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HomeMy WebLinkAbout03/01/00 AGENDA * * *.4 ~rE_~D E/~ * * * CITY COUNCIL AGENDA MARCH 1, 2000 1.CITY COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance - B. Invocation 3. ~CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes of Meeting - February 16, 2000 #AB00-055 B. Minutes of Meeting - February 23, 2000 #AB00-056 4. CLAIMS/CHECK REGISTERS; 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. LEGISLATIVE REPORT 8. PUBLIC RECOGNITION 9. NEW BUSINESS A. Year 2000 CDBG Citizens Advisory Recommendations #AB00-057 B. Bid Award for Building Removal and Site Preparation for #AB00-058 Evergreen Park Phase I! C. Professional Services Agreement with Myrvang Architects for #AB00-059 New Clubhouse at Gold Mountain Golf Complex D. Lease Agreement for Gold Mountain Golf Complex #AB00-060 Clubhouse and Concession E. Authorization for Emergency Repairs on 11~ Street #AB00-061 Sewer (EMERGENCY ITEM) 10. ADJOURNMENT OF MEETING MONTHLY STUDY SESSION TO IMMEDIATELY FOLLOW... AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: MARCH 1, 2000 ORIGINATING DEPT: C I TY COUNC I L MINUTES OF MEETING - FEBRUARY 16, 2000 ORIGINATOR: CAROL ARENDS, PRES I DENT DATE SUBMITTED: FEBRUARY 24, 2000 2. ¢.~: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED~ APPROVED~ DISAPPROVED__ AMEI~~__ COUNCIL DIRECTIVE: DATE:__ 11. AGENDA BILL NO: 00'"" 0 5~' TAPES #1686, #1687 & #16~8 -- UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES February 16, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~ Street, Bremerton, Washington, Wednesday, February 16, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Jim Reed, Conrad Esser, David Farr, Mike Shepherd, Ed Rollman, John Law, and Cecil McConnell, and Wayne Olsen. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lod Smith. The meeting opened with the Pledge of Allegiance led by Council President Arends, followed by the invocation given by Reverend A.L. Baunsgard of Hillcrest Assembly of God. President Arends made the following announcements: (1) City Council held a Pre-Council Session in the Council Conference Room to discuss general Council business. CONSENT AGENDA A. Minutes of Meeting - January 26, 2000 #AB00-043 #0049 M/S/C (McConnell/Law) Motion to approve Consent Agenda as presented. Vote on motion: In favor: Olsen, McConnell, Law, Rollman, Shepherd, Farr, Esser, Arends Abstain: Reed Motion carried. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0075 M/S/C/U (Law/Farr) On February 16, 2000, the Council does approve for payment as follows: 238688 through 238694 in the amount of $12,638.12. COUNCIL MEMBER REPORTS Conrad Esser indicated that citizens can call the Public Works Customer Service Line at 478-5920 to report potholes in need of repair; and that Districts 6, 7, & 8 would be holding a combined district meeting on March 23, 2000. David Farr added that Cris Gears, the City's Parks & Recreation Director, would be presenting information on the proposed recreation center, and ideas for subject of interest for future meetings would also be solicited. Mike Shepherd discussed the neighborhood meeting held last night to discuss the precautions that must be taken to protect children from predators, developing "family rules" and "safe houses". Ed RoIIman announced the opening of the Bremerton Transportation Center; encouraged the public to attend the event to honor "Unsung Heros" at the Admiral Theater on Thursday, February 17; and invited citizens to attend his District #4 meeting to be held this Friday, February 18, at the Washington Mutual Building, to hear Cris Gears, the City's Parks & Recreation Director discuss the proposed recreation center. TAPES #1686, #1687 & #16"8'8 - City Council Reg. Mtg. Minutes February 16, 2000 Page 2 of 10 John Law thanked the Washington State Department of Transportation for leading the discussion on the Manette Bridge at the District 3 meeting held last night at the Senior Center. He also thanked Cris Gears and the Mayor for their presentation on the proposed recreation center, and stated he will support the .recommendation by the vast majority of those in attendance to establish a special election date for placing the $16.5 million bond on the ballot. Cecil McConnell & Wayne Olsen announced the next combined Districts 1 & 2 "Town Hall" Meeting on February 17, 7:00 P.M. in the Lounge of the Sheridan Park Community Center to discuss "Eave Run-Off Separation" with Gene Sampley, Public Works Director; followed by a presentation on the "Proposed Recreation Center" with Cris Gears, the City's Parks & Recreation Director, President Arends enjoyed the District #3 meeting last night, which she found very informative; and reiterated information about the Combined District 6-7-8 meeting on March 23, 2000 at the Bremerton School Administration Building at 134 N. Marion Avenue, beginning at 7:00 P.M. MAYOR'S REPORT Mayor Horton reminded the public of the "35~ Legislative District Town Meeting" this Saturday, February 19, 2000, beginning at 3:30 P.M., in the Council Chambers; and the "Legislative Rally" to show support for better ferry service tomorrow at 12:00 noon, on the steps of the Capitol Building in Olympia. Citizens participating are encouraged to wear green and white. Mayor Horton presented a "Beneficial Suggestion Award" and "Certificate of Merit" to Dan Heistand, Traffic Maintenance Supervisor; and to Betty_ Long-Mathes, Office Assistant Senior in the Records Division of the Police Department. Paul Lucas, Safety Officer, then presented a "Safety Employee of the Year" award to John Bykonen, Wastewater Treatment Plant Operations Supervisor. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Jerry_ Soriano is asking the City for an enforceable Ordinance to address the parking issue on 1 st, 4th, 5th, and Burwell Streets downtown, and voiced his opposition to the suggestion of one-way streets. Susan Brown discussed the Chinook Ferry Issue, and believes we are now "on the right track". Victoria Williams with Kitsap Community Resources/Ameri-Corp Program, presented information on the "Year-2000 "2000" Book Drive" to support the Washington Reading Core at West Hills Elementary School. She stated the goal was to collect 2000 new or "gently used" books to expand the book room for West Hills Elementary students. Drop-off locations for the books include the two Bremerton Safeway stores, Oyster Bay QFC, Fred Meyer, City Hall, West Hills Elementary School, the Kitsap Resource Center on Park Avenue, or by calling 373-1898, ext. 18. John Skannel discussed the "bureaucracy" effects of 1-695 and the potential for a proposed private/public partnership for ferry service. Roy Mclnni$ agreed with the comments on 1-695, and questioned the money-spending decisions made by the City. Gary_ Gartin discussed the problems he has when showing downtown property to potential buyers. H. Emily Moshay, Marketing Director for the Bremerton Area Chamber of Commerce, encouraged the public to tune into "The Chamber Hour" tonight on BKAT, Channel 12, at 9:00 P.M. TAPES #1686, #1687 & #1688 City Council Reg. Mtg. Minutes February 16, 2000 Page 3 of 10 Care¥ Bozeman provided a letter to be read into the record, to express his opinion on the proposed recreation center. Paul Drn_ievic agreed with the comments of the letter, and suggested a "poll" of citizens to find out what the public would support. The Public Heatings scheduled tonight were moved ahead on the Agenda to begin them as close as possible to the advertised time of 6:00 P.M .... 11A - PUBLIC HEARING ON RESOLUTION NO. 2742. REGARDING THE RECOVERY OF FEES FOR THE ABATEMENT OF DANGEROUS CONDITIONS ON THE PROPERTY LOCATED AT 241 $. CAMBRIAN AVENUE. #AB00-048 Janet Lunceford, Building SpeCialist II, noted that on November 17, 1999, a complaint was received from the Bremerton Police Department that vagrants were inhabiting the abandoned house located at 241 S. Cambrian. Inspections by the Fire Department revealed a house open to vagrants and vandals and full of garbage. An abatement order was mailed to the owners, Gary and Lois Atnip, and posted on the property, requiring that they secure the building against entry by November 24, 1999. The abatement order was mailed by both regular and certified mail. The certified mail copy was returned by the Post Office as "unclaimed" after 3 attempts to deliver it. The owners did not secure the house by the deadline and the work was performed by the Public Works Department on December 13, 1999. The cost of this action, including administrative fees, totaled $1,111.55. Council must now decide if the fees are just and reasonable and how they should be collected. It was stated that this will not be the last action on this house. There were no comments from the public. #1810 M/S/C/U (Reed/Farr) Motion to adopt Resolution No. 2742, and order that the fees incurred for the abatement of dangerous conditions on the property located at 241 S. Cambrian Avenue be collected as reasonable abatement costs and become a lien against the property. 11B - PUBLIC HEARING TO CONSIDER THE SURPLUS OF PROPERTIES AROUND THE WASTEWATER TREATMENT PLANT, #AB00-049 Paul Lucas, Administrative Analyst for Public Works & Utilities, stated that in June 1997, the City Council approved the surplus for sale of properties around the Wastewater Treatment Plant that had been purchased as part of the odor mitigation efforts. Five properties were excluded at that time and now are determined to be surplus to the City's needs. City Council action is requested to authorize the sale of those properties. The properties affected are identified in Exhibit 1 and specifically identified by tax ID number and address in Exhibit 2. The public notice that will be sent, should Council approve this action, is provided at Exhibit 3. B.M.C. Chapter 2, Section 78, which dictates policy and steps to be taken to sell property owned by the City. Don Bullmon questioned if the property of Lovie Nichols was included in this action. Mr. Luca$ responded "no". Mr. McConnell clarified that the City already owned these properties, and is deciding to surplus them because they cost more to maintain than they are worth. Mr. Farr clarified that these properties would be sold with an "odor easement", where new owners would waive their rights to sue the City over potential odors from the Wastewater Treatment Plant. #2010 M/S/C/U (Farr/Reed) Motion to approve surplus of the properties shown in Exhibits I and 2. TAPES #1686, #1687 & #1688 City Council Reg. Mtg. Minutes February 16, 2000 Page 4 of 10 9A - BUDGET ADJUSTMENT AND DECLARATION OF SURPLUS. #AB00-026 Rich Hanna, City Treasurer, stated that this adjustment will update the budget for changes in planning for vehicle acquisition and replacement which have occurred since the budget was developed in the fall of 1998. Council is also asked to declare as surplus the vehicles shown for replacement on the schedule supporting the Budget Adjustment Request. At the request of the Operations Committee, there was an additional overview, and resulting changes were highlighted. John Becket stated that he reviewed the list of surplus vehicles and equipment, and was concerned that a few vehicles were as "new" as 1992, and asked how the City determines which vehicles to surplus, and if they would be disposed of through an auction. Mr, Hanna responded that both issues are governed by the City Policy on "Equipment Replacement", and ensured that each vehicle is scrutinized and reviewed by staff to determine which vehicles will be replaced. He also discussed the various options used to dispose the vehicles, and added that the City owned the vehicles being discussed tonight, as opposed to leased vehicles. Mr. Drn_ievic encouraged the City to utilize maintenance rather than replacement. Mr. Fart thanked Mr. Hanna and his staff for the additional $72,500 cut off the proposed budget item, and accepted the judgment of the people hired to determine the necessity of replacing vehicles. Mr. McConnell clarified that total reductions were actually close to $100,000. Mr. Reed informed the public that each month, the City places a certain amount of money into the Equipment Rental Reserve Fund for each vehicle. Mr. Esser asked for information on the "fair market value" used for surplus vehicles. Mr. Hanna stated the NADA "Blue Book" is used for a benchmark reference, but that most vehicles are sent to Stokes Auction, where bid prices usually fall between the wholesale and retail price. These funds are then returned to the Equipment Rental Reserve Fund, and used toward the purchase of a new replacement vehicle, along with the money saved monthly by the City (including any accumulated interest earned). Mr. Shepherd pointed out original policy decisions regarding vehicle replacement were based upon a long-term vision of reducing maintenance costs, so felt this was merely a "temporary diversion". #2899 M/SIC (FardMcConnell) Motion to approve Budget Adjustment Request No. 00-3. Vote on motion: In favor: Law, Rollman, Farr, Esser, Reed, Olsen, McConnell, Arends Opposed: Shepherd Motion carried. #2951 MISICIU (FardMcConnell) Motion to declare the vehicles scheduled in the supporting documents as surplus. 9B - INTERLOCAL AGREEMENT WITH TRACYTON WATER DISTRICT. #AB00-027 Gene Sam.oley, Public Works & Utilities Director, reported that the Board of Commissioners of the Tracyton Water District anticipates dissolution of the District with the service area being assumed by the City of Bremerton Water Utility. Prior to acceptance of the District's service area by the City, the existing water system must be upgraded to current standards. The District completed a Capital Improvement Plan (1998). The District lacks the technical and administrative resources to facilitate implementation of the projects identified in the CIP. The attached Interlocal Agreement authorizes the City and District to work cooperatively on implementing the water main replacement projects as described in the CIP. The City will manage the project, competitively bidding the project, ,5 TAPES #1686, #1687 & #1~ - City Council Reg. Mtg. Minutes February 16, 2000 Page 5 of 10 administering the construction, and provide assistance in securing financing for the project. The District shall be obliged for all costs of the project. Financing of these improvements shall be structured for District dissolution and City assumption of the District's debt without effecting other Bremerton Water System ratepayers. Staff recommends approval of the attached Interlocal Agreement. TAPE #1687 John Becker discussed his understanding of the original agreement and funding responsibilities, in addition to voicing his concern that City of Bremerton ratepayers may be paying more than they should. Gary_ Keenan, Tracyton Water Commissioner, corrected several inaccuracies of the previous statements, and added further information to clarify the issue. He further clarified that this proposal would be financed by Tracyton water customers, therefore City of Bremerton ratepayers would not be affected. In closing, he thanked City staff members for their assistance with these agreements. Mr. Farr asked for additional clarification to dispute the previous concerns that this would eventually be an added cost to the City of Bremerton. Mr. Sam~le_v referred to Page 2, Section #3, Item (A) of the Interlocal Agreement between the City of Bremerton & the Tracyton Water District, which states "The DISTRICT shall be obligated to pay all costs of the project, including, but not limited, to administration, design, procurement, construction, inspection, and securing financing, including Bond Council fees, if any." Mr. Law added that when this item was before the Fiscal & Budget Committee, it was thoroughly reviewed to make sure there were no costs to the City, and thanked Tracyton Water District for their patience during this process. #0073 M/S/C/U (Law/Reed) Motion to approve the Interlocal Agreement between the City of Bremerton and the Tracyton Water District, and authorize and direct the Mayor to execute the same. 9C - PROFESSIONAL SERVICES AGREEMENT WITH HAMMOND, COLLIER & WADF LIVINGSTONE ASSOCIATES, INC. FOR DESIGN SERVICES OF TRACYTON WATER SYSTEM PROJECT UPGRADE. #AB00-028 Gene Sampley, Public Works & Utilities Director, reported that the City has negotiated a Professional Services Agreement with Hammond, Collier, and Wade-Livingstone Associates, Inc. to provide survey, mapping, design, environmental and permitting services necessary for preparation of plans, specifications, and estimates to produce construction documents for the Tracyton Water District System Upgrade Project. The not to exceed amount of the agreement is $258,840.00. The Tracyton Water District has retained the City to act as engineer on the project through an Interlocal Agreement. The District will fund all work necessary for design of the improvements to their system in accordance with the Interlocal Agreement. Staff recommends approval of the Agreement. It was added that two City staff and two Tracyton Water District staff would monitor this agreement. There were no comments from the public. #0103 M/S/C/U (Reed/Farr) Motion to authorize and direct the Mayor to execute the attached agreement with Hammond, Collier, and Wade-Livingston Associates for design of the Tracyton Water System Upgrade Project in amount not to exceed $258,840.00. 9D - RENEWAL OF BREMERTON HOUSING AUTHORITY (BHA) CONTRACT FOR SUPPLEMENTAL SERVICES, #AB00-044 Tim Sholtis, Administrative Support Manager, stated that the agreement is between the City of TAPES #1686, #1687 & #1688 City Council Reg. Mtg. Minutes February 16, 2000 Page 6 of 10 Bremerton, by and through the Bremerton Police Department, and the Bremerton Housing Authority. Currently there is a contract in effect in which the Bremerton Police Department provides supplemental law enforcement services to the BHA. The agreement would continue services currently being provided to the BHA by the Bremerton Police Department. The following are the only changes negotiated with BHA, between the current contract and the proposed 2000 contract, as noted in Section C (Compensation), Item #1: · Cost of one new-hire to replace assigned police officer has been changed from $51,593 (1999) to $54,172 (2000). · The total number of dollars available in overtime has been adjusted from $29,952 (1999) to $14,000 through May 2000. Renegotiations will follow for the remaining portion of the year. · Total compensation to be paid by BHA to the City of Bremerton per the proposed 2000 agreement is $68,172, as compared to the current 1999 agreement total of $81,545. Renegotiations will cause the Year-2000 dollar figure to increase when the remaining reimbursement is added. Other than the above reference items there are no changes in language between the current 1999 and proposed 2000 agreement. There were no comments from the public. David Farr excused himself from this vote due to a conflict of interest, and stepped out of the meeting at 7:15 P.M. #0214 M/S/C/U (McConnell/OIsen) Motion to approve BHA contract for 2000 and authorize the Mayor to execute the same. 9E - STATE OF WASHINGTON WORK STUDY PROGRAM CONTRACT, #AB00-045 Tim Sholtis, Administrative Support Manager, stated that through a contract with the State of Washington Work-Study Program and Olympic College, the Department employs two students for the school academic year, July 1, 1999 to June 30, 2000. They work 19.5 hours per week at $10.00 per hour. The student hires support the Records Division. This program provides the City extra help and the students with an income and experience towards future employment. Council needs to approve the contract. Cost to the Department was $11,000. The State of Washington provided $1,740. There were no comments from the public. #0271 MISICIU (Reed/McConnell) Motion to approve Mayor to execute this contract with State of Washington Work-Study Program. David Farr returned to the meeting at 7:20 P.M. 9F - SR304 TRANSPORTATION IMPROVEMENT PROJECT: PROGESSlONAL SERVlCE~ AGREEMENT FOR GROUNDWATER MONITORING, #AB00-046 Gene SamDley, Director of Public Works & Utilities, Project Manager, stated that as part of the SR304 Transportation Improvement Project, the former Unocal Station property located at 403 South Cambrian Avenue, was purchased. Due to groundwater contamination at the site, for the next five years groundwater monitoring and reporting of findings to the Department of Ecology is required. Parametrix was identified as having demonstrated ability and site knowledge to perform these TAPES #1686, #1687 & #1 City Council Reg. Mtg. Minutes February 16, 2000 Page 7 of 10 activities. The consultants' maximum fee for this work is $45,247. The action before the Council is approval of an agreement for professional services with Parametrix. There were no comments from the public. #0375 M/SIC (McConnell/Farr) Motion to approve the professional services agreement for groundwater monitoring at 403 South Cambrian with Parametrix in the amount of $45,247 and authorize the Mayor to execute the same in accordance with City policies and procedures. Vote on motion: In favor: Reed, McConnell, Law, Rollman, Shepherd, Farr, Esser, Arends Opposed: Olsen Motion carried. 