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Home My WebLink About05/21/03 AGENDA FILE 239 4th Street ,, Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA MAY 21, 2003 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P,M. in Council Conference Room A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in Council Chambers A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA ~0, ~ ~, A. Cooperative Purchasing Agreement with the City of Lynnwood for Mobile Computers (#AB03-088) B. Professional Services Agreement with MEASUREMENT RESEARCH CORPORATION for the "2003 Pavement Condition Survej/' (#AB03-089) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Eastpark Phase 1[ - Design Development Agreement between City of Bremerton and 3b THE CHAFFEY CORPORATION (#AB03-090) B. Public Works Agreement with STIRNCO STEEL STRUCTURES, INC. for Fire Storage /3Lo Building [Public Safety Bond Issue] (#AB03-091) C. Purchase and Sale Agreement with US BANK NATIONAL ASSOCIATION for Police & Ur 4{ Municipal Court Building [Public Safety Bond Issue] (#AB03-092) D. Professional Services Contract with ARAt/JACKSON ARCHITECT & PLANNERS for Police /''2 & Municipal Court Building [Public Safety Bond Issue] (#AB03-093) CONTINUED ON BACK .... E-mail: citycouncil@ci.bremerton.wa.us · Web: www.ci.bremerton.wa.us 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance No. 4854 [Second Reading] Vacating a Portion of Alley between 5th & 6th Streets and Pacific and Washington Avenues (#AB03-085) B. Ordinance [First Reading] Approving SWC Partnership Rezone from Single Family 3 (SF-3) to General Business (GB) for 3915 Wheaton Way (#AB03-094) C. Ordinance [First Reading] relating to Transportation Development and Improvement (#AB03-095) D. Ordinance [First Reading] amending BMC Chapter 11.02 relating to Long Term Right-of-Way Permits (#AB03-096) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING DATE SUBMITTED: April 24, 2003 BILL # ,~',.~-~'- (~5~' AGENDA BILL 3 ~ CITY OF BREMERTON CITY COUNCIL SUBJECT: Cooperative Pumhasing Committee Meeting Date: May 13, 2003 Agreement for Mobile Computers COUNCIL MEETING Date: May 21, 2003 Department: Police Presenter: Tim Sholtis ~ Phone: 473-5277 SUMMARY: The Cooperative Purchasing Agreement allows the City of Bremerton to pumhase mobile computer terminals for police vehicles using a consortium contract with the City of Lynnwood, its Police Department, and other jurisdictions in Snohomish and King Counties. The agreement is with DATEC Corporation from Seattle, Washington. The price is $29,427.72 for 12 mobile computers. These 12 are the first half of the mobile computer purchase for 2003. ATTACHMENTS: The Cooperative Purchasing Agreement The Contract Pricing Letter Quote, dated April 23, 2003 The City of Lynnwood Contract FISCAL IMPACTS (Include Budgeted Amount): $29,427.72 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: OPERATIONS: COUNCIL PRES[DENT: Fi¢~ ~--~'-~ RECOMMENDED MOTION: Move to approve the Cooperative Purchasing Agreement with the City of Lynnwood and authorize the Mayor to execute same. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] [ Study Session [] COOPERATIVE PURCHASING AGREEMENT In accordance with RCW Chapter 39.34 and to all other applicable laws, The City of Lynnwood and the of , hereby agree to cooperative governmental purchasing agreement for various supplies, materials, equipment and services, using competitively awarded contracts. The following terms and conditions: 1. Each agency, in contracting for the purchase of supplies, materials, equipment and services, agrees at its discretion, to extend contracts for shared use to the extent permitted by law and agreed upon by those parties and vendors. 2. Each agency is responsible for compliance with any additional or varying laws and regulations regarding purchases. 3. Any purchases shall be affected by a purchase order from the purchasing agency and directed to the vendor(s). 4. The originating contracting agency does not accept responsibility er liability for the performance of any vendor used by the purchasing agency as a result of this agreement. 5. Each agency shall be responsible for the payment of any item(s) purchased through a contract or purchase order that resulted from this Agreement. 6. This Agreement shall remain in force until cancelled in writing by either party. Accepted for Accepted for the City of Lynnwood: By: By: Name: Name: Title: Title: Date: Date: /~I~N C 0 R P 0 R A T E D Technology HEADQUARTERS BRANCH OFFICE 364 Upland Drive, Seattle, Washington 98188 7795 S.W. Cirrus Drive, Beaverton, Oregon 97008 (206) 575-1470 FAX (206) 575-1475 (503) 641-6644 FAX (503) 641-6462 Apd123,2003 Tim Sholtis City of Bremerton 239 4"' Street Bremerton, WA 98337 Dear Tim, Hem is the Contract pdcing for the Panasonic CF-48 Toughhooks. I have also included pdcing on related options and accessories for the Toughbook CF-48. Here is a list of other features that are included in your purchase at no extra charge: · Integrated Network Interface Card · Shock Mounted Hard Ddve · Magnesium Alloy LCD Cover · Free Pick Up and Delivery to Local Service Center Datec is a preferred TP3 reseller for Panasonic and an authorized service provider. Datec Inc. has been a technology solution provider since 1975. Please see our web site at www. datecinc.net. Please feel frae to contact me directly with any questions. We value our relationship with the City of Bremerton. / Sinqerely, / ~ ~ ~--i Account Executive Datec, Inc. P: (206) 575-1470 F: (206) 575-1475 M: (253) 973-7455 alexaC, datecinc.net 3 Sen/lng the Northwest Since 1975 E-marl: datec@datecinc.net Visit our Website at www. datecinc.net /~I~ N C 0 R P 0 R A T E D ~J~Rf EC Your Tech.olog¥ $olut,onsProvider HEADQUARTERS BRANCH OFFICE 364 Upland Drive, Seattle, Washington 98188 77955.W. Cirrus Drive, Beaverton, Oregon 97008 (206) 575-1470 FAX (206) 575-1475 (503) 641-6644 FAX (503) 641-6462 Datec's Mobile Wireless Description: Datec, Inc is a Network Integrator located in Seattle, Washington and Portland, Oregon. We have been providing technology solutions since 1975. Datec is a premier authorized Panasonic TP3 equipment reseller and factory authorized Panasonic Service provider. Datec has provided mobile laptop solutions for a number of public utilities, public safety, and commercial customers over the years. Datec is also a pdme provider of CDPD Wireless data, Wireless LAN and connectivity solutions as well as traditional LAN/WAN and Layer 4-7 switching solutions. Datec also offers a complete selection of services ranging from factory authorized hardware maintenance to network design. Datec, Inc provides its medium to Fortune/500 clients and the public safety/PUD Community in particular with turnkey equipment and mobile software solutions. Datec, Inc also has a very strong field service department. Datec Inc can provide field warranty service support through out Washington and Oregon for companies like Panasonic, COMPAQ, HP, IBM, Dell, and Sierra Wireless. Manufacturer Relationships: Datec, Inc has direct relationships with all the manufactures that are a part of this mobile computer project. Here is a list of the manufactures and their area of expertise: · Panasonic Personal Computer Company. The leader in providing Ruggedized Notebook Computers for mobile applications. Many ofthe key laptop components are products of Panasonic Electronic Divisions. There are over 2,000 utility and public safety agencies using Panasonic Toughbook computers. · Camber-Johnson Mountinfl Systems- has been an Industry leader for over 20 years. Providing vehicle mounting systems for utility companies and public safety departments. · Lind Electronics-is an expert in providing mobile DC power adapters. These virtually maintenance free ruggedized DC power adapters are designed for hostile environments. These direct relationships will allow Datec, Inc to be the single point of contact to provide outstanding customer service for the City of Bremerton. We are currently engaged with these manufacturers on a day- to-day basis. This allows Datec to actively pursue any questions or requests made by the City of Bremerton. Serving the Northwest Since 1975 E-maih datec@datecinc.net Visit our Website at www, datecinc.net /~N C 0 R P 0 R A T E D Your Technology Provider ZT ClTE ' so,u,,o HEADQUARTERS BRANCH OFFICE 364 Upland Drive, Seattle, Washington 98188 7795 S.W. Cirrus Drive, Beaverton, Oregon 97008 (206) 575-1470 FAX (206) 575-1475 (503) 641-6644 FAX (503) 641-6462 Option #1 Panaaonic Laptop Hardware Qty Unit Price ~ Extended Price Toughbook CF-48 Semi-Ruggedized Laptop 12 $2,118.16 $25,417.92 · Intel Pentium IV 1.8 GHz Processor · 256 MB RAM · 40 GBShock Mounted Hard Drive · 3.5" Floppy Disk Drive · DVDICDRW Drive · 56k Integrated Modem · Integrated LAN · 14.1" XGA Screen · Magnesium Alloy LCD Case · AC Adapter · Lithium Ion Battery · Windows XP · 3 Year Limited Warranty Option #2 Panasonic Laptop Hardware City Unit Price Extended Price Toughbook CF-48 Semi-Ruggedized Laptop 12 $2,039.31 $24,471.72 · Intel Pentium IV 1.8 GHz Processor · 256 MB RAM · 20 GB Shock Mounted Hard Drive · DVDICDRW Drive · 56k Integrated Modem · Integrated LAN · 14.1" XGA Screen · Magnesium AIIoy LCD Case · AC Adapter · Lithium Ion Battery · Windows 2000/XP · 3 Year Limited Warranty Serving the Northwest Since 1975 E-mail: datec@datecinc, net Visit our Website at www. datecinc.net I~N C 0 R P 0 R ^ T E D Your Technology Solutions Provider 'ZTjc X'ZC['. HEADQUARTERS BRANCH OFFICE 364 Upland Drive, Seattle, Washington 98188 7795 S.W. Cirrus Drive, Beaverton, Oregon 97008 (206) 575~1470 FAX (206) 575-1475 (503) 641-6644 FAX (503) 641-6462 Options Qty Unit Price Extended Price , Additional 512 MB Ram installed I $244.00 $244.00 · 3 Year No Fault Warranty 12 $250.00 . $3,000.00 · 4 Year No Fault Warranty 1 $340.00 $340.00 Accessories Qty Unit Pdce Extended Price · Port Replicator 1 $249.00 $249,00 · DC Lind Adapter 12 $84.15 $1,009.80 Equipment Total With Option #1:$29,427.72 Note: Includes pick up and delivery for service at no extra cost. Terms: Net 30 days. Appllcabletaxes are not included. Serving the Northwest Since 1975 E-mai/: datec@datecinc.net Visit our Website at www. datecinc.net ~r~' I N M~h 5, 2003 Nan~y Lo~e Finance Dimc~r Lynnwood Ci~ Hall 19100 ~ Avenue W ~.O. Box 5008 Lynnwood WA. 98046-5008 Dear Nancy, -- ~e Ci~ of Lynnwood contmc: has been successM for the Ci~ and sevemt other agencies ~mugh ou[ the Begion. Panasonic nas drastically c~anged their list pricing in some of ~eir SKU's by wnem Datec must adjust the commc: pementages Lynnwood and other agencies ~ill ~]1 ~ceive lower ccs~ ~an ~e original con.ct. ~e following table ~flects pementage changes due to list ~nce changes.. S~eci~ Panasonic Pricing (Discounts below Panasonic retail price lis~ in effe~ the ~av each Purchase Or, er is received): opfio~). ~odeJ ~o~el 34 ~ ~ % Delow re[ail ~odel 48 mcJud[~g ~e ~odels u~des ~T % below retail 'Model 72 includ~g ~e model up~ades 17 % ~etow retail 24 % below retail O~ mclud~g ~mre model up~ades P~nasonic ~op Panasonic manu~urer tamop acc~sso.es for all moaeis nameM 15 % ~elow retail THIRD PARTY'ACCESSORIES'-OPTIONAL Ide~ dis~unt ~es f~r~er~i~ a~ pmdu~, ~r~i~ Bidde~is a Ce~ ~etler (if~). ~is~unt ~tes s~aJi be bet~ ~e ~da~ ~taii pd~g of~e m~mr in ~on ~e d;e ~e Pu~ase O~eris ~iv~. Optional ~i~ P~ Ac~o~ Pmdu~ Dlscoun~ ~ Sie~ ~mless CDPD Mod~s Air Ca~ 300 6~/o bet~ re~l Sie~ ~mless CDPD Models ~Air C~ 75~55 ~% bel~ m~il Sie~ ~mless CDPD Models--Ai~Ca~ 350 T~/, below Sie~ ~mless Air Cam 350 Boomer Module T ?~ ~1~ Sie~ ~mtess Air Ca~ 350 Baosterw~h GPS 5~/~ below m~il Sie~ ~mtess CDPO 3 war MPD200 Modem 5 ~/~ bet~ retail Sie~ ~reless Da~ 200 CDPD ~mtess Modem 9 % below mmii Sie~ ~reless A~essodes, So.are, Training (1 year wa~n~/accessories) 7 % belaw ~il Gamber John~n Moues 19 % bel~ · Gamber Johnson A~essodes (1 year wa~nW) ~19_% bel~ ~tail D&R Mou~ g.~. 10~% below ~tail D&R A~des ~. ~ 1 a % below retail ~g Ca Docking Stroh ~10 % below ~D Co A~essodes (1 year wa~nW) 10~/~ below retail Kodiak Mobile Da~ing Station ~12~ bel~ mmil Kodiak Mobile A~ssones 12~% below retail L&E Moun~ ~E A~e~odes (1 year w~nW) OFFER SHEET(oaqe 4. of 4) C~4,,~- Contractor a§r-~~- to ;,',',,~i,~d;-.[ety orderpmducts from manufacturer, in no less than one business day after reca~"~ valid puro~ase order. See specification I foromerand deliver/requirements. PAYMENT TERMS: Payment si'tail be in 30 days ef receipt of invoice. Spec~/other payment options: r~' Chec~ box ifyou offers prompt payment discount: % . Specify terms: [] Check( box if you accept'VISA or MasterCard for payment. [~ Chec~ here if the prompt payment discount applies ~ VISA or MasterCard payment. CON'I'~ACT DURATION: This contmc'c remains in effect for ~wo years, with three automatic one-year renewals unless either party pmvi(~ies a written noti~ce_of non-renewal at lsast gO-days, pdor to otherwise automatic renewal not,ca. Discount rates remain fixed thmugndut ti~-'~ contract'inctuding extensions. If anY Addendume am issued by the City to This Bid, Inifi'ai Hem that you have considered them: ~C)~- Adden~ums am the resi3ons~bili~y of the t~idder to ~ee~, o~taJn and consider. 8iclde~ may call 425.670-~602 to insure that all current ~endum$ have been received by the bidder before submi~ng an Offer. 8idder~ that fail to properly acknowledge ed~enda above may be rejec~¢l by Lynnwood. or Lynnwood may a~ept the CEer placing sole respon~biii~y upon Bidder for adhedng to ad,endures ragar~Je~ of ac, knowtedgement a~ove. Det~ Offer Acceptance: Herein contains the signature of Lynmvood. accepting and awarding the offer on bel, air of Lynnwood, constituting a contractual agreement to this off, er. Lynnwoo¢ shall not sign this until winningMayor Mike McKinnon:Offer and has made award._ ~-,~ c---,~/f'/~J~ ~ ~ Lynnwaod has Date~//~/~'''''''accepted this as the DATE SUBMITTED: 5/9/03 BILL # 03 - 0 AGENDA BILL 3~ CITY OX: BREMERTON CITY COUNCIL SUBJECT: Committee Meeting Date: 5/13/03 Professional Services Agreement - COUNCIL MEETING Date: 5/21/03 Measurement Research Corporation Department: PW&U - Engineering Presenter: Mike Mecham Phone: 478-5288 SUMMARY: The Department of Public Works and Utilities has negotiated a Professional Services Agreement with Measurment Research Corporation to perform a pavement distress sumey, update the pavement condition ratings for all City streets, and update the pavement Maintenance and Rehabilitation Plan. This update occurs every two to three years. The not-to-exceed authorized contract amount is $26,092. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): No impact. The budgeted amount is $30,000. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTOKNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~ ~,~_~ RECOMMENDED MOTION: Move to award a Professional Services Agreement in the amount of $26,092 with Measurement Research Corporation for the "2003 Pavement Condition Survey" and Authorize the Mayor to execute the same. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] Study Session [] PROFESSIONAL SERVICES AGREEMENT City of Bremerton - 2003 Pavement Condition Survey The City of Bremerton ("City") and Measurement Research Corporation ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated January 15, 2003, including any addenda thereto as of the effective date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this reference as if fully set forth. The Scope of Work may be modified only pursuant to Section VII.H. of this Agreement. If the Scope of Work provides for unspecified additional services the City may request that such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed within 90 calendar days of the execution of this Agreement; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $26,092. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements describing services rendered and the amount charged for each service. The descriptions shall conform to and fall within the categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section II heroin before reaching the maximum amount. The Consultant's bill rates shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. 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. City of Bremerton/Measurement Research Corporation 2003 Pavement Condition Survey Page 1 of 7 I [ If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. IV. Relationship of Parties: Consultant is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent contractors and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent contractor, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, 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 delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREiN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY City of Brernerton/Measurement Research Corporation 2003 Pavement Condition Survey Page 2 of 7 FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-contractors. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. City of Bremerton/Measurement Research Corporation 2003 Pavement Condition Survey Page 3 of 7 The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Contractor 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. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports developed under this Agreement shall belong to and become the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in 4126 4th Street NW, Gig Harbor, Washington. Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. Any use or reuse of the documents, data and files created by Contractor for the City on this project by anyone other than Contractor on any other project shall be without liability or legal exposure to Contractor. C. Contractor to Maintain Records to Support Independent Contractor Status: On the effective date of this Agreement (or shortly thereafter), Consultant shall: 1. File a schedule of expenses with the Intemal Revenue Service for the type of business Contractor conducts; 2. Establish an account with the Washington State Department of Revenue and other necessary state agencies for the payment of all state taxes normally paid by employers, register to receive a unified business identifier number from the State of Washington; and 3. Maintain a separate set of books and records that reflect all items of income and expenses of Contractor's business, all as described in the Revised Code of Washington (RCW) Section 51.08.195, as required to show that the services performed by Contractor under this Agreement shall not give rise to an employer- City of Bremerton/Measumment Research Corporation 2003 Pavement Condition Survey Page 4 of 7 Iq employee relationship between the parties which is subject to RCW Title 51, Industrial Insurance. D. Work Performed at Contractor's Risk: Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Contractor shall perform the work authorized under this Agreement at its offices in 4126 4th Street, Gig Harbor, Washington 98335. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive, Bremerton, Washington 98310, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agxeement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Any written notice hereunder shall become effective upon the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Contractor Address Attention: Eduardo Aban Attention: Derald Christensen 3027 Olympus Drive 4126 4th Street Bremerton, WA 98310 Gig Harbor, WA 98335 J. 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 fight or power. K. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exemise any option herein conferred city of Bremerton/Measurement Research Corporation 2003 Pavement Condition Survey Page 5 of 7 ~ in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. L. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. VIII. Nondiscrimination: Contractor shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. 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 within five days of the terminating Party's sending notice to the non-performing Party. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. Termination shall be effective ten calendar days after Contractor's receipt of the written notice by certified mail. A. Excusable Delays: The right of Contractor to proceed shall not be terminated nor shall Contractor be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Contractor, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity; and (4) negotiated and executed supplemental agreements between the City and Contractor for Contractor to perform extra work defined as tasks not included in the Scope of Work referenced as Exhibit A. PROVIDED, HOWEVER, that the Contractor must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final City of Bremerton/Measurement Research Corporation 2003 Pavement Condition Survey Page 6 of 7 invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. 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 CONTRACTOR Approved as to form: City of Bremerton/Measurement Research Corporation 2003 Pavement Condition Survey Page 7 of 7 17 EXHIBIT A Scope of Work O MRC MEASUREMENT RESEARCH CORPORATION 4126 4th Street NW - Gig Harbor, WA 98335 (253) 851-3200, FAX 851-4334 e-mail d3200mrc(&halcvon.com January 15, 2003 Mr. Edwardo Aban City of Bremerton 3027 Olympic Dr Bremerton, WA 98310-5398 Edwardo; Attached is a "Scope of Work" for rating your pavements. We will walk each street and measure and record all the pavement distresses outlined in the attached scope. We use the rating procedures recommended by the WSDOT TransAid Office with some enhancements to better meet the capabilities of our software. As requested, we will also collect the additional roadside inventory data, which is outlined in detail in the scope of work. The final data will be added to your current PMS database and a full ten-year analysis and report will be provided. The following is a budget statement for these services. Budget Statement 1. Pavement Distress Ratings 296 Lane miles $65/mi1¢ $19,240 2. Data importing and verification 129 CL miles $5/mile $645 3. Update Gig 4 hrs $11 O/hr $440 4. Roadside Inventory Software Modifications 8 hrs $11 O/hr $880 5. Additional Roadside Inventory Data Collection 129 CL miles $3/mile $387 6. Full Rehabilitation Analysis and Report $4,500 Total $26,092 We will schedule these services as early as possible and will notify you as to the estimated start date when the final contract is signed. We average about 5 centerline miles a day per rater and must have dry weather to rate. We will provide you with the final report within two weeks of completing the fieldwork. If possible we would like the following items from the City: 1. Current GIS &/or Cad centerline or right-of-way digital map file. 2. Past construction history since last distress survey. 3. Any special instructions or concerns. 4. Latest copy of your database if modified sense last rated. Sincerely, IR~C ..... ~' "~--~"i~'~''" ~i il;~i; i JAN 2 3 2003 DeraldChristensen ~-~r-~,~.c-~.~- , ~:~ ~ ~ ~> 2003 Bremerton Rating Contract.doc 1/21/2003 Page ! CITY OF BREMERTON MANUAL PAVEMENT DISTRESS SURVEY DETAILED SCOPE OF WORK January 15, 2003 ~ MRC Measurement Research Corporation 4126 4* Street NW Gig Harbor, Washington 253-851-3200, Fax 851-4334 e-mail d3200roxc @ halcyon.corn 2003 Bremetton Rating Contract.dec 1/21/2003 Page 3 of rotting would require traffic control and non-destructive testing and analysis that is beyond the scope and requirements of this contract. This distress is generally not a problem on local agency streets aside from localized rutting at intersections. The distress survey will include the following distresses. The measurement of each distress will be made over the full segment. Flexible Pavement: 1. Rutting and Wear 2. Alligator Cracking 3. Longitudinal Cracking 4. Transverse Cracking 5. Raveling 6. Flushing 7. Patching - Maintenance 8. Patching - Utility cuts 9. Pavement Edge Condition 10. Block Cracking 11. Crack Seal Condition Ri~,id Pavement: 1. Cracking 2. Joint and Crack Spalling 3. Pumping and Blowing 4. Faulting and Settlement - 5. Patching 6. Raveling and Scaling 7. Blowups 8. Wear/Rutting 9. Crack Seal Condition Reducing or analyzing the pavement distress data The processing and categorization of severity and extent of the above noted pavement distresses shall be defined by the Pavement Surface Condition Ratin~, Manual for the Washington State Pavement Rating System developed by the Northwest PMS Users Group and WSDOT. Attachment A contains the distress summary sheets for these distresses. The categorizing of the extent information shall include individual extent amounts, in lengths, areas or number of events as defined by each distress type, for each of the severity levels. Exceptions or corrections to this manual which will be conformed to during your rating operations will include the following: 1. Patching and alligator extent will be measured in terms of area in place of wheel path. 2. Patching severity will be rated using any existing distress condition within the patch. Low - Patch is in good condition and satisfactory. Ride quality is observed as low severity or better. Medium- Patch is moderately deteriorated and/or fide quality is observed as medium severity 2003 Bremerton Rating Contract.doc 1/21/2003 Page 5 Final Product and Schedule The final product will be an updated version of the City's current PMS database with the new rating data entered into it along with any edits, additions or changes found in the field during the rating operations. This updated database along with detailed printed reports showing the results of the survey will be included. MRC staff will be assigned to this project full time. We will schedule these services as early as possible and will notify you as to the estimated start date when the final contract is signed. We average about 5 centerline miles a day per rater and must have dry weather to rate. We will provide you with the final report within two weeks of completing the fieldwork. Budget The following is a budget statement for these services. Budget Statement 1. Pavement Distress Ratings 296 Lane miles $65/mile $19,240 2. Data importing and verification 129 CL miles $5/mile $645 3. Update GIS 4hrs $110/hr $440 4. Roadside Inventory Software Modifications 8 hfs $110/hr $880 5. Additional Roadside Inventory Data Collection 129 CL miles$3/mil¢ $387 6. Full Rehabilitation Analysis and Report $4,500 Total $26,092 2003 BremertonRating Contract.doc 1/21/2003 Page 7 5. Transverse Cracking Severity: (Crack size) Low <1/4 in. wide. Medium >1/4 in wide. High ·'1/4 in. Spelled. Extent: Lineer feet Data Entry: Length in feet for each severity Comments: Count efligator cracking in the transverse direction es high transverse cracks. Include transverse joint reflective cracks. 