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HomeMy WebLinkAbout04/26/2006 AGENDA '.I FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280 ***AMENDED*** APRIL 26,2006 CITY COUNCIL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in MEETING CHAMBERS lOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. PUBLIC RECOGNITION & ANNOUNCEMENTS 4. CONSENT AGENDA A. Claims & Check Register (#AB06-087) B. Approve the hiring of Wyn Birkenthal as new Director of Parks & Recreation above Rate 1 of the "2006 Management Salary Plan"; and to confirm his appointment (#AB06-088) 5. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING CITY COUNCIL STUDY SESSION Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE ROOM 603 to hear presentations on the following items. Please note th,atno action will be taken, and the content of these items is subject to change... 1. Proposed ordinance repealing Chapter 2.11 of the Bremerton Municipal Code entitled "Traffic Safety Commission" - Peggy Lesser, Financial Services 2. Service Agreement with QWEST to provide DS1 Service to Listed City Facilities - Bob Tulp, Public Works, Electronics 3. First Amended Concession Agreement between the City of Bremerton and OLYMPIC SOCCER & SPORTS CENTER, LLC - Roger Lubovich, City Attorney 4. Information Only- Briefing on Collection of Outstanding B & 0 Taxes and Business Licenses - Ken Bagwell, Assistant City Attorney 5. 2006 Budget Amendments for 2005 Capital Carry Forward Items - Laura Lyon, Financial Services 6. Proposed Ordinance updating references to the Zoning Code in Chapter 2.13 and Rate Table C of Chapter 3.01 of the Bremerton Municipal Code - Roger Lubovich, City Attorney 7. Approval of CDBG Program Administrator at Band 11, Rate 4 of the "2006 Professional, Confidential & Fiduciary Pay Plan" - Chris Hugo and Andrea Spencer of the Community Development Department 8. Proposed Public Hearing and ordinance amending several sections the Zoning Code, Title 20 of the Bremerton Municipal Code - Nicole Ward, Community Development Department 9. Professional Services Agreement with PARAMETRIX, INC. for Port Washington Narrows Beach Sewer Boardwalk and Evergreen Park Expansion Project - Phil Williams, Public Works rI Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting. /},r / r) ()------; BILL# l/~ -U6 / DATE SUBMITTED: AGENDA BILL CITY OF BREMERTON CITY COUNCIL Ltl\ ......................................................................................., SUBJECT: Claim & Checks Register Approval Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: ~~ S2 to ,-() 0 Financial Services Cathy Johnson SUMMARY: ATT ACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: I CONSENT AGENDA IZI \ FISCAL/BUDGET: OPERA nONS: COUNCIL PRESIDENT: ~M;/~S;;~--rr?~ RECOMMENDED MOTION: Move to approve: 1) Cbeck#'s 3()7%/ - 3()'K()..~ EFT's ()9'5~- ??~0' r9W0-??~9 ~9'{oS-f 2) Regular Payroll for If -I <:) - () (p $ -0 7 ?-:< / ? o. ~ S- $ &! 3 S--/O" 9;;(. 3) Retiree Payroll for $ COUNCIL ACTION: rLprove o Deny 0 Table o Continue 0 No Action DATE SUBMITTED: 4-13-06 . BILL # CIT~~~~~~~~~ON ~O~ .. oB a .....................................~~~:.~~~s~~............................~~, SUBJECT: Approval to hire a new Parks & Recreation Director above Step 1 of the pay band and to confirm his appointment to the position. Committee Meeting Date: Pre-Council 4/19/06 COUNCIL MEETING Date: 4/26/06 Department: Executive Presenter: Mayor Bozeman Phone: 473-5266 SUMMARY: BMC Chapter 2.50, Section 2.50.032 (a) requires Council confirmation for the appointment of a Department Director and approval for an initial salary rate which exceeds Rate ]. Council confirmation and approval is requested to hire WYN BIRKENTHAL as Director of Parks & Recreation at Pay Rate 8 of Band ] 9. Mr. Birkenthal's work experience spans 20+ years in the public sector, including 9 years which were with Spokane County as Director of Parks & Recreation and 6 years in his current position with the City of Richland, W A as Director of Parks & Recreation. He has been responsible for the operating budget of $5,700,000 and a $1.7 million capital improvement budget and the oversight, planning and development of a 2,500-acre park system containing 47 developed parks, 35 miles of trails, 1,800 acres of natural area and recreation facilities including swimming poools, golf course, skate park, community center sports complexes and a motor sports park. Mr.Birkenthal received only the highest of recommendations from his references. A TT ACHMENTS: Resume and Memo outlining the negotiated terms of his employment with the City of Bremerton FISCAL IMPACTS (Include Budgeted Amount): Position is fully funded per approval of2006 budget. APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA ~-I RECOMMENDED MOTION: Move to confirm and approve the hiring ofWyn Birkenthal as Director of Parks & Recreation at Pay Step 8 of Band 19. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Memo To: City Council From: Cal)' E. Bozeman, Mayor Date: July 9, 2004 Re: Wyn Birkenthal Terms and Conditions of Employment The following is a listing of the terms and conditions of employment negotiated with Wyn Birkenthal to fill the position of the Director of Parks and Recreation: Position: Director Department: Parks & Recreation Effective Date: June 5, 2006 Rate of Pay: $ 4049.47 semi-monthly (Step 8, Band 19) Appointment/Removal: Mayor Supervisor: Mayor Benefits: Pursuant to BMC Chapter 2.50 except as otherwise noted. Vacation: 25 days for 2004 (pro-rated) Moving expenses: Not to exceed a maximum of $2,000 with receipt(s) required for reimbursement. Long Term Disability 100% paid for by the City . Page 1 Mr. Birkenthal will be an "at will" employee and may be terminated by the City without cause at any time with thirty (30) days notice. He may be terminated for cause, without notice, and no severance pay shall be paid. This shall constitute his terms and conditions of employment with the City and there are no other written or oral agreements that have not been set forth above or covered by Chapter 2.50 of the Bremerton Municipal Code. . Page 2 WYN BIRKE NTHAL ~l~~vvy ~w",~~"t'f~~~ .'