9G - SR304 TRANSPORTATION IMPROVEMENT PROJECT: PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SURVEY STAKING. #AB00-047 Gene Sampley, Director of Public Works & Utilities, stated that qualifications of four consultants from the City's consultant roster were reviewed and evaluated for the construction survey staking on the Gateway phase of the SR304 Transportation Improvement Project. Parametrix was identified as having the demonstrated ability and project knowledge to perform this activity. The consultants' maximum fee from this work is $140,737. The action before the Council is approval of an agreement for professional services with Parametrix. There were no comments from the public. Mr. Reed asked by what means the money would be refundable. Mr. Sampley explained through the Federal funding, there are a variety of funds, with seven different entities participating in the project, and that this was a fund where the money has to be spent before it is refunded. Mr. Olsen voiced his concern that Parametrix seems to be getting too many of the City's contracts. #0507 M/S/C (Farr/Reed) Motion to approve the professional services agreement for construction survey staking on the Gateway phase of the SR304 Project with Parametrix in the amount of $140,737 and authorize the Mayor to execute the same in accordance with City policies and procedures. Vote on motion: In favor: McConnell, Law, Rollman, Shepherd, Farr, Esser, Reed, Arends Opposed: Olsen Motion carried. 10A - ORDINANCE NO. 4694 (SECOND READING) ESTABLISHING A SPECIAL ELECTION DATE OF MAY 16, 2000 FOR A $16.5 MILLION PARKS & RECREATION BOND, #AB00-007 First Reading of Ordinance was presented at City Council meeting on January 26, 2000. Cris Gears reported that at its meeting on January 26, Council passed on first reading, an Ordinance establishing May 16, 2000, as the date for a special election to submit a proposal to the City's voters regarding the issuance of $16,500,000 in general obligation bonds for Parks & Recreational facilities improvements. At that time, Council directed staff to complete its work with the Mayor's site Selection Task Force, and to clearly identify a specific location for the new Recreation Center in the proposed ballot language. He provided a response to those requests, including supplementary background information regarding development costs. He further reported that the cost of the TAPES #1686, #1687 & #1688 City Council Reg. Mtg. Minutes February 16, 2000 Page 8 of 10 election, by mail, would be approximately $30,000 to $35,000. If the bond were to be placed on the General Election ballot in November, the cost would be approximately $6,000 to $8,000, but cautioned that a 6-month delay would most likely cause increased construction costs. The Site Selection Task Force completed its work on January 31't and is recommending that the proposed Recreation Center be located on property adjacent to the Admiral Theater, on the southwest corner of 6th Street and Pacific Avenue. Language reflecting that recommendation has been incorporated into the attached Ordinance. Visuals of the proposed center were shown, as well as a map of the proposed location. Mayor Horton discussed further details of the project, including the benefits to the community, the decision for the proposed location, and funding potentials. Comments in favor of the proposed Recreation Center were provided by the following: John Skannel; Mike Momany; Dave Boynton; Gary_ Cook; H. Emily Moshay; and Richard Neville. Comments in opposition to the proposed Recreation Center due to certain aspects of the project and/or the establishment of a Special Election Date rather than waiting for the General Election in November were provided by the following: Carey Bozeman; John Becker; Paul Drnjevic; and Gary_' Gartin. Mr. McConnell asked why a 6-month delay on the vote would cause a 12-month delay in the construction; would the costs incurred on the current facility go away, or be reduced; and did the $16.5 million include interest. Mr. Gears stated the 12-month delay would be due to the limited number of months in the "construction period". He explained that the current proposal includes vacating the Sheridan Park facility entirely, but they would continue to work with the YMCA to operate the Jarstad Aquatic Center more cost effectively. He further indicated that projected operating expenses for the new facility would be no worse than the costs incurred for running the current facilities, and there was also a chance it could generate revenue, then the Council could look at paying off the bond sooner. Lastly, he explained that the City would borrow $16.5 to construct these projects, but the cost to pay it back over 20 years is a higher number just as it is when you borrow money to buy a house. The cost to property owners would be approximately 85-cents per $1,000 value (example on a $100,000 house would be about $85.00 per year). TAPE #1688 Mr. Olsen reminded those who voiced preference for a November ballot, that construction costs go up, they don't go down, and agreed that the additional costs for a 12-month delay must be considered. He added that members of the downtown community who have expressed their support for this project not only believe that it will work and help downtown Bremerton, but all of Kitsap County. Mr. Law reported that this issue was discussed at the District #3 meeting last evening, where a poll of those in attendance showed the majority wanted the item placed on the ballot. Additionally, he pointed out that the cost of borrowing is not going to go down between May and the end of the year, and if one basis point is saved when issuing the bond, it could save tens of thousands of dollars. Mr. Farr, Mr. Shepherd, and President Arends also voiced their support for the proposed project, as well as the Special Election date in May to allow the voters to decide. q TAPES #1686, #1687 & #1688 City Council Reg. Mtg. Minutes February 16, 2000 Page 9 of 10 Mr. Esser held discussions with a group of his constituents who believed 1-695 sent a message stating that the voters do not want increased taxes or bonds. Therefore he did not feel he could not support the May 16 date for this bond issue due to the $30,000 to $35,000 cost of holding a special election, as well as the potential for Iow-voter turnout in May. He further expressed his opinion that this project could warrant a successful completion if the voters wanted it, but felt that waiting for the General Election in November would not only save money, but would offer a better chance for getting the 60% voter turnout required. Mr. Reed believed that voters should have their say, and he endorsed his support for improvements downtown, but also discussed budget concerns of the City, and therefore agreed that the additional costs to place this issue on a "Special Election" ballot could not be justified. He added that additional savings might also be possible if more time was taken to prepare this project to presen, t it to additional developers in a more competitive market. Mr. Rollman directed attention to the City's budget shortfall, and emphasized the need for priorities. He stressed his belief that there were other more important issues for the City to spend their time and money on at this time, and that the proposed Recreation Center could wait. #0634 M/S/C (Shepherd/Olsen) Motion to pass Ordinance No. 4694 on second reading. Vote on motion: In favor: McConnell, Law, Shepherd, Farr, Arends Opposed: Rollman, Esser, Reed Motion carried. 10B - ORDINANCE NO. 4695 (SECOND READING) REPEALING ORDINANCE NO. 4676, REGARDING REVENUE LICENSING OF RESIDENTIAL RENTAL BUSINESSES, #AB00-037 First Reading of Ordinance was presented at City Council meeting on February 8, 2000. Mayor Horton summarized that the Legal and Administrative Services Departments are recommending that Council repeal Ordinance No. 4676 in its entirety after the Mukilteo ordinance from which this ordinance was modeled, was determined to be an unconstitutional tax by the State Supreme Court in December of 1999. At the time the ordinance was adopted by the City, the Council made it clear it was aware of the pending Supreme Court action and would respond to that ruling when filed. It is recommended that the City Council review its options after the Supreme Court rules on 1-695, which limits the City's options at this time. Jeff Turnine voiced his support for the repealing of this ordinance, which he felt was unfair. #0720 M/S/C/U (Reed/Olsen) Motion to pass Ordinance No. 4695, repealing Ordinance No. 4676 in its entirety, on second reading. 10C - ORDINANCE NO. 4696 (SECOND READING) AMENDING B.M.C. 9.24 AND ADDING PROVISIONS FOR THE IMPOSITION OF A "STAY OUT OF AREAS OF PROSTITUTION", #AB00- 038 First Reading of Ordinance was presented at City Council meeting on February 8, 2000. Detective Wendy Davis, Bremerton Police Department, reiterated that the proposed amendment of BMC 9.24 would reflect necessary changes to the City's needs. These changes additionally add provisions for the imposition of a "Stay Out of Areas of Prostitution" order as a condition of pre-trial release. The extensions of the area were specified. Lt. Daniel Freeman asked that Council consider the fact that the Salvation Army Facility is within the proposed area, and could deny access to those affected by this ordinance. Chris Ormbreck stated TAPES #1686, #1687 & #1688 City Council Reg. Mtg. Minutes February 16, 2000 Page 10 of 10 that he could sympathize with people needing help, but was tired of seeing the women who choose to prostitute themselves in his neighborhood. Der. Wendy Davis clarified that Judge Docter has the authority to allow entry to the Salvation Army to meet fundamental needs, however, it would not include "loitering". Larry_ Dickerson reiterated his request to extend the designated area. Police Chief Rob Forbe-~ voiced his support for the boundaries as they now stand, and warned that a person's civil rights must be considered. Dana Ormbreck supported this ordinance, and looked forward to seeing Bremerton "clean up". Mr. Farr asked that Chief Forbes and Judge Docter closely monitor this program to ensure it works. #2000 M/S/F (Shepherd/Reed) Motion to approve ordinance on first reading, approving changes to BMC 9.24, including expansion of the area to include Park from Burwell to Evergreen Park, including Chester, and Broadway. Vote on Motion: In favor: Shepherd, Reed Opposed: Olsen, McConnell, Law, Rollman, Farr, Esser, Arends Motion failed. #2054 M/S/C/U (Shepherd/Reed) Motion to pass Ordinance No. 4696, approving changes to BMC 9.24 on second reading. With no further business meeting adjourned at 9:40 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton P J/CA/Is C: Normal Distribution File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FORAGENDA OF: MARCH 1, 2000 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING -- FEBRUARY 23, 2000 ORIGINATOR: CAROL ARENDS, PRESi DENT DATE SUBMITTED: FEBRUARY 25, 2000 2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS: ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMI-FI-AL: MAYOR: COUNCIL PRESIDENT: ~7_..¢..¢-.~ ~~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION: PULLED TABLED APPROVED DISAPPROVED AMEi~ ._~b COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0 ~'''' 05~ 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT (continued): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BI. JDGETS FACILITIES. EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1689 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES February 23, 2000 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 23, 2000, at 5:30 P.M., with Council President Carol Arends presiding. Council members present were Conrad Esser, David Farr, Mike Shepherd, John Law, Cecil McConnell, and Wayne Olsen. Council members Jim Reed and Ed Rollman were absent. Also present were City Attorney Glenna Malanca, Deputy City Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Arends, followed by the invocation given by Reverend Richard Stone of Bremerton Unity Church. President Arends made the following announcements: (1) Prior to this meeting, City Council held a Study Session to discuss the "Enetai Building & Commuter Retail Building Land Swap" with Richard Hayes, Executive Director of Kitsap Transit. (2) This will be a special abbreviated meeting tonight to allow those who wish to attend the rally for presidential candidate McCain on the waterfront park; and (3) Item 9(C) will be moved ahead on the Agenda. CONSENT AGENDA A. Minutes of Meeting - February 2, 2000 #AB00-050 B. Minutes of Meeting - February 8, 2000 #AB00-051 #0025 M/S/C/U (McConnell/Olsen) Motion to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0035 M/S/C/U (Law/Olsen) On February 23, 2000, the Council approved payment for checks 238649, 238650, 238655, 238656, 238688-238695, and 238704-238814 in the amount of $260,360.69; and Regular Payroll for the period ending 2/15/00 in the amount of $758,304.19. COUNCIL MEMBER REPORTS - There were no reports this evening. 9C - REAPPOINTMENT OF RICHARD McCONAUGHY TO THE CIVIL SERVICE COMMISSION. #AB00-054 Mayor Horton stated that Richard McConaughy's term on the Civil Service Commission has expired and recommended that he be reappointed to another term because he has been an active and valuable participant, including service as Chairman to the Committee. There were no comments from the public. #0140 M/S/C/U (FardMcConnell) Motion to confirm the reappointment of Richard McConaughy to the Civil Service Commission. MAYOR'S REPORT - There was no report this evening. TAPE #1689 City Council Reg. Mtg. Minutes February 23, 2000 Page 2 of 2 LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Don Atkinson announced the second membership meeting for the East Side Business Association tomorrow evening from 7:00 to 8:00 P.M. at the Kings Table Buffet Restaurant, to hear a presentation on the Parks Department and water park, as well as other activities. He encouraged all business owners and residents from the Eastside of Bremerton to attend. Sharon Jimenez, Ethnic Unity Coalition Board Member, invited the City Council to the "Voices of Culture Conference" to be held Thursday, March 23, 2000, 8:00 A.M. to 4:00 P.M. at Olympic College, to address bicultural issues, as well as juvenile delinquency prevention. 9A - APPOINTMENT OF STEVE McDANIEL TO THE SOLID WASTE MANAGEMENT COMMI'i-I'EE. #AB00-052 Kathleen McCluske_v, Administrative Services Director, on behalf of Mayor Horton, noted there is a vacancy on the Solid Waste Management Committee for a "business representative", and recommended Steve McDaniel be appointed to fill the vacancy. There were no comments from the public. #0280 M/S/C/U (Olsen/Shepherd) Motion to confirm the appointment of Steve McDaniel to be the "business representative" on the Solid Waste Committee. 9B - APPOINTMENT OF LYLE NELSON TO SOLID WASTE MANAGEMENT COMMITTEE, #AB00-053 Kathleen McCluske_v, Administrative Services Director, on behalf of Mayor Horton, noted there is a vacancy on the Solid Waste Management Committee for a "resident representative", and recommended Lyle Nelson be appointed to fill the vacancy. There were no comments from the public. Mr. Law noted these positions were "thankless" jobs, because no matter how it is handled, no one is ever satisfied with garbage rates. He appreciated their commitments to serve. #0340 M/S/C/U (Law/McConnell) Motion to confirm the appointment of Lyle Nelson to be the "resident representative" on the Solid Waste Management Committee. With no further business meeting adjourned at 6:47 P.M. PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton PJ/CNIs C: Normal Distribution File AGENDA BII,I, BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: r~u-'--,T 2000 CDBG Citizens Advisory ORIGINATING DEPT.: DED Recommendation ORIGINATOR: Deborah Peavler-Stewarr DATE SUBMITTED: February 8, 2000 2. CLEARANCES: 3. EXI-IIBITS: Director of Econ~ Developm~ ent Letter from YWCA City Attome ~y ..~.r~/,~..a..~?~~___~_..~ Fiscal and Budget Committ~,~~ ~,~z..~ Opemons C ommi ee ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Three actions relative to the Community Development Block Grant Program are presented. 1) The City of Bremerton has received notification from the Department of Housing and Urban Development that the actual year 2000 Community Development Block Grant allocation is $570,000. The City previously selected recipients to receive $550,000. Recommendations concerning the additional $20,000 in CDBG funds are listed below: $3,000 to Parks Department for Playground Express---organized recreation activities; $13,000 to Public Works Department for ADA sidewalk ramps; and $4,000 to the Economic Development Department for planning activities. 2) The YWCA was selectedto receive $3,650 in CDBG funds to help with the installation of an elevator in the YWCA Community Center. They have requested that we reallocate the funds to Phase II ofhhe project, which is rehabilitation of the lower level of the facility at 905 Pacific. 3) Anderson Cove is a high crime area of the City that has been targeted for revitalization. We recommend reallocating $1,000 from the City's Rehabilitation Revolving Loan Program to a grant program to purchase and install security devises for owner occupied units in the Anderson Cove Area. 8. RECOMMENDATION: Move to 1) approve the recommendations for the additional CDBG funds. 2) approve the reallocation of the funds previously provided to the YWCA to Phase II of the project; and 3) approve the reallocation of $1,000 from the Revolving Loan Program to a grant program to purchase and install security devises in Anderson Cove. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIA L: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED~ TABLED~ APPROVED~ DISAPPROVED AMENDED COUNCIL DIRECTIVE: 2. CLEARANCE COMMENTS: None 5. IMPACT ON NON-PASSAGE: Unable to allocate/reallocate funds 6. IMPACT ON STAFFING, BUDGETS, FACII,!TIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: YVV P.O. Box 559 Celebrating 50 years Bremerton, WA 98337 Serving Kitsap County Kitsap County 360-479-052:2 1948 - 1998 Fax 360-479-0484 January, 20, 2000 City of Bremerton Depmbnent of Community. Development Debbie Peavler-Stewart, Block Grant Admimstrator 286 4~ Street Bremerton, WA 98337 Dear Debbie: This letter serves as a request from the YWCA of Kitsap County to the Citv of Bremerton of Communitw Development for the reallocation of $3,650 in CDBG funding, awarded to the YWCA for the installation of an elevator in the YWCA Community Center (Phase IH Renovation Project - FY2000). Specifically. we are asking that the $3,650 be reallocated to support, the YWCA Community. Center Phase I1 Renovation Project. In September 1997, the YWCA was selected as a Community Reinvestment Project by Washington Mutual Bank. With our own resources of approximately $105,000 and a grant from WA Mutual. the YWCA purchased a two-story building at 905 Pacific Avenue, Bremerton. In April 1999, upon completion of the Phase I Renovation Project, the YWCA moved into its "new home" the YWCA Community Center. Phase I included the rehabilitation of the upper level of the building, which has allowed additional space for the YWCA ALIVE Legal Advocacy and YWCA Family Outreach Programs, a large room for support groups and meetings, a children's play area. and office space for admimstrative staff. A $90,000 CDBG award from the City of Bremerton and private contributions supported this project. The YWCA also utilized a $150.000 bank loan towards the completion of Phase I. For FY1999, the YWCA was awarded $70,000 from the Kitsap Countw CDBG and $60.047 from the Citx of Bremerton CDBG for the Phase II Renovation Project. The construction start-up o~f this project is scheduled for March 20 (see attached). Our initial plans for Phase II included a large multi-purpose room (for children's activities, vocational and educational classes, additional support groups, workshops, etc.). a ::Dress for Success" room, office space, storage space, a ramp for handicapped accessibilitx', and infrastructure work at a projected cost of $210, 535. It is significant to note - The YWCA is successfully meeting its objectives of responding to the needs of the increasing numbers families accessing YWCA services, for domestic violence victims and their children, and for families with children who are at risk for abuse and neglect. Examples are: The numbers of parents and children attending the Family Outreach and ALIVE Program support groups have more than doubled since April 1999. 