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HomeMy WebLinkAbout10/05/2011 AGENDA t� � I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 OCTOBER 5, 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 — September 21, 2011 C Minutes of Study Session — September 28, 2011 D Appointment of Job "JD" Moraido to the Arts Commission E 2011 Renewal of Shelter Plus Care Grant Agency Service Agreement with Agape Unlimited F Goods & Services Agreement with Sullivan Heating & Cooling, Inc for HVAC Equipment Systems Services and Maintenance G Ordinance No 5163 to repeal Chapter 3 56 of the Bremerton Municipal Code (BMC) entitled "Fiscal and Cremation Agent" 6 GENERAL BUSINESS A Ordinance No 5164 to create Section 18 02 175 of the Bremerton Municipal Code (BMC) entitled "Specific Violations — Fines" B Contract to Purchase one metal sculpture from William M Mueller dba Contemporary Sculpture of Sedalia, Colorado to be installed along Pacific Avenue near 9"' Street 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 BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD ' J r� i O Q,yl�, i ��Gtr $ p Ill -�- r Co►v�' WLA, J 0 0 REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON :5A CITY COUNCIL ■■ rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date October 5, 2011 Department Financial Services Presenter Cathy Johnson L 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 345097 through 345322 and EFT's 11236 through 11276 in the amount of $1,605,157 40 2) Payout for the pay period ending September 15, 2011 in the amount of $368 85 3) Regular Payroll for the pay period ending September 30, 2011 in the amount of $727,874 30 4) Retiree Payroll for the pay period ending September 30, 2011 in the amount of $76,758 65 STUDY SESSION ACTION: 10�OD nt on ❑ General Business [] Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: U�Approve ❑ Deny Table ❑ Continue ❑ No Acton Form Updated 4/18/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E3 ■■ eeeeeeeeeeeeeeeeeeee eeeeeeseeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoseeeeseeeeeeeee e SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date 0C 5, 2 o N Se fte.m 6e#— 2 2 o ( Department City Council Presenter Will Maupin, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A enda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT ' COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES September 21, 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 6 th Street, Bremerton, Washington, Wednesday, September 21, 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 and Council Assistant Christine Grenier were present to provide staff support City Clerk Carol Etgen was absent 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 Pastor Mark Adrian of Community of Christ at Memorial Lutheran Church MAYOR'S REPORT — Mayor Lent reported on the following • Reported on the Gorst Memorial Dedication held on September 12 th , • Thanked volunteers from Puget Sound Rental Owners Association (PROA), Benedict House, Fresh Start Transitioning, Church of Jesus Christ of Latter Day Saints, All- Shred, Good Will, Value Village, and Council Member Roy Runyon who helped out with the Beautify Bremerton event held last Saturday She also thanked Don Larson and Council Member Nick Wofford for helping with the Sinclair Inlet Clean -Up held on the same day, • Introduced Ken Marlin Manager of A -1 China Buffet who discussed the recent grand opening on Wheaton Way, which he hoped will help bring in local fobs to help the economy, • Thanked the Church of the Jesus Christ of Latter Day Saints and its eight wards for assisting in several projects during the Beautify Bremerton event and invited Mikel Anderson to discuss how the volunteers came together to make a positive impact, and • Proclaimed September 24, 2011 as "National Public Lands Day" PUBLIC RECOGNITION Cheryl Stauff read a letter into the record to outline her concerns regarding the Kitsap Memorial 9/11 Committee and her reasons for resigning as Treasurer for the Committee Jack Stanfill expressed concerns about speeding along Northlake Way especially since there are areas where children are boarding or unloading from school busses CONSENT AGENDA A Check Numbers 344876 through 345096, and EFT -11208 through EFT -11235 in the amount of $1,485,202 56, and Regular Payroll for the pay period ending September 15, 2011 in the amount of $734,89476 B Minutes of Meeting — September 7, 2011 C Minutes of Study Session — September 14, 2011 D Bremerton Kitsap Access Television (BKAT) Service Contract with Kitsap County E Contract Award to Valmont Industries, Inc for installation of 100 -foot self supporting radio tower at 100 Oyster Bay Avenue F Revision of Service and Easement with Puget Sound Energy (PSE) for Warehouse Building at 100 Oyster Bay Avenue G Appointment of Samantha Heinrichs to the Lodging Tax Advisory Committee 05:51:17 M /S /C /U (Arends/Wofford) Move to approve the CONSENT AGENDA as presented City Council Meeting Minutes Wednesday, September 21, 2011 Page 2 of 4 GENERAL BUSINESS 6A — RESOLUTION NO. 3152 SUPPORTING THE DEVELOPMENT OF THE YOUTH WELLNESS CAMPUS Mayor Lent explained that in October 2010, the City of Bremerton and the Bremerton School District entered into an agreement to conduct a geo- technical survey on the former East Bremerton School site for the Youth Wellness Campus The City hopes to attract organizations promoting youth health and wellness and is in support of the concept of the campus It was emphasized that the resolution does not obligate the City to finance the development Colleen Smidt a volunteer for the West Sound Boys & Girls Club, was pleased that a partnership with the City will move this project forward 5 Motion to support resolution was made by McConnell and seconded by Wofford Discussion was then opened to the Council Comments were made by Runyon, Brockus, Wheeler, and Maupin 05:59:12 M /S /C /U (McConnell/Wofford) Move to approve Resolution No 3152 as presented 613 — ORDINANCE NO. 5162 ADOPTING THE AMENDED PROPOSAL MODIFYING THE BREMERTON CITY COUNCIL DISTRICT BOUNDARIES (THE PUBLIC HEARING WAS HELD ON SEPTEMBER 7, 2011) Becky Hasart Financial Services Director, reiterated that the proposed boundaries take into consideration data from the 2010 Census, comments from the public, and input from the Council Members There were no comments from the public 06 00:45 Motion to approve the ordinance was made by Wofford, and seconded by McDonald There were no questions or comments from Council Members 06.01:45 M /S /C (Wofford /McDonald) Move to approve Ordinance No 5162 adopting new City Council District Boundaries for the City of Bremerton based on the 2010 Census Voted in favor of Motion Brockus, Wheeler, Robinson, Arends, Wofford, McConnell, Maupm Abstained Runyon Motion carried, 8 -Yes, 1- Abstention 6C — RESOLUTION NO. 3151 APPROVING ONE -WAY TRAFFIC AND ANGLE PARKING ON 5 TH STREET BETWEEN PACIFIC & WASHINGTON AVENUES Gunnar Fridriksson Public Works and Utilities (Engineering Division), explained that the Washington Administrative Code requires a resolution to permit angle parking and one -way traffic on City streets This requirement was discovered subsequent to the implementation of these traffic revisions on 5 th Street A traffic study with the goal of increasing the number of parking spaces on 5 th Street was completed, and the study recommends one - way traffic and angle parking There were no comments from the public 06 Motion to approve the resolution was made by Runyon, and seconded by Brockus Discussion was then opened to the Council for their questions and comments Carol Arends pointed out that one -way traffic is awkward when there are special events on Pacific Avenue, and that turning from 4 th Street to Pacific Avenue is a tight turn which creates traffic problems Adam Brockus personally preferred the road to return to two -way, but agreed with the proposed changes since the responses to the survey clearly supported one -way travel City Council Meeting Minutes Wednesday, September 21, 2011 Page 3 of 4 Nick Wofford asked how the prior parking spaces were utilized Mr. Fridriksson answered that parking was used during construction of the Tim Ryan building Mr. Wofford expressed concerns over spending additional funds to implement the change which wasn't worth the cost to add a few additional spaces Cecil McConnell believed that the City needed to address complaints about lack of parking Roy Runyon stated that the survey of downtown businesses and residents indicated support for the change and therefore offered his support, but asked if the traffic flow can be reversed during special events Mr. Fridriksson answered yes Greg Wheeler asked what the impact would be to reverse the traffic flow, and then possibly making the change later Gunnar Fridriksson answered that the road and signage would be changed at an added cost then later if the City decides to change to one -way, the same work being undone would be re -done Will Maupin believed that it would be fiscally prudent to go back to two -way traffic in terms of cost, and dust address the issue of adding more parking at a future date when there was a need for it Jim McDonald liked the additional parking, especially during large events like Blackberry Festival, and hoped the City would move forward on this issue Dianne Robinson believed that the City has already gone through the process (even if done incorrectly) so now it should dust remain one -way traffic so no additional funds were spend 06:16.20 M /S /C (Runyon /Brockus) Move to pass Resolution No 3151 to approve one -way traffic and angle parking on 5 th Street between Pacific and Washington Avenues Voted in favor of Motion Runyon, Wheeler, Robinson, McDonald, McConnell, Brockus Voted against Motion Arends, Wofford, Maupin Motion carried, 6 -Yes, 3 -No COUNCIL MEMBER REPORTS Dianne Robinson attended a meeting of the Kitsap Mental Health Services Board last night, thanked Tracey Williams for being an advocate for Anderson Cove and wished him luck in his work that will be taking him to the Middle East, provided an update on Matan Park, and announced that the 99 Annual Celebration Dinner for Ebenezer African Methodist Episcopal Church will be held on Friday, October 14 Greg Wheeler thanked staff Lori Smith, Christine Grenier, and Bill Eley for all that they do for the City Council, announced that the Union Hill Neighborhood Association would be meeting on Monday, October 3 at the Community of Christ at Memorial Lutheran Church, encouraged residents to make their homes more energy efficient by participating in the Re -Power Kitsap Project since he personally had an interesting energy audit done at his home, and invited people to attend the Bremerton Figure Skating Club's Chuck Haselwood Tribute Exhibition on Saturday, September 24 at the Bremerton Ice Arena Roy Runyon mentioned that he is also scheduled for an energy audit, was impressed with the hard work by the Puget Rental Owners Association (PROA) and Benedict House during the Beautify Bremerton event, and announced the Kitsap County Department of Emergency Management (KCDEM) Home Retrofit "Bolt It, Brace It, Do If' Class would be held on Saturday, September 24 from 1 00 to 4 00 PM Adam Brockus encouraged people to attend the next District 3 Community Meeting on Tuesday, September 27 from 6 30 to 8 00 PM at the Bremerton Senior Center located at East 13 Street & Nipsic Avenue to hear discussions on the Reservoir Lid at Ironsides, Manette Bridge Opening, Shore Drive Pipe Installation, and Saving Manette Businesses He encouraged citizens to contact (360) 473 -5280 with any ideas for future meetings City Council Meeting Minutes Wednesday, September 21, 2011 Page 4 of 4 Jim McDonald invited the public to attend the next District 1 Community Meeting on Thursday, October 6 from 6 00 to 7 30 PM at the Sheridan Park Community Center to discuss the proposed expansion of the Port of Tracyton and proposed reduction in Council districts from 9 to 7 Cecil McConnell urged District 2 residents to attend the District 1 Community Meeting since the port expansion could effect their taxes, and was excited that businesses are either moving to or considering a move to the Wheaton Way corridor Will Maupin announced that the next District 8 Community Meeting would be held on Tuesday, lOctober 25 from 6 30 to 8 00 PM in the Meeting Chambers and will include a presentation on the Shoreline Master Program and discussion on plans for installing sewers on Rocky Point and Marine Drive As a member of the Kitsap Transit Board, he attended the roll -out of the new Kitsap Transit Worker - Driver Busses on Monday, and reported on the presentation made by himself and Auditor Gary Nystul before a delegation of representatives of 25 countries regarding "Accountability in Government" this afternoon This visit was arranged through the World Affairs Council of Seattle 06:35.52 The Council recessed then met in a 40- Minute Executive Session to discuss 'Pending Litigation" per RCW 42 30 110(1)(i) No action was taken President Maupin adjourned the Council Meeting at 7 25 PM Prepared and Submitted by c C ISTINE GRENIER Council Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 15cw SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date (7G ✓ a Department City Council 5 e&m6er 2—'8 20 (f Presenter Will Maupm, 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 STUDY SESSION MINUTES September 28, 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, September 28, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Council Member Nick Wofford was absent 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 October 5, 2011 Council Meeting Agenda unless otherwise stated 1 Appointment of Job "JD" Moraido to the Arts Commission — The Arts Commission, and Greg Wheeler, Planning Committee Chair Consent Agenda 2 2011 Renewal of Shelter Plus Care Grant Agency Service Agreement with Agape Unlimited — Marie Vila, Community Development Block Grant Administrator, and Greg Wheeler, Planning Committee Chair Consent Agenda 3 Goods & Services Agreement with Sullivan Heating & Cooling, Inc for HVAC Equipment Systems Services and Maintenance — Wayne Hamilton, Utility Operations Manager, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 4 Proposed ordinance to repeal Chapter 3 56 of the Bremerton Municipal Code (BMC) entitled "Fiscal and Cremation Agent" — Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair Consent Agenda 5 Proposed ordinance to amend Section 3 86 040 of the Bremerton Municipal Code (BMC) related to payment of taxes — Becky Hasart, Financial Services Director, and Nick Wofford, Finance Committee Chair Item was sent back for further study... 