City, shall comply with all applicable laws of the United States and the State of Washington; the Charter and ordinances of The City of Bremerton, and rules, regulations, orders, and directives of their administrative agencies and the officers thereof Without limiting the generality of this paragraph, the Public Defender shall specifically comply with the following requirements of this section B Licenses and Similar Authorizations- The Public Defender, at no expense to the City, shall secure and maintain in full force and effect during the term of this Agreement all required licenses, permits, and similar legal authorizations, and comply with all requirements thereof SECTION 15: INDEMNIFICATION The Public Defender does hereby release and shall defend, indemnify, and hold the City and its employees and agents harmless from all losses, liabilities, claims (including claims ansing under federal, state or local environmental laws), costs (including attorneys' fees), actions or damages of any sort whatsoever arising out of the Public Defender's performance of the services contemplated by this Contract to the extent attributable to the acts or omissions, misconduct or breach of this Agreement by the Public Defender, its servants, agents, and employees In furtherance of these obligations, and only with respect to the City, its employees and agents, the Public Defender waives any immunity it may have or limitation on the amount or type of damages imposed under any industrial insurance, worker's compensation, disability, employee 12 Public Defense benefit or similar laws The Public Defender acknowledges that the foregoing waiver of immunity was mutually negotiated and agrees that the indemnification provided for in this section shall survive any termination or expiration of this Agreement SECTION 16: INSURANCE Insurance certification required. The Public Defender must carry the following coverages and limits of liability • General Liability with a mimmum limit of liability of $1,000,000 combined single limit each occurrence bodily injury and property damage • Professional Liability (Errors, and Omissions) for attorneys with a mimmum limit of liability of $2,000,000 each claim • Workers' Compensation per statutory requirements of the Washington industrial insurance RCW Title 51 SECTION 17: ESTABLISHMENT AND MAINTENANCE OF RECORDS A These records shall be maintained for a period of (6) years after termination hereof unless permission to destroy them is granted by the Office of the Archivist in accordance with RCW Chapter 40 14 B Willful failure to maintain or produce records or other required documentation during the time for maintenance of records may result in specific, related costs being disallowed In the event the City has reason to believe that such a failure exists, notice shall be given to the Public Defender and the Public Defender shall respond in writing The time for notification and response shall be the same as set forth in Section 11 (A) SECTION 18: AUDITS, RECORDS, AND ANNUAL FINANCIAL STATEMENTS A The Public Defender must ensure that the City has full access to materials necessary to verify compliance with all terms of this Agreement At any time, upon reasonable notice during business hours and as often as the City may deem necessary for a period of six (6) years, the Public Defender shall provide to the City right of access to its facilities, including those of any subcontractor, data, and other data relating to all matters covered by this Agreement Provided that if any such data, records or materials are subject to any privilege or rules of confidentiality the Public Defender must maintain such data in a form or manner to provide same to the City that will not breach such confidentiality or privilege The Public Defender shall maintain such data and records in an accessible location and condition for a period of not less than six (6) years following the receipt of final payment under this Agreement, unless the City agrees in writing to an earlier disposition. 13 Public Defense BDUIFU The Public Defender agrees to cooperate with the City or its agent in the evaluation of the Public Defender's performance under this Agreement and to make available all information reasonably required by any such evaluation process or ongoing reporting requirements established by the City The results and records of said evaluations and reports shall be maintained and disclosed in accordance with RCW Chapter 42 17 Notwithstanding any of the above provisions of this paragraph, all Constitutional, statutory, and common law rights and privileges of any indigent client are not waived Provided further that nothing in this section shall require the disclosure of the names of any client represented pursuant to RCW 13.34 et seq, or RCW 7102 et seq, or RCW 7105 et seq B. All such reports as are required under the terms of this Agreement shall be submitted to the City via electronic media (e -mail attachment or diskette) within the time limits for each report SECTION 19: CONTRACTUAL RELATIONSHIP The relationship of the Public Defender to the City by reason of this Agreement shall be that of an independent contractor This Agreement does not authorize the Public Defender to act as the agent or legal representative of the City for any purpose whatsoever and neither the Public Defender nor its employees shall be deemed employees of the City The Public Defender is not granted any express or implied right or authority to assume or create any obligation or responsibility on behalf of or in the name of the City or to bind the City in any manner or thing whatsoever It is expressly understood and agreed that the Public Defender and the Public Defender's employees shall in no event be entitled to any benefits to which City employees are entitled, including, but not limited to overtime, any retirement benefits, worker's compensation benefits, and injury leave or leave benefits The Public Defender shall complete this Agreement according to the Public Defender's own means and methods of work, which shall be in the exclusive charge and control of the Public Defender and which shall not be subject to control or supervision by the City, except such requirements for performance as are specified in this City The Public Defender agrees that it has secured or will secure at the Public Defender's own expense, all persons, employees, and equipment required to perform the services contemplated/required under this Agreement SECTION 20: ASSIGNMENT AND SUBCONTRACTING The Public Defender shall not assign or subcontract any of its obligations under this Agreement without the City's written consent, which may be granted or withheld in the City's sole discretion Said consent must be sought in writing by the Public Defender not less than fifteen (15) days prior to the date of any proposed assignment Any subcontract made by the Public Defender shall incorporate by reference all the terms of this Agreement The Public Defender shall ensure that all subcontractors comply with the obligations and requirements of the subcontract The City's consent to any assignment or subcontract shall not release the Public Defender from liability under this Agreement, or from any obligation to be performed under this Contract, whether occurring before or after such consent, assignment, or subcontract. 14 Public Defense BDUIFU SECTION 21: INVOLVEMENT OF FORMER CITY EMPLOYEES A The Public Defender shall promptly notify the City in writing of any person who is expected to perform any of the Work funded by this Agreement and who, during the twelve (12) months immediately prior to the expected commencement date of such work or subcontract, was a City officer or employee B The Public Defender shall ensure that no Work or matter related to the Work funded by this Agreement is performed by any person (employee, subcontractor, or otherwise) who: (1) was a City officer or employee within the past twelve (12) months, and (2) as such was officially involved in, participated in, or acted upon any matter related to the Work SECTION 22: NO CONFLICT OF INTEREST The Public Defender confirms that the Public Defender does not have a business interest or a close family relationship with any City officer or employee who was, is, or will be involved in the Public Defender selection, negotiation, drafting, signing, administration, or evaluating the Public Defender's performance As used in this section, the term "Public Defender" shall include any employee of the Public Defender who was, is, or will be involved in the negotiation, drafting, signing, administration, or performance of the Agreement. As used in this section, the term "close family relationship" refers to the following- spouse or domestic partner; any dependent parent, parent -m -law, child, son -in -law, or daughter -in -law, or any parent, parent -in- law, sibling, uncle, aunt, cousin, mece or nephew residing in the household of a City officer or employee described above SECTION 23: ERRORS & OMISSIONS; CORRECTION The Public Defender shall be responsible for the professional quality of all services furnished by or on the behalf of the Public Defender under this Agreement The Public Defender, without additional compensation, shall correct or revise any Public Defender services immediately upon notification by the City. The obligation provided for in this section with respect to any acts or omissions during the term of this Agreement shall survive any termination or expiration of this Agreement SECTION 24: CONFIDENTIALITY The parties agree that they will not permit the duplication or disclosure of any information designated in advance by the other party as "Confidential and Proprietary" to any person (other than its own employee, agent, or representative who must have such information for the performance of that party's obligations hereunder) unless such duplication, use or disclosure is specifically authorized in writing by the other party or is required by law. "Confidential and Proprietary" information does not include ideas, concepts, know -how or techniques related to information that, at the time of disclosure, is in the public domain unless the entry of that information into the public domain is a result of any breach of this Agreement Likewise, 15 Public Defense "Confidential and Proprietary" information does not apply to information that is independently developed, already possessed without obligation of confidentiality, or rightfully obtained from a third party without an obligation of confidentiality SECTION 25: EXTRA WORK The City may desire to have the Public Defender perform work or render services in connection with this project other than that expressly provided for in the "Scope of Work" section of this Agreement This will be considered extra work, supplemental to this Agreement, and shall not proceed unless authorized by an amendment Any costs incurred due to the performance of extra work prior to execution of an amendment will not be reimbursed under this Agreement or an amendment SECTION 26: MISCELLANEOUS PROVISIONS A Amendments No modification of this Agreement shall be effective unless in writing and signed by an authorized representative of each of the parties hereto B Binding Agreement This Agreement shall not be binding until signed by both parties The provisions, covenants and conditions in this Agreement shall bind the parties, their legal heirs, representatives, successors, and assigns C Applicable LawNenue• This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington The venue of any action brought hereunder shall be in the Superior Court for Kitsap County. D Remedies Cumulative- Rights under this Agreement are cumulative and nonexclusive of any other remedy at law or in equity E. Captions The titles of sections are for convenience only and do not define or limit the contents F Severability If any term or provision of this Agreement is determined by a court of competent junsdiction to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each tern and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law G Waiver No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed, and any waiver of the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition Neither the acceptance by the City of any performance by the Public Defender after the time the same shall have become due nor payment to the Public Defender for any portion of the Work shall constitute a waiver by the City of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by the City, in writing 16 Public Defense I H Entire Agreement This document, along with any exhibits and attachments, constitutes the entire Agreement between the parties with respect to the Work No verbal agreement or conversation between any officer, agent, associate or employee of the City and any officer, Public Defender, employee or associate of the Public Defender prior to the execution of this Agreement shall affect or modify any of the terms or obligations contained in this Agreement I Negotiated Agreement The parties acknowledge that this is a negotiated agreement, that they have had the opportunity to have this Agreement reviewed by their respective legal counsel, and that the terms and conditions of this Agreement are not to be construed against any party on the basis of such party's draftsmanship thereof J Political Activity Prohibited None of the funds, materials, property, or services provided directly or indirectly under this Agreement shall be used in the performance of this Agreement for any partisan political activity or to further the election or defeat of any candidate for public office K Security Access City shall provide Public Defender three (3) access codes for entry into the court facility after hours, except that the Public Defender shall provide the names of those individuals who will use the access codes L Parking City shall provide two (2) parking slots near the Municipal Court for Public Defender Staff IN WITNESS WHEREOF, in consideration of the terms, conditions, and covenants contained herein, or attached and incorporated and made a part hereof, the parties have executed this Agreement by having their representatives affix their signatures below CITY OF BREMERTON BREMERTON DEFENDERS PATTY LENT, MAYOR By Its Date Date APPROVED AS TO FORM Roger A Lubovich, City Attorney R \Legal \Legal \Contracts\Municipal CourtTublic Defender - 2011 doc 17 Public Defense AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H SUBJECT: Public Works Construction Study Session Date 7/13/2011 Agreement between the City of Bremerton COUNCIL MEETING Date 7/20/2011 and Dahl Construction Company, Inc for Department Executive trenching work for electrical utilities, Park Presenter Gary Sexton Avenue Plaza Phase II project Phone 360- 981 -1025 SUMMARY: The contractor (Dahl Construction Company, Inc ) shall provide trenching and restoration for electrical utilities in accordance with Puget Sound Energy design drawings The contractor will also provide certain equipment, labor and material as noted in this contract for the Park Avenue Plaza, Phase II project ATTACHMENTS: Public Works Construction Agreement and associated Exhibits FISCAL IMPACTS (Include Budgeted Amount) Contract amount is $95,300 00 plus WA State Sales Tax This amount is budgeted in the new Fund 306 Park Plaza Phase II as part of the EDA Grant APPROVALS: DEPARTMENT DIRECTOR C CITY ATTORNEY � t FINANCE DIRECTOR RECOMMENDED MOTION: Move that the City approve the Public Work Agreement with Dahl Construction Company, Inc for utilities trenching at Park Avenue Plaza a d authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Con nt A ends ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT - COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City "), and Dahl Construction Company Inc ( "Contractor "), whose mailing address is P O Box 4940, Bremerton, WA 98312 The parties agree as follows 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City Trenching and restoration of Park for electrical utilities Scope of Work A Procure City Right -of -Way permit for work noted herein Permit Type required is Type B Include all fees, bonds and associated charges to secure permit B Provide all equipment, labor and material to perform construction work, trenching, conduit and vault installation pursuant to PSE design drawings and associated PSE standards as noted on Contract Documents, except as noted below C PSE will provide all conduit, vaults, and associated spacers as noted in Responsibilities of the City on Drawing 1 D See Clarification Responsibilities of the City Exhibit C herein City will provide the following- survey / layout and testing services As noted in clarification all other work noted will be the responsibility of this Contract 2. TIME OF COMPLETION. Contractor shall complete the work within 21 calendar days from the date of issuance of the City's Notice to Proceed 3. COMPENSATION. The City shall pay the Contractor the total amount of $95,300 00 (ninety five thousand three hundred dollars), plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement The Contractor shall invoice the City monthly The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project A Performance Bond Pursuant to Chapter 39 08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later B Retamaue The City shall hold back a retainage in the amount of five percent (5 %) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60 28 RCW, whichever is later C Defective or Unauthorized Work The City reserves its right to withhold payment from Contractor for any defective or unauthorized work PAGE -1- Public Works Agreement— GC name EDA Award 07 -01 -06590 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION. The City may terminate this agreement at the convenience of the City 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work Contractor shall pay prevailing wages and comply with Chapter 39 12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions Davis -Bacon wage rates are to be used for this project The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work, however, the Contractor may elect to protest the adjustment The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest A Contractor's Duty to Complete Protested Work In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered with the retained right to file a claim 8. CLAIMS. Contractor must, in any event, file any claim or bring any suit ansmg from or connected with this agreement within 120 calendar days from the date the contract work is complete 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, PAGE -2- Public Works Agreement — GC name EDA Award 07 -01 -06590 damages, losses or suits including all legal costs and attorney fees, ansmg out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's negligence The City's inspection or acceptance of any of Contractor's 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 ansmg 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 officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this agreement 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement, insurance against claims for injuries to persons or damage to property that may arse from or in connection with the performance of the Contract work by the Contractor, its agents, representatives, employees or subcontractors Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing A Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and B Commercial General Liability insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 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 C Endorsements in accordance with Right of Way permits Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor The City reserves the right to receive a certified copy of all the required insurance policies The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance PAGE -3- Public Works Agreement — GC name EDA Award 07 -01 -06590 The Contractor's 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 Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage 12. MISCELLANEOUS. A Nondiscrimination In the hiring of employees for the performance of work under this Agreement or any sub - contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates B Compliance with Laws Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement 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 subcontractors in the performance of this agreement 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 Nonwaiver of Breach The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E Governing Law This agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington F Attorney's Fees To the extent not inconsistent with RCW 39 04 240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement G Written Notice All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, PAGE -4- Public Works Agreement — GC name EDA Award 07 -01 -06590 unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement H Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void I Modification No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor J Severability If any one or more sections, sub - sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect K Entire Agreement The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement This agreement and any attached Exhibits contain the entire agreement between the parties Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail 14 Exhibits A Exhibit A - Contract Documents B Exhibit B — General Requirements C Exhibit C — Clarification to Responsibility of the City D Exhibit D — Notice of Requirements for Affirmative Action PAGE -5- Public Works Agreement — GC name EDA Award 07 -01 -06590 IN WITNESS WHEREOF, the parties below have executed this agreement CONTRACTOR THE CITY OF BREMERTON Print Name Print Name Title Title DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR CITY OF BREMERTON Dahl Construction Company Inc Attn Gary Sexton P O Box 4940 3456 1h Street, Suite 600 Bremerton, WA 98312 Bremerton, WA 98337 360 - 830 -4550 (360) 981 -1025 (360) 473 -5278 (facsimile) PAGE-6- Public Works Agreement — GC name EDA Award 07 -01 -06590 PARK & 4TH STREET - PHASE TWO EXHIBIT A CITY OF BREMERTON CONSTRUCTION DOCUMENTS EDA Award No. 07 -01 -06590 Trenching and restoration of Park for electrical utilities Construction Documents 1 Puget Sound Energy / Potelco Inc design drawings, Bremerton Parking Garage -UG Relocate Park Ave between Burwell and 4th Ave, Bremerton, WA Elect Order 101069489 Drawings 1 through 5 Dated 2/21/2011 2 For reference - N L Olson & Associates, Inc Topographic Survey for the City of Bremerton Dated March 17, 2011 Drawing number 117657 - 406562 sheet 1 of 2 and Drawing number 117657 - 406563 sheet 2 of 2 3 For reference - City of Bremerton Department of Public Works & Utilities Engineering Division dated 3/06 Sewage Pump Station CE -6 2006 Modifications Plan and Profile Sheet 5 Of 32 C -3 4 EDA Contracting Provisions for Construction Projects 5 Davis Bacon Washington Wage Rates for Kitsap County (www gpo gov /davisbacon /WA html) Page 1 of 1 PARK & 4TH STREET PHASE TWO EXHIBIT B - CITY OF BREMERTON GENERAL REQUIREMENTS EDA Award No 07 -01 -06590 General Requirements A Price and Payment Procedures 1 Substitution Procedures- Prior to bidding contractors may provide Substitution Requests via email to brianPloraxpartners com within 3 days of Bid, approved submittals will be noted in addendum. Substitutions represent proposed product has been investigated and determined equal or superior to that specified Substitutions made after Bid may be considered 2 Schedule of Values - Before 1St application for payment submit Schedule of Values for approval Schedule of Value should include all major work activities and include labor and materials 3 Progress Payment Procedures - Contractor to provide invoice to Brian Fyall by end of month, set up time for site walk through to confirm billing percentage complete Contractor to include lien releases from prior month with subsequent applications 4 Certified Payrolls are to be provided at the end of each month B Administrative Requirements 1 Project Coordination- General Contractor is to coordinate scheduling, submittals, and work General Contractor to coordinate testing & inspection, utility connections, City inspection and final approval 2 Project Meeting - Weekly construction meeting are to be held General Contractor to take and distribute notes, 3 Communications - Address all RFI's and Submittal to Brian Fyall RFI's to be numbered consecutive, assume two week turn around for all RFI's 4 Submittal procedure - Provide shop drawings and submittals as required by Contract Documents, provide 6 hard copies of drawings and 3 hard copies of product information Where submittal is design -build provide engineered stamped drawing by registered engineer in the State of Washington C Quality Requirements 1 Regulator Requirements - Contractor to comply will laws, ordinances, rules, regulations as required by City of Bremerton and the State of Washington in the construction of the noted project 2 Quality Control - General Contractor to maintain quality control over suppliers, manufacturers, products, services, site conditions and workmanship to produce specified quality. 3 Testing and inspection - Owner will contract for special inspection services for geotech and construction testing and inspection General Contractor is to coordinate inspection times directly with inspection agency D Temporary Facilities and Controls 1 Temporary utilities - General Contractor is responsible for any required temporary utilities (electrical, telephone, water, sewer and storm run off) Page 1 of 2 PARK & 4 STREET PHASE TWO EXHIBIT C - CITY OF BREMERTON CLARIFICATION RESPONSIBILITIES OF THE CITY EDA Award 07 -01 -06590 RESPONSIBILITIES OF THE CITY Documentation - The city and their contractor shall attend a pre - construction meeting specifically for installation of bare duct and vault system - PSE will provide to the city contractor with construction plans for the installation of PSE duct and vault system - All installations shall conform to specifications contained in this document and all relevant PSE standards Safety Field changes shall be pre- approved by PSE or designated representative prior to construction with proof of acceptance required prior to PSE acceptance of completed duct and vault system The city contractor shall not access energized power vaults without the assistance of PSE line workers Trench and Excavation - The city contractor shall not expose energized power conductors (direct buried or in conduit) without the assistance of PSE line workers - The city contractor shall provide all trench excavation and backfill for the installation of new or modified PSE underground distribution system within the construction area - All trench excavation shall conform to PSE standards 6790 0075, 6790 0130, 6790 0140, 6790 0250, and 6790 3050 - Construct the shared utility trench where the various utilities can transition in and out of the trench line in an orderly fashion without altering duct bank alignments of other utility Separation of crossing utilities sharing the common utility trench is 6" After the new underground system is installed an energized, additional excavation may be necessary to re -train existing underground cables into the new vaults This excavation will be provided by the city contractor with 48 hours notice Placement of other utility vaults within the trench line alignment encumbering access to PSE facilities is not allowed Vault Installation - City shall install PSE vaults in accordance with PSE standards 6775 0035 and 6775 0040 - Vault hole excavation shall be prepared level and free of debris with a minimum 6" base of crushed rock to prevent vault settling - PSE Vaults in planter areas shall be set 2" above final grade - PSE Vaults in hard surface locations such as sidewalks shall be adjusted to match finished grade prior to the installation of PSE Page 1 of 4 PARK & 4 STREET PHASE TWO EXHIBIT C - CITY OF BREMERTON CLARIFICATION RESPONSIBILITIES OF THE CITY EDA Award 07 -01 -06590 conductors and equipment Maximum adjustment up is 5 "- more than 5" require and additional riser Note The city contractor will not be allowed to make vault adjustments after PSE conductors and equipment are energized PSE line crew will perform the adjustments on a change order basis City shall provide all surveying necessary to assure all PSE vaults are installed in the alignment location specified in this document The city shall be responsible for establishing grade elevation for PSE vaults All PSE vaults shall be clean and clear of construction debris with all knockouts and cover adjustments grouted to PSE satisfaction prior to PSE accepting delivery of bare conduit & vault system S &C Vista Submersible Switch Vault Installation Vista vaults must be set to final grade Cover cannot be adjusted more than 3 inches unless switch is raised in vault with special noncode adjustment stands Conduit Installation All PSE conduit installations shall conform to PSE standards 6800 6000, 6800 8050, and 6825 6505 All conduits shall be routed and installed per conduit tables, installation diagrams, and details in this work sketch - The city contractor shall proof every PSE conduit run prior to final PSE acceptance Proofing is defined as pulling a mandrel of the same diameter through the conduit Mule tape provided by PSE shall be pulled in behind the mandrel in each conduit run as evidence of proofing A plug shall be installed in all spare conduits All conduits entering PSE vaults shall be through the appropriate knockouts to ensure proper cable lay Vault entries causing cables to cross each other in the vault, or lay in the vault unevenly, will be rejected and corrected at the expense of the city contractor All conduit entries into PSE vault shall be straight and level with a minimum of 2' straight section outside the vault wall and 2" on conduit extending into the vault with bell ends installed - PSE conduits shall be placed in the trench maintaining a minimum of 1 -1/2" of separation Use conduit spacers (provided by PSE) every 10' PSE conduit runs shall be placed straight and level Should it become necessary to alter conduit alignments to avoid other utilities the maximum bend radius allowed is 22 -1/2 degrees Bend