~"\T'l~ ~'l~'n ; '-"'-'.....f? January 2000 - Present City of Rich/and Director Parks and Recreation . Responsible for the oversight, planning and development of a 2,500-acre park system containing 47 developed parks, 35 miles of trail, 1,800 acres of natural area and recreation facilities including swimming pools, golf course, skate park, community center sports complexes and motor sports park. . Guided redevelopment of 40-acre downtown riverfront park to become a community-gathering place and economic development driver. Completed master plan in 2000 with broad based public involvement process. Implemented $9.5 million of capital improvements 2001-2005 adding waterfront plaza, community center, tour boat dock, children's adventure playground and riverfront trail. . Acquired 614-acre Badger Mountain natural area in cooperation with state, county and non-profit conservation group. Land protects City's view shed and maintains traditional hiking and horseback opportunities. . Responsible for 2006 operating budget of $5,700,000 and $1,700,000 capital improvement budget. . Managed successful implementation of Internet based facility scheduling and recreation program registration. . Developed 27,000 sq. foot concrete skate park using 90% alternative funding. Local tax revenue sources in the 1.1 million skating facility were limited to $100,000. Alternative sources included state grants, corporate donations private donations and bequests. . Responsible for the 2006 update of the City's Long Range Park, Recreation and Open Space Master Plan including level of service draft, citizen survey, community meetings and adoption process. Rich/and, WA 1991-2000 Spokane County Director of Parks and Recreation II Responsible for the oversight and direction of a 6,000-acre park system, which includes 4 swimming ,pools, a Senior Citizen's Center, 38 miles of trails, 26 neighborhood, community, and regional parks and 1,500 acres of conservation land. . Administer a broad-based recreation program serving youth, adult and senior populations at 48 Park and School District sites. . Direct the preparation of park maintenance, administration, senior citizen, capital improvement, recreation and land acquisition budgets totaling 5.3 million dollars. . Responsible for long-range planning and site specific master plans for development of the entire Spokane County Park System. . Serve as secretary to the County Park Advisory Board and supervise the work of 20 full time and 90 seasonal staff. . Procured $5 Million of grant and foundation funding for park projects from 1993 to 1998 including $3 Million from Inter Agency Committee for Outdoor Recreation. Funds were used to acquire parkland and build four neighborhood/community parks. . Formed public-private partnership to plan, develop and operate an 80 acre youth sports complex. Second Phase construction is currently underway using $800,000 of funds independent of local tax sources. . Privatized management of a 200 acre County owned motor sports complex at a savings of $150,000 annually along with increased customer satisfaction & attendance. . Administer a $9 million countywide recreation and habitat land conservation acquisition program. Spokane, WA 1985 - 1991 City of Bellevue Belle vue, WA Management Assistant II Parks and Community Development Department . Responsibilities included coordinating the department's Public Information Program, and serving as staff liaison to the City Park Board including agenda item preparation and issue analysis. . Authored management plans for major Urban Park and facilities including Bellevue's Downtown Park. . Experience with print and electronic media. Developed informational materials for successful $16.5 million 1988 Park and Open Space Bond Issue. . Team leader for citywide Neighborhood Enhancement Program, which planned and completed $600,000 of local park, arterial and neighborhood entry beautification projects developed with extensive citizen input. . Principle organizer of the 1990 Washington State Recreation and Parks Association Annual Conference in Bellevue,Washington. 1984 - 1985 City of Bellevue Bellevue, WA Recreation Coordinator Parks and Community Development Department . Developed, managed and evaluated health, fitness and athletic program including: dance, aerobics, judo, karate, weight training, distance running fitness testing, and stress reduction. . Coordinated community athletic evens such as the Bellevue Triathlon, charity 1 OK and marathon races. . Hired and supervised 20 instructors at multiple locations. . Served as interim secretary to the Bellevue Arts Commission. 1983-1984 One Bellevue Center YMCA Bellevue, WA YMCA Director . Responsible for start up and administration of new YMCA Branch facility including membership development promotion, programming, fundraising campaigns. . Marketed employee health promotion programs through public speaking at downtown Bellevue corporations. . Prepared budget and revenue projections, hired, trained and supervised reception, program and maintenance staff. . Developed customer service and employee participation programs. EDUCATION University of Oregon Eugene, Oregon Bachelor of Science 1979 . University of Washington Dan Evans Public Sector -Executive Development Program 2002 . National Recreation and Parks Association Executive Development School Athens, Georgia 1989 . NRPA Park Maintenance Management School Port Townsend, WA 1992 . NRPA Marketing School for Park and Recreation Cincinnati, Ohio 1988 DATE SUBMITTED: April 18, 2006 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL I ..................................a...............................a........a............ SUBJECT: Ordinance No. repealing BMC 2.11 entitled Traffic Safety Commission Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: April 26, 2006 May 3,2006 Financial servi~A Peggy Lesser 473-5302 SUMMARY: The current provisions of Chapter 2.11 of the Bremerton Municipal Code entitled "Traffic Safety Commission" are not consistent with current practice. The proposed ordinance repeals Chapter 2.11 of the Bremerton Municipal Code. ATTACHMENTS: Proposed Ordinance FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I CONSENT AGENDA D I Move to pass Ordinance No. entitled "Traffic Safety Commission." repealing Chapter 2.11 ofthe Bremerton Municipal Code COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, repealing Chapter 2.11 of the Bremerton Municipal Code entitled "Traffic Safety Commission." WHEREAS, the current provisions of Chapter 2.11 of the Bremerton Municipal Code relating to the Traffic Safety Commission are not consistent with current practice; and WHEREAS, the City Council desires to repeal Chapter 2.11 of the Bremerton Municipal Code entitled "Traffic Safety Commission;" NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.11 of the Bremerton Municipal Code entitled "Traffic Safety Commission" is hereby repealed in its entirety as follows: Chapter 2.11 TRf..FFIC SAFETY COMMISSION 2.11.010 TR,\FFIC S.A..FETY COMJ\USSION CREATED. There is created a Traffic Safety Commission composed of a representative from the Engineering Department, Police Department, Fire Department, Planning Department, Office of Risk Management and City Attorney's Office. Four additional members shall be added to the Traffic Safety Commission to hear and consider matters exclusively relating to parking under BMC 2.11.020(d). These four members will be representatiye of the following constituencies: 1) One member will represent the Central Business District and may reside outside the City; 2) One member V/ill represent commuter interests and may reside outside the City; 3) T'.vo members will be at large Bremerton residents. 2.11.015 }..PPOINTMENT .A..ND TERlVIS OF NON STAFF J\fEMBERS. .^...ll non staff members of the commission shall be appointed by tho Mayor with the concurrence of the City Council. Two members shall be appointed for an initial one year term, one for a two year term and one for a three year term. Subsequent appointments shall be for a three year term. 2.11.020 PO'VERS AND DUTIES. The purpose of the Commission shall be to: (a) Recommend the adoption of policies and ordinances which ',vill enhance traffic safety in such areas as access control, cross',valk placement, speed limits, and traffic flow. (b) Review and provide coordinated recommendations for all major plats, rezones, and developments which will ensure safe locations for vehicle access and address traffic impacts. (c) Recommend priorities for future traffic control improvements. 