6 Proposed ordinance to create Section 18 02 175 of the Bremerton Municipal Code (BMC) entitled "Specific Violations — Fines" — Captain Mike Six, Bremerton Fire Department, and Jim McDonald, Public Safety and Parks Committee Chair General Business B FULL DISCUSSION ITEMS 7 Contract to Purchase one metal sculpture from William M Mueller dba Contemporary Sculpture of Sedalia, Colorado to be installed along Pacific Avenue — Andrea Spencer, Director of Community Development Department, and Greg Wheeler, Planning Committee Chair General Business C GENERAL COUNCIL BUSINESS Council Committee Chair reports were provided, and General Council Business was discussed City Council Study Session Minutes Wednesday, September 28, 2011 Page 2of2 President Maupin adjourned the Study Session at 6 30 PM Pre a ed and Submilte /nw 12 I SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeee eeeeeeee■ SUBJECT: Appointment to the Arts Study Session Date September 28, 2011 Commission COUNCIL MEETING Date October 5, 2011 Department Executive Presenter Mayor Lent Phone 473 -5266 SUMMARY: There is a vacancy on the Arts Commission due to the resignation of John Ales It is recommended that Job °JD° Moraido be appointed to that vacancy and complete Commissioner Ales' term which is due to expire December 31, 2012 ATTACHMENTS: Application for appointment is available in the Mayor's office FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: ? DEPARTMENT CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Mrtoconffiirm the appointment of Job "JD" Moraido to the Arts Commission for a term to expire on December 31, 2012 STUDY SESSION ACTION: gCpnbpnt A en ❑ 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 5E SUBJECT: 2011 Renewal of Shelter Plus Study Session Date September 28,2011 Care Grant Agreement with Agape Unlimited COUNCIL MEETING Date October 5,2011 Department DCD —Block Grant Presenter Mane Vila Phone 360- 473 -5375 SUMMARY: Since 1996, the City of Bremerton has acted as a pass- through agent for the Shelter Plus Care program administered locally by Agape Unlimited Funded by the McKinney -Vento Act and administered by the Department of Housing and Urban Development, Shelter Plus Care funds provide rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or both Participants receive assistance and counseling until they reach self sufficiency, which averages about two years The City's contract with Agape is renewed annually, as is the City's Shelter + Care contract with HUD The City and Agape have received "renewal" status with HUD, therefore the annual application submitted is not awarded on a competitive basis but rather renewed based on meeting program performance criteria ATTACHMENTS: Contract between the City of Bremerton and Agape Unlimited (Exhibit A) FISCAL IMPACTS (Include Budgeted Amount) Pass -thru funding of $200,592 00 from the Department of Housing and Urban Development to Agape nlimited, P o ect Sponsor C, � Z°y ,,F ..IIo w � N i 5 i ra do n �++ s -f� #.Jell 5�aF &-1 S1-Z14 44,441 .41S )el'lo �'�'�r► APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the 2011 Service Agreement between the City of Bremerton and Agape Unlimited and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: 34 Con ent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny f ❑ Continue ❑ No Action Form Updated 4/18/2011 AGENCY SERVICE AGREEMENT Shelter Plus Care Grant CFDA Number: 14.238 AN AGREEMENT, by and between the City of Bremerton hereinafter referred to as "City" and Agape Unlimited, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus Care Grant Program and establishing certain other terms and conditions of operation IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT 1. SCOPE OF SERVICES The City, as recipient of a Shelter Plus Care Grant from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities specifically described in the applications and management procedures /plan and summarized below Agency will provide affordable housing and a full range of services to homeless individuals who have chronic alcohol and drug problems The continuum of housing linked to appropriate social services is designed to promote self - sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals Project based assistance will be provided with in accordance with grant number WA0098COT011003, to the City, to be renewed on July 1, 2011 and executed on October 5, 2011 Tenant Based Assistance will be provided in accordance with grant number WA010000T011003, to the City, renewed February 1, 2011, executed on October 5, 2011 The corresponding Sponsor Based application will be provided in accordance with grant number WA0099COT011003 to the City, renewed on February 1, 2011 and executed on October 5, 2011 The Management Procedures/Plan (Attachment 1) outlines the management of the three programs 2. TERM OF AGREEMENT The term of this Agreement is February 1, 2011 through June 30, 2012, determined by the specific grant, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV 8, or should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed In any event, the term of this Agreement shall cover the period that the Agency has control over Shelter Plus Care funds 3. PROGRAM REPORTING The Agency shall submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development The City will prescribe the report format, as well as the time and location for submission of such reports Required reports include but are not limited to the following (A) Semi- Annual Performance Reports which shall include all information required by HUD in the final Annual Performance Report (B) Annual Housing Quality inspections and rent reasonableness studies ARTICLE I1. FINANCIAL CONDITIONS 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to exceed $ 39,744.00 (Thirty nine thousand seven hundred forty -four dollars) under project based assistance contract WA0098COT011003, $110,712.00 (One Hundred ten thousand seven hundred twelve dollars) under sponsor based assistance contract WA0099COT011003 and $50,136.00 (Fifty thousand one hundred thirty -six dollars) under tenant based contract WAOIOOCOT011003 upon presentation of properly executed monthly invoices in a form approved by the City Such reimbursement shall constitute full and complete payment by the City under this Agreement Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved by the City unless any or all such costs are disallowed by the State of Washington or the United States 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by documentation, as evidence of the nature and propriety of the charges All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work The Agency shall also (A) Maintain an effective system of internal fiscal control and accountability for all Shelter Plus Care funds, and make sure the same are used solely for authorized purposes (B) Keep a continuing record of all disbursements by date, check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records (C) Maintain financial records for a period of five (5) years after receipt of final monitoring letter from the City provided that the Annual State audit (which includes the Shelter Plus Care Program) has been completed (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary (E) Inform the City concerning any funds allocated to the Agency that the Agency anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other agencies (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City Only those allowable costs directly related to the Agency's application, shall be paid consistent with Article II paragraph 2 In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States may order repayment of the same The Agency shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any Shelter Plus Care funds on hand at the time of expiration and any account receivable attributable to the use of Shelter Plus Care funds (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement ARTICLE III. FEDERAL CONDITIONS 1. UNIFORM ADMINISTRATIVE REQUIREMENTS Agency shall comply with regulations set forth in 24 CFR part 582 2. CONFLICT OF INTEREST In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected official or appointed official of the Agency, who exercises any function or responsibilities with respect to the program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect to the proceeds of the shelter plus care assisted activity either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter Participation by homeless individuals who also are participants under the program in policy or decision making under 24 CFR part 582 300 does not constitute a conflict of interest 3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY ACQUISITION The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR part 582 335) Displacement of persons (families, individuals, businesses, non - profit organizations and farms) as a result of activities assisted with Shelter Plus Care funds is generally discouraged and in all instances must receive prior written approval from the City 4. LEAD BASED PAINT Agency shall comply with HUD Regulations on Lead Based Paint hazards in federally owned housing and housing receiving Federal assistance (24 CFR Part 35) 5. DISCRIMINATION PROHIBITED Under the activities, funded in whole or in part by Shelter Plus Care, Agency shall comply with 24 CFR part 582 330 ARTICLE IV: GENERAL CONDITIONS 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U S Department of Housing and Urban Development, including but not limited to Shelter Plus Care Regulations and other policies and guidelines established for the Shelter Plus Care Program regardless if the law is specifically stated in this Agreement 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply with and to obtain at its own expense, if necessary, all applicable Federal, State, County or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services 3. INSURANCE The Agency shall maintain at all times a policy of comprehensive general liability insurance providing an amount of $1,000,000 00 per occurrence, protecting the City of Bremerton from any and all damages which may arise in connection with the services to be provided hereunder, whether or not such damages are alleged to arise from acts or omissions which are the sole negligence of the City, its officers, employees, and or agents, or the combined negligence of the City and others Such insurance shall include the City as additional insured and shall not be reduced or canceled without 30 days written prior notice to the City The Agency shall provide and maintain a current Certificate of Insurance as evidence of the insurance required in this section 4. INDEMNITY The Agency agrees to defend, indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, ansing or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Agency, its subcontractors, agents, successor, or assigns This provision shall be inapplicable to the extent the City are judicially found solely negligent for such damage or injury 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses City Agency CDBG Program Administrator Barbara Day Max City of Bremerton AGAPE 345 6` Street Suite 600 5464 Kitsap Way Bremerton, WA 98337 Bremerton, WA 98312 6. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this contract without obtaining prior written approval from the City All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract 7. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach 8. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties 9. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Contract or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the contract, or prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed The option to withhold funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV 10 of the General Conditions of this Agreement The City may consider performance under this Agreement when considering future awards 10. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85 43 including but not limited to, the termination of this Agreement in the manner specified herein (A) Termination for Cause - If the Agency fails to comply with the terms and conditions of this Agreement and any of the following conditions exist (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non - beneficial to the public interest, (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same, (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement, The City may terminate this Agreement in whole or in part, and thereupon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date The effective date shall not be prior to notification of the termination by the City to the Agency Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows (1) By the City with the consent of the Agency The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made (C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City may summarily terminate this Contract as to the funds reduced or limited, notwithstanding any other termination provision of this contract Termination under this Section shall be effective upon receipt of written notice by the Agency or its representative 11. CLOSE -OUT Upon termination of this Contract, in whole or in part for any reason including completion of the project, the following provisions shall apply (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments, (B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City, (C) In the event a financial audit has not been performed prior to close -out of this Agreement, the City retains the right to withhold a just and reasonable sum from the final payment to the Agency after fully considering the recommendation on disallowed costs resulting from the final audit 12. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Court of the State of Washington, County of Kitsap It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance 13. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid 14. INTEGRATED DOCUMENT This Agreement with any attachments constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement EXECUTED this day of 2011 AGENCY AGAPE Unlimited (Agency) BY (Signature) (Please Print Name and Title) (Date) ADMINISTRATOR SHELTER PLUS CARE PROGRAM S Administrator Date MAYOR, CITY OF BREMERTON Patty Lent Date Approv Sato form Bre ertonf qty Attorney INDEX TO SHELTER PLUS CARE AGREEMENT Article I. Project 1 Scope of Services 2 Term of Agreement 3 Program Reporting Article II Financial Conditions 1 Budget and Compensation 2 Documentation of Costs and Other Financial Reporting 3 Reimbursement Article III. Federal Conditions 1 Uniform Administrative Requirements 2 Conflict of Interest 3 Displacement, Relocation, Acquisition and Replacement of Housing 4 Lead Based Paint 5 Discrimination Prohibited Article IV General Conditions 1 Compliance with Laws 2 Licensing and Program Standards 3 Insurance 4 Indemnity 5 Notices 6 Assignment and Subcontracting 7 Reservation of Rights 8 Amendments to Agreement 9 Failure to Perform 10 Termination 11 Close -Out 12 Venue and Choice of Law 13 Severability Clause 14 Integrated Document ATTACHMENT #1 SHELTER PLUS CARE MANAGEMENT PROCEDURES/PLAN Shelter Plus Care (SPC) is a U S Department of Housing and Urban Development (HUD) housing grant specifically aimed at housing the disabled homeless population while ensuring that their on -going needs are met through active case management SPC provides housing assistance funds and requires the agency involved to provide an equal amount of services to the client The client must be homeless and disabled with either, or a combination of the following disabilities severe mental illness, chemical dependency, or AIDS or AIDS related illness AGAPE, as sponsor of the SPC Program will manage the program in accordance with the plan as described in the application and described below Scope of Services/History The City of Bremerton initially submitted an application to HUD on July 6, 1993 under the McKinney Shelter Plus Care Program for rent assistance to provide alcohol /drug free permanent housing for 8 homeless women with children and 16 homeless men disabled by chronic alcoholism and substance abuse A grant in the amount of $596,400 00 was awarded on January 5, 1995 Agape Unlimited, a state licensed non - profit alcohol and drug treatment provider, serves as the sponsor and primary social service provider for the project Agape Unlimited and the City have successfully applied for renewal funds every year since the initial award, see below for current funding levels Funds were awarded under three components of the Shelter Plus Care Program Project Based Rental Assistance (PBRA) Assistance is provided to AGAPE for units located at 1323 and 1329 Crawford St Participants do not retain assistance if they move Sponsor based Rental Assistance (SBRA) Participants reside in housing owned or leased by Agape Participants do not retain assistance if they move Tenant Based Rental Assistance (TBRA) Provides grants for rental assistance which allows participants to choose housing of appropriate size (goes with tenant) Agape may require participant to live in a specific structure the first year and in a specific area for the remainder of the participation Units are located throughout Bremerton city limits All three components, Project Based Rental Assistance (PBRA), Tenant Based Rental Assistance (TBRA) and Sponsor Based Rental Assistance (SBRA) of the original grant have been completed and must be renewed annually The City submitted and received funding for 2011 as follows Program Amount 0 BR 1 -BR 2 -BR I 3 -BR 4 -BR 5 -BR TBRA $50,136 00 4 1 1 SBRA $110,712 00 1 14 14 11 PBRA $39,744 00 1 1 1 1 1 12 Agape's program is composed of three stages • Initial outreach and residential chemical dependency treatment (funded by non Shelter Plus Care sources), • Drug/alcohol free group living with intensive treatment and fob training services, (Project Assistance) • Permanent supportive housing in the community (TBRA and SBRA) The continuum of housing linked to appropriate social services is designed to promote self - sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals The group houses, located at 1323 and 1329 Crawford St in Bremerton, provide 18 beds of permanent housing with cooking, cleaning, laundry and recreational facilities including a common room and garden The program provides a home -like, not an institutional environment for residents Moreover, the houses are only two blocks from the Agape outpatient treatment facility The Sponsor based component is typically used both as an intermediary phase and an alternative to group living for families Agape has identified apartment units throughout the community to utilize in the program For the Tenant based component, participants must have obtained the self - sufficiency to maintain a unit with little assistance Participant Selection Participants must be • Chemically dependent, participating in an outpatient treatment program • 18 years of age or older • Homeless • Living on the street or in a homeless shelter, released (with no housing options) to the streets from fail, in- treatment programs, and hospitals Priority for housing assistance will be as follows First Priority Individuals living on the street, Second Priority Release from the fail to the street, Third Priority Release from treatment to the street Screening and selection process will be coordinated by AGAPE who will interview each potential participant to determine eligibility Persons eligible for the project will be placed on a waiting list and are responsible to contact AGAPE, by telephone, at least once 2 every three days to indicate they are still interested in the program Tenants are selected from those eligible based upon their position on the waiting list (unless there are documented extenuating circumstances) Method for Assigning Units Assignment of units is determined according to the clients' needs, including stability in treatment, family size, level of self - sufficiency and need for on -going peer support When residents move out of a Project Based unit, Agape will move new residents into the bedroom that was vacated Participants that can be accommodated by the Project Based houses will not be moved around the house unless a woman or man with several children requires the larger spaces located in the lower level of the buildings Men, including men with children reside in one house and women, including women with children reside in the other house Smaller Sponsor Based units are utilized by single individuals high in self - sufficiency Large units are utilized as multiple adult dwellings or as housing for parents with dependent children The appropriate housing unit will be determined taking into consideration the quality, access to services, and appropriateness of the unit type Those moving into Tenant Based assistance will locate their own housing within the City of Bremerton AGAPE will assure the unit meets HQS The size and type of housing will be determined according to family size and need Participant Role in Operations/Management Residents at the group houses will be responsible for regular house maintenance, including cleaning and yard work Group home residents will have weekly house meetings to address both community and operations issues, and will provide input on program evaluation These meetings will address mutual responsibility for house chores All program participants will be involved in decision making and problem solving for the program through on -going program evaluations Applicant Role in Operations/Maintenance Agape is responsible to ensure that the houses are properly maintained, contract for necessary repairs, collect rent, provide cleaning supplies and provide yard tools Agape counselors assist residents to develop skills for house maintenance, implement the chore list, and facilitate resident meetings Agape is responsible to ensure that sufficient funding is available to operate and maintain the buildings properly Agape pays all utility bills, but not long distance phone costs Agape is available in the evenings and weekends to provide help and supervision for participants. 3 Participant Eligibility Verification Agape will verify eligibility and determine Total Tenant Payment (TTP) for all participants The following documentation will be required to determine eligibility for each participant 1 Intake application 2 Certification of homelessness 3 Certification of disability 4 Income verification Payment The rent to be paid by each tenant will be calculated based on the highest of • 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, and child care expenses), or, • 10 percent of the family's monthly income Housing Quality Standards and Rent Reasonableness Certification All necessary Housing Quality Standards (HQS) Inspections and Rent reasonableness studies will be performed by Agape who will also maintain the required documentation Agape may enter into a contractual agreement relative to the Shelter Plus Care Program with a landlord only after it has certified that the housing unit meets HQS and rent reasonableness criteria Lead Based Paint Requirements AGAPE will assure all units meet HUD's Lead Based Paint Requirements Assessment Methods The Continuum of Care Coalition consists of local participating agencies providing services, and Agape The committee will meet at least monthly to share program information on housing units, client services and record keeping requirements The City of Bremerton will participate in the meetings once a year Additionally, the Coalition will assess and make recommendations regarding • how effective outreach efforts were to identify initial program participants and additional participants as space became available, • how well coordinated the system of services is to meet the changing needs of clients, • how efficient is the mechanism for administering rental assistance The Coalition will discuss specific case studies to measure the clients' stability in housing, improved functioning, the use of treatment and community services, the degree 4 of independence achieved, and the degree of client satisfaction with the services provided AGAPE will submit semi- annual reports to the City of Bremerton Request for Payment No less than two weeks prior to the last day of each month Agape must provide verification of rent subsidy payments required for the upcoming month NO PAYMENT WILL BE MADE UNLESS THIS VERIFICATION IS RECEIVED Such verification includes the following 1 Documentation regarding participant eligibility as previously described, 2 HQS inspections and rent reasonableness studies as described above, 3 A signed contract between Agape and the Landlord for payment of housing assistance, 4 A signed lease agreement for a period of no less than thirty (30) days between the Landlord and Agape, 5 An agreement between the Landlord and the service agency regarding support services The City of Bremerton will promptly process the payment Administrative Fee The HUD Shelter Plus Care program authorizes an eight percent (8 %) administrative fee for the following activities providing rental payments to landlords, examining family income, providing housing information and assistance, inspecting units for HQS, and receiving new participants into the program An analysis indicates the City of Bremerton provides approximately 25% of these services and AGAPE provides 75% Therefore, 6% of the administrative fee will be available to AGAPE and 2% to the City of Bremerton To assure that administrative funds are available through the life of the Shelter Plus Care Program, the funds will be disbursed based on the amount of the monthly draw (for example, if the monthly draw is $2,500 AGAPE will receive $150 00 and the City of Bremerton will receive $50 00 in administrative fees) Documentation of the time spent on the activities must be maintained by the City of Bremerton and AGAPE Dousing Assistance Payments Rent subsidy payments will be made by Agape to the landlord(s) as appropriate Agape will maintain a special bank account dedicated solely to Shelter Plus Care activities All funds received from the City of Bremerton will be placed in and disbursed from this account 5 Agape will maintain records of rent subsidy payments to landlords Vacancy Payments Agape must immediately notify the City of Bremerton upon termination of tenancy so that the City may determine allowable vacancy payments to landlord(s) HUD Required Reporting AGAPE will provide the data to the City of Bremerton for the HUD annual report 6 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F ■ ■ eeeeeeeeeeeeeeeeeeeeeeeeee(■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Award of Goods and Services Study Session Date Sept 28, 2011 Contract for HVAC Equipment Systems COUNCIL MEETING Date Oct 5, 2011 Services & Maintenance Department PW & Utilities Presenter W Hamilton Phone (360) 473 -5207 SUMMARY: Call- for -bids was prepared, advertised, distributed and received in accordance with City of Bremerton bid procedures Eight (8) bid proposals were received The low bidder was Sullivan Heating and Cooling, Inc , Bremerton, WA for four (4) years from November 1, 2011 to November 1, 2015 The department request approval of the HVAC Equipment Systems Services & Maintenance contract ATTACHMENTS: Bid tabulation form C j A- Scof e- of Work 6L*& Tedt o - t sf ec,5 Exlu,b'�- 6 — 1} v f}I Searsf CA — (.,oC-V-+ ovNs 61) b %l � . �K C. �Qc�� PMey��- l,i S-4i��S n � L; s -„h°JS E 6: V EE— v S exv r c* S nnnd IKou, - Ee,itiR- FISCAL IMPACTS (Include BudgetPA u are budgeted for the current budget year and would be budgeted for the remaining term of the contract Amount not to exceed $20,000 00 for year APPROVALS: DEPARTMENT DIRECTOR. _ CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve the award of HVAC Equipment Systems Services & Maintenance contract for City facilities with Sullivan Heating and Cooling, Inc STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 CITY OF BREMERTON Page k of BID TABULATION BID TITLE HVAC EQUIPMENT SYSTEMS AND MAINTENANCE C OPY 4 DATE AND TIME OPENED MlII f 11 'P OPENED BY MIKF- 6ksticO 1 729 RECORDED BY C SERVICE TECH CONTROLS TECH NGGREGATE BID TOTAL NAME OF BIDDER SALES TAX TOTAL REGULAR OT TRIP REGULAR OT TRIP (23 LOCATIONS) a, (a c ki,ds i l$ 11^I 55 `k% t1`i ' �5 �n�iNUALt 2309.'L7 Cl ( t. 1 12 00 16%1 .j . t �c�o i�� � j°= ANNUALLY �0��.