6. Raveling Severity: Low The aggregate has started to wear away Medium. The ~lgregate has worn away & is rough High The surface texture is deeply pitted. Extent: Localized = 1 - Isolated patches of raveling Wheel paths = 2 - Both wheel paths are fully raveled Enflra lane = 3- Complete sudace is raveled Data Entry: The omdomlnete extent in the rapresente~fve sew~dty column. (one data entry) - ex. 2M Comments: Rate BST as flushing. 7. Flushing or Bleeding Severity: Low Minor amount of aggregate is covered Medium Significant amount of aggregate is covered High Moat of the aggregate is covered Extent: Localized = '1 - Isolated patchea of flushing Wheel paths = 2- Both wheel paths era fully flushed En#ra lane = 3- Complete surface is flushed Data Entry: The oredominete extent in the representative severity column. (one data entry) - ex. 4H Comments: Rate reveling end flushing separately. 8. Patching - Maintenance Severity: WSDOT AL TERNA TE Low Good condBon. Medium Moderately deteriorated - dde medium. High Badly detedoreted - ride poor. Extent: Area Data Entq/: Area in sq. feet for each severfty. Comments: Utility patching is rated separately, 9. Patching - Utility Rated the same as #8 - Maintenance patching 10. Corrugations and Waves Severity: Low 1,/8 in. to 2 in. change par 10 feet. Medium 2 in. ~o 4 in. change per 10 feet. High Over 4 in. change par 10 feet. Extent: Area Data Entry: Area in sq. feet for each sevedty. 2003 Bremerton Rating Contract.doc I/21/2003 Page 9 PORTLAND CEMENT CONCRETE DISTRESSES Severity and Extent Summary 1. Cracking Sevedty Low 1 crack per lane panel Medium 3 cracks par panel High 4 or mom cracks per panel Extent- Enter the number of slabs for each severity or group as below 1% to 9% of the slabs ara cracked 10% to 24% of the slabs am cracked 25% or mom or the slabs ara cracked 2. Joint and Crack Spalllng Sevedty Low 1/8-in. to 1-in, spells Medium 1-in. to 3-in. spelts High Graatar than 3.in, spells Extent- Enter the number of slabs for each severity or group as below 1% to 9% of the joints end cracks ara spelling 10% to 24 % of the joints and cracks ara spelling 25% of more of the joints and cracks ara spelling 3. Pumping and Blowing Severity Low Slight shoulder depression, no staining Medium Significant depression, slight staining High Severe deppassion, significant staining Extent- Enter the number of slabs for each severity or group as below 1% to 9% of the joints and cracks show evidence of pumping. 10% - 24% of the joints and cracks show evidence of pumping, 25% or more of the joints and cracks show evidence of pumping. 4. Faulting and Settlement Sevedty Low 1~8-in. to 1/4-in. faul#ng or settlement at joints or cracks. Medium 1/4-in. to 1/2-in. faul#ng or seffiement at joints or cracks, High Over 1/2-tn. faulting or setttament at jointa or cracks. Exfent Extent- Enter the number of slabs for each severity or group as below 1% to 9% of the panels ara faulllng or settling. 10% to 24% of the panels ara faulting or sewing. 25% or mom of the panels ara feulllng or settling. 5. Patching Severity Low 1% to g% of the panel area is patched, Medium 10% to 24% ofthe panel area is patched. High 25% or more of the panel area is patched. Extent Extent - Enter the number of slabs for each severity or group as below 1% to 9% of all panels in a travel lane am patched. 10% to 24% of ell panels in a travel lane ara patched. 25% or more of all panels in e travel lane ara patched. 2603 BPe~nerton Rating Contract.doc 1/21/2003 Page 11 Roadside Inventory Data The following is detailed list of roadside inventory attributes, which will be collected with the pavement distress data as requested by the City. 1. Sidewalks a. Type (e.g. Concrete, asphalt, pavers etc) b. Width c. Condition d. Location - Side of Road e. Percent Completed for each side of road 2. Curbs a. Type (e.g. Asphalt or concrete extruded, barrier, roll edge, etc. b. Condition c. Location 3. Shoulders a. Type (e.g. Gravel, asphalt, etc.) b. Width c. Condition 4. Ditches a. Condition b. With or without standing water 2003 PCRProposal 4/14/2003 Page 13 FLEXIBLE PAVEMENT INSPECTION FORM Date: PAVEMENT/SEGMENT DATA Le~ u Str/Sq#: Sg Length: Shldr. Type: Str. Name: Sg Width: Shldr. Width: From Desc: Striping: Sidewalk Type: To Desc: Lighting: Sidewalk Width: Bus Routes: Speed Bike Lanes: Sidewalk Cond. # Casting: Lanes Parking: Sidewalk %Comp Pay. Type: Class Curb Ht. Ramped Curb/Fr Observer: Exempt StormSys. Ramped Curb/To COMMENTS: DISTRESS TYPES GRAPHIC 1. Rutting & Wear 10. Corrugations & Wave (AR) 2. Alligator Cracking (AR) 11. Sags & Humps (AR) 3. Long. Crack- Sruct.. (LF) 12. Block Cracking (AR) 4. Long.Crack - Reflect. (LF) 13a. Edge Crk/Rav Ext. 5. Transverse Crack (LF) 13b. Edge Patching Ext. 6. Raveling 14. Crack Seal Condition 7. Flushing 16. Ride Condition 8. Patching_Maint 9,Utili~ (AR) 17. Drainage Cond. DISTRESS TYPES 2 3a 4 5 8a 9 Total L Severity M H Previous L Rating M Data H 2003 PCRProposal 4/14/2003 Page 14 RIGID PAVEMENT INSPECTION FORM Date: PAVEMENT/SEGMENT DATA Le~ ~ht Str/Sq#: Sg Length: Shldr. Type: Str. Name: Sg Width: Shldr. Width: From Desc: Striping: Sidewalk Type: To Desc: Lighting: Sidewalk Width: Bus Routes: Speed Bike Lanes: Sidewalk Cond. # Casting: Lanes Parking: Sidewalk %Comp Pay. Type: Class Curb Ht. Ramped Curb/Fr Observer: Exempt StonnSys. Ramped Curb/To COMMENTS: (Include bridge, median, lane width and excessive crown information) DISTRESS TYPES GRAPHIC 1. Cracking (AR) 5. Patching (AR) .-(% of panels) -(% of panel area) 2. Joint/Crack Spalling (AR) 6. Raveling or Scaling -(% of joints) -(% of surface area) 3, Pumping & Blowing (AR) 7. Blowups (#) -(% of joints) 8. Wear: (select a severity) L 0/4"- ~/2") 4. Faulting/Settlement (AR) M (1/2" - 3/4") __ ~% of panelsI H/>3/4'1 DISTRESS TYPES 1. 2. 3. 4. 5. 7. #of cracked #ofspalled #of pumping #of faulted #of patched #of blowups: #of panels Iow(llpanel) L (1/8'-1') L(siightdepr) L(1/8"-1/4") med(2or31pl M (1'-3") M(mod M(1/4'-1/2") M(10-24%ar h~gh(>3/p~ H (>3") H (>1/2") H(>24%of~ L % M blowups panels H Prevkxm L Cam H 2003 Bremerton Rating Contract.doc 1/21/2003 Page 15 EXHIBIT B Fee Schedule Fee Schedule 1. Pavement Distress Ratings 296 Lane miles $65/mile $19,240 2. Data importing and verification 129 CL miles $5/mile $645 3. Update GIS 4 hfs $110/hr $440 4. Roadside Inventory Software Modifications 8 hrs $110/hr $880 5. Additional Roadside Inventory Data Collection 129 CL miles $3/mile $387 6. Full Rehabilitation Analysis and Report $4,500 Total $26,092 DATE SUBMITTED: 5/7/03 BILL # ~"~3'- AGENDA BILL 8A CITY OF BREMERTON CITY COUNCIL SUBJECT: Eastpark Phase I-Design Committee Meeting Date: 5/13/03 Development Agreement between Ch~,ffey COUNCIL MEETING Date: 5/21/03 Corporation & City of Bremerton Department: Ecoa Development Presenter: Gary Sexton Phone: 473-5282 SUMMARY: The Phase I Development Agreement between the City of Bremerton and Chaffey Corporation sets forth the agreement for Chaffey to perform a market study, create a critical path for design development coordination with the City's Department of Community Development, development of a concept site plan, architectural review and study for proposed housing types and mixture. The agreement includes payment ora fee in the event of termination and an option to purchase upon approval of&sign and other conditions. ATTACHMENTS: Eastpark Phase I - Agreement Between the City of Bremerton and the Chaffey Corporation FISCAL IMPACTS (Include Budgeted Amount): Currently, no budget impact. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: OPERATIONS: ~~_.___ COUNCIL PRESIDENT: -- RECOMMENDED MOTION: Move to approve and authorize the Mayor to finalize and execute the Eastpark Phase I Agreement between the City of Bremerton and The Chaffey Corporation in substantially the same terms and conditions as contained in the proposed agreement. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] Public Hearing [] Information [] ~ Rtndv 9,e~inn [-] PHASE I AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE CHAFFEY CORPORATION This Agreement is made by and between THE CHAFFEY CORPORATION, a Washington Corporation, whose mailing address is P.O. Box 560, Kirkland, Washington 98083, ("Developer"), and the CITY OF BREMERTON, a Washington municipal corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337 ("City"), for the site plan design of real property as follows: WHEREAS, The City has acquired title to a parcel of property consisting of approximately 48 acres, legally described in Exhibit A from the federal government which it has declared surplus; and WHEREAS, The City would like to see the property properly re-developed and wants to ensure that it's planning and development is consistent with the City's plans for development in the community so as to further the City's goals of vitalizing the City, including enhancing the community's housing stock; and WHEREAS, Developer has expressed an interest in acquiring and developing the property; and WHEREAS, Developer has offered to work with the City on a design proposal for residential, other private urban development and public use components acceptable to the City for development of the property; and WHEREAS, It is not the City's intention to do the design or the development on the property or to retain an ownership interest in the property except for the retainage of property for public facilities, utilities, recreation and other public purposes, but rather to sell the property for re-development for uses and pursuant to a design proposal acceptable to the City; and WHEREAS, The parties anticipate that this Agreement will be followed by additional 5-6-03 1 agreements including Phase II covering design plans and specifications and Phase III to cover property sale, acquisition and development consistent with this agreement. NOW, THEREFORE, THE PARTIES TO THIS AGREEMENT AGREE AS FOLLOWS: 1. PROPERTY. The property, consisting of approximately 48 acres of land with no structures or improvements situated thereon, commonly known as "Eastpark", is located off Wheaton Way Bremerton, Washington (the "Property"), and is legally described in Exhibit A, attached hereto and incorporated herein by this reference. 2. COMMENCEMENT DATE. The commencement date of this Agreement is the last signature date appearing on the signature page of this Agreement ("Commencement Date"). 3. SCOPE OF WORK TO BE PERFORMED. The parties will perform the following duties under this Agreement: A. The Department of Community Development has prepared minimum Development Planning Criteria acceptable to the Department of Community Development to be incorporated as minimum guidelines into the schematic design phase for this project. Said Criteria is attached to this agreement as Exhibit B. B. Within ten (10) days from the Commencement Date, the City will provide Developer with copies of any and all documents known to the City regarding the Property, including all land transfer documents from the federal govemment, surveys, aerial photos, topographic surveys, soil studies, tests and reports, and any tests, reports or studies heretofore obtained by the City from any source or undertaken by the City. C. A Critical Path Schedule for the scope of this Agreement will be jointly established by the parties. D. The City shall be responsible for integrating the approved design into the Comprehensive Plan. The Critical Path Schedule will establish a process for accomplishing this objective prior to signing of the Phase II Agreement. E. A Development Proposal and schematic design (collectively, the "Development Proposal") for the development as prepared by the Developer with review and 5-6~03 2 input by the City of Bremerton Community Development Depamnent is subject to the Mayor's final approval. The Development Proposal will consist of the following items, subject to changes to this list by mutual agreement of both parties. (1) Zoning analysis 1. An analysis of what current zoning allows. (2) Conceptual site plan 1. A site plan that contains a diagrammatic overlay of site density and product types. 2. A site plan that proposes a street and pedestrian system for the new housing. (3) Conceptual evaluations I. Architectural character studies of at least three (3) of the proposed housing types. (4) Market Study 1. The Study shall provide demographic analysis of Bremerton. 2. The Study shall address absorption rates of new homes in Bremerton and may include information on Kitsap County. 3. The Study shall address economic analysis for Bremerton and may include information on adjacent jurisdictions as it relates to the Project. F. Developer shall submit the Development Proposal in accordance with the Critical Path Schedule. The City shall have sixty (60) days to approve the Development Proposal, the approval of which shall be solely within the discretion of the Mayor. The parties shall make a good faith effort to resolve any objections the City may have to the Development Proposal. If the City fails to approve the Development Proposal or the parties are unable to mutually agree on the Phase II and III Agreements, either party may terminate this Agreement subject to and in accordance with the provisions of Section 4 below. G. Costs incident to the Comprehensive Plan Process shall be the responsibility of the City. Other Planning Design Costs, Market Studies, Due Diligence Research and Analysis shall be the responsibility of Developer. H. Developer will retain a land planner and/or architect acceptable to the 3 City. The planner/architect will be subject to the payment, direction, control, hiring and firing exclusively by Developer. Developer will allow direct communication between the City and the planner/architect regarding design criteria and plans and comprehensive plan integration. I. The City agrees to make the City Staff available to assist Developer in due diligence and design efforts. J. The Developer and its agents, subcontractors and consultants shall have the right to enter on the Property to conduct such inspections, studies, reports, tests and/or surveys as Developer deems reasonably necessary or desirable to undertake Developer's due diligence activities and to formulate and complete the Development Proposal. In the event Developer's testing requires soil borings, digging, trenching or other disturbance of the site, Developer will restore the site to a substantially similar condition as existed prior to such testing. Developer shall indemnify and hold the City harmless from all claims and liabilities arising from exercise of Developer's entry rights. 4. TERMINATION. Termination of this Agreement may only occur in one of the following manners: A. Developer may terminate this Agreement with twenty (20) days prior written notice. In this case, there will be no reimbursement from the City and the City shall receive ownership of the documents and may use the designs, however, Developer shall retain the copyright of the designs of the residential units. B. The City may terminate this Agreement on twenty (20) days written notice for any reason, up to and antil the City Council approves the Phase III Agreement pursuant to Paragraphs 5 and 14 of this Agreement. C. If this Agreement is terminated by the City, the City shall pay only if terminated after the commencement date as follows: (1) 75% of Developer staff rates for in-house staff dedicated to the work performed under this Agreement. A list of rates for in-house staff is attached to this Agreement as Exhibit C incorporated herein by reference. (2) 7% mark-up on staff costs in subsection C(1 ) above. (3) Actual invoice costs for consultants and direct costs incurred to third-parties. (4) In return, Developer will assign to the City its work product and the work product of Developer's Consultants, including design documents, studies, reports, surveys and other similar documents (collectively "Development Documents"), with the 4 exception of Developer and/or its assigns retaining the copyright or other rights of the designs of the residential units such that it may continue to use such designs into the future without limitation. D. Developer will keep full and accurate record of all Labor, Materials, Study, Consultant and other costs, with copies of prior month costs delivered to the City by the 5th of the succeeding month. E. The City agrees to defend, indemnify and hold Developer harmless from any claims, demands or causes of actions arising out of or related to the City's use of the Development Documents if the Agreement is terminated prior to signing a Phase II agreement. 5. OPTION TO PURCHASE WITH CONDITIONS. If this Agreement has not been terminated, upon final approval of the schematic plans by the City, the parties will enter into a Phase II Construction Drawing and Plan phase and a Phase III Agreement wherein Developer will have the option td purchase all properties within the site that are designated for residential, multi-family, and/or business development, subject to the following conditions: A. Conveyance by the City to Developer to be by statutory warranty deed, subject only to the "Permitted Exceptions" described below. B. Developer has received a preliminary commitment (the "Preliminary Commitment") for ALTA extended coverage title policy (the "Title Policy") issued by Pacific Northwest Title Insurance Company dated March 12, 2003 under Commitment No. 32071827 Depending on the configuration of the Project as set forth in the final approved Development Proposal, Paragraphs 1 through 12 of the Schedule B Special Exceptions set forth in the Preliminary Commitment may have to be eliminated, modified or clarified. In connection with the negotiation of the Phase II and III Agreements, these exceptions shall be fully addressed, and responsibility for any exceptions that may need to be eliminated, modified or clarified in order to consummate the Development Proposal shall be allocated between the parties in the Phase II and III Agreements. Developer shall be responsible for the elimination of Paragraph 13. The parties agree that Paragraph 14 is not applicable. At Closing, the City shall cause the Title Company to issue the final Title Policy in the amount of the purchase price to the Developer, subject only to Permitted Exceptions that will be described in the Phase III Agreements and the Title Company's standard pre-printed exceptions and exclusions. C. The purchase price for the property shall be the appraised fair market value which may be paid with in-kind real property acceptable to the City in its sole discretion but subject to any in-kind limitations or prohibitions of the transfer contained in the City of 5 Bremerton Closing Acquisition Documents from the U.S. Navy. During the formulation of the Development Proposal the parties shall agree on the process for the selection of the Appraiser and the methodology that will govern the appraisal process. D. Compliance with the Critical Path Development and Land Transfer Agreement as agreed by the parties. E. The sale of the property to Developer, being a negotiated sale pursuant to BMC 2.78.030(e)(1), shall be subject to final approval of the City Council. This approval shall occur as part of the approval of the Development Proposal. F. Conveyance to Developer shall contain reversionary purchase rights to the City in the event Developer fails to comply with the terms and conditions of development including the Critical Path Schedule as established for purchase of the property from the City. Terms of the reversionary rights shall be negotiated as part of the Phase III Agreement (sale documents). Provided, however, once the sale of a parcel has occurred and Developer has completed installation of the infrastructure (including streets, sidewalks, sewers and water to all sites), then the City's reversionary purchase rights to the purchased parcel shall terminate. 6. INDEMNIFICATION. Each party participating in this Agreement shall defend, indemnify and hold the other party participating in this Agreement, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the party's intentional acts and negligence in its performance under this Agreement. The provisions of this section shall survive the expiration or termination of this Agreement. 7. GOVERNING LAW. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Developer under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. 8. ATTORNEY'S FEES. In any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit. 9. WRITTEN NOTICE. All communications regarding this agreement shall be sent to the parties at the addresses listed below, unless otherwise notified by personal service or certified mail: Developer City of Bremerton 6 Chaffey Corporation 239 4th Street P.O. Box 560 Bremerton, Washington 98337 Kirkland, WA 98083 360-478-5282 425-822-5981 Attn: Gary Sexton Attn: Herb Chaffey Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. 10. ASSIGNMENT. Any assignment of this agreement without the written consent of the City shall be void. 11. MODIFICATION. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the parties. The following persons have the authority to execute and approve supplements and addenda to this Agreement: For the City: Gary Sexton For the Developer: Herb Chaffey or Rick LaBow 12. SEVERABILITY. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. 13. ENTIRE AGREEMENT. The written provisions and terms of this Agreement shall supersede all prior verbal statements of any officer or other representative of any of the participating entities, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement. 14. COUNCIL APPROVAL. This agreement is subject to the approval of the Bremerton City Council as well as approval by the City Council of a negotiated sale pursuant to BMC 2.78.030(e)(1). The City agrees to obtain City Council approval of this Agreement within thirty (30) days of the date this Agreement is signed by Developer and the Mayor. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. DEVELOPER CITY OF BREMERTON THE CHAFFEY CORPORATION 7 By Herb Chaffey By Cary Bozeman Its President Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, KATHLEEN McCLUSKEY, Bremerton City Attorney Bremerton City Clerk Exhibit B Development Target Goals for EAST PARK · Create density to average at least 10 units / acre, for the privately owned and developed property. Density can be up to 18 units / acre within the current plan designation / zoning classification. · Incorporate a variety of housing types and structure densities to promote a diverse neighborhood that may market well to young professionals, seniors and other expanding segments of the population. · Connect to the existing street pattern at the property's boundaries; maintain a grid pattern witl'i~t~e development, adjusting for topography as necessary. · Promote the integration of the site into the existing neighborhood to the north; avoid creating designed barriers such as entry gates. · Create pedestrian connections to the hospital center district to the west; these routes should be accessible to the general public. · Consider using residential structure types at the site's higher elevations that capture westward views to the Olympic Mountains. · Participate in one or moro neighborhood meetings to gain project support, share information, and solicit ideas for neighborhood integration. · Employ architects, planners and / or urban designers in project planning and design to insure that the Eastpark project exhibits high standards of functional integration with the existing neighborhood as well as distinctive yet complementary structure designs. · Through design excellence, demonstrate to the community that urban infill development is an asset that can bring higher incomes, new property taxes, new amenities and a rekindled spirit to existing neighborhoods. DATE SUBMiI-IED: 4/22/03 BILL # ~-) 3 ~ AGENDA BILL 8 8 CITY OF BREMERTON CITY COUNC~ SUBJECT: Fire Storage Building Committee Meeting Date: -44-29;q~ 5//g-]/~)3 Stimco Steel Structures COUNCIL MEETING Date: 5/7/03 Public Safety Bond Issue Depa~hxxent: Economic Development Presenter: K. McCluskey Phone: 473-5234 SUMMARY: The con~'actor will provide an approximately 50 foot wide by 66 foot pre-engineered metal building including concrete foundation and floor slab to be located adjacent to the Olympus Ave. Fire Station #3. This building is a replacement building for the current fire depm'h~ent warehouse which houses the antique fire truck, back up fire pumper and bunker gear. An additive bid was received for a wash bay of approximately 50 x 25 feet. ATTACHMENTS: Contract with Stimco. FISCAL IMPACTS (Include Budgeted Amount): $90,978 for the pre-engineered steel building plus WSST. $16,944 for the Wash Bay plus WSST. Not to exceed $47,607 plus WSST for the concrete foundation and drain system. This project is part of the Public Safety Bond Issue. APPROVALS: ~/ DEPARTMENT DIRECTOR: "- ~ ~. ( ~ K~ CITY ATTORNEY: ~ MAYOR: t'<~-~ ~"~- ~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: ~CO~E~ MORON: Mofi~ to appr~e con~a~ ~ Sfm~ Steel S~es, he. for replac~t b~lding ~d ~ bay and au~orize ~e Mayor to fin~ize ~d ex.ute ~e ~e in substantially the ~e fo~ as a~ched. AGENDA STATUS: Consent New Business Old Bu~nc~ Olxlinnn~ COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Heafin~ PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and Stimco Steel Structures CContractor") whose mailing address is 227 Tacoma Avenue South, Tacoma, WA 98401. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Provide and erect a 50-four wide by 9l foot long by 17 foot high (at cave line) pre- engineered metal building in accordance with the contract drawings and specifications. This includes the approximately 25 foot wash bay in Additive Bid Item #1. Provide column reactions to Owner. Erect building on a foundation and floor slab constructed by contractor. Provide mechanical, electrical, pavement and utility connections as specified in the drawings and specifications. The above referenced contract drawings and specifications are attached as Exhibit 2. TIME OF COMPLETION. Contractor shall complete the work within 120 (one hundred twenty) calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $152,039.00 (One Hundred Fifty Two Thousand Thirty Nine Dollars and 00/100) plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Depa~h~ent of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) o~' any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Depa~'tt~ent of Labor & Industries and until settlement of any liens filed under Chapter 60.28 I~CW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment fi.om Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is StirncoSteel Pa~e 1 of 8 unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all mounts due or to become due the Contractor. D. Final Payment: Waiver 0f Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETA1NAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. IN1)EPENIDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub-contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. Stirnco Steel Pa~,e 2 of 8 ~ ~,. 7. CHANGES. The City may issue a written change order for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time allowed, the Contractor waives its fight to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. c. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty tO Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall Stirnco Steel Pa~e 3 of 8 constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. 9, WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MLrrUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise fi.om or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors, Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insorance evidencing: I. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial Gen,rld Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/complcted operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. Stirnco Steel Pace 5 of 8 L]5 12. MISCELLANEOUS. A Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Complianc~ with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. N0nwaiv~. of Bmltch- The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or m exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's FC~s. To the extent not inconsistent with RCW :t9.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days a.qer the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assigumgea. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Mo~lifica, tion. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. Ntirnca Steel Page 6 of 8 L-} ~ K. Entire Agreement. The written provisions and terms of this agreemem, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WlClEREOF, the parties below have executed this agreement. STIRNCO STEEL STRUCTURES CITY OF BREMERTON Dale Stirn Cary Bozeman Title: President Title:Mayor DATE DATE Notiees to be sent to: Notice~ to be sent to: CONTRACTOR: CITY OF BREMERTON: Dale Stirn Project Administrator Stimco Steel Structures 239 Fourth Street 227 Tacoma, Ave. South Bremerton, WA. 98337 Tacoma, WA 98401 APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk Stirnco Steel Pa~e 7 ors t_~ ~-] EXHIBIT "A' DRAWINGS & SPECIFICATIONS Stirnco ,~teel Palze 8 of 8 ~ ~ DATE SUBMITTED: May 7, 2003 BILL # 0 3 - (~ AGENDA BILL ~ 6 CITY OF BREMERTON CITY COUNCIL SUBJECT: US Bank Purchase Commit-tee Meeting Date: May 13, 2003 COUNCIL MEETING Date: May 21, 2003 Department: Econ. Dev. Presenter: Kathleen McCluskey Phone: 473-5234 SUMMARY: The City made an offer on the US Bank Building last year. It was determined at that time that the location across from the new Government Center and in the downtown core was ideal for a Public Safety Facility housing both Police and Court. The lot size is approximately 52, 090 sf. The three story building is approximafley 20,500 sf. There are 68 sparking spaces on site. It was built in 1977. The Bank accepted our offer and has been in the process of finalizing their agreement for a new location. The attached purchase and sale agreement provides for a due diligence period of 90 days for the City to obtain clear rifle, perform environmental assessments and obtain an appraisers confirmation of property value. We have obtained sufficient information from the current owners of the building and property to be confident that we can complete our review in the 90 day period. ATTACHMENTS: Purchase and Sale Agreement and information sheet regarding the building. FISCAL IMPACTS (Include Budgeted Amount): $1,000,000.00 included in the Public Safety Bond Issue. APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: /~. ~ OPERATIONS: ~~__.,/ COUNCIL PRESIDENT: RECOMMENDED MOTION: Motion to approve the Purchase and Sale Agreement with US Bank National Association in the amount of One Million Dollars and authorize the Mayor to finalize and execute the same in substantially the same form as attached. AGENDA STATUS: Consent [] New Business [] Old Business [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [] U.S. BANK BUILDING 607 PACIFIC AVENUE BREMERTON, WASHINGTON · Assessed Value: $417,000 land; $432,000 building; Total: $849,000 $849,000 x 1.2 (standard market inflation) = $1,018,800 · Lot Size: 52,090 square feet · Building footprint: 10,391 square feet Two story above grade with basement 33 feet high · Area: Basement 4,079 sq. f~ Main floor 10,550 sq. f~ Mezzanine 5,895 sq. fl Total: 20,524 sq. ft · Parking: East side (Pacific Avenue) - 40 West side - 28 · Built: 1977 · HVAC and Elevator (1) under annual maintenance · Available for Review: Site Plan Floor Plans Operating Expense Summary REAL ESTATE PURCHASE AND SALE AGREEMENT CITY OF BREMERTON, with an address of 239 Fourth Street, Bremerton, WA 98337 ("Purchaser"), hereby agrees to purchase, and U.S. BANK NATIONAL ASSOCIATION, with an address of 4480 Emerald Avenue, Cincinnati, Ohio 45242 ("Seller"), agrees to sell the real property commonly known as 607 Pacific Avenue, Bremerton, Washington, and mom particularly described in Exhibit "A" attached hereto and made a part hereof, together with the land and all associated buildings, improvements, fixtures, easements, rights-of-way and appurtenances belonging or in any way appertaining thereto, if any, and the fixtures, equipment (including the vaults, undercounter steel and teller line) and all personal property, if any, located thereon as of the date of Closing, but excluding the drive- up island equipment and ATM(s) (collectively, the "Property"), at the price and upon the terms and conditions set forth below: 1. Price and Terms. The purchase price is One Million Dollars ($1,000,000.00) payable in cash at closing ("Purchase Price"). 2. Effective Date. The Effective Date of this Agreement (hereafter the "Effective Date") shall be the date on which the latter of either Purchaser or Seller affixes their signature to this document, thereby making this Agreement fully executed. 3. Purchaser's Contingencies. Purchaser shall have sixty (60) days from the Effective Date of the Agreement (the "Due Diligence Period") to perform the following: (a) Obtain acceptance of its terms by the Bremerton City Council. (b) Review and approve a title report on the Property prior to Closing. The title shall show Seller in marketable title in fee simple free and clear of all liens and encumbrances except: (a) those created or assumed by Purchaser; (b) zoning ordinances; (c) legal highways; (d) covenants, restrictions, conditions and other matters of record acceptable to Purchaser; (e) real estate taxes and assessments not yet due and payable; and (f) all matters which may be disclosed by an accurate survey or an inspection of the Property (collectively, the "Permitted Exceptions"). The cost of Purchaser's title commitment and the basic owner's title insurance policy, including all abstracting, title examination, document preparation and copying charges incurred in the preparation of said cormnitment and insurance shall be split equally between Purchaser and Seller. (c) Perform and/or review a feasibility study, all at Purchaser's sole cost and expense, for the Property as follows: (1) Purchaser's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and capacity, access availability, zoning, preliminary architectural and engineering studies. (2) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase II environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. Seller will be notified if a Phase II environmental assessment is to be conducted, and Seller's consent to such Phase II shall be obtained prior to commencement of any work. (d) Conduct an appraisal at Purchaser's cost and expense. The appraisal must show that the value of the Property, as appraised, meets or exceeds the Pumhase Price. Purchaser's obligation under the Agreement shall be expressly subject to its approval of the Property and the results of its due diligence review of the Property, such approval to be determined by Purchaser in its sole and absolute discretion. If any of the above "Contingencies" are not satisfied by the last day of the Due Diligence Period, and Purchaser desires to terminate this Agreement, then Purchaser must deliver written notice to Seller stating that Purchaser desires to terminate this Agreement (the "Termination Notice"). If Purchaser fails to deliver the Termination Notice so that it is received by Seller on or before 5:00 p.m. Eastern Standard Time on the last day of the Due Diligence Period, then Purchaser shall be deemed to have waived all Contingencies and to have elected to proceed with this Agreement. If Purchaser either fails to deliver such a notice to Seller by the prescribed time on the last day of the Due Diligence Period or notifies Seller in writing that it waives all Contingencies, the Earnest Money (as defined below) will become the property of Seller, will be non-refundable to Purchaser, and will apply as a credit toward the Purchase Price at the Closing. If Purchaser gives Seller a timely Termination Notice, then this Agreement shall terminate, in which event the Earnest Money shall be returned to Purchaser as Purchaser's sole remedy and neither Seller or Purchaser shall have any further rights, duties or obligations, except for any liabilities, rights, duties or obligations that expressly survive this Agreement, unless, within ten (10) days after Seller's receipt of the Termination Notice, Seller elects to notify Purchaser (the "Mitigation Period Notice") that Seller will use reasonable efforts to cure Purchaser's obligation(s) listed in the Termination Notice. If Seller sends a timely Mitigation Period Notice but does not cure Purchaser's objection(s) by thirty (30) days after the date of the Termination Notice (the "Remedy Period"), then this Agreement shall terminate on that date, in which event the Earnest Money shall be returned to Purchaser as Purchaser's sole remedy. All inspections, studies, reports, surveys, reviews, applications and approvals shall be Purchaser's sole responsibility and expense. Except to the extent prohibited by law, all Property information, including the results of any inspection, report or analysis of the Property, will be kept strictly confidential by Purchaser, and may be shared only with bona fide potential lenders, tenants or purchasers of the Property. Any potential tenants or purchasers of the Property shall first execute confidentiality agreements in a form reasonably satisfactory to Seller before reviewing the Property information. If this Agreement is terminated, then Purchaser will immediately provide to Seller all copies of all information, if any, provided by Seller or its consultants concerning the Property. Purchaser and Purchaser's designees will be entitled to access to the Property at reasonable times during the Due Diligence Period, to undertake studies and inspections to satisfy the Contingencies. Purchaser agrees to schedule and perform any inspections or tests of the Property in coordination with an on-site representative of Seller and in such a way as will cause the least possible disruption to Seller's activities. After completion of the studies and inspections, Purchaser and Purchaser's designees will promptly and diligently restore the Property to at least as good a condition as existed immediately prior to any such inspections or studies. Purchaser agrees to indemnify and hold Seller harmless from all loss, liability, claim and expense (including reasonable attorneys' fees) arising out of the acts or omissions of Purchaser or its designees on the 2 Property, including, but not limited to, mechanic's liens, damage to persons or property and third party claims. 4. Damage or Destruction of Property. Risk of physical loss to the Property shall be borne by Seller until Closing, provided that if the Property shall be substantially damaged or destroyed before this transaction is closed, Purchaser may (a) proceed with the transaction and be entitled to all insurance, if any, but in no event more than eighty percent (80%) of the Purchase Price payable to Seller under all policies covering the Property, or (b) terminate this Agreement and thereby releasing all parties from liability hereunder, except as otherwise provided in this Agreement, by giving written notice to Seller within ten (10) days after Purchaser has been provided written notice of such damage or destruction by Seller. Failure by Purchaser to so notify Seller shall constitute an election to terminate the transaction. 5. CONDITION OF PROPERTY AND IMPROVEMENTS. EXCEPT AS PROVIDED IN THIS PARAGRAPH, SELLER MAKES NO REPRESENTATION OR WARRANTY RESPECTING, AND PURCHASER HEREBY RELEASES SELLER FROM, THE ECOLOGICAL, ENVIRONMENTAL, OR PHYSICAL CONDITION AND/OR USE OF THE PROPERTY, ITS COMPLIANCE WITH APPLICABLE LAWS, ZONING OR OTHER MATTERS WITH RESPECT THERETO. PURCHASER IS RELYING SOLELY UPON ITS OWN EXAMINATION OF THE PROPERTY AND SHALL ACCEPT THE PROPERTY IN "AS-IS" CONDITION WITHOUT IMPLIED OR EXPRESS WARRANTY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. TO THE BEST OF SELLER'S KNOWLEDGE, WITHOUT INDEPENDENT INVESTIGATION OR INQUIRY, SELLER REPRESENTS THAT IT IS NOT AWARE OF EXISTENCE OF, OR HAS CAUSED OR ALLOWED TO BE CAUSED, ANY ENVIRONMENTAL CONDITION DURING SELLER'S OWNERSHIP OF THE PROPERTY (INCLUDING, WITHOUT LIMITATION, A SPILL, DISCHARGE OR CONTAMINATION) THAT EXISTED AS OF AND/OR PRIOR TO THE CLOSING DATE OR ANY ACT OR OMISSION OCCURRING PRIOR TO THE CLOSING DATE, THE RESULT OF WHICH MAY REQUIRE REMEDIAL ACTION PURSUANT TO ANY FEDERAL, STATE OR LOCAL LAW OR MAY BE THE BASIS FOR THE ASSERTION OF ANY THIRD PARTY CLAIMS, INCLUDING CLAIMS OF GOVERNMENTAL ENTITIES, EXCEPT FOR ANY MATTERS ADDRESSED IN THAT CERTAIN PRELIMNARY ASBESTOS INSPECTION REPORT DATED ~IUNE 3, 1996~ PREPARED FOR WEST ONE BANK AND IN THAT CERTAIN ASBESTOS MAINTENANCE PROGRAM DATED JUNE 4, 1996, PREPARED FOR WEST ONE BANK, THE SELLER'S PREDECESSOR IN INTEREST. FOR THE PURPOSE OF THIS AGREEMENT, ALL REFERENCES TO "SELLER'S KNOWLEDGE" OR ANY DERIVATION THEREOF SHALL MEAN THE CONSCIOUS ACTUAL KNOWLEDGE OF STEVEN R. FRANKEL, VICE PRESIDENT, WITHOUT INDEPENDENT INVESTIGATION OR OTHER INQUIRY. 6. Conveyance and Closing. Purchaser shall be entitled to possession on the day of Closing. The closing ("Closing") shall occur on a mutually acceptable date at least (150) days after the last day of the Seller's Contingency Period, as defined below in Section 11, but in no event later than March 1, 2004. Seller may elect to accelerate the date of Closing upon notice to Purchaser. The escrow closing and issuance of an owner's policy of title insurance shall be handled by First 3 American Title Insurance Company's National Accounts Office at First American Title Insurance Co., 6077 Primacy Parkway, Suite 12lB, Memphis, Tennessee 38119, Attn: Rita Bost (ph: (800) 851-1757 and facsimile: (901) 680-9158) and its local office (the "Escrow Agent") at a time mutually satisfactory to the parties hereto. At Closing, Seller shall deliver to Purchaser a special warranty deed, subject to the Permitted Exceptions. Said Deed shall be substantially similar to the sample deed, which is attached hereto and incorporated by reference herein as Exhibit "B," including the restrictive covenant against financial use as set forth therein. Pumhaser shall pay costs typically assessed Purchasers for the transaction including any surveys, inspections, extended coverage for title insurance, and recording fees at closing. Seller shall pay costs typically assessed Sellers, including its legal fees, deed preparation, and real estate excise taxes. Purchaser agrees that Escrow Agent shall issue the owner's policy if Purchaser elects to buy title insurance. 7. Taxes and Assessments, Rents and Deposits. Real estate taxes, rents or deposits shall be prorated through the date of Closing. Purchaser shall assume all liability for any and all real estate taxes and/or assessments, special or otherwise, on the Property after the date of Closing. 8. Earnest Money. Upon full execution of this Agreement, Purchaser will deposit in escrow with Escrow Agent earnest money in the amount of Fifty Thousand and No/Dollars ($50,000.00) (the "Earnest Money"). The Earnest Money shall be held in an interest bearing account maintained by Escrow Agent to be disbursed as follows: (a) to be applied to the Purchase Price when the transaction is closed; (b) if Seller fails or refuses to perform its obligations under this Agreement, the Earnest Money shall be returned to Purchaser as Purchaser's sole remedy; (c) if Purchaser fails or refuses to perform its obligations under this Agreement, the Earnest Money shall be paid to Seller, which payment shall be the sole remedy for non-performance of Purchaser. PURCHASER AND SELLER INTEND THAT SAID AMOUNT CONSTITUTES LIQUIDATED DAMAGES: AND SO AS TO AVOID OTHER COSTS AND EXPENSES TO EITHER PARTY IN CONNECTION WITH POTENTIAL LITIGATION ON ACCOUNT OF PURCHASER'S DEFAULT. PURCHASER AND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES; or (d) in the event of a dispute over the disposition of the Earnest Money, the Earnest Money shall be placed in an interest bearing escrow account until (i) Purchaser and Seller have settled the dispute or (ii) disposition has been ordered by a final court order. Each of the undersigned agrees and consents that Escrow Agent may act as escrow agent on behalf of the undersigned hereunder and, waives any conflicts-of-interest which might otherwise arise. Seller and Purchaser hereby agree to indemnify and save harmless Escrow Agent from all claims, losses, damages and expenses, including without limitation, reasonable attorney's fees, arising out of this escrow, except for the negligence or intentional misconduct of the Escrow Agent. In thc event that litigation or a threat of litigation arises out of this Agreement, Escrow Agent, with fourteen (14) days prior notice to the parties hereto, may resign and deposit the Earnest Money with a court of competent jurisdiction in the county in which the Property is located. 9. Miscellaneous. This Agreement constitutes the entire agreement and no oral or implied agreement exists. Any amendments to this Agreement shall be in writing, signed by Purchaser and Seller and copies provided to them. This Agreement shall be binding upon the parties, their heirs, administrators, executors, successors and assigns, subject to this Section. Seller and Purchaser each warrant that the officer executing this Agreement on behalf of each has full authority to execute the same, to bind Seller and Purchaser respectively and to cause Seller and Purchaser respectively to perform this Agreement. Purchaser may assign its rights under this 4 Agreement to a third party, subject to the approval of the Seller. Time is of the essence of all provisions of this Agreement. Captions are for identification only and are not a part of this Agreement. This Agreement shall be governed by the laws of the State in which the Property is located. The covenants, restrictions and other provisions of this Agreement shall survive the Closing and shall not merge into the deed of conveyance delivered at the Closing. All notices hereunder shall be written and sent by certified mail, return receipt requested or overnight mall by a national courier to the addresses as follows: To Seller: Steven R. Frankel, Vice President U.S. Bank - Corporate Real Estate 4480 Emerald Avenue Cincinnati, Ohio 45242 Telephone: (513) 794-8782 Facsimile: (513) 794-8791 With copies to: Marsha L. Ward, Asst. Vice President U.S. Bank-Corporate Real Estate 4480 Emerald Avenue Cincinnati, Ohio 45242 Telephone: (513) 794-8790 Facsimile: (513) 794-8791 And: Frost Brown Todd LLC 201 E. Fifth Street, 2200 PNC Center Cincinnati, Ohio 45202 Attn: Christina M. Sprecher, Esq. Telephone: (513) 651-6105 Facsimile: (513) 651-6981 To Purchaser: Kathleen McCluskey Director of Administrative Services 239 Fourth Street Bmmerton, WA 98337 Telephone: (360) 473-5234 Facsimile: (360) 473-5850 10. Broker's Fee. Each party represents to the other party that no real estate broker, consultant, finder or like agent has any interest in this transaction other than Asset Advisors, LLC, 1999B Brownsboro Road, Louisville, KY, 40206, whose commission is to be paid by the Seller per a separate agreement. Each party hereby agrees to indemnify and hold the other harmless from and against all claims, liabilities and expenses, including reasonable attorneys' fees, arising out of any 5 claim by any other broker, consultant, finder or like agent with whom the indemnifying party has dealt or negotiated. 11. Seller's Contingencies. Seller shall have one hundred twenty (120) days, which shall commence on the first day of the Purchaser's Due Diligence Period, as extended for each day used of the Remedy Period (the "Seller Contingency Period") to perform the following: (a) locate an alternative location for relocation from the Property ("Replacement Property"); (b) enter into a binding agreement for such Replacement Property; (c) obtain all desired and necessary approvals, internal and otherwise, permits and the like and to perform all diligence required for such relocation ("Seller's Contingencies"). The terms of the relocation and suitability of the Replacement Property shall be acceptable to Seller in it sole discretion. If, the above "Contingencies" are not satisfied by the Seller Contingency Period, and if Seller desires to terminate this Agreement, then Seller shall deliver written notice to Purchaser stating that Seller desires to terminate this Agreement (collectively, the "Seller's Termination Notice"). If Seller fails to deliver the Seller's Termination Notice so that it is received by Purchaser on or before 5:00 p.m. Eastern Standard Time on the last day of the Seller's Contingency Period, then Seller shall be deemed to have waived all Contingencies and to have elected to proceed with this Agreement. If Seller gives Purchaser a timely Seller's Termination Notice, then this Agreement shall terminate, in which event the Earnest Money shall be returned to Purchaser as Purchaser's sole remedy and neither Seller or Purchaser shall have any further liabilities, rights, duties or obligations, except for any liabilities, rights, duties or obligations that expressly survive this Agreement. Seller shall have the option to waive the Seller's Contingency Period upon thirty (30) days notice to Purchaser, and proceed to Closing. 12. Expiration and Acceptance. This offer shall remain open for acceptance until 5:00 p.m. Cincinnati, Ohio time on ,2003, at which time it will expire and hold no obligation for either Purchaser or Seller, unless both Purchaser and Seller have by this date both signed their acceptance. PURCHASER: CITY OF BREMERTON By: Print Name: Cary Bozeman Title: Mayor Tax 1D Number: Signed on ,2003. 6 SELLER'S ACCEPTANCE The undersigned hereby acknowledges receipt of the above offer to purchase and accepts the offer and agrees to all of the terms and conditions contained therein. U.S BANK NATIONAL ASSOCIATION By: Print Name: Steven R. Frankel, CCIM, MCR Title: Vice President, U.S. Bank Corporate Real Estate Signed on ,2003. EXHIBIT A LEGAL DESCRIPTION That portion of Government Lot 2, Section 13, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington, described as follows: Beginning at the Northeast comer of Block 16, Town of Bmmerton, according to the plat recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington; thence North 60 feet to the Southeast comer of intersection of Pacific Avenue and 6th Street and the Tree Point of Beginning; thence North along the West margin of Pacific Avenue 200 feet; thence West along the South margin of 7th Street a distance of 250 feet; thence South 97 feet; thence West 20 feet; thence South 103 feet to the North margin of 6th Street; thence East 270 feet to the True Point of Beginning. EXHIBIT B Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, WA 98337 AUDITOR/RECORDER'S INDEXING FORM Document Special Warranty Deed Title(s): Reference Number(s) of Documents assigned or released: Grantor(s U.S. Bank National Association )~: Additional names on page of document. Grantee(s City of Bremerton ~)~nal names on page of document. ~egal Description: I(abbreviated) .