1 Chapter 2.11 Repeal (d) (1) Serve as a body to hear appeals of administrative decisions regarding location of commercial or residential parking permit zones, permit issuance and revocation. (2) L^...dvise the City Engineer in the approval of parking within street planting stFipst (3) Revievl and recommend policies and ordinances regarding regulation and enforcement of public parking; and ( 1) Review and recommend development of facilities for public parking, including right of v/ay improvements '.vhich affect parking in coordination 'lIith the capital improvement plan. 2.11.030 CONDUCT OF l\fEETINCS. The Commission shall regularly meet at least monthly and shall adopt bylmvs as may be necessary and proper to conduct its business. SECTION 2. Severabilitv. If anyone 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 ofthis ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2006 CECIL McCONNELL, Council President Approved this day of ,2006 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\LEGAL\Ordinances\2.11 Traffic Safety Commission Repeal.doc 2 Chapter 2.11 Repeal DATE SUBMITTED: November 1,2005 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL :t ........................................................................................ SUBJECT: Service agreement with Qwest to provide DS 1 service to listed city facilities. Committee Meeting Date: April 26, 2006 COUNCIL MEETING Date: May 3, 2006 Department: PW &U, Electronics Presenter: Bob Tulp Phone: 473-5357 SUMMARY: Staff recommends renewal of the existing service agreement with Qwest for DS 1 service for 3 circuits located at 100 Oyster Bay Ave North (PW&U), 1600 Oyster Bay West (WWTP), and 680 Lebo Ave (Parks). Staff is also recommending extension of the existing agreement with Qwest to incorporate current contract pricing for the existing Qwest line located at 3027 Olympus (PW &U) and a new line to the Gold Mt. Golf Club (GMGC). Contract pricing for the Olympus Facility will save approx. $500 in2006 ($63/mo. For 8 months). The new line to the GMGC, based on current contract prices, will save that facility approx. $700/mo. ($8,400/yr) compared to their existing month-to-month leased lines. The Qwest non-recurring charge to install the new line to GMGC is $680. This conversion also requires installation of new phones at GMGC at a one-time cost of approximately $6,000. A TT ACHMENTS.: Service Agreement FISCAL IMP ACTS Each user department budgets for their own phone service requirements. There will be no change in cost for the three lines currently under contract. The two lines being converted from month-to-month service to contract pricing will save money as noted in the summary. FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I RECOMMENDED MOTION: Move to approve service agreements with Qwest and authorize the Mayor to finalize and execute the necessary documents. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action Agreement Number: WA54580 Billing Number: 206T310615376 206T617639134 206T316322542 206T416021304 New TBA QWEST NETWORK SERVICE AGREEMENT QWEST DS1 SERVICE Intrastate This Owest Corporation Intrastate OS1 Service Agreement ("Agreement") is between CITY OF BREMERTON ("Customer") and Qwest Corporation, ("Qwest") and is effective on the date Owest signs it ("Effective Date"). Owest will provide, and Customer will purchase, Qwest Intrastate OS1 Service provided under this Agreement ("Service"). Any Owest tariff, price list, price schedule, administrative guideline, and/or catalog (hereinafter, whether individually or together, "Tariff") applicable to the Service is incorporated into the Agreement by reference and made a part of the Agreement. The Service will be governed by: (a) the Tariff applicable to the Service; and (b) to the extent a comparable Tariff term or condition does not apply to the Service, the terms and conditions set forth in this Agreement. In the event of a conflict in any term or condition of any documents that govern the provision of the Service hereunder, the following order of precedence will apply in descending order of control: the Tariff, this Agreement, and Owest records. 1. Description of Service. 1.1 Owest will provide Service up to the Standard Network Interface ("SNI") at Customer's premises. The SNI is that location where Qwest's protected network facilities end and Customer's inside wiring or network begins. 1.2 Service provides for the two-way transmission of 1.544 Megabits per second ("Mbit/s") on a point-to-point basis only. Service may be provisioned on copper, fiber, or other suitable facilities, at Qwest's discretion, and it may be used for the transmission of voice, data, and/or video signals. Service is available between: (a) two customer-designated premises; (b) a customer-designated premises and a Owest serving wire center; or (c) Owest serving wire centers. When Service is requested between two Qwest serving wire centers, Central Office Multiplexers ("COMs") must also be ordered for each serving wire center of the OS1 circuit, and Private Line Transport service must be ordered to connect each COM to the Customer's premises. 1.3 Customer understands and agrees that Owest supplies Service as an intrastate, intraLATA telecommunications service, as defined by State and/or Federal Communications Commission ("F.C.C.") regulations, which are incorporated herein by this reference. It is Customer's responsibility to ensure that Customer uses Service as an intrastate, intraLATA telecommunications service consistent with such regulations. F.C.C. regulationspermit interstate usage of Service if such usage does not exceed 10% of the total usage. If Customer should use this Service for any other purpose, or if interstate usage exceeds 10%, it is Customer's responsibility to immediately notify Owest of such use and to place an order for appropriate service. Owest will bill, and Customer will promptly pay, appropriate monthly recurring charges, for such use of and changes to Customer's telecommunications service including, but not limited to all applicable Owest Access Tariff F.C.C. NO.1 interstate access charges or intrastate Tariff access charges. 2. Term. 2.1 This Agreement will commence on the date on which Owest signs it, following Customer's execution of this Agreement ("Effective Date"), and it expires 60 rflonths from the date Service is available to Customer, as evidenced by Qwest records ("Initial Term"). After the expiration of the Initial Term, this Agreement will continue automatically on a month-to-month basis unless a party notifies the other party in writing of its desire not to renew this Agreement at least 60 calendar days, and no more than 120 calendar days, prior to the end of the Initial Term. After the Initial Term, either party may terminate this Agreement upon 30 calendar days prior written notice. The Initial Term and any month-to-month period thereafter will be collectively referred to as the "Term." 2.2 After the Initial Term, Customer will pay for Service at Qwest's then-current rates. Owest will inform Customer of its then-current rates for Service upon written request. 