radius greater than 22 -1/2 degrees require prior approval from PSE engineering representatives Page 2 of 4 PARK & 4TH STREET PHASE TWO EXHIBIT C - CITY OF BREMERTON CLARIFICATION RESPONSIBILITIES OF THE CITY EDA Award 07 -01 -06590 - All PSE conduits shall be placed with the minimum separation between other utility facilities as specified in PSE standard 6790 0130 Refer to the typical utility trench cross section detail in this work sketch - All PSE conduits shall have a minimum of 36" of cover Cover of less than 36" is permissible on a case by case basis provided that such installations adhere to PSE standard 6790 0130 figure 2 Pre - approval by PSE engineering representatives is required Materials - The city contractor shall not backfill PSE facilities until authorized by the PSE Inspector - City contractor shall be responsible for the security all PSE materials delivered to the fob site - The city contractor shall sign material manifest slips for all PSE materials delivered to the fob site - Initial delivery of PSE materials to the fob site requires 10 days minimum advanced notice to PSE storeroom - After the initial delivery of materials subsequent bulk material deliveries to the fob site by PSE vendors require a minimum of 5 days- advanced notice to PSE storeroom - PSE representatives will provide delivery of all miscellaneous material necessary for duct & vault installation, such as couplings, glue, bends, etc, with minimum 3 days advanced notice to the PSE storeroom - City contractor shall provide equipment and labor necessary to off load material on site - All vaults will be delivered by the manufacture to the fob site as follows - 575 and smaller with a minimum 3 days advanced notice to PSE storeroom - 5106 and larger with a minimum 5 days advanced notice to PSE storeroom - If vault excavation is not ready when vaults are delivered, city contractor will provide necessary equipment to install vaults Install mastic sealant between the sections of must- section vaults (sealant provided by manufacturer) All unused material shall be returned to PSE stores and reconciled after PSE duct & vault installations are complete Inspection PSE will provide an Inspector during city contractor installation of PSE bare duct and vault system - The roll of the PSE Inspector is limited to verification of compliance to all relevant PSE standards and practices The PSE Inspector will not approve changes to planned PSE facility locations or change orders The PSE Inspector will be the contact for all issues concerning installation of bare duct and vault system for PSE and provide a liaison between the field and engineering for change requests Page 3 of 4 PARK & 4 STREET PHASE TWO EXHIBIT C - CITY OF BREMERTON CLARIFICATION RESPONSIBILITIES OF THE CITY EDA Award 07 -01 -06590 The city shall provide the PSE Inspector the means (survey staking) to verify proper depth of burial and location for all PSE facilities to the satisfaction of the PSE Inspector on site If the Inspector is unable to verify proper depth of burial, location, or grade of PSE facilities a non - compliance document will be issued effecting PSE final acceptance of city contractor installed facilities for PSE Page 4 of 4 EXHIBIT D NOTICE OF REQUIREMENTS FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246 AND 41 CFR PART 60-4) The following Notice shall be included in, and shall be a part of all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 The Offeror's or Bidder's attention is called to the 'Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth herein The goals and timetables for minority and female participation, expressed in percentage terms for the Contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows. Timetables Goals for minority Goals for female participation for each trade participation for each trade % 6.9% These goals are applicable to all the Contractor's construction work (whether or not it is Federal or federally assisted) performed in the covered area. Lf the contractor performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its federally involved and non federally involved construction The Contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60- 4.3(a), and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from Contractor to Contractor or from project to project for the sole purpose of meeting the Contractor's goals shall be a violation of the contract, the Executive Order, and the regulations in 41 CFR Part 604 Compliance with the goals will be measured against the total work hours performed The Contractor shall provide written notification to the Director of the Office of Federal Contract Compliance Programs within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract r esulting fwm this-solicitation. 'The notification .shalLlistthe- aame,_address_and telephone___ number of the subcontractor; employer identification number of the subcontractor, estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed As used in this Notice, and in the contract resulting from this solicitation, the "covered area" is: State of Washington G County of Ki t s ap ? City of Bremerton ' AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Easement and Relocation Study Session Date July 13, 2011 Agreement between the City of Bremerton COUNCIL MEETING Date July 20, 2011 and Puget Sound Energy pursuant to the Department Executive Park Avenue Plaza project to accommodate Presenter Gary Sexton existing and future retail and public space Phone 360- 981 -1025 SUMMARY: PSE transformers and switch relocation, and partial undergrounding pursuant to Facility Relocation Agreement necessary to create retail and public space on south east section of Park Avenue north of Burwell PSE relocation cost is estimated to be 159,099 08 (Attachment A) Relocation is to new easement location on north west side of Park Avenue south of Fourth Street pursuant to the Easement Agreement (Attachment B) pursuant to the PSE design (Attachment C) The relocation is also the first leg of United Way utility undergroundmg The exact legal description will be subsequently attached "as built' and recorded in conjunction with release of current/existing PSE easement ATTACHMENTS: PSE Easement, PSE Facility Relocation Agreement, PSE design drawings FISCAL IMPACTS (Include Budgeted Amount) Relocation cost estimate is $159,099 08 This amount will be funded by the Federal EDA grant at 50% The remaining amount will be part of the new fund 306 Park Plaza Phase II APPROVALS: / /^ DEPARTMENT DIRECTOR (� (�l1� CITY ATTORNEY FINANCE DIRECTOR G� RECOMMENDED MOTION: Move that the City approve and confirm the Park Avenue (between 4` St and Burwell St ) Puget Sound Energy Facility Relocation Agreement and the site relocation Easement, and authorize the Mayor to finalize and execute the agreement as approved by the City Attorney with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ ColQsent Age a General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 �77fi(Ifl(ACFJT 1-4 PUGET SOUND ENERGY The Energy To Do Great 7hingF FACILITY RELOCATION AGREEMENT This Agreement, dated as of May 25, 2011 is made and entered into by and between Puget Sound Energy, Inc, a Washington corporation ("PSE"), and City of Bremerton, ( "Government Entity"). PSE and the Government Entity are sometimes referred to herein individually as a "Party" and collectively as the "Parties " RECITALS A. PSE owns and operates certain utility systems and facilities necessary and convenient to the transmission and distribution of electricity ("Facilities") that are located on or in relation to certain operating rights ("Existing Operating Rights"). The Facilities and Existing Operating Rights are more particularly described on Exhibit A attached hereto and incorporated herein by this reference B. The Government Entity plans to construct improvements to Park St and the City owned parking lot on the east side of Park St between Burwell St. and 4 1' St in Bremerton ("Improvements"). C. In connection with the Improvements, the Government Entity has requested that PSE perform certain engineering design work and certain construction work relating to modification or relocation of its Facilities (the "Relocation Work"), all in accordance with and subject to the terms and conditions of this Agreement, and any applicable tariff on file with the Washington Utilities and Transportation Commission (the "V- D The Government Entity has provided to PSE a written plan for the Improvements (the "Improvement Plan") which includes, among other things, (a) plans and specifications sufficient in detail, as reasonably determined by PSE, for PSE to design and perform the Relocation Work, including reasonably detailed drawings showing the planned Improvements, (b) a list of the key milestone dates for the Improvements, and (c) information concerning possible conflicts between PSE's Facilities and other utilities or facilities. The Parties, therefore, agree as follows- AGREEMENT 1.1 Relocation Work. The Relocation Work is described in Exhibit B attached to this Agreement 1.2 Performance of Relocation Work. Subject to the terms and conditions of this Agreement and any applicable tariffs on file with the WUTC, PSE shall use reasonable efforts to perform the Relocation Work. PSE shall perform the Relocation Work in accordance with the schedule provided in Exhibit B (the "Relocation Schedule") with reasonable diligence in the ordinary course of its business and in light of any operational issues as to the remainder of its utility systems that may be influenced by the Relocation Work. PSE shall have no liability to the Government Entity or any third party, nor shall the Government Entity be relieved or released Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 from its obligations hereunder, in the event of any delay in the performance of the Relocation Work due to any (a) repair, maintenance, improvement, renewal or replacement work on PSE's utility systems, which work is necessary or prudent as determined by PSE in its sole discretion; or (b) actions taken by PSE which are necessary or consistent with prudent utility practices to protect the performance, integrity, reliability or stability of PSE's utility systems or any systems to which such systems are connected 1.3 Adjustments to the Relocation Work. PSE shall notify the Government Entity in writing of any reasonably anticipated adjustments to the Relocation Work (including the Relocation Schedule and/or Relocation Cost Estimate) that result from (a) the revision or modification of any Improvements in a manner that requires PSE to revise its plans and specifications for the Relocation Work, (b) delays in PSE's performance of the Relocation Work caused by the Government Entity (or its agents, servants, employees, contractors, subcontractors, or representatives); or (c) conditions or circumstances otherwise beyond the control of PSE. The Parties acknowledge that additional requirements not contemplated by the Parties may arise during the performance of the Relocation Work In the event such additional requirements arise, the Parties shall provide written notice thereof and shall use good faith reasonable efforts to appropriately respond to such requirements in a prompt and efficient manner, including appropriate adjustments to the Relocation Schedule and/or the Relocation Cost Estimate 1.4 Performance by Government Entity. In the event the Government Entity is unable to perform its obligations under Sections 2 and 3 below to PSE's reasonable satisfaction, and absent written waiver by PSE of such obligations, the Parties shall use reasonable efforts to adjust the Relocation Schedule to allow additional time for the Government Entity to perform such obligations, provided, that if the Parties cannot reasonably agree upon such schedule adjustment, PSE may, at its option, thereafter terminate this Agreement by giving written notice to the Government Entity, and the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with such termination under Section 5.5 PSE's determination as to the satisfaction or waiver of any such condition under this Agreement shall not be deemed to be a determination of satisfaction or waiver of any other condition arising under this Agreement 1.5 Notice to Proceed with Construction Work. At least 10 working days prior to the date specified in the Relocation Schedule for commencement of construction for the Relocation Work, the Government Entity shall either (a) provide to PSE a written notice to proceed with such construction work, or (b) terminate this Agreement by written notice to PSE. In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5 5 •V Unless otherwise provided for in Exhibit B, the Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all operating rights for the Facilities that are necessary or appropriate, in addition to or as replacement for the Existing Operating Rights, for completion of the Relocation Work ( "New Operating Rights ") Such New Operating Rights shall be in PSE's name, shall be of equivalent quality and kind as the Existing Operating Rights and shall be provided in a form acceptable to PSE, all as determined by PSE in its sole discretion. The New Operating Rights shall be provided with sufficient title information demonstrating to PSE's satisfaction that PSE shall obtain clear, good and sufficient title to such rights, if applicable. PSE shall not be obligated to commence the Relocation Work, or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities as located upon or relative to the Existing Operating Rights. unless and until PSE is in possession of the New Operating Rights Pe rmits Puget Souna Energy `6522 Kitsap Way ¢ Bremerton, WA 98312 2 The Government Entity shall be solely responsible for the acquisition of, and any costs related to acquisition of any and all permits, licenses, certificates, inspections, reviews, impact statements, determinations, authorizations, exemptions or any other form of review or approval given. made, done, issued or provided by any one or more governmental authorities with jurisdiction necessary or convenient for the Relocation Work (collectively, "Permits ") The Permits shall be on such terms and conditions as PSE shall, in its sole discretion, determine to be appropriate to its needs PSE shall not be obligated to commence construction for the Relocation Work. or otherwise in any way change, limit, curtail, impair or otherwise affect the normal and reliable operation of the Facilities, unless and until PSE is in possession of all Permits necessary for the Relocation Work and all rights of appeal with respect to the Permits shall have been exhausted. The Government Entity shall be responsible for performance of and any costs associated with any mitigation required by the Permits • and • Unless specifically agreed otherwise in writing by the Parties, PSE shall provide all necessary materials, equipment and labor required to perform the Relocation Work. All materials, information, property and other items provided for, used or incorporated into the Relocation Work (including but not limited to the Facilities) shall be and remain the property of PSE. 5.1 Estimate. PSE's good faith estimate of the costs to perform the Relocation Work (the "Relocation Cost Estimate ") is $159,099.08 The Parties agree that the Relocation Cost Estimate is an estimate only and PSE shall be entitled to reimbursement of all actual costs incurred in or allocable to the performance of the Relocation Work 5.2 Costs in Excess of Estimate. PSE shall use reasonable efforts to monitor its actual costs incurred during the performance of the Relocation Work, and in the event PSE determines that such costs are likely to exceed the Relocation Cost Estimate by more than twenty percent (20 %), PSE shall so notify the Government Entity in writing In such event PSE may, at its discretion, suspend performance the Relocation Work and PSE shall not be obligated to continue with performance of any Relocation Work unless and until PSE receives the Government Entity's written acceptance of PSE's revised Relocation Cost Estimate and written notice to proceed with the Relocation Work. In the event PSE does not receive such acceptance and notice from the Government Entity within ten (10) working days from the date of PSE's notice, then PSE may. at its discretion, terminate this Agreement In the event of such termination, the Government Entity shall promptly pay PSE the amounts payable to PSE in connection with termination under Section 5 5 5.3 Relocation Costs. The Government Entity shall be responsible for, and shall reimburse PSE for, all costs and expenses incurred by PSE in connection with the performance the Relocation Work (the "Relocation Costs') For purposes of this Agreement, the Relocation Costs shall include, without limitation, any and all direct and indirect costs incurred by PSE in connection with the performance of the Relocation Work, including, but not limited to, labor, personnel, supplies, materials, overheads, contractors, consultants, attorneys and other professionals, administration and general expenses and taxes. 