~A tdi_t_i )nal legal is on pag~e of documeat. ~ssessor s Property Tax Parcel/Account ~qumber: SPECIAL WARRANTY DEED U.S. Bank National Association, a national banking association, as successor in interest to West One Bank, Washington ("Grantor"), for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, grants, with special warranty covenants, to the City of Bremerton ("Grantee"), a Washington municipal corporation, for any and all municipal services, the following described real property situated in the County of Kitsap, State of Washington described on Exhibit A attached hereto and made a part hereof ("Property"). 9 Together with all the privileges and appurtenances to the same belonging: To have and to hold the Property unto Grantee, its successors and assigns, in fee simple forever; and Grantor for itself and for its successors, hereby warrants, with special warranty covenants, with the Grantee, its successors and assigns forever, that it is lawfully seized in fee simple and that it will defend the same from and against the claims and demands of only Grantee and all persons claiming by, through, or under Grantee, but not against the claims of others whomsoever; and that the conveyance of the Property is made subject to (a) all liens and encumbrances created or assumed by Grantee; (b) zoning ordinances; (c) legal highways; (d) covenants, restrictions, conditions and other matters of record; (e) real estate taxes and assessments not yet due and payable; (f) all matters which may be disclosed by an accurate survey or an inspection of the Property; and (g) the matters described in Exhibit B attached hereto and made a part hereof. This conveyance is further subject to the following restriction imposed on the Property: No portion of the Property shall be used or occupied for the principal or incidental purpose of banking, financial, brokerage and/or for the operation of any automated or remote teller machine and/or credit union. The foregoing restrictions shall constitute covenants running with the land for a period of five (5) years from the date of this Deed after which they shall lapse and shall be of no further force and effect. The violation of any of these restrictions shall be enforceable, in both law and equity, entitling Grantor to both injunctive relief and compensatory damages including reasonable attorney fees, and the Grantee, its successors and assigns by accepting this Deed consents and agrees to hold the Property subject to the restrictive covenants expressed above. Invalidation by any one of these restrictions by judgment or court order shall in no way affect any other restriction, which shall remain in full force and effect. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers this day of ,2003. GRANTOR: U.S. BANK NATIONAL ASSOCIATION By: Print Name: Title: 10 ACKNOWLEDGEMENT STATE OF ) ) SS. COUNTY OF ) On this __ day of ,2003, before me appeared personally known to me, who being by me duly sworn, did say that he is the of U.S. Bank National Association and that said instrument was signed and sealed on behalf of said organization and that he acknowledged said instrument to be the free act and deed of said corporation and that it was executed for the consideration stated therein and no other. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public APPROVED AS TO FORM Roger A. Lubovich, City Attorney 11 Insert Exhibit A - Legal Description Insert Exhibit B - Title Exceptions from Title Commitment Cinl~brary/1282076.5 12 DATE SUBMITTED: May 5, 2003 BILL # (.) 3 - Oq AGENDA BILL CITY OF BREMERTON ~ ~ CITY COUNCIL SUBJECT: Public Safety Bond Issue Committee Meeting Date: 5/13/03 Professional Services Agreement with COUNCIL MEETING Date: 5/21/03 Arai/Jackson Architect for Police/Court Department: Econ. Dev. Building Presenter: Kathleen McCluskey Phone: 473-5234 SUMMARY: The City issued an RFQ for architect services in February. We received twelve responses. The project team selected four firms for interview. Interviews were held in March. The imerview team evaluated each firm based upon the following criteria: a) strength of the proposed team; b) demonstrated flexibility in design concepts; c) experience in designing Police/Court Facilities; d) compatibility/responsiveness to owner team; 0 location of key personnel. The architect firm of Ami/Jackson was selected. ATTACltMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amoum): $282,260.00 inchded in Public Safety Bond Issue. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Motion to approve professional services contract with Arai/Jackson for design of the Police/Court Facility. AGENDA STATUS: Consent New Business Old Business Ordinnn~e COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing Information Professional Services Agreement A. Project Owner: City of Bremerton, 239 Fourth Street, Bremerton, WA 98337, phone - (360) 473-5234, fax - (360) 473-5850. B. Architect: Arai/Jackson Architects & Planners 1601 East John St. Seattle, Washington 98112-5221 C. Time for Performance: Per Article II - Schedule of Performance D Compensation for Services: $282,260.00 E. Architects Authorized Basic Representative: Bruce Ellison, AIA F. City's Representatives: Kathleen McCluskey, Project Administrator Gary Sexton, Director of Economic Development The p~ies listed as authorized representatives have authority, make decisions and on behalf of the respective party. THIS AGREEMENT IS MADE SUBJECT TO THE TERMS AND CONDITIONS SET FORTH ON THE FOLLOWING PAGES HEREOF. THE ARCHITECT SPECIFICALLYAGREES THAT THE INDEMNIFICATION AND SAVE HARMLESS PROVISIONS OF SUCH AGREEMENT, TOGETHER WITH THE ARCHITECT' S WAIVER OR IMMUNITY UNDER WASHINGTON RCW TITLE 51, WERE SPECIFICALLY REVIEWED AND MUTUALLY NEGOTIATED, INCLUDING BUT NOT LIMITED TO PARAGRAPH 9. Arai/Jackson Architects & Planners City of Bremerton Architecture & Planning, LLP By: By: Steven Arai Cary Bozeman Title: Parmer Title: Mayor Date: Date: Arai/Jaekaon Pag~ 1 of 15 5/7/2003 I. Consultants: Tbe Architect shall, in a timely manner, designate and appoint sub-consultants after conferring with the City's Project Administrator. The Architect shall not appoint any sub-consultants to which the City has a reasonable objection. The Architect shall incorporate the provisions of this agreement, the scope of work, and the requirements of the project into the contracts with sub-consultants. The Architect shall not change consultants on this project without the express written approval of the owner project representative, which approval shall not unreasonably be withheld. II. Schedule of Performance Schedule of performance, Basic Services, Police and Courts Building: Start date: Completed by: Programming May 21 2003 June 21, 2003 Base Drawings May 21, 2003 June 21, 2003 Schematic Design June 27, 2003 July 28, 2003 Design Development August 4, 2003 September 29, 2003 Construction Docs October 6, 2003 December 29, 2003 Bidding January 5, 2004 January 28, 2004 Construction February 23, 2004 November 29, 2004 Construction Completion November 29, 2004 December 27, 2004 III. Scope The Architect will perform architectural and engineering base services for Schematic Design, Design Development, Construction Documents, Bidding and site visits for the construction phase. These services include structural, mechanical, electrical engineering and landscape design services as well as program update and base drawings documentation. The Police/Court Building project includes the remodel of the US Bank Building at the corner of 6t~ and Pacific Avenue. The site is 52, 090 square feet and the building consists of 20,525 square feet on three floors. Anew addition to the building of approximately 7,000 square feet will also be required. The Architect shall review information provided by consultants directly retained by the City and shall coordinate the work and work product of such consultants with the Architect's work into an overall set of consistent drawings, specifications and other contract documents. The Architect may reasonably rely upon the accuracy and completeness of City furnished services, information, surveys and reports. In such cases, authorship of such documents will be deafly identified. .AxaJ/Jackson Page 2 of 15 5/7/2003 The Architect shall provide to the Project Administrator four (4) copies of project documents upon completion of each of the Schematic Design, Design Development and Construction Document phases. Project documents shall be in a form and style suitable for presentation, review and reproduction. The Project Administrator shall submit the Architect's documents for obtaining a building permit and other permits or approvals required for the project. Upon application for such permits, the Architect shall reply to all inquiries from governing agencies forwarded by the Project Administrator, shall make any necessary or appropriate changes to the Contract Documents approved by the City and assist the City in expediting the issuance of all such permits or approvals. The Architect shall meet with Kathleen McCluskey, Project Administrator, or in her absence Gary Sexton Economic Development Director; Rob Forbes, Police Chief and Judge James Docter as reasonably requested to ensure that the developing design is meeting the City's requirements and shall conduct presentations of the Project to the City Council or other g~oups as requested by the Project Administrator, limited to one such presentation at the completion of each phase of service. A detailed list of the documents to be prepared for each scope of work is attached hereto as Attachment A. Through the design process, the Architect shall assist Project Administrator with analyzing the project scope, design alternatives, schedule and budget options to keep the project within the Maximum Allowable Construction Cost (MACC). If the construction cost estimate exceeds the MACC, the Architect shall analyze design alternatives and submit cost saving options for the City's consideration. City shall furnish required information, approvals and services as expeditiously as necessary for the orderly progress of the work. Architect shall promptly notify the Project Administrator in writing in the event orderly progress of the work is disrupted by failure of the City to provide such information, approvals or services, and the project schedule shall be adjusted as mutually agreed. The City shall separately furnish the following services: Land survey of the site, prepared by a registered land sun~eyor. · Legal, accounting, and insurance counseling services reasonably required. · Geotechnical engineering, which may include test borings, test pits, soil bearing values, and air and water pollution tests. · Civil engineering. · Specialty consultant services, such as communications, acoustic, indoor air quality, security, audio visual, or similar. · Testing services during construction that are reasonably required. Arai~Jackson Pag~ 3 of 5/7/2003 The City shall arrange and pay for the required advertisements for bid and other legal notices. A. Schematic Design Phase 1. Based upon the City's approved program created in consultation with the Architect, the Architect shall prepare the general and detailed requirements for the Project, for the Project Administrator's approval. The Schematic Design Phase shall consist of two parts: a) Conceptual Design Alternatives and b) Schematic Design Documents. Upon approval of the Conceptual Design by the Project Administrator, the Architect shall prepare the Schematic Design Documents. 2. The Architect shall submit to Project Administrator a Construction Cost Estimate projected to the expected time of bid, itemized by major categories, to give reasonable assurance that construction costs will not exceed the MACC. The format of the estimate shall be based on format approved by the Project Administrator. The Construction Cost estimate shall establish a preliminary schedule setting forth the expected period of time required for completion of construction. 3. The Architect shall provide a timely written response, in accordance with the schedule, to Project Administrator review comments, and shall secure the City's written approval of the Schematic Documents. B. Design Development Phase 1. Upon written authorization to proceed from City, the Architect shall prepare, based upon the approved Schematic Design documents, Design Development documents required to fix, describe and illustrate the full size, character and scope of the Project. 2. The Architect shall submit to Project Administrator an updated and itemized Construction Cost Estimate including an updated Project schedule, based on the completed Design Development documents, in the same format as the Estimate prepared for the Schematic Design Phase. The updated Construction Cost Estimate shall be in sufficient detail to give reasonable assurance that construction costs will not exceed the MACC. 3. The Architect shall review and respond to the Project Administrator's review comments and shall secure Project Administrator's written approval of the Design Development documents. Arai/Jackaon Page 4 of 15 5/7/2003 ~t97 C. Construction Documents Phase 1. Upon written authorization to proceed from Project Adminislrator, the Architect shall prepare, based upon the approved Design Development documents, Construction Documents consisting of Drawings, Specifications and other documents setting forth in detail the scope of the Project, Such documents shall describe materials, standards of workmanship, finishes, equipment and the conditions affecting the work required to be performed in all divisions of the construction work. 2. In preparing the Construction Documents, the Architect shall, in consultation with the Project Administrator, prepare the necessary bidding information, bidding forms, which shall include the City's General Conditions of the Contract, Supplemental Conditions, instructions to bidders and prevailing wage rates and ensure that the subsequent divisions of the Construction Documents are consistent therewith. 3. The Architect shall prepare a detailed Construction Cost Estimate, including an updated Project schedule, based on the completed Construction Documents. The final detailed Construction Cost Estimate shall include an itemization of alternates proposed and the estimated construction cost to be added or deducted from each alternate selected. a. The Architect shall propose and prepare bid alternates to provide reasonable assurance that the City will be able to award a construction contract that does not exceed the MACC 4. The Architect shall submit to Project Administrator four (4) sets of the completed construction drawings and specifications. 5. The Architect shall secure the City's written approval of the drawings and specifications, the final cost estimate, and the alternates. D. Bidding Phase 1. The Architect shall assist the Project Administrator in issuing the Bid Documents to bidders and plan centers. The Architect shall attend and participate in the prebid conference and generally assist Project Administrator in managing the bid process. 2. In the event the lowest responsive bid submitted by a responsible bidder satisfactory to the Project Administrator exceeds the MACC, then the Architect will, at it's sole cost and expense, revise the drawings and specifications as may be required by Project Adminislrator to reduce or modify the quality or quantity, or both, of the work so that the total construction cost of the Project will not exceed the MACC Pa~e 5 of 15 (~8 E Construction Phase 1. The Architect shall participate with Proj~t Administrator in the preconstruction conference with contractor. 2. During the progress of construction, the Architect shall perform services including: · Visit the site a minimum of twice weekly during construction. Architect shall be familiar with the progress and quality of the work completed and able to determine if the work is being performed in a manner that will be in general conformance with the contract documents when completed. · Consult with the Project Administrator during the Construction Phase. Instructions to the contractor shall be communicated by the Architect. The Architect shall have authority to act on behalf of the Project Administrator only to the extent provided in the Contract Documents unless otherwise modified in writing by the Project Administrator. * Interpretations of the requirements of the Contract Documents shall be made by the Project Administrator with consultation and written recommendation from the Architect. · Provide to Project Administrator copies of all written communications that the Architect provides to Contractor, at the same time such communication is provided to Contractor. · Verify general conformance with the contract documents, review, approve or otherwise take appropriate action upon Contractor's submittals, including field questions, shop drawings and submittals of materials, equipment, tests and inspections. The Architect shall take prompt action so as to cause no delay in the work. · Prepare necessary documents for changes in the work including revision drawings, cost estimates and reasons for change, and secure, analyze in detail and recommend disposition of proposals from Contractor. If requested, the Architect shall attend Project Administrator meetings convened for purpose of reviewing proposed changes in the work. · Determine and certify the amount owing to Contractor, based on the Architect's observations and evaluation of Contractor's Application for Payment. The Architect's ceff~fication for payment shall constitute a representation that the work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quantity and quality of the work is in general conformance with the Contract Documents and that the Contractor is entitled to payment in the amount requested. · Review Contractor's progress schedules at least once per month for conformance with the Construction Documents, and promptly notify the Project Administrator and Contractor of deviations and noncompliance. · Attend on-site Project progress meetings once per week. The Architect shall require its sub consultants attend progress meetings as needed and/or requested by the Project Administrator. The Architect shall keep project meeting minutes, and transmit copies to the Project Administrator and Contractor as soon as possible but in no event later than one day prior to the next weekly meeting. · The Architect shall select finish materials and colors and prepare color schedules for items included in the construction contract for the Project Administrator's approval. 3. The Architect shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, and programs in connection with the work, and shall not be responsible for Contractor's failure to carry out the work in accordance with the Contract Documents. 4. The Architect shall at all times endeavor to discover and guard owner against defects and deficiencies in the work of Contractor, but it is understood that the Architect does not guarantee the performance of the Contractor. The Architect shall promptly advise the Project Administrator of work which does not conform to the Contract Documents. 5. The Architect shall have authority to reject work which docs not conform to the Contract Documents. The Architect shall recommend to the Project Administrator that the Contractor be directed to stop work when such stoppage may, in the Architect's reasonable opinion, be necessary to ensure the proper execution of the work. F. Construction Completion Phase 1. The Architect shall conduct pre-final inspection and prepare check lists of corrective items, make final inspections by all disciplines, including at least one re-inspection, recommend the date or dates of final completion and recommend acceptance of the Project to Project Administrator. 2. The Architect shall obtain, review, approve and deliver to the Project Administrator, written guarantees, manuals and instructions from Contractor as required by the Construction Documents upon completion of construction and prior to recommending acceptance of the Project to the Project Administrator. Al'al/Jackson Page 7 o f 15 5/7/2003 '-~0 3. The Architect shall modify the original Construction Drawings to conform to the project record drawings provided by Contractor which incorporates all changes in the work, including utilities, made during construction and addenda during bidding. The modified original Construction Drawings and related electronic media shall be completed and submitted to the Project Administrator within two months of owner's acceptance of the Project or as otherwise mutually agreed. 4. Upon the Project Administrator's request during the warranty period set forth in the Construction Contract, the Architect shall assist Project Administrator in identifying defects in the Project, determine corrective measures, provide inspection of the Project and assist the Project Administrator in implementing corrective measures. G Additional Services and Reimbursable Expenses 1. The City shall pay for the following Additional Services performed, furnished, or incurred by the Architect. However, the City has no obligation to pay Architect for Additional Services performed by Architect prior to receipt of the Project Administrator's authorization for such service. The City reserves the right to employ other means to accomplish said services. a. Revising drawings or specifications previously approved by the City when such revisions are due to changes in project scope, program changes, changes required by the enactment or revisions to codes, laws, or regulations subsequent to the preparation of such documents, or changes directed by the City that are not normally made as a part of the Schematic or Design Development phases b. Providing consulting services for City-supplied equipment, new or used, to be incorporated into the Construction Contract. c. Providing consulting services in connection with selecting and/or procuring furniture, fixtures, and equipment (FF&E) outside of the Construction Contract. d. Providing consultation or contract administration for the replacement of any work damaged by fire, accidental or natural causes during construction, provided that such damage was not caused by the fault or negligence of the Architect; providing professional services or arranging for the work to proceed should the contractor default in the performance of the construction contract or become delinquent or insolvent. ,M'ai/Jackson Page 8 of 15 5/7~2003 71 e. Providing brochures, detailed architectural models, or additional graphic presentations beyond the TWO graphic presentations agreed tO. f. Providing services during the construction phase in connection with unforeseen conditions or changes requested by the Project Administrator. g. Providing services during construction in connection with processing more than 75 contractor-generated Requests for Information (RFI's), excluding any RFI's reasonably contributed to an error or omission of the Architect. h. In the event the construction period up to substantial completion exceeds the time stipulated in the construction contract including change order extensions by more than 10%, the Architect shall continue administration of the construction contract and be entitled to Additional Services compensation for the construction time extension occurring through no fault or neglect of the Architect. i. Providing services after issuance to the City of the Contractor's final Certificate for Payment. 2. The City shall pay for the following reimbursable expenses incurred by the Architect and/or their sub-consultants. The City will pay the Architect an additional 7.5% of authorized reimbursable expenses as a handling fee. a. Providing additional copies of drawings, specifications, studies, reports, Contract Documents, correspondence, and/or papers received or issued by the Architect as requested by the Project Administrator. b. Providing printing and distribution of documents to the City at the completion of each phase of service, including the construction documents for bidding. c. Out-of-pocket reprographic expenses when substantiated by third- party invoices. No reimbursement shall be made for postage, handling telephone expenses, faxes, or copies of documents used by the Architect to perform normal services and not provided to the City. d. All round-trip ferry fares. 3. Fees for authorized Additional Services shall be mutually agreed to by the City and the Architect prior to performing such services. ArafJackson Page9ofl5 5/7/2003 H Basis of Compensation 1. Maximum Allowable Construction Cost (MACC) Defined: The MACC for this project is $3,000,000 and is the total sum allocated by the City for construction of the project, not including Washington State Sales Tax, Architect compensation, or other items in the City's project budget such as contingencies, administrative costs, furniture or equipment purchased outside the construction contract. 