3. Service Ordered. 3.1 Customer orders and Owest will supply Service as follows. No. of Circuits Address of Circuit Location 1 Address of Circuit Location 2 5 2394 M, BREMERTON 100 OYSTER BAY N, BREMERTON 680 LEBO BV, BREMERTON 1600 OYSTER BAY A V W, BREMERTON 3027 OL YMPUS DR NE, BREMERTON 5572 IMPERIAL WAY, BREMERTON 3.2 Owest will notify Customer of the date Service ordered is available to Customer under this Agreement. In the event Customer is unable or unwilling to accept service at such time, the subject Service will be held available for Customer for a period not to exceed 30 business days from such date ("Grace Period"). If after this Grace Period, Customer still has not accepted Service Owest may, at its sole discretion, after consultation with Customer either: (a) commence with regular monthly billing for the subject Service; or (b) cancel. If Customer: (c) cancels an order for Service prior to the date Service is available for use; or (d) is unable to accept Service during the Grace Period and Qwest cancels the Service at the end of the Grace Period, Qwest may charge Customer for any costs incurred by Owest related to the provisioning of Service up through the date Service was made available to Customer. 4. Payment. Customer must pay Owest all charges by the.payment due date on the invoice. Any amount not paid when due will be subject to a late charge as specified by the Tariff, or if there is no such late charge specified in the Tariff, the amount due will be subject to late interest at the lesser of the rate of 11'2% per month or the highest rate permitted by applicable law. Customer must also pay Owest any applicable Taxes assessed in connection with Customer's Service. "Taxes" means federal, state and local taxes, DS11ntrastate Page 1 CONFIDENTIAL Copyright @ 2005 Owest. All Rights Reserved. v1.102105 surcharges, and other similar charges. Qwest may reasonably modify the payment terms or require other assurance of payment based on Customer's payment history or a material and adverse change in Customer's financial condition. Customer will pay those charges listed below. The charges for Services under this Agreement, including any and all discounts to which Customer may be entitled, will be offered and charged to Customer independently from, and regardless of, Customer's purchase of any customer premises equipment or enhanced services from Qwest. Total Monthly Recurring Charge ("MRC"): Total Nonrecurring Charge ("NRC"): $1187.94 $680.00 5. Changes to Service. Pursuant to the applicable Tariff, if any, Customer may move the physical location of all or part of the Service to another location within the same Qwest intrastate, intraLATA serving area, including within a building or among buildings. Customer will pay all of the then-current installation and other charges for any such move. 6. Termination. 6.1 Either party may terminate Service and/or this Agreement in accordance with the applicable Tariff or for Cause. "Cause" means the failure of a party to perform a material obligation under this Agreement, which failure is not remedied: (a) in the event of a payment default by Customer, within five days of separate written notice from Qwest notifying Customer of such default (unless a different notice period is specified in the Tariff); or (b) in the event of any other material breach, within 30 days of written notice (unless a different notice period is specified in the Tariff or this Agreement). Customer will remain liable for charges accrued but unpaid as of the termination date. If, prior to the conclusion of the Term, Service is terminated either by Qwest for Cause or by Customer for any reason other than Cause, then Customer will also be liable for a termination charge "Termination Charge" of: (a) If during the first 12 months of Service ("Minimum Service Period"), Customer will pay all accrued and unpaid charges for Service provided through the effective date of such termination plus a Termination Charge of 100% of the MRCs for the terminated Service (or any fraction thereof), multiplied by the number of months, or portion thereof, remaining in the Minimum Service Period, plus 40% of the MRCs for the terminated Service (or any fraction thereof), multiplied by the number of months after the Minimum Service Period remaining in the Initial Term. (b) If after the Minimum Service Period, Customer will pay for all accrued and unpaid charges for Services provided through the effective date of such termination plus a Termination Charge of 40% of the MRCs for the terminated Service (or any fraction thereof), multiplied by the number of months, or portion thereof, remaining in the Initial Term. 6.2 A Termination Charge will be waived when all of the following conditions are met: (a) Customer discontinues Service and signs a new service agreement(s) for any other Qwest-provided service(s); (b) the new service agreement(s) have a total value equal to or greater than 115% of the remaining prorated value of the existing agreement(s) (excluding any special construction charges, applicable nonrecurring charges, or previously billed but unpaid recurring and/or nonrecurring charges); (c) Customer places the orders to discontinue Service and establish new service at the same time; and (d) a new minimum service period goes into effect when the new service agreement term begins. The waiver does not apply to changes between regulated and unregulated or enhanced products and services. 6.3 Qwest may: (a) immediately suspend all or any part of the Service; and/or (b) terminate this Agreement (effective after the applicable notice period): (i) for Cause (as defined herein); or (ii) upon written notice if Customer becomes or is declared insolvent or bankrupt or is the subject of any proceedings related to its liquidation, insolvency or for the appointment of a receiver or similar officer for it. 7. Interruptions to Service. Tariff specifies the credit allowance due Customer, if any, for interruptions to Service which are not caused by Customer. In the absence of a Tariff, the provisions of Qwest's F.C.C.1 Access Service Tariff will apply with respect to any credit allowance due Customer for interruptions to Service. 8. Disclaimer Of Warranties. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO ADVICE OR INFORMATION GIVEN BY QWEST, ITS AFFILIATES, AGENTS, OR CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WILL CREATE ANY WARRANTY. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR USE OF THE SERVICE. 