5.4 Statement of Costs - Invoice. Within sixty (60) days of the completion of the Relocation Work, PSE shall provide the Government Entity with a statement and invoice of the actual Relocation Costs incurred by PSE PSE shall provide, within a reasonable period after receipt of any written request from the Government Entity, such documentation and information as the Government Entity may reasonably request to verify any such invoice Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 3 5.5 Costs Upon Termination of Agreement. In the event either Party terminates this Agreement, the Government Entity shall promptly pay PSE, the following (a) all costs and expenses incurred by PSE in connection with the Relocation Work (including, without limitation, all Relocation Costs incurred through the date of termination and such additional costs as PSE may incur in connection with its suspension or curtailment of the Relocation Work and the orderly termination of the Relocation Work), and (b) all costs and expenses incurred by PSE in returning and restoring the Facilities to normal and reliable commercial operations 5.6 Payment. The Government Entity shall, within thirty (30) days after the receipt of an invoice for costs payable under this Agreement, remit to PSE payment for the full amount of the invoice Section 6. Indemnification 6.1 Indemnification. The Government Entity releases and shall defend, indemnify and hold harmless PSE from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of the Government Entity in its performance under this Agreement. PSE releases and shall defend, indemnify and hold harmless the Government Entity from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful misconduct of PSE in its performance under this Agreement During the performance of such activities employees or contractors of each Party shall at all times remain employees or contractors, respectively, that Party and shall not be, or be construed to be, employees or contractors, respectively, of the other Party 6.2 Title 51 Waiver. Solely for purposes of enforcing the indemnification obligations of a Party under this Section 6, each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless provided for in this Section 6 extends to any such claim brought against the indemnified Party by or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way preclude the indemnifying Party from raising such immunity as a defense against any claim brought against the indemnifying Party by any of its employees 7.1 Disclaimer. PSE makes no representations or warranties of any kind, express or implied, with respect to the Relocation Work or other items or services provided under this Agreement including, but not limited to, any implied warranty of merchantability or fitness for a particular purpose or implied warranty arising out of course of performance, course of dealing or usage of trade. 7.2 Limitation of Liability. In no event shall PSE be liable, whether in contract, warranty, tort or otherwise, to any other party or to any other person for any indirect, incidental, special or consequential damages arising out of the performance or nonperformance of the Relocation Work or this Agreement . . us Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 4 8.1 Tariffs Control. This Agreement is in all respects subject to all applicable tariffs of PSE now or hereafter in effect and on file with the WUTC In the event of any conflict or inconsistency between any provision of this Agreement and any such tariff, the terms of the tariff shall govern and control 8.2 Survival. Sections 2, 4, and through 8 shall survive any termination of this Agreement Subject to the foregoing, and except as otherwise provided herein, upon and following termination of this Agreement neither Parry shall have any further obligations arising under this Agreement and this Agreement shall be of no further force or effect 8.3 Waiver. The failure of any Party to enforce or insist upon strict performance of any provision of this Agreement shall not be construed to be a waiver or relinquishment of any such provision or any other provision in that or any other instance, rather, the same shall be and remain in full force and effect. 8.4 Entire Agreement. This Agreement, including any exhibits hereto, sets forth the complete and integrated agreement of the Parties This Agreement cannot be amended or changed except by written instrument signed by the Party to be bound thereby 8.5 Force Majeure. In the event that either Party is prevented or delayed in the performance of any of its obligations under this Agreement by reason beyond its reasonable control (a "Force Majeure Event "), then that Party's performance shall be excused during the Force Majeure Event, Force Majeure Events shall include, without limitation, war; civil disturbance; storm, flood, earthquake or other Act of God, storm, earthquake or other condition which necessitates the mobilization of the personnel of a Party or its contractors to restore utility service to customers, laws, regulations, rules or orders of any governmental agency; sabotage, strikes or similar labor disputes involving personnel of a Party, its contractors or a third party; or any failure or delay in the performance by the other Party, or a third party who is not an employee, agent or contractor of the Party claiming a force Majeure Event, in connection with the Relocation Work or this Agreement Upon removal or termination of the Force Majeure Event, the Party claiming a Force Majeure Event shall promptly perform the affected obligation in an orderly and expedited manner under this Agreement or procure a substitute for such obligation The Parties shall use all commercially reasonable efforts to eliminate or minimize any delay cause by a Force Majeure Event 8.6 Enforceability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.7 Notice. Any notice, request, approval, consent, order, instruction, direction or other communication under this Agreement given by either Party to the other Party shall be in writing and shall be delivered in person to an authorized representative or mailed, properly addressed and stamped with the required postage, to the intended recipient at the address and to the attention of the person specified below the Parties' respective signatures on this Agreement. Either Party may from time to time change such address by giving the other Party notice of such change in accordance with this section 8.8 Governing Law. This Agreement shall be interpreted, construed and enforced in all respects in accordance with the laws of the State of Washington. This Agreement shall be fully binding upon the Parties and their respective successors, assigns and legal representatives. In witness whereof, the Parties have executed this Agreement as of the date set forth above. Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 5 i PSE Govemmment Entity Puget Sound Energy, Inc. City of Bremerton By Its A4,-, /i-f L l�.�( y *; Address: Address• ! �f-� - Attn• Attn Puget Sound Energy ` 6522 Kitsap Way ` Bremerton, WA 98312 6 EXHIBIT A FACILITIES AND EXISTING OPERATING RIGHTS See attached easement document. Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 98312 EXHIBIT B RELOCATION WORK PSE will perform relocation of its pad mounted equipment, vaults, ducts, cables and handholes that currently are located on easement at the City of Bremerton parking lot on the west end of the parking lot bordering Park Ave. between Burwell St. and 4th St The PSE facilities have been requested to be relocated to the west side of Park Ave between Burwell St. and 4th St adjoining another City of Bremerton parking lot PSE has been told that the City will provide the same level of operating rights as we have currently at the site where are facilities are currently located. The City will also be providing trenching and restoration for the underground ducts and vaults at the City's expense Once all of these agreements have been executed, PSE will commence with construction to relocate the requested facilities to the new location A tentative schedule for this work to be accomplished is as follow I The City will begin trenching the first part of July 2011. It is estimated to be about three weeks of civil work for the duct and vault installation A PSE/Potelco inspector will be on site during the duct and vault installation. 2 Once the civil work is nearing completion, the City will provide PSE/Potelco ten working days notice for the electrical work to begin. It is anticipated that the electrical work will take ten working days to complete That will include energizing the newly relocated primary system and removal of the cables and pad mount equipment in the parking lot on the east side of Park Ave The transformer that currently serves the pump station will be temporarily run off the new system until the City is ready to convert that transformer and service to a new location This will conclude the work for this phase of the project Puget Sound Energy * 6522 Kitsap Way * Bremerton, WA 93312 8 4V P UGE T S FACILITY RELOCATION /MODIFICATION ENERGY ESTIMATE To: City of Bremerton Date' 05/25/11 345 6th St. State 600 Atfir Mr Gary Sexton SCOPE OF WOW SPECIFICATIONS and SPECIAL PROVISIONS_ Scope of Work. Relocate the existing PSE facilities from the existing easement to a new location with equal operating rights Facilities to be relocated Padmounted transformer 150kVA 277/480 cr grid number 621135- 155672 Existing padmount switch 5 -271 @ grid number 621138- 155674 Install Vista Switch Relocate existing J -box @ grid number 621138-155674 Relocate existing J -box @ grid number 621155-155674 Relocate xisting Secondary handhole PSE Project Manager Dennis Booth Activity Parking Garage U/G Relocation Estimate foi Inspector time PSE Order# 101069489 101069489 %Reimbursable 100% 100% 0% 0% Materials r 9 ;59226; „ ` iO"00-d t 3 4 ti \P Construction - ,1�8 8$,1 '- '$9.414 06 Inspector time Engineering & Management PSE Right of Way - ' Overhead $0 0or � s ;,M ? �( �y F _ S {p '~ ry,�[ {/�p �an +l �... �otd lACttlal Casts.- �S40f�FG �O<. kV,V�� 1V 1z 7,rw - c $���,�9� �$ ` City oi,Bremerton Obilgatiorr $154,09908 ' $ Billing Detail bbini .i /0I Puget Sound Energy, Inc PO Box 90868 Bellevue, WA 98009 -0868 A 4t6 RETURN ADDRESS Puget Sound Energy, Inc Attn• R1W Department — Connie Corpuz 6522 Kitsap Way Bremerton, WA 98312 EASEMENT REFERENCE # 200707310292 GRANTOR CITY OF BREMERTON GRANTEE PUGET SOUND ENERGY, INC. SHORT LEGAL SE / SE 14 -24N -01 E & SW 1 SW 13- 24N-01 E ASSESSOR'S PROPERTY TAX PARCEL Portions of 3718- 019 -021 -0002 & 3718 -014 -001 -0007 For and in consideration of mutual benefits and other valuable consideration hereby acknowledged, the CITY OF BREMERTON, a Washington Municipal Corporation (°Grantor' herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along, across, and through the following described real property ( "Property" herein) in Kitsap County, Washington SEE EXHIBIT "A", ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows SEE EXHIBIT "B ", ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. SAID EASEMENT AREA DEPICTED ON EXHIBIT "C ", ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN. 1 Purpose Grantee shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity Such systems may include, but are not limited to Underground facilities Conduits, lines, cables, vaults, switches and transformers for electricity, fiber optic cable and other lines, cables and facilities for communications, semi -buned or ground - mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the initial construction of all or a portion of its systems, Grantee may, from time to time, construct such additional facilities as it may require for such systems Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee 2 Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area Grantee shall also have the right to control, on a continuing bans and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area 3. Grantor's Use of Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any UG Electric 11/1998 WO# 105063344 / RW-077635 2401 E056 — CITY OF BREMERTON buildings, structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantee's facilities without Grantee's prior written consent 4 indemnity Grantee agrees to indemnrfy Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnrfy Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others 5. Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the properly of Grantor, provided, however, that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof 6 Nature of Rights Granted. Grantor acknowledges and agrees that (a) this easement is granted with the intent that it fully replace all rights currently held by Grantee under that certain Easement dated July 10, 2007 and recorded under K►tsep County Auditors File Number 200707310292 (the "Existing Easement "), (b) this easement is granted as consideration for Grantee's agreement to terminate the Existing Easement and to relocate its facilities currently operated pursuant to rights granted under the Existing Easement to the Easement Area at Grantor's cost and expense, and (c) the rights herein granted are separate from and independent of the rights and obligations of Grantee under that certain franchise agreement between Grantor and Grantee represented by Grantor's Ordinance No 4875, effective December 5, 2003 (the "Franchise's Accordingly, and without limiting the generality of the foregoing, the parties agree that all facilities of Grantee installed and /or operated within the Easement Area will be deemed to exist under benefit of easement as contemplated in Section 4 4 of the Franchise, regardless of whether the Easement Area is part of the "Franchise Area" as that term is defined and used in the Franchise, and nothing in the Franchise (or any replacement franchise agreement between Grantor or Grantee), in this easement or in any other agreement or document will require PSE to bear any cost or expense in connection with any location or relocation of such facilities required to accommodate Grantor or any third party, rather, all such costs will be the sole responsibility of Grantor and/or the applicable third party 7 Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests ansing in and under this easement Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns DATED this day of 1 2011 GRANTOR CITY OF BREMERTON BY PATTY LENT MAYOR ATTEST BY CAROL ETGEN CITY CLERK APPROVED AS TO FORM BY ROGER LUBEVICH CITY ATTORNEY WO# 105063344 / RW- 077635 2401 E056 — CITY OF BREMERTON STATE OF WASHINGTON ) ) SS COUNTY OF KITSAP ) On this day of , 2011, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and swom, personally appeared PATTY LENT, to me known to be the person who signed as Mayor, of the CITY OF BREMERTON, the Municipal Corporation that executed the within and foregoing instrument, and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument on behalf of said Municipal Corporation IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires Notary seal, text and all notations must be Inside V margins WO# 105063344 / RW- 077635 2401 E056 — CITY OF BREMERTON EXHIBIT uff Property Legal Description ALL OF LOTS 21, 22, 23, 24 AND THE EAST HALF OF LOT 25, BLOCK 19, PLAT OF THE TOWN OF BREMERTON; TOGETHER WITH THAT PORTION OF THE ALLEY VACATED UNDER TOWN OF BREMERTON ORDINANCE NUMBERS 589 AND 779; AND THAT PORTION OF PARK AVENUE (FORMERLY DOCK STREET PER PLAT) BETWEEN 4 STREET AND BURWELL STREET, PLAT OF THE TOWN OF BREMERTON, VACATED UNDER TOWN OF BREMERTON ORDINANCE NUMBERS 598 AND 779; ALL SITUATED IN SECTION 19, TOWNSHIP 24 NORTH, RANGE 1 EAST IN KITSAP COUNTY, WASHINGTON. ALSO: LOTS 1, 2,3 AND 4, BLOCK 14, PLAT OF THE TOWN OF BREMERTON; AND LOT 47, EXCEPT THE EAST 9 FEET THEREOF, AND ALL OF LOTS 48,49 AND 60, BLOCK 14, PLAT OF THE TOWN OF BREMERTON; TOGETHER WITH THAT PORTION OF THE ALLEY VACATED UNDER TOWN OF BREMERTON ORDINANCE NUMBERS 689 AND 779; AND THAT PORTION OF PARK AVENUE (FORMERLY DOCK STREET PER PLAT) BETWEEN 47" STREET AND BURWELL STREET, PLAT OF THE TOWN OF BREMERTON, VACATED UNDER TOWN OF BREMERTON ORDINANCE NUMBERS 698 AND 779; AND THAT PORTION OF 4 STREET, VACATED IN 2011 IN CONNECTION WITH DEVELOPMENT OF KITSAP COUNTY ASSESSOR'S PARCEL NO. 3718 -014- 001 -0007; EXCEPT THAT PORTION OF ANY OF THE ABOVE DESCRIPTION CONVEYED TO THE STATE OF WASHINGTON FOR SR -304, UNDER AUDITOR'S FILE NO. 200610020265, RECORDS OF KITSAP COUNTY, WASHINGTON; ALL SITUATED IN SECTION 14, TOWNSHIP 24 NORTH, RANGE 1 EAST IN KITSAP COUNTY, WASHINGTON. WO# 105063344 / RW-077635 2401 E056 - CITY OF BREMERTON EXHIBIT "Bw Easement Area Legal Description THE EAST 10 FEET OF LOT 21, BLOCK 19, PLAT OF THE TOWN OF BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON; AND THE WEST 10 FEET OF LOT 1 AND LOT 50, BLOCK 14, PLAT OF THE TOWN OF BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON; AND THAT PORTION OF THE ALLEY AND PARK AVENUE (FORMERLY DOCK STREET PER PLAT) BETWEEN BURWELL STREET AND 4 STREET VACATED ON AUGUST 12, 1918 BY TOWN OF BREMERTON ORDINANCE 598 AND ON OCTOBER 5, 1923 BY TOWN OF BREMERTON ORDINANCE 779, AND SUBSEQUENTLY QUIT CLAIMED ON AUGUST 1, 1967 BY THE UNITED STATES OF AMERICA TO THE CITY OF BREMERTON UNDER KITSAP COUNTY AUDITOR'S FILE NUMBER 912166; AND THAT PORTION OF 4 STREET VACATED IN 2011 'IN CONNECTION WITH DEVELOPMENT OF KITSAP COUNTY ASSESSOR'S PARCEL NO. 3718 -014- 001 -0007; ALL SITUATED IN SECTIONS 14 AND 19, TOWNSHIP 24 NORTH, RANGE 1 EAST IN KITSAP COUNTY, WASHINGTON. (SAID EASEMENT AREA DEPICTED ON EXHIBIT "C ", ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN.) WO# 105063344 / RW -077635 2401 E056 - CITY OF BREMERTON � I I it z A j 4D EXHIBIT 'rc" I I I P Bremerton Parking Garage -UG Relocate SOUND Elect Order Relocate PM Switch, PUIVJct Vaults, Sec HH & UG cables/conduits 101069489 ENERGY Park Ave between Burwell and 4th Ave, Bremerton, WA SCALE PAGE DESIGNED BY POTELCUWC None 6 3ENERAL SPECIFICATIONS 1' ► l ► 1 _� : R-1, , l� ..lt...a`� " � � ` - � S Boccie n' VJot •••� •-� The C my of Bremerton I do.Woping the propany on the east side of Pali, Avenue netween bunvell St and 41h St This area r fee owned property belonging to the City �1 "..t t l and Para Avenue her, been vacated (nof City ROWj The developer is requesting PSE .J ...d ` i ,,,1a LEGEND ,o mlDcalt all of PSE facihlies that are presently located along the east side of Park Ave belweer Burwell St and 4th St to OCCOMOdate the r Underground parking structure ?„- EXIST Tf^ vUI and some future retail sales site 7lus project Consists of relocating Switch Vaults -- •- - - ?N-- EXIST a2 WIRE Junction Vaults Secondary Handhole and 27 feet of 600A & 200A cables and ducts RESPONSIBILITIES OF THE CITY _ - EXISTING £ECONGnRY SERVX;E LINT General Documentation — — �- — — IEW TRENCH LINF uD k c to be crun 'elect p er PSE Standards & Practices CoWeF of an PSI: - 711e ctry and then contractor shell attend a pre construction meet specifically for All PSE conduits shall be placed with the minimum separation between other utility facilities _ _ _ _ EXISTING RIGHT Or WAY qit p Tito cit n of bare duct and votelt s � y as specified in PSE standard 6790 0130 Rate to the typical utility trench cross section StandsidE are available Upon request s detail in thw work skater, - - -- - - -- EXISTING PROPERTY LINE Work sites shall be field clear of debris amt all construction materials equipment and PSE will provide to the city contractor with CoZIMINiefron plans for the Installation of PSE AD PSE conduits shelf have a minimum of 36 of cover Cover of less than 36 is -- - -- — EXISTING CENTER Lint packing shall be removed dauy duct and vault system All installations shall Conform to specifications contained in this document and all relevant standard 6 790 0136 on a case by case basis provided that such installations adhere to PSE fJLISTI,G CONDUCtoR to BE REMOVED Return all unused and removed p oll S transformers and hardware to PSE standard 6 figure 2 Pre-approval by PSE engineering representatives is requir PROPOSED PULL VAULT p PSE standards C storeroom All copper stud be coiled and returned the day N is removed from the PROPOSED PADVOLINT TRANSFORVIER pole% Remote all unused pins and insulatras Sale1 Maferrals RL The city shall not backfill PSE facilities until authorized by the PSE Inspector [ EXISTING FAm'OUNT TFAmt FORMkR Field changes shag be pre approved by PSE or designated representative prior to Gly shall be responsible for the Security all PSE materials delivered to the job site PROPOSED Ste VISTA SUe•1ERSIBI f %WTCH ?recanstiud.cn construction with proof of acceptance required prior to PSI: acceptance of cornpfated duct The city contractor shall sign material manifest slips ton all PSE materials degivered to the Ei EXISTIRC TOTAL UNDERGROUND 7RANSFORe1ER Notify appropriate city County or DOT authorities 4$ to 72 hours or as required vault system ed by job aria pem5R1u1g agency, in advance o1 stalling work In RighbO! way Involving a Perrrvl - The city contractor shall not access energized power vaults without the assistance of PSE Initial delivery of PSE materials to the job site requires 10 days minimum advanced notice ® NEW J BOX line Workers t0 PSE storeroom [] EXISTING BOX minmum of 48 h ml system f 48 switching hours m s shall a advance be approved by System Operations (425 862 4652) a After the initial delivery of materials subsequent bulk material deliveries to the b she b O EXISTING POLE Trench and Excavation to y customers W all Outages 48 hours In advance The city contractor shall not expose energized ower conductors direct burned or in PSE vendors require; a minimum of li days- all miscellaneous notice to PSIS storeroom t DISCONNECT FUSED Notify 9 9 P ( PSE representatives will provide delivery of all ,etc with m material 3 days advanced necessary for duct eondult) w d L OMOONNECI UNFUSED without the assistance Of PSE Ina workers vault mStagairon such as couplings glue bends, etc wAh minimum The city shall provide ail trench excavation and backWt for Ste Distagwron of new or P EXISTING UG RISER 1Moik Drarn d Docim>lerrs modified PSE underground distribution notes shall PSE e quip om rg system within the construction area City shall provide equipment and tabor necessary to off load material On site a NEW t!G RISER Field design changes shall be approved by PSE Project Manager or Engineer An trench excavation shall conform to PSE standards 5790 0075 6790 0130 6780 0140 1 1 Svc STUB e AD vaults vng be delivered by the manufacture to the Job one as follows talk all held changes 9 , and rig equipment !D numbers and Underground noble infomadon in 6790 0250 t 6790 305 575 and 8rrlagar with a minimum 3 days advanced roltco to PSE storeroom E" DOWN auv 4 red on Foreman s co of worksketch Construct shared utility trench where the various utilities can transition in and out of the PY Constr thd t 5106 and larger with a minimum 6 days advanced notice to PSE storeroom ExLStiN6 STREE i trench tine in an orderly tashbn without slicing duet bank atgjnments of other Utilit Return one foreman s copy of vronksketch to Project Manager of Completion d job I1 vault excavation not ready city contractor will provKfe ® NEW HANDHOLE Separation of crossing Utilities sharing the common utility lim ity trench Is 6 a d wren vaults are delivered VVnen permits are required a COpy shall be available on work site at all tines Afer the new underground system is Installed an energized additional excavation may be micessary equipment to molt - section vaults (seala ntpr ovded by mandacture� vaults install mastic sealant between the sections of O EXISTING HANDHOLE W necessary to y the n existing underground cables into the new vaults This excavaton will AD unused material shall be returned to PSE stores and reconciled after PSE duct & vault be provided by the city with 4S hours notice Installations are complete SR Placement Of other vaults within the trailer fine alignment access w NO ALL PO TELCO CREWS CHARGE R to PSI- afarioards 6975 3000 line 6275 6000 for system ground requirements PSE 1aclktiea Is not allowed ce ►n act ron L Refer to PSI, standards 6975 9050 for personal protective grounding requirements - PSE will provide an Inspector during city contractor Installation of PSE bare duct and vault TiNME TO W.O. #10201069489 Rater to PSE standards 6275 9150 for vehicle grounding and barircading Vault Installation system I re q uimmen•s City slug Install PSE vaults in accordance with PSE standards 6775 0035 and 6775 0040 The roll of the PSE Inspector Is limited to verification of compliance to all relevant PSE ` Vault hole excavation shall be prepared level and tree of debris with a minimum e• base of standards and practices The PSIS inspector will no! approve changes g to planned PSE Proper me ceearances shrill be taken W the beginning and released at the end of crushed rock to prevent vault sesettling settling each work day or as otherwise Instructed by the System Operator PSE Vaults m planter areas shag be set 2 above final rode facility locations or change orders L Provide signs barricades and traffic control in conformance with permit regulations PSE Vaults In hard surface locations such as sidewalks shall be ad sled to match finished The PSE Inspector will d the Contact for as b iss concerning Installation d engineer of bore dud and n and o her vehicle traffic control as necessary and in contamance with grade prior to the Installation of PSE Conductors and veldt system for PSE and provide a liaison between the field and engineering for change Uimze flagging 9 ry etltlWrlem, tiSefamum adjustment up is requests. local traffic regulations 5 - more than 5' require and addlbonai near y pr Inspector ( li Note The city contractor will not be allowed to make vault The burial shall pr the PSE Ins for the means su rvey staking) to ve rity proper depth Maintain traffic sow as requred fmtl adjustments alter PSIS by Pe ring agency o1 banal and location for all PSE tadldfea to the satisfaction of the PSIS inspector on site If vkMkyMap conductors and equipment are energized PSE Ina crew will perform the adjustments on a change order basis the inspector is unable to verity proper depth of burled location or grade of PSE facilities a RO ADRUNNER PG x cs o non document will be Issued affecting PSE final acceptance of city Installed FOREMAN (CHECK BOX WHEN COMrNJcTED) E�T > r - H Eno & Sedmnrnt COntiol City shall provide all surveying necessary to assure all PSE vaults art rnstaged in the alignment location specified In this document The a taC gitros for PSE t} Farr`" ""' rs ice a "° = — =PE "o''" Refer to PSE standards 0150 3200 for a a ` minimum requirements efevtRionf city shall be responsible for establishing ` # i 7 me cxu nit a nsei a r If or PSE vaults r wueYA+jif2R3omA Crimpy with all requirements of permitting agency AN PSE Vaults shall be clean and clear of construction debris with all knockouts and cover C I Tap�aree �°" , 1 s Installed erosion & sediment devices shall be maintained until vegetation has been adjustments grouted to PSE satisfaction prior to PSE a m delve M bare conduit 8 FN == m- established a disturbed sod has been otherwise permanently stabilized vault system 9 delivery ri Q-cc 0 o.+wi J G OrJNwv�eem ", t ` N � C iJ:ePiTl CAM WefMeercealenfaLYK.eKWneM Fein , a Joint Facilities S &C Vista Submersible Switc Vttuq In slallatiOn , oa , ke ,, , L1 ,, , W , i f p 4 Vista vaults must be set to Gnat grade Cover cannot be adjusted more than 3 inches Unless —_- - -- Coordinate w4h Communication Companies for transfers switch is raised in vault with special noricode a4justment stands - .( > r f S TE J DADEhY > K t NDERGROUNp CONSTRUCTION Conduit Installation Cl sae K i I i on 1 rxi � 1 ,, a < " All PSE conduit Installations shall conform to PSE standards 6800 6000 6600 8050, and �r Frewe teF - —i —� olaLSees ooa �-v ' 6$256595 OB Exctivation PssTSSP nn So+oro 4. N` Trenehtng outside of the Right -of wad shall be of suffcierd depth to provide a A11 conduits shall be fouled and installed per conduit tables installation diagrams and ua Re cow WA ,oasro� o $ minimum of 3e of cover for primary conductors and 24 of cover for secondary details In this work sketch 1G6 ren7e wA __aoeoraon _ e —� The shag ng e- conductors Y Woof every PSE conduct run prior to final PSE acceptance Proofs is i Road crossings and 601 trenches udfin the Right-of -way watt be of sufficient depth to defined as pulling a mandrel of the some diameter through the conduit Mule tape provided Owner / Developer Contest fafo - - minimum of 36' of cover for all conductors ore$ required the g by PSE shall be pulled m behind the mandrel in each conduit run as evidence of r cJyaen provide a min q Iry permigin proofi xsmas F A9enq A plug shall be Installed in all spare conduits — - --1 - -- --- --- eoemenen.wAawr r All conductorslcondads shall have a minimum of $ of bad and S` of peon sand All conduits entering PSE vaults shag be through the appropriate knockouts to ensure Ant s ysa.