237 individuals were assisted by the Aopt-A-Family Project. 46 children received support from the Back-To-School Project. The ALIVE Legal Advocacv Program assisted 566 individuals, and the numbers of self-referrals (walk-ins) has increased. In 1999, the YWCA of Kitsap County provided assistance to over 5,000 individuals, 85% of whom according to HUD guidelines are low to very low income. ~ Equal Housing A United Way Opportunity Agency "To thrust our collective power toward the elimination of racism wherever it exists and by any means necessary.' Even so, as we successfully operate an additional facility., while effectively maintaining quali~ programs. we are faced with issues that have led our organization to re-pr/oritize i~s objectives. We began FY2000 with a projected loss of revenue of $26,700, due to cuts from the passage of 1-695. There will be also be funding cuts of $8,500 total from the STOP Grant Program (state) and the Kitsap Coun~ Admissions Tax Grant. To offset the impending cuts, the YWCA Board of Directors in November 1999, restructured its strategic plans. It was decided: 1. Fund development for programs would have top priority and would not be compromised by capital projects. 2. Funding sources (private contributions, fundraisers) would be sought to pay off the $150,000 loan in 5 years or less. 3. That reserve assets would be established to offset furore funding cuts. 4. That the Phase II Renovation Project would be downsized. 5. To develop a plan of action to support Phase 1Ii through foundation and grant funding. As of today's date, we currently have $130,047 in CDBG funding (County and Ci~') and $4,200 (private donation) to support Phase II. $30,000 (County CDBG) and $3,650 (City. CDBG) in funding have been allocated for Phase III. Due to the changes in our strategic planning, a modified Phase II is projected at a cosec of $128,407. However, if our proposal for FY2000 funding is approved, we will be able to include some of the alternate construction work (see attached), and also architectural work and the costs of perrmts. It is significant to note that we that we will not abandon our plans to install an elevator in the ~WqCA CommuniW Center. We understand that interior accessibility is important to the Citizens Adviso~ Board. We also understand the significance of having maximum accessibilitv for all families that participate in YWCA programs. It is our goal to install an elevator no later that 2002, and thus. have begun the work so that we can accomplish this project, by researching other funding sources. This request is the result of challenges that our orgamzation has faced since moving into the '~'ZVCA Community Center, and the YWCA Board of Directors and Program Staff's expediency in addressing the issues before us. We ask that this request be given serious consideration. Should you have any questions or need additional information, please contact me at (360) 479-0522 or Carolyn Hershberger, Chairperson, Building Committee at (360) 475-7608. Thank you. AGENDA BILL BREMERTON CITY COUNCIL 1o S~CT: FOR AGENDA OF: March 1, 2000 Bid Award - Evergreen Park Phase II ORIGINATING DEPT: Parks & Recreation Building Removal & Site Demolition ORIGINATOR: Jodi Wroblewski, Asst. Director DATE SUBMITTED: February 22,2000 2. CLEARANCES: 3. EXR~I'I~: (Comment on b~ck if necessmy)//] d Parks & Recreation Director: ~~tr. 4./,O ~ * Bid Opening List City Attorney: (7x)~c" / ~~~-~* Sources & Uses of Funds C~ty. Treasurer: ' . <J--,V ~ Fiscal & Budget Committee~-~--,~--~ -Z~~_~ [ Ope rations Committ egf~.,,,,~'-~'~-. ~-.~~--~-~/~ ENDORSEMENT )'' INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITrAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened on Wednesday, February 9, 2000, for Building Removal and Site Preparation for Evergreen Park Phase II. A total of sixteen (16) bids were received for this initial phase of the park expansion project (see attached Bid Opening List). The low bidder is Ace Paving Co., Inc., of Bremerton, WA., for the lump sum of $60,000. The total contract amount, including Washington State Sales Tax at 8.2% is $64,920. The estimated cost was between $170,000 and $200,000 based on the non-salvage value of the buildings. 8. RECOMMENDATION: Motion to approve the low bid from Ace Paving Co., Inc., in the amount of $64,920, including Washington State Sales Tax, and authorize the Mayor to execute the contract for the Building Removal and Site Preparation subject to City Administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: Cris Gears, Director ENFORCEMENT OFFICIAL: Cris Gears, Director EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED__ ~'-n~IL.~ COUNCIL DIRECTIVE: DATE:~__ 11. AGENDA B[LL #= 00- 0'~''8 2. CLEARANCE cOMMENTS: - 5. IMPACT OF NON-PASSAGE: The Evergreen Park Phase II Remediaton and eventual park expansion would not go forward. The City would forfeit its grant fi.om the Department of Ecology and, eventually, its grant from the Interagency Committee for Outdoor Recreation. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: The remediation efforts at Evergreen Park will not add significantly to the workload of the Parks and Recreation Department's maintenance and operations. This step will cleanup the property and prepare it for the next phase - the construction of the park. This remediation effort will be funded by a grant from the Department of Ecology and matched by the City, with local funding to be provided from the Roosevelt Trust Fund and Real Estate Excise Tax. The project is identified in the City's 1999-2000 Biennial Budget and in the City's Capital Improvemem Plan. The total project cost is approximately $2.2 million. 7. RESEARCH SOURCES: Agreed order, Department of Ecology, authorized by City Council on September 8, 1999. CITY OF BREMERTON BID TABULATION BIDTITLE:_~_w_.,,~r~_,~ '~,--P-.~.~ ,/ ~p,~,,~ ; ,:,_ ,., __ OPENEDBY _~"~~ ~.~ DATE OPENED: 2..~cl/o,o TIME OPENED: ..~:~,,~ ]::,.,.,~. RECORDEDBY ~~'... BOND BIDDER I REC'D I ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID TAX TOTAL 7~ ~).~ ///~, ~o_~ .d _,,, SUMMARY TOTAL BID COMMENTS LOW ~ CITY OF BREMERTON BID TABULATION DATE OPENED: '--~//~2.//&° TIME OPENED:°~:~;°.?-~- RECORDED BY _"~'~ ~---~ BIDDER I REC"D [ ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 NET BID TAX TOTAL SUMMARY TOTAL BID COMMENTS Exhibit EVERGREEN PARK PHASE H BUII,DING REMOVAL & SITE PREPARATION SOURCES & USES OF FUNDS SOURCES OF FUNDS SOURCES: Funds: Department of Ecology $75,000.00 CiO: Roosevelt Trust Fund $75.000.00/L Total Sources .................................................................................................... $150,000.0~0 USES OF FUNDS DESIGN: Parametrix, Inc. $ 60,526.00 ' Total Design Cost ............................................................................................. $ 60,526.00 CONSTRUCTION: Contractor: Ace Paving Co., Inc., Bremerton, WA Lump Sum-Base Bid $ 60,000.00 W.S.S.T. ~ 8.2% $ 4.920.00 Total Construction Contract ................................................................................. ~ 64,920.0~3 ANCILLARY BUDGET Description Budget Print Plans & Specs. $ 700.00 Advertisement $ 450.00 Project Management $17,404.00 Total Ancillary Budget ........................................................................................ $18,554.00 CONTINGENCY: .............................................................................................. $ 6,000.00 TOTAL SOURCES & USES ................................................................................. $150~000.00 AGENDA BILL BREMERTON CITY COUNCIL 1. S~CT: Professional Services FOR AGENDA OF: ~r~ment with My~ang Archit~ O~G~AT~G DE~: P~ks & Recreation for d~n ~ic~ for a new clubho~e O~G~ATOR: Pat W~off, Golf Operations at the Gold Mount~n Golf Comple~ DA~ S~~D: 2. 3. E~S: CLE~CES:on ~ck (Commit ifnec~) P~ & Re~tion ~re~or: ~ A: Professional S~i~s A~eement x~th ~sk M~ager: M~g ~chite~s ~d A~hed A~ CiW A~omey: ~D~ument B 141 Ci~ Tr~s~er: ~ ~ Fis~l & Budget Commi~ee: ~ Opermions Comm~ee/~~ E~O~EME~ ~ I~O~ON ~PRO~D BY CO~CIL P~SID~ FOR S~MI~AL: 4. SUMMARY STATEMENT AND ~QUI~MENT FOR COUNCIL ACTION: Requests for Statm~t of ~lifimtion ~om ~t~ed ~chit~l fi~s w~t out ~ S~tem~ of 1997 to desi~ a new clubhouse. Twen~-t~ee fires responded ~d ~e Bumg~ ~chitects w~e sele~ed. ~ Octo~r of 1999 the l~d Bumg~ ~chitect resi~ed ~om ~e ~. ~e Commi~ is r~ommend~g ~at ~e exist~g con~ be tem~ated and the Ci~ award ~e Clubhouse Desi~ Con~a~ to M~vang ~chit~s of Silverdale who developed the orig~al site plus for ~e Gold Mo~min Clubhouse. M~vang ~chitects were among fi~s ~at responded to the orig~al Smt~t of Qualifications. ~e M~v~g fm has solid refer~ces ~d ~11 ~ able to take ov~ wh~e ~e Bumg~ F~ had le~ off, saving us both time and money. ~e cost of Desi~ Service is estimated to approximately $200,000.00. ~is numar is based on ~e estimates rmched during the pre-desi~ phase for total construction cost. ~e ~chitect's fee is derived ~om E~ibit A: AIA Document BI41 Sm~d fora of Agreem~t page 8, ~icle 11.2 Basis of Compensation. T~ P~c~t (10%) of Construction Cost plus ~e cost of reimburmble expenses, not to exceed $200,000.00. 8. RECOMMENDATION: City Council make a motion to authorize and direct the Mayor to execute the Professional Services Agreement with Myrvang Architects to provide design services for the Gold Mountain Clubhouse as described in Exhibit A of the Professional Services Agreement for a not to exceed amount of $200,000.00. 9. RESPONSIBLE OFFICIAL: Cris Gears ENFORCEMENT OFFICIAL: Cris Gears EXPIRATION DATE: 12-31-00 REVIEW DATE: 10. NOTICE OF ACTION A~ PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL #: O0 -- 0 5~q~ 2. CLEARANCE COMME~.~: ~ 5. IMPACT OF NON-PASSAGE: We will not be able to move forward with the design of a new clubhouse for the Gold Mountain Golf Complex, and will be unable to make the new facility available to the pubic for the 2001 season. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: The clubhouse design project has been budgeted in 2000 in fund 407. Stafftime will be required for input and review. This time is absorbable within current staW~ng levels. 7. RESEARCH SOURCES: CITY OF BREMERTON 26-Jan-O0 09:16AM GOLF COURSE PROFORMA :::::::::::::::::::::?: INFLATION: ii?!ii:;::O,~ i; 1996 !.997 199___q8 !999 2000 .2001 2002 2003 2004 2005 PLAYERS - CASCADE 66,767 60.235 61,653 57,953 60,000 60,000 60,000 60,aoo 60,000 50,(~0 PLAYERS - OLYMPIC 11.197 54,580 49,750 49,260 50,000 50,000 50,0(~) 50,000 50 000 50,000 TOTAL PLAYERS 77.964 114,815 111,405 107,213 110,(X~0 110,000 110,000 110,000 110,000 110,000 GREEN FEE / PLAYER - CASCADE 16.05 17.67 17.88 18.47 17.63 18.34 19.14 19.81 20.55 21.23 GREEN FEE / PLAYER - OLYMPIC 18.52 22.33 27.30 27.25 26.99 27.72 28.67 29.81 30.77 31.86 DRIVING RANGE / PLAYER 0.05 0.09 O. 10 0.09 0.09 0.09 0.09 0.09 0.09 0.09 CART PATH FEE / PLAYER O. 14 0.2__~2 0.26 0.25 0.25 0.25 0.25 025 0.25 0.25 AVERAGE INCOME / PLAYER 16.59 20.19 22.45 22.84 22.22 22.94 23.81 24.69 25.53 26.40 GREEN FEES - CASCADE 1,071,501 1,064,264 1,102,055 1,070,329 1,057,800 1,100,400 1,148,400 1,188,600 1,233,000 1,273,800 GREEN FEES - OLYMPIC 207,418 1,218,899 1,358,413 1,342,468 1,349,500 1,386,000 1,433,503 1,490,500 1,538,503 1,593,000 DRIVING RANGE 3,534 9,774 11,501 9,838 10,094 10,01;~4 10,0~4 10,094 10,004 10,094 CART PATH 10,893 25,687 28,962 26,304 26,988 26,988 26,988 26,988 28,988 26,988 PRO SHOP 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,000 7,0C~ 7,000 RESTAURANT 14,100 26,382 23,966 23,716 24,427 25,160 25,915 26,693 27,493 28,318 INTEREST 127,596 10,000 15,306 23,488 23,488 23,488 ~ 23,488 23,488 23,488 TOTAL GROSS REVENUE 1 ~442~042 2,362,006 2,547,2!3 2,503,163 2,499,297 2,579,130 2,675,385 2,773,362 2,866,563 2,962,688 SUPERINTENDENT 616,721 936,713 928,520 888,220 983,697 1,013,208 1,043,604 1,074,912 1,107,160 1,140,374 PROFESSIONAL 290,039 282,665 295,317 296,931 346,323 356,713 367,414 378,436 389,790 401,483 ADMINISTRATION 118,715 137,916 146,007 152,485 183,894 189,411 195,093 200,946 206,974 213,184 CAPITAL EQUIPMENT REPLACEMENT 73,880 109,272 168,228 64,843 125,000 I 128,750 132,613 136,591 140,689 144,909 GOLF COURSE DEBT SERVICE 1994 , 310,868 505,868 500,630 500,832 238,275 ~ GOLF COURSE DEBT SERVICE lgG9 .~ 0 0 0 0 260,462 ' 378,662 ! 376,898 374,768 377,232 379,092 CLUB HOUSE DEBT SERVICE _0 O_ 0 _0 _0 200,000 200,000 200,000 2ao,cK~ 200,000 TOTAL EXPENSES ...................................... !~,f11_0~,;~_23. _1 9-~,_4a4_~ _ ~,038,702. 1, _903,311.. 2,137651 2266743 _2..3_15622.~ 2,365,644 ._ 2,421.,844 2,479,.C~3. OPERATING SURPLUS (DEFICIT) 3i,819 389,572 508,511 599,852 361,646 312,386 359,763 . 407,718 444,719 483,645 v I PROFESSIONAL SERVICES AGREEMENT MYRVANG ARCHITECTS The City of Bremerton ("City") and Myrvang Architects ("Architect"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Architect will perform A/E Basic Services for Schematic Design, Design Development, Construction Documents, Bidding and Negotiation of a new clubhouse at the Gold Mountain Golf Complex. This design will be consistent with the parameters of scope, budget, and program, established in the pre-design study. The specific services provided under this Agreement are defined and attached as Exhibit "A", Articles 2 and 3 as amended and incorporated by reference. The Scope may be modified only pursuant to Section VI. D. of this Agreement. If the Scope provides for unspecified additional services the City may request, such services shall only be performed upon the express, written request of the City. II. Term: This Agreement commences on the date of execution and terminates on May 31, 2001, unless another date is substituted pursuant to Sections VI. D. or VIII. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Architect in an amount not to exceed Two Hundred Thousand Dollars ($200,000). Architect's fees shall be billed according to the percentage of completion of each phase. The Architect shall submk regular billing statements describing services rendered with a breakdown for work completed as authorized under this Agreement and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope. Upon receipt ora conforming billing statement, the City shall promptly process payment. Architect shall not perform work beyond the Scope, nor shall be compensated for such work, unless the Scope or amount of compensation is modified pursuant to this Agreement. Additional services shall be compensated for only if requested pursuant to Section I and shall be compensated as set out in the request or, if the request does not so provide, as set out in the attached fee schedule. 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 Architect of its obligations under this Agreement. IV. Relationship of Parties: Architect is skilled in the matters addressed in the Scope and is performing independent functions and responsibilities within its field of expertise. Architect and its personnel are independent Architects and not employees of the City. Architect and its personnel have no authority to bind the City or to control the City's employees and other Architects. Bremerton/Myrvang Gold Mountain Golf Complex Page 1 As an independent Architect, Architect is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Architect or its personnel. As an independent Architect, Architect is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, B&O, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquem amount, plus any additional charges arising from the delinquency, from any payments due Architect. V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement, Architect shall provide a Certificates of Insurance to the City's Risk Manager verifying that it has the following coverage: A professional liability policy ("E&O") providing coverage of $1,000,000 for errors and omissions committed by Architect while perform/ng its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with 30 days' written notice of any cancellation or change of coverage of the policy. Architect shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Architect agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Architect, its employees, its sub Architects, its agents, or its assigns in the performance of this Agreement. The City and Architect have specifically negotiated Architect's waiver of its immurfity under Title 51 RCW, which is hereby waived for purposes of Architect's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. VI. General Conditions: A. Reports and Information: When requested by the City, Architect shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Architect shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreemem shall remain in full force and effect. Bremerton/Myrvang Gold Mountain Golf Complex Page 2 D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Address Architect Address City Clerk Myrvang Architects 239 Fourth Street 17035 Olympic View Road NW Bremerton, WA 98337 Silverdale, WA 98383 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Architect shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shah be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of th/s Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. Nondiscrimination: Architect shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, markal status, or disability, except for employment actions based on bona fide occupational qualification. VIII. Termination: This Agreement may be terminated, at will, by either Party upon 30 days' notice to the other Party. This Agreement may be immediately terminated for cause by a Party, if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance wkhin five days of the terminating Party's sending notice to the non-performing Party,. Upon termination the City will be entitled to reports showing the status of all items listed in the Scope of Work current through the termination date. CITY OF BREMERTON MYRVANG ARCIqlTECTS LYNN S. HORTON STEVE MYRVANG its: Mayor its: Departmental Approval: Bremerton/Myrvang Gold Mountain Golf Complex Page 3 CRIS GEAR Director of Parks & Recreation Approved as to form: GLENNA MALANCA City Attorney Received for Filing: KATHLEEN McCLUSKEY City Clerk Bremerton/Myrvang Gold Mountain Golf Complex Page 4 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OX~NER AND ARCHITECT ARTICLE 1 schedule or construcUon budget, the Architect shall prepare. for approval by the Owner, Design D~velopment Documents ARCHITECT'S RESPONSIBILITIES consisting of drawings and other documents to fbx and describe the size.and character of the Project as to architectur~l, strut- 1.1 ARCHITECT'S SERVICES rural, mechanical and electrical systems, materixts and such 1.1.1 The Architect's services consist of those services per- ~other elements as may be appropriate. formed by the Architect, Architect's employees and Architect's ~,~ / consultants as enumerated in Articles 2 and 5 of this Agreement ;~,(2.3.2 The Architect shat J, advise the Owner of arly adjustments and any other services included in .Article 12. ~v to the preliminary ~timate of Construction Cost. 1.1.2 The Architect's services sh~ll be performed ~s ex~di~ tiously as is consistent with professional skill and care andXt.