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Home My WebLink About04/14/04 AGENDA FILE 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251 CITY COUNCIL MEETING AGENDA APRIL 14, 2004 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 p~...~ 3. CONSENT AGENDA A. Minutes of Meeting - March 17, 2004 (#AB04-054) B. Minutes of Meeting - March 24, 2004 (#AB04-055) 4. CLAIMS/CHECK REGISTERS 5. MAYOR'S REPORT 6. NEW BUSINESS A. Application from SEATTLE OUTBOARD ASSOCIATION for a Hydroplane/Runabout Race on Kitsap Lake May 15 & 16, 2004 (#AB04-056) B. Purchase Requisition with SPRING CITY ELECTRICAL MANUFACTURING COMPANY, INC. for the Procurement of Street Lights for the SR-304 Transportation Improvement Project, Downtown Phase; and Second Street Improvements (#AB04-057) C. Contract Award to CA CAREY CORPORATION for the SR-304 Transportation Improvement Project, Downtown Phase - Stage 1E (#AB04-058) D. Change Order No. 3 to STAN PALMER CONSTRUCTION Contract for Sewage Pump Station ED-2 Modifications (#AB04-059) E. Approval to hire Assistant City Attorney at Initial Salary Rate of Pay Band 17, Rate 3 (#AB04-060) 7. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS A. Ordinance [First Reading] amending Section 6.32.01u of the Bremerton Municipal Code relating to noise control districts to include the DW and DC zones (#AB04-061) B. Ordinance [First Reading] amending Sections 11.08.100 and 11.08.130 of the Bremerton Municipal Code relating to permit and insurance requirements for sidewalk construction, reconstruction, and repair (#AB04-062) C. Ordinance [First Reading] repealing and replacing Chapter 2.78 of the Bremerton Municipal Code relating to real property transactions (#AB04-063) D. Resolution No. 2923, declaring Public Utility Property Surplus; and Lease of the Property to Daniel & diane Robinson, Owners of ELANDAN GARDENS (#AB04-064) 8. PUBLIC RECOGNITION - Comments limited to 3-minutes 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING E-mail: citycouncil@ci.bremerton.wa.us · Web: ww~v.ci.bremerton.wa.us DATE SUBMITTED: MARCH 30, 2004 BILL# 0~/- AGENDA BILL CITY OF BREMERTON 3 CITY COUNCIL SUBJECT: Minutes of Meeting - Committee Meeting Date: N/A March 17, 2004 COUNCIL MEETING Date: April 14, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held Ma rch 17, 2004 ATTACHMENTS: Minutes for March 17, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIIOJECTOR: MAYOR: FISCAL/BUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. I COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action TAPE #1941 CITY COUNCIL MEETING MINUTES Wednesday, March 17, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, March 17, 2004, at 5:30 P.M., with Council Vice-President Cecil McConnell presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, and Brad Gehring. Council President Daren Nygren was absent. Also present were City Attorney Roger Lubovich; Interim City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Brad Gehring, followed by the invocation provided by Chaplain Butch Hall of Kitsap Lake Baptist Church. Vice-President McConnell made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM. CONSENT AGENDA A. Professional Services Agreement for Laboratory Services with the Kitsap County Health District (#AB04-039) #0020 MISICIU (Priest/Robinson) Move to approve Consent Agenda as presented. Mike Shepherd arrived to the meeting at 5:35 P.M. and was not available for the previous vote. 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. #0040 MISICIU (ShordMaupin) On March 24, 2004, the Council approved payment of Check numbers 289004 through 289111 and EFT-8097 through EFT-8103 in the amount of $1,225,218.11 on the Master Check Register; and Regular Payroll in the amount'of $904,460.71 for the pay period ending March 15, 2004. MAYOR'S REPORT · Recognized the Police Department on a "Job Well Done"; · Announced that following demolition of the DARI-FRESH site for the future Fire Station, contracts will go out in about a month; · Provided an update on the Chester Manor apartments project; · Stated that the Reverend Dr. Martin Luther King, Jr. building renovation project will still cost about $415,000, but he believes that it is possible to get funding for this project; · Acknowledged Jim Spencer, Director of the Parks & Recreation Department for improvements made to Lion's Park and for his involvement in the "Senior Games" event; and discussed a future bond proposal would be developed to address the need for improvements to City parks and the Senior Center; · Announced that Grand Openings for the Government Center and Conference Center would be happening this summer; and a Committee was formed to raise the $40,000 needed from the private sector to support these events; and · Thanked Gary Sexton, Economic Development Director for all of the work he has done to bring forward the Conference Center Project. 6A - PURCHASING AGREEMENT WITH BUSINESS INTERIORS NORTHWEST FOR FURNITURE LAYOUT DESIGN SERVlCES~ FURNITURE PURCHASE~ DELIVERY~ AND INSTALLATION IN THE TAPE #1941 City Council Reg. Mtg. Minutes March 17, 2004 Page 2 of 4 KITSAP CONFERENCE CENTER~ CITY HALL IN THE GOVERNMENT CENTER~ THE NEW POLICE & MUNICIPAL COURT FACILITY, AND NEW FIRE STATION NO. I (#AB04-037): Gary Sexton, Economic Development Director, pointed out that this is a request for appreval of the agreement between the City of Bremerton and BUSINESS INTERIORS NORTHWEST (BINW), and would hire BINW to provide furniture layout design services, furniture purchase, delivery, and installation. The agreement adopts the CiTY OF TACOMA purchasing agreement with furniture purchasing ranging from 50 to 72% off list; and cost, plus 25%, for ancillary furniture. BMC 2.76.600 allows for an exception to the bidding requirements when the City adopts another jurisdiction's bid contract. There were no comments from the public. #0350 M/S/C/U (ShortJArends) Move to approve the Agreement with BUSINESS INTERIORS NORTHWEST for design, furniture purchase, delivery, and installation in the Kitsap Conference Center, City Hall in the Government Center, the new Police/Court facility, and the new Fire Station 1; and authorize the Mayor to execute the agreement in substantially the same form as presented. 6B - PROFESSIONAL SERVICES AGREEMENT WITH MILES YANICK & COMPANY FOR DESIGN OF THE SKATEPARK IN EASTPARK (#AB04-040): Jim Spencer, Parks & Recreation Director, summarized that in the fourth-quarter of 2003, a panel of people convened and interviewed four skatepark design companies who had responded to an RFQ to design a new skatepark in Eastpark. This panel consisted of representatives from the Bremerton Parks & Recreation Commission, Bremerton Skaters and Supporters United (BSSU), and City staff. MILES YANICK & COMPANY was selected by this panel to do the design of this new park. The attached Professional Services Agreement is comprehensive, and includes design support all the way through construction. An important element of the design process will be conducting public meetings to ensure a park design that is consistent with the desires of the majority of the future users. The contract amount to perform these services is $44,000. It was pointed out that this was an approximately $300,000 project, and although they have been successful in obtaining about $125,000, they are still in the~ process of searching for additional funding sources for the balance. There were no comments from the public. Carol Arends and Will Maupin provided additional comments in support of this proiect; Mike Shepherd acknowledged the group of young skaters who organized themselves to initiate the process to build the skatepark; and Brad Gehring recognized and complimented Jim Spencer and his Department for their efforts with this project. #0603 MISICIU (Arends/Maupin) Move to approve the Professional Services Agreement with MILES YANICK & COMPANY in the amount of $44,000; and authorize Mayor to execute the same. 7A - ORDINANCE [FIRST READING] APPROVING AMENDMENT NO. 1 TO PORT BLAKELY TREE FARMS INITIAL DEVELOPMENT AGREEMENT (#AB04-041): RoRer Lubovich, City Attorney, reported that the Initial Development Agreement between the City and PORT BLAKELY TREE FARMS previously approved by City Council provides in Section 6.4 that the City may give notice to PORT BLAKELY any time after June 2004 if it believes diligent progress is not being made with respect to the submission of the Master Plan and E~S. PORT BLAKELY has requested an amendment to the Initial Development Agreement that would extend the time after which the City may provide this notice to PORT BLAKELY to June 30, 2007. Staff is recommending that Section 6.4 be deleted in its entirety, and that Section 5.3 relating to development of the Master Plan be amended to correct references to the zoning code resulting from amendments to said code. There were no comments from the public. TAPE #1941 City Council Reg. Mtg. Minutes March 17, 2004 Page 3 of 4 Mike Shepherd provided his comments in support of this amendment. #080'1 M/S/C/U (Shepherd/Arends) Move to approve the proposed ordinance on first reading approving Amendment No. 1 to the PORT BLAKELY TREE FARMS Initial Development Agreement. ?B - PUBLIC HEARING FOR COUNCIL COMMENT AND DIRECTION REGARDING AMENDMENTS 'tO THE 2004 COUNTY~VIDE PLANNING POLICIES AS PROPOSED BY THE KITSAP REGIONAL COORDINATING COUNCIL (#AB04-038); Chris Hu,qo, Director of Community Development, stated that the policies were presented at length during study sessions and at last week's public hearing, and that it is time for Council to provide direction to staff as to what changes or comments need to be incorporated into the policies. Since each jurisdiction is currently reviewing the countywide planning policies, any proposed changes offered by Bremerton would be shared with local jurisdictions. Mr. Hu.qo pointed out that the Council held several Study Sessions, and along with input from the Bremerton Planning Commission, determined 6 "Suggested Items for Change". Each of these 6 items was reviewed individually to determine if there was agreement by the Council to now submit these items on behalf of the City of Bremerton. Those items included amending Page 7, Section B-1 regarding "Land Capacity"; Page 25, Section H-4 regarding "Element C"; Page 6, Section A-4 regarding "Range"; Page 24, Section 2-bi regarding "Opticom"; and Page 21, Element G regarding "Essential Public Facilities". Mr. Lubovich summarized the ratification process for the policies. Mr. Gehrin,q and Me. Robinson attended the KRCC Stakeholders Meeting earlier this week; and Mr. Gehrin,q commented that the expectations for these proposed changes were realistic. Mr. Shepherd emphasized that because each jurisdiction has its own needs, they may ultimately support differing policies; and believed there was need for improvement in the agreement process. Mrs. Arends pointed out that planners will be meeting to discuss all of the suggestions proposed by cities so that during final ratification any differing opinions would be resolved. Mr. Maupin was concerned that because lack of action by a city may be considered a form of approval, he wondered whether or not 60 days would be enough time for cities to respond to proposed changes to the policies. Mr. Short agreed that automatic ratification may not be appropriate and would like to see fur[her change to the policies. Ms. Priest asked if these proposed changes would be presented to the Planning Directors. Mr. Hu.qo answered that the planners would go through the document item-by-item. Mr. McConnell encouraged any members of the public to provide their input if they had not spoken at the previous hearing. There were no comments from the public. Mr. Gehrin.q stated there may be some valid concerns that require serious consideration prior to final ratification of the policies. #'1785 MISICIU (M@upin/Robinson) Move to direct the Staff to forward the comments from the Council on the proposed 2004 Countywide Planning Policy amendments to the Kitsap Regional Coordinating Council's (KRCC) Planning Director's Committee for consideration. PUBLIC RE, COGNITION Jack Lefcosk!, President of Kitsap Lake Neighborhood Association, brought a list of "25 Items of Concern" determined after a number of neighborhood meetings that were then provided in a report and distributed to City staff and Council members, and expressed his disappointment that little feedback has been received. TAPE #1941 City Council Reg. Mtg. Minutes March 17, 2004 Page 4 of 4 Allen Shute discussed his current state of homelessness, and what he believed to be a lack of adequate resources to deal with citizens in need. Carol Arends countered that there are a number of programs and services available to citizens in need, and offered to assist Mr. Shute in obtaining a list of contact information for these organizations. Don Larson hoped that the City of Bremerton would someday become a tourist attraction. COUNCIL MEMBER REPORTS Brad Gehring in response to the concerns raised by Mr. Shute, added that there were several Veteran Programs available to assist those in need; and cautioned citizens to be more aware of their surroundings due to the nature of some recent crimes reported in the City. Wendy Priest announced the Annual Spring Fashion Show sponsored by Kitsap Community Resources on Friday, March 26~ starting at 6:00 P.M. at the Kiana Lodge, and added that anyone interested for more information may contact KCR at (360) 473-2003. Mike Shepherd suggested that any citizen who would like to provide input regarding the configuration of future District 4 & 5 Neighborhood meetings to please contact either Wendy or himself with comments on their preference; was pleased to hear the Firefighter Brett Jones was progressively healing after being involved in an accident white falling a tree; and lastly, discussed a vegetable garden planted by members of the Bremerton Food Line. Carol Arends discussed the activity taking place on Callow Avenue, including construction for the next phase of the Gateway Project and the addition of the Metropolis Gallery to her district. Will Maupin wished everyone a "Happy St. Patrick's Day~; reiterated information on the "Senior Games" event to be held July 8 through 11; and reported that passenger-only ferries were discussed at the "Marine Transportation Association of Kitsap" meeting he attended today. Cecil McConnell announced that he would be attending the Kitsap Regional Coordinating Council working dinner along with Council Members Gehring, Priest, Robinson, Arends, and Short at Mitzel's Restaurant in Poulsbo tomorrow night. With no further business, the meeting of the City Council was adjourned at 6:55 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk CECIL McCONNELL, City Council Vice-President City of Bremerton CMIP Jlls/cge DATE SUBMITTED: April 2, 2004 BILL# AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting- Committee Meeting Date: N/A March 24, 2004 COUNCIL MEETING Date: April 14, 2004 Department: City Council Presenter: Daren Nygren, Council President Phone: (360) 473-5280 SUMMARY: Attached are the minutes for the Council Meeting held March 24, 2004 ATTACHMENTS: Minutes for March 24, 2004 FISCAL IMPACTS (Include Budgeted Amount): 0 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAI_dBUDGET: CONSENT AGENDA [] OPERATIONS: COUNCIL PRESIDENT: ~ ~ RECOMMENDED MOTION: Move to pass the Consent Agenda as presented. COUNCIL ACTION: [] Approve [] Deny [] ~Table [] Continue [] No Action TAPE #1942 CITY COUNCIL MEETING MINUTES Wednesday, March 24, 2004 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~ Street, Bremerton, Washington, Wednesday, March 24, 2004, at 5:30 P.M., with Council President Daren Nygren presiding. Council members present were Mike Short, Will Maupin, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Cecil McConnetl and Brad Gehring. Also present were City Attorney Roger Lubovich; Interim 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 Youth Associate Pastor Jonathan Olesen of Sylvan Way Baptist Church. President Ny,qren made the following announcements: 1. The Pre-Council session was held in the Council Conference Room from 5:00 to 5:30 PM. 2. Patience would be appreciated due to technical difficulties with the BKAT cameras. CONSENT AGENDA A. Minutes of Meeting - March 10, 2004 (#AB04-042) B. 2004 Final CDBG Recommendations (#AB04-043) C. Change Order No. 3 for "Casad Dam Intake Tower Upgrades" Project (#AB04-044) #0025 MIS/CIU (PriestJArends) 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. #0045 MISICIU (McConnell/Short) On March 24, 2004, the Council approved payment of Check numbers 289096 through 289111; and EFT-8097 through EFT-8103 in the amount of $1,255,218.11 on the Master Check Register; and Regular Payroll for the pay period ending March 15, 2004 in the amount of $904,460.71. MAYOR'S REPORT- There was no MAYOR'S REPORT this evening. 6A - SUPPLEMENT NO, 1 TO PROFESSIONAL SERVICES AGREEMENT WITH EXELTECH CONSULTING~ INC. FOR PERMITTING AND DESIGN OF TRUNK STORM SEWER FOR CSO REDUCTION IMPROVEMENTS IN THE PACIFIC AVENUE BASIN (#AB04-045): Tom Knuckey, Engineering, stated that the City is required to complete Combined Sewer Overflow (CSO) Reduction Improvements in the Pacific Avenue Basin by 2007. A major component of the work is installation of a large trunk sewer to convey stormwater from the western half of the basin to the existing outfall at the Ferry Terminal. This Supplemental Agreement No. I adds scope and budget to the Professional Services Agreement with EXELTECH CONSULTING, INC. to allow integration of the permitting and design of the trunk storm sewer and other appurtenant system modifications into the "Downtown Pedestrian/BTC Access Improvements Project". There were no comments from the public. Mr. Shepherd expressed his concern at the loans already outstanding, and therefore questioned how much of the $4,270,977.99 funding was from the EPA Grant, and how much of the funding was from the Public Works Trust Fund loan. Mr. Knuckey responded that $1.9 million is from the grant, and the remaining is from the loan. Michael Wilson, Finance Director, added that the Rate Study is TAPE #1942 City Council Reg. Mtg. Minutes March 24, 2004 Page 2 of 5 currently in process, and is expected to be completed in approx. 30 days. He indicated that the Capital component of the Sewer & Utility Budget shows the amount being paid out for debt this year is 50% of the Operating Budget, however, one of the current bonds is about to retire, which will reduce the amount the City is paying out for debt by $2.4 million. #03?0 MISIC/U (Arends/McConnell) Move to approve Supplemental Agreement No. 1 to the existing Professional Services Agreement with EXELTECH CONSULTING, INC; and authorize the Mayor to finalize and execute the necessary contract documents for the agreement. 6B - LOCAL AGENCY STANDARD CONSULTANT AGREEMENT WITH SAMPL£Y CONSULTING FOR THE "DOWNTOWN PEDESTRIAN/BTC ACCFSS IMPROVEMENT PROJECT" (#AB04-046): Gary Sexton, Economic Development Director, said that the City requires project management assistance for the "Downtown Pedestrian/BTC Access Improvement Project", and retaining the services of W. Eugene Sampley dba SAMPLEY COI~SULTING to manage the project will provide the expertise necessary to maintain project continuity, scope, and schedule. A Local Agency Standard Consultant Agreement for federally funded projects has been negotiated with SAMPLEY CONSULTING for the "Downtown Pedestrian/BTC Access Improvement Project" for a total authorized amount not to exceed $50,000, it is therefore recommended that City Council approve the attached Local Agency Standard Consulting Agreement with SAMPLEY CONSULTING. There were no comments from the public. Mr. McConnell commented that for this particular project, Gene Sampley would be the most qualified. Mr. Short added that the City is fortunate to retain the services of Mr. Samptey for this important project. #0535 MISICIU (Arends/Short) Move to approve the Local Agency Standard Consultant Agreement with SAMPLEY CONSULTING for the "Downtown Pedestrian/BTC Access Improvement Project" in the amount not to exceed $50,000; and authorize the Mayor to finalize and execute the same. 6C - PROFESSIONAL SERVICES AGREEMENT WITH SAMPLEY CONSULTING FOR PROJECT OVERSIGHT OF THE PUBLIC SAFETY BUILDING AND FIRE STATION NO. I (#AB04-047): Gary Sexton, Economic Development Director, commented that the City requires assistance in implementation of the public safety measures approved by the public. The Director of Economic Development has negotiated a Professional Services Agreement with SAMPLEY CONSULTING to perform project oversight and coordination of project administration, oversight and coordination for design and construction of the Public Safety Building and new Fire Station No. 1 and provide other assistance as request by the City. It is recommended that City Council approve the attached PSA with SAMPLEY CONSULTING In an amount not to exceed $80,000. There were no comments from the public. Mr. McConnell believes that the City already has a current employee who can fulfill this role at a cost of $55 per hour vs. this contract for $110 per hour. Mr. Short pointed out that the Council previously made a commitment to Mr. Sexton to support any request for additional help, and that a current employee may earn $55 per hour, but that figure does not include the cost for benefits also received by this employee. Mr. Maupin provided his comments in support of this contract for a Project Manager, but asked if a Project Administrator would also be required. Mr. Sexton responded that it was not expected. Mr. Shepherd provided comments in support of this contract, but encouraged the use of Public Works staff whenever possible. Mrs. Arends also provided comments in support of this contract. TAPE #1942 City Council Reg. Mtg. Minutes March 24, 2004 Page 3 of 5 Mr. Gehrin.q stated that although he recognizes that Mr. Samp~ey is a strong asset, he recalled that during budget negotiations, the Council agreed not to exceed the salary paid to Ms. McCluskey. #0965 M/SIC (ShoWMaupin) Move to approve the Professional Services Agreement with SAMPLEY C©NSULTING in the amount not to exceed $80,000; and authorize the Mayor to finalize and execute the same. Voted in favor of Motion: Shepherd, Robinson, Arends, Maupin, Shod, Priest, Nygren Voted opposed to Motion: Gehring, McConnell Motion carried: 7-Yes; 2-No 6D - BUDGET ADJUSTMENT AUTHORIZING AN APPROPRIATION OF $20,000 TO THE CONTINENCY RESERVE FUND FOR APPRAISAL FEES RELATED TO THE SALE OF CITY PROPERTY (#AB04-048): Gary Sexton, Director of Economic Development, anticipated that several City properties will be offered for sale and sold in the near future. As preparation for this it is necessary to obtain appraisals on each property. The 2004 budget did not anticipate these expenditures. It is requested that an increase to Contingency Reserve appropriations be approved to allow these appraisals to be performed. Proceeds from the sate of these properties will be deposited to this fund as they are sold. There were no comments from the public. Mr. N¥.clren reminded the Administration to pay attention to the time-line when it is decided that an appraisal will be done; and because the Council has an interest in the properties that are suplused, he asked that the Council be involved when future discussions of surplusing properties take place. #1080 M/S/C/U (McConnell/Gehring)Move to approve the 2004 Budget Adjustment authorizing the appropriation of $20,000 in the Contingency Reserve Fund for appraisals. 