$ �799`� - , $Q 4 QA C�u�& 1W�CAS. ;gO ah4 ANNUAL Y T7 %5. , S7 4" 1 O S. Z. ��� r� . ASS:- lvw , (�- stllLLi lH.l n�r, c oy 9S Zs� �' 4Z� SX 6c�ANNUALLY ABC S�e S't2+�i t�ntc�+nt�Yuerto.. ` ,� I �SgO �3 X22 �� f� ANNUALLY L33 cs . �9 �o �tN Sorg C' bNT(L+aLS, I N 12�'� �io 4*S k `Z #� b_o ao 2'i o 9 3 $J 1 �, �� + ANNUALLY 2330.0 2,9 X :"S. 54- +gt2 Mt�q�el+u.;nit S� -ttwy LLC' l 2S " ��� �o S� `2S ' �7. I2S' 25 4Z5, 4 3 1$ , b3 ANNUALLY Z (o Z7 je ��.. �� NL 0,44 s�o 343 `+b . m s�htx� d l�{ , z ANNUALLY 33 $3, Z�za ANNUALLY ANNUALLY r" SUMMARY TO BID COMMENTS: APPARENT LOW BIDDER suLt tv t '3 SECOND LOW BIDDER �t��, Q� AW, 3 Y�"' VW L 3,, THIRD LOW BIDDER ( Page i of 7 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Sullivan Heatmp, and Cooling, Inc ( "Vendor "), whose mailing address is 950 West Hills Blvd, Bremerton, WA 98312 The parties agree as follows l VENDOR SERVICES The Vendor shall provide the following goods and materials and/or perform the following services for the City SCOPE The vendor agrees to perform the services more specifically described in the scope of work and technical specifications, including any attachments thereto, attached hereto as Exhibit A, which is incorporated by reference herein The scope of work and technical specifications may be modified only pursuant to section 10 K of this agreement If the scope of work and technical specifications provides for unspecified additional services, such services shall only be performed upon the express written request of the city Vendor further represents that the services furnished under this agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed 2 TIME OF COMPLETION The term of this agreement shall commence on (November 1, 2011) and will terminate on (November 1, 2015) unless terminated earlier pursuant to this agreement 3 COMPENSATION The City shall pay the Vendor in an amount per rate schedules as shown on Exhibit "IT Vendor shall submit regular billing statements describing work performed and amount charged for HVAC Equipment Systems Services and Maintenance, per location The descriptions shall conform to and fall within the categories set out in the Scope of Work and Technical Specifications Upon receipt of a conforming billing statement, the Cty shall promptly process the payment Vendor shall not perform work beyond the Scope of Work and Technical Specifications, nor shall vendor be compensated for such work, unless the Scope of Work and Technical Specifications or amount of compensation is modified pursuant to this Agreement Vendor shall only be compensated for additional services if requested pursuant to Section 10 K and, if not otherwise provided, such compensation shall be in accordance with this Section If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve vendor of its obligations under this Agreement 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 disability 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 for good cause "Good cause" shall include, without limitation, any one or more of the following events HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling, Inc Page 2 of 7 A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers for completion of this Agreement B The Vendor's fai lure to comply with the technical specifications, and HVAC Services and Maintenance Requirements, as attached C The Vendor's failure to make full and prompt payment to subcontractors or for material or labor D The Vendor's failure to comply with federal, state or local laws, rules or regulations E The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the services required by this Agreement are completed and fully performed 6 CHANGES The City may issue a written change order for any change in the services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor 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 Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances that caused the protest c The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimatewas determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling, Inc Page 3 of 7 3 The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Vendor's records needed for evaluating the protest 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 B Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) 7. CLAIMS The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 6(A)(2)(a) -(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WiTHIN THE TiME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling, Inc Page 4 of 7 8 iNDEMINIFICATiON Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor'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 RC W 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES 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 9 INSURANCE The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liability insurance with limits no less than $500,000 combined single limit per accident for bodily injury and property damage, and 2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operationsibroad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall 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 Vendor and a copy of the endorsement naming the City as 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 HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling, Inc Page 5 of 7 The Vendor'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 nsurer's liability The Vendor'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 mcoverage 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 10 MISCELLANEOUS A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B &O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence I Addenda, if any, 2 Contract, 3 Scope of Work & Technical Specifications (Exhibit A) 4 Bid Proposal (Exhibit E) C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to 1 Scope of Work & Technical Specifications (Exhibit A) 2 HVAC Service Locations (Exhibit B) 3 HVAC Equipment Listings (Exhibit C) 4 HVAC Services and Maintenance Listings (Exhibit D) 5 Bid Proposal (Exhibit E) D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling, Inc Page 6 of 7 F Work Performed at Vendor's Risk Vendor 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 Vendor's own risk, and Vendor 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 G 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 Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington H Attorney's Fees 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 9 of this Agreement I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, 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 in this Agreement Notices to be sent to Notices to be sent to VENDOR CiTY An Erick Carlson Attn City Clerk Sullivan Heating, and Cooling Inc City of Bremerton 950 West Hills Blvd 345 6` Street, Suite 600 Bremerton, WA 98312 Bremerton, WA 98337 J Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void K Modification No waiver, alteration, or modification of any of the provisions ofthis Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor L Severability If anyone 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 M Entire A reement 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 HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling Inc Page 7 of 7 IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY Sullivan Heating and Cooling, Inc City of Bremerton By By Print Name Print Name Its Its Date Date APPROVED AS TO FORM B Bremerton City Attorney ATTEST By City Clerk HVAC Equipment Systems Services and Maintenance Between the City of Bremerton & Sullivan Heating and Cooling, Inc Page I of 4 CITY OF BREMERTO r�I SCOPE OF WORK AND TECHNICAL SPECIFICATIONS FOR HVAC EQUIPMENT SYSTEMS SERVICES AND MAINTENANCE EXHIBIT "A" Page 2 of 4 EXHIBIT A SCOPE OF WORK AND TECHNICAL SPECIFICATIONS FOR HVAC EQUIPMENT SYSTEMS SERVICES AND MAINTENANCE The HVAC Contractor shall A Provide 24 -hour emergency service availability, to minimize equipment downtime, with a maximum (3) three -hour response time B Provide local HVAC technicians who are trained and qualified to inspect, maintain and repair all equipment listed in Exhibit "C " C Perform HVAC system inspections to check equipment performance in accordance with the manufacturer's recommendations, equipment application, and location D Perform inspections, service and maintenance tasks required for HVAC equipment using Exhibit "D," HVAC Services and Maintenance Listings, as a minimum standard These maintenance services shall be performed by the HVAC contractor (2) two times a year (bi- annual) and /or one (1) time a year (annual) as listed Any deviation from these standards must be authorized in writing by the authorized City Representative E Install, per Exhibit "D," disposable air filters which will be purchased by the City and stored on site City staff will perform additional air filter changes, as necessary, to maintain indoor air quality, reduce energy costs and avoid excessive HVAC equipment wear F Perform all non - emergency HVAC equipment system services, maintenance and repairs between the hours of 7 30 a m to 4 00 p m , Monday through Friday All HVAC services, maintenance and repairs require scheduling with the City's Representative or his /her designee Periodically, events or other City business may impede services and maintenance G Obtain prior approval for any maintenance or repairs outside the scope of Exhibit "D," HVAC Services and Maintenance Listings, which will result in charges additional to the annual bid amount H Keep an equipment information log, on -site, that will provide service and maintenance performed, dates completed, and other related information I Follow all safety codes, including wearing of safety glasses and work gloves Follow all recommended warnings or cautions as applicable to each HVAC unit Consult all current local building codes, National Electrical Code (NEC) and City Safety Manual Guidelines, as applicable for special requirements Page 3 of 4 HVAC SERVICES AND MAINTENANCE REQUIREMENTS All HVAC services, maintenance and repairs shall follow all nationally recognized Heating, Ventilation and Air Conditioning (HVAC) standards, as applicable, from organizations HARDI, ASHRAE, SMACNA, ACCA, Uniform Mechanical Code and AMCA, all applicable State of Washington code requirements, and /or standards acceptable to the City of Bremerton HVAC contractor technicians servicing, maintaining, or repairing equipment within the scope of this contract shall possess, at minimum • Current Washington State Labor and Industries "6A — HVAC /R," Journeyman, or Master Electrician Certificate • EPA section 608, type 2 certification HVAC contractor technicians shall be subject to City sponsored, fingerprint -based criminal background screening Authorization to work at security - sensitive facilities may be denied based on negative criminal background, at the discretion of the Chief of Police, or his /her designated agent At some locations, a City escort may be required Note all HVAC equipment models and serial numbers have been provided for reference and bidding purposes, but verification by the contractor is recommended Page 4 of 4 CITY CONTACT LIST: A Chris Mottner, Inventory/Facilities Supervisor (City Representative) Phone (360) 473 -2316 Email chris mottner(c,ci bremerton wa us B Michael Bishop, Lead Facilities Service Specialist Phone (360) 473 -5335 Email michael bishop(a)-ci bremerton wa us C Customer Response Dispatcher (24 -hour message phone) Phone (360) 473 -5920 D CenCom, ask for City of Bremerton Facility Staff Response Phone (360) 308 -5400 or 911 a► CITY OF BREMERTON HVAC SERVICE LOCATIONS EXHIBIT "B" Public Works and Utilities Department 100 Oyster Bay Ave N • Bremerton, WA 98312 • (360) 473 -5920 • FAX (360) 473 -5360 HVAC SERVICE LOCATIONS 1 Public Works & Utilities, 100 Oyster Bay Avenue N 2 Equipment Services, 104 Oyster Bay Avenue N 3 Utilities Warehouse & Offices, 106 Oyster Bay Avenue S, 4 Municipal Courts Facility, 550 Park Avenue 5 Naval Museum/Fountain Room Facility, 251 First Street 6 Bremerton Tunnel Control Room, 207 First Street 7 Kitsap Conference Center, 100 Washington Avenue 8 Bremerton Harborside Parking Facility, 100 Washington Avenue 9 Library Building, 612 Fifth Street 10 Forestry Office, 9600 McKenna Falls Road 11 Police Facility, 1025 Burwell Street 12 Police Special Operations, 3029 Olympus Drive 13 Utilities Building, 3027 Olympus Drive 14 Fire Department Warehouse, 3033 Olympus Drive 15 Fire Station #1, 911 Park Avenue 16 Fire Station #2, 5005 Kitsap Way 17 Fire Station #3, 3031 Olympus Drive 18 Parks Department, 680 Lebo Boulevard 19 Senior Center, 1136 Nipsic Avenue 20 Gold Mountain Golf Course Clubhouse, 7263 W Belfair Valley Road 21 Gold Mountain Golf Course Maintenance Building, 7263 W Belfair Valley Road 22 Parks Green House, 2800 Birch Street 23 UV Water Treatment Facility, 8601 W Belfair Valley Road EXHIBIT "B" s4i CITY O F BREMERTON.�l HVAC EQUIPMENT LISTINGS EXHIBIT "C" LOCATION 1 Public Works and Utilities Department 100 Oyster Bay Avenue N. HP -1 TRANE TWAl20A400BA HE1198924 AHU -1 TRANE TWE120A300BA H44170999 HP -2 TRANE TWE09OA400BA H33198620 AHU -2 TRANE TWE90A300BA H39170128 HP -3 TRANE TWA036C300A1 H46240960 AHU -3 TRANE TWE036C140A0 H49839499 HP -4 TRANE TWA048D400A1 Z4635TR3F AHU -4 TRANE TWE048P13FB0 Z4928WY2V HP -5 TRANE TWA036D400A0 R384KOX4F AHU -5 TRANE TWE036P13FB0 Z483KYG2V HP -6 TRANE TWA060D400A1 Z2111 T51 F AHU -6 TRANE TWE060C15FD0 Z371 PGRIV BF -1 GREENHECK SWB -18 -3 94A13003 BF -2 GREENHECK SWB -27 -5 94A13937 UH -1 TRANE GPND010AAD10000 A93L37456 UH -2 TRANE GPND006AAD10000 A93L37458 UH -3 TRANE GCND015AAD10000 A93L37454 UH -4 TRANE GCND015AAD10000 A93L37455 UH -5 REZNOR UDAP45 BHJ79Y2N74607X UH -6 TRANE GPND010AAD10000 A93L37457 EF -1 GREENHECK GP -140 -7 94A11102 EF -2 GREENHECK FH1 -16X24 94A13857 EF -3 GREENHECK FH1 -16X24 94A13858 EF -4 GREENHECK FH1 -12X12 94AO7853 EF -5 GREENHECK GB- 120 -4X -QD 93J15415 EF -6 GREENHECK FHR -16X24 94A13865 EF -7 GREENHECK GB- 90 -4X -QD 94Al2727 EF -8 GREENHECK FH1 -30X30 94AO13860 EF -9 GREENHECK FH1 -20X36 94A13859 HVAC EQUIPMENT LISTINGS, PAGE 1 OF 23 LOCATION 2 Equipment Services 104 Osyter Bay Avenue N. HP -1 TRANE TT13012C100A0 L275RN4AF AHU -1 ENG AIR LM -1 DK571AHU2 MUA -1 ENG AIR LM -8 DK571AHU1 DH -1 HEATRIX M1 -140 11707 -9 DH -2 HEATRIX M1 -140 11709 -9 UH -1 REZNOR HSC 175 -6 SA7A66H5N01546 UH -2 REZNOR HSC 100 -6 SATA66HN01545 UH -3 TRANE GPND003AAD100 A93L37460 UH -4 TRANE GPND003AAD100 A93L37459 EF -1 GREENHECK GB- 120 -4X -QD 94AO9542 EF -2 GREENHECK FHR -12X12 94A13862 EF -3 GREENHECK GB -200 -5 94A11247 EF -4 GREENHECK FHR -16X20 94A13864 EF -5 GREENHECK G -100 -B 94A11024 EF -6 GREENHECK G -100 -B 94A11023 HVAC EQUIPMENT LISTINGS, PAGE 2 OF 23 LOCATION 3 Utilities Warehouse and Offices 106 Oyster Bay Avenue S. K HP -1 TRANE 4TWB3024A1000AA 9102WK94F AHU -1 TRANE 4TEC3F24131000A 91741 M41 IV UH -1 REZNOR UDAP45 BHA7972N2497BX UH -2 KING 4805 8976225 UH -3 KING 4805 B976226 HVAC EQUIPMENT LISTINGS, PAGE 3 OF 23 LOCATION 4 Municipal Courts Facility 550 Park Avenue � T� X0001 #xp° v e to @I18� #, Un t# �rManu acturer p , ;_, x n �_p �s R GP -1 ARMSTRONG 125GRTC361 B -2A 8493D31767 GP -2 ARMSTRONG 200GRTC89BL -2 5695L610 GP -3 ARMSTRONG 125GRTC361 B 84931D31769 GP -4 TRANE YSCO36OE3RMAOJC 808100948L GP -5 ARMSTRONG 125GRTC361 B -2A 8493D31770 GP -6 ARMSTRONG 125GRTC361 B -2A 84931D31768 AC -1 TRANE 2TTA0048A300AP 7022SH33F AH -1 TRANE 2TEC3F48B1000AA 7063JLKIV AC -2 TRANE 2TTA0048A300AA 6465U SJ3F AH -2 TRANE 2TEC3F4861000AA 7062S8RIV HVAC EQUIPMENT LISTINGS, PAGE 4 OF 23 LOCATION 5 Naval Museum /Fountain Room Facility 251 First Street 111,4 � . y �� �, ' 1i f is � /T Fy h 4+ fh" f d.S iY•fia�t,.