~ x 2.4 CONSTRUCTION DOCUMENTS PHASE orderly progress of the Work. Upon request of the Owner, the \ 2.4.1 Based on the approved Design Development Docu- Architect shall submit for the Owner's approval a schedule for, ~ merits and any further adjustments in the scope or quality of the performance of the Architect's services which may beN4/the Project or in the construction budget authorized by the adjusted as the Project proceeds, and shall include allowances Owner, the Architect shall prepare, for approval by the Owner, for periocls of time required for the Owner's review and for Construction Documems consisting of Dr-awings and Specif~ca- approval of submissions by authorities having jurisdiction over lions setting forth in detail the requirements for the construc- ~e Project. Time limits established by this schedule approved lion of the Project. ~-'---'~~ ~ by the Owner shall not, except for r~sonable cause, be cxc~ded ,/'~ by the Architect or Owner. 2 4 2 The Archite t ar, ch.;:. :?,,7 C, ~,u¢, ~ t.~_~.z.~-~.,Z, the necessary biddin ' ~ mg forms, the Condi- 1.1.3 The services covered by this Agreement are subject to tions of the Contract, and the form of Agreement between the the time limitations contained in Subparagraph 11.5.1. Owner and Contractor. 2.4.3 The Architect shall advise the Owner of any adjustments ARTICLE 2 to previous preliminary estimates of Construction Cost indi- SCOPE OF ARCHITECT'S BASIC SERVICES cared by changes in requirements or generai market conditions. 2.4.4 The Architect shall assist the Owner ,.n connection with 2.1 DEFINITION the Owner's responsibiii:,:- for filing documents required for the approval of goverpwnental authorities having iurisdiction 2.1.1 The Architect's Basic Services consist of those described over the Project. in Paragraphs 2.2 through 2.6 and any other services identified in Articte 12 as part of Basic Services, and include normal struc- tural, mech:~nical and electrical engineering services. 2':5. BIDDING OR NEGOTIATION PHASE Construction Docume~f the Ntest pretimmm-y estimate 2.2.1 The Architect shall review the program furrushed by the of Const~wner in obtaining b!ds Owner to ascertain the requirements of the Project and shall or negotm~e..~~st in ~ preparing arrive at a mutual understanding of such requirements with the contr~ mr construct~cn. Owner. 2.2.2 The Architect shall provide a preliminary evaluarion of 2.6 CONSTRUCTION PHASE--ADMINISTRATION the Owner's program, schedule and construction budget OF THE CONSTRUCTION CONTRACT lP,-' requirements, each in terms of the other, subject to the limita- 'B,6.1 The Architect's resoonsibilitv to provide Basic Services lions set forth in Subparagraph 5.2.1. fo>'~ Construction Pha~e under this Agreement corn~ ~'e~'T~es 2.2.3 The Architect shall review with the Owner alternative with t~award of the Contract for Construction,,jm'd termi- approaches to design and construction of the Project. nates at tt'I's~arlier of the issuance to the Ow,~ of the final 2.2.4 Based on the mutually agreed-upon program, schedule Ce~'tificate fof'~ment or 60 davs after t.1~-,~date of Substan- and construction budget requirements, the Architect shall t~pletion ~Drk. ~J prepare, for approval by the Owner, Schematic Design Docu- 2~' dm~istra~>n of the Con- merits consisting of drawings and other documents illustrating t~low an~ ~ the edition of the scale and relationship of Proiect components. ~~s of the Contract for 2.2.$ The Archi~:ect shall Submit to the Owner a pretimina~ Co~te oP~ Agreement, unless other unit costs. 2~s ora tu"~it:: of the ArC~ed or extende'~thout 2.3 DESIGN DEYEkOPMENT PHASE w~ect with conse"nlaof 2.3.1 Based on the approved Schematic Design Documents the.~ntractor~ent slaall not be unreasonably and any adjustments authorized by the Owner in the program, withheld. ' ~{A DOCUMENT R141 · OWNER-ARCHITECT AGREEMENT .. FOURTEENTH EDITION ,, AIA~ · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE~~ YORK AVENUE, N.W., WASHINGTON. D.C, 20006 B'~ 41-1987 2 WARNING.: Unlicensed photocopyin~ violates U.S. col~¥ri~ht la~s and is su~iect to legal 31 2.~.4 The Architect shall be a representative of and shall advise quantity of the Work, (2) reviewed construction means, meth- an/~ consult with the Owner (1) during construction until f'mal ods, techniques, sequences or procedures, (3) reviewed copies p.ay~nent to the Contractor is due, and (2) as an Additional Ser- elf requisitions received from Subcontractors and material sup- vice)~t the Owner's direction from time to time during the cdr- and other data requested by the Owner to/substantiate rectiO~ period described in the Contract for Construction4The Contractor's right to payment or (4) ascertained how or for Ar.chitS! shall have authority to act on behalf of the C~{vner purpose the Contractor has used money pr~viouslv paid only to~t~he extent provided h~ this Agreement unless otht~rwise on of the Contract Sum. ' ' mo~ifiec~ written instrument. / 2.6.1 The.~-chitect shall have authority to reje : Work which 2.6.5 shall visit the site at intervals a mate does conform to the Contract Whenever the to the of construction or as otherwise by the Archite, considers it necessary, or advisable )r implementa- Owner and in writing to become familiar tion intent of the Contract .architect will with the and quality of the Work corn and to haw rity to require additional ins or testing of the determine in if the Work is being in a man- Work in a h the provisions of ~e Contract Docu- net indicating the Work when completed wi be in accor- menu, or not such Work is fab installed or dance with the ;ontract Documents. he Architect completed, neither this autN the Architect nor shall not to make exhaustive or on-site a decision in good faith either to or not to exer- inspections to the quality or quantity, o: the Work. On cise such shall give rise to a or responsibility of the basis of on- observations as an archite, the Architect the Architect the Contractor, Subco: matenaJ and shall keep the informed of the and quality of equipment ers, their agents or )loyees or other per- the Work, and endeavor to guard Owner against sons performin of the defects and deficien les in the Work. extensive site representation may agreed to as an as :~.6.'1:~ The Arch shall review approve or take other described in 3.2.) appropriate action )on Contractor submittals such as Shop Drawings, Product and but only for the limited 2.6.6 The Architect not have over or charge of purpose of checking with information given "'X and the design conce expressed the Contract Documents. and shall not be res for means, methods, lil~ The Architect's a :tic techniques, sequences or for safer.,.- precautions ~ with such reasonable and programs in connectic Work, since these are _"~ promptness as to eau in the Work or in the con- solely the Contractor's under the Contract for 5k,~ struction of the Owner c contractors, while allow- Construction. The Architect ot be responsible for the\ lng sufficient time in the :ct's professional judgment to Contractor's schedules or fai arr'5.' out the Work in accor- permit adequate review, of such submittals is nor con- dance with the Contract :ts. The .~'chitect shall not ducted for the purpose or the accuracy anG corn- have control over or char or omissions of the Contrac- pleteness of other details su( as dimensions and quantities or tot, Subcontractors, or their or employees, or of any for substantiating instruct~or installation or performance of other persons performing )f the Work. equipment or systems desi~ Lv the Contrac:or. ali of which remain the Contractor to the extent 2.6.7 The Architect shall at access to the Work required by the The :M-chitect's review wherever it is in preparatior shall not constitute app~ -=D' precautions or, unless otherwise specifically s~ of construction 2.6.8 Except as may be ,ided in the Contract means, methods, techi or procedures. The Documents or when have been spe- Architect's approval a specific em shall not indicate cially authorized, the shall communicate approval of an of which item is a component. through the Architect. )ns b with the Archi- When professional of ~ characteristics tect's consultants shall through the .arcl. tect. of materials, 3ment is req by the Contract Documents, the sh~ be entitle~to rely upon such 2.6.9 Based on the observations ud evaluations of certification to est ~at the materials.Nsvste~s or equip- the Contractor's Ap for Payment Mchitect shall ment will meet performance criteria req~'ired by the Con- review- and certify, amounts due the :tot. tract 2.6.10 The certification for shall consti- 2.6.13 The itect shall prepare Change Qrders and Con- tute a to the Owner, based on .~chitect's struction Cl' Directives. with supporting~documentation observations at site as provided in 2.6.5 and and data ff ( :d necessary bv the Architect ~as provided in on the data the Contractor's Ap z for Pay- Subparagrapt' 3.1.1 and 3.313. ?or the Owner'~approval and merit, that, to best of the Architect's knowle, informa- execution iq tccordance with the Contract Do~um&nts. and the Work has progressed to the point may autho[.i~ minor changes in the Work not ~nvolving an and the of Work is in accordance with the ;ontract adjustme.n~ir the Contract Sum or an extension or,he Contract The foregoing representations are subj to an Time whijfh are not inconsistent with the intent of ~e Contract evaluation f the Work for conformance with the Documej~ts. ~ Substantial Completion, to results of inspections, to minor deviations from 2.6.14 ['he Architect shall conduct inspections to ~etermine tract correctable prior to completion and ~spe- or dates of Substantial Completion and the date of final cific the Architect. The issuance~fa ion, shall receive and forward to the Owne~for the for Payment shall further constitute a representationx, s review and records written warranties andXxrelated that Contractor is entitled to payment in the amount certl- required by the Contract Documents and '~ssem- -Iowever, the issuance of a Certificate for Payment shall by the Contractor, and shall issue a final Certificate foX[ Pay- not be a representation that the Architect has (I) made exhaus- t upon compliance with the requirements of the Co~1ract tive or continuous on-site inspections to check the quality or Documents. ~ AIA DOCUMENT B141 * OWNER-ARCHITECT AGREEMENT * FOURTEEN~ EDITION * AIA® o ©t987 3 ~'] g~'~-1 ~7 THE AMEE1C,~.N INSTITUTE OF ARCHITECTS, 1 '735 NEW YORK AVENUE, N.W, WASHINGTON, DC. 2000,5 WARNING: Unlicensed photoco.o.vin9 violate~pyright laws and is subject to legal prosecution. 2.6.15 The Architect shall interpret and decide matters con- 3.2.3 Through the observations by such Project Represen- corning performance of the Owner and Contractor under the tadves, the Architect shall endeavor to provide further protec- ~y tquirements of the Contract Documents on wr request of tion for the Owner against defects and deficiencies in the Work, the Owner or Contractor. The A~ chiSte~ response to but the furnishing of such proiect representation shall not quests shall be made with r~ asor. a3~l'e promptness and modi~, the rights, responsibilities or obligations of me Architect " as described elsewhere in this Agreement. ime limits agreed upon. // 2.6.'15 Inl'ex-'pretations and dec /'of the Architect shall be consistent wt~ the intent of a~ ~onably inferable from the 3.3 CONTINGENT ADDITIONAL SERVICES Contract Docul~ents and shall writing or in the form of 3.3.1 Making revisions in Drawings, Specifications or other drawings. When~ldng ~re ~tions and initial deci- documents when such revisions are: sions, the Architec~ to secure faithful perfor- mance by shall not show partiality .1 inconsistent with approvals or instructions previously to either, and shall no~ of interpretations or given by the Owner, including revisions made neccs- decisions so rendered faith, sary by adjustments in the Owner's program or Pro - 2.6.17 The on matters relating to nestle- ecl budget; tic effect shall be ff with the intent expressed in .2 required by the enactment or revision of codes, laws the Contract or regulations subsequent to the prepa~atior~ of such documents: or 2.6.18 The shall ~e~written decisions within a reasonable,~ all dan'ns, disput~ or other matters in quos- .3 due to changes required as a result of the Owner's fall- don betw~e the Owner and Contrac'X~r relating to the execu- ure to render decisions in a twnely manner. lion or/0re ;ess of the Work as prO~ided in the Contract Docun~nts. ~ 3.3.2 Providing services required because of significant 2.6.1~/The Architect's decisionsX.on claimsSxdisputes or other changes in the Project including, but not Limited to. size, qual- maffers, including those in question betweei~the Owner and ity, complexity, the Owner's schedule, or the method of bid- Cgm..tractor, except for those relating to aesthel'i~ effect as pro- ding or negotiating and contracting for construction, except for vfffed in Subparagraph 2.6.17, shall be subject tcXxarbitration as services required under Subparagraph 5.2.5. provided in this Agreement and in the Contract Documents. 3.3.3 Preparing Drawings. Specifications and other documen- tation and supporting 0mm. evaluating Contractor's proposals. and providing other services in connection wi~ Change ARTICLE 3 Orders and Construction Change Directives. ADDITIONAL SERVICES 3.3.4 Providing services in connection w~th evaluating substi- tutions proposed by the Contractor and making subsequent revisions to Drawings, Specifications and oth~r doc'~:mentation 3.1 GENERAL resulting therefrom. 3.1.1 The services described in this Article 3 are not included 3.3.5 Providing consultation concerr~ing replacement o£ Work in Basic Services unless so identified in Article 12, and they shall be paid for by the Owner as provided in this Agreement, in damaged by fire or other cause during construction, and fur- addition to the compensation for Basic Services. The services nishing services required in connection with the replacement described under Paragraphs 3.2 and 3.4 shall only be provided of such Work. if authorized or confirmed in writing by the Owner. If services 3.3.6 Providing services made necessary by the default of the described under Contingent Additional Services in Paragraph Contractor, by major defects or deficiencies in the Work of the 3.3 are required due to circumstances beyond the Architect's Contractor, or by failure o: performance of either the Owner or control, the Architect shall notify, the Owner prior to com- Contractor under the Contract for Construction. mencing such services. If the Owner deems that such services described under Paragraph 3.3 are not required, the Owner 3.3.7 Providing services in evaluating an extensive n~mber of shall give prompt written notice to the Architect. If the Owner claims submitted by the Contractor or others in connection indicates in writing that all or part of such Contingent Addi- with the Work. tional Services are not required, the Architect shall have no obli- 3.3.8 Providing services in connection with a public hearing. gallon to provide those services, arbitration proceeding or legal proceeding except wl~ere the 3.2 PROJECT REPRESENTATION BEYOND BASIC Architect is party thereto SERVICES 3.3.9 Preparing documents for alternate, separate or sequential 3.2.1 If more extensive representation at the site than is bids orprovidingservices in connection with Bidding, negotia- described in Subparagraph 2,6.5 is required, the Architect shall lion or construction prior to t.he completion of the Construc- tion Documents Phase. provide one or more Project Representatives to assist in carry- ing out such additional on-site responsibilities. 3.4 OPTIONAL ADDITIONAL SERVICES 3.2.2 Project Representatives shall be selected, employed and . 3.4.1 Providing analyses of the Owner's needs and program- directed by the Architect, and the Architect shall be compen- sated therefor as agreed by the Owner and Architect. The ming the requirements of the Project. duties, responsibilities and limitations of anthority of Project 3.4.2 Providing financial feasibility or other special studies. Representatives shall be as described in the edition of AIA Document B352 current as of the date of this Agreement, unless 3.4.3 Providing planning surveys, site evaluations or corn- otherwise agreed, parative studies of prospective sites. AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION ,, A1A® · 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1987 WARNING: Unlicensed photocopying violates ~c't~Wright laws and is subject to legal prosecution. :3.4.4 Providing special surveys, environmental studies and 4.2 The Owner shall establish and update an overall budget for submissions required for approvals of governmental authorities the Project, including the Construction Cost, the Owner's other or others having iurisdiction over the Project. costs and reasonable connngencies related to all of these costs. 3.4.5 Providing services relative to future facilities, systems 4.3 ff requested by the Architect, the Owner shall furnish evi- and equipment, dence that f'mancial arrangements have been made to fulfill the 3.4.6 Providing services to investigate existing condiUons or Owner's obligations under this Agreement. facilities or to make measured drawings thereof. 4.4 The Owner shall designate a representative authorized to :3.4.? Providing services to yetiS, the accuray' of drawings or act on the Owner's behalf with respect to the Project. The other iMormation furnished by the Owner. Owner or such authorized representative shall render decisions in a timely manner pertaining to documents submitted by the :3.4.6 Providing coordination of construction performed by Architect in order to avoid unreasonable delay in the orderh' separate contractors or by the Owner's own forces and coordi- and sequential progress of the Architect's services. nation of services required in connection with construction performed and equipment supplied by the Owner. 4.6 The Owner shall furnish surveys describing physical characteristics, legal limitations and utility locations for the site :3.4.9 Providing services in connection with the work of a con- of the Project, and a written legal description of the site. The gtruction manager or separate consultants retained by thc surveys and legal information shall include, as applicable. Owner. grades and lines of streets, alleys, pavements and adjoining :t.4.10 Providing detailed estimates of Construction Cost. property and structures; adjacent drainage; rights-of-way, restrictions, easements, encroachments, zoning, deed restric- t33.4.11 Providing detailed quantity surveys or inventories of tions, boundaries and contours of the site; locations, dimen- material, equipment and labor, sions and necessary, data pertaining to existing buildings, other :3.4.12 Providing analyses of owning and operating costs, improvements and trees; and information concerning available utility services and lines, both public and private, above and :t.4.1:3 Providing interior design and other similar services below grade, including inverts and depths. All the information required for or in connection with the selection, procurement on the survey shall be referenced to a Project benchmark. or installation of furniture, furnishings and related equipment. 4.$ The Owner shalI furnish the services of geote~hnical engi- 3.4.14 Providing services for planning tenant or rend spaces, neers when such services are requesied by the Architect. Such 3.4.15 Making investigations, inventories of mate~qts or equip- sea, ices may include but are not limited to test borings, test merit, or valuations and detailed appraisals of existing fa~tities, pits, determinations of soil Bearing values, percolation tests, evaluations of kazardous materials, ground corrosion and resis- 3.4.16 Preparing a set of reproducible record drawings show-- tivity tests, including necessary operations for anticipating sub- lng significant changes in the Work made during construction soil conditions, with reports and appropriate professional based on marked-up prints, drawings and other data furnished recommendations. by the Contractor to the Architect. 