7A - ORDINANCE NO. 4890 [SECOND READING] APPROVING AMENDMENT NO. I TO PORT BLAKELY TREE FARMS INITIAL DEVELOPMENT AGREEMENT (#AB04-041): First reading of this ordinance was heard on March 17, 2004. Roger Lubovich, City Attorney, was available for questions. There were no comments from the public. #1135 M/S/C/U (McConnell/Arends) Move to pass Ordinance No. 4890 on second reading approving Amendment No. 1 to the PORT BLAKELY TREE FARMS Initial Development Agreement. 7B - RESOLUTION NO. 2921, AUTHORIZING AN INTERFUND LOAN TO THE GENERAL FUND FROM THE CONTINGENCY RESERVE FUND (#AB04-049): Michael Wilson, Finance Director, explained that the General Fund has a history of cash flow deficiencies occurring twice each year due to property tax collection cycles. As a result, the General Fund has an immediate need for an interfund loan in order to meet cash flow needs. The Contingency Reserve Fund was established to support and protect the General Fund in the event of unforeseen and unfunded emergencies. It is proposed that the Council authorize the Director of Finance to make an interfund loan from the Contingency Reserve Fund to the General Fund in an amount not to exceed $700,000. This loan shall bear no interest rate since the Contingency Reserve Fund functions as a reserve for the General Fund. This loan shall be repaid on or before December 31, 2004. There were no comments from the public. Mr, Short asked what would be the remaining balance of the Contingency Reserve Fund after this loan. Mr. Wilson responded that the beginning balance of the Contingency Reserve Fund was TAPE #1942 City Council Reg. Mtg. Minutes March 24, 2004 Page 4 of 5 approx. $765,000, so after this inter~und loan request, and the $20,000 previously approved for obtaining appraisals, approx. $45,000 will remain. It was pointed out that approx. $200,000 would be "set aside" for future cash-flow needs. There was additional discussion on finance issues by a few Council members prior to the vote... #1575 M/SIC (ShoWMaupin) Move to approve Resolution No. 2921 authorizing the Director of Finance to make an inter~und loan from the Contingency Reserve Fund (Fund 103) to the General Fund (Fund 001) in the amount not to exceed $700,000. Voted in favor of Motion: Maupin, Short, Gehring, McConnell, Priest, Robinson, Arends, Nygren Voted opposed to Motion: Shepherd Motion carried: 8-Yes; 1-No PUBLIC RECOGNITION Ed Rollman asked the Council to consider naming Building 50 in honor of the Commander for the USS PUEBLO Commander, Capt. Pete Bucher; and requested help in addressing the lack of parking enforcement in the 600 block of Highland. Mr. Ny,qren indicated that the City is considering a policy for the naming of buildings; and Ms. Priest added that she only recently became aware of the problems with parking on Highland, and encouraged anyone who has an issue requiring her attention is welcome to leave her a message at the Council office at (360) 478-5280. Allen Shute was pleased that several Council members have agreed to meet with him to discuss several issues of interest; and at his request, RCW 46.61.582 titled "FREE PARKING BY DISABLED PERSONS" was read into the record by the Interim City Clerk. Don Larson discussed the Kitsap Water Festival held earlier today on the campus of Olympic College; announced the Sinclair Inlet Clean-up event scheduled from 11:00 AM to 2:00 PM on Saturday, April 17; and asked everyone to get involved in planting a tree in honor of "Earth Day". Wayne Godfrey of the YMCA discussed the upcoming fundraiser to provide scholarships for Iow- income families for before and after school child care. He pointed out that Paula Johnston, Daren Nygren, and Will Maupin are fundraising representatives and can assist anyone interested in donating. COUNCIL MEMBER REPORTS Brad Gehrin.q encouraged citizens to contact legislatures to support bdnging NASCAR to our area; and discussed a Conference on Tourism hosted by KITSAP INDUSTRY NETWORKS he recently attended. Cecil McConnell addressed a common misconception, clarifying that the Gold Mountain Golf Complex is not subsidized by tax dollars, but rather paid entirely by fees from the golfers. Mr. Ny.qren added that the golf course actually provides revenue. Wendy Priest discussed a positive meeting with members of the Bremerton Swing Committee and Downtown Merchant Association; and her plans to attend the American Red Cross Heroes Breakfast, her first Kitsap Community Resources Board meeting, and the KCR Annual Spring Fashion Show. Mike Shepherd encouraged citizens to spend their dollars locally; mentioned several issues to be discussed at the Evergreen Neighborhood Association meeting scheduled on Sunday, March 28 at 4:00 PM at Cafb Destino; and asked citizens to contact the Council office if they would like to assist in Earth Day activities on April 17. TAPE #1942 City Council Reg. Mtg. Minutes March 24, 2004 Page 5 of 5 Dianne Robinson offered her help for Earth Day; discussed the Tourism workshop she attended along with Brad; and lastly, announced a District 6 meeting would be held sometime in April. Will Maupin invited citizens to attend a tree planting and dedication of the new "H.O. WHITEY DOMSTAD VIEWSCAPE" park at the east end of the Manette Bridge at 2:00 PM on Arbor Day, Wednesday, April 14 in honor of the former Mayor. Daren Ny.qren thanked County Commissioner Patty Lent for meeting with him regarding Rural Interim Forest Lands, and for supporting the Downtown Library; and thanked B.U.G.S. (Bremerton Urban Garden Society) for their efforts in planting vegetable gardens to promote gardening and to benefit the Bremerton Food Line. He also thanked all those citizens who participated in the meeting tonight. With no further business, the meeting of the City Council was adjourned at 6:51 P.M. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: PAULA JOHNSTON, Interim City Clerk DAREN NYGREN, City Council President · City of Bremerton DN/P JIIslcge DATE SUBMITTED: March 31, 2004 BILL AGENDA BILL CITY OF BREMERTON ~ CITY COUNCIL SUBJECT: Hydroplane/Runabout Race on Committee Meeting Date: April 6, 2004 Kitsap Lake COUNCIL MEETING Date: April 14, 2004 Department: Parks & Recreation Presenter: Jodi Wroblewski Phone: 473-5429 SUMMARY: The Seattle Outboard Association (SOA) has once again applied (Exhibit 1) to the City of Bremerton for permission to host a hydroplane/runabout race on Kitsp Lake. The 2003 event was deemed a success. The organizers have satisfactorily complied to all of the 2004 requirements set forth by the Police, Fire, Risk Manager and Parks & Recreation Departments. The Kitsap Lake neighborhood will be apprised of the event via flyers. According to all departments, there were no significant incidents associated with their 2003 event. ATTACHMENTS: SOA Application Requirements Letter response, March 29, 2004 Letter from T.J. Dargan, Commander NSB FISCAL IMPACTS (Include Budgeted Amount): No forseeable impacts APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Motion toapprove th~ Seattle Outboard Association's application to hold a hydroplane/runabout race on Kitsap Lake on May 15 and ! 6, 2004 COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action EXHIBIT I R .C E,VEO FEB 2 7 2004 TAX & LICENSE Deputy City Clerk February 10, 2004 Paula Johnston 239 Fourth Street Bremerton, WA 98337 Dear Paula, Please accept this letter as the official application on behalf of the Seattle Outboard Association to host a sanctioned regatta on Kitsap Lake during the weekend of May 15-16, 2004. The Btemerton Chamber of Commeme has officially included this event as part of the Bremerton Armed Forces Day weekend festivities. The event will once again be held at the US Naval Station facility, Camp McKean. We understand that the City Park boat launch will be closed to the public for that weekend and we request access to the boat launch for rescue and patrol boats, as well as 4 classes of race boats. As in 2003, we will again arrange for additional off-site spectator parking and work in conjunction with Kitsap Transit to provide shuttle services. Listed below is the information requested in paragraph 3 of City Ordinance 13.08.080. Similar information plus greater details can be found in the accompanying Regatta Insurance Application. 3a) Sponsoring Organization: Seattle Outboard Association 8517 242"a SW #501 Edmonds, WA 98026 3b) Event Contacts: John Erickson Ph: (206) 780-9731 D~ wight Malhiot Ph: (360) 830-4978 P.O. Box 10159 Fax: (206) 780-5167 279 Gold Creek Rd NW Bainbridge Is., WA 98110 Bremerton, WA 98312 3c) Event Name: 2004 Kitsap Hydro Fest Purpose: To conduct and promote the sport of outboard powered boat racing. 3d) General Interests: SOA is a nonprofit organization, founded in the late 1920's, to promote the sport of outboard powered boat racing featuring two classes of boats, hydroplanes and runabouts. These boats range in sizes from 8 to 12 feet in length and the drivers range from juniors, beginning at 9 years old, all the way up to seniors. Some of SOA's members have gone on to becoming famous professional unlimited hydroplane drivers including Chip Hanauer and Nate Brown. 3e) Estimated number & types of watercraft: 85-100 outboard powered hydroplanes & runabouts. 3t) Estimated number of spectator watercraft: None - Lake Closed. 3g) Estimated number of persons, participants, and all others: 150-200. 3h) Minimum number of sponsoring boats and persons to patrol the event: At least 5 boats and 6 people. 3i) Time schedule and description of events: 9:30am to 6:00pm, approx. 14 classes with 2 heats each of limited hydroplanes and mnabouts. 3j) Section of a chart showing the boundaries of the event: See accompanying diagram. 3k) Certificate of Insurance: See accompanying American Power Boat Association Insurance Application. A Liability Insurance policy, in the amount of $5,000,000, will be issued prior to event start and copies submitted to the City of Bremerton. A 2003 sample copy is attached. SOA will have five patrol/rescue boats on the racecourse prior to the start of each heat of the race. Two boats are dedicated for rescue purposes, as required by the American Power Boat Association and BMC 13.08.080(6)(C), and will contain devices to lift injured drivers from water, First Aid Kits, Fire Extinguishers, and two-way radios. The primary rescue vessel has been specially designed with a drop-down bow section that allows for easy transport of a Stokes stretcher to-and- from the water and/or shore. This vessel will be manned by three members of the Bremerton Race Rescue team consisting of two EMT's and a rescue diver. They will be on-station as designated by the Fire Chief, typically in the center of the racecourse, with its engine idling in neutral, ready to respond quickly, and is in radio communication with the entire race committee and the other patrol and rescue watercraft. The secondary rescue boat will have a backboard and be operated by authorized personnel of SOA and will typically patrol inside the area of the first mm. In addition to the two rescue vessels, there will be two safety judge boats, one anchored inside each end of the racecourse, along with a third patrol boat typically patrolling the inside area of the second turn. SOA will coordinate to have two paramedics who will be onsite for the duration of both days. The ambulance will be positioned nearby the dock at Camp McKean, and a clear roadway access to the street will be maintained and supervised by SOA's designated Risk Manager. The Risk Manager for this event will thoroughly inspect the racecourse, and ali areas to be used by spectators or participants. Plastic banner type fencing will be positioned to designate spectator and any hazardous areas. SOA will post a $1,000 performance bond (or cash) to the City of Bremerton for this event and will be issued prior to the start of the event as outlined in BMC 13.08.080(4). The State Department of Fish and Wildlife in Olympia was contacted prior to last year's event and they had stated that no permits were required for the event and that the City of Bremerton has control of the lake. Our use of the City Park boat launch facility will be monitored, and cordoned-off if necessary, by a designated risk manager to ensure that public safety is maintained by others using the park. This event is sanctioned and insured by the American Power Boat Association (APBA) and SOA is the conducting club. APBA will provide a supplemental letter to the City of Bremerton that will include Hold Harmless language (outlined below) and signed by the Region 10 Chairman. The American Power Boat Association agrees to defend, indemnify and hold harmless the City, its appointed and elected officials and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of the American Power Boat Association's event held on Kitsap Lake on May 15tn and 16'n, 2004, except for alleged negligent acts or omission of the city, its appointed and elected officials and employees or any alleged defective condition of the premises. These regattas provide great spectator entertainment, free, for the whole family to enjoy for the weekend. The event is strictly sanctioned and insured by the American Power Boat Association, and our respect for the care and usage of the lake and park facilities, along with the safety of the spectators, is of our utmost concern. Please let me know if there is any additional information that you will need to process this application. I can be reached at the numbers listed below. ,..x S~rely' ~ ttle Outboard Association ~. Box 10159 inbridge Island, WA 98110 (Wk) 206-780-9731 (Fax) 206-780-5167 (Cell) 206-595-9863 03/22/2884 '15; ~B ;/'db- ~-ul~ t ~-~-~'-, '.-,'-,,'., '-', ............... 03/11/0~ i$:11 PAX 260 672 ~3~, . ~A~E~ICAN SPECIALTY In~, ~004 AMERICAN POWER BOAT AS$OCL~TION CERTIFICATE OF INSURANCE COMPANIES At-I-uROiNG COVERAGE This Cer~tlca~e is i.~ue~ as · ma~{er af [flfQrrrcdOe41 only anti ~ ~j~md ~-,--I=ldeJ'~b'and Guarm~tvComrra~v below. ADDITIONAL INFORMATION/RESq'RICTIOt~/SP ECIAL ITEM'= H~UOR LIABIL~t' IS *=.XCLU DEB 83/22/2884 15:56 286-788-5167 M~LI~U bur~r-ur~,~u,~ 00/11/04 1~;11 FAX 260 67Z 85~5. . .A)~IC~ SPECIALTY I~]$. [~003 AMERICAN POWER. BOAT ASSOCIATION GERTIPIGATE OF INGURAr,IGr' -- ------ COMPANIES A~FORDING COVERAGE =nfe~s ~o r~g~5~s ~g¢~ the ced~amhot~or. This cert~cata does tm! ~mend, ex[end, or a~te,' the oav~l'a.ge affar~e~ by the policy COMPANY B_ ~ _ Ins~ -,- o ~ an. f Nor~ Amerl=a -- ...G.nera[Ual~lE'/ 12:01 A.M- . 12:0~ A.M.. Ga~eR~,Aggm~teLin~.-~er ?ent ~ r~aaa,ooa __ -- -- .-- ~nat & __ -- -- -- e ~~nt~l taYO~ (Any One '~'~0,000 Nm-Own'ed Aa~iem 12-.o t A.M. ~ZOl ,~ld. All Oaaq~mte~ E3~am A~nt M~iml ~2o.ooo ADDITIONAL IN~ORMA~ON/RG~TR~GieaH~;g'f. GiAt- ITEMS I UQUOR. UA~iL.rTY IS EXCLUDED K~mp ~[~J~o Fe~ c~c~t m be tt~t oa M~y 15, I&, 2D04- SEATTLE OUTBOARD ASSOCIATION 3771 15806 NE §3RD ST. 425-867-;]196 REDMOND, WA 98052-5235 DATE '-/_ --~__..~J~__~k~ 19-2/~25017905WA /'~° DOLLARS Bank of America. FOR LQ~¢ ~ ~Lfifi .................. Z .... ,"O0~??~,' ,:~asooooahl: 8E08 11 ~0~ NAR 1 5 ?_004 March 1, 2004 Deputy City Clerk City of Bremerton 239 Fourth Street TAX & LICENSE Bremerton, WA 98337 Dear Paula, Please accept this letter as an official supplement to t-I~e Seattle Outhoard Association's written application, dated February 10, 2004, to host a sanctioned regatta on Kitsap Lake dudng the weekend of May 15= & 16th, 2004. This race is sanctioned and insured by the Amedcan Power Boat Association and the Seattle Outboard Association is the conducting club. The Amedcan Power Boat Association agrees to defend, indemnify and hold harmless the City, its appointed and elected officials and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attomey fees in defense thereof because of actions, claims or lawsuits for damages resulting I~erefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of the Amedcan Power Boat Association's event held on Kitsap Lake on May 15= and 16a, 2004, except for alleged negligent acts or omission of the citT, its appointed and e~ officials and employees or any alleged defective condition of the premises, Sincerely, j~ n~ecrioC~linn~, ~ iBon°a I 0~ C h'~S°aiC~tia°~ AMERICAN POWER BOAT ASSOCIATION 2004 REGATTA INSURANCE APPLICATION I. PROPOSED INSURED A. APBA MEMBER CLUB NAME: 6EF)'~]-Z.~' OOT,~fq~-~ B. EventName: ~D.~ /~ t'l~.%-~,'~ MV~gD C. Name of Body of Water: A' t"F~*q .~_~ /_ ~ff -~' D. Name of Event Site: '~/T~'rgl~,&~rt:~4 (City) (Smte) ~. CONTACT A. Name:~ ~%K5~ Day Phone: ~)~3/ Fax: ~ B. Address:~& ~K /Ol~ Ciw:~ State: ~ Zip:~llb ffI. ~Q~STED ADDITION~ ~S~D Relationship to the Proposed Insured Event Name (sponsor, lando~er, managergessor &premises, government) NOTE: If listing more than five additional insureds, a $10 ch~ge is required per enfiW by separate check, made payable to ~efican SpecialW. Additional ins~eds ~e subject to ~de~ting approval; some requests may not be approved. L~TS & CATEGO~S A. Liabili~ Li~ Requested: O $1,000,000 ~ $3,000,000 ~$5,000,000 combined single limit O~hore ~affo~l ~ UMJmffed are requJre~ to p~rch~e $5,000~000. E. Pa~icipant Accident Limit: ~BAMembers: $10,000 ~&D; $20,000 excess p~icipant accident medical Non-~BA Members: $0 ~&D; $1,000 excess pa~icipant accident medical Number of event days: Date(s) of event: ~ I~-/~. ~o0~ Category*:%W~ ~;q~.~, '~ ' ~o~nt ofPremium~ $ (*See 2OO4 Rate gheet) ' ' 0~/0~ %~ . ~ ~t~ V. W~TY OF E~NT(S) ACT~T~S: A. A copy of all event brochures or schedules must accompany this application. NOTE: Only ~ose events and event-related acfi~ties specifically listed in ~s application, sanctioned by the ~BA, and approved by unde~ters will be oonsidered for ~overage. ~L OTHER EVENTS AND ACTI~TIES A~ EXCLUDED FROM COVE~GE. APBA Regalia Application (12/03) DME 181674 13. Class and Type of Event Date(s) C. Other Activities Type of Activity Location of Activity Date of Activity (festivals, concerts, carnivals, parades, air shows,.bungce jurnping, etc.) D. Is the event part of, or in conjunction with, another event? ~ Yes ~3 No E. If yes, name the event:At~S~ /:t:o?Z:~ t~'~TI dat.- Name of the promoter:~*,t~l, o,~ IMPORTANT: Failure to disclose ALL other activities and information on this application may adversely affect your insurance coverage. VI. UNDERWRITING INFORMATION Please note: All questions MUST have COMPLETE answers. A. Course - APBA Regatta event diagram and photo sheet must accompany this application. 1. Estimate minimum distance from outside course buoy to: A. Shoreline viewing areas: ~ ~ B. Spectator fleet (waterborne spectators): A/DM&' 2. Maximum projected speeds: ~O tt~.~> ~'~ 3. Estimated spectator attendance: 4. Are spectators permitted access to the water for wading or swimm/ng? El Yes ~ No B. Spectator Viewing Areas (dimensions may be estimated) 1. Minimum height of land above water's edge: .~ 2. Degree of land slope from water's edge: ~O~' 3. Describe any natural and/or man made barrier protection between all land viewing areas and water's edge: "'~ 0~.~ ~c3> C~ ~...