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Home My WebLink About03/12/03 AGENDA I CITY COUNCIL MEETING AGENDA FILE MARCH 12, 2003 230 4tk Street · Bremerfon, WA 08337 · Pkone (3(50) 478-5280 · Fox {360) 478-5251 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. CON~ENT AGENDA "' A. Minutes of Meeting - February 26, 2003 (#AB03-030) B. Renewal of Fee Agreements with JANE RYAN KOLER, PLCC; CAROL A. MORRIS, PC; BUCKLEY & LEADERS; KEATING, BUCKLIN & MCCORMACK, INC., P.S.; and MCGAVICK GRAVES, P.S. (#AB03-031) C. Public Works Agreement with BRI, TNCORPORATED (#AB03-032) D. Contract Modification Agreement No. 1 to Professional Services Agreement with HDR ENGINEERING for CSO Program Engineering Design Services (#AB03-033) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. MAYOR'S REPORT 7. PUBLIC RECOGNITION - Comments limited to 3-minutes 8. NEW BUSINESS A. Seeking Public Comment for pending EPA Brownfield Grant Application [No Council Action Required] (#AB03-034) B. Proposal to purchase a 2003 ambulance from BRAUN NORTHWEST, INC. (#AB03-035) C. Real Estate Purchase & Sale Agreement for Fire Station Property at 811 Park Avenue; and Resolution No. 2887 authorizing an Inter-fund Loan (#AB03-036) D. Bid Award to AiR SYSTEMS ENGINEERING, INC. for the Mechanical Upgrades at the Glenn Jarstad Aquatic Center, and Budget Adjustment No. 2003-1 (#AB03-037) E. Intedocal Agreement to purchase three (3) Fire Engines from SEAGRAVE CORPORATION (#AB03-038) Fi Sole Source Purchase of one (1) Quint Aedal Apparatus from SEAGRAVE CORPORATION (#AB03-039) 9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance (First Reading) amending Chapter 21.22.240 of the Bremerton Municipal Code relating to the Wetland Extraordinary Hardship Test (#AB03-040) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-maih citycouncil@ci.bremerton.wa.us · Web: ~.ci.bremerton.wa.us CITY COUNCIL MEETING MARCH 12, 2003 SPEAKERS LIST If you wish to make an announcement, inform the Council of an issue, or ask a genera/question...Please provide information below so staff will be able to contact you. Thank you. NAME ADDRESS/TELEPHONE TOPIC o AGENDA BILL BREMERTON CITY COUNCIL 1. B.~.U__~aE_.~_T: FOR AGENDA OF: March 12, 2003 ORIGINATING DEPT: CITY COUNCIL MINUTES OF MEETING- FEBRUARY 26, 2003 ORIGINATOR: CAROL ARENDS, PRESIDENT DATE SUBMITTED: March 6, 2003 2. CL_F. ak_R&~_CaE~: (Comment on back if necessary) 3. EXHIBITS: ENDORSEMENT [] INFORMATION [] APPROVED FOR SUBMITTAL BY MAYOR: ~z-~ d7 ~e_ ~,_-/C-~- ' 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: 5. RECOMMENDATION: 6. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: / 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCEE: 11. RESEARCH SOURCES: TAPES #1879,#1880, & #1881 CITY COUNCIL MEETING MINUTES February 26, 2003 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, February 26, 2003, at 5:30 P.M., with Acting Council President Mike Short presiding. Council members present were Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, Cecil McConnell, and Wayne Olsen. Council President Carol Arends was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Major Jim Baker of the Salvation Army. Actin~l President Short made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to the meeting Agenda. CONSENT AGENDA A. Minutes of Meeting - February 19, 2003 (#AB03-027) #0025 M/S/C/U (McConnell/Olsen) Move to approve Consent Agenda as presented. CLAIMS & CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0050 M/S/C/U (Younger/McConnell) On February 26, 2003 the Council approved payment for Check Numbers 278851 through 279004 in the amount of $315,609.79; and Regular Payroll for the period ending February 15, 2003 in the amount of $864,549.40. COUNCIL MEMBER REPORTS Will Maupin reported on a number of meetings he as attended this past week including the PSRC Growth Management Policy Board meeting; and the "AWC 2003 Legislative Action Conference" held in Olympia where he had an opportunity to meet with Legislators and testify in support of the passenger only ferry service. Eric YounRer invited citizens to hear "UPDATES ON CITY PROJECTS" with Gary Sexton, the City's Economic Development Director at the next combined District 6 & 7 Neighborhood meeting to be held on Thursday, March 6 from 6:30 to 8:00 P.M. in the Conference Room of the Oyster Bay Public Works & Utilities Building located at 100 Oyster Bay Road Mike Shepherd reported that he too attended the "AWC 2003 Legislative Action Conference" held in Olympia, and elaborated on several bills that would directly affect the City. He also announced the next District 5 neighborhood meeting would be held Thursday, March 20 from 6:30 to 8:30 P.M. at the Memorial Lutheran Church located at 10~h & Veneta. Ed Rollman provided a briefing on the Parking Committee meeting held Monday evening; announced a few local events in honor of Black History Month, including a "Hip Hop for Unity Event" this Friday night at Olympic College; saluted local historian Dianne Robinson on her plans to research African American history, and write a book on the subject; and lastly, he reiterated information about the Miss Kitsap Scholarship Pageant to be held March 15. TAPES #1879, #1880, & #1881 City Council Reg. Mtg. Minutes February 26, 2003 Page 2 of 5 Daren Ny~lren thanked citizens for attending the District 3 meeting held on Saturday, and providing feedback on "EASTPARK" and "THE MANETTE PLAN". He also thanked Council Member Cecil McConnell and Sgt. Olan of the Bremerton Police Department for attending. Cecil McConnell thanked citizens for attending the District 1 & 2 Town Meeting held on last Thursday, and also thanked City staff members Luke Korpi of Engineering, Bob Tulp of the Street Department, Lt. Williams of the Fire Department, and Officer Shultz of the Police Department for their participation in the discussion on "Traffic Control". Mike Short announced a District 9 meeting would be held at the Public Works & Utilities Building on Monday, March 10 from 7:00 to 8:00 P.M. to discuss plans for a "Hydro Race & Regatta" proposed on Kitsap Lake in April. MAYOR'S REPORT · Mayor Bozeman thanked Dick McConaughy for his 6-years of service to the City while serving on the Civil Service Commission, and congratulated him on his recent retirement; · Proclaimed the month of March 2003 as Red Cross Month, which was accepted by Ann Byrnes, Director of West Sound Service Center; and Phyllis Mann, Executive Director of Emergency Management. Ms. Mann challenged the citizens of Bremerton to get a "First Aid Card", and participate in the county-wide "Drop, Cover& Hold"drill on April 3; · Thanked the Poggie Club for their volunteer work in the community, and presented a bronze plaque to the club to be displayed at Gorst Creek; which was accepted by Raymond Frodrick, President of the Poggie Club; and · Reminded the public that "Bremerton Night"would be held in Olympia tomorrow night. PUBLIC RECOGNITION Allen Shute reiterated his concern that verbatim Council meeting minutes were not available. Tom Lonq, First Vice-President with the Bremerton Symphony Association, announced an upcoming concert with classical guitarist "Craig Alden Dell' on Saturday, March 8, 7:30 P.M. at the Bremerton High School Performing Arts Center. Wade Lieseke voiced his opposition to the building of the Bremerton Hotel & Conference Center, which he believes should be put to a vote of the people. 8A - PROFESSIONAL SERVICES AGREEMENT WITH URS CORPORATION AMERICA FOR DESIGN COMPLETION AND LIMITED CONSTRUCTION PHASE SERVICES -WEST 650 PRESSURE ZONE IMPROVEMENTS (#AB03-028): Michael Mecham, City Engineer, said that the engineering consultant for design of the West 650 Water System has terminated its contract with a partially completed design. The City needs to complete this design with professional engineer's certification to proceed with the construction. This construction is required by the City's EDA grant for the West Hills improvements, and must be completed by September 2003. URS CORPORATION AMERICA has nationally recognized expertise for water system design, and has agreed to complete the required design services. It is recommended that City Council approve the Professional Services Agreement in the amount of $181,578. There were no comments from the public. #1033 M/S/C/U (Maupin/Rollman) Move that Council approve the Professional Services Agreement with URS CORPORATION AMERICA in the amount of $181,578 and authorize the Mayor to execute the same, TAPES #1879, #1880, & #1881 City Council Reg. Mtg. Minutes February 26, 2003 Page 3 of 5 9A- PUBLIC HEARING AND RESOLUTION NO. 2886 APPROVING INTERLOCAL AGR~EMENT; CONSTRUCTION AND DEVELOPMENT AGREEMENT; REAL ESTATE CONTRACT AND SECURITY AGREEMENT; AND CONTINUING DISCLOSURE AGREEMENT FOR THE BREMERTON GOVERNMENT CENTER (#AB03-029): Mayor Cary Bozeman provided comments in support of the Bremerton Government Center, and established that this Resolution was being submitted for Council consideration and review with supporting agreements relating to the City's participation in the construction and purchase of an interest through condominium ownership of the Bremerton Government Center. Kathy McCluskey, Administrative Services Director, summarized the history and the progress of this project; LMN ARCHITECTS provided a power point presentation on the building concept and design criteria; a detailed financial report was provided by Michael Wilson, Finance Director; and Ro,qer Lubovich, City Attorney discussed the details of the proposed Resolution, which approves and authorizes the Mayor to finalize and execute, in substantially the same form, the following agreements: · Interlocal Agreement between the Kitsap County Consolidated Housing Authority, Kitsap County, and the City of Bremerton · Construction and Development Agreement between the Kitsap County Consolidated Housing Authority, Kitsap County, and the City of Bremerton · Real Estate Contract and Security Agreement between the Kitsap County Consolidated Housing Authority, and the City of Bremerton · Continuing Disclosure Agreement Allen Shute asked if the building would be ADA accessible. Walt Niehoff of LMN ARCHITECTS established that the building was designed to meet all ADA requirements, and also referred back to slides from the power point presentation to indicate all accessible areas. Mr. Shute then requested that proposed Resolution No. 2886 be read in full into the record, which was done so by Deputy City Clerk Paula Johnston. Helen Miller presented a letter in support of the project, which was included as part of the official record. Wade Lieseke expressed his opposition to this project, and was concerned that the Council had already made up their minds prior to the meeting tonight. Additionally, he expressed his belief that this issue should be placed on the ballot to be voted on by the citizens. TAPE #1880 Lynn Horton provided a brief history of Bremerton to assist in putting this project in current perspective, and urged the Council to be "bold and courageous" in voting to support the project. Tim Mathes was concerned that not enough information has been provided to the public. Helen Miller countered that she has attended numerous meetings in the last three years on the Bremerton Government Center, and that tax payers need to avail themselves to the information. Mr. Shepherd asked LMN ARCHITECTS to provide brief reports on the use of recycled building materials and the use of the art deco theme; and also thanked current Council members, particularly Wayne Olsen, and former Council members for their involvement in this project. Mr. Maupin expressed his support for the building, and believes it would be more cost effective to spend the money now on a new building rather than investing more money to improve the current building. He also provided brief comments on his involvement with the Health District. 5' TAPES #1879, #1880, & #1881 City Council Reg. Mtg. Minutes February 26, 2003 Page 4 of 5 Mr. Younqer provided his reasoning as to why he did not support this project, particularly for financial reasons. He expressed his concern with how the City would finance the Bremerton Government Center, because he felt it was important that the public understood exactly what the costs would be. Gary Tuskber.q discussed the issues raised by Mr. Younger, along with Michael Wilson, Finance Director. Mr. Olsen commended the points raised by Mr. Younger, however, pointed out that many costs have changed due to the number of changes made during the three years, and also that the actual contractor bids were needed, which were not opened until January 23. Lastly, he asked Mr. Wilson to elaborate on the use of real estate property excise tax to fund this project, and the City's bond rating. Norm McClau.qhlan, Director of the Kitsap County Consolidated Housing Authority (KCCHA), was asked to indicate the members of the KCCHA board, which includes Mayor's from all the other cities in Kitsap County. Mr. Ny~lren thanked Mr. Younger for his comments, as well as those of the citizens who were in attendance tonight as he provided his own comments in favor of this project, which he described as a "cornerstone of the downtown redevelopment". Mr. McConnell stated that this was one of the hardest decisions he has had to make as a Council member, and although he too expressed his concern over the debt capacity of the bonds and the parking situation, he was ultimately in favor of the project to lead the way in revitalizing downtown Bremerton. However, he requested answers to several other issues, including the reasoning for advertising office space as "condominiums"; where would the cost come for finishing of the interior such as walls and furniture; what other areas would suffer due to the transfer of $150,000 from the General Fund; could the City afford the cost for continued maintenance; and lastly, if questioned if consideration has been made for the relocation of the clarion bells. Mr. Neihoffwas not able to provide an answer at this time, and indicated this issue would need further study. Mr. Rollman provided his comments, noting that the building would restore civic pride and would be a major piece in the revitalization of downtown, however, his main concern was with the potential lack of parking for the Government Center as well as parking for the Max Hale Center. In addition, he expressed concerns that the City was exceeding bonding debt capacity, and questioned if the City would still have money for maintaining capital improvement projects, and maintaining public safety and streets. Lastly, asked if there would be any attempts to hire local labor. Mr. McClau,qhlan stated that they have taken steps to remind the contractor that this was a "revitalization project", therefore the hiring of local people would be advantageous. TAPE #1881 Mr. Youncler cautioned that the real estate excise tax would be committed for the next 32 years; there would be an additional maintenance expense of $145,000 that could not be paid with real estate excise tax; and referred to a parking study that showed only a 63% parking capacity was expected, while at the same time the City is depending on the parking revenue. Lastly, he pointed out that this project was not a public/private partnership as was indicated earlier, but is rather a project being funded entirely with taxpayer money. Mr. McConnell asked additional questions regarding the debt service reserves and what would happen if all of the construction contingency was not used due to cost overruns. Mr. Wilson responded that there are provisions in the contract which states that a Committee would study the use for the distribution of any left over funds. TAPES #1879, #1880, & #1881 City Council Reg. Mtg. Minutes February 26, 2003 Page 5 of 5 Mr. Short thanked all of the entities involved in this project, the Mayor, the Council, and the citizens who shared their comments. He decided that although the vision for the Bremerton Government Center has changed over the years, he believed the project was worth the risk. #0325 M/SIC (Rollman/Olsen) Move to pass Resolution No. 2886 approving documents relating to the City's participation in the construction and purchase of an interest through condominium ownership of the Bremerton Government Center. Voted in favor of this motion: Rollman, Shepherd, Maupin, Olsen, Nygren, and Short Voted opposed to this motion: Younger and McConnell Motion carried: 6-Yes; and 2-No With no further business, the meeting was adjourned at 9:05 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk CAROL ARENDS, City Council President City of Bremerton CAIPJIIslcge c: Normal Distribution; File 7 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: March 12, 2003 RENEWAL OF FEE AGREEMENTS WITH ORIGINATING DEPT: City Attorney's O/rice OUTSIDE COUNSEL ORIGINATOR: Roger A. Lubovich DATE SUBMITTED: February 27, 2003 2. CLF_,ARA~ES: (Comment on back if necessary) ~ ~~ 3. EXHIBITS: R~ ,~ER A. LUBOVICH, City Attorney PROPOSED ENGAGEMENT LETTERS AND ,,flt~.7.~.* (1.~ ~' _ .//c , EXPIRING FEE AGREEMENTS FOR: / / Jane i~yan l~oler, FISC/~L &/BUDGET CHAIRMAN · Carol A. Morris, PC ~'! p~ ,,~--- · Buckley & Leaders · eating, ucklin McCormack, P.S. ONS CHAIRMAN · McGavick Graves, P.S. ENDORSEMENT [] ,,,--~I)qF~}.RMATION[~ APPROVED FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City Council previously authorized engagement of the below listed law firms to assist in representation of the City of Bremerton in specialized areas. These firms continue to assist the City Attorney's Office by providing specialized representation in areas of code enfomement, land use, employment issues, and civil litigation prosecution and defense. All of the firms' hourly rates are reasonable and all of the firms are highly specialized in the areas that the City engages them. The firms currently engaged by the City of Bremerton are: · Jane Ryan Koler, PLLC · Carol A. Morris, PC · Buckley & Leaders · Keating, Bucklin & McCormack, Inc., P.S. · McGavick Graves, P.S. 5. RECOMMENDATION: 1. Move to approve the engagement of Jane Ryan Koler, PLLC, Carol A. Morris, PC, Buckley & Leaders, Keating, Bucklin & McCormack, Inc., P.S., and McGavick Graves, P.S. 2. Move to authorize the City Attorney to execute the proposed engagement letters in substantially the same form as attached hereto. 