9. Limitation of Liability. NEITHER PARTY, ITS AFFILIATES OR CONTRACTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY LOST PROFITS OR REVENUES OR LOST DATA OR COSTS OF COVER RELATING TO THE SERVICES OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS ASSERTED. CUSTOMER'S EXCLUSIVE REMEDIES FOR ANY AND ALL CLAIMS RELATED TO THE SERVICE WILL BE LIMITED TO: (A) THOSE REMEDIES SET FORTH IN THE INTERRUPTIONS TO SERVICE SECTION; OR (B) IF SUCH SECTION DOES NOT APPLY, THE TOTAL MRCS PAID, OR PAYABLE, BY CUSTOMER TO QWEST FOR SERVICE IN THE MONTH IMMEDIATELY PRECEDING THE OCCURRENCE OF THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE LIMITATION OF LIABILITY IN THIS SECTION WILL NOT APPLY TO CUSTOMER'S PAYMENT AND INDEMNIFICATION OBLIGATIONS. 10. Indemnification. Customer will defend and indemnify Qwest, its Affiliates, agents, and contractors against all third party claims, liabilities, costs, and expenses, including reasonable attorneys' fees, arising from or related to the use, modification, or resale of the Service by Customer or End Users. "End Users" means Customer's members, end users, customers, or any other third parties who utilize or access the Service or the Qwest network via the Service provided hereunder. "Affiliate" means any entity controlled by, controlling,or under common control with a party. 11. Confidentiality; Publicity. Neither party will, without the prior written consent of the other party: (a) issue any public announcement regarding, or make any other disclosure of the terms of, the Agreement or use the name or marks of the other party or DS11ntrastate Page 2 Copyright @ 2005 Qwest. All Rights Reserved. CONFIDENTIAL - -vUQ2105 its Affiliates; or (b) disclose or use (except as expressly permitted by, or required to achieve the purposes of, the Agreement) the Confidential Information of the other party. Such consent may only be given on behalf of Owest by its Legal Department. A party may disclose Confidential Information if required to do so by a governmental agency, by operation of law, or if necessary in any proceeding to establish rights or obligations under the Agreement, provided that the disclosing party gives the non-disclosing party reasonable prior written notice. "Confidential Information" means any information that is not generally available to the public, whether of a technical, business or other nature and that: (c) the receiving party knows or has reason to know is confidential, proprietary or trade secret information of the disclosing party; and/or (d) is of such a nature that the receiving party should reasonably understand that the disclosing' party desires to protect such information against unrestricted disclosure. Confidential Information will not include information that is in the public domain through no breach of this Agreement by the receiving party or is already known or is independently developed by the receiving party. 12. Dispute Resolution; Governing Law. The Agreement and the parties' actions under the Agreement will comply with all applicable federal, state, and local laws, rules, regulations, court orders, and governmental agency orders. Any dispute arising out of, or relating to, the Agreement will be settled by arbitration to be conducted in accordance with the Judicial Arbitration and Mediation Services ("JAMS") Comprehensive Arbitration Rules. The Federal Arbitration Act, 9 U.S.C. Sections 1-16, not state law, will govern the arbitrability of disputes. The Agreement will otherwise be governed by the laws of the state where Service is provided, without regard to its choice of law principles. The costs of the arbitration, including the arbitrator's fees, will be shared equally by the parties; provided, however, that each party will bear the cost of preparing and presenting its own claims and/or defenses (including its own attorneys' fees). The venue for arbitration will be designated by the party not initiating the action with the exception of any billing collection disputes, which will be conducted in a location designated by Owest or Denver, Colorado. The venue location designated must be in a metropolitan area in which JAMS offers its dispute resolution services. A single arbitrator engaged in the practice of law, who is knowledgeable about the subject matter of the Agreement, will conduct the arbitration. The arbitrator is bound to apply and enforce the terms of the Agreement. The arbitrator's decision will be final, binding, and enforceable in a court of competent jurisdiction. If a party is required to enforce compliance with this Section (including nonpayment of an award), then the noncomplying party must reimburse all of the costs and expenses incurred by the party seeking such enforcement (including reasonable attorneys' fees). This provision is not intended to deprive a small claims court or state agency of lawful jurisdiction that would otherwise exist over a claim or controversy between the parties. 13. Notices. Except as otherwise provided herein, all required notices must be in writing and sent to Owest at 1801 California Street, Suite 900, Denver, Colorado 80202; Facsimile #: (888) 778-0054; Attn.: Legal Department, and to Customer at its then current address as reflected in Owest's records; Attn.: General Counselor other person designated for notices. Except as otherwise provided herein, all notices will be deemed given: (a) when delivered in person to the recipient named above; (b) three business days after delivered via regular U.S. Mail; (c) when delivered via overnight courier mail; or (d) when delivered by facsimile so long as duplicate notification is also sent in the manner set forth in subsection (b). 14. General Provisions. Customer may not assign the Agreement or any of its rights or obligations under the Agreement without the prior written consent of Owest, which consent will not be unreasonably withheld. Customer may not assign to a reseller or telecommunications carrier under any circumstances and represents that it will not resell the Service.' The Agreement is intended solely for Qwest and Customer and it will not benefit or be enforceable by any other person or entity, including without limitation, End Users. If any term of the Agreement is held unenforceable, such term will be construed as nearly as possible to reflect the original intent of the parties and the remaining terms will remain in effect. Neither party's failure to insist upon strict performance of any provision of the Agreement will be construed as a waiver of any of its rights hereunder. All terms of the Agreement that should by their nature survive the termination of the Agreement will so survive. Neither party will be liable for any delay or failure to perform its obligations hereunder if such delay or failure is caused by a Force Majeure Event. "Force Majeure Event" means an unforeseeable event beyond the reasonable control of that party, including without limitation: act of God, fire, flood, labor strike, sabotage, fiber cuts, acts of terror, material shortages or unavailability, government laws or regulations, war or civil disorder, or failures of suppliers of goods and services. The Agreement constitutes the entire agreement between Customer and Qwest with respect to the subject matter hereof, and supersedes all prior oral or written agreements or understandings relating to the subject matter hereof. Except for Tariff or Service modifications initiated by Owest, all amendments to the Agreement must be in writing and signed by the parties' authorized