~-4~' 4. Distance between water's e*dge and viewing areas: ~'O 5. Type of crowd control fencing: '1~ ~IA/,A/~. Height: 6. Does fencing protect spectators fi-om all vertical drop-offs including docks and banks? ~gl~Yes Gl No 7. Does fencing at the top of the banks prevent spectators from sitting on the face of the bank? ~xYes El No 8. Are all land viewing areas controlled by the event? ~(,Yes El No C. Pits I. Are the hot pits and restricted areas fenced? ~ Yes El No If yes, describe fencing: ?/~ ~'~[C~ ,~ ~a~ ~fno, explain~method f_?.or controlling unauthorized entry: P ~ 2.Is each person who enters the ,hot pits and restricted areas required to sign a waiver?)~Yes ~ No If no, please explain: 3. Will there be adequate warnings and notic,es ("Authorized Personnel Only - No Admittance" and "No Smoking") posted in the hot pit areas? J~ Yes El No 2 APBA Regatta Application (12/03) ~[0 DME#181674 5. D e scribe fire suppr es sion measure s. t,~-,i-X w4~-,.~O / cn~/v~., 6. Number and type of £u-e extinguishers on site: VII. SECURITY, EMERGENCY, AND MEDICAL PLANS A. Will there be ambulance(s) and train,~/~nedical personnel on site: ~( Yes ~ No If no, please explain: B. Distance to nearest medical facility: ,-~- C. Who is responsibIe for and has authority over crowd control and security (event organizer, municipality, D. Type ofsecur/ty personnel utilized: E. Will security be armed? ~ Yes F. Number of security personnel: Professional serv/ces: ~.~ On-duty officers: [ Volunteers: Uniformed officers: /47r Off-duty officers: ff,~J~-~- G. Distance to nearest fire station: C~"//"d-' Wk[~ VIII. ORDINANCE COMPLIANT A. Will all applicable city, township, county, state, and/or federal public gathering, building, seating, concession, and sanitary codes be co]3aplied with? If no, please explain: ¥/~ ~ Yes ID No B. Will all applicable permits be ob~/~ed prior to event? [~LYes lZI No If no, please explain: IX. PATRON SERVICES A. If there is any playground equipment provided, how is it supervised? NOTE: Supervision MUST be provided B. Are refreshments/product sales owned and operated by the APBA member club listed on page 1 of this application? ID Yes ~i..No Will vendors be selling refreshments/products? ~ Yes l~[ No If yes, attach a list of vendors/products. C. Are alcoholic beverages permitted on premises? ID Yes ~g[ No Will alcoholic beverages be sold9 If yes, by whom? .,~.///~.. ID Yes ~ No If yes, liquor 1/ability coverage is mandatory. Please attach a certificate of insurance evidencing that liquor liability is in place for the sale of these beverages with a minimum of $1,000,000 CSL. The certificate of insurance must name the APBA and the member club as additional insureds. If alcoholic beverages are being served or sold by the APBA member club, please complete an American Specialty Liquor Liability Application. 3 APBA Rega~ta Application (12/03) DME #181674 D. Are bleachers/grandstands provided? 0 Yes ~1 No If yes, are they: 0 permanent 0 temporary If temporary, under whose authority will they be erected? What constraction material will be used? El wood iD steel luminum El other Who will do an inspection to certify safety compliance?~lq-.ffu ~L[Pci.~6~/~/L. E.Are adequate and separate rest rooms provided for males and females: )~Yes iD No If yes, are they: ~ permanent El temporary F. Are golf cart-type vehicles being used at this event? El Yes Are cans being leased? iD Yes ;fl[ No NOTE: Physical damage is not covered for carts or other equipment leased for this event. IF YOU ANSWERED 'YES,' GOLF CARTS WILL BE USED AT THIS EVENT, AN ADDITIONAL INSURANCE PREMIUM OF $500 WILL BE CHARGED. A CIt~CK FOR $500 MADE PAYABLE TO AMERICAN SPECIALTY INSURANCE SERVICES, INC. MUST ACCOMPANY YOUR REGATTA APPLICATION. X. CONTRACTS Certificates of insurance are required from all subcontractors* of each event naming the APBA and your organization as an additional insured. *Examples of subcontractors include the following: erectors of bleachers, professional security companies, ambulance services, wrecker services, portable restroom services, and vendors selling alcoholic beverages, concessions, or products, etc. NEGLIGENCE BY A SUBCONTRACTOR CAN CAUSE LOSSES TO YOUR INSURANCE POLICY. A. Are copies of subcontractor certificates of insurance attached to this aPplication? iDYls I~ No If no, please explain what you are doing to obtain these certificates of insurance. 4/a B. Are you required to execute a lease agreement or contract to secure the competition area? iD Yes !~, No If yes, pr. ovide a copy of the agreement/lease with this application. C. Will there be contracted aircraft at the event? El Yes If yes, page 6 of this application MUST be completed f6r non-owned and hired aircraft. AMERICAN SPECIALTY INSURANCE SERVICES, INC., FOR THE INSURING COMPANY, SHALL BE PERMITTED, BUT NOT OBLIGATED, TO INSPECT THE INSURED'S PROPERTY AND OPERATIONS FOR UNDERWRITING AND/OR LOSS CONTROL PURPOSES AT ANY TIME. NEITHER THE RIGHT TO MAKE AN UNDERWRITING AND/OR LOSS CONTROL INSPECTION NOR THE MAKING THEREOF NOR ANY REPORT THEREOF SHALL CONSTITUTE AN UNDERTAKING ON BEHALF OF OR FOR THE BENEFIT OF ANY INSURED OR OTHERS TO FORECAST ANY ACCIDENT OR 1TS SEVERITY, OR DETERMINE OK WARRANT THAT SUCH PROPERTY OR OPERATIONS ARE SAFE OR HEALTHFUL, OR ARE IN COMPLLANCE WITH ANY ENGINEERING STANDARDS, RULES, OR REGULATIONS. UNDERWRITING AND/OR LOSS CONTROL INSPECTIONS ARE FOR THE SOLE PURPOSE OF DETERMINING THE INSURABILITY OF CERTAIN PROPERTY AND OPERATIONS, UNDERWRITING, AND SEEKING TO REDUCE CLAIMS AGAINST INSURANCE, AND ARE NOT FOR THE BENEFIT OF ANY INSURED OR THIRD PARTY. THE INSURED IS SOLELY RESPONSIBLE FOR TIlE SAFETY OF ITS PROPERTY AND OPERATIONS AND SHALL NOT RELY UPON ANY UNDERWRITING AND/OR LOSS CONTROL INSPECTIONS OR ACTIVITIES TO DETERMINE THE SAFETY OF ITS PROPERTY OR OPERATIONS AND SHALL NOT DIMINISH OR FOREGO ITS OWN SAFETY PRACTICES AND PROCEDURES. 4 APBA Regatta Application (12/03) O~' DME #t81674 . ' I UNDERSTAND THIS APPLICATION IS A REQUIREMENT FOR. COVERAGE, AND ANY MISINFORMATION, FALSIFICATION OR MISREPRESENTATION WILL BE DEEMED A BREACH OF CONTRACT AND WILL VOID ALL INSURANCE COVERAGE. ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION ON AN APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL AND Crv'IL PENALTIES. I HEtLEBY REPRESENT AND CONFIRM THAT ALL OF THE PRECEDING INFORMATION IS TRUE, COMPLETE, AND CORRECT, AND FURTHER CERTIFY THAT I HAVE READ ALL OF THE QUESTIONS AND ANSWERS OF THIS APPLICATION. IT IS UNDERSTOOD THAT ANY OTHER EVENT(S), SHOW(S), EXHIBITION(S), OR ACTIVITY(IES) MUST BE DECLARED, BUT WILL BE EXCLUDED FR.OM THE APBA EVENT COVERAGE. I REPRESENT THAT I HAVE MADE OR WILL MAKE THE NECESSARY MAINTENANCE INSPECTIONS CERTIFYING THAT ALL FORMAL, NECESSARY REPAIRS HAVE BEEN MADE INSOFAR AS PROVIDING CONTINUOUS PROTECTION FOR PATRONS AND PARTICIPANTS AND THAT MY PROPERTY AND OPERATIONS ARE IN COMPLIANCE WITH ANY UNDERWRITING CRITERL~ FURNISHED ME. THE SPONSORING CLUB OR ORGANIZATION NAMED IN THIS APPLICATION AGREES TO HOLD THE APBA, ITS DIRECTORS, OFFICERS, AND EMPLOYEES HARMLESS FOR LOSSES ARISING OUT OF THE CONDUCT OF THE EVENT NOTED IN THIS APPLICATION. IT IS UNDERSTOOD AND AGREED THAT THE COMPLETION OF THIS APPLICATION SHALL NOT BE BINDING . Authorized Signature: ~ '"'-.~' ~.~_~,.,'~-- --~ Note: Please sign, date, and attach the Insurance Coverage Conditions form to this application. Certificates of ' insurance will no_~t be processed without the signed and dated Insurance Coverage Conditions form. RETLrRN TI-IR. APPLiCATiON AND FEE TO: American Power Boat Association 17640 East Nine Mile Road P.O. Box 377 Eastpointe, MI 48021-0377 VERY IMPORTANT: Certificates of insurance will not be processed unless the following are satisfactorily provided: (a) signed Insurance Coverage Conditions form, (b) a detailed race course/event diagram, (c) supporting photos as required, and (d) applicable fee. Fees mailed less than 30 days prior to the event date must be paid with a Cashier's Check or Money Order. 5 APBA Regaita Application (12/03) DME gl 81674 NON-OWNED AND HIRED AIRCRAFT THIS SECTION MUST BE COMPLETED FOR ALL OFFSHORE AND UNLYMITED EVENTS, AND FOR ANY OTHER EVENT UTILIZING AIRCRAFT FOR PURPOSES OF RESCUE OR FILMING. OFFSHORE AND UNLIMITED AIRCRAFT REQUIREMENTS Offshore and unlimited events sanctioned by the APBA often utilize aircraft for rescue or filming purposes. The following requirements are mandatory for events that include aircraft: 1. All pilots flying over the racecourse must contact the race director and provide their registration numbers (N- Number). 2. A copy of a certificate of insurance fi.om each pilot who will be flying aircraft over an APBA event, showing aircraft liability coverages with limits of NO LESS THAN $l,000,000 and naming the APBA as an additional insured must be pro'tided to American Specialty Insurance Services, Inc. attached to this application OR must be presented to the race director at the time of pilot briefing prior to the event. The race director must hold a pilot briefing prior to the regatta for all pilots who are going to fly the racecourse. This meeting may be held at the same location where the drivers' meeting and safety meeting are held, or it may be held at a convenient airport near the race site. This meeting is mandatory for anyone who plans to fly over the racecourse. APBA EVENT AIRCRAFT REGISTRATION FORM FOR APBA COURSE OVERFLIGHTS 1. Pilot Name: /t//~f / 2. Pilot License Nun~bFr: 3. Pilot Address: g(fi~c t City' ,,t//~ / State' ~C' '/ -- · f Zip: 4. : ! Fax: 5. Aircraft Make: ! /t4/~ / 6. ColorofAircraft: / At//,,~ 7. Name of insurance companb/ihat provides aircraft coverage: 8. Insurance Policy Number: ,~ / 9. Company or race boat for which the pilot is flying: A copy of each aircraft company's certificate of insurance naming the APBA as an additional insured must be attached to this registration form or presented to the race director at the time of pilot briefing. IF THE CERTIFICATE OF INSURANCE IS NOT ATTACHED TO THIS APPLICATION OR PRESENTED TO THE RACE DIRECTOR AT THE TIME OF PILOT BRIEFING, YOUR REQUEST TO FLY OVER THE RACE COURSE WILL BE DENIED. I certify that all of the info~ rnation regarding non-owned and hired aircraft is true to the best of my knowledge. The race director of this event 411 hold a pilot briefing/t~/~or to the event for all pilots who are going to fly over the Authorized Signature:racec°urse' This even~ cond __,~~_0z~ld acc dm l~of the rules and regulations of the APBA and the FAA. 6 APBA Regatta Application (12/03) o~q DME#lg1674 INSURANCE COVERAGE CONDITIONS MUST BE SIGNED AND RETLrRNED WITH APPLICATION MANDATORY FOR ALL APBA SANCTIONED REGATTAS All participants must sign approved Waiver & Release prior to entry to race site COMPLETE EACH ITEM ON TI~ REGATTA LIABILITY INSURANCE APPLICATION The items listed below are the minimum required. These requirements must be carried out to assure better management of each regatta and provide a secure racecourse for each regatta. A properly equipped ambulance will be used and either a doctor, registered nurse, or paramedic or E.M.T. will be in attendance. 2. Two patrol boats as an absolute minimum (and more if conditions warrant) must be available for duty on the course at ali times. Only authorized.personnel will operate and crew event boats. 3. There will be a minimum of two boats designated as rescue boats stationed on the course. The rescue boats will be in position prior to the start of each heat. They will be motorized and will contain the following equipment: (a) Adevice to lift injured drivers from water Co) An approved First Aid kit (c) Signal flags (d) Boarding ladder, boat hook, fire extinguisher, two-way radio 4. There will be other boats provided for patrol boat duty at each regatta. 5. In case of a fatality, spectator injury, or the transport of an injured person, NOTIFICATION OF A CLAIM MUST BE GIVEN ON THE DAY OF OCCURRENCE BY CALLING 800-566-7941. 6. A complete diagram of the course showing the distances on the course and distances in relationship to the land and any piers or obstacles that come out from the land must be submitted to the American Powerboat Association along with the Regatta Insurance Application. Minimum depths must be as specified by the APBA category mlebook. OTHER THAN OFFSHORE EVENTS, OUTSII)E COURSE BUOYS ARE MANDATORY. 7. The operators and crews of ail rescue and patrol boats must be fully informed as to how to conduct themselves throughout the entire race, and how to position themselves, what to watch for, and how to act /n case of emergency. Rescue boats are to proceed at maximum safe speed to the site of an incident and safety of the driver in the water is priority. 8. The race committee will notify the local hospital in advance of the regatta date that emergency treatment of participants may be required during that time. 9. In the event that the regatta will utilize any form Of aircraft, it is required that each aircraft owner must provide a certificate of insurance providing a minimum of $1,000,000 liability coverage and naming the APBA and the sponsoring club or organization as additional insureds. 10. All vendors are required to provide a certificate of insurance proving a minimum of $1,000,000 liability coverage and naming the APBA and the sponsoring club or organization as additional insureds. If alcoholic beverages are being sold during the event, a certificate of insurance must be obtained proving a minimum of $1,000,000 liquor liability coverage and naming the APBA and the sponsoring club or organization as additional insureds. 11. The organizers will clear all persons from the water and/or restricted area(s) and move them to a designated spectator viewing area before allowing any on water activity to commence. If any persons go into the water and/or restricted area during "on water" activities, security/crowd control personnel must immediately remove 7 APBA Regatta Application (12/03) DME #1g1674 them and return them to a designated spectator viewing area. If this cannot be immediately accomplished, "on water" activities will be halted until the area can be re-secured. 12. No one under the age of 16 is allowed to operate motorized land vehicles of any kind on the event site. This includes golf carts, mopeds, and scooters. 13. I understand that bodily injury to any participant will not be insured unless I provide a valid waiver and release from liability and indemnity agreement to American Specialty Insurance Services, Inc. and to the company at the time of giving notice of a claim, in a form prescribed by American Specialty Insurance Services, Inc. and by the company, dated and signed by the participant pr/or to the time of the occurrence in which the participant was injured. I hereby attest that I have read, understand, and agreed to the above conditions of insurance. I also agree to institute all appropriate measures to see that these conditions are met and adhered to during the course of the event to which the proposed insurance appli s. I further understand and agree that should these and/or other applicable conditions not be complied with that insura tce coverage may not apl~ Authorized Signature: 8 APBA Regatta Application (12/03) O~¢ DME #181674 .. , APBA REGATTA EVENT DIAGRAM & PHOTO SHEET NOTICE: ACCUP,-ATE DETAILED DIAGRAMS OF THE COURSE, PIT, AND ALL SPECTATOR V~WYNG AREAS AND ANY OTHER STRUCTURES ADJACENT TO THE COURSE ARE REQUIRED. MARK ALL DISTANCES. INCOMPLETE OR UNCLEAR DIAGRAMS WILL NOT BE ACCEPTED. A DIAGRAM MUST BE SUBMII'I ED FOR EACH EVENT. The following items must be clearly identified and shown to scale: A. COURSE INCLUDING: B. VIEWING AREAS: Total competition lane width All areas including unauthorized viewing areas Width of turns located on private property Location of turn marks Barrier between course and viewing areas Location and number of outside turn markers Crowd control fencing Distance from outside markers to shoreline or Location of spectator fleet(s) including approved obstacle(s) extending from shoreline or piers viewing line All restricted areas where general spectator Location of any vehicular streets/roads including admission is prohibited those adjacent to the event Distance to spectator fleet (waterborne spectators) Length of straights C. EVENT SITE PHOTOS Length of turns Take photos at the numbers and in the directions Location of hot pits indicated and indicate the location number on Location of turn boats and emergency boats each photo submitted. Event photos must be Indicate "north" on diagram submitted every three years. SHORELINE/FLEET ; , RACE COURSE INSIDE BUOY LINE s °m NE 9 APBA Rt'gatta Application (12/03) ~7 DME#181674 EVENT COURSE LAYOUT An APBA event site must meet the basic minimum standards described below to be considered for an APBA sanction. The course will be controlled by using outside course buoys a minimum of 150 feet from any fixed spectator area when an acceptable barrier is in place. This must include docks/piers and a minimum of 250 feet from any floating spectator area such as boats. Offshore races do not need to use outside course markers. Basic Minimum Standards An APBA event site course layout should specifically use the following: A. All spectator/public viewing areas must be protected by natural, pre-existing man made, or temporarily installed positive barriers at least 36 inches high (if a bank, dock, etc., measure vertically from the water; if a temporary barrier such as a D.O.T., measure vertically from the ground) and of sufficient mass to reasonably be expected to stop the fastest and heaviest class of boat involved. I. The face of the barrier may not be less than 70 degrees from the horizontal surface. 2. If a temporary barrier is used and is not placed a minimum of 50 feet from the shoreline, spectator fencing must also be used and placed a minimum of S0 feet behind the barrier. OR B. In lieu of the barrier, distance factors may be used depending on other physical factors of each site. 1. Minimum distance from outside marker to unprotected spectator area is 150 feet. The spectator fleet distance should be 250 feet. 2. Outside course markers must be placed a minimum of 150 feet from any area which is not designated a spectator area, but could be used without the approval of the race committee; i.e. private dock. 3. Unlimited event requirements for spectator areas (land) and spectator fleet (waterborne) are 500 feet from outside buoy marker. Offshore events are 500 feet from race course. This dimension must also be used in inlets and any starting area. 10 APBA Regatta Application (12/03) DME#18167~ EXHIBIT 2 / Jodi Wroblewsld, Admin. Analyst March 29, 2004 John Erickson P.O. Box 10159 Bainbridge Island, WA 98110 DearJohn, This leHer is to confirm the receipt of your application to host the regatta on Kitsap Lake during the weekend of May 15-16, 2004. Your 2004 application has covered all of the requirements imposed in 2003. I have circulated your application to the various City Departments. There was a concern that City services may exceed the $1,000 performance bond. In subsequent conversations with Paula Johnston, interim City Clerk, and Scott Ra.ppleye, Fire Department, we determined that any expenses that exceed the $1,000 will be billed to you for payment. Of course, if services do not exceed the amount of the performance bond you will be issued a refund of the balance. I have received a copy of the letter that was sent to you from T.J. Dargan, Commander NSB, allowing the use of Camp McKean for your event. Since it appears that all requirements are in order, we will be pleased to support the Seattle Outboard Association's event on Kitsap Lake on May 15-16, 2004, and to present this application to the Bremerfon City Council on April 14, 2004, 5:30 P.M. at City Hall, Bremerton, for their approval. · Page 2 March 29, 2004 If you have any questions please contact me at 360/473-5429. Sincerely, Administrative Analyst Cc: Jim Spencer, Director of Parks & Recreation Paula Johnston, Intedm City Clerk Peggy Lesser, Risk Manager Al Duke, Bremerton Fire Chief Scott Rappleye, Brernerfon Fire DepaHrnent Rob Forbes, Brernen'on Police Chief Oreg Rawlins, Brernedon Police Department Roger Lubivich, City Afforney Cary Bozeman, Mayor Beth Leone-Mullins, Community Services Director, NAVSTA Bremerton. " EXHIBIT 3 DEPARTMENT OF THE NAVY Se~ B00/O336 24 ~r 04 From: Commanding officer, Naval station Bremerton TO: John ~rickson, Seattle outboard Association subj: REQUEST TO USE CA24P MCK~AN Reft (a) BUPERS Instruction 5890.1, Bureau of Naval PerSonnel Risk Management Manual ~or NaVy Morale, Welfare and Recreation Nonappropriated FLhnd Activities 1. Thank you for your letter of 9 March 2004 requesting use of Naval Station Bremerton'u Camp McKean in support of :he 2004 Kicsap Hydroplane ~oa: Races on May 15-16, 2004. Cam~ McKean is available on the dates you have requested, I am happy to approve use of the park for your event. Congratulations on becoming an official part of the 56:n Annual Armed Forces Festival. I hear :his is a well-attended ~estival. 