4.$.1 The Owner shall furnish the services of other consul- :3.4.17 Providing assistance in the utilization of equipment or rants when such sec'ices are reasonably required by the scope systems such as testing, adjusting and balancing, preparation of of the Project and are requested by the .~-chitect. operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 4.7 The Owner shall furnish structural, mechanical, chemical. air and water pollution tests, tests for hazardous materials, and :3.4.16 Providing services after issuance to the Owner of the other laboratory and environmentM tests, inspections and final Certificate for Payment, or in the absence of a £nqal Cer- reports required by lax,,, or the Contract Documents. tificate for Payment, more than 60 days after the date of Sub- stantial Completion of the Work. 4.8 The Owner shall furnish ail legal, accounting and insurance :3.4.19 Providing services of consultants for other than archi- counseling services as may be necessary at any tn'ne for the Project, including auditing services the Owner may require to tectural, structural, mechanical and electrical engineering pot- verify the Contractor's Applications for Payment or to ascertain tions of the Project provided as a part of Basic Services. how or for what purposes the Contractor has used the money :3.4.20 Providing any other services not otherwise included in paid by or on behalf of the Owner. this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 4.~ The services, information, surveys and reports required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. ARTICLE 4 4.10 Prompt written notice shall be given by the Owner to the Architect if the Owner becomes aware of any fault or defect in OWNER'S RESPONSIBILITIES the Project or nonconformance with the Contract Documents. 4.1 The Owner shall provide full information regarding 4.11 The proposed language of certificates or certifications requirements for the Project, including a program which shall requested of the Architect or .~rchitect's consultants shall be set forth the Owner's objectives, schedule, constraints and cfi- submitted to the Architect for review and approval at least t 4 teria, including space requirements and relationships, flexi- days prior to execution. The Owner shall not request certifica- bility, expandabflity, special equipment, systems and site tions that would require knowledge or services beyond the requirements, scope of this Agreement. AIA DOCUMENT [~141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION * AIA® · ©1987 5 B141-1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, NYX:., WASHINGTON, D C 20006 WARNING: Unlicensed photocopying violates U.S. cgpyright laws and Is subject to legal prosecution. ARTICLE $ .3 [f the Project is abandoned, terminate in accordance with Pm"~x~ph 8.5; or CONSTRUCTION COST .4 cooperate in revising the Prajec,~ scope and quality ~ 5.1 DEFINITION required to eeduce the Construction Cost. 5.2.5 If the Owner chooses to proceed under Clause 5.2.4.4. 5.1.1 The Construction Cost shall be the total cost or esti- the Architect, without additional charge, shall moc~., the Con- mated cost to the Owner of all elements of the Project designed tract Documents as necessary.- to comply with the fixed Ii_mit, ii' or specified by the Architect. established as a condition of this Agreement. The modification 5.1.2 The Construction Cost shall include the cost at current of Contra~t Documents shall be the limit of the Architect's market rates of labor and materials furnished by the Owner and responsibility arising out of the establishment of a f~xed limit. equipment designed, specified, selected or specially provided The Architect shall be entitled to compensation tn accordance for by the Architect, plus a reasonable allowance for the Con- with this Agreement for all services performed whether or not tractor's overhead and profit. In addition, a reasonable allow- the Construction Phase is commenced. ance for contingencies shall be included for market conditions at the time ct bidding and [or changes in the Work during construction. ARTICLE 6 5.1.3 Construction Cost does not include the compensation of USE OF ARCHITECT'S DRAWINGS, the Architect and Architect's consultants, the costs of the land, SPECIFICATIONS AND OTHER DOCUMENTS rights-of-way, financing or other costs which are the respon- sibility of the Owner as provided in Article 4. 6.1 The Drawings, Specifications and other documents pre- 5.2 RESPONSIBILITY FOR CONSTRUCTION COST pared by the Architect for this Project are instruments of the Architect's service for use solely with respect to this Project 5.2.1 Evaluations of the Owner's Project budget, preliminary and, unless otherwise provided, the Architect shall be deemed estimates of Construction Cost and detailed estimates of Con- the author of these documents and shall retain all common law, struction Cost, il' any, prepared by the Architect, represent the statutory and other reserved rights, including the copyright. Architect's best judgment as a design professional familiar with The Owner shall be permitted to retain copies, including repro- the construction industry. It is recognized, however, that nei- ducible copies, of the Architect's Drawings, Specifications and ther the Architect nor the Owner has control over the cast of other documents for infarmaUon and reference in connection labor, materials or equipment, over the Contractor's methods with the Owner's use and occupancy of the Project. The Archi- of determining bid prices, or over competitive bidding, market tect's Drawings, Specifications or other documents shall not be or negotiating conditions. Accordingly, the Architect cannot used bv the Owner or o~ers on other projects, for additions to and does not warrant or represent that bids or negotiated prices this Project or for completior, of this Proiect by others, unless will not vary from the Owner's Project budget or from anv the Architect is adiudged to be in default under this Agreement, estimate of Construction Cost or evaluation prepared or agreed except by agreement in wnting and with appropriate compen- to bx., the Architect. sation to the Architect. 5.2.2 No fL,xed limit of Construction Cost shall be established 6.2 Submission or distribunon of documents to meet official as a condition of this Agreement by the furnishing, proposal or regulatory requirements or for similar purposes tn connection establishment of a Project budget, unless such fixed limit has with the Project is not to be construed as publication in deroga- been agreed upon in writing and signed by the parties hereto. If tion of the Architect's reset, ed rights. such a fL,xed limit has been established, the Architect shall be permitted to include contingencies for design, bidding and price escalation, to determine what materials, equipment, com- ponent systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in ARTICLE 7 the scope of the Project and to include in the Contract Docu- ARBITRATION ments alternate bids to adjust the Construction Cost to the fL.xed limit. Fixed limits, il' any, shall be increased in the amount of an ?.1 Claims, disputes or other matters in question between the increase in the Contract Sum occurring after execution of the Contract for Construction. parties to this Agreement arising out of or relating to this Agree- ment or breach thereof shall be subject to and decided by arbi- $.2.3 If the Bidding or Negotiation Phase has not commenced tration in accordance with the Construction tndustr}? Arbitra- within 90 days after the Architect submits the Construction tion Rules of the American .Arbitration Association currently in Documents to the Owner, any Project budget or fixed limit of effect unless the parties mutually agree otherwise. Construction Cost shall be adjusted to reflect changes in the ?.2 Demand for arbitration shall be filed in writing with the general level of prices in the construction industry between the other party to this Agreement and with the .~wnerican Arbitra- date of submission of the Construction Documents to the tion Association. A demand for arbitration shall be made within Owner and the date on which proposals are sought, a reasonable time after the claim, dispute o5 other matter in 5.2.4 If a fL,xed limit of Construction Cost (adjusted as pro- question has arisen. In no event shall the demand for arbitration vialed in Subparagraph 5.2,3) is exceeded by the lowest bona be made after the date when institution of legal or equitable fide bid or negotiated proposal, the Owner shall: proceedings based on such chi_m, dispute or other matter in .1 give written approval of an increase in such fLxed question would be barred by the applicable statutes of limitations. limit; 7.:3 No arbitration arising out of or relating to this Agreement .2 authorize rebidding or renegotiating of the Project shall include, by consolidation, joinder or in any other manner, within a reasonable time; an additional person or entity not a part5' to this Agreement, AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT ,, FOURTEENTH EDITION ~, AiA® · ©1987 THE AMERICAN INSTITUTE OF .KRCHITECTS, 1735 NEW YORK AVENUE, N.W,, WASHINGTON, D.C. 20006 E~141-1987 6 WARNING: Unlicensed photocopying violates4:~r~.~pyright laws and is subject to legal prosecution. except by written consent containing a specific reference to .2 Ten percent of the total compensation for Basic and this Agreement signed by the Owner, Architect, and any other Additional Services earned to clare if termination person or entity sought to be joined. Consent to arbitration occurs during the Design Development Phase: or involving an additional person or entity shall not constitute .3 Five percent of the total compensation for Basic and consent to arbitration of any claim,:dispute or other matter in Additional Services earned to date if termination question not described in the written consent or with a person occurs during any subsequent phase. or entity not. named or described therein. The foregoing agree- ment to arbitrate ~nd other :~greements to arbitrate with an additional person or entity duly consented to by the parties to this Agreement sh:fll be specifically enforceable in accordance ARTICLE 9 with applicable law in any court having jurisdiction thereof. MISCELLANEOUS PROVISIONS 7.4 The award rendered by the arbitrator or arbitrators shall be Final, and judgment may be entered upon it in accordance with 9.1 Unless otherwise provided, this Agreement shall be gov- applicable law in any. court having jurisdiction thereof. ~Z- "ZZZ.~rchiter~erned by the law of the principal place of business of the TERMINATION, SUSPENSION OR ABANDONMENT 9.3 Causes of action between the parties to this Agreement 8.1 This Agree.~_~ent. may be terminated by either party upon pertaining to acts or failures to act shall be deemed to have · 4~t6t less than ~ days' written notice should the other party accrued and the applicable statutes of limitations shall corn- · mence to run not later than either the date of Substantial Corn- fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination, pletion for acts or failures to act occurring prior to Substantial Completion, or the date of issuance of the final Certificate for 8.2 If the Project is suspended by the Owner for more than 30 Payment for acts or failures to act occurring after Substantial consecutive days, the Architect shall be compensated for set- ComDletioB.. Project is resumed, the Architect's compensation shall be equi- other and ag~:vxF the contractors, c~.~giac, mT~ants, agents and tably adjusted to provide for expenses incurred in the interrup- employee,sa3fthe other for dar~ut only to the extent cov- tion and resumption of the Architect's services, cred J3v/propert',' insuragee'during construction, exceot such · , 8.3 %,T,,his Agreement may be terminated b,~ ~pon righ~ as thev may h.av~ ~o the proceeds of s~ set 'x~qOt les~ seven days' written notic~J,~d'I~&rc~i!ect_in the ~orth in the edido~of.&L-k Document .3~315'~eneral Conditio~q~ _ k,l)eve~e~andoned. If the Project of the Co~i-raCt for Constmctio_j:kK'ffrrent as of the g6 is a~-~e th~ 90 .consecutive d. ays, Agree;~eht.. The Owner. .-~chitect each shalt..r~eeth~e simillr ~ay terminat~written` wavers from the,r Con,factors, consultants.~a agems.~ ~ ~ 9.5 The Owner and Archi[ect. respectivelv, bind themselves. 8.4 Failure of the Owner to make payments to the Architect in their partners, successors, assigns and legal representatives to accordance with this Agreement shall be considered substantial the other party to this Agreement and to the partners, succes- nonperformance and cause for termination, sots, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor 8.5 If the Owner f2ils to make paymeflt when due the Archi- Architect shall assign this Agreement without the written con- tect for services and expenses, the Architect may, upon seven sent of the other. days' written notice to the Owner, suspend performance of ser- vices under this Agreement. Unless payment in full is received 9.6 This Agreement represents the entire and integrated agree- by the Architect within seven days of the date of the notice, the merit between the Owner and Architect and supersedes all suspension shall take effect without further notice. In the event prior negotiations, representations or agreements, either writ- of a suspension of services, the Azchitect shall have no liability ten or oral. This Agreement max' be amended only by written to the Owner for delay or damage caused the Owner because instrument signed by both Owner and .&rchitect. of such suspension of services. 9.7' Nothing contained in this Agreement shall create a contrac- 8.6 In the event of termination not the fault of .the Architect, tual relationship with or a cause of action in favor of a third the Architect shall be compensated for services performed prior party against either the Owner or Architect. to termination, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 8.7. 9.8 Unless otherwise provided in this Agreement, the .~-chitect and Architect's consultants shall have no responsibility for the 8.? Termination Expenses are in addition to compensation for discovery, presence, handling, removal or disposal of or expo- Basic and Additional Services, and include expenses which are sure of persons to hazardous materials in any form at the Project directly attributable to termination. Termination Expenses shall site, including but not limited to asbestos, asbestos products, be computed as a percentage of the total compensation for polychlorinated biphenyl (PCB) or other toxic substances. Basic Services and Ade!itional Services earned to the time of ter- l:nination, as follows: 9.9 The Architect shall have the right to include representa- tions of the design of the Proiect, including photographs of the .1 Twenty percent of the total compensation for Basic exterior and interior, among the Architect's promotional and and Additional Services earned to date if termination professional materials. The Architect's material~ shall not occurs before or during the predesign, site analysis, or include the Owner's confidential or proprietar3' information if Schematic Design Phases; or the Owner has previously advised the Architect in writing of AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · FOLrRTEENTH EDITION · KIA® · ©1987 7 B1 4'1-1 987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W., WASHINGTON, D.C. 20006 WARNING: Unlicensed photocopying violates U.S. cog,/right laws and is subject to legal prosecution. the specific information considered by' the Owner [o be coati- 10.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES dential or proprietary. The Owner shall provide professional credit for the ArchiTect on the construction sign :md in the pro- 10.3.1 An initial payment as set forth in Paragraph 11.1 is the motional materials for the Proiect. minimum payment under this Agreement. 10.3.2 Subsequent payments for Basic Services shall be made monthly and, where applicable, shall be in proportion to set- : ARTICLE 10 vices performed within each phase of service, on the basis set forth in Subpar'agraph l 1.2.2. PAYMENTS TO THE ARCHITECT 10.3.3 If and to the extent that the ume initially established in 10.1 DIRECT PERSONNEL EXPENSE Subparagraph 11.5.1 of this Agreement is exceeded or ex'tended through no f~tuk of the Architect, compensation for any set- 10.1.1 Direct Personnel Expense is defined as the direct vices rendered during the additional period of time shall be salaries of the Arc_~itect's personnel engaged on the Project and computed in the. manner set forth in Subparagraph 11.3.2. the portion of the cost of their mandatory :md customary, con- 10.3.4 When compensation is b=.sed on a percentage of Con- tributions and benefits related thereto, such as employment taxes :md other statutory employee benefits, msur:mc:, sick struction Cost :md any portions of the Project are deleted or leave, holidays, vacations, pensions and similar contributions otherwise not constructed, compensation for those portions of :md benefits, the Project shall be pay=hie to the extent services are per- formed on those portions, in accordance with the schedule set forth in Subparagraph 11.2.2, based on (1) the lowest bona fide 10.2 REIMBURSABLE EXPENSES bid or negotiated .proposal, or (2) if no such bid or proposal is 10.2.1 Reimbursable Expenses are in addition to compensa- received, the most recent pretiminm-7' estimate of Construction Cost or detailed estimate of Construction Cost for such por- tion for Basic and Additional Services and include expenses incurred by the Architect and Mchkect's employe~ mud con- tlons of the Project. sultants in the interest of the Proiect, as identified ir. the follow- 10.4 PAYMENTS ON ACCOUNT OF ADDITIONAL lng Clauses. SERVICES 10.2.1.1 Fxp,',,~,~ ~ rmt'spr'"t'~rlor' ir, t-r,,~n~'-,'r;o," ~,~,~ ~,~. 10.4.1 Payments on account of the Architect's Additional - ~ .......................................... Services mud for Reimbursable Expenses shall be made monthly gra~se!; !c~g dis:?.ce comm'_'~!catic~s; -~d fees ?:!~ .%.- secur upon presentation of the Architect's statement of se:-eices re.q- 10.2.1.2 Expense of reproducuons, postage and handling of 10.5 PAYMENTS WITHHELD Dr=wings, Specifications and other documents. 10.5.1 No d. eductions shall be made from the Arch~::£t s com- 10.2.1.3 If authorized in advance by the Owner. :xpense of pensation on account of penalty, liquidated damages or other overtime work requiring higher than regular rates, sums withheld from payments to contractors, or or'. account of 10.2.1.4 Expense of r~nderings, models and mock-uts r:quested the cost of changes in the Work other than those for which the by the Owner. Architect has been found to be liable. 10.2.1.5 E~xxDm:~e-cn'-~d'dirional insur~_~L~_f.e_covmm~e or limits, '---710.6 ARCHITECT'S ACCOUNTING RECORDS ~ ' ' · - 10 6 1 Records of Reimbursable Expenses :md expenses per- .Owner in e · , .__------ / tmnmg to Additional Services and services performed on the ~~basis of a multiple of Direct Personnel Exper.se shall be avail- ~n .......... o ~ ~ = ..... ~ ......... ~-~ .......... :_:~_ ........ i~.q d~i~n .~.~_ .~.~.;p,g, ,~, ~ able to the Owner or the Owner's authorized r¢prasentative at ."quiprne',r rim,' ~'~'t ,~-d i,, C..)_,,~ectiOn ,-,,!th :he Prelect mutually convenient times. ARTICLE 11 BASIS OF COMPENSATION The Owner shall compensate the ~%rchitect as follows: 11.1 AN INITIAL PAYMENT of THREE THOUSAND AND NO/I_00 Dollars(£ 2,000. 00 ) shall be made upon execution of this Agreement and credited to the Owner.'s account at final payment. 11.2 BASIC COMPENSATION 11.2.1 FOR BASIC SERVICES, as described in Article 2, and any other services included in Article i2 as part of Basic Se, vices. Basic Compensation shall be computed as follows: (Insert baals of compensation, includmg ;ttpulated sums, necessary.) TEN PERCENT (10%) OF CONSTRUCTION COST PLLLS THE COST OF REIMBURSABLE EXPENSES~; ~JD P AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH t!DITION · AIA® · © 1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEt' YORK AMENUE, NW., WASHINGTON, D.C. 20006 B1 ~1-1987 8 WARNING: Unlicensed pPiotocopying violates U.S. copyright laws and is subject to legal prosecution. 