° woos "or, � vsimv ms"C"001N.aa.�os rte cox. cover proper Cable lay Vault entries pausing cables to cross each other in the vault or lay in the 0 ft"', re eatirae men eyi i eracuL Fat n2a si »I vault uneven willber a raTlasr ee°'ra'o°° a7ncx No rocks larger than 6` shall be inducted m bacMiO unevenly reje and CDTtected at the expense of the city Connects CALLCO)4244555 2 aW WESS DAYS DESoRE YOU AG ` Backbit In road Crossings and within the Right of way shall be Compacted to 95"/ Ali conduit entries Into PSE vault shall be siralgtit and level with a nnmmiv PoTEwo DESIGN AND xn of 7 straight 'taxer, K"~0 "uK"~0 nea,re ®„ N, 7.neq, vu 7oi: rs+ee WI V r x+:oevunee density or as required by the permitting Agency section outside the vault well and 2' on conduit extending Into the vault with beg ends DUALITY ASSURANCE of egn rseRxer ® Nit REAL "7 1Al LrJErn P&ROW 7rrprG ReySaC n its to efWa Revs, MS Restore all excavated areas to original condition installed TM sell @n ux rrip'xs wan PSIS 4 PSE conduits shaft be piatxttl in the trench maintaining a minimum of 1-172 of separation oesgrdi mviee,tiR Seawards s — - FROCFC HG R w n 2sos <�s or Lm r Vaults S Kandholes Use conduit spacers (provided by PSE) every 10' Any=vamitim hb" been PSE conduit runs shag be placed straight and level Should R become neces 10 alley P +a aDYOVedA4CimBn eE DY the 1 ENOR PO %TiW ' 13 a soe h taa8Wa7E7 a?Jn Refer to PSE slandaro 6775 0040 Vault and Handhofe Installation' ry a ww6ate PSE Represeamwre Rum I nit+: sT DESCIRwrioN ENaR GAS I WA r?A Vaults shalt be placed level and 2 above final grade in landscaped areas and gush conduit alignments to avoid other utilities the maxmhan bend radius allowed is 22 - 1/2 COUNT arceaea w>vnv PDNFRVAGCiN opimm Fort o ,yon L alt final grade when placed m hard surface areas degrees Bend radius greater than 22 -1/2 degrees require prior approvel from PSE 512 t�vurw K4.1Co. NA rev OnmW cc e - rE By A minimum 6' bed of 578• crushed rock shag be placed Snider all vaults engineering representatives FtNI KUO su LEC OPNNP P NATrtAI' APPROVFDDY ° All coroua eraances s►lad be grouted FA,. 11— a Wa"rnT24NAI! M 1 !n r MU410F1 41211/11 are "WHO(Pampi jOrICa7 CK1 xAF 7 CDLCUIT NO roREuANW _ l ondue+Crs &Con.fult j— ____ 24o+i:m1 2eolec7aA Aw1Em7 I ar�1. vArFING r - -° - - i" Refer to PSC slantlard 66DD 6000 "PVC Condu4 Insiallation' EROSION & SEDIMENT CONTR REOUI REMENTS - JOINT FACKnasARRANGEamura Unless splices are called for or othenvse noted or approved condut risers shag he EROSION & SEDIMENT CONTROL SHALL BE PER PSE STANDARD PRACTICE uranr¢s a ns y Circa l P sEftl a rYA a_mlaa De.v.4 LwtJi ` pluntbc0 directly :o !O id crossing conduits 01503ZD0 TECH C0111AC .L.C. e. TECHNIQUES FOR TEMPORARY EROSIOIt S SEDIAIEINT CONTROL -- - f a.A —�_ -- Install rrsulat,ng Caps on oil unused primary bushings t .ANYADDITIONAl. LOCAL JURISDICTION REOUIREMENTS WK)NEF ssu47ba2r �acaxo-ua I 2sabr42•EC t1A All spare CO BURS Shall be Capped at each end (LOCAL JURISDICTIONS MAY HAVE ADDITIONAL REOUIREIIENTS INCLUDING WOUFa1 NAtn NOTES DETAt LIn G WHERE EROSION OR SEDIMENT CONTROL STRUCTURES PUGET Bremerton Parking Garage -UG Relocate _ Wk ARE TO BE INSTALLED CROSS SECTION DETAILS OF 1 HE TYPICAL ieW it. PICAL EROSIOIJ 50UND Ree fW Stv,kA PuIJJ41 V60, S HH b UG Cra,kRJCOndJne �' ' } ISTRUCTURES 6 SPECIAL REOWREe tErTS FOR WORPorSEet1' ENERGY i F „s A.o mLrt.,e Ya'oceewcn MY en�mc WA Dtsnwaoar POTElC01NC 1 , n , � 1„ EMC11W tnOCAVLi 5 21IF4 tW.C2N AO • S INST N O FAA 5TH S T. RAA t MI CO 14 EMt1Y�I / GK / CO cONaua i f —i t _ . _ r CIRCUIT F EET ADDED 2476 r` CIRCUIT FEET REK40VED 837 1 ! 2+1 EAU•7Y 1CfLIPiY - ... ._ __ _ .- __ __. _ ._.. .- ..�$i iVR• F'c 11 1 7U ca�culrL T BREAK V aul t & Equi Tabl 5 r -Site APprexrmeJt. Vaul Glut } Waking T^ Vault SME lype6Size Pmm�+(,rBwhtnps - lroratomxl )^ ._._" REIrARKS ..._ ^.� AT SWl (SWNr271) _ Statxmt, 1 Loc - I Number s -- - i� Cover ( EgmWnent i IDNUrtbns 1 i O(lsrt 1 OI r I _ -- m 191 ` J IMP GRID 6211 38155E70 = J01 NfA In ExtsOrtg ( £21155 WA 48 x7k5'VIL w! I W1, I 4 1 Vattl 10 Be. Rwnoved y - 1 �p g OW 2 3 Sq DPC H2O Ltd I I SM4TCH PMHB Existing ROW 1556%4 1i ' SPNIL Etc EMPTY CM SE RIAL R FAtwd /2fi920.' Magi __ A �� 7' N at W07.p6y 1 702 NIA In Exlstttly 621138 NIA 4'6 x7 x6 V11 wJ ~ .Box BeFo•v Grade -- - - - � - vmm To Be Roatoveo - - 'Y S / Iii is t n�u 5 Exis1)ttg Easemenl 1556/4 2 3 Sq OPC H2O Lid J -Sus w.sPos II s 1 6 (SAVI E03)) T d 1.4 ' llFdid 7Ffi37Q+ Matte Ext r_ 1 2-6 - r SW1 N/A In Existing 621138 NIA _ HH 5106 wl3 Sq SW PtA 01131 PMHOII -- - �l - - � -- �! VaWt d Exisf Featly bw4th (SVtkS - 277) _ Existing _ Easement 155674 8 64`x60 Hate 2Sw 2FU 15kV -- _ - - -- To Be Removed - -- ] II STALL 4 4 r t /'A bAAWh EX 7.4 SPARF I'M VJ01701P3 ►S:td 75'06504 Road Exial - 02 os —� � / 1 _ AT SW2 (SW#5 304) Pv1 N/A ' In Existing r 621937 Nm $x71 X? 5106 VR w, j WA ^� -- Vault 70 Be Removed I C� TN '4ATLY6 _ ] Existing Easement ( 1556/3 ( 3 s sq Adlusteble 7(20 I Ma GRID R2t14D 1:b5f(tK sd' 7907110 Malld ; 2-4 ��ASIAiIt 1t, SWITCH VISTA MODEL 11 I Vol N!A - M in Exishltfy� 621135 Nth 4 6 Sq Vii kI 7WXVA PM TRF - j -- —� „ - -- IP4 ! t J t t Ca7NeilACS536 AAESW7 *AE6536 k � AOANDOVEXa4 aPAPFFLI OITOJaa ID* Existing Easement 155672 w/aa7c20'tlaa t 27na8U . } 7o Be Removed WSTALIL 1 't a SERIAL G } (PM TA to be remrtral per PEE R j _ Exsl _ 105089344) � - ROW 155678 Mabtl Exsb Motd t INSTALL j j • I } 703 ExtsUng N/A In Existing 621127 WA 5 X11 X7 5105 Vd w/ i Below G1ode t } JNSTALL ;I ! 3364AdjustaNa m H2O G i ! Remove existing cables ImSW7 INST SWt15 46 4J ! i ..k<�, 1 8 Poll In new gables to SV14 ; t Mafitl 7901110 1 Ma1W _ _ _! ( (See Pn Coble 8 Con duit lab*) 1 t s 6 Pull urSTALt j I d M PV2 N/A In Existing 621127 I NIA 51X17%7 5106 VtL w/ Debxa Sit ! Remove exhb 2 runts of 750 cables Im S i j o D 155566 Existing j } 1 ) AT SW3 (5W# I 119 i �� 3 ; Existing ROW 155675 33 Ent Adpn7abla H20 7501AC1A u Sy'xc� Pull m new 2 Hats of 750 cables; cables; 7o sWr MOOEI s - 3 GRID 1 1 j (Sat Pn Cab%d Coadud Table) I INST N O I 1 ; S j SWITCH V15TA MODEL 9 " _ Magid_ 70071 f >Aa1M SPL7L-0 I ( _- I _ tna18 760 S ex SP - -� tASSTALL ' t 1 i IDS V02 N/A in Existing 621127 NIA c6'sq VO w/ Below Gtad0 Y � Rrraae existing 410 sa: crbks - t c / JJ I L.. 66; J �� 2d 1 j SfJ1IAL4 ___ __ - _ Existing ROW E 155661 3 Eq rv1 AMtSkd litl� T11725kva 711 ;. to new l(N3 i c INST S1M1715.304 i I l S I E / ABANDON EX SPARE. CONDUITS I _ Msid Exa Maid ExWi _ _ I_ _ __ O I ' tb jPV,JSVla) J04 t NIA In PSE 621135 Road sum, 4WX7x6•Vn wl Below Grade i �- New 3 -Phase J.aox INSTALL - Ell: (5711 suty New I Easemenl ` 165677 East 23 6% DPC Hill (3) 4-AX Pn J•OL=$ 9 3 Inst J•Boxes on Eat Sdc C (51" ex, I w/ AM Skid L10 WAImtRwcaNea I 1c `!1 i (See Pn Cable 8 Conduit lable) '+ MAW! SM162 Maul 762W I JBOXI5L 6 103111 j ,-,Z + -� } (Q n SW2 NIA In PSE 6211449 WA Vwa1867 Ad1 wASW Red. SW SUS Oat Sri, SW VWa 431 INV (sbde111) Now � semeEaCC m 155666 8AnlFWd j 3Sw 1Fu 15W I Irmtall pummi cables Pet awvttlttlMO.ta u 1 ! with 9 Fault h �Q �0�q ~'" ' t 5- � VISTA 70 BE INSTALLED ON SOU7H SIDE OF VAULT fttl - IMS1ALt z! Maud 9996777�Head --- 989..'163 Instal new elhows 8 food -alru bushmp f ?G•fib4 t ( SW3 _ WA - - In PSE ( 621150 N/A Vatdt687 w1SWRaek SW SUB SF6 t New SW tSUBV3IS 805620001 1 c t t I �! 1 Viste,422luv(Made!9) J�,�S�t�1]II'�y,i 707 maw E esament t- 155666 _ 8 Ar"kid 2Sw 2FU 15kV 3 Install primary cabin Pet umitch UeU is 1 SVJAS -905 1 with 6 Feu4 brificore ' 4 J� -I j t i 1 IM AL t,p3) I 1 £S.'39k ` VISTA TO BE INSTALLED ON NORTH SIDE OF VAULT 1 ; hstall now e>tivAs H fetid ihru bushing y �(�yWY aAESSao 6b _ _ 'AfK053 AO xAES547 f8. : T— McUd 9998177 klatd 88967& __ I i (SUBV 126.6956 2 000) _ p YAF 59� JD5 - NJA - in PSE 621155 Harld Sdt ]] Irx?'xb wl w/ Below Graft } 1 - Now 3•Phaw J Box ! i 1 ; i� REtr.OVE f t m a t S1V1� Sv05 -271 New i Easement 755666 fbrlh 1 25 sa DPC H2O , (3) 4 Poo Pn .FI)uses I 9 8 I fruit J Bares an stxlnt Side } O) %^^rJW4f~AAAAAMAAM ARM ISS3540 NS OF 76011CM(SW1 Pu ll w1 A1alSkid Lid ff i Pull m new cakes RE� 3xF ( ) 8 1 S531140 OAFK130� O � I 1 i (790X151 (S� 0 ble 8 Cotdwl Table) 5111 �.. tvcii 7!)OMCN 8 P� 75m1CM (SW1•PV2) OAF913240 I - t _�_ 1 1 i (O 1 Liana 9896162 Mold 7625900 a r RE aAES53 AAK1 G 1tZ JII N/A In Existing 621184 WA 48'x7k5•Mlw/ J4MxBelowGratk 3 __ -� Initial) NO e1exstmgtab'es6'MG860Ala t V4 I fAES5354:0 AAFX131.(i0 1 I Existing OW 155675 2 3 S DPC 1120 Lid I W14 Pas J-9NS ., 1 {} _ 1 PAFX132 E.0 9 1 1 q AAG965•B AAG866 CB 6 Pus m my cables 1 I V •�, L E b (See Pre Cable 8 Colxlud Table) t3 t 1P3 •' i ___ __ 7Aabd Exls 1 Maid) Extatin _ t> } I I C m) I I HX 1 I L (, ,� 1) 8 4W NIA to ExtsOng 62 NIA } HH 5105 w! 3 Sq SW PM Dist PMN77 i ^- Install 3 -Phase 750 cables in Cc" d2 t 1 ) FJClsiing F_asemeM 755705 Httle 96w 1Fu 75xv i{ wdh3 faualntika'a Pug in new 760 cables to SW3 ! c`y tl I ---- �\j - ..,. - -J n 1�'�0f1 r3'd.YkU Vp1 } I M agid E_wst Ma Existing 1 ___ ( See Pit COW B Conduit Tab 3 V IP2 ` i ��'- j e ,+:Fr �%,I OL _ I PRIMAR REMO ONE -LIN D a IiNZ} �I1 ^ :TALL A�e -- _'_'_ -.—. _ _"_' Fa aerecm erle.. aaa/tcseAtl tisE Oab6lrn 1 �� +1 �, EX r'7a TRF 10 BE Rket01'E0 HO7405CALL CAII PPa)aNfi5i6 - INST N 0 l I T 34.1606M DAYS BEFORE YOU mu 11 ( P ER P:E WOxitS0633at Tr51.x1Cn W 1012 MIxo VRRtr W FaK1.MA1bI V tt�truGt,24nnA - ? _ _ _ ., _., _ „ �,, _ REALESIAIFJEASEY N PERL•li mew/ m- t Gt of Srrene.x., vumaION C PMME7.0 I GATE a BEFORE CONSTRUCTION ( _ PRIMARY CABLE REMOVAL TABLE — T PROJLC7 Milk Der oE00th 2634M.76 716'2011 1iG ( ER POYlcn M-6 BOOS a SPARE V8G4 +7t, tFno11 Y r SE EMPTYCONOJ1T5 LOCATION PRIMARY CA LE 24 REw DATE aY mcel I I .� �_ -_- (JD27041 I i l"Im ENGR GAb Im xrA IIV t t 5111 ASBUILT INFORMATION JIX+ -I -- PO O4s1 1 - ' " OINTY Emc.Sen 11GS 'NERIA.C,R DRA PY Fm <P LT cab lee ���LENGTH Cable Huntbers Pioase Record foremen Complete - #�� `,� 1 [x 21KUts3auG75oxcrJlPVSrwn. I Design I I �/�� xaseCO t:A ItV. aar~y CMECitfU BY _ C f %AFK w �x t•B2 CSAAFFICI[M- 'CC,EO$ BUR ►YELL ST ' (f1) 1k EEC oP MAP PIA, NAP APPROVED 4 - • • -- - T - - ---- PY&c1b 1a4tLNlW tM nH. __ FpRENNf f1_ j dE %1RUN36U8I10(SVn -103F 1 tAiK05' 054 Clr CAFKO5YCO i M TO ! I IYIMP Np(POnER1 F.; N Cx1 LIAP WCK7 VAP GRCI)Ii A7) 1 0 f' � FROM _TO Size _ _ A B C IAanul7sckue Year Actu Rarlmvetl (COrdud 8 Cab e} a <oreosl TraEV1w _ - '� - Ex uc sec vrltES. ' S ITE PLAN -- Awl - Pin T50MCM 20 AFK130 AFK131 AFK732 - Joel` FACnnss ARRAMEPENTs 2., O•O,PLX IN I I 2-f CON111NTai i SCAIF °c2V Sw1� PV1 T6WACM 3 20 AES533 A66634 AES535 utnmEe o /A.s1 Carew PaF me.xo law CWITACI wnoty t J-t LeCUr Ix +/.O a..% NA J - - -L - - - 3H _.J7" " „' -363 G} -^- - 1 --" - -- -t - ` i� _ PVt PV2 7501 /CM ! 270 AfK130 AFK131 AFK732 __.___ ,^ _ ._.,._ PV1 � 750'X!_ j�!20 AES533 AES634 i AES535 _ _- ___ _ - i rKOxtc xa.raa4ss asoa+asaa asaatsswc M Llcaxhl MAW " Set _ 02 1 0AL 40 AES53g AES o pES541 _ _ _ _ _ _ prE:mellon Parking Garage Elestm0 �� �+ (• - .} ^`--/ SWI 7 09 _ 1I0 AL 917 AFK051 HfKOF14 AF K05,5 DICE. 1 20D5 T � - � - � SOUND PUGET -UG Relocate {r �Ekr!L: _.... Ra.a:a7c 1`N Ew.,,.h F4£IJL1 Vavx 5_c HI' L ti ESbJ:a¢ondu� xw tONVYt6 1__ 702 -s � Voi _ _VOAI _' _ fA AES59F AES537 AES538 7 ! --- - - - - -_ _ -_ - i ENERGY Pp/.Ar a+wo +h.evxrxw emAw enmc4a, rw ELia7n _- ..-. -w .._I_ --- _1 __ -_ 5V.( tAGt % w Exisuep DESloxmar POTEL(�)NC s +,P 2rA ExIFtl,.ltC,'uAOE X SW4 NAC13965 SW#5 -259 "LVlu:t ce 3� r � s 1 t0J) ExiF71AYt 1KCAFIF EXIS i T )3VGti211AS r Y G� Ci1 FS b AAGtEe ,AO 1 "tli f' 15 705 {Y tr `x-74 tr0 A _ t ' Ito INST N O K � , ��7 rAt 750 Al JK1 �? �- " - t ! JK7 . t FR0.i JD' 70326 (IM CAELF) fl0 L tt- -11--- 1•, _ __ _-- _- .,.,,. -- - -- ✓- -;/,�_ _ _____l_� _ NEW w Arlo•+, � ,,, -o , _.._ _.` _ _ rAFI%O^ -ate eAf v IN f , eutRlo CD � �K "" --tk - _ _ _ —_�� - - x - _ � - .-- v Q SW3 F•c' ` =nv` — G . F _ ' — _t_:._ f . -...,. [= 'vezSt Exlc I INC FROM SM TO SW4 (r501ACIt CABLE) r, •va: -. eo �' aFK�e6 -• -�. - " - 1 t i I 1te• t I c�CtitYS` rAFK✓4A0 AANUAB: 4YFKW4 M (CHARGE 74 WTV10107(CCE; BREAK Fx,£T,NC - � » _ _- -4 - " e xts T lNc Le JaGt ISO Al JK7 l _ J l + 750 At JKT M TCH DIAGRAM FROM JOA 10 JOE (110 CABLE) 1FRU)1 SNJ ' QSO!!Cli CAOLF) rt4 PDC4JYA LAFMCY.t fife ttsMUCw C0 orFX644A5 4'AFKSSt"58 xAFKasOC6 (CtM.R ° " ovTw "' nTCatt> E ToI'VCh te 70Ut, P MH PAD MOUNT SWITCHE - 6056 10_0_0 PRI CABLE & CONDUIT _T I _ _ _CONDUIT PRIMARY CAB -_- - -_- � --- - _ _ _ L i 1 F _ _ _ _ _ ASBUIL y 4 f �,6k --� � , ( �k -- ) S T LOCATION ISa - e Ot r Des nl _ A.1.1 BENDS PULL PULL s. FR OM SW2 TO PV2 __Cables I Des n Actual - Cable NumbEts Pkar RecoR7 t Y' Hwomnn Length I Rev Length( - - �_- - -' 1 - FR - - p -�t-1_ to Ir I ft LenQUt 4 • 11 ro Itss _ �_ _it) ten _ ton 1 _ _ _ _ _ 2tou _ C)t 3 TO J (1 SW0k M rae)! S - - -..- -- ..t_�_ .I__. C Alanulact..rct Year Actual A Instated (Conduit S CaWD3 ,,,_, —_ rAFK64 414, "FKL47 ad rnrxStELB IP4 I E i 1 CONTINUITY a S W3Q5 7 �r �� CONNECT EXISTING 2 -5" CONDUITS A7 IPt &PROOF CONOU)! CO 1Pl _6 J 2� 110 2 M _ I - i _ I _ 3 i 4 SW2 PV2 ( _� _ 1789 2219 760 MCM 2�D AES593 AES53a AES535 - I !INSTALL 750 SPLICE CABLES EXTEND WEST ON BURWELL - -- _ -- - -- ----� - -- L�-- �__. - � —1 __ , INST M-0 3 r (f - -- 1 AFK644 Ae SW2 PV2 1 I I a 1 i - f 11) I _ - - 1789 221 - _Tao M'CIA 241D _ AFK130 AFK13! AFK1 INSTALL 750 SPLICE CABLES EXTE EAST O N BURYVELL i SU9V22S AFK64"0 SW4 ACM -1 -��_ -.. )_ -_... _.- - - 45 lcoALJKI - _ pFK64aC0 SW2_. _SW3 J 6 7 I - 3•�- -- -•-� 237 1 237 T M A7 ! 23 - AFK532 AFK533 A FKS534 y� INSTALL N O AT SVV3 1 ' SW2 SW3 3 - y t _ _ _ - -- - - -- - -- - _ _ I 155666 1 . I t� AFK532 A0 SW2 �--- -- -- - I t--; f ._. -. _„___ � - t l, - . - C ONDUIT ONLY t FROM sTtr TO rvJJ 010MCA1 CABLE) S 760 IP 1€f 63 - N 0 + STING 2" CONDUITS AT IN b PROOF .4 -� �� ° K SW2 IN 4 2 7i0 CONDUIT ONLY - CONNECT EXI I i I _ CONDUIT CON TINUITY FR OtJI SVJt 70JD3 _ e Wk! KSa� -AE rA7K5 ". -1)a sAFK, 4 C2 t 0 8 - --F - -� --- _ LKT NC AT SW >� { I f1}T N 1— 1 I i — CONNECT EXISTING 14" CONDUIT AT tP18 PROOF CONDUIT CONTINUITY oT! SW2 IP1 4 1 110 I i 1 FRO SW2TOJ03 c 155665 ,S 170AtJK7 (FOR SCH74) - ,.___ _— _ _ '!F7 ° f AFKS4t q0 SW2 JOS �_. _ I I i 884 987 AL jK7 3 20 I AFKS35 AFK536 AFK537 INST SVJ #5 SO4 - _ ,-' S `! UDv33S tm AL JKT 7 1 543 OID JOS - CONNECT EXISTING 1�4" CONDUIT AT iP2 8 PROOF CONDUIT CONTINUITY i, a5 ucs 3 CO IP2 J04 _ fi 1 50 I - I I �- M -_ I f� __ -�- FROM J04 TO J03 45 J04 J03 _ I I ( 1 403 I 45 1 ttoAt JKT� 225 AFK5381 AFK589 AFK64D — INSTALL N O AT J04 {CH TO #10i 07C006) i Y Y,tTA a,t+TCHr.A3fAw 4+7]wri w•Acrt _ -- __ . z G " ))� f I t - ^ ! 