2. Reference a) outlines the -comprehensive general %~ab~l~ Y insurance that must be obtained in order to utilize the park. Mr. Mark Deardorff, Outdoor Recreation Manager, will assist you with the details associated wit~ :he use of Camp McKean. He can be reached, at (360)53~-5919- 3 You have my best wishes ~or a very s~ccessful event. DATE SUBMITTED: March 24, 2003 BILL # 0~ '~ 0 ~'7 AGENDA BiLL CITY OF BREMERTON ~,~B CITY COUNCIL SUBJECT: Procurement of Street Lights Committee Meeting Date: April 6, 2204 for the SR 304 Transportation Improvement COLrNCIL MEETING Date: April 14, 2004 Project Downtown Phase, and Second Street Department: PW&U, Engineering improvements. Presenter: Lynn Pricecj~/ Phone: 473.5272 "' ' SUMMARY: Twenty-seven ornamental streetlights for the SR 304 Transportation Improvement Project (TIP) Downtown Phase and Second Street improvements are being purchased from Spring City Electrical Manufacturing Co., Inc. The streetlights are of the style and standard adopted by the City Council in Resolution # 2920. ATTACHMENTS: Resolution #2920. FISCAL IMPACTS (Include Budgeted Amount): This purchase is included in the 2004 Budget. APPROVALS: ~//'~/ DEPARTMENT DIRECTOR: /~ CITY ATTORNEY: C-~" ~~- ~'~ FINANCE DIRECTOR: ><~ :z~/t.._ ~j FISCAL/BUDGET:OPERATIONS: ~i ~r '~~'~~-O_NSEN~ ~GENDA [-I ~ _ COUNCIL PRESIDENT: ~ P/L,t~:~-- RECOMMENDED MOTION: Move to approve purchase requisition with Spring City Electrical Manufacturing Co., Inc. in the amount of $133,398.00 for the purchase of streetlights for the SR 304 Transportation Improvement Project, Downtown Phase, and Second Street improvements. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, Slxeetlight Procurement 3 ~ RESOLUTION NO. ~ 9.~0 A RESOLUTION of the City Council of the City of Bremerton, Washington, regarding decorative street light standards for the SR 304 Transportation Project and downtown streets establishing a revised decorative streetlight standard for development and re-development projects within the downtown area. WHEREAS, the City is the lead agency on the SR 304 Transportation Improvement Project; and, WHEREAS, the City Council passed Resolution No. 2644 establishing a decorative streetlight standard on the SR 304 corridor from the Missom-i Gate/Charleston Beach Road intersection to the Bremerton Ferry Terminal; and WHEREAS, the City Council passed Ordinance No. 4828 relating to development standards in the Downtown District comprising of the Downtown Core (DC) and Downtown Waterfront (DW) zoning districts ("Downtown District"); and WHEREAS, the City Council passed Ordigance No. 4856 granting the Director of the Department of Public Works and Utilities authority to amend, interpret and allow deviations from the City of Bremerton Design and Construction Standards; and WHEREAS, the City desires that street lights constructed for City capital improvement projects, development projects, and redevelopment projects in the Downtown District and other adjoining streets improve aesthetics and be consistent in design and function; NOW THEREFORE, THE CITY COUNCiL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1.. Resolution 2644 is amended to establish a revised decorative streetlight standard ("Revised Streetlight Standard") for the SR 304 Transportation Project and for all streets located within the Downtown District plus the following: 1) Washington Avenue north to the Manette bridge, 2) the full width of 6th Street within the Downtown District, and 3) Pacific Avenue north to I 1th Street (collectively the ("Downtown Streets"). The decorative streetlight standard previously established by Resolution 2644 shall continue to apply to those sections of the SR 304 Transportation Project not within the Downtown District. The Revised Streetlight Standard for the Downtown Streets shall be of a design standard matching the FX1 1 Decorative Streetlight Standards Hudson River Park Lamp Post as set forth in Exhibit "A" hereto, manufactured by the Spring City Electrical Manufacturing Company or other author/zed or licensed manufacturer. The Director of Public Works and Utilities shall mnend the City of Bremerton Design and Construction Standards to require the Revised Streetlight Standard for development and re- development projects fi'onting Downtown Streets in accordance with applicable codes, ordinances or permits. SECTION2. Severabilitv. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. E£['ective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this /~2~v day of~, 2004. 15AREN NYGREN, (J~an~il President ROGE~ A. LUBOVICH, City~/A~ /~tl6AUL~--J~'~T~)~-In~e~Srn City Clerk R:\LEGALXResolutions~Decorative Sh:eetlight Standards.doc Decorative Streetlight Standards DATE SUBMITTED: March 23, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award Contract for SR 304 Committee Meeting Date: April 6, 2004 Transportation Improvement Project; The COUNCIL MEETING Date: April 14, 2004 Downtown Phase - Stage 1E Department: PW&U, Engine,~ring Presenter: LTrm Price,J,a/' Phone: 473-5272 SUMMARY: Sealed bids for construction of the project titled "SR 304 Transportation Improvement Project; The Downtown Phase - Stage 1E" were opened on March 31, 2004. The engineer's estimate for the project is $1,286,237. Four bids were received for this project. CA Carey Corporat ion was the lowest responsive, responsible bidder with a bid of $ 1,348,817.00 (including sales tax). ATTACHMENTS: 1) Bid Tabulation; 2) Contract Work Description FISCAL IMPACTS (Include Budgeted Amount): The project is funded.by Federal Highway Administration and State Transportation Improvement Board funds and is included in the 2004 budget. ~v_//~. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: -~-"~Ar~[~,~-~'~, - ' ~ CONSENT AGENDA OPERATIONS: COUNCIL PRESDENT: RECOMMENDED MOTION. Move to award a contrh'ct in the mount orS 1,348,817 00 with CA Ca re,/ Co r po rat i on for construction of the project titled "SR 304 Transportation Improvement Project; The Downtown Phase - Stage 1E" and authorize the Mayor to finalize and execute the necessary contract documents for construction. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, A~oenda Bills 2004. SIO04 TIP Downtown Phase, Bid Award 3{0 SR 304 Transportation Improvement Project Stage 1E Contract Scope of Work Contract work is for the fourth stage of the SR 304 Transportation Improvement Project. Improvements will be made to Washington Avenue from 1st Street to Burwell Street, and to Burwell Street from Washington Avenue to Pacific Avenue. Improvements will include construction of pedestrian areas with 7.5 ft sidewalks and a 4.5 ft. street buffer, including pavers and landscaping. Work will also include stamped colored cement concrete crosswalks, ornamental street lights, new curbs, storm drainage improvements, ADA compliant handicap ramps, utility relocation, pavement rehabilitation including grinding and asphalt overlay, signage, roadway channelization, and signal replacement at the Washington Avenue and Burwell Street intersection. Rpr 06 04 12:00p EncineerinC Division 360-478-5388 p.1 3~ DATE SUBMITTED: 3/5/04 BILL AGENDA BILL CITY OF Bi~EMERTON CITY COUNCIL SUBJECT: Change Order No. 3 to Sewage Committee Meeting Date: April 6, 2004 Pump Station EB-2 Modifications COUNCIL MEETiNG Date: April 14, 2004 Department: PW&U, Engineerin~/x_~q~. Presenter: Michael Mecham ~..~?~/ Phone: 473.5288 SUMMARY: The City contracted with Stan Palmer Construction in January, 2003 to construct a capacity upgrade to Pump Station EB-2 and various sewer system modifications for combined sewer overflow reduction in the Trenton Avenue Basin. Change Order No. 3 to this contract upgrades an associated pump station, improves flow measurement, and addresses various issues identified dunng construction. ATTACHMENTS: Site Plan; Change Order No. 3 FISCAL IMPACTS (Include Budgeted Amount): Contract cost increased by $134,515.39, amending the contract maximum mount payable to $1,943,804.57. This work is included in the 2004 budget. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: '" FISCAIJBUDGET: NT AGENDA [] OPERATIONS: COUNCIL PRESEDENT: · RECOMMENDED MOTION: Move to approve C ge Order No. 3 to the existing contract with Stan Palmer Construction and authorize the Mayor to finalize and execute the change order. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ab, Agenda Bills 2004, EB-2, CO 3 CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Sewage Pump Station EB-2 2002 Modifications PROJECT NO: 526 CONTRACTOR: Stan Palmer Construction ORIGINAL CONTRACT AMOUNT: $1,674,242.50 DAYS: 280 (end of Phase 4) PREVIOUSLY APPROVED CHANGES: $137,546.68 DAYS: 32 THIS CHANGE: $132,015.39 DAYS: 200 REVISED CONTRACT AMOUNT: $1,943,804.57 DAYS: 512 (Revised Substantial Completion date: 6/1/04) This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE IN DECREASE CONTRACT o ,~- CONTRACT IN TIME '- ,'- AMOUNT CONTRACT EXTENSION 0~ _~ ($) AMOUNT (DAYS:) ~. ~. ($) $7,649.99 30 X Item 1: WCDs ~-45, 46.51, 54, 55, 57. (Attached). $700.00 X Item 2: WCD #56. (Attached). $11~673.30 85 X Item 3:EB-2 flowmeters. (See Exhibit A). $46,820.00 85 X Item 4:EB-3 pump station upgrade. (See Exhibit B). $57,672.10 X Provide additional 1200 SY of asphalt paving per Bid Item No. 6 $10,000,00 X Miscellaneous materials and services (Project Manager written authorization required) NET CHANGE IN CONTRACT AMOUNT $134,515.39 INCREASE OR (DECREASE) CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Sewage Pump Station EB-2 2002 Modifications Contractor acknowledges and accepts that this Change Order constitutes final settlement of alt claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any, for completion of the entire work due to said Change Order. This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: PROJECT ENGINEER Date RECOMMENDED: CITY ENGINEER / DIRECTOR OF PUBLIC WORKS Date ACCEPTED: CONTRACTOR Date APPROVED: MAYOR Date APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk Page 2 of 2 I.{~ Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) Project No.: 526 Contractor: Stan Palmer Construction WCD #: 45 Date: 10/8/03 Contract Date (NTP): January 6, 2003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): · Generator exhaust installation ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change Jn Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ $2042 Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDE~ AUTHORIZED: CITY OF BREMERTON S, or~ Change Direcit~,e, 3~)0 01-14-199~ 11:27AM ~ROH TO 47~5598 P.03 CHANGE ORDER PROP~AL STAN PALMER CON~rRI~ION PROJECT~: EB-2 2{X)2 MD~31FICATIONS D~TE: 30-Oct-03 CIJ~IANGE ORDER NO: GENERATOR F..XHAU,.~I INSULATION i X-106 DIRECT CO~T$ FEO~ ~r' RK SHEET EQUIPMENT OWNED $13.00 ~ RENTAL EQUIPMENT $0.00 , SUBTOTAL $1,740:00 ; | FIELD O~RH~ 10.0(0/,, ~. LABOR 20.00% E(~JIPMENT OWNED 15.00% ~ MATERIALS 15.00% $0.00 SUBCONTRACTORS 5.00% $87.00 ~ $2~1,00 SUBTOTAL OMI~ OFFICE OVERHEAD 0.00% ~,0.00 ~iO~D & B and O taxe~ Z00% $40.82 TO'~AI. CHANGE ORDER $2,04'1.~2 TOTAL P.~ Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) Project No.: 5:]6 Contractor: Stan Palmer Construction WCD #: 46 Date: .10/01/03 Contract Date (NTP): January 6, :]003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): Modifications to fence at EB-2 ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 688 Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. By: By: CHANGE ORDER PROPOSAL STAN PALMER CONSTRUCTION PROJECT: EB-2 2002 MODIFICATIONS DATE: 27-Feb-04 CHANGE ORDER NO: X-109 WCD 46 CHANGE FENCE AT THE PUMPSTATION SITE DIRECT COSTS FROM WORK SHEET LABOR $0.00 EQUIPMENT OWNED $0.00 RENTAL EQUIPMENT $0.00 MATERIALS $0.00 SUBCONTRACTORS ~ SUBTOTAL MARK UP FIELD OVERHEAD 0.00% $0.00 LABOR 20.00% $0.00 EQUIPMENT OWNED 15.00% $0.00 RENTAL EQUIPMENT 15.00% $0.00 5.oo% $o.oo SUBCONTRACTORS 5.00% SUBTOTAL TOTAL COST & MARK UP HOME OFFICE OVERHEAD 0.00°,4 BOND & B and O taxes 2.00% $29.8~) TOTAL CHANGE ORDER .~494.63 SALES TAX @ 8.6% ~74 ~r, 16 2004 iI:45AM VIKING FEP4CE COMPANY r,~,:, , "' Invoice Date: Voice: 360-373-7918 Page: ~aX: 360-3~7-0011 ! Sold TO: Sh~ to: Stan Palmer Construction bewage P~mp Station EB-z 5107 St. ~wy 3 SW Brem~rton Porz Orchard, WA 98367 Customer ID [ Customer PO Payment Terms ......................... ' ............. Net lO Days 5T~-6742100/3 t ........ $~lei-R~-p-~ ....... i Shipping Method Ship Date Due Date ROSEJT072 ............................... ! "H~nd Deliver Quanti~ Item Description Unit Price, Extension ...... }']0( ........ 159' of 6' high black chainlink. 1,140.0~ 1,140 20 ~.0( ~4' of 8' high black chainlink Y,130.O0 ~ .-, ~ ...... 1- 8~8 DD.-- Subtotal 2,270. 30 Saks Total Invoice Amount 2,270 O0 Chef.Credit M~mo No: F~ym~nt/Cradit TOTAL Z, 2~,:,. ~'7 Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) ProjectNo.: 526 Contractor: Stan Palmer Construction WCD #: 51 Date: 11/13/03 Contract Date (NTP): January 6, 2003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): · Install curb and drain between City property and Boatshed Restaurant ATTACHMENT(S): if a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1~04.4 of the WSDOTStandard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ //~-'~ Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: ~ CONTRACTOR ('/ ~-~'(~-/~¢,¢,/~/0~, ~'/ ~ITY~,~MERTON By: /I ¢,. ~ . By: ab, FORMS, Worn Change Oirective, 3q30 Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) Proiect No.: 526 Contractor: Stan Palmer Construction WCD #: 54 Date: 11/19/03 Contract Date (NTP): January 6, 2003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): · Install two conduits (3/4" and 1 1/2") from EB-2 DLCV vault to electrical building. Core through building approximately 6-inches above floor slab. Perform work in accordance with plans and specifications. See attached figures. Please perform this work prior to asphalt paving at site. ATTACHMENT(S): None If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ 350 Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: /~.~/C~NTRACTOR CITY OF BREMERTON Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) ProjectNo.: 526 Contractor: Stan Palmer Construction Contract Date (NTP): January 6, 2003 WCD #: 55 Date: 1/14/04 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): · Additional PLC work at EB-2 per attachment ATTACHMENT(S): None If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ $1157 Substantial Completion: 30 days; If the change involves an increase, the estimated Ready for final payment: days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. AUTHORIZED~: CITY OF BREMERTON ( ab, FORMS, Work Change Directive, 3-00 ~ orporat on 5030. ;~o~, S:. SW. Suite D Oate: ./anu~ I 0, 2004 To: Start Palmer Co~oration 5 [07 ~ate Hw~ 3 Port Orchid, WA 98367 Todd Haga Re: Bremer/on Se ...... , ,,,~c rump Station EB-? QCC Pr%i~ct No. PI041 - Siaa~s ol ~CD 55- ~ ' } LC work change Mr. Haga, Please rc~Er to the commena be]ow for QCC response to WCD 55 - PLC work change" dated ~anuaU, 8, 2004. Item 2) Problem with high flow sequer~ciug under PLC~2. The~PLC code was reviewed for problems with pulllp sequencing but no problems were tbund. The Pump 3 could not be r~ted because it is.out tbr repair. Item 3) Problem with local pamp sequc,cing under PLC-2 operation. The local pump sequencing could not be available to ~ ~ .. . . changed because there is no thuff t~edback hc I LCs. The city w 11 not be charged fivr thi.s item. Item 4) LIT-IOJ failure signal, t Code was added l~ the PI,C and thc Pane/view so thai thc level Item 5) Beach mai, check valve time delay. cell C~ ~d /Hlle del; y ac~!LiStllleats 0~ Ibc Panclvicw. Item 6) F,'filure to monitor/sense "Hand" mode by PLC. [~xtra wiring and PLC code was added to so that PLC when the pmnps were in hand mode. This allows fl~e en'oneous ainu to be suppressed. Item 7) T/me delay fiw level floats. The Ciff determined that the time delays were aot needed because PLC~I does not use the floats fi~r co~troljus/indication. The ciD~ will not be charged tbr this item. Item 8) SetTime and dateat PLC. The addition ora Panelview screen was inst~led which allows the PLC and PaneMew time and date to be changed. '" The adjt~sted total cost of all of the changes is $1020. Please let me know if you have any quest OhS regarding these items. Greg Lesniak :: Prqject Engineer Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) Project No.: 526 Contractor: Start Palmer Construction WCD #: 56 Date: __1/13/04__ Contract Date (NTP): January 6, 2003 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): · Modify channeling at OF-7 MH ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ '"~ ~'~ Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED: ......~/~NTRACTOR k._~///~ ~ CIT2r'q::~ BREMERTON Sewage Pump Station EB-2 2002 CITY OF BREMERTON Modifications WORK CHANGE DIRECTIVE (WCD) Project No.: 526 Contractor: Stan Palmer Construction Contract Date (NTP): January 6, 2003 WCD #: 57 Date: 1/13/04 YOU ARE DIRECTED TO PROCEED PROMPTLY WITH THE FOLLOWING CHANGE(S): ATTACHMENT(S): If a claim is made that the above change(s) have affected Contract Price or Contract Times any claim for a Change Order is based thereon will involve one or more of the following methods of determining the effect of the change(s). The Change Order will be executed in accordance with Section 1-04.4 of the WSDOT Standard Specifications, or Article 10 of the General Conditions. Method of determining change in Contract Price: Method of determining change in Contract Times: [] Unit Price [] Contractor's Records [] Lump Sum [] Engineer's Records [] Time & Materials [] Other: [] Other: Estimated increase (decrease) in Contract Price: Estimated increase (decrease) in Contract Times: $ /¢:::~ I ? Substantial Completion: 0 days; If the change involves an increase, the estimated Ready for final payment: 0 days; amount is not to be exceeded without further If the change involves an increase, the estimated times authorization, are not to be exceeded without further authorization. RECOMMENDED: AUTHORIZED:~ ,~/~ ,,,~,, ~/~,~_~ ab, FORMS. Work Changei~rective, 3~)0 Change Order 3 Item 3:EB-2 Flowmeters EXHIBIT A SCOPE OF WORK The work consists of installing three 10-inch magnetic flowmeters in the EB-2 high flow wet well, and associated piping, fittings, electrical work, and testing to confirm proper operation. The City will supply the following items: (3) 10-inch diameter Sparling Tigermag flowmeters (each flowmeter comes with 150 LF of cable and a remote- mounted signal converter, manufacturer info attached.) The City will vacuum the high flow wet well prior to the Contractor starting the work. WORK RESTRICTIONS 1. At least two of the EB-2 high flow pumps shall remain operable at all times while performing the work. The Contractor may be required to vacate the work area inside the wet well should high system flows be anticipated. 2. The EB-2 local pumps shall remain operable at all times while performing the work. Change Order 3 Item 3 Exhibit A, Sheet 1 of 9 February 18, 2004 .~n -I-YPI:C:AL' L_Ax(oUT. ONI Item # I Description '~ IExisting 10" 90° deg bend. FE x FE IFlanged coupling adapter, 10" (Romac 2 !Style FCA 501 or equal) 3 ~,Existing flanged pipe support I10", FE x PE. Cut existing vertical pipe as Ineeded and rotate 180° to make FE x FE 4 Iconnection to new flowmeter. Connect to 1900 bend with FCA [item 2). i10 magnetic flowmeter, to be supplied by 5 ithe Cit7 iAdapter flange with set screws for plain- 6 lend pipe, 10". Romac Field FlangeTM or IUni-Flange~ Series 200 Adapter Flange. 15/8" threaded rod (typ of 2). Useductile 7 Ilugs and 90° SS eye bolts, spanning from IFCA to FM flan All piping and fittings on this sheet shall be ductile ron (System 3 per 15060). All exposed piping and ~ttings shall be coated per 09905. All metal nuts. 3olts, washers, and rods shall be 316 SS, excep[ ~uctile lugs. FE = flanged end; PE = plain end Change Order 3 --- Item 3 Exhibit A. Sheet 2 of 9 2 Product Data Sheet ,s~ .