11.2.2 Where compensation is based on a stipulated sum or percentage of Construction Cost, progress payments for Basic Services in each phase shall total the following percentages of the total Basic Compensation payable: flnx~t't additional phases aS appropriate.) 'Schematic Design Phase: percent (20;%) Design Development Phase: percent (.~ Construction Documents Phase: percent ( 40 Bidding or Negotiation Phase: .oercent ( Construction Phase: percent ~ Total Basic Compensation: one hundred percent (100 % 11.3 COMPENSATION FOR ADDITIONAL SERVICES 11.3.1 FOR PROJECT RBPRESENTATION BEYOND BASIC SERVICES, as d¢~cnbcd in P~ragmph 5.2, cornpcns,~[ion $h211 be COm- puted as follows: Principal: $100.00/HOUR 11.3.2 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as d~scribed in Articles 3 and !2, other than fl) Additiona! Projeot Representation, as described in Paragraph 52. arld (2) services ir'wauded in Article i2 ~s ~rz of Baste Services. hu: excluding services of consultants, compensadon shall be compure~ ~s tbllows: ~/;tS~rt b~sl~ O/ compe~lscttiotL Ittc~ll~[ll~ rates arid/or mtdtt.Die~' '~t ~lrect Persrmn~l ,~i~De~ls~ fbr Prt~tc,'fla/~' a;td e,n:oloyees a~::l i~[~qllt,/~ /~,'t~tc':f:o:c ~t(~ .l~ts,,6~' Principal: $100.00/HOUR 11.3.3 FOR ADDITIONAL SERVICES OF CONSULT.kNTS, including add~tion~ structural, mec~ ~%an. icai mhd eiectricai engineering services and those provided under Subparagraph 3.4.19 or identiS'ied in .~-ticle 12 as part of .~ddinonal Services, a muinp[e o( ( '1 . 0 ) times the amounts billed to the Architect for such ser~'ices. (Identify spec;fie O'pe$ of cor~ultants in Article 12, if required./ 11.4 REIMBURSABLE EXPENSES 11.4.1 FOR REIMBURSAELE EXPENSES, as described in Paragraph [0.2, and any other items inctuded in .&r~c[e ! 2 a~ ReLmburs3bie Expenses, a multiple of ( 1. 2 ) umes the expenses incurred by the A. rchirect, the ..~a'clnitect's employe~ and consultants in the interest of the Proiec:. 11.5 ADDITIONAL PROVISIONS 11.5.1 IF THE BASIC SERVICES covered by this Agreement have not been c~mpleted within ( ) months of the date hereof, through no fault of the Architect, extension of the A.rch~tect's servic~ beyond that time shall be compensated as provided in Subparagraphs 10.3.3 and 11.5.2. _ . 11.'.2 ?ayments are due and payable ~..T~p.-] j~,tr~.-"~ '-- 'Pdt' (-~7%% from the d2te of the :~'chit¢ct's invoice, Amoun~unpcd ~E~¢ "/'41¢* ( ,,~ ) days after the invoice date shall be:Lr interest at the rate entered beiow, ot' in the absence thereof at the legal rate prevailing from. time to time at the principal place of' business of the Architect. (insert rate of interest agreed upon.) i.5 PERCENT PER MONTH (U$ury laws and requirements under the Federal Truth in Lenaing A ct, similar state and loc. ad cor~umer credit laws and Other' regulatiOnS at the O~zmer ~ and A rob:- tact '$ pm'ncipal places of bu. xlne~, the location of the Protect aha elsewhere may affect the r,alidity of this provision. Specific leRal aztu:ce shouid be obta:ned wltb respect to deletions or mochficatior~, and also regarding requirements such ax 2~tten disclosures or waivers.) AIA DOGUMENT B141 ', OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · ALA® · ~ 1987 9 ~141-19s7 THE AMERICAN iNSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N.W. WASHINGTON. D C. 20006 WARNING: Unlicensed photocopying violates U.S. copyright laws and is subject to legal prosecution. 11.5.3 The rates and multiples set forth for Additional Services shall be armually adjusted in accordance with normal salary review practices of the Architect. ARTICLE 12 OTHER CONDITIONS OR SERVICES (Insert d~scriptions of otl~r serf, ices, identify Additional Services i~cl~d un'thin Basic Compensation and modifications to ~e payment and com]2~t.~atton ter~r~ irtclut~d in tl~is Agr~rnent.) This Agreement entered into as of the day and year first written above. OXXrNER ARCHITECT (Sigru~ture) (Signature) (Print~ name aN tiH~ (~'nted ~me aN titl~ Steve Myrvang, A.I.A., Owner City of Bremerton AIA DOCUMENT B141 · OWNER-ARCHITECT AGREEMENT · FOURTEENTH EDITION · AIA® · ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NE',X' YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1087 ! 0 WARNING: Unlicensed photocopying violates U.S, copyright laws and~bjec! to legal prosecution. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Lease Agreement FOR AGENDA OF: Gold Mountain Clubhouse and ORIGINATING DEPT: Parks/Golf Complex Concession: ORIGINATOR: Pat Westhoff, Golf Operations DATE SUBMITTED: February 11, 2000 2. CLEARANCES: 3. EXHIBITS: (Comment on back if necessary) ,/]~ ~/ Parks & Recreation Director: t/~//~,~/ * Lease Agreement City Treasurer: Risk Manager: -~,~, Budget Commi ee:3 Operations Committee:~'~'~--O~.' ~--~4'~ ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOR: x,~ COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is the Clubhouse/Concession Lease agreement with Scott Alexander for Gold Mountain Golf Complex. The lease agreement is the same that was approved in 1993 with few' changes. Change 1: The lease will terminate ifa new clubhouse is constructed before the agreement has expired. 2: The Tenant will pay a minimum $200.00 per month. 3: The Tenant agrees to pay $12,000 for electricity. 4: Either party may terminate the lease without cause with six months written notice. We feel Scott Alexander and his staffdo an outstanding job and project an image that the City would be proud to have as a panner. 8. RECOMMENDATION: That City Council authorize and direct the Mayor to sign the Lease Agreement for Gold Mountain Golf Complex Clubhouse with Scott Alexander. 9. RESPONSIBLE OFFICIAL: Cris Gears ENFORCEMENT OFFICIAL: Cris Gears EXPIRATION DATE: ~~0 REVIEW DATE: NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE: DATE: oo- 060_ 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: Continued concession at Gold Mountain would be jeopardized. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: No additional stafftime will be required. 7. RESEARCH SOURCES: CLUBHOUSE/CONCESSION LEASE AGREEMENT TillS AGREEMENT is made this 1st day of January, 2000, between the CITY OF BREMERTON, a municipal corporation, (hereinafter referred to as "Landlord"), and SCOTT ALEXANDER, (hereinafter referred to as "Tenant"). WITNESSETH: 1. Premises: That the Landlord does, by these presents, lease to the Tenant the following described premises: That portion of the building known as Gold Mountain Clubhouse located on the Gold Mountain Golf course consisting of kitchen and dining area as it presently exists on the first floor, all of the second floor and the concession building located at the south end of the Cascade Golf Course. The Landlord hereby leases all furnishings, equipment and fixtures presently situated upon the leased premises including, but not limited to, kitchen appliances, cooking utensils, dishware, silverware, tables, chairs and all other miscellaneous equipment existing on the leased premises and owned by the Landlord for the use and operation of the restaurant, and is subject~ to the provisions of Exhibit "A", attached hereto and incorporated herein by this reference. Furniture and equipment owned by the Tenant is listed in Exhibit "B", attached hereto and incorporated herein by this reference, and is not subject to Exhibit "A". In the event that the Tenant shall add equipment not previously situated upon the leased premises, the Tenant shall retain all right, title and interest in said equipment and shall have the right to remove said equipment from the premises upon termination of the Lease. 2. Uses and Purposes: Tenant shall have the use and occupancy of the premises for the sole purpose of performing any function normally performed of a restaurant/lounge, including, but not limited to, all food and beverage sales, sale of cigarettes, candy, gum, soft drinks and other consumer items not directly related to golf'mg within the golf course, any form of legal gambling, with the Tenant responsible for obtaining all applicable licenses. Use shall be in accordance with the Washington State Liquor Control Board rules. Landlord shall provide office space within the premises for Tenant's use. This area shall be assigned by the Landlord Parks & Recreation Director. Tenant shall not use said premises or any part thereof for any illegal purpose. Tenant shall not engage in any activity with respect to or on the premises other than the express uses and purposes stipulated herein, without obtaining the prior explicit written authorization therefore from the Landlord. Tenant agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said premises. 3. Term: The term of this agreement shall be three years, commencing on January 1, 2000, and terminating on December 31, 2002. IF A NEW CLUBHOUSE IS CONSTRUCTED BEFORE THIS AGREEMENT HAS EXPIRED, THIS AGREEMENT SHALL TERMINATE, AND A NEW AGREEMENT WILL BE NEGOTIATED. 4. Rent: Tenant shall be obligated to pay two Hundred Dollars ($200.00) per month or four percent (4%) of the gross proceeds, whichever is greater, computed on a monthly basis, and in addition shall pay to the Landlord a sum equal to any leasehold taxes imposed upon Landlord by reason of this agreement. "Gross proceeds" is de£med as any and all revenue from the restaurant, snack bar, beverage carts and bar operations and any and all other food and beverage operations. 5. Accounting: Tenant agrees and shall provide a monthly accounting to the Landlord of all funds expended and collected by the Tenant. Upon termination of the lease, the Tenant shall render a complete accounting of its transactions to the Landlord. The Landlord reserves the right to inspect the f'mancial statements of the Tenant at any time and may require accounting to be performed in accordance with City audit standards. 6. Utilities: Tenant agrees to pay the landlord a total of Twelve Thousand Dollars ($12,000) per year for electricity. Payments will be made in equal quarterly payments. Landlord agrees to provide and pay all charges for heat, water, sewer and for all other public utilities which shall be used in said premises; Provided, however, That Landlord shall not be responsible for failure of provision of these services if due to causes beyond its control. 7. Sublet: Tenant shall not assign this Lease or sublet the whole or any portion of the premises without f'~rst obtaining Landlord's written consent. If consent is once given by Landlord to the assignment of the Lease, or any interest therein, Landlord shall not be barred fi.om afterward refusing to consent to any further assignment. 8. Repairs and Maintenance: Premises have been inspected and are accepted by Tenant in their present condition, and Tenant will at all times keep premises neat, clean and in a sanitary condition. Tenant will comply with all pertinent health codes. Landlord shall maintain at its sole expense the building, including the roof, foundations, exterior walls, structural members, gutters, downspouts, concealed and underground plumbing and utilities of the premises in good condition and repair, except that Landlord shall not be responsible for repair of any damage resulting fi.om the negligence of Tenant and Landlord shall not be required to redecorate the premises at any time. Tenant agrees that at the expiration of this Lease, Tenant will quit and surrender the premises in a neat and clean condition, and will deliver all keys belonging to premises to Landlord or Landlord's agent. 9. Termination: Either party may terminate this Lease, without cause, by giving SIX MONTHS (6) written notice to the other. 10. Accidents and Indemnity: Tenant agrees to defend, indemnify and hold Landlord harmless from all loss, damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting- from any act or omission of Tenant or any officer, agent, employee, guest, invitee or visitor of Tenant in or about the premises or the Building, but the foregoing provision shall not be construed to make Tenant responsible for injUries to third parties caused by the negligence of Landlord or any officer, agent, employee, guest, invitee or visitor of Landlord. Landlord shah not be liable for any loss or damage to person or property sustained by Tenant, or other persons, which may be caused by theft or by any act of neglect of any tenant or occupant of the building, or of any other person, or by any other cause, unless Landlord or its officers, licensees, agents, employees, guests, invitees or visitors is judicially found solely negligent for such damage or injury. Tenant further agrees to procure, at no expense to the Landlord, industrial insurance for all employees of Tenant. 11. Liens: Tenant shall keep premises and the property in which premises are situate, fiee fi:om any liens arising out of any work performed, materials furnished or obligations incurred by Tenant. 12. Access: Tenant will allow Landlord or Landlord's agent free access at all reasonable times to premises for the purpose of inspection, or of making repairs, additions or alterations to premises or any property owned by or under the control of Landlord, but this right shall not be construed as an agreement on the part of Landlord to make any repairs other than those repairs for which Landlord is responsible pursuant to the terms hereof. Landlord shall have the right to show the interior of premises to interested parties for thirty (30) days prior to the expiration of this Lease. 13. Fire Insurance, Hazards: No use shall be made or permitted to be made of the -leased premises, nor acts done, which will increase the existing rate of insurance upon the Building or cause the cancellation of any insurance policy covering the Building, or any part thereof, nor shall Tenant sell, or permit to be kept, used or sold, in or about the leased premises, any article which may be prohibited by the standard form of fire insurance policies. Tenant shall, at its sole cost and expense, comply with any and all requirements, pertaining to the leased premises and resulting from Tenant's business activities, of any insurance organization or company necessary for the maintenance of reasonable fire and public liability insurance covering the leased premises, Building and appurtenances. In the event that Tenant fails or refuses to comply with any and all such requirements then Landlord may, at its option, assess the Tenant any increases in such fire and public liability insurance premiums caused as a result thereof and the Tenant shall pay the same upon demand as additional rent or Landlord may declare the Tenant to be in default under the terms of this Lease. Tenant shall maintain in full force and effect on all of its fixtures and equipment in the leased premises a policy or policies of fire and extended coverage insurance with standard coverage endorsement to the extent of at least eighty percent (80%) of their insurable value. During the term of this Lease the proceeds from any such policy or policies of insurance shall be used for the repair or replacement of the fixtures and equipment so insured. Landlord shall have no interest in the insurance upon Tenant's equipment and fixtures and will sign all documents necessary or proper in connection with the settlement of any claim or loss by Tenant. Landlord will not carry insurance on Tenant's possessions. Tenant shall furnish Landlord with a certificate of such policy and possessions within thirty (30) days of the commencement of this lease. Tenant shall satisfy Landlord that such policy is in full force and effect and the policy shall require notice to the Landlord at least thirty (30) days prior to cancellation. Landlord hereby releases Tenant of and from every and all right, claim and demand the Landlord may hereafter have against Tenant or Tenant's successors or assigns arising out of or in connection with any loss or losses occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies, and does hereby waive all rights of subrogation in favor of insurance carriers against the Tenant arising out of any lawsuit occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies and sustained by Landlord in or around the premises. Tenant hereby releases Landlord from any and every right, claim and demand that Tenant may hereinafter have against Landlord or landlord's successors or assigns arising out of or in connection with any lawsuit occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies, and does hereby waive all rights of subrogation in favor of insurance carriers against Landlord arising out of any loss occasioned by fire and such items as are included under the normal extended coverage clause of fire insurance policies and sustained by Tenant to the trade fixtures, equipment and merchandise on the premises. The waiver provided for in this paragraph shall be applicable and effective only in the event such waivers are attainable bom the insurance carriers concerned. 14. Liability Insurance: Tenant, at its own expense, shall provide and keep in force with companies acceptable to Landlord, comprehensive public liability, including products liability insurance for the benefit of Landlord and Tenant jointly against liability for bodily injury and property damage in the amount of not less than One Million Dollars ($1,000,000.00). Tenant shall furnish Landlord with a certificate of such policy within thirty (30) days of the commencement date of this Lease and thereafter shall satisfy Landlord that such policy is in full force and effect. Such policy shall name Landlord as an additional insured and shall be primary and noncontributing with any insurance carried by Landlord. The policy shall further provide that it shall not be cancelled or altered without twenty- (20) day's prior written notice to Landlord. 15. Damage or Destruction: in the event premises are damaged to such an extent as to render the same untenantable in whole or in substantial part, or are destroyed, Tenant shall give Landlord or Landlord's agent immediate written notice thereof, and it shall be optional with Landlord to repair or rebuild the same. Landlord shall have not more than ninety (90) days after date of such notification to notify Tenant in writing of Landlord's intention to repair or rebuild premises, or the part so damaged and, if Landlord elects to repair or rebuild premises, Landlord shall prosecute the work of such repairing or rebuilding without unnecessary delay, and during such period the rent of premises shall be abated in the same ratio that that portion of premises rendered for the time being unfit for occupancy shall bear to the whole of premises. If Landlord shall fail to give the notice aforesaid, Tenant shall have the right to declare this Lease terminated by written notice served upon Landlord or Landlord's agent. In the event the Building shall be damaged (even though premises shall not be damaged thereby) to such an extent that in the reasonable opinion of Landlord it shall not be practicable to repair or rebuild, or is destroyed, then it shall be optional with Landlord to terminate this Lease by written notice served on Tenant within thirty (30) days after such damage or destruction. For purposes of this Section 15, "substantial part" means fifty percent (50 %) or more of the square footage of the premises. 16. Notices: All notices under this Lease shall be in writing and delivered in person or sent by registered or certified mail to Landlord in care of Bremerton City Clerk, 239 Fourth Street, Bremerton, Washington 98337, and to Tenant at P.O. Box 197, Bremerton, Washington 98312, effective as of the postmark time and date, or to such other place as may hereafter be designated by either party in writing. 