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PHONE$ STAa)4A4r• X<J1P tutu I 7s7ta&7.Ca� R, �� UNDERGROUND CIRCUIT MAP X2 E0 51) Puget Bremerton Parking Garage UG Relocate ��tvA , L~c1.0 aoNF _ — _ 501JNA Rcbac PK• Sxuc , F GUct VaPte Scr 104 £ U6 a,LC Jrs u ui: r , (t0xarxa� AFTER CONSTRUCTION AFTER CONSTRUCTION ENERGY Put „ k tA.,E,.....o a•AY Ae„ene VK swi oE6KUtFOm POTELCOlNC Ina K AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeaeeeeee eeseeeeeeeeeeeeeeeeseeeeeeeeeoeeeeoeeeeeeeeeeeeeeeeeeeeee eseeee SUBJECT: Professional Services Study Session Date July 13, 2011 Agreement for design, bid management and COUNCIL MEETING Date July 20, 2011 construction oversight for Park Avenue Plaza Department Executive Phase II —A between the City of Bremerton Presenter Gary Sexton and Lorax Partners Phone 360- 981 -102 SUMMARY: Professional management services for the design, construction and management of Phase II —A work including but not limited to, undergrounding of pump station at the SE corner of Burwell and Park Avenue, relocation of transformers and other utilities as defined, alley elevation modification, parking garage cladding, pedestrian and vehicle surface amenities, etc ATTACHMENTS: Project Management Agreement FISCAL IMPACTS (Include Budgeted Amount) Total fee for services is $90,000 This amount will be funded by the Federal EDA grant at 50% The remaining amount will be part of the new fund 306 Park Plaza Phase II APPROVALS: / DEPARTMENT DIRECTOR r' e 6 a t l � fG � CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move that the City approve the Professional Services (Project Management) Agreement Phase II A with Lorax Partners and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION ❑ ConsInt Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 PARK AVENUE PLAZA GARAGE PROJECT MANAGEMENT PHASE II A AGREEMENT This professional services agreement is entered into between the City of Bremerton ( "City ") and Lorax Partners, LLC ( "PM" — Project Manager ") as follows 1. SCOPE OF WORK- PHASE II A: a. Design, bid management and construction oversight for, i) Undergrounding of pump station at SE corner of Burwell and Park Avenue ii) Partial same location undergrounding, and partial relocation of Puget Sound Energy transformers and switches currently located at grade level on east side of Park Avenue north of Burwell Street, to location on west side of Park Avenue near Fourth Street iii) Alley elevation modification south of United Way iv) Alley utility relocation including PSE, telephone, communication, alley surface storm drain design and installation, pedestrian and vehicular surface amenities including concrete, pavers, and lighting v) Parking garage cladding design and construction A) Design, construction and installation interfacing between Parking Garage construction (Phase I project) and Phase II (Scope 1 -12) design and construction b Construction Drawings PM shall cause the Architect and other design consultants to prepare the Construction Drawings and Detailed Specifications for the Project for the City's Project Manager's review and approval The intention of the parties is to cooperate in good faith to provide a completed design which meets all Requirements of Law and is consistent with all Project design and cost requirements and the building quality reflected therein c The PM shall oversee all design work done by the Architect, Engineer, Inspection Services and other design professionals for the design and development PM shall expeditiously review design documents during their development and advise on proposed site use and unprovements, selection of materials, building systems and equipment and methods of Project delivery PM shall provide recommendations on construction methods, availability of materials and labor, and time requirements for, installation, construction and factors related to construction costs including, but not lunited to, costs of alternative designs or materials, budgets and possible economics Bremerton/Lorax Partners, LLC Park Avenue Plaza Garage Phase II -B Pg 2 of 6 d. PM shall lead the procurement of the bidding process for Phase II (A) phased work, establish bidding procedures, issue bidding documents to bidders, conduct pre -bid conferences with prospective bidders and field questions from bidders and issuance addenda as necessary Work with the City's Special Projects Administrator on the future contract document e. In consultation with the Special Project Administrator, the PM shall oversee the course of construction and shall conduct such inspections and testing of work to insure that the work of each Contractor is being performed in substantial accordance with the requirements of the Contract Documents in a good and workmanlike manner, free of defects and deficiencies in work, and free and clear of all liens The PM shall reject all work which does not conform to the requirements of the Contract Documents and cause corrective action to be taken E The PM shall and implement procedures for the review and processing of applications by Contractors for progress and final payments g The PM shall secure final close out information from the contractors to include but not be limited to warranties, as -built drawings, lien releases, etc 2. SCHEDULE: Commence work dating January 1, 2011 until completion of construction 3. DISTRIBUTION OF COSTS AND PAYMENT SCHEDULE: The distribution of fees and payment schedule is as follows with reimbursable expenses paid in addition, directly by the City The total fee for services will be Ninety Thousand Dollars ($90,000) • Payments of $15,000 per month for 6 months The PM shall submit regular billing statements 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 PM shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensations is modified in writing signed by the City 4. PROVIDED BY OTHERS: The following are excluded from PM Scope of Services • Surveying • As -built or record drawings • Geotechnical Consultants Bremerton/Lorax Partners, LLC Park Avenue Plaza Garaee Phase II -B Pg 3 of 6 • Construction and installation • Sales tax or any other applicable taxes • Special permits and fees • Testing and Inspection 5. INSURANCE: PM shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arse from or in connection with the performance of the work hereunder by the PM, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the PM shall provide a Certificate of Insurance evidencing Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 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 Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 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 PM 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 PM'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 PM'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/Lorax Partners, LLC Park Avenue Plaza Gara¢e Phase 11 -B Pg 4 of 6 6. ADDITIONAL TERMS: PM 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 PM 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 PM and its personnel are independent Consultants and not employees of the City PM 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 PM 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, PM is responsible for its own management As an independent Consultant, PM is responsible for payment of all taxes and licensing fees necessary to perform Its obligations under this Agreement These taxes and fees may 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 All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mall, 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 PM Address 345 Sixth Street, Ste 600 101 Stewart Street, #358 Bremerton, WA 98337 Seattle, WA 98101 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 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 Bremerton/Lorax Partners, LLC Park Avenue Plaza Garaize Phase II -B Pg 5 of 6 Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any judicial action to resolve disputes ansing out of this Agreement shall be brought in Kitsap County Superior Court Either Party may terminate this Agreement by sending a written notice In the event of such termination, PM will be entitled to receive payment for all work performed to the date of the termination, and PM will refund any money that they may have received in advance of work that they and for their consultants have not performed up to the time of the termination Neither party will be liable for indirect, consequential or punitive damages, nor for lost profits Upon termination, the City has the right to assume any and all subcontracts of PM on the project and ownership of all materials generated therein The provisions of this Agreement are severable and the invalidity of any provision of this Agreement will not affect the validity of the remaining provisions of this Agreement No failure or delay of either party to exercise any power given under this Agreement or to insist upon strict compliance by the other party of any obligations will constitute a waiver of any of the party's rights to demand exact compliance with the terms of this Agreement This Agreement will be binding on the heirs, executors, administrators, successors and assigns of the respective parties This Agreement contains the complete agreement and understanding between the parties and supersedes all prior oral or written proposals, agreements or communications with respect to the subject matter of this Agreement This Agreement may only be modified in writing signed by both parties Any individual signing this Agreement on behalf of an entity, represents and warrants that they have the authority to execute this Agreement and that this Agreement will be binding CITY OF BREMERTON LORAX PARTNERS Signed Signed Title Title Date Date Bremerton/Lorax Partners, LLC Park Avenue Plaza Garage Phase II -B Pg 6 of 6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (OCO ■• eeseeeeeeeeeeeeeeeeeee eeeseeeeeeaeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeee SUBJECT: Professional Services Study Session Date July 13, 2011 Agreement between the City of Bremerton COUNCIL MEETING Date July 20, 2011 and Lorax Partners for design, bid Department Executive management and construction for Park Presenter Gary Sexton Avenue Plaza Phase II —B work Phone 360- 981 -1025 SUMMARY: Professional management services for the design, construction and management of Phase II —B work including but not limited to, Fourth Street pedestrian amenities and intersection design, street scaping, vehicle plug -ins, site landscape and others as defined in the scope of work ATTACHMENTS: Project Management Agreement FISCAL IMPACTS (Include Budgeted Amount) Total fee for services is $60,000 This amount will be funded by the Federal EDA grant at 50% The remaining amount will be part of the new fund 306 Park Plaza Phase II APPROVALS: DEPARTMENT DIRECTOR Oftyappprove CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION- Move that the the Professional Services (Project Management) Agreement Phase II B with Lorax Partners and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ C s nt nd General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 PARK AVENUE PLAZA GARAGE PROJECT MANAGEMENT PHASE II B AGREEMENT This professional services agreement is entered into between the City of Bremerton ( "City ") and Lorax Partners, LLC ( "PM" — Project Manager ") as follows 1. SCOPE OF WORK: a. Design, bid management and construction for Phase II work including i) Fourth Street (Pacific to Park Avenue) pedestrian amenities (lights, utility modification, sidewalks, street improvements, street scaping) ii) Fourth Street and Park Avenue intersection design and construction management iii) Park Avenue street scapmg iv) Vehicle plug -ins v) Site landscape b Construction Drawings PM shall cause the Architect and other design consultants to prepare the Construction Drawings and Detailed Specifications for the Project for the City's Project Manager's review and approval The intention of the parties is to cooperate in good faith to provide a completed design which meets all Requirements of Law and is consistent with all Protect design and cost requirements and the building quality reflected therein c. The PM shall oversee all design work done by the Architect, Engineer, Inspection Services and other design professionals for the design and development PM shall expeditiously review design documents during their development and advise on proposed site use and improvements, selection of materials, building systems and equipment and methods of Project delivery PM shall provide recommendations on construction methods, availability of materials and labor, and time requirements for, installation, construction and factors related to construction costs including, but not limited to, costs of alternative designs or materials, budgets and possible economics d. PM shall lead the procurement of the bidding process for Phase II (B) phased work, establish bidding procedures, issue bidding documents to bidders, conduct pre -bid conferences with prospective bidders and field questions from bidders and issuance addenda as necessary Work with the City's Special Projects Administrator on the future contract document e. In consultation with the Special Protect Administrator, the PM shall oversee the course of construction and shall conduct such inspections and testing of work to insure that the work of each Contractor is being performed in substantial accordance with the requirements of Bremerton/Lorax Partners, LLC Park Avenue Plaza Garap-e Phase II -B Pg 2 of 6 the Contract Documents in a good and workmanlike manner, free of defects and deficiencies in work, and free and clear of all liens The PM shall reject all work which does not conform to the requirements of the Contract Documents and cause corrective action to be taken L The PM shall and implement procedures for the review and processing of applications by Contractors for progress and final payments g The PM shall secure final close out information from the contractors to include but not be limited to warranties, as-built drawings, lien releases, etc 2. SCHEDULE: Commence work dating July 1, 2011 until completion of construction 3. DISTRIBUTION OF COSTS AND PAYMENT SCHEDULE: The distribution of fees and payment schedule is as follows with reimbursable expenses paid in addition, directly by the City The total fee for services will be Sixty Thousand Dollars ($60,000) • Payments of $15,000 per month for 4 months The PM shall submit regular billing statements 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 PM shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensations is modified in writing signed by the City 4. PROVIDED BY OTHERS: The following are excluded from PM Scope of Services • Surveying • As -built or record drawings • Geotechmcal Consultants • Construction and installation • Sales tax or any other applicable taxes • Special permits and fees • Testing and Inspection 5. INSURANCE: PM shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arse Bremerton/Lorax Partners, LLC Park Avenue Plaza Garage Phase II -B Pg 3 of 6 from or in connection with the performance of the work hereunder