�w�••�'`Q,.,,, tea*- 3 �auaC�re� f d i n { � �,ti',ir�$� ' S }ty x x s va.G�aI . F '.M' �. c "k C ii; fig ., _w a ca °E d " 7 Y d HP -1 CARRIER 38ARQ012 -601 2207G20214 HP -2 CARRIER 38ARQ012 -601 2207G20215 AHU -2 CARRIER 40RMQ024 -B611 GC F 3606U23407 HP -3 CARRIER 38ARQ008 -601 1207G20142 AHU -3 CARRIER 40RMQ008-B61 1 GC 2306U12022 HP -4 CARRIER 387CGO60 -641 1307X83385 RTU -1 CARRIER 50HJQ016 -621CD 2107U14819 MAU -1 GREENHECK 150SKSP 033S947835- 00/0001901 KEF -1 COOK 195VCR195V9B 033S947835 EF -1 GREENHECK GB- 141 -MX 06H25784 EF -2 GREENHECK FHR- 24X24G -B5 98L1072 EF -3 NUTONE QTRN110 _ N/A CNT -1 EWC--- BMpL -US -3000 4606" AHU -4 CARRIER FA4CNB060 3106A87932 ZONE CONTROL SYSTEM INCLUDING THREE (3) MOTORIZED DAMPERS HVAC EQUIPMENT LISTINGS, PAGE 5 OF 23 LOCATION 6 Bremerton Tunnel Control Room 207 First Street (W Of bW -� ' ' HP-1 FUJTSU A00024CO DDN01 6825 AHU-1 FUJITSU ASU24CO DnA017750 I I HVAC EQUIPMENT LISTINGS, PAGE 6 OF 23 LOCATION 7 Kitsap Conference Center 100 Washington Avenue EF-1 01 GREENHECK BSQ-1 60-15 EF-R02 GREENHECK CUBE-180-10 HP -101 TRANE TWE120A35 CU -101 TRANE TWAl20A4 AC -M01 MAMMOTH (80 Tons) WX-1052-GXL CU-ROI CARRIER (80 Tons) 09DK-084 VAV-101 NAILOR D35SE-1003 VAV-1 02 NAILOR D35SEST-1204 VAV- 103 NAILOR D35SEST-1204 VAV-1 04 NAILOR D35SE-1 205 VAV-105 NAILOR D35SEST-1 607 VAV-1 06 NAILOR D35SEST-1 607 VAV-1 07 NAILOR D35SEST-1607 VAV-110 NAILOR D35EST-1204 VAV-1 11 NAILOR D35EST-1 204 VAV-1 12 NAILOR D35EST-1204 VAV- 113 NAILOR D35EST-1204 VAV-1 14 NAILOR D35EST-1 204 VAV-1 15 NAILOR D35EST-1204 VAV-1 16 NAILOR D35EST-1204 VAV-1 17 NAILOR D35EST-1204 VAV-1 18 NAILOR D35EST-1 204 VAV-1 19 NAILOR D35EST-1 204 VAV-120 NAILOR D35EST-1 204 VAV-121 NAILOR D35EST-1204 VAV- 122 NAILOR D35EST-1 204 VAV-124 NAILOR D3001-12 VAV-125 NAILOR D35SEST-1 204 ET -M01 AMTROL AX -1 B-MO1 RAYPACK HI-Delta 402 EDH-101 INDEECO QUA GR-M01 MAXITROL 325-5AL600 GR-MO2 MAXITROL 325-5AL600 HVAC EQUIPMENT LISTINGS, PAGE 7 OF 23 LOCATION 8 Bremerton Harborside Parking Facility 100 Washington Avenue CF -P301 DAYTON 5M196 CF -P302 DAYTON 5M196 CF -P201 DAYTON 5M196 CF -P202 DAYTON 5M196 CF -P101 DAYTON 5M196 CF -P102 DAYTON 5M196 CF -P103 DAYTON 5M196 GEF -P301 GREENHECK SBE- 2L42 -75 GEF -P302 GREENHECK SBE - 2L42 -75 GEF -201 GREENHECK SBE -3L54 -150 GEF -P202 GREENHECK SBE -3L54 -150 GEF -P101 GREENHECK SBE -31-48 -100 GEF -P102 GREENHECK SBE -3L48 -100 EF -P101 GREENHECK SBE- 2H24 -5 HP -P201 BARD WH- 602CO9 EF -P102 GREENHECK CSP -A2150 EF -P301 GREENHECK CSP -A1410 EF -P202 GREENHECK CSP -264 EF -P206 GREENHECK CSP -A2150 EF -P201 GREENHECK CSP -263 EF -P205 GREENHECK CSP -12150 VAV -126 NAILOR D35SEST -1205 VAV -127 NAILOR D35SE -0802 HVAC EQUIPMENT LISTINGS, PAGE 8 OF 23 LOCATION 9 Library Building 612 Fifth Street x � rs z �!+ i'dC.l� ` �: < : �" d ", � cox 2�IKIW T = GB -1 CLEAVER BROOKS WTW703800 3TG- 009431 (Gas Fired Boiler EF -1 DAYTON 4C659 "1312" 6K122BA -MTR HVAC EQUIPMENT LISTINGS, PAGE 9 OF 23 LOCATION 10 Forestry Office 9600 McKenna Falls Road � Y s- �w Wli 'S Ma ifac u HP -1 COLEMAN 54CS0361 BD 990738228 AHU -1 COLEMAN DGAT070BDF HVAC EQUIPMENT LISTINGS, PAGE 10 OF 23 LOCATION 11 Police Facility 1025 Burwell Street m-'sRe-07,77,77- -- A''o, -7W jAQ d CIP-1 TRANE CGAEC30GABA19GYRT J95A68009 AHU-1 TRANE 1 OCCZ1 E U3G29488 RTU-1 TRANE BWO09OF300HC N/A RTU-2 TRANE BWO036 N/A RTU-3 TRANE WSCO36E3REAOSD N/A HP-2 MCQUAY ACZ025AC12-ER10 STNUO20800023 AHU-2 MCQUAY LSL122DH 3PM00256-02 DH-1 THRU 8 Various Various Various AC-1 THRU 11 TRANE A35AE030/D16A0060 Various HP-3 CARRIER 38BNCO24301 AHIJ-3 CARRIER N/A WAC-1 AMANA PTI-10931335ARBR 0805743788 WAC-2 AMANA PTH093B35ARBR 0805743792 EF-1 GREENHECK CUBE 101-4 N/A EF-2 GREENHECK SP-1390 N/A EF-3 GREENHECK CSP-A71 0 N/A EF-4 GREENHECK CSP-Al 410 N/A EF-5 GREENHECK CSP-A51 0 HVAC EQUIPMENT LISTINGS, PAGE 11 OF 23 LOCATION 12 Police Special Operations 3029 Olympus Drive HP -1 TRANE 2TWF2060A1000AA 3185YAR25 AHU -1 TRANE TWE063P13FBO 3203L3 UH -1 REZNOR SEP -90A -3 6397F14043 UH -2 REZNOR HVAC EQUIPMENT LISTINGS, PAGE 12 OF 23 LOCATION 13 Utilities Building l k` =" �° k4�t s���� �z HP -1 TRANE 2TWB0048A1000AB 5344PJB4F AHU -1 TRANE BWV748A100A1 X40490482 HP -2 TRANE 2TWB0048A1000AB 5344PFB4F AHU -2 TRANE BWY748A100A1 32457490 HP -3 LENNOX HP21 -60- 230 -03 5802F56080 AHU -3 LENNOX El 6Q5-15-1 P HP -4 TRANE TWD742610041 E28275265 AHU -4 TRANE TWV7421 B140A0 E02355093 HP -5 ARMSTRONG SHP10A60A -1A 8494A34323 AHU -5 ARMSTRONG MB20AA -1A 8494A25567 HVAC EQUIPMENT LISTINGS, PAGE 13 OF 23 LOCATION 14 Fire Department Warehouse 3033 Olympus Drive OTT 7 K V, UH-1 REZNOR SEP-60A-3 6397F14060 UH-2 REZNOR SEP-60A-3 6397B00344 HVAC EQUIPMENT LISTINGS, PAGE 14 OF 23 LOCATION 15 Fire Station 1 911 Park Avenue HP-1 AAON CA0707 200412-CCCCO4439 AHIU-4 AAON HB10603 200412-CBEB01321 HP-2 AAON CA0707 200412-CCCDO4440 AHU-2 AAON VB10377 200412-CBEB01322 HP-3 AAON CA0708 200412-CCCCO4444 AHIJ-3 AAON VB10379 200412-CB3B01326 HP-4 AAON CA0708 200412-CCCCO4443 AHU-4 AAON HB10602 200412-CBEB01325 HP-5 AAON CA071 0 200412-CCCE04445 AHU-5 AAON VC10608 200412-CBECO1327 HP-6 AAON CA0707 200412-CCCDO4441 AHIU-6 AAON HC10710 200412-CBECO1323 HP-7 AAON CA0708 200412-CCCCO4444 AHU - AAON VB10378 200412-CBEB01324 MAU-1 REZNOR SCE-225-6-SMP EBDK6603N08714/MPI UH-1 REZNOR UDAS60 N/A UH-2 REZNOR UDAS60 N/A EF-1 GREENHECK GB-300-20 04KO9144 EF-2 GREENHECK GB-141-3 04KO9413 EF-3 GREENHECK CSP-A290 N/A EF-4 GREENHECK GB-101-4 04KO9244 EF-5 GREENHECK GB-081-6 04KO9225 EF-6 GREENHECK GB-091-4 04KO9232 EF-7 GREENHECK CSP-A700 N/A EF-8 GREENHECK GB-300-20 04KO9145 KEF-1 GREENHECK -f---CUBE-1 80HP-1 5 04KO9113 HVAC EQUIPMENT LISTINGS, PAGE 15 OF 23 LOCATION 16 Fire Station #2 5005 Kitsap Way HP -1 CARRIER 38TKB048340 2100E04282 AHU -2 CARRIER 58RAV 095 -16 2500A52019 FU -1 TRANE TDD100C947 BOJ03531122 AC -1 CARRIER 38ANU12310/40QH8012300 1800Y20251/1100Y32010 UH -1 REZNOR UDAP60 BEB79X7N85233X UH -2 REZNOR UDAP60 BEB79X7N85309X EF -1 GREENHECK WE -104 69780 EF -2 GREENHECK W4 -104 Z HVAC EQUIPMENT LISTINGS, PAGE 16 OF 23 LOCATION 17 Fire Station #3 3031 Olympus Drive C iYX��u ��a�tur�er�;=� _������; a HP -1 CARRIER 38TKBO60330 2100E03692 AHU -1 CARRIER 58RAV115 -20 250OA52392 FU -1 TRANE TDX1 C100A 8312LXH7G AC -1 CARRIER 38HN01231 U/400NB012300 1800YS0250/1100YE2134 UH -1 REZNOR CEEXL125 ALG62RN39356 UH -2 REZNOR CEEXL125 -3 ALJ6J7N62092 EF -1 GREENHECK W4 -104 40772 EF -2 GREENHECK W4 -144 40770 EF -3 GREENHECK W4 -104 40771 EF -4 GREENHECK W4 -104 40774 EF -5 GREENHECK W4 -104 40773 HVAC EQUIPMENT LISTINGS, PAGE 17 OF 23 LOCATION 18 PARKS DEPARTMENT 680 Lebo Boulevard Wp e 1' 41 - Z G V # I- ' FU-1 TRANE TUD120C9600BO J10523946 FU -2 TRANE TUD120C9600BO J17543883 FU -3 LENNOX G I 6Q3-4-1 00-1 N/A HVAC EQUIPMENT LISTINGS, PAGE 18 OF 23 LOCATION 19 Senior Center 1136 Nipsic Avenue Wool V-1 41A VlV:0Vllll A�in I fia HP-1 TRANE TTB060CI00AO M095J43HF AHU-1 TRANE TUD100C960H3 Ml 12NYC2G HP-2 TRANE TTB060C10040 M0948EIHF AHU-2 TRANE TUD1 0OC960HS L324T2E2G HVAC EQUIPMENT LISTINGS, PAGE 19 OF 23 LOCATION 20 Gold Mountain Cold Course Clubhouse 7263 W. Belfair Valley Road HP -1 CARRIER 38YCCO60540 2801 EO1417 AHU -1 CARRIER FB4ANB048 2501A70488 HP -2 CARRIER 38YCCO48540 2701E00717 AHU -2 CARRIER FB4ANB048 2501A70487 HP -3 CARRIER 38YCCO60540 2701 EO3333 AHU -3 CARRIER FB4ANF036 2501A62550 HP -4 CARRIER FB4ANB060 2601A62527 HP -5 CARRIER 38YCCO48540 2701 EO0718 AHU -5 CARRIER FB4ANB060 2601A62549 UH -1 REZNOR TR150 BBB65M7L49234X EF -1 ILG UBC245N 041601 M371970 EF -2 ILG CFS15MD8363 071601 M45160 EF -3 ILG 5505CR5DA10E15 068901M440070 EF -4 ILG CRBCA08GD1151D2 061101M422120 HVAC EQUIPMENT LISTINGS, PAGE 20 OF 23 LOCATION 21 Gold Mountain Gold Course Maintenance Building 7263 W. Belfair Valley Rd. I0 UH-1 KING 2404 B-965459 UH-2 KING 2404 B-965460 UIH-3 KING 2404 B-965461 UH-4 KING 2404 1UH-5 DAYTON 3UF82 N/A HVAC EQUIPMENT LISTINGS, PAGE 21 OF 23 LOCATION 22 Parks Green House 2800 Birch Street UH-1 DAYTON 3E384D A05340049000001 UH-2 MODINE PD 175AA0181 39101014606-6063 EF-1 J&D VFS36CD EF-2 J&D VFS36CD EF-3 J&D VFS36CD EF-4 J&D VFS36CD HVAC EQUIPMENT LISTINGS, PAGE 22 OF 23 LOCATION 23 UV Water Treatment Facility 8601 W. Belfair Valley Road EF-1 GREENHECK EF-2 GREENHECK BS-Q-200-15-X 12204529 1009 SF-1 GREENHECK BS-Q-200-15-X 12204530 1009 BS-Q-200HP-40-X 12204533 1009 SF-1 GREENHECK BS-Q-200HP-30-X 12204532 1009 DH-1 TUTCO DHC 3018-60 0-31P 222568-001 #1 DH-2 TUTCO DHC 3018-50 0-3P 222568-001 #2 AC-1 MITSUBISHI PCA-A30KA 04AO0117C AC-1 MITSUBISHI PUZ-A30NHA4 OZ000228A AC-2 MITSUBISHI MSZ-FE12NA 9004528 T AC-2 MITSUBISHI MSZ-FE12NA 9002523 T AC-3 MITSUBISHI MSZ-FE12NA 9004428 T AC-3 MITSUBISHI MSZ-FE12NA 9003252 T HVAC EQUIPMENT LISTINGS, PAGE 23 OF 23 CITY OF BREMERTON HVAC SERVICES AND MAINTENANCE LISTINGS EXHIBIT "D" E m E!il:i Page 2 of 7 SPLIT HEAT PUMPS, SPLIT AIR CONDITIONING & AIR HANDLING UINTS [HP, AHU, GP, AC, CU, MAU, WAC] BI ANNUAL MAINTENANCE Replace disposable filter(s) Inspect fresh air intake screen Inspect all panels and cabinet insulation Inspect and clean condensate drain system / add pan tablets as needed Inspect cabinet and all painted surfaces Clean unit and surrounding area Check economizer and associated equipment for proper operation, if equipped Inspect blower motor, blower pulleys, and adjust belts as needed Check proper operation of duct system controls Check budding pressure control fans and related equipment Inspect wiring and all electrical components Check contactor points Record all motor and compressor currents and verify within specifications Check liquid line sight glass for indication of moisture and /or bubbles Inspect ACR piping and insulation, perform visual leak check Inspect condenser / evaporator coil condition Inspect condenser fans Inspect safety controls Inspect operational controls Lube bearings per manufacturer's recommendations Inspect thermostat ANNUAL MAINTENANCE Clean return air grilles and supply diffusers as needed Clean return air section Replace all belts Label old belt as emergency spare and store in cabinet Clean burners Inspect ignition controls Inspect heater safety Inspect heat exchangers Inspect heater operational controls / valves / forced draft blower Check manifold pressure Check electric heating elements for proper resistance Inspect disconnect / fuses Inspect wiring / tighten connections Check crankcase heater operation Inspect compressor Record each circuit's refrigerant pressures, superheat, subcoolmg, and ambient temperature Check chilled water loop inlet and outlet Clean condenser cod Clean evaporator cod Replace thermostat batteries Page 3 of 7 GAS BOILER [GB, B, GR, ET] BIANNUAL MAINTENANCE (Seasonal) Inspect all painted surfaces / panels Clean unit and surrounding areas Inspect operational controls Check operating pressure Test low water cut off Check blow down valve Check pressure relief for proper operation Test flow control Check high temperature limit Inspect gaskets for leaks Check of proper gauge operation and visibility Check temperature sensors for proper operation Clean and adjust ignition electrodes Check heating elements for proper resistance ANNUAL MAINTENANCE & SAFETY INSPECTION Disassemble, inspect and clean low water cut off, reassemble with new gaskets Pull and clean burners Clean pilot/electrodes Check heat exchanger Clean and test combustion / draft fan Perform flue gas analysis on forced draft burners only Check / set manifold pressure Check draft and adjust draft regulator as needed Check for fuel vent blockages Check and clean water feed valve Check expansion tank for proper water levels and inspect for leaks or cracks Test all operational controls and operating cycle Record motor current and voltage and verify within specifications Lube burner linkage Test all safety controls Check heating elements for proper resistance Inspect wiring / tighten connections Check isolation valves for proper operation Check disconnect and fuses / breaker Page 4 of 7 N FURNACES [FU] BI ANNUAL MAINTENANCE Replace disposable filter(s) Inspect all panels and cabinet insulation Inspect and clean condensate drain system Inspect cabinet and all painted surfaces Clean unit and surrounding area Inspect blower motor, blower pulleys, and adjust belts as needed Inspect wiring and all electrical components Check contactor points Record all motor and compressor currents and verify within specifications Inspect safety controls Inspect operational controls Lube bearings per manufacturer's recommendations Inspect thermostat ANNUAL MAINTENANCE Clear! burners Clean pilot / electrodes Inspect heat exchangers Inspect draft fan / clean as needed Inspect flue pipe and cap Test safety controls Replace thermostat batteries Page 5 of 7 GAS FIRED UNIT HEATERS [U H) ANNUAL MAINTENANCE Inspect cabinet and all painted surfaces Clean unit and surrounding area Clean burners Clean pilot / electrodes Inspect heat exchangers Inspect draft fan / clean as needed Inspect flue pipe and cap Inspect blower motor for signs of overheating and bearing wear Inspect and adjust belts Inspect motor and blower pulleys for wear Lube bearings per manufacturer's recommendations Inspect ignition controls Inspect wiring / tighten connections Inspect disconnect / fuses Record motor current and voltage and verify within specifications Test safety controls Check manifold pressure Replace / clean filters Inspect thermostat Page 6 of 7 ELECTRIC UNIT HEATERS & DUCT HEATERS {VAV, EDH, DH, UH) ANNUAL MAINTENANCE Inspect cabinet and all painted surfaces Clean unit and surrounding area Inspect disconnect / fuses Inspect wiring / tighten connections Check electric heat contactors and limits Check damper actuators and dampers for proper operation / position Inspect blower wheel Inspect blower motor for signs of overheating and bearing wear Record motor current and voltage and verify within specifications Replace / clean filters if applicable Page 7 of 7 FANS [BF, EF, GEF, CF, KEF] ANNUAL MAINTENANCE Inspect cabinet and all painted surfaces Clean unit and surrounding area Inspect blower wheel Inspect blower motor and blower pulleys for signs of overheating and bearing wear Inspect and adjust belts Inspect motor and blower pulleys for wear Lube bearings per manufacturer's recommendations Inspect motor controller and or overload Record motor current and voltage and verify within specifications Inspect wiring / tighten connections Inspect disconnect / fuses Replace / clean filters if applicable II Page 2 of 4 EXHIBIT E BID PROPOSAL HVAC EQUIPMENT SYSTEMS SERVICES AND MAINTENANCE CITY OF BREMERTON NOTE Due to the varied City Departments and funds included within this HVAC Services Proposal, each location will be bid separately, cost per year SERVICE / MAINTENANCE COST PER EACH LOCATION LISTED, TOTALS WILL BE CONSIDERED IN LOWEST BID DETERMINATIONS 1 Public Works & Utilities $ 1,076.40 2 Equipment Services $ 451.20 3 Utilities Warehouse & Offices $ 280.80 4 Municipal Courts Facility $ 5 Naval Museum/Fountain Room Facility $ 748.80 6 Bremerton Tunnel Control Room $ 187.20 7 Kitsap Conference Center $ x,195.20 8 Bremerton Harborside Parking Facility $ 1,216.80 9 Library Building $ 936.00 10 Forestry Office $ 187.20 11 Police Facility $ 1,591.20 12 Police Special Operations $ 280.80 13 Utilities Building $ 561.60 14 Fire Department Warehouse $ 187.20 15 Fire Station #1 $ 1,216.80 16 Fire Station #2 $ 561.60 17 Fire Station #3 $ 561.60 18 Parks Department $ 280.80 19 Senior Center $ 280.80 20 Gold Mountain Golf Course Clubhouse $ 748.80 21 Gold Mountain Golf Course Maintenance Building $ 468.00 22 Parks Green House $ 280.80 23 W Water Treatment Facility $ X61.60 --_ Page 3 of 4 HVAC TECHNICIAN SERVICE RATES Indicate per hour rates below for additional work not listed in "Exhibit D" HVAC Services and Maintenance Listings List separately afterhours and /or emergency call back rates, if applicable City of Bremerton contract requirements and Washington State prevailing wage rates may apply HVAC Technician Service Regular Rates $ _95.00 per hour HVAC Technician Service Overtime Rates $142.50 per hour Fuel /Environmental Trip Charge $ --0_ per visit HVAC Controls Technician Service Regular Rates $ 9 _ 5 _ per hour HVAC Controls Technician Service Overtime Rates $142_50 _per hour Fuel /Environmental Trip Charge 0 $ __ per visit AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5& SUBJECT: Ordinance No 5 163 repealing Study Session Date 9/28/11 Chapter 3 56 of the BMC entitled "Fiscal and COUNCIL MEETING Date 10/5/11 Cremation Agent" Department Financial Services Presenter Becky Hasart Phone 473 -5722 SUMMARY: Chapter 3 56 of the current City code entitled "Fiscal and Cremation Agent ", relates to the appointment of fiscal agencies for the payment of bonds and the destruction of cancelled or paid bonds or interest coupons Provisions of this chapter are outdated and it is not necessary for this authorization to be codifed in the City code It is staffs recommendation that this chapter be repealed ATTACHMENTS: Ordinance No 5 I (03 FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve Ordinance No 5'/ �O repealing Chapter 3 56 of the Bremerton Municipal Code STUDY SESSION ACTION: Con nt nda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT 7" COUNCIL ACTION: ❑ Approve ❑ Deny 6 ;e Table ❑ Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. 