2. It is understood that the Architect's fixed fee has been established, in part, by a percentage of the City's MACC (Basic services fee percentage of 7.7% times the MACC plus the Remodel Design premium of 1.8% times $2,200,000, the estimated cost of renovation within the MACC, and additional services to accomplish limited programming services and base drawing documentation). If at any time the City elects to increase the MACC by more than 10%, the Architects fee shall be adjusted proportionately to the adjustment in the MACC. I Standard Terms and Conditions 1. Time and Delay. Time is of the essence in this Agreement. The Architect agrees to punctually and diligently perform all parts of it's Services as scheduled in Attachment A, which shall be subject to change by the City as may be deemed necessary to the overall progress of the Project. 2. Monthly Invoices: Final Payment. a. Payments shall be made no more often than once each calendar month within thirty (30) days after the City's receipt of a monthly invoice for fees and costs incurred during the preceding month; provided that: (i) all services covered by the invoice have been fully and timely performed; (ii) the Architect has furnished the City with copies of supporting documentation for all costs covered by the invoice; and (iii) the Architect is not in default under this Agreement. b. Each payment made by the City to the Architect shall be deemed made to the Architect in trust for the Architect's sub-contractors and consultants to the extent such parties have not been paid for the services, supplies, equipment or materials provided by such parties. c. Should there be any claim, obligation or lien asserted before or after final payment is made that arises from the negligent performance of the Architect's work, the Architect shall reimburse the City for any costs and expenses, including attorney fees, costs and expenses, incurred by the City in satisfying, discharging or defending against any such claim, obligation or lien, including any action brought or judgment recovered. City shall have the fight to withhold from any payment, or otherwise be reimbursed for, an amount sufficient to protect the City from any such claims. ).iai/Jackson Page I0 of I5 5/7/2003 7,~ 3. Compliance with Laws; Governmental Agency Communications. The Architect shall comply with all Federal, State and Local laws, rules, regulations and ordinances applicable to the services and the Architect's performance thereof, which are in effect at the time the services are provided and the requirements for environmental documents prepared under the State Environmental Policy Act (SEPA). 4. Performance Standard. The Architect shall perform the services in a professional, efficient and economical manner consistent with the City's needs as set forth in the scope of work attached hereto, and consistent with the level of care, skill, practice and judgment exercised by other professionals performing services of a similar nature under similar circumstances. The Architect represents and warrants to the City that all persons who will be performing the services possess the requisite skill, training and experience and hold all required licenses and permits to render the services contemplated by this Agreement. 5. Safety. a. The Architect shall comply with all applicable Federal, State and/or Local safety related laws and regulations, and shall comply with any such laws and regulations, including but not limited to any OSHA, WISHAJOregon Department of Labor Health and Safety Rules/Regulations. The Architect shall fully comply with the Hazard Communication Standard for the Construction Industry, and any Federal, State or Local Right to Know Legislation and shall transmit information to all parties concerning chemical hazards requirements. 6. Amendments/Changes. The City may, without invalidating this Agreement, fi.om time to time request changes in the scope of the services. If such changes involve additional time and expense by the Architect, the Architect shall, within five (5) days of receiving notice of the requested change, submit its estimate to the City of the costs and additional time, if any, necessary to perform such changes. The Architect shall commence any such change order work only upon the written receipt by the Architect of the approval by the City to do so. 7. No Assignments or Delegation of Services. a. This Agreement may not be assigned by operation of law or otherwise, without the prior written consent of the City, which may be withheld at its sole discretion. b. The Architect shall assign the persons designated in Section E on the first page of this Agreement as its key personnel to perform the services on behalf of the Architect. Such key personnel shall be replaced only with the prior consent of the Project Administrator, ,~rai/Jackson Page 11 of 15 5/7'2003 7~ which may be withheld in its sole discretion. None of the services may be delegated or sub-contracted to an independent contractor without the prior written consent of the City, which may be withheld at its sole discretion. The Architect shall remain fully responsible for the manner and quality of all services performed, including the performance of all consultants and sub-consultants retained by the Architect. 8. Indemnity. To the fullest extent permitted by law, and to the extent the Architect is negligent, the Architect shall indemnify, defend and hold harmless, the City, its officers, agents, employees and representatives from and against any and all claims, damages, losses and expenses, including, but not limited to, reasonable attorney fees, which arise out of or result from any negligent act or omission of the Architect, any consultants engaged by the Architect and for anyone directly or indirectly employed by them. If the claim results from the concurrent negligence of the City and the Architect, the Architect's indemnification obligation shall be limited to the extent of it's negligence; and (b) the Architect expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, RCW Title 51, to the extent necessary to provide the City with such full indemnity. The provisions of this Section shall survive termination of this Agreement for any reason. 9. Insurance. Prior to the commencement of the Services, the Architect shall, at its own expense, obtain the following insurance coverage, which coverage shall remain in force during the term of this Agreement: a. Commercial General Liability insurance, including blanket contractual liability coverage, with limits of at least: $1,000,000 General Aggregate (Other Than Products-Completed Operations) $1,000,000 Products- Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Per Occurrence Limit $ 100,000 FireDamage Limit (Any One Fire) b. Professional Liability insurance, including errors and omissions, with limits of liability equal to at least $1,000,000 each occurrence; c. Automobile Liability insurance with limits of liability of not less that $1,000,000 per occurrence combined single limit for bodily injury property damage; Arai/Jackaon Pa~ 12 of 15 5/7,2003 d. Employer's Liability or Stop Gap Liability insurance with limits of not less than $1,000,000 each accident, $1,000,000 each employee-disease and $1,000,000 policy limit-disease; and e. Insurance in accordance with all applicable laws relating to workers' compensation with respect to all of the Architect's employees, owners and officers, regardless of whether such coverage or insurance is mandatory or merely elective under the law. f. Each policy of insurance shall be in a form satisfactory to the City with an insurer having an A.M. Best rating orB+ VI or better, and provide thirty (30) days' advance notice to the City of non-renewal or material change. Such policies shall not have deductibles that exceed $25,000 per occurrence. Prior to the commencement of the services, the Architect shall provide the City with written evidence of the required coverage in the form of a certificate of insurance with additional insured endorsements naming the City of Bremerton as additional insured attached or, upon the City's request, a copy of the policy. The insurance certificate requirements for the coverage required for workers' compensation will be satisfied by a letter from the appropriate state agency confirming participation in accordance with statutory requirements. 10. Architect's Default. If the Architect fails to prosecute the services promptly or properly or breaches or fails to perform any obligation under this Agreement, the City may give the Architect seven (7) days' written notice of such matter. If such matter has not been corrected within such seven-day period, the City may, without prejudice to any other right or remedy it may have, terminate this Agreement and correct any defective services and charge the Architect for all costs, expenses, and impacts to the Project arising from such defects, and deduct the same from sums otherwise due the Architect. 11. Documents and Data. a. The Architect agrees that all documents, drawings, reports, electxonic files, AutoCAD 2000 or compatible or similar electronic information, together with other information prepared or obtained by the Architect in connection with the services including work in progress (cumulatively "materials"), are the sole property of the City for use exclusively by the City or its designated agents and employees and shall be submitted to the City within three (3) working days after a written request from the City and, in any event, upon completion of the services under this Agreement, prior to and as a condition of the final payment to the Architect. City shall indemnify Architect from any claims or damages arising from the City's subsequent use of the electronic version of said materials. Arai/Jackson Page 13 of 15 7(t9 5,'7/2003 12. Confidentiality_. The Architect agrees that all documents, drawings, reports and other data and information prepared or obtained by the Architect in connection with the services are confidential and shall not be disclosed or made available to any individual or entity other than the City, its designated agents or employees and any person who must know the information in order for the Architect to complete the services except to the extent required to be disclosed pursuant to the Public Records Act, chapter 42.17 RCW. 13. Royalties, Patents, Copyrights and Trade Secrets. a. The Architect shall not infringe on United States patent, copyright, trade secret or other proprietary right for any material, product, or part of any material or product (including, for example, software, hardware, service, design or equipment0 used or furnished in connection with this Agreement, and shall defend and indemnify the City from any suits or claims for infringement of any such rights and shall hold the City harmless from any loss on account thereo£ 14. Notices. All notices provided for herein may be transmitted by facsimile, delivered or mailed. If mailed, such notice shall be considered delivered three (3) days after being deposited in such mail. The addresses to be used in connection with such correspondence and notices are as set forth on the first page of this Agreement, or such other address as a party shall from time to time direct. Notices or correspondence to the City shall be sent to such address marked for the attention of the City's Representative designated in Section F on the first page of this Agreement, or such other representative as the City may hereafter designate from time to time. 15. Susvension of Services; Termination. The City may, upon written notice, direct the Architect to suspend all or a portion of the Services. In the event of such suspension, the Architect shall be entitled to payment of: (a) all fees properly earned up to the effective date of suspension; and (b) all reimbursable expenses actually and properly incurred up to such date, but excluding any and all unearned overhead and profit. If the services are suspended for a continuous period of more than sixty (60) days, and such suspension is not due to the fault of the Architect, then the Architect shall also be entitled to payment of unavoidable out-of-pocket expenses, excluding any and all unearned overhead and profit, actually suffered as a result of such suspension. The City also reserves the fight to terminate this Agreement for the convenience of the City at any time upon three (3) days written notice to the Architect. If the City so terminates this Agreement, the Architect shall be entitled to payment of: (a) all fees properly earned up to the effective date of termination, and (b) all direct reimbursable expenses actually and properly incurred up to such date, but excluding any and all overhead and profit accruing after the date of termination. Arai/Jackson Page 14of15 77 5,'7/2003 16. Relationship of Parties. The Architect is an independent contractor and not an agent or employee of the City. Nothing contained in this Agreement shall be deemed to create a relationship of employer- employee, master-servant, partnership, joint venture or any other relationship between the City and the Architect other than that of independent contractor. Neither party shall have any authority to supervise the employees, representatives or sub-contractors of the other party, nor to make any statements, representations or commitments of any kind or take any actions which will be binding upon the other party except as specifically provided in this agreement. 17. Entire A~eement. This Agreement constitutes the final and complete agreement between the parties hereto with respect to the subject matter of this Agreement, superceding all prior agreements or discussions with respect thereto. No additions, deletions or modifications hereof shall become part of this Agreement unless each party hereto specifically recognizes and consents to their inclusion by a signed instrument. 18. Disputes a. This Agreement shall be governed by the laws of the State of Washington. b. The Architect consents to consolidation and/or joinder, in a single proceeding, of all claims and disputes by or between the City, sub- contractors, the Architect, the City's other consultants, or any other person or entity involved with the Project, with a claim or dispute relating in any manner to the Architect's services provided by it under this Agreement. c. In any dispute involving the City and the Architect or otherwise arising under or relating to this Agreement, each party shall be responsible for their own attorney's fees and costs, together with any and all expert fees. Arai/Jackson Page 15 of 15 5/7~2003 7~ Attachment A List of Deliverables SCHEMATIC DESIGN SD-1 4 copies Updated Space List SD-2 4 copies Design Report Preliminary Design Concept Systems Narrative Code Analysis Architectural Structural Civil (by owner) Landscape M~hanical Electrical (Power and Lighting) Communications (by Owner) Electronic/Audio - Visual (by Owner) Security (by Owner) SD-3 4 sets Design Drawings Architectural Site Plan Architectural Floor Plans Building Section Key Building Elevations SD-4 4 copies Cost Estimate SD-5 4 copies Updated Schedule DESIGN DEVELOPMENT DD-1 4 copies Outline Specification DD-2 4 copies Basis of Design Report Design Concept Systems Narrative Code Analysis Architectural Structural Landscape Mechanical Electrical Product Cut-Sheets Arai/Jackson Attachment A Pag~ 1 of 4 5/7/2003 7~] DD-3 4 sets Design Development Drawings Landscape Planting Plan Key Details Architectural Site Plan Basement Plan Basement Ceiling Plan First Floor Plan First Floor Ceiling Plan Second Floor Plan Second Floor Ceiling Plan Roof Plan Building Sections Wall Sections Enlarged Floor Plans Door Schedule Structural Structural Notes Foundation Plan Basement Plan First Floor Plan Second Floor Plan Roof Framing Typical Details Mechanical Symbols & Abbreviations Basement Plumbing and Piping Plan Basement HVAC Plan First Floor Plumbing and Piping Plan First Floor HVAC Plan Second Floor Plumbing and Piping Plan Second Floor HVAC Plan Electxical Symbols & Abbreviations Eleclxical Site Plan Basement Lighting and Power Plan First Floor Lighting and Power Plan Second Floor Lighting and Power Plan Power One-Line Diagrams DD-4 4 copies Cost Estimate DD-5 4 copies Updated Schedule Arai/Jackson Atlachment A Page 2 of 4 5/7/2003 ~ 0 CONTRACT DOCUMENTS CD-1 4 sets Final Specifications CD-2 4 sets Final Drawings Landscape Layout Plan Grading Plan Planting Plan Irrigation Plan Enlarged Area Plan Details Architectural Cover Sheet Code Analysis Site Plan Site Details Basement Plan Basement Ceiling Plan First Floor Plan First Floor Ceiling Plan Second Floor Plan Second Floor Ceiling Plan Roof Plan Roof Detail s Building Sections Building Elevations Enlarged Floor Plans Suspect Processing Enlarged Floor Plans Courts Enlarged Floor Plans Toilet Rooms Enlarged Plans & Sections Stairs & Elevator Wall Sections, Wall Types Room Finish Schedule Door Schedule - Door Types Interior Elevations Details Signage Plan Structural Structural Notes Foundation and Basement Plan First Floor Framing Plan Second Floor Framing Plan Roof Framing Plan Partial Framing Plans Lateral Frame Elevations Foundation Details Framing Details 5,'7/2003 Mechanical Symbols & Abbreviations Basement Plumbing and Piping Plan Basement HVAC Plan First Floor Plumbing and Piping Plan First Floor HVAC Plan Second Floor Plumbing and Piping Plan Second Floor HVAC Plan Sequence of Operations Enlarged Mechanical Room Plans HVAC Details Plumbing Details Electrical Symbols & Abbreviations Energy Calculations Electrical Site Plan Basement Lighting Plan Basement Power Plan First Floor Lighting Plan First Floor Power Plan Second Floor Lighting Plan Second Floor Power Plan Electrical Roof Plan Partial Plans, Details One-Line Diagram and Elevation Lighting Fixture Schedule Details CD-3 4 sets Final Cost Estimate BIDDING BID-1 Addenda 1 BID-2 Addenda 2 End of Attachment A Arai/Ja¢lcson Attachment A Page 4 of 4 DATE SUBMITTED: May I, 2003 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: HEARING AND Committee Meeting Date: ~z-/~--O :~ ORDINANCE # ~ ~5~(VACATING A COUNCIL MEETING Date: May 14, 2003 PORTION OF ALLEY BETWEEN 5T}~ & Department: PW&U, Engineering 6Tu/PACI~IC & WASHINGTON AVES Presenter: Mike C. Mecham Phone: 478-5270 SUMMARY: The City initiated the vacation ora portion of the alley between 5th and 6th Streets and Pacific and Washington Avenues. This date has been scheduled for a public hearing in accordance with state law and the Bremerton Municipal Code and for first reading on the proposed ordinance vacating the subject alley. The vacated area will be incorporated into the abutting City owned property to provide a site compatible for usage for the Bremerton Government Center. Access to the waterfront will not be impeded with this vacation. This is a Class II fight-of-way and compensation is not required in accordance with BMC 11.20.080. ATTACHMENTS: A. Ordinance#d/{f~tf/ B. SiteMap FISCAL IMPACTS (Include Budgeted Amoant): No Impact. APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: FISCAL/BUDGET: OPE1L~TIONS: ~lG~r~ r~larf[ Iff/ 2003 COUNCIL PRESIDENT: RECOMMENDED MOTION: B. I move to pass Ordinance # "t' ~q'~ on second reading, vacating a portion of the alley located between 5"~ and 6th Streets and Pacific and Washington Avenues. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve ~ Deny [] Postpone [] No Action Resolution Public Hearing ~ Information Study Session AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of streets, vacating a portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton. WHEREAS, the City has initiated the vacation of a portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton; and WHEREAS, the City passed Resolution No. 2890 declaring its intention to vacate a portion of a portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues, which resolution also set a hearing to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on May 14, 2003, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council finds that this vacation is sought to enable development of the government center; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; and WHEREAS, the City Council has directed the preparation of an ordinance vacating the portion of said streets; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONI. The foregoing recitals are incorporated as if fully set forth herein. SECTION2. That portion of the alley between 5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton, as described in Exhibit A, which is attached and incorporated herein by this reference, is hereby vacated to the abutting property owners including any and all easements contained therein. SECTIONS. No easements are reserved in conjunction with this street vacation. 1 Street Vacation - Alley 5th and 6ta and Pacific and Washington SECTION4. No vested rights shall be affected by the provisions of this ordinance. SECTIONS. Severability. If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 6. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003. PASSED by the City Council the day of ,2003. CAROL ARENDS, Council President Approved this day of ,2003. CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ,2003. EFFECTIVE the day of ,2003. ORDINANCE NO. R:\LEGAL\Ordinances~Publi¢ Works & Utilities~5th and 6th Street Vacation.doc 2 Street Vacation - Alley 5~h and 6th and Pacific and Washington EXHIBIT A Vacation of a portion of the alley within Block 5, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County Washington, situate in Government Lot 1, Section 13, Township 24 North, Range '1 East, Willamette Meridian, Kitsap County, Washington, more particularly described as follows: Beginning at a point 8 feet east of the northwest corner of Lot 9, of said Block 5 and on the south margin of the alley, also being the easterly margin of that portion of the alley previously vacated per City of Bremerton Vacation Ordinance No. 3695; thence east along said south margin to a point 1 '1 feet east of the northwest corner of Lot 13, of said Block 5; thence leaving said south margin, north to a point 11 feet east of the southwest corner of Lot 35 of said Block 5, and on the north margin of the alley; thence west along the north margin of the alley to a point 8 east of the southwest corner of Lot 39, of said Block 5, and the easterly margin of said Ordinance No. 3695; thence south along said easterly margin to the true point of beginning. Together with that portion of Lot 39 and Lot 38 dedicated to the City of Bremerton for right of way per Kitsap County Auditor File Number 8204300081. Vacation of Alley for Government Center Page 1 of I DATE SUBMITTED: May 15, 2003 BILL # 03-- AGENDA BILL CITY OF BREMERTON ~8 CITY COUNCIL ........... .......................................................... SUBJECT: ORDINANCE REZONING Committee Meeting Date: 3915 WHEATON WAY FROM SF-3 TO COUNCIL MEETING Date: May 21 and May 28, GB 2003 Department: Community Devel. Presenter: Robert Grumbach Phone: 473-5379 SUMMARY: On May 14, 2003, the City Council accepted the findings of the Hearing Examiner and the Hearing Examiner's recommendation for approval of the SWC Partnership Rezone from Single Family 3 (SF-3) to General Business (GB). The proposed ordinance accomplishes the rezone. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FISCAL/BUDGET: Council approved rezone OPERATIONS: 5/14/03 COUNCIL PRESIDENT: [/_~.,'~:~ RECOMMENDEB MOTION: I move to approve the proposed ordinance on first reading. I move to pass Ordinance No. on second reading. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing ~] Information Study Session ORDINANCE NO. AN ORDINANCE of thc City Council of the City of Bremerton, Washington, relating to Land Use and Zoning, specifically the rezoning of approximately 1.6 acres of property located at 3915 Wheaton Way from Single Family 3 (SF-3) to Oeneral Business (OB). (PL03-0001). WHEREAS, an application to rezone approximately 1.6 acres from the current zoning of Single Family 3 (SF-3) to General Business (GB) was filed on January 21, 2003 SWC Partnership; and WHEREAS, the City's SEPA responsible official issued a Determination of Nonsignificance (DNS) for the proposed rezone on March 3, 2003; and WHEREAS, a public hearing on the SWC Partnership Rezone was held before the Administrative Hearing Examiner on March 18, 2003; and WHEREAS, on March 28, 2003, the Administrative Hearing Examiner issued findings that the SWC Partnership Rezone is consistent with the City Comprehensive Plan, that the proposed rezone and subsequent development activity would be compatible with the development in the vicinity, that the proposed rezone will not impact the level of service designation for the transportation system in the vicinity of the property, that the rezone will not result in a decrease of current service levels for other established uses in the area or the City, that the proposed rezone differs from the year 2000 application in that it involves the first 200 feet of depth from Wheaton Way and not the rear of the property, and that the proposed rezone is in the public interest; and WHEREAS, the findings are consistent with the standards for rezone set forth in Section 21.02.920 of the Bremerton City Code; and WHEREAS, the Bremerton Hearing Examiner recommended approval of the SWC Partnership Rezone on March 28, 2003, as submitted by the applicant; and WHEREAS, on May 14, 2003, the City Council moved to accept the findings of the Hearing Examiner and the Hearing Examiner's recommendation for approval of the SWC Partnership Rezone from Single Family 3 (SF-3) to General Business (GB); NOW, THEREFORE, THE CITY COUNCiL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: 1 Rezone - SWC Partnership SECTION 1. The property located at 3915 Wheaton Way, Bremerton, Washington consisting of approximately 1.6 acres depicted in Exhibit "A" and legally described as set forth in Exhibit "B", both attached hereto and incorporated herein by this reference, is rezoned from Single Family 3 (SF-3) to General Business (GB) and the City of Bremerton zoning map is hereby amended to reflect the same. SECTION2. Pursuant to the Administrative Hearing Examiner's recommendation, any future development proposed for the site shall be reviewed under the following conditions: (a) If regulated wetlands, streams and/or drainage courses are identified that might be potentially significantly adversely impacted, mitigation may be required in order to comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22); (b) if any artifacts are uncovered, the Bremerton Department of Community Development or the State Historic Preservation Office in Olympia must be notified; (c) Any new development must have a traffic analysis indicating that the Level of Service shall be at or better than a service standard of LOS F (v/c = 1.08); (d) In considering design alternatives, preferential treatment shall be given to designs that favor mass transit, car-pooling, bicycling, or walking over the single-occupant vehicle; and (e) Development shall provide interconnecting pedestrian walkways, to the greatest extent possible, to encourage walking. SECTION3. Severability. If any one or more sections, sub-sections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ., 2003 CARY BOZEMAN, Mayor 2 Rezone - SWC Partnership ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDiNANCE NO. R:\LEG AL\Ordinances\Corn munity Development\Rezone-S WC Partnership.doc 3 Rezone - S WC Partnership LEGAL DESCRIPTION Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5 of Plats, Page 18, Records of Kitsap County, and the West 200 feet o£the East 230 feet of`the North Half of the South Half of'the Southeast Quarter of the Northeast Quarter of' Section 2, Township 24 North, Range 1 East, W.M., in Kitsap County, Washington; except that portion lying north of' a fence line per Superior Court Cause No. 31479 Exhibit B Rezone - SWC Partnership [)ATE SUBMITTED: May 2, 2003 BILL # C) 3 -- Oq AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: May 13, 2003 ORDINANCE RELATING TO COUNCIL MEETING Date: May 21 and 28, 2003 TRANSPORTATION DEVELOPMENT Department: PW & U AND IMPROVEMENT Presenter: Michael C. Mecham Phone: 478-5288 SUMMARY: City staff have prepared a new Transportation Development Code Ordinance that defines the repsonsibility of development with regard to transportation improvements. The new ordinance repeals existing BMC Chapter 15.01.100 entitled "System Devlopment and Construction Standards," and replaces it with a new Chapter 15.01.100, amends Chapter 11.08 and Chapter 11.10 relating to sidewalk construction and maintenance, adds a new Chapter 11.12 entitled "Transportation Development Code" and amends Sectionl3.10.080. Attached is a summary of the major features of the Transportation Development Code ordinance. ATTACHMENTS: 1. Proposed ordinance 2. Summary of the major features of the Transportation Development Code Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: h~-~ -~ .. ' ~/_..'5 -~)._~- OPERATIONS: .~ COUNCILPRES1DENT: ~/,~,c.-~ ~-~/./ j' RECOMMENDED MOTION: A. I move to approve the proposed ordinance relating to transportation development and improvement on first reading. B. I move to pass Ordinance No. ~ relating to transportation development and improvement on second reading. AGENDA STATUS: Consent [] New Business [] Old Business [] Ordinance [] COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution [~- Public Heann~ [] ~ & Information [] Study Session [] ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Kitsap County, Washington, relating to transportation and repealing Chapter 15.01.100 and replacing it with a new Chapter 15.01.100, amending certain sections of Chapter 11.08 and Chapter 11.10 relating to sidewalk construction and maintenance, adding a new Chapter 11.12 entitled Transportation Development Code, and amending Section 13.10.080. WHEREAS, the State Legislature passed regulatory reform legislation during the 1995 legislative session including Chapter 347, Laws of 1995; and WHEREAS, the City Council desires to amend the City codes relating to sidewalk construction and maintenance to improve the clarity of regulatory standards, to eliminate unnecessary regulation, and to streamline the development permitting process; and WHEREAS, the City Council also desires to adopt new construction standards as set forth in the proposed Transportation Development Code; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, ORDAINS AS FOLLOWS: SECTION1. Section 15.01.100 of the Bremerton Municipal Code entitled "System Development and Construction Standards" is hereby repealed in its entirety and there is hereby created a new Section 15.01.100 to read as follows: 15.01.100 SYSTEM DEVELOPMENT AND CONSTRUCTION STANDARDS. The System Development and Construction Standards are those as defined and adopted in BMC 11.12.090, also referred to as the "City Standards". SECTION2. Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks - Construction, Improvements and Maintenance" is hereby amended to read as follows: Chapter 11.08 SIDEWALKS - CONSTRUCTION, RECONSTRUCTION AND 11.08.010 PURPOSE ................... ~, ~T~ This chapter applies to situations where sidewalks need to be constructed, reconstructed, or repaired along a property frontage, when said property is not undergoing development or redevelopment as those terms are defined in Chapter 11.12. Transportation Development 11.08.020 CONSTRUCTION, ~CONST~UCTION~ ~PAIR OF S~EWALKS, gTC., AUT~O~ZED - PAINT OF COST. ~enevcr any cons~ction, rccons~cfion or rcp~r of ~y sidcw~ks, ~tters or curbs along or driveways across sidewaY, w~ch work is hem~tcr rcfe~d to ~ the "improvement", is to be done, ~e costs of the s~e may be paid for by ~y of the following ~ee methods: (l) ~rom ~y av~lablc funds, (2) By requiring the abutting owner to cons~ct ~e improvement at ~s~er OW~ COSt O~ (3) By assessing ~1 or ~y posen of ~e costs theme/ag~nst the abusing pro~y owner. 1L08.030 R~OLU~ON - ~C~SITY - CeNTErS. ~rsu~t to Chapter 35.69. RCW~ whenever the City Council finds by rcsoludon improvement of a ~on of a s~ct by cons~cdon or rccons~ction of a sidew~k is n~css~y for the public s~ctV ~d conve~ence, the duty, burden ~d expense of such may be responsibility of thc abu~ng pro~y owner as detc~ined by s~d resolution. ~ - ............................ ; .......t. The resolution sh~l '-'~+~- '~ ...... * state .......................im ......... · -~- ~ ~ ~,, ~ ~;, ~ ......................... ; ......j ~. whcth~, ............ : ....... ~ or whether ~1 or specified po~ion sh~l borne by the abusing propeAy owner; or whether ~c abutting owner is required to cons~ct the improvement at ~s~cr own cost ~d expense. If the abutting owner is required to cons~ct the improvement ~hc resolution sh~l specify ~e time witch which ~e cons~cfion sh~l co~enc~ ~d completed; and ~her that if the improvement or construction is not unde~en ~d completed witch the time specified that the City will peffo~ or complete the improvement ~d assess the cost ag~nst ~e abutting owner. 11.08.040 FIXING TIME AND PLACE FOR HEARING - PUBLICATION - NOTICE OF HEARING - PROOF OF PUBLICATION AND MAILING - POSTPONEMENT OF HEARING DETERMINATION. If all or any portion of the cost is to be assessed against the abutting property owner, or if the abutting property owner is required to construct the improvement, the resolution shall fix a time from and after its passage, and a place, for heating on the resolution. The resolution shall be published for two consecutive weeks before the time of hearing in the official newspaper of the City and a notice o£the date of such hearing shall be given each owner or reputed owner of the abutting property ~y personal delivery or by mailing to the owner or reputed owner of the property as shown on the tax rolls of the county treasurer, at the address shown thereon a notice of the date of heafing:~ _Ssuch mailing to be at least ten days before the date fixed for such heating. If the publication and mailing is made as herein required, proof thereof by affidavit shall be filed with the City Clerk, before the hearing. The heating may be postponed from time to time to a definite date until the hearing is held. At the time of hearing, the Council shall hear persons who appear for or against the improvement, and determine whether it will or will not proceed with the improvement and whether it will make any changes in the original plan, and what the changes shall be. This action may be taken by motion adopted in the usual manner. 11.08.050 SIDEWALK CONSTRUCTION FUND. When all or any portion of the cost is to be assessed against the abutting property owner, the city council may create a "Sidewalk Construction Fund No ..... "to be numbered differently for each improvement; and with warrants drawn on this fund the cost of the respective improvements may be paid. The city may advance as a loan to the sidewalk construction fund from any available funds the amounts necessary to pay any costs of the improvement. When any assessments are made for the improvement payments therefor shall be paid into the particular sidewalk improvement fund; and whenever any funds are available over the amounts necessary to pay outstanding warrants any advances or loans made to the fund shall be repaid. Whenever warrants are drawn on any such fund which are not paid for want of sufficient funds, they shall be so stamped and shall bear interest until called and paid at a rate established by the city council by resolution. 11.08.060 ASSESSMENT ROLL - PREPARATION AND FILING - NOTICE OF HEARING - AFFIRMATION, MODIFICATION, REJECTION, OR RECASTING OF ASSESSMENT ROLL - APPEAL. Where all or any portion of the costs are to be assessed against the abutting property, an assessment roll shall be prepared by the proper City official or by the City Council which shall to the extent necessary be based on benefits and which shall describe the property assessed, the name of the owner, if known, otherwise stating that the owner is unknown and fixing the amount of the assessment. The assessment roll shall be filed with the City Clerk, and when so filed the Council shall by resolution fix a date for hearing thereon and direct the Clerk to give notice of such heating and the time and place thereof. The notice ofhear/ng shall be mailed to the person whose name appears on the County Treasurer's tax roll as the owner or reputed owner of the property, at the address shown thereon, and shall be published before the date fixed for the heating for two consecutive weeks in the official newspaper or regular official publication of the city. The notice shall be mailed and first publication made at least ten days before the hearing date. Proof of mailing and publication shall be made by affidavit and shall be filed with the City 3 ~ ~ Transportation Development Clerk before the date fixed for the heating. Following the hearing the City Council shall by ordinance affirm, modify or reject, or order recasting of the assessment roll. An appeal may be taken to the Superior Court from the ordinance confirming the assessment roll in the same manner as is provided for appeals from the assessment roll pursuant to Chapter 35.44 RCW by 11.08.070 MANNER OF PAYMENT OF ASSESSMENT. The City Council shall by reg,v!utic, n provide whether the full amount of the assessment shall be paid in one payment or whether it may be paid in installments and shall prescribe the time and amount of such payments; and if more than one payment is provided for, the City Council may t~ provide for interest on unpaid installments and fix the rate thereof. 11.08.080 LIEN - FORECLOSURE - PROCEEDINGS AS CONCLUSIVE. The assessment roll as affirmed or modified by thc City Council shall be filed with the City Treasurer for collection, and the amount thereof including interest, if any, shall become a lien against the property described therein from the date of such filing. Whenever any payment on any assessment or installment is delinquent and unpaid for a period of thirty days or mom thc lien may be foreclosed in thc same manner and with thc same effect as is provided by Chapter 35.49 RCW 9~°, · ..... cf ~ al, as amended. Whenever thc deed is issued after the sate therein provided, the regularity, validity, and correctness of the proceedings relating to such improvement and the assessment therefore shall bc final and conclusive and no action shall thereafter be brought by or in behalf of any person to set aside said deed. 11.08.090 CITY ENGINEER TO SUPERVISE. Whenever any sidewalk, curb or driveway on public rights-of-way in the city is to be constructed, the city engineer shall, in addition to establishing the alignment and grade, bc vested with general supervision in order to insure a quality of construction in keeping with general plans and specifications applicable to the locality in which the work is being done. To that end, whenever an abutting property owner proposes to construct or reconstruct a sidewalk, curb or driveway it shall be his/her duty, either in person or through his/her contractor, in the event thc work is to be done by contract, to notify the city engineer of the time the work is to be commenced. 11.08.100 PERMIT REQUIRED - APPLICATION. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit fi.om the city. Such permit shall be issued by the city engineer upon written application describing accurately the location of the work to be done and a description of the work to be done. The applicant shall pay the sum of one dollar at the time of filing his/her application. 11.08.110 DEPOSIT TO ACCOMPANY PERMIT APPLICATION. At the time of filing his/her application for a permit the applicant shall deposit with the engineering department a fee equal to twenty cents per lineal foot of frontage on the street with a minimum fee of twenty dollars, which sum shall be used to help defray the costs of setting grades and alil~mqent. Transportation Development 11.08.120 REJECTION OF PERMIT APPLICATION. Whenever in the opinion of the engineer the construction of a curb and/or gutter will create a hazard to adjoining property or to the city he/she may deny the application for the construction of a curb and/or gutter and shall set forth on the application the reasons for his/her rejection of the application. 11.08.130 LIABILITY INSURANCE REQUIRED. Before any permit is granted to any person, firm or corporation, for the construction or reconstruction of any curb, sidewalk or driveway upon public rights-of-way, such person, firm or corporation shall secure and deliver to the city and file with the city engineer a copy of public liability insurance to be approved by the city attorney in the sum of five thousand dollars for property damage and five thousand dollars for injury to one person and ten thousand dollars for all persons injured in one accident, which policy of public liability insurance shall be the usual form of premises liability insurance. 11.08.140 STAKING. Where the property owner required the staking of lines or grades for walks, curbs, streets or drives where such staking is to provide the property owner with controls for construction of buildings, walks, driveways or other improvements on his/her own property, the property owner shall make application to the city engineer for such staking. The city engineer shall perform the work of staking such lines or grades and shall charge to the property owner the cost to the city for such work on the basis of time, materials and equipment rental at an hourly rate not less than six dollars and fi~y cents. 11.08.150 VIOLATION - PENALTY. (a) Any violation of Section 11.08.100 constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law~ any person who violates any provision of this chapter ~hall be guilty ora misdemeanor pursuant to Section 1.12.020(2) BMC. Each day~ or a portion thereof~ during which a violation occurs shall constitute a separate violation. 11.08.160 RCW ADOPTED. RCW 35.69 is adopted for the regulation of construction and reconstruction of sidewalks, the expense of which is to be borne by the abutting owner and the provision of this section will be in addition to any other method provided for by ordinance of the city. SECTION 5. A new chapter, Chapter 11.12 entitled "Transportation Development Code" is hereby added to the Bremerton Municipal Code to read as follows: Transportation Development 11.12.010 TITLE. This section shall be known as the "Transportation Development Code". 11.12.020 PURPOSE. The purpose of this Chapter is to implement the transportation element of the City Comprehensive Plan, and to provide an orderly process for the adoption, implementation, interpretation and modification of City transportation system development standards 11.12.030 AUTHORITY. The Department of Public Works and Utilities by and through its Director is charged with the administration and enforcement of the provisions of this Chapter. The Director shall have the authority to: (a) Develop and adopt procedures as needed to implement this Code and to carry out the responsibilities of the Department. (b) Request the assistance of other City departments to administer and enforce this Code. (c) Assign the responsibility for interpretation and application of specified procedures to divisions within the Department of Public Works and Utilities. (d) Require or allow a performance or maintenance assurance surety when authorized by a provision of this Chapter (e) Act as final authority for appeals and requests for variance from requirements of this Chapter. (f) Amend, interpret, and allow deviations from the City of Bremerton Design and Construction Standards ("Engineering Standards) when the Director finds that said reasons are in the best interest of the community. The Director is further authorized to establish minimum requirements for the design and construction of transportation facilities, utilities, and other public infrastructure, and requirements for protecting existing facilities during construction. The Engineering Standards shall be consistent with this Code and adopted City policies. Modifications to or deviations from adopted Engineering Standards must be supported, in writing, and demonstrate that the public interest is protected, and the modification is based upon sound engineering and/or public safety principles and adequately addresses all relevant functional, safety, maintenance, and aesthetic concerns. Ifa deviation is requested by an applicant, the Director shall require all necessary information to be provided by the applicant, and the applicant shall pay all City costs, including staff time and consultant fees, associated with reviewing and approving the deviation request. (g) Apply for grants to conduct transportation improvements. (h) Delegate, in writing, the Director's authority to perform any of the tasks required of him/her under this Chapter to other personnel with the Department, as is needed for the effective and efficient administration of the Department and the duties required under this chapter. 11.12.040 TERRITORIAL APPLICATION. This Chapter shall apply to all development within the City. No permit shall be issued for any development in the City unless mitigation conditions, or improvements required by this Chapter are made conditions of the permit. Transportation Development 11.12.050 DEFINITIONS. The following words and phrases, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise: (a) "Activity Centers" means locations such as schools, parks, retail areas and shopping centers, places of employment, or public service agencies that attract people. (b) "Bicycle Facilities" is a general term referring to improvements that accommodate or encourage bicycling, including, but not limited to parking facilities, bike racks, and improvements to bicycle routes. (c) "Bicycle Route" means any route designated for bicycle travel in the Comprehensive Plan, whether exclusive for bicyclists or to be shared with other transportation modes. (d) "Cul-de-sac" means a street closed at one (1) end by widened pavement of sufficient size for vehicles to mm around. (e) "Curb (wheelchair) ramp" means a ramp cut into a roadway curb and sidewalk to allow access for physically challenged pedestrians to and from sidewalks and streets. (f) "Dedication" shall mean the transfer of land or interest in land by the owner of such land to the City for public uses, reserving no other rights than such as are compatible with the full exercise and enjoyment of the uses to which the property has been dedicated. (g) "Developer" or "Applicant" means the property owner and his/her authorized agents or contractors responsible for a project. (h) "Development" shall mean any modification to any existing structure, modifications of the existing natural landscape above and below ground or water, new construction or modification of a site previously modified by human activity. (i) "Director" means the Director of the Department of Public Works and Utilities of the City of Bremerton or his/her designated or authorized representative. (j) "Easement" means a privilege to use the land of another, or to restrict the use of the land of another, for a designated purpose. Easement, as used herein, unless the context clearly designates otherwise, shall be an easement appurtenant, and shall be in a form approved by the City, and recorded with the Kitsap County Auditor as an encumbrance on the subservient estate. (k) "Gross Square Feet" means the total number of square feet within the finished wall surface of the outer building wails of a structure. Including enclosed parking, but excluding vent shafts, outdoor courts and parking. (1) "High Occupancy Vehicle" (HOV) means an automobile, vanpool, bus or other motor vehicle with two or more occupants. (m) "Mixed Use Development" means the development of a contiguous tracts of land, a building or a structure with two or more different uses as identified in the Land Use Code. (n) "Mode Split" means the percentage of overall trips made by different means of transportation. (o) "Peak Period" means the two-hour a.m. or p.m. period during which the greatest volume of traffic uses the road system impacted by the project traffic. (p) "Project" means development or redevelopment for which a City permit is required. (q) "Redevelopment" means either renovation of a structure where the cost or value (whichever is greater) of renovation is greater than or equal to 25-percent of the Kitsap County assessed value of that structure, or modification of the land, where the cost or value (whichever Transportation Development is greater) of the modification is greater than or equal to 25-percent of the Kitsap County assessed value of the land. (r) "Right-of-Way" (Public) means all real property dedicated to public use for street purposes, utilities, walkways, sidewalks, bikeways, parking, or buffer strips, whether improved or unimproved, including the sub-surface rights and easements related thereto. (s) "Single Occupancy Vehicle" (SOV) means a motor vehicle transporting the driver only. (t) "Street Frontage" means any part of private or public property that borders a public right-of-way dedicated for use by motorized vehicles. (u) "Street Tree" means a tree planted for landscaping purposes within the public right-of-way. (v) Street Vegetation" means vegetative plantings, including trees, used for landscaping purposes within the public right-of-way. 11.12.060 TRAFFIC IMPACT ANALYSIS REPORTS. Traffic impact analysis reports are required for proposed development projects when the City Engineer has reason to believe that the impact on the City's existing or planned future transportation facilities will be significant. "Significant", for this purpose, means generating, on any portion of the City's transportation system, in excess of two percent more traffic above the existing base line at either the peak period or for the average day where the base line shall be determined by the City Engineer. The City Engineer may require the traffic study to include any elements determined necessary in order to evaluate the nature and extent of appropriate mitigation measures. The report shall contain quantification of existing traffic, including existing LOS circulation, and parking plus that for the site after the proposed project is constructed. The analysis shall consider traffic impacts during the peak period. If the development generates significant traffic volumes outside the peak period of the adjacent road system, the City Engineer will determine the appropriate time interval of the analysis. The report shall also propose means to mitigate the impacts of the project in accordance with section 11.12.070. The Traffic Impact Analysis shall be prepared by a Washington Registered Professional Engineer who is qualified in traffic engineering. 11.12.070 TRAFFIC IMPACT MITIGATION. (a) The City Engineer shall impose conditions necessary to mitigate all impacts of traffic, circulation and parking resulting from a project. For segments, intersections or other portions of the street system for which a Level of Service (LOS) Standard has been adopted within the current Comprehensive Plan of the city, mitigation measures shall be sufficient, in the estimation of the City Engineer, to assure that such segments, intersections or other portions of the street system continue to meet or exceed the adopted LOS standards after full project occupancy and operation. For segments, intersections or other portions of the street system for where the present LOS is below the standard that has been adopted in the current Comprehensive Plan the mitigation measure shall be sufficient in the estimation of the City Engineer to maintain or exceed the present LOS. Mitigation measures may include, but are not limited to, channelization; intersection modifications; signal installation, modification, or replacement; installation of acceleration/deceleration lanes; turn lanes and medians. (b) Required traffic mitigations related to LOS standard shall not require that an applicant mitigate portions of traffic not attributable to the project. 