by the PM, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the PM shall provide a Certificate of Insurance evidencing Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 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 Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 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 PM 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 PM'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 PM'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 6. ADDITIONAL TERMS: PM 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. Bremerton/Lorax Partners, LLC Park Avenue Plaza Garage Phase II -B Pg4of6 PM 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 PM and its personnel are independent Consultants and not employees of the City PM 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 PM 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, PM is responsible for its own management As an independent Consultant, PM is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees may include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges ansmg from the delinquency, from any payments due Consultant 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 PM Address 345 Sixth Street, Ste 600 101 Stewart Street, #358 Bremerton, WA 98337 Seattle, WA 98101 Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansing out of this Agreement shall not be deemed waiver of any other right or power 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 Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement Bremerton/Lorax Partners, LLC Park Avenue Plaza Garage Phase II -B Pg 5 of 6 Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any judicial action to resolve disputes ansing out of this Agreement shall be brought in Kitsap County Superior Court Either Party may terminate this Agreement by sending a written notice In the event of such termination, PM will be entitled to receive payment for all work performed to the date of the termination, and PM will refund any money that they may have received in advance of work that they and for their consultants have not performed up to the time of the termination Neither party will be liable for indirect, consequential or punitive damages, nor for lost profits Upon termination, the City has the right to assume any and all subcontracts of PM on the project and ownership of all materials generated therein The provisions of this Agreement are severable and the invalidity of any provision of this Agreement will not affect the validity of the remaining provisions of this Agreement No failure or delay of either party to exercise any power given under this Agreement or to insist upon strict compliance by the other party of any obligations will constitute a waiver of any of the party's rights to demand exact compliance with the terms of this Agreement This Agreement will be binding on the heirs, executors, administrators, successors and assigns of the respective parties This Agreement contains the complete agreement and understanding between the parties and supersedes all prior oral or written proposals, agreements or communications with respect to the subject matter of this Agreement This Agreement may only be modified in writing signed by both parties Any individual signing this Agreement on behalf of an entity, represents and warrants that they have the authority to execute this Agreement and that this Agreement will be binding CITY OF BREMERTON LORAX PARTNERS Signed Signed Title Title Date Date Bremerton(Lorax Partners, LLC Park Avenue Plaza Garage Phase II -B Pg6of6 AGENDA BILL CITY OF BREMERTON 6D CITY COUNCIL ■■ oeeeeoeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeseeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeseeee SUBJECT: Amendment to the License Study Session Date �i.2 / Agreement with Bremerton Farmer's Market COUNCIL MEETING Date July , for use of a portion of the Louis Mentor Department Parks & Recreation Boardwalk Presenter Wyn Birkenthal Phone 473 -5752 SUMMARY: The non - profit Bremerton Farmer's Market is currently licensed to use a portion of Evergreen Rotary Park on Thursday afternoons from 2 00 pm to 8 00 pm from May to October of each year for the sale of farm produce, art, crafts and prepared food items There is a desire to add an additional day and location to the market This amendment would authorize the Bremerton Farmer's Market to use a portion of the Louis Mentor Boardwalk, identified in attached Exhibit B, on Sundays from 1100 am to 3 00 pm in addition to the Evergreen Rotary Park location The Market will pay $250 00 per year as compensation for use of Evergreen Rotary Park and the Louis Mentor Boardwalk sites ATTACHMENTS: 1) First Amendment to the Bremerton Farmer's Market License Agreement (July 2011) 2) Exhibit B - Approved Location Site Map for Boardwalk 3) Bremerton Farmer's Market License Agreement FISCAL IMPACTS (Include Budgeted Amount) No fiscal impact APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the Amendment to the License Agreement for use of a portion of the Louis Mentor Boardwalk by the Bremerton Farmer's Market and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ Consent Agenda 1p� General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 FIRST AMENDMENT TO LICENSE AGREEMENT BETWEEN THE CITY OF BREMERTON AND BREMERTON FARMER'S MARKET This First Amendment to License Agreement between the City of Bremerton (CITY) and Bremerton Farmer's Market (Licensee) specifically amends the License Agreement entered into between the parties on May 19, 2011 ( "License Agreement ") collectively referred to hereinafter as ( "Agreement ") WHEREAS, Licensee desires to add an additional day and location to the Agreement, and WHEREAS, the City has agreed to amend the Agreement to grant approval for the additional day and location and add a new exhibit, Exhibit B, NOW, THERFORE, for valuable consideration and by mutual consent of the parties, Sections 1 and 2 of the License Agreement are hereby amended and replaced in their entirety to read in full as follows 1. PREMISES: The City hereby grants to Licensee this agreement for the use of a portion of Evergreen Rotary Park identified in Exhibit A and a portion of the Louis Mentor Boardwalk identified in Exhibit B for the uses and purposes described herein City is the legal owner of the properties identified in Exhibits A and B Exhibit B is attached hereto as a new exhibit and incorporated herein by reference 2. USES AND PURPOSES: Licensee shall have the use of the premises identified in Exhibits A and B for the purpose of a Farmer's Market Such Farmer's Market shall be limited to the premises, and shall only be allowed during the months of May 1 through October 31 of each year this agreement is in effect Additionally, the Licensee's use of Evergreen Rotary Park is limited to Thursdays from 2.00 pm until 8 00 pm and the Licensee's use of the Louis Mentor Boardwalk is limited to Sundays from 11 00 am until 3 pm Licensee's use of the Louis Mentor Boardwalk is subject to the City's right to deny such use, at the City's sole discretion, in the event of a conflict of use or some other need for the premises Sales, displays, storage and delivery of vendors merchandise shall be limited to the portion of Evergreen Rotary Park identified in Exhibit A and the portion of the Louis Mentor Boardwalk identified in Exhibit B Vendors may use small carts and hand trucks to transport their merchandise to their booth(s) The Licensee shall be responsible for the clean up of litter, unsold merchandise, packaging, displays and other market related items following the close of the Farmer's Market each day No permanent signage or other advertising shall be used by the Licensee. However, temporary signage may be used by the Licensee and may be placed at entrances to Evergreen Rotary Park and the Louis Mentor Boardwalk upon the written approval of the City's Parks and Recreation Director 1 Bremerton Farmer's Market Agreement - First Amendment No alcoholic beverages are permitted for sale or consumption within the premises Notwithstanding any other provisions herein, the Licensee shall not enter into any other sublicense of the premises or any portion thereof or any assignment of any interest in this Agreement whether long or short term in nature, or engage in any activity with respect to or on the premises other than the express use(s) and purpose(s) stipulated herein, without obtaining the prior written authorization therefore from the City. IN WITNESS WHEREOF, the parties have executed this Memorandum of First Amended License Agreement as of the day and year first above written CITY OF BREMERTON BREMERTON FARMER'S MARKET By By Patty Lent, Mayor Doug Millard, President Date Date Approved as to from City Attorney Attest City Clerk R \ Legal \Legal \Contracts\PARKS\Farmees Market License Agreement -First Amendment( ? -1 1) doe I I i 2 Bremerton Farmer's Market Agreement - First Amendment I I / Exhibit B CONDO AREA / <v / 0 ' J I 0 I 2 i M oto lot n tn o CONVENTION CENTER s � o LOUIS MENTOR BOARDWALK FRP � BREMERTON FARMER'S MARKET Approved Booth Locations LICENSE AGREEMENT [CITY OF BREMRTON and BREMERTON FARMER' S MARKET] THIS LICENSE AGREEMENT is entered into by and between the CITY of BREMERTON, a municipal corporation organized and existing under the laws of the State of Washington, (hereinafter referred to as the "City"), and the BREMERTON FARMER'S MARKET (hereinafter referred to as the "Licensee "). ViTrNESSETH: I. PREMISES: City is the legal owner of the property identified in Exhibit A The City hereby grants to Licensee this agreement for the use of a portion of Evergreen Rotary Park identified in Exhibit A for the uses and purposes described herein.. 2. USES AND PURPOSES: Licensee shall have the use of the premises identified in Exhibit A for the purpose of a Farmer's Market. Such Farmer's Market shall be limited to the premises, and shall only be allowed during the months of May — October of each year this agreement is in effect Additionally, the Licensee's use of the premises is limited to Thursday afternoons from 2 00 pm until 8.00 pm. Sales, displays, storage and delivery of Farmer's Merchandise shall be limited to the portion of Evergreen Rotary Park identified in Exhibit A. Vendor's vehicles and trailers shall remain on paved areas of the premises. Vendors may use small carts and hand trucks to transport their merchandise to their booth(s). The Licensee shall be responsible for the clean up of litter, unsold merchandise, packaging, displays and other market related items following the close of the Farmer's Market each Thursday. No permanent signage or other advertising shall be used by the Licensee. However, temporary signage may be used by the Licensee and may be placed at entrances to Evergreen Park as well as other locations within Evergreen Rotary Park upon the written approval of the City's Parks and Recreation Director. No alcoholic beverages are permitted for sale or consumption within the premises. Notwithstanding any other provisions herein, the Licensee shall not enter into any other sublicense of the premises or any portion thereof or any assignment of any interest in this Agreement whether long or short term in nature, or engage in any activity with respect to or on the premises other than the express use(s) and purpose(s) stipulated herein, without obtaining the prior written authorization therefore from the City. 3. TERM: The term of this Agreement shall be for a period of three (3) years from the date of execution However, the parties shall have the option to terminate this Agreement at any time with thirty (30) days written notice to the other party. Bremerton Farmer's Market License Agreement 2011 1 4. COMPENSATION: Licensee shall make an annual payment to City in the amount of $250.00. Such payment shall be made prior to April 1 of any year this agreement is in effect 5. NOTICES: A71 notices and payments to be given by either parties hereto to the other party shall be in writing and may either be delivered personally or may be deposited in the United States Mail, postage prepaid, as either certified or regular addressed as specified below. City. City of Bremerton Licensee- Bremerton Farmer's Market City Clerk P O. Box 5662 345 6 Street Suite 600 Bremerton, WA 98312 Bremerton, WA 98337 6. RELATIONSHEP: In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate or joint venturer of the Licensee or any party associated with the Licensee in the conduct of the Licensee's business or otherwise. 7. PERAHTS: Licensee shall obtain, at Licensee's expense, all permits necessary for Licensee's intended use 8. UTILITIES: Licensee shall pay for all services and utilities supplied to the premises including the required installation, connection and disconnection of those services necessary for Licensee's use of the Property. Such payment shall be in addition to the annual payment paid by the Licensee. 9. INDEMNMCATION: Licensee shall defend, indemnify and hold the City harmless from any and all claims, causes of action, liability, damage, expense (mcluding all legal costs and attorney fees), suits, or judgments for personal injury or property damage arising from or in any way connected with Licensee's performance under this agreement. The provisions of this paragraph shall survive the expiration or termination of this agreement. 10. INSURANCE: Licensee shall procure and maintain for the duration of this agreement, insuran against claims for injuries to persons or damage to property that may anse from or in connection with use of the premises by the Licensee, its agents, representatives, employees, customers, contractors or subcontractors. By the commencement of the rental period, the Licensee shall provide a Certificate of Insurance evidencing: Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 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, and employer's liability. Bremerton Farmer's Market License Agreement 2011 2 Any payment of deductible or self insured retention shall be the sole responsibility of Licensee The City shall be named as an additional insured on the insurance policy, as respects the operation of this agreement by or on behalf of Licensee and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. Licensee's 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 Licensee's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) calendar days prior written notice of any cancellation, suspension or material change in coverage 11. MODIFICATION: This agreement may not be modified, altered or amended unless first approved in writing by the City 12. ENTIRE AGREEMENT: This agreement contains the entire agreement between the parties and, in executing it City and Licensee do not rely upon any statement, promise, or representation, whether oral or written, not expressed herein CITY OF BREMERTON BRE RTON FARMER'S MAPKET By. 1 0 4� �F�t/T By Title. AA/PR, Title Rrs . Date ��9� �� Date Approved as to form: City Attorney Attest City Cleyk Bremerton Farmer's Market License Agreement 2011 3 41 NIR fiz� 37 all off" se � � �� 4' re °+e IN 14 —7 Tt OW Ak 'A i F7 . . . . . . . . . . .