~.r~;~erma PDS-656 Technical Spec/f/cations FM656 Obstructionless Electromagnetic Flowmeter DESCRIPTION PRINCIPLE OF OPERATION The Model 656 is a microprocessor-based The Mode1656magneticflowmeterisbased electromagnetic flowmeter designed to on Faraday's Law which states that the measuratheflowofconductiveliquidsinfull voltage induced in a conductor moving pipes, The sensor and the transmitter are throughamagneticfietdisproportionaltothe integraJandenclosedinaNEMA-7expiosion- velocity of that conductor, The magnetic proofhousing. Thesensorhousingismade fiowmeter will measure liquids with of steel, conductivities greater than 5 micromhos. Awide variety of liners and electrodes are STANDARD FEATURES available to allow you retailer the meter to · Sampling frequency UP to 100 Hz for your process, accurate measurement of fluids with high levels of inherent noise The Model 656's nonvolatile E2PROM memory and circuitry eliminatesthe need for · Forward, reverse and net totallzation a microprocessor backup battery, It is not · Programmable high and Iow flowalarms necessary to reprogram if the electronic · Nonvolatile E2PROM memory moduleisreplacedorexchangedwithelec- · Universalelectronicsmodule tronics from another size flowmeter, compatibility · 2-1ina, 16characterbacklitdisplay APPLICATIONS The Model 656's high signal frequency · Programmingmadeeasywith makes it ideally suited to applications with Mag-Command'" , high levels of inherent noise including: · User-selectabledamping& Process Chemicals, Heavy Sludges, Pulp & Iowflow cutoff Paper Stock, Mining Slurries, Polymers, · NEMA-4X& NEMA-7explosionproof Acids, Alkalies, Sewage, Cooling Water. enclosure Neadyanyconductiveliquidcanbemeasured. · Approvals include: FM, CSA(std,) CE CERTIFIED ACCURACY Pending approvals include: CE Each TigermagEP '"" is wet-flow calibrated in Rotatable modular display Sparling's Primary Flow Lab traceable to the Empty pipe detection Nati0nagnstitute0fStandardsandTechnology. PZR - Positive Zero Return Acertificate of accuracy is furnished with each Standard 0.5% accuracy meter. Sizes available from 0.5" - 72" APPROVED Item 3 Exhibit.: A, Sheet 6 of 9. TWO FLOW ALARMS Fault alarms can be configured with alarm set points between 0-99% of flow for each alarm. Open co~lector output turns on above programmed set point. PZR - Positive Zero Return An electronic circuit is activated by an external contact closure when EASY TO READ BACKLIT ROTATABLE DISPLAY lines go empty or when a pump or valve is shut down, indicating to The 16 character, 2-line backlit transmitter display is rotatable 360°in the meter that it should drive the output signal to 4 mA or zero. 90° increments ensuring easy reading in any orientation. REMOVABLE ELECTRODES INSTALLATION Two configuratfons of removable electrodes are Themetermustbemountedatapointinthelineinwhichthepipeis available in sizes 6" or greater for all FM656 meters. always full of the process liquid under flowing conditions. The first configuration allows removal of the electrode after the line The meter may be equipped with ANSI 150 or 300 lb., AWWA, DIN, has been depressurized and drained. Removal is performed with PN 10 or 16, JIS 1 OK or 20K, or British Standard flanges, an 11/32" nut driver and a 3/4" socket wrench. Only three diameters of straight pipe length are required from the '~, center of the meter to normal obstructions to obtain specified accur~,cies. In the smaller sizes all of the necessary straight pipe .,--Electrode is contained within the meter itself. Thumbscrew E:ZPROM NONVOLATILE MEMORY ~ ~;; A backup battery is not required and there is no need to reprogram if the electronics module is replaced or exchanged. Meter identifica- t off t i°n (tube ID' serial number' K' °frs et' ate')is st°red °n an E2PROM chip independent of transmitter electronics. The E2PROM chip has lifetime data retention. EMPTY PIPE DETECTION - Standard The Spading TigermagEPTM is designed to defect absence or i nadeq uate volu me of process fluid in the pipe and will hotd the output signal to 4 mA or zero. This feature does not require any hard wirieg as it is a software selection. One of the most Important values of this featureisthatitpreventsfalsetotalizationpossiblewithothermeters The second is the "hot-tap" electrode which allows electrode underpartiallyfilledpipeconditions, repJacement while the system is still under pressure without disturbing the process flow. Removal can be easily performed with EASE OF COMMUNICATIONS a phillips screwdriver and a cresceht wrench. Special locking The TigermagEP'" is programmable with Mag-Command or Hart catches were designed to prevent high pressure accidents during Protocol. 4-20 mA, RS-232 or RS-485 outputs give you flexibiiitywhen electrode removal. The shut-off valve must be closed before the interfacingwithyourdistributedcontrolsystem, electrode may be removed. REMOTE MOUNTED TEANSMII'rER Remote mounting of the transmitter is required when pipe vibration is excessive, when flooding is possible or where high temperature conditions exist (ever 212°F / 100°C). The TigermagEPTM remote transmitter is housed in a NEMA-4X enclosure and features a larger sized (8mm) 16 digit 2-line backiit display. All power, coil and electrode connections are made within the transmitter enclosure and junction box. Tne meter is programmed Grounding Rings using Mag-Command. H all-effect switches which are energized from outside the enclosu re. The enclosure can be wall mounted. An optional bracket for pipe mounting is available. HI-Z CIRCUITRY GROUNDING The Spading TigermagEPTM provides superior performance in The use of grounding rings is recommended to ensure accuracy. liquids which tend to deposit nonconductive coatings. Hi-ZTM Groundingringsarerequiredifadjacentpipingislinedornonconduc- circuitry produces a high input impedance to the transmitter's live. Pump noise or excessive RF should be minimized to acn~eve preamplifier (10~ ohms). The impedanc8 of the coating is highestaccuracy. negligible as compared to the impedance of the receiving instrument. The voltage drop across the electrode coating is also negligible eliminating the need for electrode cleaners. Change Order 3 Item 3 Exhibit A, Sheet 7 of 9 FLOW RATES & DIMENSIONS Table I - Flow & Dimensions · Integral Mount Transmitter Meter Mating Dimensions Flow rates - GPM - Full ScaJe Size Flange nches Size A B C D 1 fps 3 fps 33 fps ~_.4.5'~{ ~--~ 787~ 0.5 0.5 400 3.50 9.50 9.25 0.6 1.7 18 1 1 4.00 4.25 10.19 9.94 2 6 66 1.5 1.5 4.00 5.00 10.88 10.63 5 15 174 2 2 400 6.00 11.69 11.44 9 27 303 3 3 6.00 7.50 13.00 12.75 20 60 664 F]-J 4 4 6.00 9.00 14.38 14.13 35 107 1182 6 6 13.38 1100 17.00 1675 85 254 9800 8 8 13.38 13.50 19.40 19.t5 145 436 4800 10 10 18.15 16.00 22.56 22.31 236 709 7800 12 12 19.40 19.00 25,00 24.75 333 I000 11000 14 14 21.38 21.00 26.67 26.42 409 t227 13500 16 16 23.38 23.50 28.97 28.72 545 1636 18000 18 18 27.25 25.00 31.14 30.89 667 2000 22000 ,Remote Mount Transmitter- 20 20 27.63 27.50 33,39 33.14 879 2636 29000~' -~ ~-~' ~1 ! 24 24 32.75 32.00 37.44 37,19 1273 38t8 42000 30 30 43,50 38.75 43.72 43.47 1909 5727 63000 36 36 47.75 46.00 50.20 49.95 2925 8775 96525 42 42 51.75 53.00 56.90 56.65 4040 12120 133320 54 54 53.50 66.25 69.88 69,63 7144 21433 235800 60 60 65.50 73.00 76.75 76.50 8500 25500 280500 66 66 65,50 80.00 83.75 83.50 10300 31000 341000 72 72 72.75 86.50 90,00 89.75 12700 38100 419100 Dimensions for 150 lb flanges. Allow 1/8' to 1/4" for li~in~ thickness / Dimensions C & O +-0125" ~ A B I HOW TO ORDER A TIGERMAG £P MODEL 656 · Sensor FM-656 ~ T~germagEP -I Size OD: 0.50", OF = 1", OG: 1.5", 02 = 9", 03 = 3", 04 = 4", 06: 6', 08 = 8", etc. --...~ Table 3 - Liner Material Hard Rubber (6"-72~ 3 Tefzel® (0.5'-48') 6 Ceramic liner (0.5"-2') 2 Soft Rubber (6'~72') 5 Polyurethane (6'-48') 9 Neoprene Table 4 - Electrode Material -- 1 3t6SS 4 Titanium 7 Platinum ~9.19' i ~---6.13"~ 2 Hastelloy C 5 Tantalum 8 Zirconium 3 316SS Bullet Nosed 6 Fused Platinum 9 Monel~ Table 5 - Flange Ra6ng 150 lb. flanges 4 PN 10 DIN 6 JIS 10K O O 3 300 lb. flanges 5 PN 16 DIN 7 JIS 20K Table 6 - Transmitter and Mounting · 0 Integral NEMA-4X/NEMA-7 enclosure End 3 Remote NEMA-4X/NEMA*7 enclosure, 15' cable, accidentiat submergence proof sensor 6 Remote NEMA-4X encl., 15~ cable, acc. submergence prool sensor 7 Remote NEMA-4X encl., 15' cable, permanent submergence L B Remote NEMA-4X encl. w/Batcher, 15' cabie, acc, submergence C Remote NEMA-4X enclosure w/Batcher, permanent submergence I Table 7 - Supply* Power LO 7.~_7-265 VAC Power 1 12-60 VDC Power speCial Notes for Construction MOUNTED MOUNTED __Hart® protocol (KP602 programmer available) __RS-485 Communications port _ Hot Tap removable electrode design (6" & above only) Removable electrode design (6' - 72") Zspec,a length (over 15 feet - Max. 100 fi,) ~ contacts (remote onty) Change Order 3 Item 3 P,~.56 *FM a~proval is up/_y~.to 120 volts Exhibit A~ ~t~8-ef 9 0.25% of span (~50% of span) (1-3 [ps) 0.5% ct flow rate (~ 50% of spa~) ( 1-3 fps) 12 The accuracy' shall be at least 0.5% (_> 50% of span) of flow rate over a 33:1 4097N.TemDleCityBIvd. o P.O. Box5988oEIMonte CAUSA91731 Change Order 3 ~7---. _ in[eme[:nllp://w~w.sparllnglnstruments,com. E-mail: sales~sparlinginstnJmen{s.com Exhibit A, Sheet 9 of 9 Change Order 3 Item 4:EB-3 Pump Upgrade EXHIBIT B SCOPE OF WORK The work consists of demolishing existing pumps (2) and associated pump bases, motors, piping and fittings as noted on the demolition plan; installing new dry-pit pumps (2) and associated pump bases, piping and fittings as noted on the attached plan sheet. The City will furnish the following items: Two Flygt NT-3171 pumps. City responsibilities: The City will provide and operate the flow bypass system so the Contractor can work in the wet well. The City will clean and vacuum the wet well prior to the Contractor beginning work. The City will perform all electrical/instrumentation work and startup of the pumps. Attachments: Demolition plan, 8-1/2" x 11" sheet Cut sheet with dimensions for Flygt NT-3171 t l ~ ~ 17 ~ EB-3 Pump Installation, Plan and Detail Sheet, 22" x 34" plan sheet February25, 2004 vr-317 ! Section 4 ~ Outline Dimensions [Issued: 5/02 1Supersedes: S R THD (,~x) -- DIA ' ¢~ HOLE (6x) / J p _ K DIA. ' cL^ss ¢2 ANCHOR BOLT (6x) (NOM. SIZE) 1',.-- ~ · '- ~ urn L DIA. NOTE: /TWQTE~LGHw;~,~:~ PUMP CAN BE ROTATED ABOUT IT'S MODEL ~ZI~' VERS!ON CENTERUNE TO 4- POSIT~ONS RELATIVE NT ¢" ~ HT / Boo / To THE INLET EUaOW. NT /6"/ MT / B8o ; ALL DIMENSIONS IN INCHES ' T SIZE TI~P V/~ L ~/~ EB-3 Existing Pump Station Section Demolition Plans 64 DATE SUBMITTED: 4-7-04 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval to Hire Asst. City Committee Meeting Date: 4-13-04 Attorney above Step 1. COUNCIL MEETING Date: 4-14-04 Department: City Attorney Presenter: Roger Lubovich Phone: 478-2335 SUMMARY: The BMC Chapter 2.50, Section 2.50.032 (a) requires Council approval for an initial salary rate which exceeds Rate I. Council approval is requested to hire Brett Vinson as Assistant City Attorney at Pay Rate 3 of Band 17. Brett began his ~areer at the City of Kent in 1999 as a prosecutor. Shortly thereafter, he transferred to the Civil Division where he has been practicing law in the areas of Public Works, Employment and Code Enforcement. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded for 2004 per approval of 2004 budget and has been vacant for 2 months.. DEPARTMENT DIRECTOR: ~ / CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAIdBUDGET: /t/~tr'at t//7!o~/; q~J!o¥ ' OPERATIONS: ./~l."~r'-"[ vh !Ot~; t~/lg/o~' CONSENT AGENDA [. COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the hiring of Brett Vinson as Assistant City Attorney at Pay Step 3 of Band 17. COUNCIL ACTION: [] Approve [] Deny [] Table 71 [] Continue [] No Action DATE SUBMITTED: March 12, 2004 BILL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Heating on Ordinance Committee Meeting Date: March 30, 2004 amending Section 6.32.010 BMC relating to COUNCIL MEETING Date: April 14 and 21, 2004 noise control districts Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The current provisions of Section 6.32.010 BMC relating to noise control districts do not address the DW and DC zones. The proposed ordinance updates Section 6.32.010 to include the DW and DC zones. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: ~ CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ,," CONSENT AGENDA [] OPERATIONS: ~, - ~x .~~~_~ COUNCIL PRESIDENT: - .~.~.,,..,_ /'~(,'?,,...-...~ RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 6.32.010 of the Bremerton Municipal Code relating to noise control districts to include the DW and DC zones. WHEREAS, the current provisions of Section 6.32.010 of the Bremerton Municipal Code relating to noise control districts do not address which district the DW and DC zones are in; and WHEREAS, the City Council desires to update the provisions relating to noise control districts to provide for the DW and DC zones; NOW THEREFORE, THE CiTY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 6.32.010 of the Bremerton Municipal Code entitled "Definitions" relating to noise levels is hereby amended to read as follows: 6.32.010 DEFINITIONS. All technical terminology used in this chapter not defined heroin shall be interpreted in conformance with American National Standards Institute Specifications, Sections 1. I-1960 and 1.4-1971. For purposes of this chapter, the words and phrases used herein shall have the meaning indicated below: (a) "Administrator" means the mayor of the ~ity of Bremerton or his or her designee. (b) "db(A)" means a sound level, measured in decibels, using the A frequency- weighing network of a sound-level meter. (c) "District" means the land-use zones to which the provisions of this chapter apply. For the purposes of this chapter, the following noise control districts shall be established, which include land use zones designated in the Bremerton zoning ordinance, as follows: Noise Control District Land Use Zones District I SF1, SF2, SF3, CBR, DR, MF, MR District II PO, NB, GB, SC, BC, BP, MX, PS, LPO, DW, DC District III IP, IG, WS, FM (d) "Emergency work" means: (1) Work made necessary to restore property to a safe condition following a public calamity; (2) Work required to protect persons or property from imminent exposure to danger; or (3) Work by private or public utilities for providing or restoring immediately necessary utility service. Downtown District Noise Control (e) "Motorcycle" means any motor vehicle having a saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground, except farm tractors and such vehicles powered by an engine of less than five horsepower. (f) "Motor vehicle" means any vehicle which is self-propelled, used primarily for transporting persons or property upon public highways, and required to be licensed under RCW 46.16.010. (Aircraft, watercraft, and vehicles used on rails or tracks are not motor vehicles as that term is used herein). (g) "Noise" means the intensity, duration and character of sounds from any and all sources. (h) "Person" means any individual firm, association, partnership, corporation or any other entity, public or private. (i) "Police Officer" means a duly appointed city, county or state law enforcement officer. (j) "Property boundary" means the survey line at ground surface which separates real property owned, rented or leased by one or more other persons and its vertical extension. (k) "Receiving property" means real property within which sound originating from sources outside the property is received. (1) "Sound level" means a weighted sound pressure level obtained by the use of a sound level meter and weighted as specified in American National Standards Institute Specifications, Section 1.4-1971. (m) "Sound level meter" means a sound-level measuring device, either Type ! or Type II, as defined by American National Standards Institute Specifications, Section 1.4-1971. (n) "Weekend" means Saturday and Sunday or any legal holiday. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordimmce and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor Downtown District Noise Control ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:\LEGAL\Ordinances\Conm~unity DevelopmentLNmse zones.doc 3 ~1~ Downtown District Noise Control DATE SUBMITTED: March 12, 2004 BILL # 0 ¥- 0O~L AGENDA BILL CITY OF BREMERTON 7 B CITY COUNCIL SUBJECT: Public Heating on Ordinance Committee Meeting Date: March 30, 2004 amending Sections 11.08.100 and 11.08.130 COUNCIL MEETING Date: April 14 and 21, 2004 BMC relating to permit and insurance Department: City Attorney's Office requirements for sidewalk construction, Presenter: Roger A. Lubovich reconstruction and repair. Phone: 2345 SUMMARY: The current provisions of Sections 11.08.100 and 11.08.130 relating to permit and insurance requirements for sidewalk construction, reconstruction and repair may result in conflicts with other sections of the Bremerton Mtmicipal Code. The proposed ordinance updates these sections in order to have a comprehensive, consistent permitting process for sidewalk and right-of-way permitting. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: FISCAL/BUDGET: ./__~.~ ,, OPERATIONS: x~-x~,,~,~,~kz::~ ~ CONSENT AGENDA [] COUNCIL PRESDENT: _~'~----. ,~.~4..~ RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action 7b ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Sections 11.08. i00 and 11.08.130 of the Bremerton Municipal Code relating to permit and insurance requirements for sidewalk construction, reconstruction and repair. WHEREAS, the current provisions of Section 11.08.100 of the Bremerton Municipal Code relating to permit requirements for sidewalk construction, reconstruction and repair result in a potential conflict with right-of-way permitting requirements of Section 11.02.080 BMC; and WHEREAS, the current provisions of Section 11.08.130 of the Bremerton Municipal Code relating to insurance requirements for sidewalk construction, reconstruction and repair may also result in a potential conflict with the insurance requirements of Section 11.02.230 BMC; and WHEREAS, the City Council desires to update the provisions relating to permit and insurance requirements for sidewalk construction, reconstruction and repair in order to have a comprehensive, consistent permitting process for sidewalk and right-of-way permitting; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 11.08.100 of the Breruerton Municipal Code relating to sidewalk construction, reconstruction, and repair entitled "Permit Required - Application" is hereby amended to read as follows: 11.08.100 PERMIT REQUIRED - APPLICATION. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public fights-of-way without first obtaining a permit from the City, pursuant to Section 11.02.080 BMC and related permittina requirements of Chapter 11.02 BMC. Such SECTION 2. Section 11.08.130 of the Bremerton Municipal Code relating to sidewalk construction, reconstruction and repair entitled "Liability Insurance Required" is hereby repealed in its entirety. 1 '7'7 ROW Permitting - Chpt 11.02 SECTION 3: Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION4. 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 ,2004 PASSED by the City Council the day of ,2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the .day of ,2004 ORDINANCE NO. R:kLEGAL\OrdinanceskPublic Works & Utilities\Sidewalk Permits and insurance.doc ROW Permitting - Chpt 11.02 DATE SUBMITTED: March I 1, 2004 BILL # /9~/- 063 AGENDA BILL CITY OF BREMERTON 7~ C1TY COUNCIL SUBJECT: Public Hearing on Ordinance Committee Meeting Date: repealing and replacing Ch. 2.78 BMC COUNCIL MEETiNG Date: a4~ relating to real property transactions Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 2345 SUMMARY: The current provisions of Chapter 2.78 of the Bremerton Municipal Code relating to real property transactions are burdensome and result in inefficient administration and processing of real estate transactions. The proposed ordinance simplifies the process for real property transactions by requiring all sales and purchases of real property by the City be subject to City Council approval upon terms and conditions as approved by the City Council and, further, by providing other provisions related to real property transactions. ATTACHMENTS: 1. Memorandum to City Council 2. Proposed Ordinance 3. Relevant RCWs 4. Current Chapter 2.78 BMC 5. Legislative history and Ordinance No. 4475 adopting the current Chapter 2.78 BMC 6. City Policies 1-20-3 (acquisitions and sales) and 1-20-04 (leases) FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: ~,~ CITY ATTORNEY: FiNANCE DIRECTOR: MAYOR: ( 2.._ '/'~-'~ __ FISCALdBUDGET: '/~- .~fff~--'-- -""~'"'-"- - AGENDA [] oPEe T ONS: r-h . CONSENT COUNCIL PRESIDENT: "'-~ ~,-,~. RECOMMENDED MOTION: 1. I move to approve the proposed ordinance on first reading. 2. I move to pass Ordinance No. on second reading. COUNCIL ACTIOn: [] Approve [] Deny [] Table [] Continue [] No Action Office of the City Attorney Roger A. Lubovich, City Attorney Memorandum TO: City Council gate: March 10, 2004 I. Current Policy. The proposed ordinance for real estate transactions amends the process for the purchase and sale of real property by the City. The current policy, codified in Chapter 2.78 BMC (attached), provides as follows: 1. For Selling Property. The City annually reviews the inventory of property and presents a report to the Council for consideration with a recommendation whether or not parcels should be retained or surplused. In addition to the annual surplus property review, the surplus review procedures for a particular property may be initiated at any time. Following a hearing on the proposed disposition of property, the property can then be surplused by the Council. Then, based on the estimated value of the property, either a limited opinion of value, a short appraisal form report, or a full narrative appraisal report is obtained for the property to be disposed of. All properties not approved for listing through a broker or through a negotiated sale pursuant to Chapter 2.78 BMC shall be subject to a sealed advertised bid process. In lieu of a sealed bid, the Council may require marketing through a broker. In the event the City Council finds that the property has a unique character or development potential that is subject to special consideration or conditions which create a benefit to the City, it can declare such parcel surplused and direct a negotiated sale subject to final Council approval. 2. Purchases of Real Property or a Property. For property which is not acquired through a voluntary sale (i.e., under threat of condemnation), the department acquiring the property shall make a written offer for the full amount established by appraisal or less formal assessment based on the value of the property. Council shall then approve the real estate agreement. No owner shall be required to surrender the property until the City has deposited the full amount in the Court having jurisdiction of condemnation of the property. Chapter 2.78 is silent on how voluntary negotiated purchases are processed and approved. 