representatives. However, any change in rates, charges, or regulations mandated by the legally constituted authorities will act as a modification of any contract to that extent without further notice. Qwest reserves the right at any time to reject any handwritten change to the Agreement. DS11ntrastate Page 3 CONFIDENTIAL- . Copyright @ 2005 Qwest. All Rights Reserved. v1.102105 The parties have read, understand and agree to all of the above terms and conditions of this Agreement and hereby execute and authorize this Agreement. City of Bremerton Qwest Corporation Authorized Signature Authorized Signature Name Typed or Printed Name Typed or Printed Title Title Date Date Address for Notices: DS1lntr?state Page 4 CONFIDENTIAL Copyright @ 2005 Qwest. All Rights Reserved. v1.102105 DATE SlJBMITTED: April 20, 2006 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 3 .........m.....................................................................a......., SUBJECT: First Amended Concession Agreement Between City of Bremerton and Olympic Soccer & Sports Center, LLC Committee Meeting Date: April 26, 2006 COUNCIL MEETING Date: May 3, 2006 Department: City Attorney's Office Presenter: Roger Lubovich Phone: 473-2345 SUMMARY: The City and Olympic Soccer & Sports Center currently participate in a concession agreement relating to soccer fields at Pendergast Park. Olympic Soccer & Sports Center desires to construct an additional indoor soccer field and is requesting additional space for its facility. The proposed agreement amends the concession agreement by adding space to the concession area and updating other provisions of the contract. ATTACHMENTS: Proposed First Amended Concession Agreement Between City of Bremerton and Olympic Soccer & Sports Center, LLC FISCAL IMPACTS (Include Budgeted Amount): The agreement provides additional compensation above the existing arrangement of $937.50 per month adjusted annually by a CPI adjustment capped at 2% per year and subject to periodic re-openers. APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I CONSENT AGENDA D I Move to approve the First Amended Concession Agreement Between City of Bremerton and Olympic Soccer & Sports Center, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action FIRST AMENDED CONCESSION AGREEMENT BETWEEN CITY OF BREMERTON AND OLYMPIC SOCCER & SPORTS CENTER, LLC This First Amended Concession Agreement between the City of Bremerton (CITY) and Olympic Soccer & Sports Center, LLC (CONCESSIONAIRE) specifically amends the Concession Agreement entered into between the parties on June 20, 2001 ("Concession Agreement") collectively referred to hereinafter as ("Agreement") WHEREAS, CONCESSIONAIRE desires to construct an addition to the current structure to add a second indoor playing field to the facility, and WHEREAS, the CITY has agreed to amend the Concession Agreement to grant additional space to the concession for the second indoor playing field, NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, the Concession Agreement is hereby amended to read as follows: ARTICLE 1. CONCESSION. 1.1 Concession of Premises. 1.1.1 Premises Described. CITY hereby grants a ground and use concession to CONCESSIONAIRE for the Premises, approximately fifty thousand square feet (50,000 sq. ft.) of undeveloped land (except as developed by CONCESSIONAIRE) within the confines of the Pendergast Regional Park on real property legally described in Exhibit A attached hereto and incorporated by reference for development, construction, maintenance and operation, for profit, of an indoor athletic facility including current or future building(s), fixtures, appurtenances, parking and exterior landscaping (hereinafter referred to as "Improvements"), and generally shown in the preliminary building and site plan in Exhibit B attached hereto and incorporated by reference. (Collectively referred to as "Premises") Premises does not include the fee ownership or leasehold interest ofthe real property upon which the Premises are located. CONCESSIONAIRE hereby agrees to the terms and conditions of this Agreement. The PARTIES agree that approximately twenty thousand square feet (20,000 sq. ft.) of the Premises are currently undeveloped with no permanent structures, and that and that the CONCESSIONAIRE intends to construct an addition to the current structure to add a second indoor playing field to the Premises ("Second Field"). The PARTIES further agree that any and all current or future development and construction of Improvements on the Premises are owned by CONCESSIONAIRE subject to any security interest oflender, if any and subject to the CITY's right, title and interest at the expiration or termination of this Agreement pursuant to Article 2.4. The common address of the Premises is 1199 Union Avenue Bremerton WA, 98312. 1 1.1.2 Right of Entry. In addition to the Premises described above, the CITY grants CONCESSIONAIRE 1) an Access Right of Entry to access the Premises to the public right-of- way and 2) a 15 foot Perimeter Right of Entry around the perimeter of the Premises for maintenance and repair of the Improvements (Collectively "Rights of Entry") as identified in Exhibit_. CONCESSIONAIRE's use of the Rights of Entry granted herein shall not be used in a manner inconsistent with or interfere with the CITY's use of the property. CONCESSIONAIRE shall not install any structures or other improvements on the Rights of Entry without the CITY's prior written approval. Such approval shall be at the CITY's sole discretion. The Rights of Entry shall run for the term of this Agreement. 1.2 Possession, Quiet Enjoyment & Covenants. Except as provided in Articles 3 & 4.3 herein, the CONCESSIONAIRE shall be entitled to exclusive possession of the Premises upon commencement of the development and construction of the Premises as defined by Article 5.4 herein. Upon taking possession of the Premises, and on performing all the covenants and conditions herein, the CONCESSIONAIRE shall peaceably and quietly have, hold, and enjoy the Premises at all times during the full term of this Agreement. Every covenant in this Agreement shall be deemed and treated to be a covenant running with the Premises during the full term of the Agreement, and shall extend to the heirs, legal representatives, successors, and assigns of the PARTIES. No change in CITY's ownership of the Premises, or rights to the payments hereunder, however accomplished, shall operate to enlarge the obligations or reduce the rights of CONCESSIONAIRE. No change in CITY's ownership ofthe Premises shall be binding upon CONCESSIONAIRE for any purpose until CONCESSIONAIRE shall have been given notice thereof. ARTICLE 2. TERM OF AGREEMENT 2.1 Term. The term of this Agreement shall be fifteen (15) years, commencing June 20,2001, the EFFECTIVE DATE of this Agreement. 