17. Alterations: Tenant shall not make any alterations, additions or improvements in premises without first obtaining the consent of Landlord in writing, and all alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Tenant, and shall remain in and be surrendered with premises as a part thereof at the termination of this Lease. If Tenant shall perform work with the consent of Landlord, as provided above, Tenant agrees to comply with all laws, ordinances rules and regulations of the City of Bremerton and any other authorized public authority. Tenant further agrees that workmanship will be of a reasonable commercial quality, in color schemes in accordance with current building, standards, and free of mechanics liens. Tenant further agrees to save Landlord free and harmless from damage, loss or expense arising out of such work. 18. Costs and Attorney Fees:. If, by reason of any default or breach on the part of either party in the performance of any of the provisions of this Agreement, a legal action is instituted, the losing party agrees to pay all reasonable costs and attorney fees in connection therewith. It is agreed that the venue of any legal action brought under the terms of may be in the county in which the premises are situated. 19. Amendments. The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the term of this lease, from time to time as may be necessary and to amend this lease accordingly; provided, however, that no alteration or modification of the terms or conditions hereof shall be valid and binding unless made in writing and signed by the authorized representatives of the parties hereto. 20. Re-Entry: In case of violation of this Lease by Tenant; the Landlord shall notify Tenant in writing of such violation and demand that the terms of the Lease be complied with by the Tenant within a period of thirty (30) days following the delivery of said notice. In the event of the failure of the Tenant to remedy any default or violation of the covenants, agreements, or conditions herein contained within thirty (30) days from the receipt of said notice, this Lease and all rights of Tenant hereunder shall be cancelled and the Landlord shall have the right to enter upon the premises and re-take possession thereof. 21. Insolvency. In the event that the Tenant shall become insolvent or go into bankruptcy, this Lease will automatically be terminated. 22. Nondiscrimination: Tenant shall not discriminate in employment or services to the public on the basis of sex, race, color, creed, national origin, age, marital status, physical, mental or sensory handicap except an employment action based on a bona fide occupational qualification. 23. Waiver of Default. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. 24. Adjudication. This lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton. In the case of a dispute between the parties, venue over such dispute shall be with the Superior Court of Kitsap County, Washington. 25. Binding Effect. This lease shall be binding upon the heirs, successors, assigns and all other parties legally empowered with signatory rights of any or all of the parties hereto. 26. Invalidity of Provisions. Should any term, provision, condition or other portion of this lease be held to be inoperative, invalid or void, the same shall not affect any other term, provision, condition or other portion of this lease and the remainder of this lease shall be effective as if such term, provision, condition or portion had not been contained herein. 27. Previous Agreements Superseded. The terms and conditions of this Lease supersede the terms, obligations and conditions of any existing or prior agreement between the parties regarding the subject matter of this Lease. 28. Entire Agreement. This Lease, including the exhibits and addenda attached hereto and forming a part hereof (if any), are all of the covenants, promises, agreemems, to and conditions, either oral or written, between the parties. THE FOLLOWING PARAGRAPHS OF EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN PERTAIN TO THE FURNITURE AND EQUIPMENT OWNED BY THE LANDLORD, AND AS MAY BE PURCHASED BY THE LANDLORD AND INSTALLED ON THE PREMISES. THE LANDLORD OWNS ALL FURNITURE AND EQUIPMENT ON THE PREMISES, UNLESS SPECIFIED AS FURNITURE AND EQUIPMENT OWNED BY THE TENANT, AS DESCRIBED IN EXI-I/BIT "B", ATTACHED HERETO AND INCORPORATED HEREIN, AND AS MAY BE PURCHASED BY THE TENANT. IN WITNESS WHEREOF, Tenant(s) and Landlord hereunto set their respective hands. LANDLORD: TENANT: CITY OF BREMERTON LYNN S. HORTON, Mayor SCOTT ALEXANDER // // APPROVED AS TO FORM: GLENNA MALANCA, City Attorney State of Washington ) ) SS. County of Kitsap ) On this __ day of ,2000, personally appeared Lynn S. Horton to me known to be the Mayor of the City ofBremerton, a municipal corporation, that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute said instrument. In witness whereofI have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public in and for the State of Washington Residing at My commission expires: Received for Filing: KATHLEEN L. McCLUSKEY, City Clerk EXHIBIT "A" FURNI773RE AND EQUIPMENT PROVISIONS 1. Equipment Ownership: The Equipment is, and shall at all times remain, the personal property of landlord notwithstanding that Equipment or any part of the Equipment may now or hereafter be affixed or attached in any manner to other personal property, real property or any improvements of real property. . Tenant shall obtain any and all agreements from all parties with an interest in the real or personal property required by Landlord to confirm that the Equipment shall remain personal property and may be removed from the real or personal property. Tenant shall have no right, title or interest in the Equipment except as expressly set forth in the Lease. Unless otherwise agreed in writing by Landlord, improvements to the Equipment by Tenant shall become the property of Landlord. 2. Warranty and Indemnity: (a) No Warranties by Landlord. THE LANDLORD IS NOT THE MANUFACTURER OF THE EQUIPMENT NOR THE MANUFACTURER'S AGENT. LANDLORD MAKES NO WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY OF OR FITNESS FOR ANY PARTICULAR PURPOSE; THE DESIGN OR THE CONDITION OF THE EQUIPMENT; THE WORKMANSHIP OF THE EQUIPMENT; COMPLIANCE OF THE EQUIPMENT WITH THE REQUIREMENTS OF ANY LAW, RULE, SPECIFICATION OR CONTRACT PERTAINING TO THE EQUIPMENT; OR ANY DEFECTS WHATSOEVER. THE EQUIPMENT IS BEING LEASED TO TENANT "AS IS". (b) Vendors' Warranties to be in Lieu of all others. THE VENDORS' EQUIPMENT WARRANTIES SHALL BE IN LIEU OF ALL OTHERS EXPRESSED OR IMPLIED, AND LANDLORD SHALL NOT BE LIABLE TO TENANT FOR THE LOSS OF ANY PROFITS, LOSS OF WORKING TIME, INJURY TO ANY PERSON OR PROPERTY, LOSS OF BUSINESS OR ANY OTHER DAMAGES RESULTING FROM THE EQUIPMENT, INCLUDING ANY DEFECTS IN THE EQUIPMENT WHETHER DIRECT OR INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE CAUSED OR RESULTING FROM THE POSSESSION, USE OR LOSS OF USE OF THE EQUIPMENT. TENANT SHALL MAKE ANY CLAIM ON ACCOUNT OF ANY OF THE FOREGOING SOLELY AGAINST THE VENDOR. Landlord will assign without recourse and solely for the purpose of assisting Tenant in the assertion of his claim, and without any warranty that Landlord may assign all Landlords' right to any vendor warranties on the Equipment. Any claim or action under any vendor warranty shall be made by Tenant, at its own expense, and Landlord shall have no obligation to make any claim on any such warranty; Provided, however, If any breach of warranty results in damage or liability to Landlord or Landlord's interest in the Equipment, Landlord may, but shall not be obligated to, make or prosecute a claim or action in addition to or in lieu of any claim or action by Tenant. Notwithstanding any claim, which may be asserted by Tenant against the vendor, Tenant shall pay Landlord all rent payable under this Lease. Tenant's obligation to pay all rent is absolute and unconditional. Any proceeds recovered by Tenant fi'om any claim against the vendor of the equipment shall f'n'st be used to repair and restore the Equipment to its original condition. 3. Surrender: Upon the expiration of the term of this Lease, or upon demand by Landlord pursuant to this Lease, Landlord may require that Tenant, at its expense, return the Equipment by delivering it in the same condition as when delivered to Tenant, reasonable wear and tear excepted, to such place or on board such carrier, packed for shipping, as Landlord may specify. In the alternative, Landlord may, at its option, take possession of the Equipment at Tenant's expense wherever the Equipment is located. 4. Equipment: (a) Location of the Equipment. Equipment shall not be removed from premises without Landlord's prior written consent. (b) Inspection of Equipment. Landlord shall have the right to inspect the Equipment at any reasonable time. (e) Labels. If Landlord supplies Tenant with labels stating that the Equipment is owned by Landlord, Tenant shall affix such labels to a prominent place on the Equipment and replace any labels, which are removed or destroyed or become illegible. 5. Indemnification by Tenant: Tenant shall indemnify and hold Landlord harmless from any and all claims, actions, losses, damages, obligations, liabilities and liens, including attorneys' fees, incurred in connection with any of the foregoing (including any of the foregoing arising from or imposed in connection with latent defects in the Equipment or the doctrine of "strict liability") arising out of the manufacture, purchase, ownership, lease, possession, operation, condition, return or use of the Equipment, or by operation of law. Tenant will at any time, upon written notice by Landlord of the assertion of any claim covered by indemnity, at the election of Landlord, assumes full responsibility for the defense thereof. However, Landlord retains the right at any time to assume the legal defense to the assertion of such claim, action, damage, obligation, liability or lien. If Landlord exercises its right to assume the defense, Tenant's indemnification obligation stated in this subparagraph is in no way eliminated or diminished. The provision of this subparagraph shall survive termination of this Lease. 6. Assignments: (a) Assignments by Tenant. Without Landlord's prior written consent, which may be withheld for any reason (or for no reason), Tenant shall not assign, transfer, or grant a security interest in, hypothecate or otherwise dispose of this Lease, Equipment, or any interest therein, or sublet or lend Equipment or permit it to be used by any other than Tenant or Tenant's employees. (b) Assignment by Landlord. Landlord may assign this Lease, whether such assignment is for security purposes only or not, or mortgage Equipment, or both, in whole or in part without notice to Tenant. If Tenant is given notice of an assignment, Tenant will acknowledge receipt of notice in writing. Each such assignee or mortgagee shall have all of the rights, but none of the obligations, of Landlord under this Lease. Tenant shall not assert against any assignee or mortgagee any defense, counterclaim or offset that Tenant may have against Landlord. Tenant will deliver to any assignee or mortgagee such statements as may be reasonably requested to confirm the status of this lease, including rental payments, lack of any defaults and other matters concerning the legal status of the lease. 7. Loss or Damage: Tenant shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever ("Loss"). No loss shall relieve Tenant of the obligation to make payments to landlord or of any other obligation under this Lease. In the event of loss, Tenant, at the option of Landlord, shall: (i) place the Equipment in good condition and repair; (ii) replace the Equipment with like equipment in good condition and repair with clear title in Landlord; or (iii) pay to Landlord all outstanding monthly payments plus all monthly payments not yet paid for the full term of this Lease. 8. Care of Equipment: (a) Repair and Maintenance. Tenant shall, at its own expense, keep Equipment in good repair, condition and working order. Tenant shall use Equipment lawfully and not alter Equipment without Tenant's prior written consent. (b) Risk of Loss. Tenant assumes the entire risk of loss or damage to the Equipment fi'om whatever cause and agrees to keep the Equipment insured to at least Twenty-five Thousand Dollars ($25, 000.00) to protect all interests of Landlord at Tenant's expense. Landlord shall be named as an insured in all said policies. The proceeds of insurance, whether resulting from loss or damage, or return premiums, or otherwise, shall be applied toward the replacement or repair of the Equipment or applied to the payment of the obligations of Tenant hereunder at the option of Landlord. If Landlord applies the insurance proceeds to payment of the obligation, Tenant's only liability shall be for the difference between the insurance proceeds and the remaining balance due on the Lease. Tenant hereby appoints Landlord as Tenant's attorney-in-fact to make claim for, receive payment of, and execute or endorse all documents, checks or drafts for the loss of Equipment or return premium under any insurance policy issued on the Equipment. (c) Tenant shall keep Equipment free and clear of all encumbrances. (d) Conformance with Applicable Laws. Tenant shall maintain and operate the Equipment in conformance with all applicable federal, state and local laws, rules, regulations and standards. (e) Action by Landlord. If Tenant fails to maintain Equipment, provide or maintain insurance, pay any taxes or other charges, discharge promptly any liens and encumbrances, comply with all applicable laws, rules and regulations of any governmental authority or perform any other obligation of Tenant under this Lease, Landlord shall have the right, but not the obligation, to perform or pay any obligation of Tenant on behalf of Tenant. If Landlord makes payment or incurs any costs in performing Tenant's obligations, Tenant shall repay Landlord all costs thereof, together with interest at twelve percent (12%) per annum with the next monthly payment. No action taken by Landlord shall constitute a waiver by Landlord of its right to treat Tenant's failure as a default under the Lease. 9. Default. (a) Remedies. If Tenant fails to make payments to Landlord when due, fails to perform any other provision in this Lease, makes a bulk transfer, makes an assignment for benefit of creditors, whether voluntary or involuntary, or files a petition under the Bankruptcy Act or other petition for relief fi:om creditors or if Tenant has breached any other lease or agreement between Tenant and Landlord, in addition to all other rights and remedies at law or in equity, Landlord shall have the right to exercise any one or more of the following remedies: (i) Landlord may take possession of any or all items of Equipment, wherever located, without demand or notice, without any court order or other process of law and without liability to Tenant for any damages occasioned by such taking or possession. Any such taking or possession shall not in itself constitute a termination of this Lease. If Landlord takes possession of the Equipment, Landlord may sell or otherwise dispose of Equipment. Proceeds of such disposal shall be applied against mounts due from Tenant. (ii) Landlord may terminate the Lease in whole or in part by giving written notice to Tenant specifying the portion or portions of the Lease to be terminated and pursue any remedy for termination as a result of Tenant's breach. Except as to any item or items with respect to which there is a termination, this Lease shall continue in full force and effect and Tenant shall be obligated to perform all acts and to pay all rent and other amounts required under this Lease. (b) Cumulative Remedies. No fight or remedy to Landlord contained in this Lease is exclusive of any other right or remedy provided in this Lease or by law or equity. Each remedy shall be cumulative of every other fight or remedy under the Lease or now or hereafter existing at law or in equity. (c) Costs to Landlord. Tenant shall pay Landlord all costs and expenses, including reasonable attorney's fees, incurred by Landlord in enforcing any of the terms, conditions or provisions of this Lease, with or without suit. 10. Successors: The above paragraphs inure to the benefit of and are binding on the heirs, legatees, personal representatives, successors and assigns of the parties hereto. EXHIBIT "B" LIST OF FURNITURE AND EQUIPMENT OF TENANT 2 Refi'igerators 1 Convection oven 1 Whirlpool stove I Meat slicer 1 Vending machine (candy) 1 Soup warmer 1 Upright fi'eezer 1 Chest fi'eezer 2 Microwave ovens 1 Service bar 1 Toaster oven Silverware service for 200 2 Dozen salt and pepper 2 Dozen creamer pitchers 2 Dozen sugar holders 2 Dozen coffee thermos' 3 Dozen 9" baskets 1/2 Dozen bus tubs 1/2 Dozen 2 quart pitchers 3 Small ice chests 2 Large ice chests Assorted glassware Leased 2 two door coke coolers 1 one door coke cooler 3 Coffee makers 1 Hot chocolate machine 1 ice machine 3 Vending machines (beverages) 1 Coffee dispenser AGENDA BILL BKEMERTON CITY COUNCIL 1. SUBJECT: AUTHORIZATION FOR FOR AGENDA OF: March 1, 2000 EMERGENCY REPAIRS - 11TM ST. ORIGINATING DEPT: PW&U En$ineering Div. AND PARK AVE. SEWERS ORIGINATOR: Randy Witt, City Enginee..r., DATE SUBMITTED: February 29, 2000 2. _CLEARANCES: (comment on ba~k ~~ 3. EXHIBITS A. Map Directo~ Public Works/Utilities F ~' ~ Location City Attorney City Treasurer Purchasing Agent Council Budget & Finance Committee Operations Committee ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAYOK COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: A deteriorated 30-tach diameter sewer in 11~ St. between Elizabeth and Park Avenues is musing repeated subsidence and collapse of street paving on 11th St. Two incidents of paving collapse have occurred since late December 1999, resulting in damage to three vehicles. Immediate repairs including replacement of this sewer are required to prevent material loss or damage to property, bodily injury or loss of life, and to allow continuation of wastewater collection in this arm. At minimum, this will require reconstruction of approximately 350 lineal feet of sewer pipe, reconstruction or modification of three manholes and repaying of the portions of 11m St. and Park Avenue affected by sewer repairs. City staff estimates that repair costs will range fi-om $175,000 to $225,000. The recommended actions before the City Council are to declare an emergency affecting public health and safety exists in 11~ St. between Elizabeth and Park Avenues and authorize the Mayor to contract for materials, goods and equipment without requiring competitive bids, to effectively respond to the emergency in accordance with 2.76.600, Bremerton Mumcipal Code and RCW 39.04.280. 8. RECOMMENDATION: That the City Council: A. Declare that an emergency affecting public health and safety exists in 11~ St. between Elizabeth and Park Avenues, that is musing repeated subsidence and collapse of street paving on 11 m St. B. Authorize the Mayor to contract for materials, goods and eqm'pment without requiting competitive bidding in accordance with 2.76.600, Bremerton Municipal Code and RCW 39.04.280. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: ~5 '~ Il. AGENDA BILL NO: AB00-061 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: The affected sewer will continue to infiltrate ground water and surrounding soil, and may collapse. This will cause consequent subsidence and collapse of overlying street paving, attendant damage to vehicles and personal injury to drivers. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. City staffis available for construction administration and inspection. Budget: Expenditure of $175,000 to $225,000 from the Wastewater Fund. A portion of the damage is due to contractor error. The City has filed notice with the contractor for recovery ora portion of these costs, to be apportioned after repairs are completed. Facilities/Equipment: No impact. 7. RESEARCH SOURCES Site and plan review, including surveying and video inspection. ~ OF ~ ~/~ CITY COUNCIL 239 4th Street · Bremerton, Washington 98337 · (360) 478-5280 · FAX (360) 478-5251 ° citycouncil@ci.bremerton.wa.us FEBRUARY 24, 2000 You are hereby notified that the BREMERTON CITY COUNCIL will hold the next MONTHLY STUDY SESSION on WEDNESDAY, MARCH I. 2000, immediately following the regular City Council Meeting, in the City Council Chambem, to discuss the following topics: 1. CSO Updates - John Poppe, Wastewater Division Manager; and Randy Witt, City Engineer (approx. 