51 (PJ AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 3 56 of the Bremerton Municipal Code entitled "Fiscal and Cremation Agent" WHEREAS, current City code has a chapter, Chapter 3 56 entitled "Fiscal and Cremation Agent ", relating to appointed fiscal agencies for the payment of bonds and the destruction of cancelled or paid bonds or interest coupons, and WHEREAS, the provisions of Chapter 3 56 are outdated and it is not necessary for this authorization to be codified in the City code, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Chapter 3 56 of the Bremerton Municipal Code entitled "Fiscal and Cremation Agent' " relating to appointed fiscal agencies for the payment of bonds is hereby repealed as follows Chapter 3.56 FISCAL AND CREMATION AGENT 3.56 . 010 FISCAL AGENT NT DESIGN . TION Bank of Seattle, a national banlung asseeia4ion with its pfifleipal offiee in > Washington, aeeof:dan e w ith th r-o o „t o f RGW 43 80 100 th h A 3 80 160 ine V � L1,11 L1IV Z 56 020 CREMATION AGENT DESIGNATION Seat4le First National Bank of Seat4le is fufther- designated as eFemation agent for- the destmetten of paid and eaneeled bonds and eoupens to aeeer-dance with the requirements 0 RGW 43 80 e Prov hewever-, That the Mayor- is authonzed to enter- into a eentmetual payment general or- revenue obligation beads or- intemst eoupeas that have been eaneeled or- paid after- one year- fi;om the eafteellation OF provi required by RCW 43 i 80 14 0 giving full deseaptive mfefenee to the mstnHnents destroyed shag eei4ifiea4e shall be filed with the Mayef of the City No eei4ifieate of destfuetion shall itself We destroyed until all of the bonds and eoupens of the issue or- seFtes deseFibed ther-eeft shall h6A'e matured an have be p aid v' r e an ee led SECTION Z. Severabilia If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not 1 Fiscal and Cremation Agent — Chapter 3.56 affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of 9 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal \Legal \Ordinances \Fmance\Fiscal and Cremation Agent - Chapter 3 56 doc 2 Fiscal and Cremation Agent — Chapter 3.56 RCW 39 46 030 R, gistration system authowed -- Requirements — FISLal ag, nwes agents Page I of 1 RCW 39 46 030 Registration system authorized — Requirements — Fiscal agencies, agents (1) The state and local governments are authorized to establish a system of registering the ownership of their bonds or other obligations as to principal and interest, or principal only Registration may include, without limitation (a) A book entry system of recording the ownership of a bond or other obligation whether or not a physical instrument is issued, or (b) recording the ownership of a bond or other obligation together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond or other obligation and either the reissuance of the old bond or other obligation or the issuance of a new bond or other obligation to the new owner (2) The system of registration shall define the method or methods by which transfer of the registered bonds or other obligations shall be effective, and by which payment of principal and any interest shall be made The system of registration may permit the issuance of bonds or other obligations in any denomination to represent several registered bonds or other obligations of smaller denominations The system of registration may also provide for any writing relating to a bond or other obligation that is not issued as a physical instrument, for identifying numbers or other designations, for a sufficient supply of certificates for subsequent transfers, for record and payment dates, for varying denominations, for communications to the owners of bonds or other obligations, for accounting, canceled certificate destruction, registration and release of securing interests, and for such other incidental matters pertaining to the registration of bonds or other obligations as the issuer may deem to be necessary or appropriate (3)(a) The state treasurer or a local treasurer may appoint (i) one or more of the fiscal agencies appointed from time to time by the state finance committee in accordance with chapter 43 80 RCW or (it) other fiscal agents to act with respect to an issue of its bonds or other obligations as authenticating trustee, transfer agent, registrar, and paying or other agent and specify the rights and duties and means of compensation of any such fiscal agency so acting The state treasurer or local treasurers may also enter into agreements with the fiscal agency or agencies in connection with the establishment and maintenance by such fiscal agency or agencies of a central depository system for the transfer or pledge of bonds or other obligations (b) The county treasurer as ex officio treasurer of a special district shall act as fiscal agent for such special district, unless the county treasurer appoints either one or more of the fiscal agencies appointed from time to time by the state finance committee in accordance with chapter 43 80 RCW or other fiscal agents selected in a manner consistent with RCW 43 80 120 to act with respect to an issue of its bonds or other obligations as authenticating trustee, transfer agent, registrar, and paying or other agent and specify the rights and duties and means of compensation of any such fiscal agency (4) Nothing in this section precludes the issuer, or a trustee appointed by the issuer pursuant to any other provision of law, from itself performing, either alone or jointly with other issuers, fiscal agencies, or trustees, any transfer, registration, authentication, payment, or other function described in this section [1995c38 §7 1994c301 §11,1985c84 §1,1983c167 §3] Notes Acts of municipal officers ratified and confirmed - -1995 c 38. See note following RCW 3 02 045 Liberal construction — Severability - -1983 c 167 See RCW 39 46 010 and note following AGENDA BILL CITY OF BREMERTON CITY COUNCIL 6A SUBJECT: Ordinance No Study Session Date September 28, 2011 creating Section 18 02 175 of the Bremerton COUNCIL MEETING Date October 5, 2011 Municipal Code entitled "Specific Violations Department Fire — Fines ° Presenter Captain Mike Six Phone 360 -473 -5380 SUMMARY: The proposed ordinance creates a new section to the City Fire Code establishing monetary fines for specific fire code violations ATTACHMENTS: Proposed Ordinance w o , 51(04" s FISCAL IMPACTS (Include Budgeted Amount) MINIMAL REVENUE APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve Ordinance No 5714 creating Section 18 02 175 of the Bremerton Municipal Code entitled "Specific Violations — Fines STUDY SESSION ACTION: ❑ C'opn nit A da General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny Ele able Continue ❑ No Action Form Updated 4/18/2011 ORDINANCE NO. 516 AN ORDINANCE of the City Council of the City of Bremerton, Washington, creating Section 18 02 175 of the Bremerton Municipal Code entitled "Specific Violations — Fines " WHEREAS, the City Council desires to establish fines for specific violations of the City Fire Code, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 18 02 175 of the Bremerton Municipal Code entitled "Specific Violations — Fines " is hereby created to read as follows 18.02.175 SPECIFIC VIOLATIONS — FINES. Any violation of any provision of the City Fire Code identified in this section may be assessed a monetary fine for each incident or occurrence as follows (a) Illegal Burning — $250 00 (b) NICET Violations —$1000 00 (c) False Fire Alarms — $200 00 (d) Fire Code Violations with the knowledge of the responsible party — $125 00 (e) Repeat Fire Code Violations for failure to correct or comply with the City Fire Code — $125 00 Nothing in this section prohibits the City from seeking other remedies as allowed by ordinance, including, but not limited to, those set forth in Section 18 02 180 below The Fire Marshal may, at his or her discretion, reduce the amount of the assessed fine due to mitigating circumstances SECTION 2. Severabilyy If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President 1 Fire Code — Fines for Specific Violations Approved this day of 9 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal \Legal \Ordlnances\Fire \Specific Violations - Fines doc 2 Fire Code — Fines for Specific Violations AGENDA BILL CITY OF BREMERTON CITY COUNCIL 68 e SUBJECT: Purchase of one metal sculpture Study Session Date September 28, 2011 from William Mueller of Sedalia, Colorado, to COUNCIL MEETING Date October 5, 2011 be installed along Pacific Avenue Department Community Dev Presenter Andrea Spencer Phone 473 -5283 SUMMARY: The Arts Commission opened a Call for Sculpture Artists on October 1, 2008. The Call closed on December 31, 2008 and resulted in 75+ artist applications from around the US. After a lengthy selection process, the Arts Commission narrowed their choice to seven artists. William Mueller is an artist located in Sedalia, Colorado, but has close family ties with Bremerton. Mr Mueller's work features eye - catching colors and imaginative shapes It is proposed to install this sculpture on the east side of Pacific Avenue near the intersection of 9 Street and Pacific Avenue. ATTACHMENTS: Proposed contract, scope of work, and invoice A Proposed contract with William Mueller B Proposed invoice. C Image of proposed sculpture D Proposed location on Pacific Avenue. FISCAL IMPACTS (Include Budgeted Amount) $7,100 00 from the 1% for Arts program fund APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move t approve t e contract to purchase one sculpture from William Mueller and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ Con sprit Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Attachment A CONTRACT FOR PURCHASED ARTWORK THIS CONTRACT is entered into by CITY OF BREMERTON (the "City "), having its principal offices at 345 — 6 Street, Suite 600 and William W Mueller, dba Contemporary Sculpture, (the "Artist') whose principal address is PO Box 711, Sedalia, CO 80135 Telephone (720) 560 -4632, wwmueller @yahoo com In consideration of the mutual benefits and covenants contained herein, the City and the Artist agree as follows - SECTION 1. EFFECTIVE DATE OF CONTRACT The Contract will become effective on execution and terminate on December 31, 2011 or completion and approval of installation, whichever occurs first In no event will the Contract become effective unless and until it is approved and executed by the City Council SECTION 2. SERVICES TO BE PROVIDED 2 1 A description of the services to be performed by the Artist is set forth in Exhibit A Description of Services, which is attached to the Contract and incorporated by this reference 2 2 The Artist agrees to provide his own labor and materials Unless otherwise provided for in the Contract, the City will furnish no material, labor or facilities 2 3 The Artist will perform the work specified in the Contract according to standard industry practice. 