2.2 Option to Renew. The CITY agrees to offer the CONCESSIONAIRE three (3) successive ten (10) year options to renew this Agreement, contingent upon 1) CONCESSIONAIRE remaining in full compliance with the terms and conditions of this Agreement and 2) the CITY accepting the level of insurance coverage required in Article 8.5.2 for each new ten (10) year term exercised by CONCESSIONAIRE, which acceptance will not be unreasonably denied. Each ten (10) year option to renew shall renew automatically unless CONCESSIONAIRE gives the CITY prior written notice of its desire not to renew or the CITY gives CONCESSIONAIRE prior written notice of CONCESSIONAIRE's failure to be in full compliance with the terms and conditions of this Agreement in which case the CONCESSIONAIRE shall be given the opportunity to cure such default pursuant to Article 7.2. The CONCESSIONAIRE may terminate this Agreement at any time with prior written notice to the CITY. The CITY may request a review of insurance coverage required in Article 8.5.2 pursuant to Article 3.1.2. The CITY may request CONCESSIONAIRE to cure any default and come into full compliance with the terms 2 and conditions ofthis Agreement at any time pursuant to Article 7.2. The failure of CONCESSIONAIRE to provide prior written notice not to renew or failure of the CITY to accept the level of insurance coverage or cure any default or request full compliance with the terms and conditions of this Agreement shall not constitute a waiver by either party. 2.3 Right of First Refusal. Upon the expiration of all terms of this Agreement, CONCESSIONAIRE shall have a Right of First Refusal for a new Concession but this right shall only extend to the right to operate a recreation facility similar in scope to the uses identified and authorized in Article 4.1.1 of this Agreement and only if the CITY requests such use in its solicitation for a concessionaire for the Premises. If the City desires a different use for the Premises, then CONCESSIONAIRE shall not have a Right of First Refusal. 2.4 Improvements-Expiration or Termination of Agreement. Upon the expiration of the term( s) of this Agreement or upon the termination of this Agreement, other than as a result of condemnation proceedings, the then existing Improvements on the Premises will become the property of and owned by the CITY and the CITY shall have all right, title and interest in the same. ARTICLE 3. CONSIDERATION 3.1. Consideration for Concession. 3.1.1 Cash and Premises Use. As consideration for the ground and use concession granted by the CITY to the CONCESSIONAIRE by Article 1 herein, the CONCESSIONAIRE shall provide fair and equitable compensation to the CITY in the form of cash payments and hours of use of the Premises. Premises use by the CITY shall be governed by Article 3.3 herein. Based upon Exhibit C, the CONCESSIONAIRE shall pay the CITY Nine Hundred Thirty Seven Dollars and Fifty Cents ($937.50) per month beginning on the effective date of this Agreement and further shall provide the CITY with.an annual total of 150 hours of Premises use. The Premises use shall be per hour per field;. said kinds of use to be determined at the sole discretion of the CITY. The monthly cash payment shall be adjusted every year during the term(s) of this Agreement based upon the prior years' Consumer Price Index (CPI) for all urban consumers as published by the United States Department of Labor for Seattle- Tacoma- Bremerton, all items (1982-84-100) For purposes of the CPI,adjustment, the base shall be the June 2006 CPI index June to June every year (ie. June 2006- .tune 2007). The CPI adjustment shall occur on the following January 1 st of each year during the term of this Agreement. No adjustment, whether an increase or a decrease, shall exceed two percent (2%) annually. CONCESSIONAIRE shall pay make this payment to the City by the fifteenth day of the month following the end of each month. CONCESSIONAIRE may prepay these :monthly payments on a quarterly, semi-annual or annual basis or as otherwise approved by the CITY. i A . 'h" 3.1.2 Re-Opener of Compensation and Insurance Coverage. t any time WIt III 180 days prior to the beginning of each ten (10) year term or any time after the beginning of any ten (10) year term, either party may request are-opener of the consideration and leasehold tax set forth in Article 3 and the insurance coverage required in Article 8.5.2. Upon such request, the 3 parties will, in good faith, review the consideration, leasehold tax and/or insurance coverage, and further, negotiate and make appropriate adjustments to reflect changes in market values and use of the Premises using as the basis the date and the consideration, leasehold taxes, insurance coverage, use of Premises and other relevant factors which established the figures requested to be reviewed. In the event the PARTIES cannot reach an agreement following review and negotiation, the PARTIES agree to mediate the issues in dispute. 3.1.3 Leasehold Excise Tax. Pursuant to RCW 82.29A.020(1), concessions fall within the definition of leasehold interest, therefore, even though this Agreement is not for a lease, it is still subject to the leasehold tax set forth in Chapter 82.29A RCW. Accordingly, CONCESSIONAIRE agrees to pay, in addition to other taxes and fees pursuant to Article 8.4.2, the leasehold excise tax pursuant to Chapter 82.29A RCW. The tax will be based on the current value of use of the property through this Agreement (concession rate value) as set forth in Exhibit C in the amount of $21 ,000.00 per year. Since partial consideration to the City for this property use consists of hours of field use at the Premises established through a formula based upon the current hourly value of field use, no adjustments will be made for the property use or value of field use during the term( s) of this Agreement. Therefore, for purposes of assessment and payment of the leasehold tax only, the value of the use of the property ($21,000.00) will be adjusted every five years during the term(s) of this Agreement based upon the prior five years' Consumer Price Index (CPI) for all urban consumers as published by the United States Department of Labor for Seattle- Tacoma-Bremerton, all items (1982-84-100) For purposes of the CPI adjustment, the base shall be the June 2002 CPI index June to June every five years (ie. June 2002- June 2007). The CPI adjustment shall occur on the following January 1 st of each year during the term of this Agreement. No adjustment, whether an increase or a decrease, shall exceed two percent (2%) annually. In addition, CONCESSIONAIRE agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the City harmless from the same. CONCESSIONAIRE shall pay quarterly to the City by the fifteenth day of the month following the end of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold tax owing. CONCESSIONAIRE may prepay these quarterly payments on a semi-annual or annual basis or as otherwise approved by the CITY. 3.2 Athletic Equipment/Personal Property Use. Premises use by the CITY received as consideration for this Agreement does not include the use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property. Use by the CITY of any of the CONCESSIONAIRE's athletic equipment or other personal property will be negotiated separately between the CITY and the CONCESSIONAIRE and is outside the scope of this Agreement. 