6. RESPONSIBLE OFFICIAL: City Attorney ENFORCEMENT OFFICIAL: City Attorney EXPIRATION DATE: N/A REVIEW DATE: 01/01/04 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED I- COUNCIL DIRECTIVE: S. AGENDA BILL NO.: 03-- t0~ [ 9. IMPACT OF NON-PASSAGE: Failure to approve renewal of the fee agreements will result in the City not being able to effectively react to specialized areas of concern. 10. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCF~: The anticipated attorney fees to be expended are unknown at this time, but funds are budgeted in the City Attorney's budget and the Risk Management budget for outside professional services. Professional services expenditures will be restricted to current and future budgetary allotments. 11. RESEARCH SOURCES: Office of the City Attorney Roger A. Cubovlch, City Attorney March 6, 2003 Jane Ryan Koler Jane Ryan Koler, PLLC PO Box 908 Kirldand, WA 98083-0908 Re: Fee Agreement Dear Jane: This letter will serve as a renewal of the Fee Agreement ("Agreement") between the City of Bremerton and Jane Ryan Koler, PLLC (collectively "Parties"), dated March 28, 2002 and April 1, 2002. This renewal will become effective upon execution by Parties. The Parties agree that the Agreement will continue in full force and effect until terminated. The City of Bremerton may terminate representation at any time, with or without cause upon written notice to Jane Ryan Koler. Jane Ryan Koler, PLLC reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. The 2003 hourly rate for services is $150 an hour. The Parties further agree that the hourly rate for services stated herein may, from time to time, and upon approval by the City Attomey, be adjusted to reflect current market rates and conditions. Any rate modifications shall be approved in writing by the City Attorney. All other terms of the Agreement not specifically modified herein shall remain in full force and effect. Reviewed, Approved, and Accepted this --. day of ,2003 CITY OF BREMERTON Roger A. Lubovich, City Attorney Reviewed, Approved and Accepted this day of ., 2003 JANE RYAN KOLER, PLLC Jane Ryan Koler R:\LEGAL\ContractskLEGAL~Koler Renewal.doc LAW OFFICE OF JANE RYAN KOLER, PLLC 620 KIRKLAND WAY, SUITE 200 POST OFFICE BOX 908 KIRKLAND, WA ,8053-0908 ~" 2 Phone: (425) 822-9281 FEE AGREEMENT The Law Office of Jane Koler agrees to provide professional legal services to the City of Bremerton at the rate of $150.00 per hour. No charges will be imposed for travel time, facsimile fees, copying expenses, postage or long distance telephone calls. The City of Bremerton will pay costs incurred for filing fees, messenger services, the service ofproeess, court reporters and any fees for expert witnesses. Reviewed and approved this ~d~ft~day of F-~, 2002. Reviewed and approved this [ day of~ry, 2002. f Jane Koler Office of the City Attorney Roger A. Lubovlch, City Attorney ' Bre~h; W~ 9~37 ~ch 6, 2003 Carol A. Morris Carol A. Morris, PC 321 Bromley Place NW Bainbridge Island, WA 98110 Re: Engagement Letter Dear Carol: This letter will serve as a renewal of the Engagement Letter and Terms of Engagement ("Agreement") between the City of Bremerton and Carol A. Morris, PC (collectively "Parties"), dated March 28, 2002. This renewal will become effective upon execution by Parties. The Parties agree that the Agreement will continue in full force and effect until terminated pursuant to the terms of the Agreement. The 2003 hourly rate for services is $160 an hour. The Parties further agree that the hourly rate for services stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. Any rate modifications shall be approved in writing by the City Attorney. All other terms of the Agreement not specifically modified herein shall remain in full rome and effect. Reviewed, Approved, and Accepted this day of ,2003 CITY OF BREMERTON Roger A. Lubovich, City Attorney Reviewed, Approved and Accepted this day of ,2003 CAROL A. MORRIS, PC Carol A. Morris R:\LEGAL\ContractsXLEGALWIorris Renewal.doc 10,. Law office of - . February 27, 2002 t_ r ,,: ;~ ~d',,~i':O~n-' i !i I Mr. Roger Lubovich Bremerton City Attorney 239 Fourth Street Bremerton, WA 98337 Re: Engagement Letter Dear Mr. Lubovich: In our telephone conversation today, you asked me to forward a letter of engagement to solidify my availability to provide legal advice to the City on certain land use matters. This letter will outline the terms of my representation of the City of Bremerton, should the City choose to engage me. Terms of En_n.n.g~g.ement In my representation of clients, I think it is critical that my clients and I share the same understanding of the attorney-client relationship. To that end, you will find enclosed a copy of my Terms of Engagement. This engagement letter and the Terms of Engagement set forth my agreement with you. Please review both carefully and let me know whether you have any questions or comments regarding our relationship. Legal Fees Bremerton ~.~11 be billed for my services on an hourly basis. My current hourly rate for cities not insured through AWC is $160.00. The rates quoted to you in this letter are for the year 2002. The rate may change after December, 2002, to be effective in 2003. Scope of Services Based on our discussion, you would like me to provide general advice and representation to the City on land use matters, as requested by the City Attorney, from time to time. 321 Bromley Place NW, Bainbridge Island, Washington 98110 (206) 780-3502 Fax (206) 780-3507 1,3 MI Rog¢l Lubovi~,h Febmapy 27, 2002 Page two Other Matters The provisions of this letter and the attached Terms of Engagement shall apply to any other work or matter for which you engage me. I will handle matters on a contingent fee only when and to the extent specifically established in writing in advance of the work. I appreciate your expression of confidence and would like to assure you that I will do my best to provide you with high quality legal services. If you have any question or concerns during the course of our relationship, I encourage you to raise them with me. I look forward to working with you. Verg~urs, ~[OSlIFe THE UNDERSIGNED UNDERSTANDS AND ACCEPTS ALL OF THE TERMS OUTLINED IN THIS LETTER OF ENGAGEMENT AND ATTACHMENTS, AS WRITTEN. Terms hereof are agreed and accepted: Lubovich,-~ty Attorney Date: (Please sign this page and return it to me.) Billing Fees and Costs I will bill Bremerton on a regular basis, normally each month, for all the time spent representing the City and for other costs incurred relating to my work or on the City's behalf The activities for which my time will be billed will include: conference time, whether in person or on the telephone~ document preparation and revision; negotiations~ correspondence; staff or attorney supervision; factual and legal research and analysis; travel on your behalf; and other matters directly pertinent to and related to your business and/or litigation matters. Typical of the costs for which you will be billed would be: filing fees; delive~ fees~ computer assisted legal research~ copying; long distance telephone charges: and travel. Payment; Interest The City agrees to make payment within thirty (30) days of receipt of our monthly statement. Outstanding balances that are not paid when due will accrue interest at the rate of one percent compounded monthly from the date of invoice until paid Termination The City may terminate my representation at any time, with or without cause, by notifying me. Upon such action, all fees and expenses incurred before the termination are due. If such termination occurs, your original papers will be returned to you promptly upon receipt of payment for outstanding fees and costs. If you wish to have a copy of your file at the conclusion of our representation, I will provide it to you at the current copy rate per page then in effect at this firm. Estimates You may, from time to time, ask me for estimates of my fees and expenses either in whole or in part. I am hesitant to give estimates because of their potential inaccuracy. However, if you require it, and if I do provide you with such estimates, they will be based upon my professional judgment, but always with a clear understanding that it is not a maximum or fixed fee quotation. I cannot guarantee that the actual fees and expenses will be at or below the estimates because of factors outside my control Dispute Resolution If you disagree with the amount of our fee, please take up the question with me. Typically such disagreements are resolved to the satisfaction of both sides with little inconvenience or formality. The Washington State Bar Association has a Fee Arbitration Board to assist in the settlement of any fee disputes. Any disputes relating to these Terms of Engagement or the accompanying engagement /5 letter tcoliect~vely ttns "agreement") or the amount ot legal tees related thereto, w~il Be submitted to the Fee Arbitration Board of the Washington State Bar Association for arbitration and prompt resolution, according to its then-effective rules, and we agree to be bound by the results of such arbitration. Inthe event ofnon-payment such that we haveto pursue collection of your account, you agree to pay the costs of collecting the debt, including court costs and fees, and a reasonable attorney's fee. Withdrawal I reserve the fight to withdraw from representing the City if, for any reason, my fees are not timely paid in accordance with this agreement, or for any other appropriate cause: Disclaimer You acknowledge that I have made no guarantees regarding the disposition, outcome, or results of your legal or business matters, and all expressions I have made relevant thereto are only my opinions as a lawyer based upon the information available to me at the time. My beginning work on your behalf will constitute your acceptance of this agreement unless I receive a written objection from you within fourteen (14) days of the date of the accompanying engagement letter. Conclusion Thank you for retaining me. I look forward to working with you. ACORDr CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF iNFORMATION ~RODUCER ~ ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE SEARS & ASSOCIATES, INC. HOLDER. THiS CERTIFICATE DOES NOT AN1END, EXTEND OR PC BOX 10520 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. N~UH~ CAROL A HORRIS COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAV~ BEEN iSSUED T0 THE INSURED NAMED ABOVE FOR THE POLICY PERIOD IN01CATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT ~O WHICH THIS CERT~FICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFOROED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH WORK ERS COMPENSATION AN D D~SCRIPTION OF OpEEATJONSlLOCATIONSIVEHICLESIEXCLUSIONS ADDED 8Y ~NDOESEMENT/SPECIAL PROVISIONS CEETIFICATE HOLDER ~ j ADDITIONAL INSURED; INSU~R LETTEB: CANCELLATION ACORD 25-8 (7/97) I ~ ~ ACORD CORPORATION 1988 / OFFICE OF CITY ATTORNEY 239 4th Street · Bremerton. Washington 98337 · (360) 478-2345 · FAX (360) 478-5161 · E-mail: legal@ci.bremerton.wa.us March 29,2002 Carol A. Moms Carol A. Moms PC 321 Bromley Place NW Bainbridge Island, WA 98110 Re: Engagement Letter Dear Carol: Enclosed is the signed Engagement Letter between yourself and the City of Bremerton. Thank you for assisting the City. Please call if you have any questions. Sincerely, Enclosure RAL:tvs Equal Opportuni~ Employer Office of the City Attorney Roger J. Lubovlch, City Attorney Te~ ~60~47~:2~: March 6, 2003 Ronald R. Leaders Buckley & Leaders 9330 SW 216~ Street Vashon, WA 98070 Re: Professional Services Agreement Dear Ron: This letter will serve as a renewal of the Professional Services Agreement ("Agreement") between the City of Bremerton and Bucldey & Leaders (collectively "Parties"), with and effective date of April 1, 2001, as amended on May 2, 2002. This renewal will become effective upon execution by Parties. The Parties agree that the Agreement will continue in full force and effect until terminated pursuant to the terms of the Agreement. The 2003 hourly rates for services for current matters assigned are: $195 an hour for attomey services, $75 an hour for paralegal services, $45 an hour for legal assistant services, and $30 an hour for word processing. The 2003 hourly rates for services for new matters assigned are: $205 an hour for attorney services, $75 an hour for paralegal services $45 and hour for legal assistant services, and $30 an hour for word processing. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard hilling practices. The Parties agree that the hourly rates for services stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. Any rate modifications shall be approved in writing by the City Attorney. All other terms of the Agreement (as previously amended) not specifically modified herein shall remain in full force and effect. Reviewed, Approved, and Accepted this day of ,2003 CITY OF BREMERTON Roger A. Lubovich, City Attorney Reviewed, Approved and Accepted this __ day of ,2003 BUCKLEY & LEADERS Ronald R. Leaders R:\LEGAL\Contracts\LEGAL\Leaders Renewal.doc AMENDMENT NO. 1 This Amendment No. 1 modifies the Professional Services Agreement between the City of Bremerton ("City") and Buckley & Leaders, with an effective date of April 1,2001 (the "Agreement"). 1. Effective Date. This amendment shall be effective on the date this amendment is signed by both parties. 2. Term. Section II, Term, of the Agreement shall be deleted in its entirety and replaced with the following: This Agreement commences on April 1,2001 and will continue in full force and effect until the City shall terminate the Agreement. 3. Compensation. Section III, Compensation, of the Agreement shall be deleted in its entirety and replaced with the following: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel for services rendered and invoiced monthly. Payment will be made based on an hourly rate not to exceed $195.00 per hour for attorney services, $75.00 per hour for paralegal services, $45.00 per hour for legal assistant services, $30.00 per hour for word processing and out-of-pocket expenses in accordance with Retained Counsel's standard billing practices. These fees shall remain fixed through December 31, 2002, at which time the parties shall adjust the fees to reflect increases consistent with Retained Counsel's then current annual increases in hourly rates for similar services. 4. Termination. The City shall have the right to terminate this Agreement or any portion of services being provided by Retained Counsel under this Agreement at any time with ten (10)days prior written notice at the City's sole discretion for any reason whatsoever. 5. Task Budgeting and Planning. The Retained Counsel shall provide quarterly projections of levels of effort, budgets and litigation and dispute resolution plans for discussion with the City Attorney. This planning effort is intended to allow for full City input and involvement in the planning and implementation of the City's legal activities being provided by Retained Counsel. Except as expressly modified herein, all remaining provisions in the Agreement shall remain in full force and effect. CITY OF BREMERTON BUCKLEY & LEADERS. B2~: 52/Z,v/O ~..r By: Ronald R. Leaders Date: Date: \\TERRI\C\DATA\RRL\B RE M~AM END01 o9,0 PROFESSIONAL SERVlC ES AGREEMENT BUCKLEY & LEADERS The City of Bremerton (~City") and Buckley & Leaders ("Retained Counsel"), referred to collectively as the ~Parties", enter into the following ,~greement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton in City of Bremerton vs. Pape & Sons Construction, Inc. No 00 2027046 filed in Kitsap County Supedor Court and provide legal advice on other matters on an as requested basis. II. Term: This Agreement commences on Apdl 1. 2001 and terminates on December 31, 2002. III. Compensation: In consideration of the services provided pursuant to this Agreement, The City shall pay Retained Counsel in a total amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00). Payment will be made based on an hourly rate not to exceed $195.00 per hour for attorney services and $75.00 per hour for paralegal services. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits adsing or alleged to have adsen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to adse solely from the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the City's Director of Public Works and Utilities or a Bremerton Assistant Attorney, Retained Counsel 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. B. Entire A,qreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. Buckley & Leaders 3/27/01 - Page 1 E. Notices: Notices shall be in writing and delivered to the following addresses: Gene Sampley Ronald R. Leaders Director of Public Works & Utilities Buckley & Leaders 239 Fourth Street 9330 SW 216"' Street Bremerton, WA 98337 Vashon, WA 98070 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes adsing out of this Agreement shall be brought in Kitsap County Supedor Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color national odgin, sex, religion, age, madtal status, or disability, except for employment actions based on bona fide occupational qualification. CITY OF BREMERTON BUCKLEY & LEADERS S. H'orton, Mayor By: ~ON~.