2 4 The Artist will complete his work in a timely manner and in accordance with the schedule agreed to by the parties 2 5 The Artist will perform the services set forth above and required under this contract in a satisfactory and competent manner Should the Artist employ and subcontract with any third persons in the performance of this contract, the Artist agrees that all such third persons will be bound by the terms and conditions of this contract The Artist agrees to comply with all applicable City, local, state and federal laws, regulations and ordinances regarding performance of all work necessary to complete the services contracted for herein 2 6 The Artist will confer with the Arts Commission and City staff from time to time during the progress of the work The Artist will prepare and present status reports and other information that may be pertinent and necessary, or as may be requested by the Arts Commission or mandated in Exhibit A SECTION 3. CONTRACT REPRESENTATIVES The City and the Artist will each have a contract representative A party may change its representative upon providing written notice to the other party The parties' representatives are as follows - City's Contract Representative Pam Bykonen 345 — 6 Street, Suite 600 Bremerton, WA 98337 360 -3473 -5202 360 -473 -5278 (fax) Pam Bykonen@ci bremerton wa us Contractor's Contract Representative SECTION 4. COMPENSATION 4 1 A description of the compensation to be paid to the Artist is set forth in Exhibit A Compensation, which is attached to the Contract and incorporated by this reference 4 2 The total amount payable under the Contract by the City to the Artist in no event will exceed $7,100 00 4 3 The City shall determine dates of completion for stages of the project The artist may submit an invoice to the City after each stage is completed Subject to the other provisions of the contract, the City will generally pay such an invoice within 30 days of receiving it It is understood that the City has no obligation regarding sales commissions or any agreements with galleries or agents with whom the Artist may have contracted 4 4 The Artist will be paid only for work expressly authorized in the Contract 4 5 The Artist will not be entitled to payment for any services that were performed prior to the effective date of the Contract or after its termination, unless a provision of the Contract expressly provides otherwise 4 6 If the Artist fails to comply with any terms or conditions of this contract or to provide in any manner the work or services agreed to herein, the City may withhold any payment due the Artist until the City is satisfied that corrective action, as specified by the City, has been completed This right is in addition to, and not in lieu of, the City's right to terminate this contract 4 7 In the event that the Artist breaches any of the obligations, terms and conditions of this contract, has failed to provide in any manner the work or services agreed to herein, and if the City deems said breach to warrant corrective action, the following sequential procedure shall be followed 1 The City shall notify the Artist in writing of the nature of the breach, 2 The Artist shall respond in writing within ten (10) working days of his /her receipt of such notice, and indicate in the response the steps being taken to correct the specified non - compliance actions constituting breach The corrective action plan shall specify the proposed completion date for bringing the Contract into compliance, 3 The City shall and hereafter notify the Artist in writing of the City's determination as to the sufficiency of the Artist's corrective action plan The determination of sufficiency of the Artist's corrective action plan shall be at the sole discretion of the City, 4 In the event that either the Artist does not respond or provide a corrective action plan within ten (10) working days or the Artist's corrective action plan is deemed to be insufficient, the City may terminate this contract in whole or in part pursuant to the Termination Section, 5 In addition, the City may withhold any payment owed the Artist and /or prohibit the Artist from incurring additional expenses until the City is satisfied that corrective action has been taken or completed, and 6 Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to the Termination Section 4 8 The contract amount is inclusive of all applicable state and federal taxes including any Washington State Sales Tax owed by the City as a result of this contract It is the responsibility of the Artist to remit any sales taxes to the Washington State Department of Revenue SECTION 5. AMENDMENTS AND CHANGES IN WORK - WARRANTIES 5 1 The Artist warrants that the design or work being commissioned is the original product of his /her own creative efforts 5 2 The Artist shall be responsible for a period of one year from the date of installation of the Artwork for the integrity of the materials and fabrication techniques of the artwork and the installation Artist's liability for breach of this warranty shall be limited to the cost of repairs of the artwork and /or the installation The responsibility for the determination of the Artist's liability for faults or defects in the work during the one -year period shall be solely that of the City The Artist is not expected to warrant damages caused by vandalism, normal wear and tear and natural occurrences such as storms, fires, floods and earthquake damage 5 3 In order to be effective, any Contract renewal, amendment or modification must be in writing, be signed by both parties and be attached to the Contract Work under a renewal, an amendment or a modification may not commence until the renewal, amendment or modification has been approved by the Arts Commission, as well as the City Council, and has become effective 5 4 The City may request that the Artist provide additional services beyond those required in the Scope of Service These additional services, if performed due to unusual circumstances outside the Artist's contract which cause the Artist extra work and expense, shall be paid for by the City in addition to the agreed upon fee set forth in paragraph 4 2 above, provided that the Artist first obtains prior authorization of the extra expense(s) by the City SECTION 6. HOLD HARMLESS AND INDEMNIFICATION 6 1 The Artist will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, loss, expenses, damages and judgments of any nature whatsoever, including reasonable costs and attorneys' fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or ansing out of the acts, errors or omissions of the Artist, its officers, employees or agents in the performance of the Contract Provided, however, that the Artist's obligation under this provision will not extend to injury, sickness, disability, death or damage caused by or ansing out of the sole negligence of the City, its officers, officials, employees or agents The Artist's duty extends to the claim by Contractors or any subcontractor's officers, employees or agents. For the purposes of this indemnification provision, the Artist expressly waives its immunity under Title 51 (Industrial Insurance) of the Revised Code of Washington and acknowledges that this waiver was mutually negotiated by the parties 6 2 Provisions of this section shall survive the expiration or termination of this agreement 6 3 The Artist's obligations under these provisions include, but are not limited to, investigating, adjusting and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the Artist, the Artist's employees, agents or subcontractors SECTION 7. INSURANCE 7 1 Insurance coverage is not required during the design phase of this contract or while the Artist is completing work on the artwork in his /her studio Prior to the commencement of any on -site installation or fabrication, the Artist and /or his /her subcontractors shall purchase and maintain for the duration of any on -site fabrication and /or installation, insurance against claims for injuries to persons or damages to property that may anse from, or in connection with, the performance of work done by the Artist, his /her agents, representatives, employees, and /or subcontractors 7 2 The Artist and /or his /her subcontractors shall pay for the costs of the required insurance. 7 3 All insurance policies shall name the City of Bremerton, its officers, officials, employees and agents as additional insured's as respects liability ansing out of activities performed by or on behalf of the Artist in connection with this Contract 7 4 Any deductibles or self - insured retentions must be declared to, and approved by, the City The deductible and /or self - insured retention of the policies shall not apply to the Artist's liability to the City and shall be the sole responsibility of the Artist 7 5 The Artist's insurance shall apply separately to each insured against whom claim is made and /or lawsuit is brought 7 6 The Artist's insurance coverage shall be the primary insurance as respect to the City, its officers, officials, employees, and agents Any insurance and /or self - insurance maintained by the City, its officers, officials, employees, or agents shall not contribute to the Artist's insurance or benefit the Artist in any way 7 7 The minimum scope and minimum limits of insurance required by this contract are as follows 1 WORKERS COMPENSATION Coverage as required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington 2 PROFESSIONAL LIABILITY Visual Artists do NOT require professional liability insurance However, in the event that services delivered as a part of this contract require professional services, Professional Liability, Errors and Omission coverage shall be provided "Professional Services ", for the purpose of this contract section shall mean any services provided by a licensed professional, such as structural review or engineering A The Artist will include all subcontractors as insured's under its policies or will finish separate certificates and endorsements for each subcontractor All coverage for subcontractors will be subject to all of the requirements stated in these provisions B The insurance limits mandated for any insurance coverage required by the Contract are not intended to be an indication of exposure, nor are they limitations on indemnification C If the Artist will be constructing the artwork on site, the Artist will provide $1,000,000 Commercial General Liability Insurance 7 8 Verification of Coverage and Acceptability of Insurers A if the Artist performs any on -site fabrication, the Artist shall place insurance with insurers licensed to do business in the State of Washington and having A M Best Company ratings of no less than A -VII, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re- insurers licensed in the State of Washington B If the Artist performs any on -site fabrication, the Artist shall furnish the City with properly executed certificates of insurance or a signed policy endorsement that will clearly evidence all insurance required in this Section within 10 days after the effective date of the Contract The certificates will, at a minimum, list limits of liability and coverage The certificate will provide that the underlying insurance contract may not be materially changed, canceled, or allowed to expire, except on 30 -days' prior written notice to the City Any certificate or endorsement limiting or negating the insurer's obligation to notify the City of cancellation or changes must be amended so as not to negate the intent of this provision C If the Artist performs any on -site fabrication, the Artist shall furnish the City with evidence that the additional- insured provision required above has been met Acceptable forms of evidence are the endorsement pages of the policy showing the City as an additional insured D Written notice of cancellation or change shall be mailed to the City at the following address Risk Management Division City of Bremerton Legal Department 345-6 th Street, Suite 600 Bremerton, WA 98337 E If the Artist performs any on -site fabrication, the Artist or his /her broker shall provide a copy of all insurance policies specified in the Contract upon request of the City of Bremerton Risk Manager SECTION 8. TERMINATION 8 1 The City may terminate the Contract in whole or in part whenever the City determines, in its sole discretion, that such termination is in the best interests of the City The City may terminate the Contract upon giving the Contractor 10 -days' written notice In that event, the City will pay the Contractor for all costs incurred by the Contractor in performing the Contract up to the date of such notice, subject to the other provisions of the Contract 8 2 If funding for the underlying project or matter is withdrawn, reduced or limited in any way after the Contract is signed or becomes effective, the City may summarily terminate the Contract notwithstanding any other termination provision in the Contract Termination under this provision will be effective upon the date specified in the written notice of termination sent by City to the Artist No costs incurred after the effective date of the termination will be paid 8 3 If the Artist breaches any of its obligations under the Contract, and fads to cure the breach within 10 days of written notice to do so by the City, the City may terminate the Contract In that event, the City will pay the Artist only for the costs of services accepted by the City Upon such termination, the City, at its discretion, may obtain performance of the work elsewhere, and the Artist will bear all costs and expenses incurred by the City in completing the work and all damages sustained by the City by reason of the Artist's breach SECTION 9. ASSIGNMENT, DELEGATION AND SUBCONTRACTING 9 1 The Artist will perform under the Contract using only its bona fide employees or agents, and the obligations and duties of the Artist under the Contract will not be assigned, delegated or subcontracted to any other person or firm without the prior express written consent of the City 9 2 The Artist warrants that it has not paid, nor has it agreed to pay, any company, person, partnership or firm, other than a bona fide employee working exclusively for Artist, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of the Contract SECTION 10. INDEPENDENT CONTRACTOR 101 The Artist's services will be furnished by the Artist as an independent contractor and not as an agent, an employee or a servant of the City The Artist specifically has the right to direct and control Artist's own activities in providing the agreed services in accordance with the specifications set out in the Contract The Artist and /or his /her agents or employees and /or sub - contractors shall make no claim of career service or civil service rights which may accrue to a City employee under state or local law 10 2 The Artist acknowledges that the entire compensation for the Artist is set forth in the compensation provisions of the Contract and the Artist is not entitled to any City benefits, including, but not limited to vacation pay, holiday pay, sick leave pay, medical, dental or other insurance benefits, fringe benefits; or any other rights or privileges afforded to City employees 10 3 The Artist will have and maintain complete responsibility and control over all of its subcontractors, employees, agents and representatives No subcontractor, employee, agent or representative of the Artist will be or be deemed to be, or act or purport to act, as an employee, agent or representative of the City 10 4 The City assumes no responsibility for the payment of any compensation, wages, benefits, or state and /or federal taxes by, or on behalf of, the Artist The Artist shall protect, indemnify and hold harmless the City its officials, officers, agents, and employees from and against any and all claims, costs, and /or losses whatsoever occurring or resulting from 1) The Artist's failure to pay any compensation, wages, benefits, or taxes, and /or 2) The Artist's receipt of work, services, materials, or supplies from the Artist's employees, suppliers or sub - contractors in connection with or support of the Artist's performance of services contracted for herein 10 5 The Artist further agrees that he /she is financially responsible for and will repay the City all indicated amounts following an audit which occurs due to the negligence, intentional act and /or failure for any reason to comply with the terms of this contract by the Artist, his /her employees, or agents The Artist's obligation to repay the City shall not be diminished or extinguished by the prior termination of the contract pursuant to the Duration of Contract, or the Termination Section SECTION 11. NONDISCRIMINATION 11 1 The Artist, its assignees, delegates or subcontractors will not discriminate against any person in performance of any of its obligations under the Contract on the basis of race, color, creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status