8 [00 Transportation Development (c) The City Engineer may require the applicant to participate in the funding of mitigation measures required as a result of traffic impacts associated with development on the property in lieu of construction of the improvements if the City Engineer determines that the delay in construction will not adversely impact the City Transportation System, and the best interests of the public would be better served by the delay. 11.12.080 DESIGN AND CONSTRUCTION ENGINEERING STANDARDS AND DEVIATIONS. (a) All projects shall be designed and constructed in accordance with the current City of Bremerton Design and Construction Standards (also referred to as the "Engineering Standards") as on file with the Department of Public Works and Utilities. The Engineering Standards shall also apply wherever any public work is performed within the City of Bremerton. City capital improvement projects, maintenance projects, utility projects and other projects performed by or on behalf of City employees shall meet all standards outlined in this document, except for otherwise approved deviations. These Standards are not intended to apply to "resurfacing, restoration, and rehabilitation projects" as those terms are defined in the most current Local Agency Guidelines, Washington Department of Transportation (WSDOT). Except where the Engineering Standards or the provisions of this Chapter provide otherwise, all design construction, and materials shall conform to the most current of the following publications: (1) WSDOT/APWA Standard Specifications for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Specifications"; (2) WSDOT/APWA Standard Plans for Road, Bridge, and Municipal Construction, hereinafter referred to as the "WSDOT/APWA Standard Plans"; and (3) A Policy on Geometric Design of Highways and Streets, AASHTO; "Manual on Uniform Traffic Control Devices", FHWA. (b) An applicant may request a deviation from an Engineering Standard. Requests for deviation shall be made by the Applicant in writing and shall include the specific standard from which deviation is requested, an engineering report, calculations, or other technical documentation that provides a basis for the deviation. The deviation may only be granted if the applicant demonstrates with clear and convincing evidence, that: (1) The deviation is required due to geotechnical, topographical, or other physical constraints that are beyond the control of the applicant. (2) The unavailability of specified materials and the substitute materials will equal or exceed the performance criteria of the specified materials. (3) The public safety and welfare will not be adversely impacted by the deviation. (4) The deviation with not detract from the intent and purpose of this Chapter or the Engineering Standards. (5) The other requirements of section 11. l 2.030(f) are met. 11.12.090 DEDICATION OF RIGHT-OF-WAY. The City may require the dedication of right-of-way in order to incorporate transportation improvements that are reasonably necessary to mitigate the direct impacts of the development. The property owner may be required to dedicate right-of-way to accommodate: (a) Motorized and non-motorized transportation, landscaping, utility, street lighting, traffic control devices, and buffer requirements; and 9 i 01 Transportation Development (b) Street frontage improvements where the existing right-of-way is not adequate to meet current right-of-way width requirements; and (c) The extension of existing or future public street improvements. (d) Other transportation facilities deemed necessary by the Director of Public Works and Utilities in order to mitigate the impacts identified in the development. 11.12.100 EASEMENTS. (a) The City may require the dedication of such easements as are necessary to provide all necessary public services, utility services, and motorized and non-motorized circulation corridors in and through the development, consistent with the provisions of the Comprehensive Plan and other adopted City plans. Easements may include, but are not limited to uses for private streets, sidewalks, street lighting, traffic control devices, temporary construction, and pathways. Design features of a street may necessitate the granting of slope, wall, and drainage easements. (b) Non-motorized easements may be required where necessary to facilitate pedestrian circulation between neighborhoods, schools, shopping centers and other activity centers even if the facility is not specifically shown on the City's Comprehensive Plan. (c) Non-motorized easements shall be wide enough to include the trail width and a minimum clear distance of two feet on each side of the trail. Easement width may vary according to site-specific design issues such as topography, buffering, and landscaping. (d) Non-motorized easements shall be designated "City of Bremerton Non-motorized Public Easement" and easement documents shall specify maintenance responsibilities. 11.12.110 STREET FRONTAGE IMPROVEMENTS. (a) The installation of street frontage improvements in accordance with the Engineering Standards is required prior to issuance of development and building permits for all new development and redevelopment for all land use types, unless one or more of the following exceptions are met: (1) The property is undergoing redevelopment, is zoned as Single Family Residential, has one single-family residence, and has less than 200 feet of total frontage. (2) Adjacent street frontage improvements are unlikely to be installed in the foreseeable future as determined by the Director; or (3) The installation of the required improvement would cause significant adverse environmental impacts. (b) Complete street frontage improvements shall be installed along the entire street frontage of the property at the sole cost of the applicant as directed by the Director. Street frontage improvements may include curb, gnttcr, sidewalk, storm drainage, street lighting, traffic signal equipment, utility installation or relocation, landscaping strip, trail, street trees and landscaping, irrigation, street widening, turn pockets, and charmelization or other improvements deemed necessary by the Director to mitigate the impacts of the development. Specific improvements will vary on a site-by-site basis and shall be determined by the Director. Beyond the property frontage, the applicant shall provide ramps from the new sidewalk or walkway to the existing shoulder, and pavement and channelization tapering back to the existing pavement and channelization as needed for safety and in accordance with accepted engineering practice. (c) When, due to site topography, City plans for improvement projects, or other similar reasons, the City Engineer determines that street frontage improvements cannot or should 10 I 0 ~- Transportation Development not be constructed at the time of building construction, the Director may, in his/her discretion, allow the applicant to pay to the City an amount equal to the property owner's cost of installing the required improvements. Payment shall be made prior to issuance of a building permit. The property owner shall provide documentation satisfactory to the City of materials costs, quantities, and labor costs; or, in the Director's discretion, record an agreement binding to the property, which provides for these improvements to be installed and paid for by the property owner by a date acceptable to the City; and record an agreement binding to the property to not protest a Local Improvement District to improve the street frontage. 11.12.120 LANDSCAPING IN RIGHTS-OF-WAY, EASEMENTS AND ACCESS TRACTS. (a) Preservation of existing street trees and landscaping may be required along City streets as a condition of permit approval. (b) For any development wherever it is necessary to remove or relocate street vegetation in connection with the widening of the street or highway, the paving ora sidewalk, or the installation of ingress or egress, the property owner shall replant such vegetation in size and kind or replace them according to Engineering Standards, as determined by the City Engineer, and BMC Chapter 13.10.080. (c) Any existing landscaping in the right-of-way not included in the development plans that is disturbed by construction activity on private property shall be replaced or restored to its original condition by the property owner. (d) Landscaping and other improvements within the right-of-way are subject to removal at the request of the City when the right-of-way is needed for public use. (e) Street Tree and Landscaping Installation Requirement. (1) Street landscape installation or improvement is required when applicable projects are to be undertaken along major arterials and other streets as identified in the Comprehensive Plan and in accordance with the Engineering Standards. (2) Ground cover shall be provided for site frontage right-of-way with a potential for erosion. (f) Species Selection: Selection of tree species shall comply with the Engineering Standards, BMC Chapter 13.10, and the Comprehensive Plan. (g) Maintenance of Plant Materials shall be in accordance with BMC Chapters 9.14 and 13.10. 11.12.130 PRIVATE STREETS. Private streets will be allowed only when the Comprehensive Plan does not designate the area will be served by a public street, and the following criteria are met.: (a) The street design and construction is in conformance with Engineering Standards; and (b) A covenant which provides for maintenance and repair of the private street by property owners has been approved by the City and recorded with Kitsap County; and (c) The covenant includes a condition that the private street will remain open at all times for emergency and public service vehicles; and (d) The private street would not hinder public street circulation; and (e) At least one of the following conditions exists: (1) The street would ultimately serve four or fewer lots; or 11 [ 03 Transportation Development (2) The street would ultimately serve more than four lots, and the City Engineer and the Fire Chief determine that no other access is available. In addition, the proposed private street would be adequate for transportation and fire access needs, and the private street would be compatible with the surrounding neighborhood character; or the private street would be part ora Planned Unit Development; or the private street would serve commercial or industrial facilities where no circulation continuity is necessary as determined by the City. 11.12.140 ACCEPTANCE OF PRIVATE STREETS AS DEDICATED PUBLIC STREETS. Acceptance of private streets as dedicated public streets will be considered if the street meets all City street design and construction standards for public streets at the time the dedication is requested. Consideration of acceptance is also subject to the requirements of other City of Bremerton departments. Final acceptance is subject to City Council approval. The following criteria will be evaluated: (a) Acceptability of street and utility construction. Pavement condition shall be brought up to the standards of new construction and the observable condition index is 90 or greater as determined by the City Engineer. (b) Condition of title. (c) Survey requirements for monumentation and conveyance. (d) The need for additional right-of-way and easements. (e) The benefit to the public of accepting the dedication. (f) Cost of accepting the street, including future maintenance costs. 11.12.150 DRIVEWAYS. (a) Driveways and parking areas shall be designed such that vehicles attempting to enter the driveway or paring area will not impede vehicles in the travel lane of the public street. (b) Whenever possible, access for commercial and multifamily property shall be provided onto streets that do not abut Single Family Residential land uses. (c) Combined driveways for adjoining properties are encouraged. In conjunction with approval of a development, the City may require the applicant to provide an access and cimulation easement to an abutting owner where joint access is reasonable to serve future development. (d) The installation of driveways onto arterials may be denied if alternate access is available. Owners applying for development permits on state routes and principal arterials shall demonstrate that they have made efforts to reduce the number of driveways along their frontage through formation of private shared easements or other means as a result of their projects. (e) The continued use of pre-existing driveways must meet all requirements of this section with the development of a site. (f) All abandoned driveways on the street frontage to be improved shall be removed and new curb, gutter and sidewalk shall be installed. (g) Driveway approach grade and configuration shall accommodate planned future street widening in accordance with the Comprehensive Plan to prevent the need for major driveway reconstruction. (h) No commercial driveway will be approved where backing onto the sidewalk or street will occur. 12 O ~ Transportation Development (i) The City may restrict left turns to and from a driveway, either at the time of development or in the future, without compensating the property owner for any resulting irnpacts as a result of such restriction. (j) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than 100 feet from any other driveway, measured from nearest edge to nearest edge. If there exists no other access to the property in question, driveways shall be located as far apart as reasonably possible. (k) Unless there exists no other access to the property in question, the City will not permit any driveway to be located any closer than 150 feet from the nearest cross street, measured from nearest edge to nearest edge. If there exists no other access to the property, the driveway shall be located as far away from the cross street as possible. Access onto State highways shall conform to WAC 468.52. (1) The City shall not permit more than one driveway or street opening on any property having a street frontage on principal arterials of 200 feet or less. (m) On streets other than principal arterials, the City shall not permit more than one driveway or street opening on any property having a street frontage of 100 feet or less. (n) Driveways shall be located at least five feet from the property line. (o) Driveways onto principal arterials, including state routes, shall include deceleration lane, and acceleration lanes. (p) Deviations from Section 11.12.150 may be approved at the discretion of the Director if: (I) The modification is reasonable and necessary for development of the property; and (2) The modification will not create an unsafe condition for motorists or pedestrians. 11.12.160 PRIVATE INTERSECTION OPENING. A private intersection opening may be required at the discretion of the City Engineer in lieu of a conventional driveway when the projected driveway traffic is greater than 1,000 vehicles per day. (a) A private intersection may include the following elements: (1) Traffic signalization; (2) Easements; (3) A minimum 100 foot storage area turn pocket plus taper between the face of curb and any turning or parking maneuvers within the development; (4) The opening is at least 150 feet from the near side face of curb of the nearest intersecting street; (5) The opening is at least 100 feet from any other driveway on the property frontage under the control of the property owner. 11.12.170 STREET ENDS. (a) All dead-end public streets and private streets shall be designed as a cul-de-sac, except as provided in Section 11.12.170(b). (b) A "hammerhead" turnaround may be used in lieu of a cut-de-sac if the street is less than 200 feet long and serves six or fewer lots. Such an alternative design may be used if approved by the City Engineer and the Fire Chief. 13 I 0 ~ Transportation Development 11.12.180 PARKING CIRCULATION. Parking lot and circulation needs shall be met on site. The public right-of-way shall not be used as part of one-way parking lot flow, or other site circulation. 11.12.190 TRAFFIC SIGNALS. (a) When a proposed street or driveway design interferes with existing traffic signal facilities; traffic signal modification or relocation must be provided and paid for by the Applicant. (b) To mitigate the traffic impacts of a development, modification of an existing signal or installation of a new signal may be required to be provided and paid for by the Applicant as determined by the Director. (c) All traffic signal design modifications shall be prepared by a Washington Registered Professional Engineer experienced in traffic signal design and included in the Traffic Impact Analysis Report specified in Section 11.12.060. 11.12.200 STREET LIGHTING. (a) Street lighting is required along all public streets, including new public streets in subdivisions and short subdivisions in accordance with the Engineering Standards and Section 11.12.110. The property owner is responsible for design and installation of new lighting and relocation of existing lighting along the street frontage of the development. (b) All street light installations, including wiring, conduit, and power connections, shall be located or relocated underground except in residential areas with existing above-ground utilities. (c) For new subdivisions, the City will accept maintenance and power cost responsibility for the public street light system when a subdivision is 50 percent or more occupied. Until then, the property owner shall remain responsible for the maintenance of and energy charges for the street lighting system. The property owner shall notify the City when 50 percent occupancy is obtained. (d) The City will not accept maintenance and power cost responsibility for a public street light system that does not conform to the City's most current Engineering Standards. (e) Street illumination in accordance with Engineering Standards is required at the intersection of a private street and a public street. No street lighting is required along a private street. 11.12.210 TRAFFIC CONTROL. (a) Temporary traffic control to ensure traffic and pedestrian safety during construction activities must be provided by the property owner at the owner's expense. A plan meeting the approval of the City Engineer must be developed prior to starting construction activities. (b) The developer is responsible for supplying and installing all necessary permanent traffic control devices such as street name signs, stop signs, speed limit signs, and channelization, all in accordance with City Standards and the MUTCD. (c) Neighborhood traffic control devices such as speed humps, traffic circles, curb extensions, etc., are devices used to control vehicle speeds and cut-through traffic. Installation of these devices will be permitted only in accordance with Engineering Standards and Warrants, and with approval by the City Engineer. 14 1 0~> Transportation Development 11.12.220 UTILITY COMPANIES. (a) Subject to the rules, regulations and schedules of'the WUTC for private utilities, utility companies with facilities in City right-of-way shall relocate their facilities at their own expense when the relocation is necessary to accommodate public street improvements. The improvement work must be required by the City in order for the relocation work to be the financial responsibility of' the utility; otherwise, all costs shall be the responsibility of the property owner. In the event such utility company is subject to a franchise agreement or right-of'- way use agreement with the City, such agreement shall control any relocation requirement. (b) All new utility transmission, distribution or collection systems in new subdivisions and short subdivisions, including power, telephone, television, cable, Intcmet cable, and all other telecommunications shall be installed underground unless otherwise provided in a franchise agreement or right-of-way agreement. (c) Above ground utility devices (e.g. poles and transformers) shall be located as shown in the Engineering Standards and shall not under any circumstances reduce the unobstructed width of the sidewalk to less than 42-inches. (d) Utility companies are subject to the Department of Public Works and Utilities policies regarding "Type B Right-of-Way Usc", "Elimination o£Nuisance Utility Poles", "Trenching in the Right-of-Way", and other policies as prepared and updated by the Director. 11.12.230 STREET INTERSECTION SIGHT DISTANCE REQUIREMENTS. No new development, redevelopment, and maintenance of existing conditions (e.g. parking, vegetation growth, or other obstructions) shall result in obstruction of sight distance to motor vehicle operators as determined by the Director. Specific criteria for identification of sight obstructions are set forth in the City's Engineering Design and Construction Standards. 11.12.240 SIGHT DISTANCE REQUIREMENTS FOR PEDESTRIAN SAFETY. (a) The minimum sight distance for pedestrian safety shall be determined as follows: the driver of an exiting vehicle shall be able to view a one-foot-high object in the center of a sidewalk or shoulder and located 15 feet away from either edge of'the driveway throat when the driver's eye is 15 feet behind the back o15 the sidewalk. (b) The minimum sight distance defined in Section 11.12.250(a) shall be maintained at all driveways, buildings, and garage entrances where structures, wing walls, etc. are located adjacent to or in close proximity to a pedestrian walkway. (c) Sight lines to traffic control devices such as signs, signals, etc. shall not be obscured by landscaping, street furniture, marquees, awnings, or other such obstructions. 11.12.250 PAVEMENT RESTORATION FOR TRENCHING IN RIGHT-OF- WAY. (a) Construction in the right-of-way including trenching, excavation and pavement restoration shall be in accordance with the Engineering Standards. (b) Public street pavement shall not be degraded by trenching, excavation, and pavement restoration activities without due compensation to the City. Deviations to Section 11.12.250(a) may be approved by the Director of Public Works and Utilities upon written request by the applicant and demonstration ora satisfactory alternative. 15 I D~ Transportation Development (c) A five-year moratorium on pavement trenching is effective upon completion of new street construction and upon pavement overlay of an existing street. Deviations to Section 11. l 2.250(c) may be approved by the Director under compelling circumstances and emergencies, such as utility failures, main breaks, etc. 11.12.260 VIOLATION - PENALTY. (1) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (2) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(2) BMC. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 6 Section l 3.10.080 of the Bremerton Municipal Code entitled "Planting, Pruning, Removal, and Maintenance Standards" is hereby mended to read as follows: 13.10.080 PLANTING, PRUNING, REMOVALs AND MAINTENANCE STANDARDS. The following standards are hereby established for the planting, pruning, removal, and maintenance of municipal trees and shrubs in the public areas of the City. All planting of trees and other landscaping in public areas of the City, including the rights-of-way, shall be in con~brmance with the City's Engineering Design and Construction Standards: (a) Planting: (1) All trees will be not less than one and one half inch caliper and be No. 1 grade, as described by the American Association of Nurserymen (AAN). (2) No tree or shrub will be planted closer than two feet from the curb line or 10 feet from a driveway or alley. Trees shall be spaced at intervals of at least 20 feet depending upon species and the expected height of the tree at maturity. Plantings at or near intersections shall be spaced in accordance with sight distance specification in the City's Engineering Design and Construction Standards. (3) Sidewalk cuts, where necessary, shall be approved by the Engineering Division and will be a minimum of 4 feet in diameter so as to allow the natural percolation of water. Paver blocks, cobblestones or tree grates or other permeable surfaces will be used to fill the sidewalk cuts around trees. (4) All young trees, for a minimum of one year, shall be securely staked and guyed until the roots become established. (5) Municipal trees and shrubs planted prior to the passage of this ordinance are exempt from these planting standards. (6) A list of recommended species of municipal trees is available from the Parks and Recreation Department for those desiring to plant municipal trees in City areas adjacent to their properties. Approval of the tree species is required by the City Urban Forester prior to planting, if it is not on the recommended species list. (7) Public Education programs regarding tree planting, care and maintenance will be provided by the Parks and Recreation Department in conjunction with Arbor Day festivities each year in April to encourage public involvement in tree planting. Additionally, the Parks and Recreation Department will maintain a tree library available for use by the public. 