~ F~. Buckley &. Leaders 3/27/01 - Page 2 Office of the City Attorney Roger A. Lubovlch, City Attorney ~ : ~0~473-2~45 March 6, 2003 Mark R. Bucklin, President Keating, Bucklin & McCormack, Inc. P.S. 800 Fifth Avenue, Suite 4141 Seattle, WA 98104-3175 Re: Engagement Letter Dear Mark: This letter will serve as a renewal of the Engagement Letter ("Agreement") between the City of Bremerton and Keating, Bucklin & McCormack, Inc., P.S. (collectively "Parties"), dated February 7, 2002, and accepted on March 28, 2002. This renewal will become effective upon execution by Parties. The Parties agree that the Agreement will continue in full force and effect until terminated. The City of Bremerton may terminate representation at any time, with or without cause upon written notice to Keating, Bucklin & McCormack, Inc., P.S. Keating, Bucklin & McCormack, Inc., P.S. reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. The 2003 hourly rates for services are: $175 an hour for Shareholders, $165 an hour for Senior Associates, and $155 an hour for Associates. When attorneys use their private cars for travel, the reimbursement rate is $0.45 per mile and copies are reimbursed at $0.20 per copy. The Parties agree that the hourly rate for services and reimbursement rates stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. Any rate modifications shall be approved in writing by the City Attorney. All other terms of the Agreement not specifically modified herein shall remain in full force and effect. Reviewed, Approved, and Accepted this __ day of ,2003 CITY OF BREMERTON Roger A. Lubovich, City Attorney Reviewed, Approved and Accepted this __ day of ,2003 KEATING, BUCKLIN & McCORMACK Mark R. Bucklin, President R:\LEGAL\ConeractsXLEGAL~-~eating Bucklin Renewal.doc o23 February 7, 2002 Roger Lubovich, City Attorney CityofBremerton ~ : ' 9 ' 239 Fourth Street Brernerton, WA 98337 ' RE: Providing Legal Services to the City of Bremerton by Keating, Bucklin & McCormack, Inc., P.S. Dear Roger: This letter will memorialize our discussion on the phone of February 6, 2002. As I understand it, as the new City Attorney of Bremerton, you have been given authority to administer risk management and defense of legal claims and lawsuits against the City of Bremerton. In that regard, you have expressed interest in retaining the services of our law firm to assist in the defense of the City of Bremerton in current pending lawsuits and potential future lawsuits. We would be pleased and honored to be able to provide such services to you as needed at your direction. As you know from prior experience, this law firm devotes the vast majority of its efforts in advising and representing governmental entities in all matters for which they may be sued for civil damages. For 20 years, I have served as General Counsel to Washington Cities Insurance Authority, and our firm has been the primary defense firm for all civil litigation matters involving WCIA in the Puget Sound region. Additionally, we represent the University of Washington, the Seattle School District, the City of Bellevue, and the State of Washington, as well as other governmental entities on selected cases. While I know you are familiar with most of the attorneys in this office, we have added several ne~v attorneys in the last year and I am, therefore, providing you an updated firm resume listing all our current attorneys and their positions within the firm. Washington State Bar regulations require that we have some form of written fee agreement with every client. To that purpose, I will reiterate that the rates that we would charge the City of Bremerton would be those that we charge our best municipal governmental clients. For the year 2002, our charges ~vould be $170 an hour for Shareholders, $160 an hour for Senior Associates, and $150 an hour for Associates. When attorneys use their private cars for travel, we request 45¢ per mile reimbursement. We also seek reimbursement of 20¢ per copy for photocopying and faxes. We also cost bill for long distance telephone charges. We will cost advance file-related direct expenditures up to $50.00, but would normally forward larger bills Roger Lubovich. City Attorney Febma~ 7, 2(102 Page 2 directly to the client for payment. However, we can make other arrangements with you as to cost advances if you so desire. We have been fortunate in sharing a philosophy with our municipal clients that, whether or not we are in federal court or state court, we will aggressively pursue defense in those claims and lawsuits that are not meritorious. This includes either seeking early summary judgments and/or preparing our clients to take cases through trial that do not merit settlement. Likewise, we try and give early accurate evaluation of cases for the clieat's determination of those matters which merit consideration for settlement. We believe in being cost-efficient for our clients, but also well prepared to take any matter to trial that the client wishes us to defend in court. We would look forward to the same shared philosophy and support in any matters that we would be requested to defend for the City of Bremerton. Once again, thank you for your interest and confidence in this law firm. We look forward to working with you on behalf of the interests of the City of Bremerton. If these terms and conditions for our representation as represented in this letter meet with your approval and that of the City of Bremerton, please send me your written confirmation of that agreement. We are required by the Washington State Bar Association to have a written fee agreement with every client. To facilitate this, I have placed a signature line for you below this letter, which you may sign and return to me if find the terms and conditions acceptable. Cordially, Mark R. Bucklin, President MRB:rg Enclosure: copyoffirm resume The above-stated terms for fees and costs for representation of the City of Bremerton by Keating, Bucklin & McCormack, Inc., P.S., are accepted for 2002 by the City of Bremerton. F~n~ c l~ Dated this?~_~-4ay of Fc~raary, 2002. CITY OF BREMERTON Rc~er Lubovich ~') City Attorney for the City of Bremertrrff'"~-~'~ C \rg~mrb\miscellaneous\l-0207 lubovich doc T~on~, Wa~h~ 9~02-3534 L Paul Alve~ Ed~ ~ ~nds~ O R A V E S .T~lcphonc ~3) 62%1181 ATIOR N ~Y~ AT kAW F~(~3)~27-2~7 l~W. Fulms B~Jo~yl~sl~r · A P~io~ ~gms Co~o~H~ Edwa~ ~ Lin~ffom ~abma~ 27, 2003 ~. Me~i~k t~-~) Roger Lubovich City Attorney City of Bremerton 239 Fourth Street Brernerton, Washington 98337-1921 Re: Letter of Engagement - Legal Services Dear Mr. Lubovich: McGavick Graves, P.S. will perform legal services for the City as requested by the City Attorney. The services shall include, but not be limited to, providing.advice and/or ~epresentation .on labor and employment, land use, litigation and public lending. I will be the lead attorney, but other shareholders and associates are available depending upon the issues to be addressed and/or to provide back-up. My billing rate for the City of Bremerton is currently $200.00 per hour and I am attaching a fee schedule for all attorneys, which schedule is now in effect, These rates are reviewed annually, and are curranfly under review. Any rate increases under this Letter of Engagement must be approved by the City Attorney. In entering into this Letter of Engagement, McGavick Graves, P.S. will serve as an independent contractor and shall pedorm independent functions and .responsibilities within its field of expertise. McGavick Graves, P.S. shall have no authority to bind the City or to control the City's employees or other contractors, McGavick Graves, P.S. is responsible for all taxes and license fees necessary to perform its obligations under this Letter of Engagement. Roger Lubovich MCGAVICK Bremerton City Attorney G A A V E S 'February 27, 2003 ATTORNEY$ AT LAW Page 2 This Letter of Engagement may be terminated by either party upon ten (10) days written notice to the other party. Edward R. Lindstmm Accepted by the City of Bremerton this . day of Maroh, 2003. Title: 2002 BILLING RATES (Revised 05/2002) ATTORNEYS PER HOUR .RANGE Ray Graves 225-300 Robert L. Beale 200-225 Larry B, McNerthney 200-225 Gregory H. Pratt 200-225 Henry Haas 165-200 William P. Bergsten 160-200 K. Michael Jennings 210-255 ROy F. Kussmann 230-250 Edward R, Lindstmm 200-250 Barbara Jo Sylvester 225-250 Malcolm C. Lindquist 215-250 Dennis P. Greenlee, Jr. 175,200 L. Paul Alvestad 180-225 Loren D. Combs 185-225 James W. Feltus 180~200 Gregory A. Jacoby 175-190 Gregory F. Amann 150-170 Joseph P, Zehnder .140-160 Dave J, Luxenberg 140-160 Angela L. Olsen 130-160 Gregory R. Fox 140-150 Peter J. Allen 125-145 Law Clerks 90 Legal Assista .nt~ Lennette N, Mathews 55-80 Teresa M. Stephenson 55-80 Jeanette L. Doyel 55-80 Joyce E. Thomas 55-85. Tina O. Kropelnicki 55-80 Becky Scellato 55-85 Brenda S. Cothary 55-80 EXPENSE 'REI.~.B=URSEMENT POLICY The firm will bill to the client its costs expended for filing fees, recording fees, investigator charges, messenger fees, long distanco phone charges, travel expenses, computer assisted research, etc. Additionally, the firm will charge its incidental expenses in accordancelwith the following schedule: Mileage expense: 31¢ per mile . Photocopies: 15¢ per copy Telecopier usage: Incoming - no charge Outgoing - $1.25 per page PROFESSIONAL SERVICES AGREEMENT McGavick Graves Legal Services The City of Bremerton ("City") and McGavick Graves, ("Contractor"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Contractor will represent the City of Bremerton on legal issues and cases as assigned by the Mayor and Council. A Letter of Engagement signed by the City and Contractor that establishes the scope of services and cost will accompany each assignment. II. Term: This Agreement commences on October 1, 2001 and terminates on December 31, 2002. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Contractor a rate not to exceed Two Hundred and No/100 Dollars ($200.00) per hour for litigator, partners, associates or counsels to the firm. Office and paralegal services will be billed at their actual hourly rate. Total compensation is capped at Fit~ Thousand Dollars ($50,000.00). IV. Relationship of Parties: Contractor possesses legal and litigation skills and can perform independent ftmctions and responsibilities within its field of expertise. Comractor and its personnel are independent contractors and not employees of the City. Contractor and its personnel have no authority to bind the City or to control the City's employees and other contractors. As an independent contractor, Contractor is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Contractor or its personnel. As an independent contractor, Contractor is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insm-ance, 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 fi.om the delinquency, from any payments due Contractor. V. Insurance and Hold IIarmless: Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: 1) a professioml liability policy ("E&O") providing coverage of Two Million Dollars ($2,000,000.00) for errors and omissions conmaitted by Contractor while performing its obligations under this Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at least $500,000 per occurrence and including bodily injury and property damage. The CGL shall name the City as an additional insured. Both policies shall remain in full fbrce and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage ofekher policy. PSA - McGavick Graves Page 1 of 3 30 Contractor shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Contractor agrees to defend, indemnify, and hold harmless the City and its officials and employees fi.om and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Contractor, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Contractor have specifically negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Contractor's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely fi.om the acts or failures to act of the City. VI. 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 mounts. B. Entire Agreement: This Agreement and its Exhibits constitute the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severabiliw: Should any of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by beth parties. E. Notices: Notices shall be in writing and delivered to the following addresses: City Contractor City of Bremerton McGavick Graves 239 Fourth Street 1102 Broadway, Suite 500 Bremerton, WA 98337 Tacoma, WA 98401-1317 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out oft~s Agreement shall not be deemed waiver of any other right or power. G. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and local laws in perfornfing its obligations under this Agreement. PSA - McGavick Graves Page 2 of 3 H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VII. 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. VIII. Termination: ~fis Agreement may be terminated, at will, by the CiD' upon thirty (30) days' notice to the Contractor. The City may immediately terminate this Agreement for cause if the Contractor substantially fails to perform and does not commence correction of the failure of performance within five (5) days of the City sending notice to the Contractor. Upon termination the City will be entitled to reports showing the status and/or all work products, independent of their stage of completion or preparation format. Departmental Approval: KATI-ILEEN L.~cCUUSKE¥ Administrative Services Director // Approved as to form: Contract Attorney I~CEIVED FOR FILING: KATHLEEN L. McCLUSKE¥, City Clerk PSA - MeCravick Grav~s Page3 of 3 ~-- AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: March 12, 2003 APPROVAL OF PUBLIC WORKS AGREEMENT ORIGINATING DEPT: Community Development WITH B ~ I ~. ~, ORIGINATOR: Janet Lunceford DATE SUBMITTED: February 27, 2003 (Comment on back if necessary) 3. EXHIBITS: PROPOSED PUBLIC WORKS AGREEMENT APPROVED FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City pursuant to a court ruling anticipates receiving an order authorizing clean up of property located at 1701 Pennsylvania Avenue, Bremerton, Washington. The proposed contract is for clean up of the property. 5. RECOMMENDATION: Move to approve the proposed contract and authorize the Mayor to execute the same in substantially the same form as presented herein. 6. RESPONSIBLE OFFICIAL: Code Enforcement Officer ENFORCEMENT OFFICIAL: Code Enfomement Officer EXPIRATION DATE: N/A REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED~ D~T~: C, COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 05 '- 03oT 33 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and BRC Incorporated ("Contractor"), whose mailing address is PO Box 2330, Buckley, Washington 98321. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Removal and disposal of equipment, material, and other items from property identified for clean- up as directed by the Code Enforcement Officer and as indicated in the Scope of Work attached as Exhibit A. 2, COMPENSATION. The City shall pay the Contractor the sum of $26,500 (Contract Price), plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement and according to the rates indicated in the Scope of Work attached as Exhibit A. 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. The Contract Price may be adjusted pursuant to Section 6. Any adjustments in Contract Price shall proportional to the change in the Scope of Work. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the mquimments of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any mason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and PUBLIC WORKS AGREEMENT Page 1 of 8 (between the City of Bremerton and BRC Incorporated) 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 amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) 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. 3. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 4. TERMINATION. Either party may terminate this agreement for any reason with or without cause on ten (10) days prior written notice to the other party. 5. 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 rote provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 6. CI-IANGES. 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 right to make any claim or submit subsequent change order requests for that portion of the contract PUBLIC WORKS AGREEMENT Page 2 of 8 (bem'een the City of Brernerton and BRC Incorporated) 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 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. PUBLIC WORKS AGREEMENT Page 3 of 8 (between the City of Bremerton and BRC Incorporated) 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). 7. 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 mason, 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 6.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. 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. 8. 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. 9. 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 attomey 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. PUBLIC WORKS AGREEMENT Page 4 of 8 (between the City of Bremerton and BRC Incorporated) 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 MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 10. 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 from 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 Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); 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. PUBLIC WORKS AGREEMENT Page 5 of 8 (between the City of Bremerton and BRC Incorporated) ,~_ 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 mall, return receipt requested, of any cancellation, suspension or material change in coverage. 11. 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. Compliance with Laws. Contractor shall comply with all federal, state and local laws, roles and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing Law. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and roles of the Irdtsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this agreement. PUBLIC WORKS AGREEMENT Page 6 of 8 (between the City of Bremerton and BRC Incorporated) 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 after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severabilit¥. If any one or more sections, sub-sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Cary Bozeman Title: Title: Mayor DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: BRC Incorporated Janet Lunceford, Code Enfomement Officer PO Box 2330 286 Fourth Street Buckley, WA 98321 Bremerton, WA 98337 PUBLIC WORKS AGREEMENT Page 7 of 8 (between the City of Brernerton and BRC Incorporated) APPROVED AS TO FORM: ROGER A. LUBOVICH Bremerton City Attorney ATTEST: Bremerton City Clerk R:\LEGAL\Contracts'~DCD~BRC Incorporated PW Agr..doc PUBLIC WORKS AGREEMENT Page 8 of 8 (between the City of Bremerton and BRC Incorporated) Exhibit A Scope of Work 1. Intent of the Contract. The work included in this Contract consists of the handling, compaction, consolidation, loading, transport, disposal, recycling or recovery of all designated items located at 1701 Pennsylvania Avenue in Bremerton, Washington. A general listing of the items is listed below. The Contract includes, but is not limited to providing all materials, labor, equipment, supplies, and licenses necessary for the removal, salvage, destruction, disposal, recycling and/or recovery of all items identified below as well as traffic control, containment of hazardous materials, site security, and the over the road transport of materials for final disposition off the site. The Contract does not include the removal or handling of hazardous waste not associated with the removal of identified items. The salvage value provided in the Contractor's bid shall be credited to the Contract to off-set the cost of abatement actions. The work to be completed is as follows: · As required, obtain permits to accomplish all work. · Mobilize all equipment, materials, and manpower necessary to complete work. · Prepare work areas at the site for handling and loading materials for off-site transport and the on-site containment of hazardous materials. · Remove hazardous materials from vehicles, vessels, equipment, and materials (as required) for the off-sit transport and final disposition. · Use on-site crushing and baling, and/or off-site hauling to remove ALL vehicles, vessels, equipment, and materials for final disposition. This work may involve disposal, salvage, recycling, or recovery methods. · Demobilize all equipment and materials used in the performance of the project, and restore any damage to the properties that occurs during the project. · Deduct salvage value from the total cost of completing all work · Comply with the terms of the Kitsap County Superior Court Order entered in Kitsap County Superior Court Cause No. 97-2-01749-3, which authorizes the City of Bremerton's contractor to go onto the property and bring conditions on the property into compliance with the Court's May 8, 1998 injunction. This work is being performed under the Kitsap County Superior Court Order attached hereto, which authorizes the City of Bremerton and their agents (i.e., Contractor) to abate the nuisance generated from the accumulation of vehicles, vessels, materials, and equipment. Removal of the vehicles and vessels will require compliance with Hulk Hauling and marine licensing requirements (WAC 308-65 and WAC 308-93). The city will provide additional license information and registration, as necessary, for the removal and final disposition of vehicles, vessels, and materials at the property. 2. Increased or Decreased Quantities. The Contractor shall document any changes to the quantities of designated items to be removed from the site. Increases or decreases in quantities that affect the lump sum price, including either base amount or salvage credit, shall be reported to the City of Bremerton in writing. The lump Scope of Work Page 1 of 3 sum amount shall be adjusted to reflect changes in quantities based upon the equivalent of track loads or other basis as agreed upon by the parties. SESKO PROPERTY INVENTORY PENNSYLVANIA AVE CONDUCTED MARCH 5, 2003 BY JANET LUNCEFORD KEN BROWN TRUCKS, TRAILERS, CARS, HEAVY EQUIPMENT Truck, GMC, 18,000 GVW, License HZ 2875, Length = 31' Truck, International, License LP 5556, with building on truck bed (see bldg description below) Truck, REO w/o bed, single axle w/dual tires Truck, GMC, ID No. T17DEAV607507, 30,000 GVW, single axle, blue Car, Ford Mustang, White, License 806 KUI Trailer, 20', dual axle, no license, white, ID Tag near door 54315S658 Crane, International truck, 22', dual axle, Boom missing, A Frame hoist on front. Forklift, Athey Prod Corp, 1975, Model ARTFT-6 Ser Gl614, 6000# cap, partially dismantled Service stair, hydraulic, 4 tire, 22' long x 4' wide x 10' high Boat Gangway, 3.5' wide x 45" tall side rails x 39' long. Alum grating, wood side flooring BOATS Boat, 22 ½ foot, wood hull, single axle trailer, WN5936D(loose board), engine, hull cutout Boat, 16' fiberglass with loose canopy rail supports, WN 9811 E OTHER EQUIPMENT AND MATERIALS Green metal building 12.5' x 7' x 6'-10" tall, perhaps originally truck mounted Wooden house, 22' x 16.5' x 7'-8" high w' 3' roof overhang, on track (see above) Scrap wood, boat cushion, wire, misc in above wooden building Truck tires, 4 ea 11.00 - 20, mounted Truck tire, 1 ea 9R 22.5, mounted Car tire, 1 ca, mounted 4" dia steel pipe, 2 ca ~ 12.5 feet (setting on hydraulic stair) Misc grating Catch Basin, Type 1, 1 ea Mist steel pipe, 2", 100 feet and 3", 20 feet Wood beams 10" x 24" x 40' long, 2 ca Wire rope, 3/8", 40 feet Barb wire fence holder supports, 3 ea Concrete floats, foam filled, 8.5' x 3' x 3.5' high, 4 ea Concrete floats, foam filled, 10' x 5' x 4' high, 3ca Fence section, chain link, 6.5' x 8' high Gate, chain link, 4' x 6.5' BBQ, standard charcoal Heavy metal troughs or molds or counter weights, 16" x 48" x 15" x 2.5" thick Ecology block, 6' x 2' x 2', 1 ea Manhole cover, 1 ea Scope of Work Page 2 of 3~"t] Pile of 1-¼ wood concrete forms Pile of lumber, 4x4, 4x6, 8x8, with 3 pallets Boat hatch cover, 3.5' x 4.5' x 1.5' Cyclone fence slats, plastic, 25 ea PVC robing, V2", 20' Garden hose Car battery Sludge in 5 gallon container, 2 gallons Safes, 22" x 22" x 36", 2ca Exhaust pipe with muffler 3" dia rope, rotten, 20 feet Plastic tubing, 5-1/2", 15' long, 3 ea 2" x 2" angle iron Plastic tube, 4-1/2", 15' long, 1 ea Wood plank, 4' x 8' x 10' Bracket, 2 V2" dia, metal, 10' long, curved with hook on one end Steel fence posts, 2 ea Concrete slab, 3' x 6' x 3", 1 ea Concrete slab, 1' x 6' x 3", 1 ea Styrofoam floats under fiberglass 16' boat (see above), 4 ea Plastic flower pots, 30 ea R:\LEGAL\ContractsXDCD\Scope of Work.doc Scope of Work Page 3 of 3 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Contract Modification Agreement No. 1 FOR AGENDA OF: March 12, 2003 To Professional Services Agreement with HDR ORIGINATiNG DEPT: PW&U Engineering Division Engineering for CSO Program Engineering Design ORIGINATOR: Michael Mecham, City Engine.e~-'? '?. Services. DATE SUBMITTED: Febmary 24, 2003 2. CLEARANCES: (comment on back if ne~ss~gy)/, 3. EXHIBITS Director, Pubhc Works/Uhht~es .~. A. Contract Modification Agreement No. 1 City Attorney Finance Director [..~,,It%.~,. Council Budget & Finance Committee ~, Council Operations ~ ENDORSf~}~;~' ~'~"-~TION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: MAY~ ~/(,,,,d.-~-~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City contracted with HDR Engineering, Inc., to perform design for the Callow Avenue Basin, Priority 5 Storm Sewer Separation Project, and the Trenton/Cherry Basins CSO Reduction Improvements in a single contract. This Contract Modification Agreement No. 1 supplements the Construction Management scope and budget to provide assistance during construction and start-up of the EB-2 Pump Station, and other work performed in completing the Trenton/Cherry CSO Reduction design. The requested action before the City Council is approval of an amendment to the existing Professional Services Agreement with HDR Engineering, Inc., in the amount of $84,300. 8. RECOMMENDATION: The City Council approve Contract Modification Agreement No. I to the Professional Services Agreement with HDR Engineering, Inc., in the amount of $84,300 and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED A~I~ COUNCIL DIRECTIVE DAT 11. AGENDA BILL NO: 0S- 03~. 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: City staff would not have access to the design consultant during construction and start-up of the EB-2 Pump Station. Certain Trenton/Chen-y design activities would need to be completed by staff. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Staffing: No Impact Budget: This project is funded by a combination of Public Works Trust Fund and State Water Pollution control Revolving Fund loan funds. This project is included in the 2003 budget. Facilities/Equipment: 7. RESEARCH SOURCES ab, Agenda Bills 2003, Contract Modification Agreement No. 1, CSO Program Design Svc CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND HDR ENGINEERING, INC. PROJECT Trenton/Cherry Basins CSO Reduction Improvements CONSULTANT HDR Engineerine, Inc. THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Professional Services Agreement AGREEMENT (the "Contract") entered into between the City of Bremerton and HDR EngineeringT Inc., on March 6~ 2001. All provisions in the Contract shall remain in full force and effect except as expressly modified by this document. Whereas completion of design and additional Construction Management scope was requested the City of Bremerton, HDR Engineering, Inc., desires to modify thc contract as further described in Attachment A. For valuable consideration and by mutual consent o£ the parties, the modifications to the Contract are as follows: I. Exhibit A (Scope of Work), is modified as follows: See Amended Scope of Work attached as Attachment A. Exhibit B (Compensation), is modified per Attachment A. The original contract amount was Six Hundred Twelve Thousand Three Hundred Dollars ($612~300.00}. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed Ei~htv Four Thousand Three Hundred Dollars ($84~300.00) for a total amended contract amount of Six Hundred Ninetw Six Thousand Six Hundred Dollars ($696~600.00), including this Contract Modification. II. Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant further agrees that this Contract Modification constitutes full and final settlement of all claims for contract time and for all costs of any kind, including costs of delays, related to any work either covered or affected by this Contract Modification. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into a contract modification that is binding on the parties of this contract. CONTRACT MODIFICATION I Februm-5 24, 2003 Drojec! Nulllber: /'~8 ab, Contract Modiflcat,ons. Trenton/Cherry, Basin (-SO Rcductio,1 IN WITNESS WHEREOF, the parties have executed this Contract Modifications on the day and year first written above. Division Mgr - approved to process Initials and Date Dept. Director - approved to process Initials and Date CONSULTANT THE CITY OF BREMERTON By_ By Cary Bozeman Its Its Mayor DATE: DATE: APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Mr. Gary Bleeker City Clerk Senior Vice President City of Bremerton HDR Engineering, Inc. 239 Fourth Street 500 - 108th Avenue NE Bremerton, WA 98337 Bellevue, WA 98004-5538 (425) 453-1523 CONTRACT MODIFICATION '~ Februar) 24. 2003 Project N umber: /ltl~ ab, Contract Modifications. trenton/Cherry Basin CS, O Reductio,1 ATTACHMENT A CITY OF BREMERTON CSO PROGRAM ENGINEERING DESIGN SERVICES ADDITIONAL SCOPE ITEMS Task 601 - Gravity and Pressure Sewer Final Design Consultant Responsibilities 1. Design two gravity sewers along Lower Shore Drive north of Pitt Avenue to protect adjacent properties. 2. Contract with specialty pipeline cleaning consultant (SFE Global) to assist m design ofbeachmain cleaning facility configuration. Budget The cost for providing the additional design is $9,600. Task 602 - Rehabilitation Design of 18-inch Sewer from Pitt and East l0th to OF-7 Consultant Responsibilities 1. Incorporate side sewer rehabilitation into design. Budget The cost for providing the additional design is $4,000. Task 603 - Design of EB-2 Upgrade Consultant Responsibilities 1. Design the pump station to operate as two independent lift stations. 2. Provide exhaust fans for the vaIve vaults to include vent piping, fans and electxical provisions. 3. Develop Change Order to incorporate construction of the EB-2 £orcemain into the EB-2 Pump Station construction contract. Budget The cost for providing the additional design is $10,400. Task 604 - Construction Assistance Consultant Responsibilities 1. Attend construction meetings as requested by the City. 2. Review contractor construction sequence plan as requested by the City. 3. Review EB-2 contractor electrical, mechanical, and structural technical shop drawing submittals. 4. Respond to contractor or City requests for clarifications (RFC). 5. Work with the City and Contractor to develop a pump station start up plan and provide 120 hours of start up assistance. Start up assistance will include verification of PLC input/output and remote SCADA alarm communication and verification. City Responsibilities: 1. Process and monitor submii~al review. 2. Provide direct communication with the contractor. Assumptions: 1. Three separate construction contracts will be issued for bids. The beach force main for the EBb2 pump station will be constructed as a change order under the contract for the pump station. 2. Up to 25 shop drawings will be reviewed including electrical, structural, architectural, and mechanical submi~als. The review of the shop drawings will average 4 hoars each. 3. Responses will be provided for up to 25 requests for clarifications. The responses to RFCs will average 1.5 hours each. 4. Eight site visits are required for construction meetings or other trips to Bremerton. This does not include the 15 days of start up assistance. Work Products: 1. Shop drawing review comments. 2. Responses to requests for clarifications (RFC) 3. Proposed pump startup testing procedures and field notes of start up inspection. 4. Meeting notes. Budget - Construction and Startup Assistance. Thc cost for providing construction and startup assistance is $61,300. The existing construction allowance of $15,500 will be credited against this amount resulting in a net increase of $45,800. Task 605 - Pump Station Operation and Maintenance System Manual Consultant Responsibilities: 1. Develop an operation and maintenance (O&M) manual for the EB-2 pump station and Trenton Basin sewer system. This O&M manual will describe the operational features of the pump station and conveyance system and supplement thc equipment and O&M equipment manuals provided by the contractor and thc suppliers. City Responsibilities: l. Provide valve and equipment numbers. 2. Provide draft review comracnts. Assumptions: l. The outline of the O&M manual is summarized below. The manual will be prepared in Microsoft Word. EB-2 Pump Station and Trenton Sewer System Location and General Description Trenton Conveyance System EB-2 Pump Station EB-3 Pump Station East Bremerton Beach Main and Inverted Siphons Basin Design Flows EB-2 Local Flow Pumps EB-2 High Flow Pumps Valves Dry Weather System Normal Operation Wet Weather System Normal Operation Abnormal Operations Pump Controls Potable Water System Alarms Standby Engine Generator and Electric Power Supply Maintenance Features Draining EB-2 High Flow Wet Well Pipe Cleaning Pigging 2. The following figures will be developed for the O&M manual. The figures will be either 8.5 by 11 inches or 11 by 17 inches. These figures will be adapted from the CSO Reduction Plan, contract drawings, or other sources. Color will be used in the figures where indicated. Figures will be prepared in AutoCAD. O&M Figures Location Map Trenton Basin Conveyance System Flow Diagram and Hydraulic Profile East Bremerton Beach Main Hydraulic Profile EB-2 Pump Station Site Plan EB-2 Pump Station Valve Numbering EB-2 High Flow Pump Curves OF-7 Site Plan and Dry Weather Flow Pattern (Color) OF-7 Site Plan and Wet Weather Flow Pattern (Color) EB-2 Pump Station Dry Weather Flow Pattern (Color) EB-2 Pump Station Wet Weather Flow Pattern (Color) EB-2 High Flow Pump Speed Control Diagram Work Products: 1. Draft O&M manual (5 copies) 2. Final O&M manual: 10 printed copies, 2 CD disk copies. Budget The cost for developing the O&M manual is $14,500. Cost Summary for Trenton/Cherry A summary of the contract cost changes is presented below. Total Fixed Fee Cost Complete Gravity and Pressure Sewer Final Design $9,600 $600 $9,000 Complete Rehabilitation Design of 18-inch Sewer from Pitt and East l0th to OF-7 $4,000 $375 $3,625 Complete the Design of EB-2 Up.adc $10,400 $900 $9,500 Construction Assistance $61,300 $6,250 $55,050 Existing Construction Assistance Budget ($15,500) ($1,660) ($13,840) EB-2 Pump Station and Trenton Basin Sewer System _O&M Plan $14,500 $1,400 $13,100 Total Change in Contract Amount ] $84,300 I $7,865 [ $76,435 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: March 12, 2003 NOTICE SEEKING PUBLIC COMMENT FOR EPA ORIGINATING DEFT: Economic Development BROWNFIELD GRANT APPLICATION ORIGINATOR: Gary Sexton DATE SUBMITTED: March 7, 2003 2. CLEARANCES: (Comment on back ifnecessary) 3. EXHIBITS: ~ [ -- ~" ~ ~ PRESS RELEASE OF MARCH 6, 2003 RO~ER A. LUI~i3VICH, City Aff6mey Scheduled for Committees 3/11/03 FISCAL & BUDGET CHAIRMAN Scheduled for Committees 3/11/03 APPROVED FOR SUBMITTAL: OPERATIONS CHAIRMAN COUNCIL PREStDENT ENDORSEMENT [] INFORMATION [] MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton and Kitsap Transit Authority are seeking public comments on the City's pending application to the U.S. environmental Protection Agency (EPA) for a Brownfields grant that could secure up to $600,000 for cleaning up brownfield sites located in Bremerton, Washington. Comments will be accepted from Monday, March 10 through 5 p.m. Friday, March 14, 2003. The City of Bremerton's complete grant application will be available for public review at its regular general council meeting on Wednesday, March 12, 2003. 5. RECOMMENDATION: No Council action required. 6. RESPONSIBLE OFFICIAL: Gary Sexton ENFORCEMENT OFFICIAL: Gary Sexton EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED~T]~ COUNCIL DIRECTIVE: 03-03,./ fl. AGENDA BILL NO.: 9. IMPACT OF NON-PASSAGE: 10. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: 11. RESEARCH SOURCES: 01/29/1994 05~39 13606975815 GRANT SOLUTIONS ! PAGE 02 March 18, 2003 Tim Brincea~eld EPA Region 10 Office of Brownfields Cleanup and Redevelopment 1200 Sixth Avenue (ECL-112) Seattle, WA 98101 RE: City of Bremerton and Kitsap Transit Brownfteids Cleanup Grant Proposal Dear Mr. Brincefleld; We have enclosed the final Phase 2 grant proposal for the above referenced proposal herewith. The Browtlfield$ Cleanup project will remediate petroleum-contaminated soils, reduce risks to public health, improve water quality, and recycle abandoned, idle industrial land in an economically distressed re'ban area of Bremerton, Washington. Indicators of economic distress include rising unemployment, poverty, neighborhood blight and loss of jobs. The Sinclair Shoreline Redevelopment and Bremerton Conference Center projects are already underway and have broad stakeholder commitment from the community, schools, government officials, first nation Tribe, U.S. Navy, key environmental groups and primary businesses. The three sites included in this proposal all involve commercial redevelopment plans as a part o£ the approvexl future 15,000 square foot regional Conference Center Complex along the Sinclair Inlet waterfront in Bremerton. By late 2004, the entire project is anticipated to near completion with the hotel and conference center portions to be complete before that. This is the most new construction the city has seen in ove~ 20 yeats. With this exciting incoming development, outside inter~st in o~cupying existing downtown buildings has increased dramatically and operational businesses will result in economic recovery for this enti~ community. If awarded, fundinE for this cleanup project on three strategic sites will enable the City to facilitate the revitalization of this community and the neighboring region surrounding it. Site cleanup a~tivitie$ are a critical step in the redevelopment process to remove the environmental contamination and stigma on the existing properties. Once those properties are cleaned up, the City will work closely with developers and prospective businesses to limit their liability and protect public h~mlth. The sites ate close to the sensitive estuarine shoreline and are also a risk to groundwater som'ces.., leaving known contamination on these properties is not an option. The City will utilize a stxong patmership with the Kitsap Housing Authority, Regional Economic Development Committee, Kitsap Transit and developer Opus Northwest to access multiple state and federal funding souses available to realize this vision. We are asking for the assistance of the Environmental Protection Agency in this critical first phase of development. Sincerely, Gnry Sexton City Economic Development Director & Brownfields Coordinator (36O) 478-5282 01~9~i_94 05:30 1960697S015 GRANT SOLUTIONS ! PAGE 02 Brownfleld Clean Up Grant F~I - City of Bremerton Category ~' I $1te I Site 2 Site 3 Total ~ Gas ~'t=~ion Enetai Lumber Yardi 3 sites 2 Tempmary F. ro~m Conlrol 7,000 7,000 9.500 23,500 Dem~l~xt Stom~ System 5,000 5.000 500 15,000 Dem~alk~ Sanlta~ Se~er Syttem 1.600 1,600 1,600 4,800 Tra~: Conlrol Idea~uras 2,600 2.600 2,600 7,800 Stm~ Sweeping and Cleaning 5.320 5,320 5..:120 15.960 Excat'a~xt [~ S~ 4,000 4,000 7.000 16,000 ~ Nailing (Temporary Shoring) 59~750 59,750 100,000 219~500 304~210 ~ ~ and Stnm~'al Excavab=n Haul Contaminated Materiel 50.000 60,000 120,331 230.331 Di~easl F~ at OVSI ! 70.204 39.000 20,000 129.204 ~ f~3r ahoHng ~uploort 11.666 11,666 11.667 35.000 Tern~ Dewate~ing Sul~xt 7,500 7.500 10,000 25.000 Pile ~ Spoil8 exc~'aliort/ex;~ 0 0 30,000 30,000 Uncl~r~n~r~l utility ~ excava~z~n/export 1,000 1.000 6,000 8,000 Btmcib~al .~# excavation 3,171 3,000 3,000 9,171 ~ fooling excavation~oas~ll 14,000 14.000 40,625 68.625 kl~ul roads 2,250 2,250 4,000 8~500 S43~831 ~ 1 3,285 3,285 3,285 9,855 Pha~e 2 1,920 1,920 1,920 5,760 ~leaft up ~ 4.973 2,500 2.500 9.973 7.lean up tasting 60,510 30,000 30,000 120,510 146,098 ~ Coats 35,000 35,000 53.692 123,692 P..~efleral Condition 30,580 19,500 19,500 69,580 Insurance 8,904 3,500 3.500 15,904 ~xflractor fee 32,500 32,500 37.270 102,270 iNSST 32,500 32,500 37,270 102,270 413,716 ~ TOTAL. CO8T8 1,40/',855 AI'I'ACHIIIENT A Page A-1 March t8, 2003 01/29/1994 85:38 13686975815 GRANT SOLUTIONS State of SrA~ ~m~=~rA~V£ Washington PHIL ROCKEFELLER House of EDUCATION Representatives ~^~u..~ March $, 2003 Gary Sexton City Economic Development Director City of Bremerton 239 Forth Street Bremerton, WA 98337 Dear Mr. Sexton: Recently I learned that Bremerton's grant application to the U.S. Environmental Protection Agency (EPA) has advanced to the second phase of'the competitive review process conducted under the auspices of EPA's Office o£ Brownfields Cleanup and Development. The outstanding efforts of Bremerton to effect a broad redevelopment or'its downtown, especially its waterfront, areas would be significantly advanced by such an award. The properties chosen For cleanup are critical components o£ the redevelopment strategy, according to my review of the plans and a personal inspection o£two of the three sites. am impressed by the vision o£a renewed and vibrant core for the City, and believe that EPA Ires b~n given the opportunity to remediate adverse environmental impacts associated with petroleum-only contamination at each o£these sites, while opening the door to returning these properties to productive use, benefiting the economy and community. It is my pleasure to offer the strongest possible endorsement of your et'forts and your application, and to extend the hope For fiivorable action by EPA. Please [et me know the results of the EPA review process. With best wishes and kind regards, LF~ISLATIVE OFFICe: 323 JOHN L O~RI~N BUILDING, PO BOX 40600, OLYMPIA. WA 98~o4-o600 · {360) 786-793~. TOLL-FREE UEG~SLATIVE HOTL/NE: 1-800-562-6000 · TDD: I-8OO-635~993 PFUNTED ON RECYCLED PAPER City of Bremerton Seeks Public Comment on Grant Application Bro~nfield Sites on Downtown Waterfront in Bremerton, Washington The City of Bromerton submitted its initial grant proposal in December 2002 for a nationally competitive Environmental Protection Agency (EPA) Brownfields Cleanup Grant and is now entering the second phase of the grant application process. As part of Phase II of the application process and the City's continual effort to involve communities in this project and grant application, a public comment period is being held to allow public comment on the final grant application. All comments received will be reviewed and addressed prior to the final proposal submittal on March 19, 2003. EPA is expected to announce the Brownflelds grants in June 2003. The draft final application begins on the following page. How to Comment: Comments will be accepted Monday, March 10 through 5 p.m. Friday~ March 14. The City of Bremerton's complete grant application will be available for public review at its regular general council meeting on Wednesday, March 12. Comments must be submitted to Gary Sexton, brownfields coordinator for the City of Brem~rtou, at (360) 478-5282. Interested persons may submit comments on City of Bremerton's application proposal to Sexton by fag (360) 479-0427, e-mail (g~exton~ci.bremertou.wa.us), or by mailing to City of Bremerton Eeonomic Development Director, 239 4"' Street, Bremerton, WA 98337. NOTE: For ease of reviewing, the application questions and requirements are provided on thc last pages of this document and are extracted from thc EPA Proposal Guidelines for Brow~field. v dssessment, Revolving Loan Fund, and Cleanup Grants. This document is available online al h~tl~://www, eoa.gov/brownflelds/pdf/guide1002.~d f News Release For release: March 6, 2003 Contact: Gary Sexton, City Economic Development Director, Bremerton (360) 478-5282 City of Bremerton Seeks Public Comment on Grant Application Regarding Brownfield Sites on Downtown Waterfront in Bremerton, Washington City of Bremerton vying for federal brownfields clean-up grant, public invited to submit comments March 10-14 The City of Bremerton and Kitsap Transit Authority are seeking public comments on the city's pending application to the U.S. Environmental Protection Agency (EPA) for a Brownfields grant that could secure up to $600,000 for cleaning up brownfield sites located in Bremertun, Washington and Kitsap County with known environmental problems. Brownfields are properties where expansion, redevelopment or reuse may be complicated by the presence or potential presence of a contaminant, pollutant or hazardous substance. The grunt would allow Bremerton to clean up three sites it now owns (located on the waterfront) known to contain petroleum contamination in the subsurface or surface. The extent of known contamination on the sites was determined to be petroleum and oil origin und are now unoccupied vacant tots. Each of these sites is in an economically distressed Washington community interested in redeveloping the sites to stimulate new economic development. One of the sites proposed for clean up under the grunt was a former gas station located at 100 Washington Avenue. Proposed site cleun-ups would occur on the Washington waterfront at the proposed Conference Center Complex (see details below). The City of Bremertun in conjunction with EPA's Office of Brownfields Cleanup and Development would administer the grant. Site clean-up activities for each locale will be performed by city staff' or sub-contracted to their environmental contractors. Funding for the EPA Brownfields Assessment grant is divided into two categories: petroleum-only sites and hazardous substance sites, with a maximum of $200,000 available for each category. The City of Bremerton has applied for up to $600,000 to perform clean-up activities at three sites with known petroleum-only contamination. Anticipated costs for petroleum-unly site clean-up range from $100,000 to $200,000, depending on specific site conditions. The City of Bremerton is seeking comments from communities and the general public about their grant proposal. Comments will be accepted from Monday, March 10 through 5 p.m. Friday, March 14. The City of Bremerton's complete grant application will be available for public review at its regular general council meeting on Wednesday, March 12 or by contacting Gary Sexton, brownfields coordinator for the City of Bremerton, at (360) 478-5282. Interested persons may submit comments on City of Bremertun's application proposal to Sexton by fax (360) 479- 0427, e-mail (gsextun@ci.bremerton. wa.us), or by mailing to City of Bremerton Economic Development Director, 239 4th Street, Bremerton, WA 98337. The City of Bremerton submitted its initial grant proposal along with about 1,000 other government and non-profit entities in December 2002 and is now one of 500 fmaiists entering the second phase of the grant application process. As part of Phase II of the application process, they are gathering public comments on the proposal. EPA is expected to announce the brownfields grants in June 2003. Proposed site cleun-ups: · Former Gas Station Site, former Enetai Bldg, JO0 Washington This parcel is south of the original Enetai building. After it was no longer used as a gas station, the building was adjoined with the Enetai building and had a variety of commercial uses until demolished in 2002. · Fortner Enetei Building, Kitsap Transit, Bremerton navy Museum, 104 Washington. The building was demolished in 2002. It operated as a car dealership in the 1920s. Various retail and office-type businesses occupied the building over the last 80 years. · Former LumberYard, Salvation ,~lrmy Store, 132 }Fashington. The site is a former lumberyard. During demolition, a small substandard underground heating-oil storage tank was removed as required by state and federal law. A preliminary site investigation performed at the site did not identify any contamination issues. However, prior to moving forward with redevelopment of the property, the subsurface beneath the tank must be investigated. AGENDA BILL BREMERTON CITY COUNCIL ~ FOR AGENDA OF: 3/12/2003 ORIGINATING DEPT: Fire Proposal to purchase a 2003 ambubnce ORIGINATOR: Al Duke, Fire Chief from Braun Northwest, Inc. DATE SUBMITTED: 2/20/2003 ~ Comg3ent O,f banl~ ne~.%sarv~ .... ---..~. 3. EXHIBITS: Budget & Fiscal ~,~ '~' ~ ~ Contract Proposal ~ i,.~t~, (~ Interlocal Agreement ' . It -: City Attorney ENDORSEMENTS__ INFORMATION APPROVED BY COUN,6'~~"~'-~--. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION; Attached is a contract proposal to purchase a 2003 ambubnce from Braun Northwest, Inc. There are currently three Braun ambulances in the fleet, this one will replace the 1992 Road Rescue unt that witr be surplused this year. The City of Bremerton has in effect an Intergovernmental Purchasing Agreement has allowed us to purchase off the CentralPierce Fire & Rescue District # 15 bid. That the Bremerton City Council authorize the Mayor to sign and enter hto the contract proposalwith Braun Northwest, Inc. for the purchase of a 2003 ambu~nce. 9. RESPONSIBLE OFFICIAL: Al Duke, Fire Chief ENFORCEMENT OFFICIAL: Al Duke, Fire Chief EXPIRATION DATE: REVIEW DATE: 10. NOTICE FA TION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: 11. AGENDA BILL NO: 2. CLEARANCE COMMENT~; 5. IMPACT ON NON-PASSAGE: There would be a delay in the process of procurhg a replacement Paramedic ambulance. The 1992 ambulance that this vehicle is replacing will be surplused in 2003 and leaves the Department wth only one reserve vehicle. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES; The revenue for the purchase of thi~ vehicle is in the 2003 budget. 7. RESEARCH SOURCES: 5'7 Braun Northwest,.c. EO. Box 1204 · Cheh',dis, XX'A98532 · ww~braunnorthwest, com 1-800-245-6303 · Fax: 360-748-0256 · brauralw@Iocalaccess.com January 29 PROPOSAL 2003 Mick McKinley, Chief Bremertoa Fire Department 817 Pacific Avenue Bremerton, WA 98337-1921 FAX: 360-478-5397 FAX: 360-478-5881 RE: 2003 NORTH STAR 167-3 MEDIC UNIT BRAUN NORTHWEST IS PLEASED TO OFFER THE FOLLOWING PROPOSAL, BASED UPON AN OPEN SOUTH PIERCE FIRE & RESCUE BID: ONE (1) 2003 NORTH STAR 167-3 MEDIC UNIT ON A 2003 FORD E450 CHASSIS PER MANUFACTURER'S SPECIFICATIONS (WITH 10-09-02 AND 01-23-03 CHANGES) AND DRAWINGS. SOUTH PIERCE FIRE AND RESCUE BASE BID ........................ $110,985.00 Changes to match vehicle #404-3 delivered on April, 2001 and attached equipment list changes ................................................ $ 32~362.00 TOTAL F.O.B. CHEHALIS, WASHINGTON .............................. $L43~3_4ZA~ DELIVERY: APPROXIMATELY ONE HUNDRED EIGHTY (180) DAYS. TERMS: NINETY PERCENT (90%) PAYMENT DUE UPON RECEIPT OF VEHICLE. BALANCE DUE IN THIRTY (30) DAYS. Braun Northwest, Inc. is a Washington dealer (0991-A) with insurance information available upon request. ~ Respectfu. gll~ ' em' e~dd ~ BRAy~c?/O~?~/I~'Ey~¢f~NC. We agree to accept the above proposal: BREMERTON FIRE DEPARTMENT Signatnre Date Date: K J/rah Printed Name Title INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF BREMERTON and the SOUTH PIERCE FIRE AND RESCUE, DISTRICT 15, both political subdivisions of the State of Washington, hereby agree to cooperative governmental purchasing upon the following terms and conditions: This Agreement pertains to bids and contracts for supplies, material, equipment, or services that may be required from time to time both by the CITY OF BREMERTON and the SOUTH PIERCE FIRE AND RESCUE DISTRICT 15. 1. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. 2. Each of the parties shall comply with the all applicable laws and regulations governing its own purchases. 3. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. 4. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. The Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 5. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. 6. The FINANCE DIRECTOR of CITY OF BREMERTQN and the FIRE CHIEF of the SOUTH PIERCE FIRE AND RESCUE, DISTRICT 15 shall be representatives of the entities for carrying out the terms of this Agreement. 7. This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. APPROVED this 5th day of APPROVED this (~)'~-day of February, 2003 ~[~-~-'~ , 2003 CITY OF~R~E~.../~ SOUTH PIERCE FIRE AND BY: a ~-~ennis Chaf~ // Mayor Fire Chief APPROVED AS TO FORM: BY:~4~/t_ ~ ~/' John Sebastian BY: ~~ Fire Commissioner Simon Stocker Assistant City Attorney ATTEST: ~.~/___~, ATTEST: '~thJe-e~..- ~&Cruskey ,/ ~/~'-"'~%- District ~;ecret~ry i- U Admini~'trative Services Director AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: 3/12/03 ORIGINATING DEPT: Admin. Srvs. Real Estate Purchase & Sale Agreement ORIGINATOR: K. McCluskey 811 Park Avenue; and Resolution No. 2887 DATE SUBMITTED: 2/19/03 authorizing an interfund loan 2. CLEARANCES: 3. EXHIBITS: CLty Attorney ~ ~~.l ..... ~ ....... ~/---------~Real Estate Agreement Fiscal & Bud~.~ , -,~ ~ Operations ~'~' ;~,e:-~~ RESOLUTION NO. 2887 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached agreement is for the purchase of approximately 1.1 acres of property at 811 Park Avenue for the new Fire Station Headquarters to be built with Public Safety Bond Proceeds. The purchase price and relocation costs are $550,000. 8. RECO~ENDATION: /W0 MOTIONS REQUIRED: 1. MOve to approve Real Estate Purchase and Sale Agreement 2. Move to adopt Resolution No. 2887, authorizing an interfund loan. 9. RESPONSIBLE OFFICIAL: Admin Services ENFORCEMENT OFFICIAJ~: admin Services EXPIRATION DATE: N/A REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDE~ COUNCIL DIRECTIVE: Date: 11. AGENDA BILL NO: O~- O3~ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES 7. RESEARCH SOURCES: REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This contract controls the terms of the sale of real property. (Please read carefully before si~ning.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation, whose mailing address is 239 4th Street, Bremerton, Washington 98337, ("Buyer"), and JERRY R. CLARK and MARILYN J. CLARK, husband and wife, ("Seller"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at 811 Park Avenue, Bremerton, Washington 98337 (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Twenty Five Thousand and No/100 Dollars ($25,000.00) in the form of a City of Bremerton Purchase Order, as earnest money and part payment on the purchase price of the following described real estate. 3. PURCHASE PRICE. The total purchase price for the Property is five hundred fifty thousand and No/100 Dollars ($550,000.00), including one hundred thousand dollars $100,000 relocation expenses and including earnest money, payable on closing. The seller has agreed to this sale in contemplation of the threat of condemnation for purposes of the application of section 1033 of the Intemal Revenue Code. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council not later than March 12, 2003. (b) Buyers review and approval of the title report on the property prior to Closing. (c) A Feasibility Study as follows: (1) Buyer shall have until March 15, 2003 to determine, in Buyer's sole and absolute discretion, if the Real Property is feasible for investment and/or development by Buyer. All contingencies will be removed by March 15, 2003 unless it is determined by that date that a Phase II REAL ESTATE PURCHASE AND SALE AGREEMENT Page I of 7 Environmental Assessment is needed. In that event the parties will mutually agree upon an extension not to exceed 30 days. (2) Buyer's feasibility study may include (but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and c.apacity, access availability, preliminary architectural and engineering s~te feasibility studies. BY EXECUTING THIS AGREEMENT, SELLER HEREBY AUTHORIZES BUYER A RIGHT OF ENTRY ON TO THE PROPERTY FOR THE PURPOSE OF CONDUCTING THIS FEASIBILITY STUDY INCLUDING A PHASE I, AND IF NECESSARY, A PHASE II ENVIRONMENTAL ASSESSMENT. SELLER WILL BE NOTIFIED IF A PHASE II ENVIRONMENTAL ASSESSMENT IS TO BE CONDUCTED. (3) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period, then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study. If Buyer fails to notify Seller of its approval of the Real Property, in writing, on or before the expiration of the feasibility study period, then this Agreement shall be terminated, and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in Accountable Escrow, by Buyer to Seller shall be immediately retumed to Buyer. Buyer agrees to return the Real Property to its original state (i.e., fill all boring holes, etc.). PROVIDED THAT, Buyer shall reimburse Seller for all of their reasonable costs and expenses incurred in searching for, conducting feasibility studies in connection with, and acquiring replacement property in an amount not to exceed $12,500. PROVIDED FURTHER, that if the property purchase is not completed due to environmental concerns identified as part of the Phase I and/or Phase II environmental assessment there shall be no reimbursement to Seller for costs and expenses incurred. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Pacific Northwest Title, whose address and telephone number is ; (360) 692-4141, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to four hundred fifty thousand dollars ($450,000), and insuring the Real Property being discharged by Seller shall be paid from Seller's funds at Closing. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of 7 zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. WITH THE UNDERSTANDING THAT TIME IS OF THE ESSENCE FOR THIS AGREEMENT, this sale shall close on October 1,2003 which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Pacific Northwest Title, Bremerton, Washington all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. In the event that there is an extension of the feasibility study period to conduct a Phase II environmental assessment, pursuant to paragraph 4(c) above, the date of closing and the termination date shall both be extended for an identical period. 9. Prior to closing, Seller shall remove personal property, equipment, and fixtures that seller desires to retain. Upon closing, any and all remaining property (real or personal) including equipment, fixtures and structures shall become the property of Buyer. 10. POSSESSION. Buyer shall be entitled to possession on closing. 11. SELLER'S REPRESENTATIONS. Seller represents: (a) that he/she will maintain the property in present or better condition until time of agreed possession, (b) that he/she has no knowledge or notice from any governmental agency of any violation of laws relating to the subject property except: (c) Seller is responsible for terminating all leases on the property at Sellers expense and will hold the City of Bremerton harmless from same. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his/her knowledge that he/she is not aware of existence of, or has not caused or allowed to be caused, any environment condition (including, without limitation, a spill, discharge or contamination) that existed as of and/or prior to the closing date or any act of 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. This provision shall survive the closing and be in addition to Seller's REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of 7 obligation for breach of a representation or warranty as may be set forth herein. 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. SUBJECT TO THE TERMS OF PARAGRAH 4 ABOVE, IF BUYER DEFAULTS HEREUNDER, SELLER'S SOLE REMEDY SHALL BE LIMITED TO DAMAGES AGAINST PURCHASE IN THE LIQUIDATED AMOUNT OF THE EARNEST MONEY PREVIOUSLY PAID THE BUYER. BUYER 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 BUYERS' DEFAULT. BUYERAND SELLER BELIEVE SAID AMOUNT TO BE A FAIR ESTIMATE OF ACTUAL DAMAGES. (b) Seller's Default. IF SELLER DEFAULTS HEREUNDER, BUYER SHALL HAVE ALL THE RIGHTS AND REMEDIES AVAILABLE AT LAW OR IN EQUITY. (c) Attorney's Fees and Costs. 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. 14. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. The Buyer makes NO WARRANTY OR REPRESENTATION OF ANY KIND that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. THIS AGREEMENT HAS SIGNIFICANT LEGAL AND FINANCIAL CONSEQUENCES AND YOU ARE ADVISED TO SEEK INDEPENDENT LEGAL AND FINANCIAL COUNSEL REGARDING THESE CONSEQUENCES. If you do not understand the effect of any part, consult your Attorney before signing. 15. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 16. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Gary Sexton City of Bremerton 239 Fourth Street REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 7 Bremerton, Washington 98337 (b) All notices to be given to Seller shall be addressed as follows: Jerry R. and Marilyn J. Clark 9636 Blomberg Road SW Olympia, WA 98501 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 17. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 18, BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 19. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 20. EXPIRATION OF OFFER. Buyer shall have only until 5:00 p.m. on , to accept the pumhase and sale agreement as written, by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period, this agreement shall lapse and all right of the parties hereunder shall terminate. 1N WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. BUYER: SELLERS: THE CITY OF BREMERTON By:. By: Cary Bozeman, Mayor Jerry R. Clark Dated: Dated: REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 7 By:. Marilyn J. Clark Dated: APPROVED AS TO FORM: By:_ Roger A. Lubovich, City Attorney REAL ESTATE PURCHASE AND SALE AGREEMENT Page 6 of 7 EXHIBIT A LEGAL DESCRIPTION Lots 1, 2, 3, 4, 5, 6, 7, and 13; and also Lot 8; except the west 3.5 feet thereof; and also Lot 12; except the west 18 feet thereof for alley; and also that certain vacated alley lying west of Lots 1 to 7, inclusive; and also the south half of that certain vacated alley lying to the north of Lot 8; except the west 3.5 feet of said Lot 8; and also the north half of that certain vacated alley lying to the south of Lot 13; and the east 17.5 feet of Lot 12; all of the aforesaid being in Jens Jacobsen's Addition to Bremerton, Washington according to Plat recorded in Volume 4 of Plats, Page 91, in Kitsap County, Washington. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 7 of 7 RESOLUTION NO. A RESOLUTION of the City of Bremerton authorizing an interfund loan to the Public Safety Bond (Project) Fund from the Equipment Rental Reserve Fund and providing for repayment of the loan. WHEREAS, the Public Safety Bond (Project) Fund (Fund 302) does not have funds budgeted or reserved from the Public Safety bond proceeds to purchase real property for the new fire station; and WHEREAS, the Public Safety Bond (Project) Fund has an immediate need for cash to fund the acquisition of real property for the new fire station; and WHEREAS, the City of Bremerton will be disposing of surplus real property, consisting of the old fire station, city hall and community development facilities, and distributing the proceeds from these sales into the Contingency Reserve Fund (Fund 103); and WHEREAS, the size, nature and timing of this fire station property transaction makes external financing impractical; and, WHEREAS, surplus cash in an amount sufficient to meet the needs of this acquisition is presently on hand in the Equipment Rental Reserve Fund (Fund 510); NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON. WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION1. The City of Bremerton's Director of Finance is hereby authorized and directed to make an interfund loan fi'om the Equipment Rental Reserve Fund (Fund 510) to the Public Safety Bond (Project) Fund (Fund 302), in the amount of $800,000 to cover the cost .for the acquisition of real property for the siting ora new fire station. This loan shall bear ~nterest at the rate of 1.5% per annum and shall be repaid to the Equipment Rental Reserve from the Contingency Reserve Fund (Fund 103) from the proceeds of the sale of surplus real property. This loan shall be repaid in full within three years of the date of transfer of the funds to Project Fund 302. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2003. CAROL ARENDS, Council President 1 Inter-Fund Loan 7o APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk R:\LEGAL~Resolutions\Inter-Fund Loan Resolution.doc 2 Inter-]Fund Loan AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Bid Award - FOR AGENDA OF: March 12, 2003 Air Systems Engineering Inc. for the ORIGINATING DEPT: Parks & Recreation Mechanical Upgrades at the ORIGINATOR: Jim Spencer Glenn Jarstad Aquatic Center & DATE SUBMITTED: February 27, 2003 Budget Adjustment 2. ~[_C,~: 3. EXHIBITS: (Commm~ em ba~k if ne~essasy}'! ' Pm-ks & Recreatimm Director: ']~ ~-~--'-<~--. Bid Opening List CityAttomey: d/ ~_~_ Budget^djustment Finance Directo<~ ~nn -.~.-~~~'-- O~allonsCommitte~: ~ ,,,,_ ENDORS~~ROVED.........~_ ~ BY COUNCIL PRE SIDE.~NT FOR SUB~II'FrA~L: 4. S~RY STATEMenT AND I~3OUIREMENT FOR COIYNCIL A~2TION~, Bids wo~ opened on Tu~day, February 18, 2003 for thc Mechanical Upgrad~ at the Glenn Sarslad Aquati¢Cemer. Atolaloftl~(3) bids ~r~ m:~ived for this project (see atlacb~ Bid Openin~ List). TI~ low bi&lex is Air Systems Engineering I~. from Tacoma, WA for tt~ ~ Sum.Base Bid of $242,566.00. The total conlract ~ h~ciuding Washington State Sal~s Tax, is $263,184.11. In addilian to tl~ Bid Ass~rd, is a request for a Budg~ Adjuslment of $260,400.00. The Councit is asked to ,q~vee the umv¢ oftl~ unspent 2002 UPARR Grant Award of $1S2,280, and the 2002 CDBG match of $78,120 for the UPARR Gram to fl~ budgeted 2003 CDBG Gram fund~l proje~ of $50,000 ealitled "Jamlad l~habilitaflon" to support this Bid Award of $263,184.11 and pr~n,'id¢ a total I-IVAC Rehabilitation Project b~get of $310,400. 8. RECOi~IENDATION: Thai the City Council al~'OV¢ tl~ contract award to Air Systems Engineering I~c. of Tacoma for the Mechanical Upl~ad~ at the Glelm Jat~lad Aquatic ~/n tl~ amount of $263,184.11 and auth~ize thc Mayor to cxeont~ thc contract subject to ~si City Admi~istlatiYe Policies and Procedures. Additionally, approve the r~lated bud8~ adjuslm~nt subject to ~t City Adminislrative Policies and Proc~hm~. 9~ RESPONSIBLE OFFICIAL: Dil~cto~ of Parks & Recr~ati0n ENFORCEMENT OFFICIAL: A~ EXPIRATION DATE: REVIEW DATE: PULLED TABLED. APPROVED .. DISAPPROVED AMEND~ ~ DATE: 11. AGENDA BiI.,L #: 03- 0 3 '7 I-IVAC Agenda Bill revised 02/24/03 .... 6:24 AM IMPACT OF NON-PASSAGE: The new HVAC sys~m would not be installed. The CDBG and UPARR grant fimding would not be IMPACT ON STAFFING. BUDGETS~ FACILITIES. EOUIPMENT OR 0THFJ~ The budget adjusUnent allows for the ~aili~atioll of previously designated gram funding to install the new system. This new ~m will provide a dramatic improvement to the facilily's environm~t, prolonging the pool's lif~. The coordination efforts with ~he lanai Islion conlractor will be absofoed wilhin CUrl~lt levels. 7. RESEARCH SQURCE$: HVAC Agenda Bill revised 02/24/03 .... 6:24 AM '73 CITY OF BREMERTON BUDGET ADJUSTMENT REQI~IEST Requesting DepeA~ner~: Pa~ Facility Construcfio~ Adjustment Number:. 2003-1 Approval Authority Required: SOURCE OF FUNDS: !USE OF FUNDS Descdofi0n Amount Descrioti0n Amount UPARR Grant 182,280 Capital 260,400 CDSG AIIocati~ 78,1~0 NARRATIVE: This budge~ eqJu~e~ i~creeses the Par~ C°r'~'t~i°n =aP(~I budget f°r t}~ Jaratad Rehab~"~in~HVAC I~ The I~oject was ¢xdginally ~~2~~, Fu~ ~ a~ ~ ~ ~ ~ a ~t ~ int~ UP~R ~a CDBG ~n ~ ~ ~ ~,~ a~ in ~ ~ ~, ........ .,. T~s S~-~ ~e AGENDA BILL BREMERTON CITY COUNCIL I. SUBJECT: FOR AGENDA: MARCH~2003 The purchase of Three (3) Fire Engines from ORIGINATING DEPT: FIRE DEPT. Seagrave Corporation, Clintonville, WI ORIGINATOR: AL DUKE, ~3.'Y9 FIRE CHlEF DATE SUBMITTED: FEBRUARY 27, 2003 2. CLEA~: (Comment on back if necessary) 3. EXHIBITS: ~ Contract proposal Interlocal Agreement CITY ATTORNEY FISCP/tL 8/B~,UDGET COMMITTEE UB IC SAFETY COMMITTEE OPERaTIC)NS COMMITTEE COUNCIL PRESIDENT: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: Attached is the contract proposal to purchase three (3) Fire Engines as outlined in the Bond issue. The City wishes to purchase the Seagrave engines for the reasons listed in the attached Bremerton Fire Department Apparatus Specification Committee minutes. In addition this purchase will continue our effort to standardize the fleet which results in increased safety because the controls for each apparatus in our fleet will be the same. This will also create greater efficiency dudng maintenance of the apparatus. The city has received an excellent price through an Intertocal Cooperative Agreement with the City of Radcliff, Kentucky. 5. RECOMMENDATION: Move to find that the findings and recommendation of the Fire Department Apparatus Specification Committee (Attached) are an appropriate basis for acquisition of fire apparatus through another governmental agency; that this agre.e?ent to purchase through an Interlocal Agreement with the City of Radcliff, Kentucky complies with the provisions of BMC 2.76 and is therefore exempt from our standard requirement to purchase by bid call; and further, that the Mayor is authorized to finalize and execute necessary documents to purchase three Engines from the Seagrave Corporation, of Clintonvilie, Wisconsin subject to the approval of the City Attorney. ENFORCEMENT OFFICIAL: EXPIRATION DATE: 7. NOTICE OF ACTION: REVIEW DATE: ~t~~ PUll--] APPROVED [] DISAPPROVED [] AMENDED [] COUNCIL DIRECTIVE,: 8. AGENDA BILL NO.: 03~ O~B 9. IMPACT OF NON-PASSAGE: If the contract is not approved at this date a price increase of $6,000 per vehicle will go into effect. Additionally the EPA regulations will force a redesign of the motor which will lower horsepower, increase maintenance through higher heat operating temperatures, and more expensive special lubricants. If the contract is not approved a higher cost of acquisition is expected. A longer period for delivery will also be incurred. The vehicles have a 365 calendar day delivery period. 10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: All funds for this acquisition has been budgeted for in the Public Safety Bond 11. RESEARCH SOURCES: BREMERTON FIRE DEPARTMENT APPARATUS SPECIFICATION COMMITTEE February 27, 2003 Dear Bremerton City Council: After conducting a thorough evaluation of available fire service apparatus, the committee has unanimously concluded that Seagrave is the preferred manufacture for our apparatus. Over the last ten months the committee has conducted tours of local departments such as Whidbey Island, Lynnwood, Kingston, Seattle and Tacoma. Through these tours we were able to evaluate the products of the major fire apparatus manufactures. The committee has also visited a trade show in Oregon and the Seagrave factory in Wisconsin. Before the committee decided on a manufacture we took the following information under consideration 1) Experience: Seagrave has been in continuous business since 1881 and built thousands of apparatus. They are a single source manufacture and have helped developed new fire apparatus technology and incorporated it in to their vehicles. 2) Product Line: Seagrave has been building fire apparatus for the City of Bremerton since 1945. The City has had a long-term relationship with this manufacture and now, with a local dealer in Kitsap County, parts, service and warranty work will be done faster and more efficiently with less down time. Seagrave is the exclusive fire apparatus manufacturer for the City of New York and The City of Los Angles. They are the only manufacturer that can flow 1000gpm and still maintain a 500lbs tip Icad with an aedal device. Additionally they received a commendation from then Mayor Guilliana for saving 39 firefighters lives at the World Trade Center due to the construction of their cabs on the Engines and Aerials. 3) Meeting Standards: Seagrave meet all national and State requirements. 4) Testing: They perform a fatigue life analysis and test all structural components. They perform cab crashworthiness testing and Icad testing for aerial devices which includes personnel Icad, equipment, static waterway Icad and elevated monitor nozzle reaction loads. All welds on the ladders are UL inspected. 5) Warranty: There is a life time warranty on the frame and water tank, a 20 year on the Aerial structure, a 10 year on the cab and body and 1 year bumper to bumper. We respectfully submit this request for your approval to purchase three 2003 Seagrave fire engines and one 2003 Seagrave aerial device, all these apparatus will have the same interior features and Controls, the same pump and pump panel which will make training much easier since all our personnel have to operate this equipment. It will also allow us to purchase parts from only one manufacturer. Aisc for yOur approval is an inter-local agreement with the City of Radcliff Kentucky for the Engines and we recommend purchasing the aerial device by sole source for the above reasons. Thank You for your time and consideration Sincerely, The 11 person Fire Apparatus Specification Committee PROPOSAL SEAGRAVE FIRE APPARATUS Thursday, February 27, 2003 The City of Bremerton Fire Department Chief Mick McKinley 817 Pacific Avenue Bremerton, WA 98310 Gentlemen: The undersigned is prepared to order being placed by you for final acceptance by Corporation, at its home office in Clintonville, Wisconsin, named and for the following prices: Three (3 Pumpers One Million Sixty Six and 00/100 ). NOTE: Currently (2-27-03) tax rate of 8.7%. Full payment of all will be due Seagrave This bid meets the full and the said apparatus and equipment are to be built am ~ith the contractor's specifications. Delays due to strikes, war or failures to obtain materials, or other causes beyond our control not 240 working days after receipt of approved P.E. Line Drawing and the thereof at our office at Clintonville, Wisconsin, and to be delivered to you at the s. The specifications herein contained sh~il form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the offer to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. SEAGRAVE FIRE APPARATUS a DIVISION of FWD CORPORATION Linda Meidam, Seagrave Fire Apparatus Since 1881 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 ROW and to other applicable laws, the CITY OF BREMERTON a political subdivision of the State of Washington and the CITY OF RADCLIFF, a political subdivision of the State of Kentucky, hereby agree to cooperative governmental purchasing upon the following terms and conditions: This Agreement pertains to bids and contracts for supplies, material, equipment, or services that may be required from time to time both by the CITY OF BREMERTON and the CITY OF RADCLIFF. 1. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment and services. Each of the parties hereby agrees to extend to the other party the right to purchase pursuant to such bids and contracts to the extent permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. 2. Each of the parties shall comply with the all applicable laws and regulations governing its own purchases. 3. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. 4. Any purchase made pursuant to this Agreement is not a purchase from either of the parties. The Agreement shall create no obligation to either of the parties to purchase any particular good or service, nor create to either of the parties any assurance, warranty, or other obligation from the other party with respect to purchasing or supplying any good or service. 5. No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. 6. The FINANCE DIRECTOR of CITY OF BREMERTON and the CITY CLERK of the CITY OF RADCLIFF shall be representatives of the entities for carrying out the terms of this Agreement. 7. This Agreement shall continue in force until canceled by either party, which cancellation may be 'effected upon receipt by one of the parties of the written notice of cancellation of the other party. ~ED this~,~M~.~ay of APPROVED this ~¢ ~ day of ,2003 ~.~,~,,~,~j~, 2003 CITY OF BREMERTON CITY OF RADCLIFF Cary~ozeman '~ Mayor Mayor APPROVED AS TO FORM: BY: /'~,.~/~_~,~ .,~ Z/'..)/. 2~.~ ;_ BY: .~-~~ Simon Stocker Assistant City Attorney ATTEST: /'~ /¢ ATTEST: BYe/~at-hi~e[~J~f[-~"~V[cdlu~k'e~' ,.. ,7' -yZ BY: Admini~rative Services Director AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA: MARCH~, 2003 The purchase of one (1) Quint Aerial apparatus ORIGINATING DEPT: FIRE DEPT. Via Sole Source contract from Seagrave ORIGINATOR: AL DUKE Corporation, Clintonville, Wisconsin FIRE CHIEF DATE SUBMITTED: FEBRUARY 27, 2003 2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS: ~~~ ~-~- Co ntract p ropos al ~.~/Y/TTORNEY ..... ~ Aerial Committee's recommendation FISCALi5 & COMMITTEE PUBLIC SAFETY COI~IMITTEE OPEI~A~IONS COMMITTEE APPROVED FOR SUBMITTAL BY ENDORSEM,~_ ~~N [] COUNCIL PRESIDENT: MAYOR: ? 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Attached is the contract proposal to purchase one (1) Quint Aerial Apparatus via a sole source contract with the Seagrave Corporation. The City wishes to purchase this Seagraves apparatus as a sole source because it will continue our effort to standardize the fleet. This has several benefits including increased safety because the controls for each apparatus in our fleet will be the same thereby reducing the risk of a mistake. Also, this will bring about greater efficiency during maintenance of the apparatus. The city has received a good price and are within the budgeted amount specified. 5. RECOMMENDATION: Move to find that the findings and recommendation of the Fire Department Apparatus Specification Committee (Attached) are an appropriate basis for a sole source acquisition; that the City will be benefited by making this purchase as a sole source purchase from the manufacturer; and further that the Mayor is authorized to finalize and execute necessary purchase agreements to pumhase one (1) Quint Aerial Apparatus from the Seagrave Corporation via a sole source contract subject to the approval of the City Attorney. ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 7. NOTICE OF ACTION: PULLED ~l~ APPROVED[--] DISAPPROVED['--] AMENDED ~]STF COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: 0,3 - 9. IMPACT OF NON-PASSAGE: If the contract is not approved at this date a price increase of $6,000 will occur. Additionally new 2004 EPA Regulations will go into effect and force a resign oft_he cab portion. The 2004 Engine will have higher maintenance costs due to higher operating temperatures and more expensive lubricants. A manufacturing date Has been reserved for this apparatus which will allow for a late 2003 delivery, delaying will lose this date and push delivery off until middle or late 2004. 10. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: No impact as these funds were budgeted for in the Public Safety Bond issue. 11. RESEARCH SOURCES: BREMERTON FIRE DEPARTMENT APPARATUS SPECIFICATION COMMITTEE February 27, 2003 Dear Bremerton City Council: After conducting a thorough evaluation of available fire service apparatus, the committee has unanimously concluded that Seagrave is the preferred manufacture for our apparatus. Over the last ten months the committee has conducted tours of local departments such as Whidbey Island, Lynnwood, Kingston, Seattle and Tacoma. Through these tours we were able to evaluate the products of the major fire apparatus manufactures. The committee has also visited a trade show in Oregon and the Seagrave factory in Wisconsin. Before the committee decided on a manufacture we took the following information under consideration 1) Experience: Seagrave has been in continuous business since 1881 and built thousands of apparatus. They are a single source manufacture and have helped developed new fire apparatus technology and incorporated it in to their vehicles. 2) Preduct Line: Seagrave has been building fire apparatus for the City of Bremerton since 1945. The City has had a long-term relationship with this manufacture and now, with a local dealer in Kitsap County, parts, service and warranty work will be done faster and more efficiently with less down time. Seagrave is the exclusive fire apparatus manufacturer for the City of New York and The City of Los Angles, They are the only manufacturer that can flow 1000gpm and still maintain a 500lbs tip load with an aedal device. Additionally they received a commendation from then Mayor Guilliana for saving 39 firefighters lives at the World Trade Center due to the construction of their cabs on the Engines and Aerials. 3) Meeting Standards: Seagrave meet all national and State requirements. 4) Testing: They perform a fatigue life analysis and test all structural components. They perform cab crashworthiness testing and load testing for aerial devices which includes personnel load, equipment, static waterway load and elevated monitor nozzle reaction loads. All welds on the ladders are UL inspected, 5) Warranty: There is a life time warranty on the frame and water tank, a 20 year on the Aerial structure, a 10 year on the cab and body and 1 year bumper to bumper. We respectfully submit this request for your approval to purchase three 2003 Seagrave fire engines and one 2003 Seagrave aerial device, all these apparatus will have the same interior features and controls, the same pump and pump panel which will make training much easier since all our personnel have to operate this equipment. It will also allow us to purchase parts from only one manufacturer. Also for your approval is an inter-local agreement with the City of Radcliff Kentucky for the Engines and we recommend purchasing the aerial device by sole source for the above reasons. Thank You for your time and consideration Sincerely, The 11 person Fire Apparatus Specification Committee PROPOSAL SEAGRAVE FIRE APPARATUS Thursday, February 27, 2003 The City of Brcmerton Fire Department Chief Mick McKinley 817 Pacific Avenue Bremerton, WA 98310 Gentlemen: The undersigned is prepared to an order being placed by you for final acceptance by Seagrave Corporation, at its home office in Clintonville, named and for the following prices: One (1) Ladder: Five Hundred ~ 00/100 (State, NOTE: Currently (2-27-03 a tax rate of 8.7%. Full payment of all current, [ Taxes will be due Seagrave This bid meets the full and the said apparatus and equipment are to be built and. contractor's specifications. Delays due to strikes, war or failures to obtain materials, or ether causes beyond our control not 240 working days after receipt of this order and the 'acceptance thereof at at Clintonville, Wisconsin, and to be delivered to you at the above address. The specifications herein contained sh~l form a part of the final contract, and are subject to changes desired by the purchaser, provided such alterations are interlined prior to the acceptance by the company of the offer to purchase, and provided such alterations do not materially affect the cost of the construction of the apparatus. Unless accepted within 30 days from date, the right is reserved to withdraw this proposition. SEAGRAVE FIRE APPARATUS a DIVISION of FWD CORPORATION ob Oudenhc~[en, Seagrave Fire Apparatus Since 1881 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: PUBLIC HEARING ON FOR AGENDA: ~{~tl, taC~ ORDiNANCE AMENDING CH. 21.22,240 ORIGINATING DEPT: Community Development RELATING TO THE WETLAND ORIGINATOR: Adriarme Ralph EXTRAORDINARY HARDSHIP TEST DATE SUBMITTED: 13 February 2003 2. C!4EARANCES: (Comment on hack if necessary) 3. EXHIBITS: · Staff Report, Planning Commission November /'"t.~ ~1~( ~ 73[ / t' d~ 'fL..~, . Minutes, DNS, and PROPOSED ORDINANCE CHRIS HU~r cfC_~Qnmaunity Development RoG A. LUB?VICH, City ^ omey F~E APPROVED FOR SUBMITTAL: OPERATIONS CHAIRMAN COUNCIL PRESIDENT ENDORSE~M~ MAYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The current provisions of BMC Section 21.22.240 relating to the Wetland extraordinary hardship test result in the circumvention of the original intent of the test and may result in the unintended regulatory taking of property and confusion regarding the applicability of certain test criterion. The proposed ordinance amends provisions relating to the requirements of meeting the test in order to allow for the reasonable use of property. 5. RECOMMENDATION: Move to approve the proposed ordinance on first reading. Move to pass Ordinance No. on second reading. 6. RESPONSIBLE OFFICIAL: Director of ConununityDevelopment ENFORCEMENT OFFICIAL: Director of Community Development EXPIRATION DATE: n/a REVIEW DATE: n/a 7. NOTICE OF ACTION: PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED j~ DAi~E: COUNCIL DIRECTIVE: 8. AGENDA BILL NO.: t9 3 -- 0 ~o qo 9. IMPACT OF NON-PASSAGE: Exposes city to takings claims. Undermines the intent of the Extraordinary Hardship Test contained in the Critical Lands Ordinance (BMC 21.22.240). 10. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None. 11. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 21.22.240 of the Bremerton Municipal Code, entitled "Extraordinary Hardship Test," modifying the criteria required to demonstrate that an extraordinary hardship exists. WHEREAS, the current provisions of Section 21.22.240 of the Bmmerton Municipal Code relating to the Extraordinary Hardship Test result in the circumvention of the original intent of the test and in an impractical application of the regulation; and WHEREAS, the current provisions of Section 21.22.240 of the Bmmerton Municipal Code relating to the Extraordinary Hardship Test may result in the unintended regulatory taking of property; and WHEREAS, the current provisions of Section 21.22.240 of the Bremerton Municipal Code relating to the Exlraordinary Hardship Test may result in confusion regarding the applicability of certain test criterion; and WHEREAS, this proposal was reviewed to ensure compliance with SEPA and was issued a determination of non-signi, ficance on November __, 2002; and WHEREAS, on November ,2002, the Bremerton planning commission held a public hearing on this proposed change, and after careful consideration has recommended that the Bmmerton City Council make the proposed amendment; and WHI~REAS, the City Council desires to amend provisions relating to the requirements of meeting the test in order to allow for the reasonable use of property; NOW TI-I]~REFORE, 1 Wetland Extraordinary Hardship Test THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTIONI. Section 21.22.240 of the Bremerton Municipal Code entitled "Extraordinary Hardskip Test" is hereby amended to read as follows: 21.22.240 Extraordinary Hardship Test. An extraordinary hardslfip exists when the standards of this chapter deny all reasonable economic use of the property. Diminished value shall not be considered an extraordinary hardship. To demonstrate extraordinary hardship, the applicant must demonstrate the following: stream; .,, .[ i~t se ~u na ncdl 1;~,~ ..... ssential ~lcment of ..... ~ Deleted: b (~_ _ _ _There ~are_ _no f~e_~i_b_le_ p_n:~t_e_ alt_e_m_ a_u_v_e_s _t_o_ _tzh_e _l/r_opgs_e_d- _ac_t[vj[y_ _or ~_se_ _(~e.g:, .... { De,eted: c reduction in density or use intensity, scope or size, change in timing, phasing or implementation, layout revision or other site planning considerations) that would allow reasonable economic use with less adverse impact; (cO__ Th[ propos~cl 0~ti~i~ty pr use_ _wi_Il_ b_e_ _mi_'t_iga_t_e _d _t9 _t13_ e_ _m_a~ _m~um ~ster~[ p95sihl~ j -''' / Deleted:" and result in minimum feasible alteration or impairment of functional characteristics of the site, including contours, vegetation, fish and wildlife habitat, groundwater, surface water and hydrological conditions; (~___ _Th[ prop_o_se_{ ~ac~ti_vjty_ 9r_ me_ _co_m_ plje_% _wj~_ all_ _1 qc_M_, _s_ta__t _e,_ a_n_{ federal 3~w~ andj. - ' '[ Deteted:, will not jeopardize the continued existence of endangered, threatened, sensitive or priority habitat or species; and (CO_ ___T_h_e '_re_ap i_Id_t-d _t9 0_e0_ve_ re_a_s 9 n_ a_b_l e_ _e _c q nf_mfi'_c _u_s_e _is_ _ngt- t_h_e_r_es_ul_ t of~ 9c~ons by the~- - ' { Deleted: f applicant in segregating or dividing the property in a way that makes the property unable to be developed after the effective date of this ordinance. . q Deleted: (g) Diminished value shall SECTIONZ SeverabilitF. Ifanyoneormoresections, 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. 2 Wetland Extraordinary Hardship Test 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 _, 2002 PASSED by the City Council the day of ,2002 CAROL ARENDS, Council President Approved this day of ,2002 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attomey PUBLISHED the day of ,2002 EFFECTIVE the day of ., 2002 ORDINANCE NO. RALEGAL\Ordinances\Community Development\Wetland extraordinary hardship.doc 3 Wetland Extraordinary Hardship Test CITY OF BREMERTON DEPARTMENT Of COMMUNITY DEVELOPMENT CURRENT LAND USE STAFF REPORT REGARDING: 12 February 2003 SUMMARY 1. Applicant: City of Bremerton Department of Community Development 286 4th Street Bremerton, WA 98337 2. Location: The text amendment would be applicable citywide. 3. Attachments: Notice of Application with intent to DNS, SEPA Checklist, and Draft Ordinance. 4. Bremerton Municipal Code (BMC): Critical Lands Ordinance 21.22.240 5. Application: PL02-0063 BACKGROUND The intent of the Extraordinary Hardship Test found in the wetlands section of the Critical Lands Ordinance is to avoid denial of "all reasonable economic use" of a property. The current ordinance is constructed such that an applicant must be able to show that the property and their proposal to develop that property, meet all seven of the criterion established in the test. Currently the criteria include: (a) The activity or use is a water-dependent project that requires wetland access as an essential element of its function; (b) There is no reasonable economic use or value with less impact on the wetland or stream; (c) There are no feasible on-site alternatives to the proposed activity or use (e.g., reduction in density or use intensity, scope or size, change in timing, Staff Report ,..... 1 Text Amendment to 21.22.240 phasing or implementation, layout revision or other site planning considerations) that would allow reasonable economic use with less adverse impact; (d) The proposed activity or use will be mitigated to the maximum extent possible and result in minimum feasible alteration or impairment of functional characteristics of the site, including contours, vegetation, fish and wildlife habitat, groundwater, surface water and hydrological conditions; (e) The proposed activity or use complies with all local, state, and federal laws and will not jeopardize the continued existence of endangered, threatened, sensitive or priority habitat or species; and (f) The inability to derive reasonable economic use is not the result of actions by the applicant in segregating or dividing the property in a way that makes the property unable to be developed after the effective date of this ordinance. (g) Diminished value shall not be considered on extraordinary hardship. The proposed text amendment would remove criterion (a) and incorporate criterion (g) into the descriptive paragraph introducing the test. The removal of criterion (a) is a result of the Department of Community Development's belief that criterion (a) undermines the intent of the ordinance and could potentially preclude "reasonable economic use" of some properties. The remaining criteria establish a test that is strenuous and offers significant protection to Bremerton's critical wetland areas. This text amendment should impact very few Bremerton properties. FINDINGS 1. Criterion (a) from the Extraordinary Hardship Test (21.22.240) potentially undermines the intent of the test. 2. Criterion (g) from the Extraordinary Hardship Test (21.22.240) is a directive statement and best fits into the introductory section of this regulation as opposed to a criterion an applicant must address in a wetland permitting process. 3. The remaining criteria establish a test that adequately responds to the intent of the ordinance. 4. The Department of Community Development issued a DNS on 19 November 2002. No comments were received by any citizens or state agencies indicating a need for further environmental review. 5. The Department of Community Development has notified all applicable state agencies about this text amendment in accordance with RCW 36.70A.106. 6. No comments have been received from any Agency or interested party. The time period for state comment has been exhausted. Staff Report ,,~_ 2 Text Amendment to 21,22.240 CONCLUSIONS 1. Criterion (a) from the wetland section of the Bremerton Critical Lands Ordinance found in BMC 21.22.240 should be removed. 