or the presence of any disability SECTION 12. OWNERSHIP OF MATERIALSMORKS PRODUCED 12 1 The Artist and City agree that any proposal to alter, modify, or otherwise change the work of the Artist shall be first discussed with the Artist. The City will make a good faith effort to contact the Artist and obtain written approval to proceed with the proposed alteration, modification, or change, such approval shall not be unreasonably withheld by the Artist If an alteration, modification or change should occur, the Artist reserves the right to request that the work no longer be represented as the work of the Artist and to have his /her name removed from any plaque or other identification of the Artwork provided that the Artist shall make this request to the City in writing 12 2 The Artist agrees the City will be granted royalty -free the authority to incorporate the project artwork in construction documents for the purposes of constructing and completing the project 12 3 The Artist shall have the right to photograph, or contract to have the project photographed, during and upon completion of construction and to provide these photographs for publication 12 4 If the Artist chooses to register the project and a copyright is registered with the US Copyright Office, the Artist shall provide the City's contract administrator with a copy of the application for registration, the registration number and the effective date of registration Except as provided in this Agreement, the Artist retains all copyrights in the project including its preliminary design and incidental works created for the Project 12 5 The Artist hereby grants the City permanent, assignable, non - exclusive royalty - free permission to make, or cause to be made, photographs and other two dimensional reproductions and models of the project for educational, project awards, public relations, tourism, arts promotional purposes without payment of a royalty to the Artist For purposes of this Agreement, the following are among those deemed to be permissible reproductions for the above cited purposes* brochures and pamphlets pertaining to the Engineer and Owner; reproduction in exhibition catalogues, project awards, books, slides, photographs, postcards, posters, and calendars, in art magazines, art books and art and news sections of newspapers; in general books and magazines not primarily devoted to art, slides and film strips, and television On any and all such reproductions a copyright of the project under the United States Copyright Law and credit to the Artist will appear The Artist agrees that all written references to and reproductions to the project shall include the following credit line "This project was sponsored by the City of Bremerton's 1 % For The Arts program " SECTION 13. PATENT /COPYRIGHT INFRINGEMENT 13 1 The Artist will hold harmless, indemnify and defend the City, its officers, officials, employees and agents, from and against any claimed action, cause or demand brought against the City, where such action is based on the claim that information supplied or work performed by the Artist or subcontractor infringes any patent or copyright or other intellectual property or proprietary right The Artist will be notified promptly in writing by the City of any notice of such claim 13 2 If a copyright is registered, all reproductions made by the City shall contain a credit to the Artist and a copyright notice substantially in the following form "'Copyright, Artist's name, all rights reserved, dates ", in such a manner and location as shall comply with the U S Copyright Laws SECTION 14. DISPUTES 14 1 Differences, disputes and disagreements between the Artist and the City arising under or out of the Contract will be brought to the attention of the City at the earliest possible time so that the matter may be settled or other appropriate action promptly taken The City's contract representative or designee will decide any dispute relating to the quality or acceptability of performance or compensation due the Artist All rulings, orders, instructions and decisions of the City's contract representative will be final and conclusive SECTION 15. MISCELLANEOUS 15 1 No Waiver The parties agree that the excuse or forgiveness of performance, or waiver of any provisions of the Contract, does not constitute a waiver of such provision or future performance, or prejudice the right of the waiving party to enforce any of the provisions of the Contract at a later time 15 2 Tax Payments The Contractor will pay all applicable federal, state and local taxes, fees (including licensing fees) and other amounts 15 3 Personnel Removal The Contractor agrees to remove immediately any of its subcontractors, employees, agents or representatives from assignment to perform services under the Contract upon receipt of a written request to do so from the City's contract representative or designee 15 4 Legal Compliance The Contractor and its subcontractors, employees, agents and representatives will comply with all applicable federal, state and local laws, rules and regulations in their performance under the Contract 15 5 The Artist and /or his /her subcontractors, shall maintain records in accordance with generally accepted accounting procedures and other evidence of all expenses incurred in the performance of this contract The City and /or Federal /State officials shall, for the purpose of examination and audit, have access to and be permitted to inspect such records and other evidence of costs and expenses charged to the City and /or incurred for the Artwork for a period of six (6) years after termination of contract 15 6 Severabdity If a court of competent jurisdiction holds any provision of the Contract to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be construed and enforced as if the Contract did not contain the particular provision held to be invalid If any provision of the Contract conflicts with any statutory provision of the State of Washington, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements 15 7 Entire Agreement The parties acknowledge that the Contract is the complete expression of their agreement regarding the subject matter of the contract Any oral or written representations or understandings not incorporated in the Contract are specifically excluded 15 8 Notices Any notices will be effective if personally served upon the other party or if mailed by registered or certified mail, return receipt requested, to the addresses set out in the contract representatives provision of the Contract Notice may also be given by facsimile with the original to follow by regular mail Notice will be deemed to be given three days following the date of mailing, or immediately if personally served For service by facsimile, service will be effective at the beginning of the next working day CITY OF BREMERTON ARTIST (Signature) (Signature) By Andrea L Spencer, AICP By William W Mueller It's Director of Community Development It's Artist/Contract Representative Date Date Approved as to form Received for filing Bremerton City Attorney City Clerk EXHIBIT A: DESCRIPTION OF SERVICES CONTRACT FOR PURCHASED ARTWORK William W Mueller, dba Contemporary Sculpture, (the "Artist ") and City of Bremerton, (the "City ") mutually agrees that the Artist provide for sale specific artwork for the "Sculpture on Pacific Avenue" (the "Project ") The Artist shall • Warrant that the work is an original product of his /her own creative effort • Guarantee the integrity of the materials and fabrication and installation techniques for a period of one year after installation • Specify the limit of the edition if an artwork is selected which can be reproduced as an edition • Notify City of Bremerton's Arts Commission staff of any changes of address during the project and following completion of the project for as long as the City shall own the artwork Implementation & Fabrication A The artwork will consist of See attached proposal from artist Exhibit B B The total budget shall not exceed $7,100 00 for the purchase and installation of the artwork An approved budget is attached as part of this contract The Artist shall provide all labor and materials necessary to produce a finished work of art and delivery of artwork C The Artist shall be responsible for delivery of the artwork in accordance with the agreed upon schedule D The artwork must be completed in accordance with the delivery schedule The estimated delivery date is October 31, 2011 This date maybe amended by mutual agreement of the Artist and the City E In the event that the City must make changes to the designated artwork site during construction, the Artist will be notified immediately of the proposed changes The Arts Commission staff and Project Manager will work with the Artist to find means of mitigating any negative impacts to the art projects Any changes required of the Artist shall require a written change order and the increased cost of such change order in Artist's labor and materials shall be added to the contract amount F The Artist will provide information to the City regarding materials and finishes to be used in the creation of the artworks Substitutions may be requested by the City in the event that the proposed materials do not comply with health and safety issues, ADA requirements or fire code ratings G Upon completion of the artwork and prior to final payment, the Artist must 1 Make public presentations regarding the artwork as requested by Arts Commission staff 2 Provide photographic documentation of the artwork at the completion of the project Photographic documentation can be submitted in the form of digital images 3 Submit a maintenance report for the project to the Arts Commission staff The report will provide detailed instructions regarding routine and extraordinary maintenance of the artwork, including specifications for any replaceable units or specialty fabricated parts such as tiles, grates, grouts, paint colors, or other surface finishes, plantings, or multiple -cast elements 4 Submit an Artist's statement concerning the artwork purchased under this agreement, and 5 Submit the Artist's professional resume COMPENSATION & PAYMENT SCHEDULE The Artist will be paid a total of $7,100 00 for the scope of work included in this contract The payments will be made as follows 1 $7,100 00 upon delivery, receipt of support materials, and final acceptance of the artwork Estimated installation date to be determined All Invoices should be mailed or delivered to Pam Bykonen, Staff City of Bremerton 1 % For Arts Program 345 — 6 Street, Suite 600 Bremerton, WA 98337 The Artist will submit the final invoke and other documents as are required by this Contract within sixty (60) days of completion of the Scope of Service Unless waived by the City in writing, failure by the Artist to submit the final invoice and required documents will relieve the City from any and all liability for payment to the Artist for the amount set forth in such invoice or in any subsequent invoice Attachment B September 17, 2011 William W. Mueller Contemporary Sculpture P.O Box 711 Sedalia, CO 80135 720 - 560 -4632 Purchaser City of Bremerton 1% for Arts 345 6 1 h Street, Suite 600 Bremerton, WA 98311 Pam Sykonen, Contact Person "Sun Scoop" folded %" steel plate, orange industrial coated or powder coated finish 5'1 "H x 3'8 "W x 3'10 "D Note: This sculpture has (3) 6" diameter steel circles at the base of the artwork, each drilled with (2) -Ys" holes. The artwork is bolted to a 40" x 36" wood pallet for transportation and delivery. It can be moved with a pallet jack or forklift. Weight is about 240 lbs. It can be installed on a concrete surface or base using 1 /2" anchor bolts. The sculpture is ready for installation. The artwork will be delivered by the artist. $6537.75 "Sun Scoop" Sculpture delivered to City of Bremerton $ 562.25 Washington State Tax 8 6% $7100.00 Total Cost Please make check payable to Contemporary Sculpture. Thank you' - _ so ab 10 o B - _ 1 � + ol / �1D °0 6� IT � c� {p�,, p '��p( I ��, o� Q + g� 4 � 4 �7� oo ° y L X i5 f `ti o t� 1 - -- I Attachment D -200 132401 -3 -143 4 /� /�� ' JOHNSON JULIE M ----- - - - - -_ 512 9TH STREET, - - - -- _ ❑ ❑ -- - - -- I' �' - - - -- - -- ( - _- 132401 -3- 085 -2004 YWCA OF KITSAP COUNTY I ` -- -- ui t- MULT ADDRESSES MATCH EXISTING NI STA 9+50 00 �' t = MATCH EL= 18424 Go 3; MATCH _ EXISTING CURB - - - --- N�_ EXISTING CURB 12' 12' I 44M � � ra�sao TMLOO I 10 37' -� EL= 184 76 Tw1SA0 (3 PLCS 11 - l T ' < RP =PAC 20 +16 46, , _ EL= 186 00 EL= 185 63 RP =PAC 20 +70 46, 9TH 9 +71 01 9TH 9+7099 13 ' 14 14 STA - 7 STA 20 +90 42, 21 8 LT _ 9 +69 00 _ ,o EL =186 00 3 PL 0 0 STA 20+1361 13 it CS n n A 3 5 C O EL =186 27 STA 21+23658 / EL= 185 93 El. 44 o.� 0 _ t ( EL =185 83 , .� O O O O O O O -o - 0 O O O O O C' D 0 a n r q - STA 20 +8646 (� O STA 21 +1045 OQOOOO�OOOOC 0 - END 9TH 10 +00= O U U O O O O O O AVE, EL =186 93 ; STA 20 +55 77 EL 85 64 ' -,Q O O O O O O O O C PAC 20 +43 45 � O O C? -- O O O O O O O EL= 186 56 0 O O 0 -0- O O O O 0 )+00 11 STA 20 +22 99 g' EL - 186 28 - EL =185 69 O O O O O O 0 - C STA 20 +15 41 0 - -- -© O O O C 664 0 to TYP O 0 0 0 0 0 0 0 0 i q O O O rq - EL= 187 57 13 EL= 186 89 O O O STA 2 00 0 O - O 0 0 0 O D O D0 I d s 000 STA S TA 28 , ► 0 O 00 �, , 0 (STA 20+1291 O O W =y 6 0 0 0 'EQUAL SPACING) W STA 20 +90 42, 20 7' T 20+4338, :i FUTURE SCULPTURE %i 9 (T LOCATION (BY OTHERS) 072 -2009 132401 -3- 073 -2008 J P BREMERTON TRUST C/0 132401 -3 -074 FIC AVE I BRADLEY SCOTT INC I LAWSON BARBARA . 900 PACIFIC AVE MULT ADDRE` 0 MONUMENT (PER C 0 B STD PLANS) A O8 WEST SIDE HARDSCAPE, SEE DETAIL C � 12 STATIONARY EMBEDDED NON- LIGHTED BOLLARD, SEE C � WEST SIDE DRIVEWAY, SEE SECTION EAST O9 EAST SIDE HARDSCAPE, SEE DETAI DETAIL C19 f�5 O EAST SIDE DRIVEWAY SEE SECTION A 10 C = 9 14 FIAT CURB, SEE SECTION CEMENT CONCRETE RAISED INTERSECTION, SEE SHEET 13 DETECTABLE WARNING SURFACE 2 WIDE 1 O SHELTER NOT K IN C CONTRACT C BUS SHELTER PAD BUS 11 STATIONARY EMBEDDED LIGHTED BOLLARD, SEE DETAIL C 8 r FIELD BOOK CITY OF BREMERTON BY ALE DATE DEPARTMENT OF PUBLIC WORKS & UTILITIES PAC SC IF�iyor INCHES O DINGY ENGINEERING DIVISION SCALE DRAWING NO DRAWN BY S RASMUSSEN DESIGN BY G HANNAN CHECKED BY K BROWN HORIZ 1' =10' VERT N/A DATE 612011 1 WASH PE. # DATE 612011 1 WASH PE / DATE 612011 Amy Burnett Amy Burnett Gallery Bremerton, Washington October 5, 2011 To whom it may concern: Many do not realize that Downtown Bremerton has an official arts district deemed so by council vote. Some years back a city attorney researched that there was o . y one other official arts district in the state of Washington. ( /( 1Lt:.f It is important that we reco nize and utilize our local talents. In the future I would advise that changes be made to keep art monies as local as possible, utilizing local people. Sincerely, Amy Bu tt r