16 Transportation Development (b) Pruning: Pruning of any municipal tree on any public area must be authorized by the Parks and Recreation Department's City Urban Forester or performed by City employees at the discretion of the Department. Trees are pruned to preserve their health and appearance, and to eliminate safety and utility concerns, which will increase their longevity in the urban area. (1) Pruning Defined: i. Fine Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one-half inch in diameter. ii. Medium Pruning: removal of dead, diseased, objectionable and/or weak branches which are larger than one inch in diameter. iii. Safety Pruning: removal of the dead, diseased and/or weak branches to a size that in falling would injure a person and/or property. iv. Cut Back to Topping: cutting back, drop crotching or topping consists of the reduction of tops, sides, underbranches, or individual limbs with attention given to symmetrical appearance. (2) All trees and shrubs which have branches overhanging a public street or boulevard shall have said branches pruned to a clearance height of fourteen feet. Those overhanging a public sidewalk shall be pruned to a clearance height of eight feet. The provisions of this section may be waived by the Parks and Recreation Depamnent in the case of newly planted trees so long as they do not interfere with public parking, travel or safe viewing distances at intersections, or endanger public safety as determined by the Engineering Division. Any tree or shrub on private property which hangs over a city right of way which is not pruned as herein provided shall be subject to the provisions of Section 13.10.090 of this chapter. (3) All dead wood, stubs, broken branches, badly formed branches, diseased branches, and branches interfering with public travel, lighting, existing buildings and traffic signs shall be removed during the pruning operation, with consideration given to the symmetry and beauty of the municipal tree or shrub. (c) Removal: (1) All municipal trees and shrubs which have fallen or been authorized for removal shall be completely removed from the growing site and disposed of in an authorized manner. The stump shall be ground out to a depth suitable for future planting of trees or turf. (2) When municipal trees or shrubs are removed because of inappropriate location, a more appropriate site for replacement will be selected, when possible, in as close a proximity as spacing permits. Trees removed due to health, age, size for its location, or undesirable species type shall be replaced, when appropriate/available, with a suitable tree or shrub which will not produce the same problem in accordance with this ordinance. (3) No municipal tree or shrub shall be removed from any public area for the sole purpose of providing a view for any private property or individual. (d) Maintenance: (1) All municipal trees will receive routine maintenance on a 4 year cycle. (2) Special consideration will be given to the watering, weeding and protection of young trees during the first three years. (3) The use of biological controls and sprays will be encouraged and used by City employees whenever possible in the treatment of insect infestation in trees on city lands and rights of way. 17 I O~ Transportation Development SECTION 7. Chapter 11.10 of the Bremerton Municipal Code entitle "Sidewalks Duties of Abutting Property Owners" is hereby amended to read as follows: Chapter 11.10 SIDEWALKS - DUTIES OF ABUTTING PROPERTY OWNERS 11.10.010 MAINTENANCE OF HAZARDOUS CONDITIONS PROItIBITED. (a) _fi_t shall be the duty_of persons occupying property abutting on public sidewalks tn _k__e.c~ those sidewalks free of snow~i_c_c~_~ob~:t_r~uctiun or other objectionable thing. It sh~aJl be th_c dutv o f t4:4s-~:n!a'~; t4~ the owner and/or any person, firm, or corporation occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any part of said fight-of-way located between the curbline, or if there is no curbline, then between the adjacent edge of the traveled portion of such right-of-way and the abutting property line, any condition, structure, or object dangerous or hazardous to the use of said right-of-way by the members of the general public including, but not limited to, the following conditions: (al_) Defective sidewalk surfaces, including but not limited to broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (b2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub-toes or depressions at said junction; (e3_) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way; (d~_) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights of way; (e5) Defective conditions on the planting strip, unless posted for parking. (~b_) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curbline or, if there is no curbline, then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (g27) Defects consisting of foreign matter on the public sidewalks, including but not limited to gravel, oil, grease, or any other foreign subject matter that cause pedestrians using said sidewalk to fall, stumble or slip by reason of the existence of such foreign matter. (h8_) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way. (Ord. 4260 §5, 1990; Ord. 4211 §8, 1989; Ord. 2968 §1, 1971) (b) The term "person occupying property" shall mean owners, tenants, subtenants and licensees who occupy or are entitled to occupy and make general use of property. ( 1 ) In the case of apartment houses, rooming houses, courts, and similar buildings, the teru~ "person occupying property" shall mean that person or persons owning or in control and management of the building on the property, £~) In the case of office buildings, duplexes and other property occupied by more than one person, firm or family and not included in paragraph (1) above the term "person occupying property" shall mean each of thc owners or occupants of such building whose 18 Transportation Development prcmises are on the sidewalk level anti thcx shall be responsible tbr so much oFthe sidewalk as is adjacent to their premises. 11.10 ....... 020 DUTY TO MAINTAIN, CLEAN AND REPAIR SIDEWALK. Whenever any public right-of-way in the city has been improved by the construction of a sidewalk along either side thereof, the duty and expense of the maintenance, cleaning, repair and renewal of said sidewalk, including the erection or maintenance of suitable barriers along the outer margin of said sidewalk where the same is elevated more than two feet above the abutting property, shall be upon the owner of the directly abutting property. All such repairs shall be made after application for/and issuance of a proper building permit therefor, as required by law, and all of such work to be duly inspected and approved by the city engineer. 11.10.040030 SIDEWALK RELOCATION. Any person, firm or corporation desiring to change or relocate any sidewalk in front of and abutting its property shall make application in writing to the engineering department of the city, and such application shall contain, among others, the exact location of such proposed change or relocation, the location of any new sidewalk to be laid and the connections and locations of other sidewalks upon such street; no change or relocation of any sidewalk shall be made until the issuance of an appropriate permit therefor. (Ord. 2968 §3, 1971) 11.10.040 VIOLATION - PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC tbr which a monetary penalty may be assessed and abatement and/or entbrcement may be required as provided therein. ___ (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Section 1.12.020(21 BMC. Each day, or a portion thereof~ during which a violation occurs shall constitute a separate violation. SECTION 8. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not 19 [ I [ Transportation Development affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION9. Effbctive Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2003 PASSED by the City Council the day of _, 2003 CAROL ARENDS, Council President Approved this day of _, 2003 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of _, 2003 EFFECTIVE the day of _, 2003 ORDINANCE NO. R:\LEGAL~OrdinancesXPublic Works & Utilities\Transportation Development Code, Ordinance.doc 20 { ~ ~._ Transportation Development DATE SUBMITTED: May 1,2003 BILL # 03'- (.~'~ AGENDA BILL CITY OF BREMERTON 9 b CITY COUNCIL SUBJECT: PUBLIC HEARING ON Committee Meeting Date: May 13, 2003 ORDINANCE AMENDING BMC COUNCIL MEETING Date: May 21 and 28, 2003 CHAPTER 11.02 RELATING TO LONG Department: Public Works & TERM RIGHT-OF-WAY PERMITS Utilities Presenter: Michael C. Mecham Phone: 473-5288 SUMMARY: The current criteria in Chapter 11.02 of the Bremerton Municipal Code provides for long-term use of City right-of-ways up to five years. The proposed ordinance provides for extended long-term right of way use permits up to 10 years under certain circumstances. These circumstances may include structures, facilities, and uses that involve capital expenditures and long-term commitment of use for private development. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: ~ DEPARTMENT DIRECTOR: CITY ATTORNEY: MAYOR: FISCAL/BUDGET: : L~__._q / OPERATIONS: ~ COUNCIL PRESIDENT: ~ ~ ~(_~ RECOMMENDED MOTION: I move to approve the proposed ordinance on first reading. I move to pass Ordinance No. on second reading. AGENDA STATUS: Consent New Business Old Business Ordinance COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution Public Hearing ~ I ~ Information Study Session ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, regarding use of City rights-of-way~ and amending Section 11.02.080 of the Bremerton Municipal Code relating to Type C long-term permits. WHEREAS, the City currently allows the use o£ City right-of-way £or uses that do not inter£ere with the public use by pedestrians and vehicles, are not detrimental to the public health and safety, are not aesthetically incompatible with the City's streetscape design standards; and WHEREAS, certain uses that meet these criteria require approvals that are for periods of time longer than that authorized by the current permit categories; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAiN AS FOLLOWS: SECTION 1. Section 11.02.080 of the Bremerton Municipal Code entitled "Right-of-Way Use Permits" is hereby amended to read as follows: 11.02.80 RIGHT-OF-WAY USE PERMITS. The following types of right-of-way use permits are established. A. Type A- Short-Term Use. 1. Type A permits may be used for use of right-of-way for up to four weeks for purposes which do not involve the physical disturbance of the right-of-way. 2. This type of use may involve disruption of pedestrian and vehicular traffic and may require inspections, cleanup and traffic control. For periods longer than four weeks these uses will be considered Type C, long-term use. 3. Type A permits include but are not limited to the following: a. Temporary street and sidewalk closures. b. Temporary blockage of streets and sidewalk, for uses such as dumpsters and scaffolding. B. Type B Disturbance of the Right-of-Way. 1. Type B permits may be issued for activities that alter the appearance or disturb the surface, or disturb the subsurface of the right-of-way on a temporary or permanent basis. Type B permits are also required for the initial construction of improvements within rights-of-way and private streets required to conform to City standards. Type B permits may be issued for up to 120 days. 2. Type B permits include, but are not limited to, construction activities associated with: a. Boring, jacking or pushing; b. Construction adjacent to the right-of-way that may physically impact the right-of-way; 1 ROW Type C Long- Term Permit c. Culverts; d. Curb cuts, handicap ramps and driveway approaches; e. Curbs, gutters, and sidewalks; f. Drainage facilities; g. Installation of landscaping; h. Painting; i. Paving; j. Street trenching; k. Utility Installation. C. Type C - Long Term Use. 1. Type C permits may be issued for right-of-way use for activities for extended periods of time which will not further physically disturb the right-of-way once in place. This may include structures, facilities, and uses that involve capital expenditures and long-term commitment of use. The Type C permits shall be a revocable permit. Type C permits may be issued for a term of up to five (5) years except as provided for in subsection 7 below. 2. A Type B permit may be required for construction activities in conjunction with a Type C use. 3. Type C permits include but are not limited to: a. Accessory business activity such as: parking, displays and signage; b. Air rights; c. Bus shelters/stops; d. Construction site/haul roads; e. Fences; f. Recycle receptacles, dumpsters, and facilities; g. Special and unique structures such as: fountains, clocks, flagpoles, benches, kiosks, banners, street furniture, decorations, etc. h. Underground rights; i. Utility facilities; j. Waste facilities. 4. Utility facilities placed in the right-of-way under the authority ora franchised utility as defined in this chapter are exempt from the requirement to obtain a Type C permit. 5. Type A uses that exceed four weeks duration will be treated as Type C uses. 6. Upon termination of a Type C permit, for which the permittee does not obtain a new permit, any improvements constructed in the right-of-way must be removed by the permittee and the area restored to its original condition or better. 7. Type C permits may be issued for right-of-way use for an extended term not to exceed ten (10) years for activities which will not further physically disturb the right of-way once in place such as the installation and maintenance of structures, facilities, and uses that involve capital expenditures and long-term commitment of use. Type C permits may be issued for an extended term under the following conditions: a. At the end of the permit period, the permit may be renewed upon request by the permittee and acceptance by the City for additional terms not to exceed ten (10) years. If the use of the right-of-way under the i urisdiction of a Type C permit is changed so 2 ROW Type C Long-Term Permit as to affect the installation permitted, the Director of Public Works and Utilities shall require th~: permittee to remove the installation or modify the installation to accommodate the new use of thc right-of-way. The Director of Public Works and Utilities shall set the time for removal or modification. The time for removal or modification shall be at least 90 days after the date the request for removal or modification is submitted, unless the Director finds that a lesser amount of time is in the best interest of the public. All expenses for removal and/or modification ofthu permitted installation shall be borne by the permittee. b. A Type C permit will not be issued for the extended term unless the City determines that there is no reasonable likelihood that the City will need to utilize: the area for which the permit is granted within the permit term, and that the proposed use is consistent with the City's Comprehensive Plan, and that the use is not detrimental to the publi~: health, safety or welfare, and that the proposed use is not aesthetically incompatible with the City's streetscape standards. c. In the case of a proposed use that is necessary to protect a governmental installation from possible terrorist attack, the City may waive any of the requirements of this section. d. The City shall impose such fees as are appropriate to cover the City's cost associated with processing the application and that takes into account the value of the land used, the length of use, and lost revenue to the City, if applicable. D. Type D - Franchised Utility Routine Maintenance Permit. 1. Type D permits may be issued for franchised utilities as defined in this chapter to perform routine maintenance on existing overhead lines and for entry into existing underground facilities. The permit will be valid for this work within the city boundaries. Type D permits may be issued for up to one year. 2. Type D permits will not involve physical disturbance of the right- of-way. 3. Type D permits may be revoked if the permittee does not adequately and consistently comply with the permit conditions or requirements of this chapter. In the event that the Type D permit is revoked, the permittee must obtain a Type A permit for each work site. Assignment of permit. Permits cannot be assigned or transferred, subleased or used for any purpose not specified in the permit without prior written permission of the City. Any attempt to assign or transfer an interest in a permit without such prior written permission shall be cause for immediate termination. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. 3 ROW Type C Long-Term Permit APPROVED by the City Council the day of ., 2003 PASSED by the City Council the day of ,2003 CAROL ARENDS, Council President Approved this day of ,2003 CARY BOZEMAN, Ma~r ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2003 EFFECTIVE the day of ,2003 ORDINANCE NO. R:\LEGAL\Ordinances~ublic Works & UtilitiesLROW Type C Long Term Permit.doc 4 ROW Type C Long-Term Permit Benefits Resource Center /__/ The Honorable Carol Arends, Council President City of Bremerton, City Council Office 239 4th Street, Bremerton, WA 98337 October 7, 2002 Dear Council President Arends, This letter is to inform you that the concerns that I expressed to you during our September 18, 2002 telephone conversation, which stem from our agency's involvement in this year's Community Development Block Grant (CDBG) funding process, have yet to be addressed. I chose to bring this matter to your attention for two reasons; first, not verbalizing these concerns prior to a decision being made could have resulted in our being painted as a disgruntled agency that failed to receive funding, and secondly, the CDBG funding process has no published or formal guidelines for making these types of concerns known. I am not suggesting that the City Council negate the decisions that are being handed forward by the Citizen Advisory Review Board, I believe that these individuals have taken on a hard task and should be thanked for their willingness to serve their community and for making what must be tough decisions in tough economic times. My hope is that by clearly stating that we are not seeking any change in the allocation of funds including the issue of whether we are or are not a funded agency through this years process; thus removing our funding status completely off the table, I will be able to convey that our concerns are about possible flaws in the process, timetables and guidelines used. So, if not money, what am I seeking? More importantly why am I so sure that this process, at the very least, is in need of review? What I am seeking is: · A level playing field for all applicants; · An assurance to all involved in the CDBG allocation process, applicants, citizen reviewers, and staff, that the guidelines are clear; · That inconsistent elements between published guidelines, statements that support a diminished value for written materials be deterred; · Clarity that removes the unspecified amount of impact that the short interview has on the total score given; · A guidance and timetable allotment for reviewers that not only encourages but also requires their active participation in the interview process based on the written information submitted by the applicant. As for the cause of my strong-felt belief that the current process is in need of review, I submit the following impressions that were gained as an applicant agency along with this simple question: Without any formal provision to make one's concerns regarding the CDBG allocation process known, is it possible that others may also feel this way? As I stated during our telephone conversation it seemed apparent that neither the staff, nor the Citizen Advisory Review Board members had read the grant application prior to our interview. 318 First Ave. So. Suite 300 Seattle, WA 88104-2597 Phone 206-322-8181 Fax 206-624-2695 www.psbrc.org 1 051 TI Both Barbara Fangen, Positive Solutions' President of the Board of Directors and Laura Paton, a staff member from the Kitsap County Consolidated Housing Authority, in attendance to lend her agency's support for our funding request, substantiated my belief that these individuals lacked any sense of preliminary awareness of our proposal. Given that the interviews were the only opportunity for direct contact between reviewers and applicants, one would think that program specifics would be key topics for discussion between informed participants. The CDBG applicant packet guidelines state "City staff will review applications to assure that they are complete and meet threshold requirements.* The guidelines note "Each applicant will have an opportunity to orally present their project and answer questions concerning the application during a brief interview with the Advisory Committee."* However, the guidelines fail to state the amount of weight that the interview will carry, if any. Only that "Based on the application and the interview, each member of the Committee will rate the application according to criteria described in this section." * Only two questions, both posed by the attending city staff member were remotely based on our written application. In reality, both were a follow-up to a statement that I had made regarding the Benefit Resource Center's staffing. The city's staff member didn't understand why my salary as Executive Director wasn't listed on the Attachment B8 Salary Summary form. The inaccurate assumption was that the figures presented represented our total 2003 agency budget. What was presented on the form was a project specific budget. (The form is not specific and does not ask for either a total agency or a project only related budget.) The staffmember appeared to be upset that we had given the wrong information. The second question was also regarding information on the Attachment B8 Salary Summary form in which the staff member confused our listing of three FTE's (Full Time Equivalencies) to mean only three full-time staff. I explained that we would most likely hire from the Disability Community and anticipated the need to use part-time employees. All of the questions posed by the Review Board members were based solely on our statements made that evening. These questions led to my suspicion that our application had not been read. One reviewer seemed surprised by my statement that we hadn't made a site selection for the proposed Benefits Resource Center. Had this individual read our application he would have known by our timeline that our plan called for this site to be secured within thirty days of the program-funding award. Further questions followed regarding the physical site location with Review Board members making inquiries regarding our knowledge of and sharing their knowledge of newly vacated buildings. However, none of their questions came from their reading our application. In fact, not one copy of our application was in the possession of a review board member for use as a reference material. Not a single question came using the written verbiage. I wondered at the time if each of these individuals just failed to prepare or if somehow by the process they were encouraged to interview first and read second. By default or by design under this process, the system fails to make use of valuable time for further discovery of this and perhaps other applicants' overall program fundamentals. · Taken from 2003 City of Bremerton-CDBG Allocation Policy Part II Page 4 (emphasis added) 318 First Ave. So. Suite 300 Seattle, WA 98104-2597 Phone 206-322-8181 Fax 206-624-2595 www.psbrc.org Later in the interview, we were surprised by the reaction of the presiding staff member who appeared to be confused when we handed over our budget detail summaries as specified in our application. In hindsight, further evidence supporting our feelings that this staff member had not performed a technical review, or in doing so, had failed to comprehend the budget explanation that expressed our need to provide our budget information at the time of the interview. However, upon reflection this reaction substantiates a comment made during a phone conversation with Barbara Fangen and another city staff member who stated not to worry about a line item question that we were raising, because "No one comes in and looks at the budgets in detail." This in conjunction with other statements given at the Technical Assistance meeting held on July 23rd, to the effect that "The written application should be short because the reviewers really don't like to do a lot of reading," followed by "You'll have the ability to talk about your project at the interview," tends to lend credence to our thought that perhaps the status quo is to encourage the review board to place a higher value on the interview rather than the written application itself. These statements and actions in themselves seem harmless, however, depending on when, by whom, and to whom they are spoken, they have the ability to form the status quo and standard operation procedures that guide the actions of those in the decision making process. I believe that it is possible to review the CDBG process, from onset of timeline creation to finalized decision without jeopardizing this year's funding decisions, or laying blame, in order to bring assurances to future participants that the system provides a level and fair playing field with clarity regarding point values and definition for airing one's concerns. Notification of any discussions, activities, and or proposed plans contemplated by the City of Bremerton or potential opportunities for our agency's participation to assist the City in addressing these concerns would be greatly appreciated. Respectfully submitted, Alex Hesse-Siegert Executive Director cc: City Council Members Mayor Cary Bozeman Deputy Mayor Sherril Huff-Menees Chris Hugo, Director Community Development 318 First Ave. So. Suite 300 Seattle, WA 98104-2897 Phone 206-322-8181 Fax 206-624-2595 www.psbrc.org