3. City Financial Policy. City Financial Policy 1-20-03 as set forth in the Bremerton Policy Manual entitled "Real Property Surplus, Sale and Acquisition", duplicates the provisions of Chapter 2.78 BMC, and is proposed to be repealed with the current Chapter 2.78. II. Proposed Policy. The proposed ordinance simplifies the current process by requiring that all sales and purchases of property by the City shall be subject to Council approval. The ordinance provides: MEMORANDUM: (Real Estate Transactions Proposed Ordinance) March 10, 2004 Page: 2 1. All real estate purchases and sales shall be approved by the City Council upon terms and conditions as approved by the City Council. The Council, therefore, can accept or reject the terms as presented to it and/or it can establish procedures for the disposition or purchase of property as it deems appropriate. 2. Leases of real property to or by the City, which exceed two years and/or exceed $10,000 per year, shall require approval ofthe City Council. This codifies the level of authority for the Administration to enter into rental and lease agreements as set forth in City Financial Policy 1-20-04 "entitled "Residential Rental Agreements and Commercial Leases", insuring that the City Council approves leases having a signifigant term or value. 3. City Council approval o~project budgets or condemnation proceedings for right- of-way improvements shall be deemed Council approval for the purpose of acquiring easements or rights-of-way for street or road improvements. This allows Public Works & Utilities to obtain prior approval for acquisition of necessary rights-of-way for road projects. 4. Utility property must first be surplused following a heating as provided for by State law. 5. The sale or lease of surplus property having a value of more than $50,000 to another governmental entity requires a heating and surplusing pursuant to State law. 6. Sale or lease of Parks property is subject to the Parks Protection Code, Chapter 13.12 BMC. 7. The City reaffirms and readopts its current policy in Chapter 2.78 to elect not to comply with the provisions of RCW 8.26 relating to relocation costs for projects not involving Federal funds. ORDINANCE NO. AN ORDINANCE of the City Council of the City of Brernerton, Washington, repealing Chapter 2.78 of the Bremerton Municipal Code entitled "Real Property Transactions" and a related City policy and further adopting a new Chapter 2.78 establishing new procedures for the purchase, sale and leasing of real property. WHEREAS, the current provisions of Chapter 2.78 of the Bremerton Municipal Code relating to real property transactions are burdensome and result in inefficient administration and processing of real estate transactions; and WHEREAS, the City Council desires to 1) repeal Chapter 2.78 BMC entitled "Real Property Transactions", 2) repeal City Financial Policy 1-20-03 entitled" Real Property Surplus, Sale and Acquisition", which duplicates the provisions of Chapter 2.78 BMC, and 3) enact a new Chapter 2.78 BMC in order to update the provisions relating to real property transactions; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY ORDAiN AS FOLLOWS: SECTION 1. Chapter 2.78 of the Bremerton Municipal Code entitled "Real Property Transactions" is hereby repealed in its entirety and there is hereby created a new Chapter 2.78 entitled "Real Property Transactions" to read as follows: Chapter 2.78 REAL PROPERTY TRANSACTIONS 2.78.010 PURCHASES AND SALES. (a) The City Council shall approve all purchases of real property and shall surplus as appropriate and approve all sales of real property by the City. (b) When disposing of real property, the City may list the property ~vith a real estate broker, negotiate directly with a prospective purchaser or utilize any other appropriate means to sell the property. (c) If the City determines that the real property has value only to an abutting owner of land because of the size, shape, topography, feature or restriction of the property, the City shall notify the abutting owner that the property is for sale to allow them an opportunity to submit an offer to purchase the property and/or to match any offer presented. (d) Subject to the provisions of this chapter, all real property purchases and sales shall be pursuant to terms and conditions as approved by the City Council. 1 ~. Real Proper~y Transactions 2.78.020 LEASES. The leasing of real property by or to the City for a term which, including options, exceeds two (2) years and/or exceeds $10,000 per year, shall require the approval of the City Council. 2.78.030 RIGHT OF WAY ACQUISITIONS. City Council approval of project budgets or condemnation proceedings for right of way, easernent or other land acquisitions for street or road development or improvements shall constitute City Council approval for the purpose of BMC 2.78.010. 2.78.040 UTILITY PROPERTY. Prior to the sale or lease of city public utility real property, the city council shall, by resolution, surplus and authorize the sale or lease of said property following a public hearing pursuant to the provisions of RCW 35.94.040. 2.78.050 PARKS PROPERTY. The sale or lease of parks property as designated in BMC 13.12.020 shall be subject to the provisions of the Parks Protection Code, Chapter 13.12 BMC. 2.78.060 INTERGOVERNMENTAL SALES AND LEASES. Prior to the sale or lease of surplus city property having an estimated value of more than fifty thousand ($50,000) dollars to another governmental entity, the city council shall hold a hearing following notice pursuant to the provisions of RCW 39.33.020. 2.78.070 RELOCATION. Pursuant to RCW 8.26.010(2), the City hereby elects not to comply With the provisions of RCW 8.26.035 through RCW 8.26.115 regarding moving and related expenses when acquiring property in connection with a program or project not receiving federal financial assistance. SECTION2. Policy Repealed. City Financial Policy 1-20-03 as set forth in the Bremerton Policy Manual entitled "Real Property Surplus, Sale and Acquisition ", which duplicates the provisions of Chapter 2.78 BMC, is hereby repealed in its entirety. SECTION 3. Severability. If any one or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. F~ffective Date. This ordinance shall take effect and be in force ten (I 0) days from and after its passage, approval and publication as provided by law. APPROVED by the City Council the day of ., 2004 Real Property Transactions PASSED by the City Council the day of _, 2004 DAREN NYGREN, Council President Approved this day of ,2004 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: PAULA JOHNSTON, Interim City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of ,2004 EFFECTIVE the day of ,2004 ORDINANCE NO. R:\LEGAL\Ordinances\Real Propeay Transactions.doc Real Property Transactions RCWs relevant to Chapter 2.78 BMC Real ProperS. Transactions RCW 35.94.040 Lease or sale of land or property originally acquired for public utility purposes. Whenever a city shall determine, by resolution of its legislative authority, that any lands, property, or equipment originally acquired for public utility purposes is surplus to the city's needs and is not required for providing continued public utility service, then such legislative authority by resolution and after a public hearing may cause such lands, property, or equipment to be leased, sold, or conveyed. Such resolution shall state the fair market value or the rent or consideration to b6 paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest. The provisions of RCW 35.94.020 and 35.94.030 shall not apply to dispositions authorized by this section. RCW 35.94.010 Authority to sell or let. A city may lease for any term of years or sell and convey any public utility works, plant, or system owned by it or any part thereof, together with all or any equipment and appurtenances thereof. RCW 35.94.020 Procedure. The legislative authority of the city, if it deems it advisable to lease or sell the works, plant, or system, or any part thereof, shall adopt a resolution stating whether it desires to lease or sell. If it desires to lease, the resolution shall state the general terms and conditions of the lease, but not the rent. If it desires to sell the general terms of sale shall be stated, but not the price. The resolution shall direct the city clerk, or other proper official, to publish the resolution not less than once a week for four weeks in the official newspaper of the city, together with a notice calling for sealed bids to be filed with the clerk or other proper official not later than a certain time, accompanied by a certified check payable to the order of the city, for such amount as the resolution shall require, or a deposit ora like sum in money. Each bid shall state that the bidder agrees that if his bid is accepted and he fails to comply therewith within the time hereinafter specified, the check or deposit shall be forfeited to the city. If bids for a lease are called for, bidders shall bid the amount to be paid as the rent for each year of the term of the lease. If bids for a sale are called for, the bids shall state the price offered. The legislative authority of the city may reject any or all bids and accept any bid which it deems best. At the first meeting of the legislative authority of the city held after the expiration of the time fixed for receiving bids, or at some later meeting, the bids shall be considered. In order for the legislative authority to declare it advisable to accept any bid it shall be necessary for two-thirds of all the members elected to the legislative authority to vote in favor ora resolution making the declaration. If the resolution is adopted it shall be necessary, in order that the bid be accepted, to enact an ordinance accepting it and directing the execution of a lease or conveyance by the mayor and city clerk or other proper official. The ordinance shall not take effect until it has been submitted to the voters of the city for their approval or rejection at the next general election or at a special election called for that purpose, and a majority of the voters voting thereon have approved it. If approved it shall take effect as soon as the result of the vote is proclaimed by the mayor. If it is so submitted and fails of approval, it shall be rejected and annulled. The mayor shall proclaim the vote as soon as it is properly certified. RCW 35.94.030 Execution of lease or conveyance. Upon the taking effect of the ordinance the mayor and the city clerk or other proper official shall execute, in the name and on behalf of the city, the lease or conveyance directed thereby. The lessee or grantee shall accept and execute the instrument within ten days after notice of its execution by the city or forfeit to the city, the amount of the check or deposit accompanying his bid: PROVIDED, That if litigation in good faith is instituted within ten days to determine the rights of the parties;no forfeiture shall take place unless the lessee or grantee fails for five days after the termination of the litigation in favor of the city to accept and execute the lease or conveyance. RCW 39.33.020 Disposal of surplus property -- Hearing -- Notice. Before disposing of surptus property with an estimated value of more than fifty thousand dollars, the state or a political subdivision shall hold a public heating in the county where the property or the greatest portion thereof is located. At least ten days but not more than twenty*five days prior to the heating, there shall be published a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is located. A news release pertaining to the heating shall be disseminated among printed and electronic media in the area where the property is located. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public. If the surplus is real property, the public notice and news release shall also describe the proposed use of the lands involved. If there is a failure to substantially comply with the procedures set forth in this section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the disposal agreement. RCW 8.26.010 Purposes and scope. (1) The purposes of this chapter are: (a) To establish a uniform policy for the fair and equitable treatment of persons displaced as a direct result of public works programs of the state and local governments in order that such persons shall not suffer disproportionate injuries as a result of programs designed for the benefit of the public as a whole and to minimize the hardship of displacement on such persons; (b) To encourage and expedite the acquisition of real property for public works programs by agreements with owners, to reduce litigation and relieve congestion in the courts, to assure consistent treatment for owners affected by state and local programs, and to promote public confidence in state and local land acquisition practices. (2) Notwithstanding the provisions and limitations of this chapter requiring a local public agency to comply with the provisions of this chapter, the governing body of any local public agency may elect not to comply with the provisions of RCW 8.26.035 through 8.26.115 in connection with a program or p~:oject not receiving federal financial assistance. Any person who has the authority to acquire property by eminent domain under state law may elect not to comply with RCW 8.26.180 through 8.26.200 in connection with a program or project not receiving federal financial assistance. (3) Any determination by the head of a state agency or local public agency administering a program or project as to payments under this chapter is subject to review pursuant to chapter 34.05 RCW; otherwise, no provision of this chapter may be construed to give any person a cause of action in any court. (4) Nothing in this chapter may be construed as creating in any condemnation proceedings brought under the power of eminent domain, any element of value or of damage not in existence immediately before March 16, 1988. Chapter 2.78 6. Whether special cc, usideration ought to be given to some other public agency that has a use for the REAL PROPERTY TRANSACTIONS pamel. 7. A recommendation as to whether such parcel should be retained or smplused. 8. Whether the parcel should be sold by sealed Sections: bid or through negotiation. 2.78.010 SURPLUS PROPERTY - POLICY. The final report and recommendation, approved by 2.78.020 DECLARATION OF SURPLUS. the Mayor, shall be presented no later than September 1 2.78.030 SURPLUS PROPERTY - for consideration by the City Council. The Council shall DISPOSITION. schedule a public hearing by publishing a notice not le~s 2.78.040 ACQUISITION OF PROPERTY - than 10 days or more than 25 days prior to the time set for OFFER. hearing accompanied by a news release to printed end 2.78.050 POSSESSION AND USE. electronic media. The notice shall state for each parcel: 2.78.060 RELOCATION. 1. An easily understood description of 2.78.070 EXPENSES OF TRANSFER. property locations. 2.78.080 EFFECT ON VOLUNTARY 2. The date, time and place of the hearing. SALES. 3. Whether special covenants or restriction are proposed as a condition of sale. 4. Whether the parcel is proposed to ha sold 2.78.010 SURPLUS PROPERTY - POLICY. by sealed bid or through negotiated sale. If a negotiated It is not in the public interest for property held by the sale, the notice shall give the prospective purchasers and City to remain off the tax rolls if it Call be sold for a reasonable value and it is not needed for some present ur proposed use. future municipal use. It ia therefore the policy of the City In addition to publication, the notice of hearing shall °fBremartuntodisp°se°fallrealpr°potWtheCityhulds be posted conspicuously upon the propealy and by sale or lease when such property is declared to be notification mailed to all property owners within 300 feet surplus to its current or future needs and where such at least 10 days prior to tha public hearing. disposition would be expected to afford fue City a Following a public hearing, council shall determine reasonable returm (Ord. 4475 §2 (in part), 1994) those parcels to be declared surplus and disposed ofbased on Council's further determination of'. 2.78.020 DECLARATION OF SURPLUS. 1. Whether special covenants or restriction (a) Annual Review. should be imposed as a condition of sale. Annually in July, the Administrative Services 2. Whethar tbe pareel should be sold by sealed Director shall review all the Ciiafs cuucut real estate bid, listing with a broker or negotiated sale. holdings to datennlue which pan:els not actively used by 3. Findings outlined in BMC 13.12 for those the city or included as park lands under BMC 13.02.020, park properties listed in that chapter. if any, should be declared surplus to the City's needs and 4. Whether purchase may be by real estate what parcels, if any, currently designated as surplus should con, act not to exceed ten equal payments and setting the be redesignated. A preliminary report shall be circulated interest rote. to all department hends for comment and shall contaln ur Parks Board review required by BMC 13.12 shall selicitthe following information: supplement the pmcadures above for Parks properties 1. A description of the parcel, size, and its listed under BMC 13.12.020. general location. Co) In addition to the unmad surplus property review, 2. A description of the circumstances under the Mayor, a department head or the City Council may which the parcel was obtained and to which fund the initiate the surplus review procedures of INs section for a proceeds from the sale would be credited, particular property at any time by filing a request with the 3. A description of what municipal use such Clerk. (Ord. 4475 §2 (in part), 1994) property has been put to in the past, if any, and what use it might be held for. 4. A statement as to whether the parcel is only 2.78.030 SURPLUS PROPERTY - useable by abutting owners or is of general marketability. DISPOSITION. 5. An estimate of its current market value and (a) Determination of Property Value. a recommendation as to whether any special covenants or Where no current appraisal (conducted within the last restriction should be imposed in conjunction with its sale. six months of surplus declamtien) is available, the Clerk 2.78-1 shall arrange, 1) a limited opinion of value for properties 3. Where more than one, the abutters ere estimated at less than $25,000; 2) short form appraisal agreed among themselves as to the division or allocation report for properties valued as less than $100,000, but oftherights ofownerskip orhave waived any preferenfinl greater than $25,000; or 3) full narrative appraisal report right of purchase offered by tiffs policy. for properties estimated fu excess of $100,000 in value. (e) Other Negotiated Sales. The Clerk shall only accept offers for purchase within I. In the event City Council finds that a unique 10% of the appraised price as a minimum accepted price character or devehipment potential of a particular parcel of unless otherwiseprovidedbelow. City property is such that special considerations or CO) Sealed Bid Process. conditions of sale to a particular purchaser, Including All properties not approved for listing or negotiated another publ/c entity, create benefits to the City and the sale shall be subject to a sealed bid process. The greater community which outweigh monetary tatum to the following notification procedure shall be utilized: City, the Council may declare such parcel surplus to the 1. A notice of the City's intent to dispose of the City's needs and direct a negotiated sale subject to final property in question shall be conspicuously posted on the Council approval. property no less than two weeks prior to the date set for 2. When a potential purchaser offers property final bid submittals. Similar notice shall be posted at City in exchange for City property which may enhance other Hall. City property or promote the needs of the City, Council 2. Prope~ subject to sale shall be advertised may declare the subject property surplus and direct a in the real estate section of the Bremerton Sun at least negotiated sale subject to final approval by Council. once for four consecutive weeks preceding the final day 3. Transfers to other public entities roay be at for submitting sealed bids. less than cerrent market value if the Council, by resolution 3. Notice and ads shall include a description of approved by a majority plus one vote, approves the the property, the procedure by which this property is transfer and declares the particuler City interests served disposed o/~ deposits which must be made, the minimum thereby. price that will be accepted, and any condition of use or 4. Sales under this section shall be negotiated development imposed by *he Council. by the Administrative Services Director, City Attorney and Any bid that is submitted of $1,000 or less must be department head most directly affected by the property accompanied by a bid deposit in the form of a cashiers Iransacfion, unless otherwise directed by the Mayor. check payable to the City equal to 25%of the bid amount (f) Closing. i .: Where the bid amount exceeds $1,000, the bid deposit Subject to Council moditicafion, shall be 10% of the bid. It shall'be the obligation of the 1. The CltyAttorney's Office shall prepare and successful