2. Criterion (g) from the wetland section of the Bremerton Critical Lands Ordinance found in BMC 21.22.240 should be struck as a criterion and inserted in the introductory, guiding paragraph of the same ordinance. 3. All other provisions of the Critical Lands Ordinance found in the Bremerton Municipal Code pertaining to wetlands and development regulation and limitation shall remain unchanged. 4. The Planning Commission recommends the attached draft ordinance to the Bremerton City Council for passage. Staff Report ,.~_ 3 Text Amendment to 21.22.240 "¢r) // Minutes of Planning Commission Special Meeting November 12, 2002 I. Call to Order The meeting was called to order by Chairman Kosusko at 5:32 p.m. II. Roll Call Those present were: Chairman Kosusko, Commissioner Buckingham, Commissioner Cockbum, Commissioner Dingfield, Commissioner Kennedy, Commissioner Nelson and Commissioner Wood. Quorum certified. III. Approval of Agenda Commissioner Kosusko introduced the agenda. A motion was made by Commissioner Buckingham and seconded by Commissioner Kennedy to approve the agenda as written. Called for a vote: Buckingham: yes; Cockbum: yes; Dingfield: yes; Kennedy: yes; Nelson: yes; Wood: yes, and Kosusko: yes. Agenda approved. IV. Approval of Minutes The October 15, 2002, minutes were presented for approval by Commissioner Kosnsko. A motion was made by Commissioner Nelson and seconded by Commissioner Dingfield to approve the minutes as corrected. Called for a vote: Buckingham: yes; Cockburn: abstained; Dingfield: yes; Kennedy: yes; Nelson: yes; Wood: yes; and Kosusko: yes. Minutes approved as corrected. V. Public Meeting Chairman Kosusko moved directly to the call to the public portion. A. Call to the Public (public comments on any item not on tonight's agenda). Seeing no comments from the public, Commissioner Kosusko moved onto the public meeting portion. B. Public Meeting 1. Public Hearing: Commissioner Kosusko then opened the meeting up for public hearing. a. PL02-0063 - To perform a text amendment to the Bremerton Municipal Code, Section 21.22.240. The proposal will remove criterion "(a)" from the Extraordinary Hardship Test located within the wetlands section of the Critical Lands Ordinance. Ms. Ralph presented on this item. She explained that this is a relatively small text amendment to the extraordinary hardship test of our critical area ordinance dealing specifically with wetlands. The idea behind an extraordinary hardship test in the Planning Commission Special Meeting November 12, 2002 Page I of 20 wetland section of that ordinance is - if someone has a legally established parcel and the requirements of that section deny all reasonable economic use of the parcel, that if they can meet this list of criteria - then they can do something on that parcel to provide some economic use of the property. This is for us to avoid a regulatory taking. Currently there are seven different criteria in the extraordinary hardship test. It is our departments position that the first of the criteria under-minds the overall intent of the extraordinary hardship test. The last criterion isn't really a criterion at all, but more a directive statement that should be included in the first paragraph, which is the directive paragraph of the test. So this text amendment simply removes the first criterion which states that "the activity or use is a water dependent project that requires wetland access as an essential element of its function." The more directive statement that we propose to move to the introductory paragraph is "Diminished value shall not be considered on extraordinary hardship." Ms. Ralph said that was it and asked if the group had any questions. Commissioner Coekburn asked why we are looking at this [making this change]? Ms. Ralph answered that we are looking at this because we have an applicant who has a parcel that is subject to the extraordinary hardship test. It's a complicated code to get through until you actually get to the extraordinary hardship test. You have to go through a number of different places before you "have to pass the extraordinary hardship." At this point you must pass the extraordinary hardship before your project can go forward. Part of what is required is a wetland delineation report, a specialist being hired, going through the whole process. We did that and this applicant got to this point in the process where he has to pass the extraordinary hardship test and as we go through the criterion that make up the extraordinary hardship - this applicant meets all that first criteria. Or could meet all, but the first criteria prohibits that application. It just brought it to our attention. Not to say that this text amendment shouldn't happen regardless - but that is what brought it to our attention. Commissioner Cockburn asked that if we have a certain amount of wetlands, and there is a limited supply - wouldn't we want to have those properties just developed for something that was water-dependent? Not just a parking lot or something. Ms. Ralph said that if you look at the other criteria it would still make it so that you couldn't put a parking lot there. That is probably not the least intrusive thing you could do on that parcel. Our question was - on this small parcel, what could possibly be done that would be water dependent and you NEED a wetland for? This prompted a short discussion about water-dependent uses and economic benefit. Ms. Ralph stated that we are certainly not saying that we would encourage development in a wetland or its associated buffer by removing this criterion. This in NO WAY indicates that. We are saying that there is not a lot of water, wetland dependent projects that you can do that provide economic gain. Most parcels in the City are large enough that part of the parcel has upland property. So we would Planrfing Commission Special Meeting November 12, 2002 Page 2 of 20 require that the house or proposed project be put in the uplm~d property. But for the very rare occasion that we get an application where that is not possible - then the extraordinary hardship test would kick in. It still has to go through all the different regulations that are applicable in the overall critical area ordinance which include: no net loss of wetland, mitigate on-site and off-site depending on what the proposal is and what it will actually impact. All those things are still applicable, but this extraordinary hardship test would be usable. Commissioner Kosusko asked if there were any other questions (from the commission). Seeing none, he asked if there were any comments from the public on this item. Seeing none, he then closed the public comment portion of the hearing and returned to discussion. Commissioner Wood stated that this proposal makes sense, especially removing criterion (g) because it is not really criterion. It seems pretty straight forward. Commissioner Buckingham stated that he agrees. It does seem pretty straight forward. He said that having criterion (a) as it was makes the test virtually impossible to apply. He says that he can see how it could put us in a position of creating a regulatory "taking." There is no point in having a test that no one can possibly meet. Th/s seems like a reasonable thing to do. Commissioner Cockburn stated that he wasn't sure that in the case of critical lands that are wetlands - that we don't want to make it nearly impossible. And that if we are going to do somettfing that takes this wetland and develops it that we do want to make it as hard as possible. If it is truly a wetland that we do want to make it something that is related to the wetlands. So we don't just have something that could fit and have a better economic fit on some other property that isn't so critical. Commissioner Kosusko asked if would be possible to retain this first element but rewrite it. Instead of saying "water dependent project" it's doesn't have to be water related, it just has to be something that is not detrimental. This prompted a lively discussion. Commissioner Dingfield said that it seems that people wanting to develop a piece of property have to go through a number of other hoops before they get to this hoop. She said that she doesn't have any fears about the critical wetlands being threatened by taking that criterion off because the standards are pretty high. If they are impacted and mitigation has to occur then you are still going to meet the intent of wetlands. The properties and the intent are going to be protected. Commissioner Nelson concurred. He said that his concern would be that people wouldn't be able to develop on wetlands if it is determined to be that. Certainly this test won't allow that to happen. It seems to be pretty straight forward as far as he is concerned. The change in language seems to be appropriate. He said that he could not visualize a water dependent project. This again prompted a short discussion of what that would be - but no one could think of one that would provide economic benefit. Mr. Hugo asked Ms. Ralph if there were any examples in the text. Plmming Commission Special Meeting November 12, 2002 Page 3 of 20 leo Ms. Ralph said that there are no examples in the text. She said that she had done some research with other municipalities and this criterion reads a lot like something you would read in the Shoreline Master Program variance process. In that process you can have water dependent uses, such as a marina or boat launch. She said that she couldn't find any municipality that had anything even remotely like this. Aside from conservancy places that have trails and such through wetlands - the only examples of those are pretty large scale, high end wetlands, she could think of no other water dependent uses requiring a wetland. In the case of our applicant, we're talking about a tenth of an acre of wetland. It is a very small site, very little is economically feasible. Even the idea of access, it is true it could be a water dependent use but it wouldn't provide any economic benefit. No, aside from a larger wetland or use as a nature reserve she hasn't found any examples. Commissioner Coekburn asked if the entire tenth of an acre was a wetland. Ms. Ralph answered, "Yes." In fact, more of the site is a wetland but a tenth of an acre is the part that would be disturbed. Commissioner Cockburn stated that some property that is a wetland never will be developed. He then shared that he personally inherited one sixth of a farm along Ebby Sloe. With the change in drainage for generations it had been dyke property. It was allowed to be flooded and became a wetland. We couldn't keep it with its original source and had to sell it to the city as a park. We just couldn't maintain development on that property. It was a wetland - my grandfather destroyed the wetland to put a farm on it. Some property is not developable. Ms. Ralph responded by saying that there are parcels that will still not be developable. Those properties will not pass the rest of the cr/teria. But this particular parcel is next door to a single family home and is proposed to be a single family home. There is possibility of only one other parcel in that area being developed without being sub-divided and if the others were short platted or long platted we would make the wetland protection a criteria. There are a lot of methods to protect wetlands. This is the desperation measure. When it gets down to this one they can either do nothing on a legally short platted lot or we allow them to do as little as possible and seize some economic gain. Commissioner Kosusko asked if there are provisions elsewhere for replacing a wetland that is disturbed. Ms. Ralph said that yes. We have a zero net loss policy, so that should still be the case - whether they are increasing the value and function ora wetland on site or they are doing off-site mitigation. Mr. Hugo asked Ms. Ralph to talk briefly about what the wetlands report suggested could be done - even though we don't like to focus on specific projects as we are proposing legislative changes. Planning Commission Special Meeting November 12, 2002 Page 4 of 20 Ms. Ralph explained that the case we're dealing with is an after-the-fact permitting process. This applicant received a building permit from our office without indicating on his original application that he was building on a wetland. So we started some code enforcement. She went out and walked around and it is definitely a wetland. We sat down with this applicant, and she has talked extensively with his wetland specialist. The specialist has done a lot to reconnect the hydrology of this parcel. It is across the street from the park at Kitsap Lake. It is a very difficult scenario. She said that when she first saw it she could not have guessed that it was a type one wetland. There are four different qualities of wetland and this one is the top of those classifications. It is a type one wetland because it used to be forested. It also has been disturbed already because of what the neighbors have done to it. So this wetland report and some of the mitigations that will be required if we give him the wetland permit would be: reconnecting the hydrology; putting notice to the title so that it will be a permanent deed restrictions and always be a wetland and its associated buffers; and some suggestions of near off-site things that could potentially be done. The report was quite extensive. We are talking to the Department o£Fisheries and Tr/bes about different things that can be done to mitigate this site. The applicant is a relatively young contractor and has had no experience with wetlands before and getting a dramatic crash course. The Army Corp of Engineers has permitted the filling of this tenth of an acre requiting some low impact development things for reducing the impervious surface and footprint of the house. A motion was made by Commissioner Buckingham and seconded by Commissioner Kennedy to recommend to the City Council for approval of text amendment PL02-0063. Called for a vote: Buckingham: yes; Cockburn: no; Dingfield: yes; Kennedy: yes; Nelson: yes; Wood: yes; and Kosusko: yes. Motion carries. b. Draft Ordinance - Shoreline Master Program Amendments - Proposed Ordinance which would amend Chapters 3, 4, and 5 of the City of Bremerton Shoreline Master Program relating to downtown waterfront site development standards regarding shoreline setbacks, view corridors, and height restrictions in the Downtown District. Mr. Itugo presented on this draft ordinance. He started with a brief history of downtown regulation changes. Beginning in late summer 2000 the City started looking at new downtown policies and regulations, which the Planning Commission was a part of since last year we were engaged in the 2001 Comprehensive Plan revisions. That package included the downtown development policies and the proposed downtown regulations. The policies and regulations were broken apart mid- year 2001 and the regulations were set aside. The policies went forward and were accompanied by Peter Calthorp's work - policies and Illustrative Plan, which was adopted by Council last November or December. The regulations have been sitting there every since. As we begin looking at adopting the regulations recommended by the Planning Commission, we discovered some linkages - the zoning references to the shoreline environment in the downtown waterfront district went all the way back to the DWURP (Downtown Waterfront Urban Renewal Plan). The DWURP was Plarming Conzmission Special Meeting November 12, 2002 Page 5 of 20 City of Bremerton Department of Community Development DETERMINATION OF NONSIGNIFICANCE Application File #: PL 02-0063 Date Issued: November 19, 2002 Date Published: November 22, 2002 ACTION: APPROVED PROPOSAL: To perform a text amendment to the Bremerfon Municipal Code, section 21.22.240. The proposal will remove cdtedon "(a)" from the Extraordinary Hardship Test located within the wetlands section of the Cdtical Lands Ordinance. LOCATION: The text amendment would be applicable citywide PROPONENT: City of Bremerton Department of Community Development 286 4th Street Bremerton, WA 98337 The SEPA Responsible Official of the City of Bremerton hereby makes the following Findings and Conclusions based upon a review of the Environmental Checklist, comments received in response to the Notice of Application issued on November 2, 2002, other information on file with the City of Bremerton, and the policies, plans and regulations designated by the City of Bremerton as a basis for the exercise of substantive authority under the Washington State Environmental Policy Act (SEPA) pursuant to RCW 43.21C.060. CONCLUSIONS OF RESPONSIBLE OFFICIAL: The Responsible Official concludes that the proposal does not have a probable significant impact on the environment, and an Environmental impact Statement is no required pursuant to RCW 43.21.C.030(2)(c). This decision was made after a review of the completed Environmental Checklist, other information in the file with the City of Bremerton, and existing regulations. This information is available to the public upon request. This Determination of Nonsignificance (DNS) is issued after using the optional DNS process in WAC 197-11-355. Thers is no further comment period on the DNS. RESPONSIBLE OFFICIAL: Christopher R. Hugo, Director Department of Community Development City of Brsmerton 286 Fourth Street Bremerton, WA 98337 STAFF CONTACT: Dri Ralph, (360) 478-5845 LEAD AGENCY: City of Bremerton DATE OF ISSUE: November 19, 2002 DATE OF PUBLICATION: November 22, 2002 APPEAL DEADLINE: December 6, 2002 'x~C~istopher R. Hugo, Responsible Official NOTE: Pursuant to RCW 43.21C.075 and City of Bremerton environmental regulations (]~MC Chapter 21.12.210), decisions of the Responsible Official may be appealed. Appeals must be filed with the appropriate fees at the Department of Community Development located at the Bremerton Permit Center, 286 Fourth Street, Bremerton, 98337. Appeals must be filed by the date indicated above as "Appeal Deadline." If you appeal, you should be prepared to make specific factual objections. NOTE: The issuance of this DNS does not constitute project approval. The appiicant must comply with all other applicable requirements of the City of E~remerton and State of Washington prior to adoption of the ordinance.