30 min.) 2. Kitsap County_ IBremerton CDBG HOME Consolidated Plan - Debbie Peavler- Stewart, DCD Administrative Analyst (approx. 15 min.) 3. AGAPE Shelter Plus Care A_oplication - Debbie Peavler-Stewart, DCD Administrative Analyst (approx. 15 min.) (This is an open meeting & will be televised) Signed this 24~ day of February 2000 KATHLEEN L. McCLUSKEY, CITY CLERK Equal Opportunity Employer IIIIIII IIIII · Initiated by Federal Clean Water Act · Over 1000 CSO communities in the US · Eleven CSO communities in Washington · Department of Ecology regulates State mandates · Bremerton CSO baseline 200 million gallons per year (1996) · Puget Soundkeeper Alliance (PSA) sued under the Clean Water Act in 1992 · PSA Settlement agreement (Consent Decree)-1993 - Implementation schedule by 2011 · Ecology Order on Consent- 1993 · PSA Sued for injunctive relief (Moratorium)-1996 - Mediation produces agreement for accelerated schedule in February 1999 - Federal Court decision pending · Sewer system dates back to the 1920's · Two primary WWTPs constructed in the 1940's and 1950' s · Consolidated into 1 secondary WWTP in 1985 · Much sewer separation took place in the 1980's · CSO Plan approved by Ecology in 1992 · 16 CSO sites · Aggressive implementation since 1993 · Warren Avenue Basin Separation Completed in 1995 = $4.5 million · Anderson Cove Basin Separation and Diversion Completed in 1999 = $1.6 million · Callow Avenue Basin Separation 1994 - 1999 - Priorities 1, 2 & 4 - $9 million 2000 -01 Priorities 3 & 5 estimated cost = $7 million · Eliminated Overflow Sites OF- 14 in 1995; OF- 15 in 1999 with Navy assistance · CSO reduction to date - 67% 1999 C$O--68 million gallons CSO Baseline -- 200 million gallons · Private Stormwater Separation Cooperative Approach to CSO Reduction CCWF Loan application for private assistance · Future Basins include separation and treatment 2000 - 2008; Estimated cost $15 - 20 million · Total Program estimated cost over $35 million · Funded by grants and low interest loans CSO LOAN/GRANT STATUS " FUNDING PSA COMPLETION STATE FEDERAL (SRF & PROJECT TASK SCHEDULE SCHEDULE (PVV'rF) CCWF) EPA Facility Plan N/A 2000 Applied (Pending) PINE ROAD Design 1999 2000 Applied (Pending) Construction 2000 2000 Received CALLOW 3&5 Design 2001/2002 2000 Received Received Construction 2002/2003 2001 Received Applied (Pending) Facility Plan N/A 2000 Received EAST PARK Design 2000 2000 Received Construction 2001 Received Facility Plan N/A 2000 Received TRENTON AVE Design 2001 Received Construction 2002 Received Facility Plan N/A 2000 Received TRACYTON BCH Design 2003 Received Construction 2004 Received Facility Plan N/A 2000 Received STEVENS CANYON Design 2005 Received Construction 2006 Facility Plan N/A 2000 Received CHERRY AVE Design 2006 Received Construction 2007 Facility Plan N/A 2000 Received PACIFIC AVE Design 2006 Received Construction 2007 CSO PLAN UPDATE Facility Plan N/A 2000 Received COOPERATIVE APPROACH TO CSO Education/ REDUCTION Construction N/A 2002 Received INFLOW AND INFILTRATION INVESTIGATION Design N/A 2001 Applied (Pending) CSO Loan & Grant Status.xls · Required by 2001; complete in 2000 · Confirm scope and cost for remaining C S O projects · Develop Facility Plans for all remaining basins · Approval by Ecology allows "Double Barrel Financing" ANDERSON COVE PROJECTS TASK SCOPE , DESIGN BY CONSTRUCTION BY STATUS FACILITY PLAN PRE-DESIGN CONSULTANT N/A DONE SMOKE & DYE TESTING COLLECT PRE-DESIGN DATA N/A CITY DONE PENNSYLVANIA STORM SEWER AVENUE STORM SEWER CONSTRUCTION CITY CITY DONE VICTORIA AVENUE STORM SEWER STORM SEWER CONSTRUCTION CITY CITY DONE MARGUERITE ~., STORM SEWER AVENUE STORM SEWER CONSTRUCTION CITY CITY DONE WYCOFF AVENUE STORM SEWER STORM SEWER CONSTRUCTION CITY CITY DONE SANITARY SEWER OVERFLOW 9 MODIFICATIONS, MODIFICATIONS OVERFLOW STORM MODIFICATIONS, CONTROL CITY CITY DONE SNYDER AVENUE SANITARY FORCE-MAIN FORCE-MAIN CONSTRUCTION CITY CONTRACTOR DONE OHIO AVENUE SANITARY FORCE-MAIN FORCE-MAIN CONSTRUCTION CITY CONTRACTOR DONE CW-2 MODIFICATIONS PUMP STATION UPGRADE CITY CONTRACTOR DONE OVERFLOW 10 & 11 OVERFLOW STORM MODIFICATIONS MODIFICATIONS CITY CITY PENDING 13TH STREET FLOW DIVERSION SEWER CONSTRUCTION CITY CONTRACTOR PENDING CW-4 MODIFICATIONS PUMP STATION UPGRADE CITY CONTRACTOR PENDING March 2000 I $o I ~I (l~OOl) OcIf'~I~L I-DAI~dY~I~.I.\SA~Ot3NIA~\:D I jo I o~ucI (IUOOI) D~If'~IS~I-DAI~I]AIH~L\SAkO(INIAk\:D · CSO Reduction Plan completed in 1992 · Citizen group settlement agreement and Department of Ecology Consent Order in 1993 · Flow monitoring upgrade 1993 - 94 · Water quality monitoring program implemented in 1995 · Collection system changes continually implemented · Warren Avenue Basin separation completed in 1995 · Anderson Cove Basin completed in 1999 · Callow Avenue Basin separation begun in 1994 in progress · Baselines updated in 1996 · Resolution of citizen group action pending in Federal Court · CSO plan update in progress PUBLIC WORKS AND UTILITIES 3027 Olympus Drive * Bremerton, WA 98310-4799 * (360) 478-5270 * FAX (360) 478-5398 Engineering Division MEMORANDUM TO: Lynn S. Horton, Mayor 2~e.,~br"-~ FROM: Randy Witt ~, DATE: February 25, 2000 SUB J: Monthly Project Status Report Enclosed is the monthly status report for your review. This will be presented at the study session on March 1, 2000. RW/ab Enclosure C: W. Eugene Sampley Kathleen Cahall Bob Tulp Wayne Hamilton Janet Martelle John Poppe Bill McKinney Phil Berry Paul Lucas Lyrm Price Loft Smith (11 copies for Council Members) Engineering Division Staff(Route) PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MONTHLY STATUS REPORT PRESENTED TO THE CITY COUNCIL ON MARCH 1, 2000 RANDY WITT, CITY ENGINEER BTC PROJECT UPDATE RANDY WITT, CITY ENGINEER PUBLIC WORKS PROJECTS UPDATE JEFF SHEA, SENIOR ENGINEER UTILITY PROJECTS UPDATE TOM KNUCKEY, SENIOR ENGINEER SR304 TRANSPORTATION IMPROVEMENT PROJECT RANDY VVITT, CITY ENGINEER SPECIAL PROJECTS UPDATE DAN MILLER, PROJECT MANAGER BREMERTON TRANSPORTATION CENTER PROJECT MONTHLY UPDATE TO THE CITY COUNCIL MARCH 1, 2000 STUDY SESSION Significant work performed in the last month: The terminal area was opened to the public on February 14, 2000. · Piles were placed for the south transit deck. · Preliminary paving of the holding area. Significant upcoming work items: · Forming and pouting of the transit deck area to the south side. · Paving of the auto holding area on the south side. · Relocation of the tollbooths. · Work on the punchlist of City items for the storm system. Upcoming milestones: The passenger only float connection to the boardwalk will continue until Float B arrives on the project, anticipated in late March of 2000. RW/ab PUBLIC WORKS PROJECT UPDATE MONTHLY REPORT FEBRUARY, 2000 WERNER ROAD CORRIDOR/WEST HILLS COMMERCIAL IMPROVEMENTS · Submitted swale data for water quality to WSDOT for approval · Biological Assessment was revised and resubmitted to WSDOT · Design of project at 90% completion. Drawing sets to be distributed to the various utilities for comment. Refinement of construction estimates and specifications are being completed. · Received Warner Engineering 90% design plans and estimate for stormwater improvements. Directed consultant to look at water quality reconfigurations · Conducting a public discussion with auto dealers and property owners on construction phasing and impacts during construction on March 1, 2000 Right-of-Way Acquisition · Completed acquisition on 9 properties · Negotiations completed on 3 property - completing paperwork · Negotiations ongoing on 1 properties CALLOW CSO, PRIORITY 3 & 5 · Awarded contract to Montgomery Watson for pre-design. · Consultant preparing base map for project development. Area was flown and photographed in January · Received authority for reimbursement of back charges to Aug 18 · Kickoff meeting held February 25, 2000 · City crews are approximately 50% complete with smoke and dye testing system BURWELL HILL CLIMB · Project complete PINE ROAD CSO FACILITY PLAN · HDR Engineering forwarded draft document on February 11 · Document reviewed and comments given to HDR for completion of final document · CDM provided input to document on treatment alternative · HDR concluded that Pine Road overflows due to backflow in beach main. Efforts now focussed on overflow treatment facility at Overflow 1 site. 1999 TRAFFIC CALMING PROGRAM · Drafting a proposed listing of streets for 2000 CDBG funding Jeff Shea, Senior Engineer 2/25/00 ENGINEERING DIVISION UTILITY PROJECT UPDATE February 2000 W650 ZONE IMPROVEMENTS · Staff are reviewing the 60% design documents and will provide comments for incorporation into the final design. ANDERSON COVE CSO · Modifications to the overflow structure and installation of the downstream level control valve at CW-1 is complete. Performance testing of the valve is scheduled for March. PUMP STATION CW-2 UPGRADE · Start-up of the facility began the week of February 21st. All of the work with the exception of installation of the emergency generator, final paving, and replacement of the guardrail is completed. The generator is scheduled to be installed in March. Final paving and installation of the guardrail will be deleted from the construction contract - this work will be performed in the spring. SNYDER AND OHIO AVENUE SEWERS · All work under the contract with DDI Construction is complete, and the project is in close- out. Final paving of Snyder and Ohio Avenues was eliminated from the contract ~ith DDI Construction, and will be performed by City Forces in June or July of 2000. CSO REDUCTION PLAN UPDATE · The consultant is currently evaluating flow data received fi'om the City, and developing the hydraulic model of the sanitary sewer system for East Bremerton. The model is complete and operational for the Pine Road Basin, but will not be complete for all of East Bremerton until approximately April. · City forces have completed smoke and dye testing of all sewers in East Bremerton. This information will be used by the Consultant to identify required capital improvements in the basins. · Staff met with the Department of Ecology in January to discuss possible options for CSO reduction in East Bremerton. The favored option at this time is treatment of flows beyond the existing system capacity at the old Manette WWTP site on Lebo Blvd adjacent to Lions Field. This alternative is being developed for the Pine Road Basin improvements and would serve as the ultimate solution for CSO reduction for all of East Bremerton. RESERVOIR NO. 4 - OUTLET PIPE AND COVER REPLACEMENT · The design contract for this work was awarded to Montgomery Watson. The consultant has reviewed the outlet tunnel from the reservoir, and also performed an internal inspection of the reservoir itself. Monthly Utility Project Update _~. _ 11th and PARK- EMERGENCY REPAIRS A sink hole has formed on 11th Street between Elizabeth and Park Avenues. Internal television inspection of the sanitary sewer above the sinkhole revealed that the bottom of the main has broken away, and provided a path for the surrounding soils to migrate into the pipe. In addition to the failing pipe on 11th Street, the work will include repairs to a manhole on 11~h and Park Avenue, and an adjacent sanitary sewer on Park Avenue. This work was defective when installed by the construction contractor, and must be repaired to correct the system. Staff are developing bid documents to make the emergency repairs. The repairs are anticipated to begin the week of March 6th, and will continue for 3-weeks. Monthly Utility Project Update -2- SR304 TRANSPORTATION IMPROVEMENT PROJECT Monthly Report February 2000 FUNDING City staff continues to pursue options for securing State and Federal funding for the project to offset the $8.8 million lost with the passage of 1-695. RIGHT OF WAY ACQUISITION · All property necessary for construction of the Gateway Phase (Porter Street to Montgomery Avenue) has been acquired or have possession and use agreements. The condemnation process/negotiations are proceeding on seven properties in this area. · Right-of-way acquisition will begin on the improvements from Porter Street to the Missouri Gate/Charleston Beach Road intersection once sufficient design work on that phase has been completed. STRUCTURE DISPOSAL · City crews have demolished all but one of the buildings and are cleaning up the remaining properties in the Gateway phase. The project will wrap up in the beginning of March. · The house moving contractOrs (Orca Construction and Luoma/Poulsbo Investments) have removed all structures from the project area and are performing cleanup operations. PUBLIC OUTREACH No activity this month. Activity is anticipated in coordination with advertising and awarding the Gateway phase (particularly regarding traffic control measures), revisions to phasing the overall project, and updates on project funding in the wake of 1-695. ENVIRONMENTAL CLEANUP Environmental cleanup of the underground storage tanks and petroleum-contaminated soil from four properties within the Gateway phase of the project is substantially complete. SR304 Transportation Improvement Project Page 1 LANDSCAPE COMMITTEE No new activity this month. GATEWAY IMPROVEMENTS (Porter Street to Montgomery Avenue) The project was advertised for bids on February 14, 2000, and will be opened on March 6, 2000. NAVY YARD HIGHWAY PHASE The Navy Yard Highway Phase will be split into 2 projects: A) From PoKer Street to the Missouri Gate intersection; and B) From the Missouri Gate intersection to SR3. City staff is working with Parametrix and the WSDOT to develop a work plan for delivering plans and right-of-way for section A. RW/ab Project File: COMM/PR/3.2 Randy Witt, P.E., City Engineer SR304 Transportation Improvement Project Page 2 PUBLIC WORKS & UTILITIES PROJECT UPDATE FEBRUARY 2000 EVERGREEN PARK---PHASE II REMEDIATION · Bids were opened on Wednesday, February 9, 2000 for the "Building Removal & Site Preparation". A total of sixteen (16) bids were received for this initial phase towards expansion of the park to the south and east around the head of Smith Cove. The apparent low bidder is Ace Paving Co., Inc. for the lump sum of $60,000.00; the estimated cost was between $170,000 and $200,000 based on the non-salvage value of the buildings. Bid award by City Council is scheduled for Wednesday, March 1 ~t. · The plans and specifications for the Underground Storage Tank (UST) removal is substantially complete this report period. Parametrix, Inc. pre-qualified five (5) individual contracting firms to submit bids for the upcoming removal of UST's. The UST removal will proceed upon substantial completion of the Building Removal & Site Preparation work. · The park Design and Site Remediation Engineering Report, Stormwater Analysis, and Work Plan for Underground Storage Tank Decommissioning is submitted for review to both City Planning & Engineering Departments, Department of Ecology, Department of Fish and Wildlife, and Corps of Engineers for their review and written comments this report period. · Parametrix, Inc. has substantially completing the Phase I Scope of Services and as specified in the Department of Ecology Agreed Order has submitted the Phase II Scope of Services with associated costs for the following: · Design of Institutional Controls; · UST/Soil Remediation; · Groundwater Studies; · Supplemental Survey and Mapping; · Plans & Specifications for Park Expansion; and · Construction Services. MANETTE BALLFIELD IMPROVEMENTS · The overall project has been completed within budget. Presently, the project closeout proceedings are underway this report period. WARREN AVENUE "CARPENTER FIELD" IMPROVEMENTS Presently, the design specification is 85% complete this report period while site grading and storm drainage report as well as design is approximately 60% complete this report period. 2//00dj m DRAFT 2001-2006 Consolidated Plan Proposed Objectives The 2001-2006 Consolidated Plan is currently being completed through the efforts of dozens of service providers, community members, consumers and housing authority representatives. This is the first publication of a summary of objectives. The final draft of the Plan will be completed by August, 2000. HOMELESSNESS To ensure that decent, accessible, affordable, and suitable housing is available in the County and its cities, and support services meet the needs of individuals and families who are home/ess or at risk of home/essness, the Kitsap County community wi//: · Provide a sufficient variety and quantity of decent and safe, emergency, transitional and affordable permanent housing · Provide adequate support through coordinated systems of: resources, outreach, assessment, case management, provider collaboration, homelessness prevention, and rental assistance · Develop, coordinate, and maintain sufficient support services to sustain Iow-income and special needs populations' independent living SPECIAL NEEDS POPULATIONS* To ensure that suitable, effective assistance is available for vulnerable persons in *Special Populations who are in need of housing, support or care services, the Kitsap County community will: · Maintain, improve and increase effective services and suitable housing ·Ensure effective service delivery and housing availability through supportive ordinances and regulations · Support efforts to develop an entry system for special population clients that ensures links with appropriate diagnosis, placement, support and treatment ·Increase and maintain the availability of effective, timely life skills training and work preparation to promote self sufficiency *Special Needs Populations include the following categories: elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons living with HIV/AIDS, persons fleeing domestic violence, persons with alcohol or other drug addiction and people affected by more than one identification. To ensure access to affordable, decent, safe and appropriate transitional and permanent housing for all individuals and families, the Kitsap County community wi// · Increase the stock of affordable rentals units throughout the County through preservation, rehabilitation and construction (except in Bremerton where an increase will be considered only when dilapidated structures are demolished or rehabilitated) · Increase the number of new homeowners among Iow/moderate income individuals and families through fair housing efforts, education, housing counseling, financial assistance and affordable construction · Improve and retain existing housing stock through preservation, rehabilitation, weatherization, accessibility and planning efforts · Support education and training that builds community awareness of lead- based paint hazards and incorporate new studies and regulations into any planning for mitigation COMMUNITY DE VEL OPMENT To e/~sure: the safe/ivability of neighborhoods, the preservation of important facilities, public access to facilities and services, and planning activities, that primarily benefit/ow-income persons, Kitsap County wi//: · Support a continuum of social and health services for Iow/moderate income persons in Kitsap County · Provide suitable access to all public buildings in the cities and County by removing architectural barriers · Support planning and projects that preserve or increase housing for Iow- income populations · Support local efforts toward solving public facility needs, especially those identified in capital facilities plans · Meet urgent Community Development needs, which pose a serious and immediate risk to public health or safety ECONOMIC DEVELOPMENT To ensure a thriving community, with livable wage jobs and long-term economic and social viability, Kitsap County community wi//: · Support creation and retention of livable wage jobs, and essential job preparatio,n · Assist Iow-income individuals who wish to establish, expand or stabilize a small business by providing loans and supportive technical assistance and training · Revisit existing economic development plans and policies and modify them as necessary to develop and maintain infrastructures that encourage living wage jobs · Support a continuum of social services for Iow/moderate working persons in Kitsap County to promote self-sufficiency