bidder to pay the full purchase price within 30 handle all closing documents in regard to property sales or days from the date of the bid award, and failure to do so, exchanges, including necessary legal provisions to ensure shall result in forfeiture of the bid deposit to the City as that the subject pmporty is used or developed in a manner liquidated damages, consistent with special considerations or conditions (c) Broker Listing. approved by Council; Where the Council finds as part of its surplus and 2. All conveyances ~hall be by statutory disposition determination that the character or value of a wanant deed; and parcel may require mmkefing efforts to realize the 3. All cests exclusive of deed preparation shall maximum price, and that these efforts can most be borne by the purchasers, including rifle insurance if economically be provided by a broker rather than City desired, recordation costs, brokerage and escrow fees if stafl~ Council may approve a listing agreement in lieu of applicable. (Ord. 4475 §2 (in part), 1994) sealed bids; Provided, That any agreement shall include a mln|mnnl value and. minimuul notice under subsections 2.78.040 ACQUISITION OF PROPERTY - (a) and Co) above. OFFER. (d) SaletoAbutfingOwner. The department acquiring property for a budgeted If the surplus property has value only to an abutting purpose shaLl make a written offer to acquire the property owner because of its size, shape, topography or other for the full amount established by appraisal or by less resffictious, the Clerk shall accept the minimum formalestimateofvalueforpropertieswithavaluebe[ow acceptable purchase price from an abutter (or abutters); $75,000. The offer shall summarize the basis for the Provided: araoont of just compensalion, and benefits or damages to 1. An abutter is the only one that can put the remaining real property shall be separately stated. If an property to its highest and best use in combination with the abutters property; uneconomic remnant would result fiom acquisition, the 2. The abutter is willing to purchase for the deparmaent shall offer to acquire that remnant. An minimum acceptable selling price; uneconomic remnant is a parcel with little or no utility or 2.78-2 value. The City Council shall approve each real estate particular parcel by condemnation. (Ord. 4475 §2 (in purchase agreement or delegate approval of agreements to part), 1994) the Mayor for one or a number of parcels to be acquired for a common purpose setting a limit on total compensation in advance. (Ord. 4475 ~2 (in part), 1994) 2.78.050 POSSESSION AND USE. (a) No Owner shall be required to surrender possession of real property before the agreed purchase price is paid, an amount not less than the City's appraisal of the fair market value of the property is deposited with a court having jurisdiction of condemnation of such property for the immediate and um'estficted use of the omar, or the amount of the award of compensation in the condemnation proceeding is paid. Co) As part of negotiations, the depal~ment may administratively extend an owner or tenant's occupancy by a short term rental or for a period subject to term~afion on short notice, depending on the needs of the deparlment, for an amount not exceeding the fair rental value of the property to a short-term occupier. (ord. 4475 §2 (in part), 1994) 2.78.060 RELOCATION. The constmcfien or development of a public improvement shah be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move fi.om a dwelling or business without at least ninety days written notice of the date such move is required. The City hereby elects not to apply the provisions of RCW 8.26.035 through 8.2.6.115 when acquiring property as part of a program or project unless required by federal financial asaiatance. (Ord. 4475 §2 (in part), 1994) 2.78.070 EXPENSES OF TRANSFER. As soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, the department shall reimburse ur pay the reasonable expenses for. 1. Recording fees, transfer taxes and similar expemes. 2. Penalty costs for full or partial prepayment of any reexisfing recorded mortgage. 3. The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting tire in the City. (ord. 4475 §2 (in part), 1994) 2.78.080 EFFECT ON VOLUNTARY SALES. Sections .040 through .070 of this chapter shall not apply to voluntary sales negotiated following an offer from the City or the owner where the City has not expressly stated in writing its intent to acquire the ~0 2.78-3 9'7 /0o INDEX EFFECTrVE DATE: 07/13/94 Real Property/Assets APPROVED 1-20-03 REVISED DATE: Ordinance #4475 POLICY It is the intent of the City to provide for fair and equitable treatment of persons and owners affected by municipal programs of property sale and acquisition, and to promote public confidence in its real property practices. It is in the public interest to dispose of all real property by sale or lease when such property can be sold or leased for a reasonable value and is not needed for some present or future municipal use. PROCEDURE 1. DECLARATION OF SURPLUS. (a) Annual l*,eview. Annually in July, the Administrative Services Director shall review all the City's current real estate holdings to determine which parcels not actively used by the city or included as park lands under BMC 13.02.020, if any, should be declared surplus to the City's needs and what parcels, if any, currently designated as surplus should be redesignated. A preliminary report shall be circulated to all department heads for comment and shall contain or solicit the following information: (1) A description of the parcel, size, and its general location. (2) A description of the circumstances under which the parcel was obtained and to which fund the proceeds from the sale would be credited. (3) A description of what municipal use such property has been put to in the past, if any, and what use it might be held for. (4) A statement as to whether the parcel is only useable by abutting owners or is of general marketability. (5) An estimate of its current market value and a recommendation as to whether any special covenants or restriction should be imposed in conjunction with its sale. (6) Whether special consideration ought to be given to some other public agency that has a use for the parcel. (7) A recommendation as to whether such parcel should be retained or surplused. (8) Whether the parcel should be sold by sealed bid or through negotiation. 1 REALPROP.POL The final report and recommendation, approved by the Mayor, shall be presented no later than September 1 for consideration by the City Council. The Council shall schedule a public hearing by publishing a notice not less than 10 days or more than 25 days prior to the time set for hearing accompanied by a news release to printed and electronic media. The notice shall state for each parcel: (1) An easily understood description of property locations. (2) The date, time and place of the hearing. (3) Whether special covenants or restriction are proposed as a condition of sale. (4) Whether the parcel is proposed to be sold by sealed bid or through negotiated sale. If a negotiated sale, the notice shall give the prospective purchasers and proposed use. . In addition to publication, the notice of hearing shall be posted conspicuously upon the property and notification mailed to all property owners within 300 feet at least 10 days prior to the public hearing. Following a public hearing, Council shall determine those parcels to be declared surplus and disposed of based on Council's further determination of: (1) Whether special covenants or restriction' should be imposed as a condition of sale. (2) Whether the parcel should be sold by sealed bid, listing with a broker or negotiated sale. (3) Findings outlined in BMC 13.12 for those park properties listed in that chapter. (4) Whether purchase may be by real estate contract not to exceed ten equal payments and setting the interest rate. Parks Board review required by BMC 13.12 shall supplement the procedures above for the Parks properties listed under BMC 13.12.020. Co) In addition to the annual surplus property review, the Mayor, a department head or the City Council may initiate the surplus review procedures of this section for a particular property at any time by filing a request with the Clerk. 2. SLrRPLUS PROPERTY - DISPOSITION. (a) Determination of Property Value. Where no current appraisal (conducted within the last six months of surplus declaration) is available, the Clerk shall arrange, 1) a limited opinion of value 2 REALPROP.POL for properties estimated at less than $25,000; 2) short form appraisal report for properties valued at less than $100,000, but greater than $25,000; or 3) full narrative appraisal report for properties estimated in excess of $100,000 in value. The Clerk shall only accept offers for purchase within 10% of the appraised price as a minimum accepted price unless otherwise provided below. (b) Sealed Bid Process. All properties not approved for listing or negotiated sale shall be subject to a sealed bid process. The following notification procedure shall be utilized: (1) A notice of the City's intent to dispose of the property in question - shall be conspicuously posted on the property no less than two weeks prior to the date set for final bid submittals. Similar notice shall be posted at City Hall. (2) Properly subject to sale shall be advertised in the real estate section of the Brernerton Sun at least once for four consecutive weeks preceding the final day for submitting sealed bids. (3) Notice and ads shall include a description of the property, the procedure by which this property is disposed of, deposits which must be made, the minimum price that will be accepted, and any condition of use or development imposed by the Council. Any bid that is submitted of $1,000 or less must be accompanied by a bid deposit in the form cfa cashier's check payable to the City equal to 25% of the bid amount. Where the bid amoun~ exceeds $1,000, the bid deposit shall be 10% of the bid. It shall be the obligation of the successful bidder to pay the full purchase price within 30 days from the date of the bid aware, and failure to do so, shall result in forfeiture of the bid deposit to the City as liquidated damages. (c) Broker Listing. Where the Council finds as part of its surplus and disposition determination that the character or value cfa parcel may require marketing efforts to realize the maximum pr/ce, and that these effort~/can most economically be provided by a broker rather than City staff, Council may approve a listing agreement in lieu of sealed bids; Provided, That any agreement shall include a minimum value and minimum notice under subsections (a) and (b) above. (d) Sale to Abutting Owner. 3 REALPROP.POL If the surplus property has value only to an abutting owner because of its size, shape, topography or other restrictions, the Clerk shall accept the minimum acceptable purchase price from an abutter (or abutters); Provided: (1) An abutter is the only one that can put the property to its highest and best use in combination with the abutter's property; (2) The abutter is willing to purchase for the minimum acceptable selling price; (3) Where more than one, the abutters are agreed among themselves as to the division or allocation of the rights of ownership or have waived any preferential right of purchase offered by this policy. (e) Other Negotiated Sales. (1) In the event City Council finds that a unique character or development potential of a particular parcel of City property is such that special considerations or conditions of sale to a particular purchaser, including another public entity, create benefits to the City and the greater community which outweigh monetary return to the City, the Council may declare such parcel surplus to the City's needs and direct a negotiated sale subject to final Council approval. (2) When a potential purchaser offers property in exchange for City property which may enhance other City property or promote the needs of the City, Council may declare the subject property surplus and direct a negotiated sale subject to final approval by Council. (3) Transfers to other public entities may be at less than current market value if the Council, by resolution approved by a majority plus one vote, approves th& transfer and declares the particular City interests served thereby. (4) Sales under this section shall be negotiated by the Administrative Services Director, City Attorney and department head most directly affected by the property transaction, unless otherwise directed by the Mayor. (f) Closing. Subject to Council modification, (I) The City Attorney's Office shall prepare and handle all closing documents in regard to property sales or exchanges, including necessary legal provisions to ensure that the subject property is used or developed in a manner consistent with special considerations or conditions approved by Council; (2) All conveyances shall be by statutory warrant deed; and 4 REALPROP.POL (3) All costs exclusive of deed preparation shall be borne by the purchasers, including title insurance if desired, recordation costs, brokerage and escrow fees if applicable. 3. ACQUISITION OF PROPERTY - OFFER. The department acquiring property for a budgeted purpose shall make a written offer to acquire the property for the full amount established by appraisal or by less formal estimate of value for properties with a value below $75,000. The offer shall summarize the basis for the amount of just compensation, and benefits or damages to remaining real property shall be separately stated. If an uneconomic remnant would result fi-om acquisition, the department shall offer to acquire that remnant. An uneconomic remnant is a parcel with little or no utility or value. The City Council shall approve each real estate purchase agreement or delegate approval of agreements to the Mayor for one or a number of parcels to be acquired for a common purpose setting a limit on total compensation in advance. 4. POSSESSION AND USE. (a) No Owner shall be required to surrender possession of real property before the agreed purchase price is paid, an amount not less than the City's appraisal of the fair market value of the property is deposited with a court having jurisdiction of condemnation of such property for the immediate and unrestricted use of the owner, or the amount of the award of condemnation proceeding is paid. (b) As part of negotiations, the department may administratively extend an owner or tenant's occupancy by a short term rental of for a period subject to termination on short notice, depending on the needs of the department, for an amount not exceeding the fair rental value of the property to a short4erm occupier. 5. REI.OCATION. The construction or development of a public improvement shall be so scheduled that, to the greatest extent practicable, no person lawfully occupying real property shall be required to move from a dwelling or business without at least ninety days written notice of the date such move is required. The City hereby elects not to apply the provisions of RCW 8.26.035 through 8.26.][ 15 when acquiring property as part of a program or project unless required by federal financial assistance. 6. EXPENSES OF TRANSFER. As soon as practicable after the date of payment of the purchase price or the date of deposit in court of funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, the department shall reimburse or pay the reasonable expenses for: 5 KEALPROP.POL (1) Recording fees, transfer taxes and similar expenses. (2) Penalty costs for full or partial prepayment of any preexisting recorded mortgage. (3) The pro rata portion of real property taxes paid which are allocable to a period subsequent to the date of vesting title in the City. 7. EFFECT ON VOLUNTARY SALES. Sections .040 through .070 of this chapter shall not apply to voluntary sales negotiated following an offer from the City or the owner where the City has not expressly stated in writing its intent to acquire the particular parcel by condemnation. 6 I~ALPROP.I~OL INDEX EFFECTIVE DATE: 06/07/94 Real Property/Assets APPROVED 1-20-04 REVISED DATE: ~ gl. ~ POLICY The City of Bremerton owns numerous residential and commercial facilities and properties. Those facilities and properties leased to outside parties are managed by the Administrative Services Director and the Director of Public Works and Utilities. PROCEDURE The Mayor shall have authority to enter into lease and rental agreements in an amount not to exceed $10,000 per year and/or two years in length. Non-profit agencies requesting to lease a facility at less than market rate and on a month to month tenancy shall be approved administratively only for such period of time that a market rate tenant is not available. At such time as a tenant becomes available, the non-profit agency shall be given notice to vacate. Leases at less than market rate for any length of time beyond a monthly tenancy shall be presented to the City Council for approval. An annual review of Bremerton market rates for similar commercial and residential facilities shall be' conducted by the Administrative Services Director. In addition to the annual review, the negotiation of a major lease agreement shall trigger a review. 1 RENTAL~LEASES.POL DATE SUBMITTED: 3/24/04 BILL # 0~/o 0~ AGENDA BILL CITY OF BREMERTON 7 D CITY COUNCIL SUBorECT: PUBLIC HEAR1NG AND Committee Meeting Date: ~ tt~-(a-~q- RESOLUTION ON SURPLUS AND COUNCIL MEETING Date: 4/14/04 LEASE OF UTILITY LAND TO OWNERS Department: Finance / PW&U OF ELANDAN GARDENS Presenter: M Wilson & P Lucas Phone: 473-5590 SUMMARY The City has received an offer from Dan and diane Robinson, owners of Elandan Gardens, to continue to lease the utility property. The property is not currently used for public utility service nor will it be required for providing utility service in the future. The City and greater community would be better served by the lease of the property. The lease is for a term of 1 ~ years, ATTACHMENTS: Proposed Resolution with exhibits FISCAL IMPACTS (Include Budgeted Amount) Proposed Lease amount is $400 per month plus 12.84% leasehold tax to total $451 per ~onth. Rent is subject to annual. CPI adjustment. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: ~,~'"~'~ ~- ~----~-~c~'''''~ FINANCE DIRECTOR: . MAYOR: FISCAL/BUDGET: ~ ~S~ ~CCONSENT AGENDA [] OPERATIONS: __ _ COUNCIL PRESIDENT: RECOMMENDED MOTION: [ move to pass Resolution #~ff~_a~_ declaring the public utility property surplus, approving a negotiated lease of the property pursuant to BMC 2.78.010 to Daniel and diane Robinson and authorizing the Mayor to execute any and all documents necessary to close the transaction. COUNCIL ACTION: [] Approve [] Deny [] Table [] Continue [] No Action RESOLUTION NO. ~ A RESOLUTION of the City Council of the City of Bremerton, Washington, declaring certain public utility property surplus to the City's needs and approving a negotiated lease of the property in accordance with the provisions of RCW 35.94.040 and BMC 2.78.010. WHEREAS, the City has received an offer to lease the public utility property as set forth in the lease agreement set forth in Attachment "A" and legally described in Exhibit "A" attached to the lease agreement from Daniel and diane Robinson, for $400.00 per month plus the leasehold tax of 12.84%, for a total monthly paYment of $451.36. ~i-,1o o~.,~-,i ~,ill il ..... ?~.~ ~djuztcd ;,':arl3r ~r:~:-~ '.1'i.:A,.,,, ,~£ [I,,. I,.,,,~ b,,~d m~ tl~C~ns:;mer PSce !~d.a v.. f,,~ All U/~,. WHEREAS, the City Council has determined that the property is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS, pursuant to RCW 35.94.040, a public hearing was held on Aphl 14, 2004 relating to the proposed surplus and negotiated lease of the property; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTIONL The public utility property'legally described in Exhibit "A" to Attachment "A" is hereby declared surplus to the City's needs and is not required for providing continued public utility service. SECTION2. The lease of the above-mentioned property creates a benefit to the City and the greater community and therefore a negotiated lease is hereby authorized pursuant to BMC 2.78.010 and. SECTION3. The Mayor is hereby authorized to finalize and execute a lease agreement with substantially the same terms and conditions as set forth in the proposed agreement attached as Exhibit A, authorizing the lease of the property to Daniel and diane Robinson, for $400.00 per month plus the leasehold tax of 12.84%, for a total monthly paYment of $451.36. SECTION 4. The Mayor is further authorized to execute any and all other documents necessary to complete the transaction. SECTION 5. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not Surplus and Lease of Public Utility Property affect the validity of the remaining portion of tkis Resolution and the same shall remain in full force and effect. SECTION 6. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this __ day of ,2004. DAREN NYGREN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Interim City Clerk Surplus and Lease of Public Utility Property LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease") is between the CITY of BREMERTON, a municipal corporation of the State of Washington, with offices located at 239 Fourth Street, Bremerton, Washington 98337 (hereinafter "City"), and Daniel Robinson and diane Robinson, husband and wife (hereinafter "Lessee"). RECITALS WHEREAS, the City now owns certain land which Lessee has been leasing since August 1991; and WHEREAS, it is the parties' desire to enter into a fifteen (15) year lease to allow Lessee to continue to carry on its business; and NOW, THEREFORE, the City and Lessee agree as follows: AGREEMENT 1. PROPERTY. 1.1 Property Defined. The City leases to Lessee and Lessee leases from the City the real property described in Exhibit A, attached hereto and incorporated herein by this reference, together with all the rights of the City, if any, to improvements on and easements benefiting the property but subject to the exceptions and restrictions'set forth in this Lease (collectively the "Property" or "Leased Property"). 1.2 Survey, Maps, and Plans. Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City. 1.3 Inspection. The City makes no representation regarding the condition of the Property, or the improvements located on the Property. 2. USE. 2.1 Permitted Use. Lessee shall use the Property for a retail garden center and tourist attraction (the "Permitted Use") and for no other business or purpose, without the prior written consent of the City. The Property shall not be used for illegal purposes. It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site. 2.2 Restrictions on Use. Lessee shall not cause or permit any damage to natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling activity to occur on the Property without required permits. This requirement may pertain to moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other matter in or Lease Agreement - 1 (Beiween Cily of Bremerton and Daniel and diane Robinson) { [ I on the Property, except as is permitted herein and performed in the ordinary course of the business of Lessee's greenhouse business and except as otherwise approved in writing by the City. If Lessee fails to comply with ali or any of the restrictions on the use of the Property set out in this Subsection 2.2, the City shall notify Lessee and provide Lessee a reasonable deadline to take all steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon demand by the City, Lessee shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Lessee's liability under Section 8, below. The covenants contained in Section 2.2 shall survive expiration or termination of this Lease.. 2.3 Conformance with Laws. Lessee shall, at ail times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. 2.4 Liens and Encumbrances. Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. 3. TERM. 3.1 Term Defined. The term of this Lease is fifteen (15) years (the "Term"), beginning on the 1st day of May, 2004 (the "Commencement Date"), and ending on the 30th day of April, 2019 (the "Termination Date"), unless terminated sooner under the terms of this Lease. 3.2 Option to Extend. Lessee shall have the option of extending this lease for up to 4additional 5 year terms upon delivering written notice to the City sixty (60) days prior to the expiration of the term subject to the City and Lessee mutually agreeing upon a new lease payment for each option. If this option is exercised, the Lessee and the City shall each g~fm the additional right to terminate the extended portion of the lease as provided for in Section 3.3(a) of this agreement. 3.3 Right to Terminate Early. (a) If Lessee exercises its option to extend the lease under section 3.2, the parties shall have the following additional rights under this agreement. Lessee shall have the right to terminate the lease at any time during the lease option term'upon giving the City one year prior written notice of termination. If the City determines that the Property is once again needed for Utility or other City purposes, the City may terminate the lease, without cost or penalties, at any time during the lease option term upon giving the Lessee one year prior written notice of termination. (b) If, however, during the initial fifteen (15) year term or any lease option term of this lease, the City is required to perform remediation on the Property by any state or federal agency, then the City may terminate this lease upon giving the Lessee one year prior written notice of termination. In the event the city needs to obtain access to the Property during the notice period to perform remediation, the Lessee will cooperate with the City to allow access that does not unreasonably interfere with Lessee'.s use of the Property. 3.4 End of Term. Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City in the same or better condition as existed-on Lease Agreement ~ 2 (Between City of Bremerton and Daniel and diane Robinson) August 1991, the date Lessee originally took possession of the property, reasonable wear and tear excepted. 3.5 Hold Over. If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Tenn. The occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law. 4. LEASE PAYMENT. 4.1 Monthly Payment. During the initial fifteen (15) year term of this lease, Lessee shall pay to the City a monthly payment of Four Hundred Dollars ($400.00), plus the leasehold tax of 12.84 percent as set forth in Section 5 for a total monthly payment of $451.36 ("Lease Payment"). The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due and payable on or before the same day of each month thereafter. 4.2 Payment Place. Payment is to be made to the City of Bremerton, Attn: Finance Director, 239 Fourth Street, Bremerton, Washington 98337. 5. OTHER EXPENSES. During the Term, Lessee shall pay the following additional expenses: 5.1 Utilities. Lessee shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, stormwater, water, gas, and telephone service. 5.2 Taxes and Assessments. Lessee shall pay all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or Lessee's use and enjoyment of the Property. 5.3 Right to Contest. Lessee may, in good faith, contest through any established appeal process or similar procedure any tax or assessment at its sole cost and expense. At the request of the City, Lessee shall furnish reasonable protection in the form of a bond or other security, satisfactory to the City, against any loss or liability by reason of such contest. 5.4 Proof of Payment. Lessee shall, if required by the City, furnish to the City receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 5.5 Failure to Pay. If Lessee fails to pay any of the amounts due under this Lease, the City may pay the amount due, and recover its cost in accordance with the provisions of Section 6, unless Lessee has contested any amount due pursuant to Section 5.3 above. Lease Agreement - 3 (Between City of Bremerton and Daniel and diane Robinson) 6. LATE PAYMENTS AND OTHER CHARGES. 6.1 Late Charge. If any rental payment is not received by the City within ten (10) days of the date due, Lessee shall pay to the City a late charge equal to four percent (4%) of the amount of the lease to defray the overhead expenses of the City incident to the delay. 6.2 Interest Penalty for Past Due Lease Payments and Other Sums Owed. If a Lease Payment is not paid within thirty (30) days of the date due, then Lessee shall, in addition to paying the late charges determined under Subsection 6.1, above, pay interest on the amount outstanding at the rate of one percent (1%) per month until paid. If the City pays or advances any amounts for or on behalf of Lessee, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Section 2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Lessee shall reimburse the City for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1%) per month from the date the City notifies Lessee of the payment or advance unless Lessee has contested any amount due pursuant to Section 5.3 above. 6.3 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Lessee pursuant to this Lease shall be paid without the requirement that the City provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. 7. IMPROVEMENTS. 7.1 Lessee-Owned Improvements. So long as this Lease remains in effect, Lessee shall retain ownership of all Existing Improvements and all authorized improvements and trade fixtures it may .place on the Property (collectively "Lessee-Owned Improvements"). Lessee- Owned Improvements shall not include any constructidn, reconstruction, alteration, or addition to the Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined in Subsection 7.4 below. No Lessee-Owned Improvements shall be placed on the Property without the City's prior written consent. 7.2 Construction. Prior to Lessee commencing any construction, alteration, replacement, removal or major repair of any improvements (whether City-Owned or Lessee- Owned), Lessee shall submit to the City plans and specifications which describe the proposed activity. Construction shall not commence until the City has approved those plans and specifications in writing and Lessee has obtained a performance and payment bond in an amount equal to 100% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. The City shall have thirty (30) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the City with as-built plans and specifications. The City's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Lessee pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Lease Agreement - 4 (Between Ciiy of Bremerton and Daniel and diane Robinson) { ~ [~ Property. The provisions of this section do not obviate any permit requirements that may apply to the proposed activity. 7.3 Removal. Unless otherwise agreed by the City in writing, Lessee-Owned Improvements shall be removed by Lessee by the Termination Date. If the Lessee-Owned Improvements remain on the Property after the Termination Date, they shall become the property of the City without payment by the City. 7.4 Unauthorized Improvements. Improvements made on the Property without the City's prior consent pursuant to Subsection 7.2 or which are not in conformance with the plans submitted to and approved by the City ("Unauthorized Improvements") shall immediately become the property of the City, unless the City elects otherwise. Regardless of ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever, remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee for the cost of removal and disposal. 8. HAZARDOUS SUBSTANCES - INDEMNITY. 8.1 Except as limited by 8.2 below, City shall indemnify and hold harmless Lessee from and against any and all claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses of which accrue to or are incurred by Lessee directly or indirectly, from or out of, the discovery or cleanup of hazardous substances on the property which pre-exist this lease. 8.2 Upon discovery of any hazardous substance on the Property, Lessee shall promptly notify the City. 8.3 City shall have the option to terminate this lease upon thirty (30) days written notice to Lessee, if cleanup of a hazardous substance from the site can be avoided by nonuse of the Property, or if cleanup would interfere with Lessee's use of the Property so as to incur additional cost under subparagraph 8.1. 8.4 Lessee shall indemnify and hold harmless the City fi'om and against any and ali claims, demands, damages, losses, liens, liabilities, penalties, fines, lawsuits, and costs and expenses which accrue to or are incurred by the City which arise directly or indirectly from the discovery or cleanup of hazardous substances from the premises which are deposited on the Property during the term of this lease. 8.5 Hazardous substance shall mean any waste or material defined or designated as hazardous, toxic or dangerous by any federal, state or local statute, regulation or ordinance presently in effect or adopted during the term of this lease. 9. ASSIGNMENT AND SUBLETTING. 9.1 City Consent Required. Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent, which may not be unreasonably withheld by the City. In the event of such consent, each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Lessee. Lease Agreement - 5 (Between City of Bremerton and Daniel and diane Robinson) [ ] ~ 9.2 Rent Payments Following Assignment. The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 10. INDEMNITY. 10.1 The City shall not be liable tbr any injury to any person or for any loss of or damage to any property (including property of Lessee) occurring in or about the leased Property or the buildings thereon and caused by or resulting from any act or omission by Lessee any officer, agent, employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and covenants to indemnify, defend, and hold harmless the City and those persons who were, now are, or shall be duly elected or appointed officials or members or employees or agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments of whatsoever kind or nature whether to persons or property, to the extent arising on said Property, in or on said building(s), or on any areas adjoining the same, which is under the control or use of Lessee pursuant to this lease and arising out of or in connection with Lessee's use and occupancy of said Property. City agrees and covenants to indemnify, defend, and hold harmless the Lessee, its officers, employees, and agents thereof, against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgment of whatsoever kind or nature whether to persons or property, arising out of or in connection with the City's negligence in its performance under this Agreement. 10.2 Should a court of competent jurisdiction determine that this Lease 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 Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE iNDEMNIFICATION PROVIDED HEREiN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER iNDUSTRIAL INSURANCE, TITLE 51~ RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions of Section 10 shall survive the expiration or termination of this Lease. 11. INSURANCE. 11.1 General Commercial Liability Insurance. Lessee agrees to procure and maintain in force during the term of this Lease and any extension thereof, at its expense, general commercial general liability insurance. This insurance shall be adequate to protect against liability for damage claims through public use of or from accidents or other liability arising out of Lessee's use or occupancy of the Property and buildings thereon. This insurance shall be in a minimum amount of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage which may be covered under a blanket policy. Lessee agrees that, if such insurance policies are not kept in force during the term of this Lease and any extension thereof, the City may procure the necessary insurance, pay the premium therefor, and that such premium shall be repaid to the City on demand. The City shall be named Lease Agreement ~ 6 (Between City of Bremerton and Daniel and diane Robinson) as an additional insured as to liability arising out of the Property and buildings thereon and the insurance of Lessee shall be the primary insurance as to said liability. 11.2 Certificate of Insurance. Lessee shall provide to the City documentary evidence, certified by the insurer, of all insurance(s) required in this Lease. 11.3 Subrogation. The City shall not be liable to Lessee (by way of subrogation or otherwise) or to any insurance company insuring the other party for any loss or damage to any building, structure, or other tangible property, or any resulting loss of income, or losses under worker's compensation laws and benefits, if any such loss or damage is covered by insurance benefiting the party suffering such loss or damage or was required to be covered by insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required give notice to the insurance carrier or carders that the foregoing mutual waiver of subrogation is contained in this Lease. 12. MAINTENANCE AND REPAIR. 12.1 The City's Repairs. The City shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 12.2 Lessee's Repairs~ Alteration, Maintenance and Replacement. (a) Lessee shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition. (b) Lessee shalI, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property which may be required by any public authority. (c) All additions, repairs, alterations,'reptacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. 13. DAMAGE OR DESTRUCTION. 13.1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City. 13.2 Unless this Lease is terminated, there shall be no abatement or reduction in rent due to any damage or destruction of the Property. 14. DEFAULT AND REMEDIES. 14.1 Acts Constituting Default. Lessee shall be in default of this Lease on the occurrence of any of the following: (a) Failure to pay Rent or other expenses when due; (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 14.2 below; or Lease Agreement - 7 (Be;ween Ciiy of Bremerto. and Daniel and diane Robinson) (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property. 14.2 Failure to Cure. A default shall become an event of default ("Event of Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default 14.3 City's Remedies Upon Default. Upon an Event of Default, the City may terminate this Lease and remove Lessee by summary proceedings or otherwise. The City may also, without terminating this Lease, relet the Property on any terms and conditions as the City in its sole discretion may decide are appropriate. If the City elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Lessee to the City; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be ~held by the City and applied to Lessee's future rent as it becomes due. Lessee shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. The City's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless the City gives a written notice of termination to Lessee or termination is decreed by legal proceedings. The City may at any time after reletting elect to terminate this Lease for the previous Event of Default. 15. ENTRY BY THE CITY. The City shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease upon twenty-four (24) hours notice. The City and/or City's agents shall comply with all of Lessee's work safety rules and restrictions, including but not limited to following Lessee's warning instructions and, without prior approval of the Lessee, keep out of restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous substance exposures on the Property. 16. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: The City: Director of Public Works and Utilities City of Bremerton 239 Fourth Street Bremerton, Washington 98337 Lessee: Daniel and diane Robinson Elandan Gardens 3050 W. State Highway 16 Bremerton, WA 98312 Lease Agreement - 8 (Between City of Breraerton and Daniel and diane Robinson) I [ ~ A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. 17. MISCELLANEOUS. 17.1 Authority. Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so. 17.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 17.3 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 17.4 Waiver. The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 17.5 Cumulative Remedies. The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise. 17.6 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 17.7 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 17.8 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap County, Washington. 17.9 Modification. Any modification of this Lease must be in writing and signed by the parties. The City shall not be bound by any oral representations or statements. 17. l0 Survival of Covenants. The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods. 17.11 Quiet Enjoyment. The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns. City will use its best effbrts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease. 17.12 Recording of Short Form Lease. Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either Lease Agreement - 9 (Between City of Bremerton and Daniel and diane Robinson) [ [ q party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded. 17.13. Duplicate Originals. This Lease Agreement may be executed in duplicate originals. TillS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. CITY OF BREMERTON Daniel Robinson By: Cary Bozeman Date: Its: Mayor Date: diane Robinson Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Cary Bozeman is the person who appeared before me, and acknowledged that he signed this instnnnent, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / Lease Agreement - 10 (Between City of Bremerton and Daniel and diane Robinson) STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Daniel Robinson is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of _, 2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / STATE OF WASHINGTON ) )§ COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that diane Robinson is the person who appeared before me, and acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WlTNESSETH my hand and seal this day of ,2004. NOTARY PUBLIC in and for the State of Washington, residing at My commission expires / / Lease Agreement - 1 I (Between City of Bremerton and Daniel and diane Robinsonj Sec'Ilon ~,~ Town~Izlp_~4 ~ Range I ~^~ I ,' ~ ~,~ ~,~' Tax Description Tax Account No. Process No. Situs Address ~332401-3-016-2004 ]11170430 Il 33241E TDLDS FRTG GOVT LOT 4 LY S OF BDRY TRACT 1 VAC STATE OYSTER RESV ( BUILDING ONLY VALUE CARRIED UNDER ACCOUNT NO. 332401-3-