3.3 Timing of Premises Use by CITY. The consideration paid by the CONCESSIONAIRE in the form of Premises use by the CITY shall commence accruing from the EFFECTIVE DATE of this Agreement. It is mutually understood and agreed that the CITY can receive its full annual 4 compensation of 150 hours of Premises use at any time during the 12 month period-beginning with the EFFECTIVE DATE of this Agreement and every 12 month period thereafter. 3.4 Premises Use by CITY. 3.4.1. Types of Use. The hours of Premises use provided by the CONCESSIONAIRE to the CITY in consideration for this Agreement are intended to provide recreational opportunities of a suitable and compatible nature for the residents of the CITY as part of the Parks and Recreation programs. Such Premises use by the CITY shall be without cost to the CITY to the extent ofthe 150 hours annually, pursuant to Article 3.2 herein. 3.4.2 Maintenance & Utility Costs/Clean-Up After Use. The CONCESSIONAIRE shall be responsible for all overhead costs, including the utilities and general maintenance, ofthe Premises during the use of the Premises by the CITY. The CITY agrees to clean-up the Premises after each CITY use. 3.4.3 Damage, Claims, & Liability. The CITY shall be responsible for all damage or claims that may arise out ofthe Premises use by any of the CITY's employees, agents, guests, or invitees. The CITY, during such periods of use, shall supervise or cause the CITY's employees, agents, guests, or invitees to be supervised. The provisions for mutual indemnity, hold harmless, and liability insurance pursuant to Articles 8.5 & 8.6 herein apply during Premises use by the CITY. 3.5 Scheduling Premises Use by CITY. The CITY and the CONCESSIONAIRE shall meet at times as necessary, to determine how such Premises use hours shall be allocated to the CITY in the upcoming quarter in accordance with the following provisions. 3.5.1 Spring and Summer Quarters. The CITY shall have the full discretion to determine which hours of Premises use the CITY intends to use during the Spring quarter (April, May, & June) and Summer quarter (July, August, & September) of each year. At the CITY's discretion, the CITY has the right to schedule its full annual compensation of 150 hours of Premises USE during the Spring and Summer quarters. 3.5.2 Fall and Winter Quarters. The CONCESSIONAIRE shall have the full discretion to determine which hours of Premises use the CONCESSIONAIRE intends to use during the Fall quarter (October, November, & December) and Winter quarter (January, February, & March) of each year. The CONCESSIONAIRE has the right to schedule the CITY's remaining compensation, if any, of Premises USE not previously scheduled by the CITY during the Spring and Summer quarters. 3.6 CITY's Increased Premises Use. The CITY shall have the full discretion to determine which hours of the CITY's Premises use will be accounted against the CITY's annual compensation of 182 hours. The CITY may increase its hours of Premises use beyond its annual 5 compensation by paying to the CONCESSIONAIRE an hourly rate then in effect by the CONCESSIONAIRE and with scheduling at the discretion of the CONCESSIONAIRE. ARTICLE 4. USE & OPERATION OF PREMISES 4.1 Use of Premises 4.1.1 Indoor Athletic and Recreational Uses. The CONCESSIONAIRE will use and occupy the Premises throughout the full term of this Agreement for the purpose of providing indoor athletic, educational, entertainment, community activities, and recreational opportunities, all related to the operation of an indoor recreation facility. CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the full term of this Agreement. 4.1.2 Incidental Uses. The CONCESSIONAIRE may provide concessions in the form of food and beverage and the sale of incidental items directly related to the use of the recreation facility including, but not limited to, gym equipment, soap, shampoo, and similar shower supplies, and clothing related to athletic pursuits. 4.1.3 Security and Nuisance During Use. The CONCESSIONAIRE shall take reasonable precautions in securing the Premises during the full term of this Agreement. The CONCESSIONAIRE shall use the Premises for no unlawful purposes and shall not use or occupy the Premises in any manner, which would constitute a public nuisance or violate State or CITY laws. 4.2 Operating Hours. The availability of recreational opportunities for CITY residents is a material consideration for this Agreement. Accordingly and during the full term of this Agreement, the CONCESSIONAIRE shall continuously conduct and carryon the CONCESSIONAIRE'S permitted uses and shall keep the Premises open for business and cause the CONCESSIONAIRE'S business to be conducted therein during the usual business hours of each and every business day as mutually agreed upon. This provision shall not apply if the Premises should be closed and the business of CONCESSIONAIRE is temporarily suspended on account of labor strikes, lockouts, or similar causes beyond the reasonable control of CONCESSIONAIRE, or for maintenance, remodeling, repair, or renovation as approved by the CITY in writing (including approvals of any construction schedules.) The CONCESSIONAIRE covenants and agrees to provide sufficient personnel, and to keep the Premises adequately stocked with merchandise, recreational equipment, fixtures, and facilities so as to conduct its business in accordance with sound business practice. The CONCESSIONAIRE, in order to keep its business commitments, shall be in operation in accordance with sound business practice. 4.3 Entry by CITY. CITY may enter the Premises at all times to inspect; provide services required hereunder; post notices of CONCESSIONAIRE's noncompliance with the provisions of this concession, all without being deemed a constructive eviction. Any person or persons who may have an interest in the purpose of CITY's visit may accompany CITY. CITY has the right to 6 use any and all means that CITY deems proper to open doors and gates in an emergency in order to obtain entry to the Premises. 4.4 Health Inspections. CONCESSIONAIRE shall not knowingly commit or willfully permit to be committed any act or thing contrary to the rules and regulations prescribed by the local board of health, or which shall be contrary to the laws, rules or regulations of any federal, state or municipal authority. CONCESSIONAIRE shall allow the Bremerton-Kitsap County Health Department to make regular and ordinary inspections of the Premises as said health department may deem proper. 4.5 Maintenance, Repair, & Improvements 4.5.1 Maintenance. CONCESSIONAIRE shall, at its sole cost and expense, clean and maintain the Premises, and make repairs, restorations, and replacements to the Premises, including without limitation the heating, ventilating, air conditioning, mechanical, electrical, and plumbing systems, structural roof, walls, and foundations, roof coverings, sprinkling and irrigation systems, playing surfaces and the fixtures and appurtenances to the Premises as and when needed to preserve them in "first class" condition and repair (less normal wear from use) throughout the full term. CONCESSIONAIRE shall further keep in repair and maintain as necessary all machinery, equipment and facilities necessary for the playing of sports and the comfort of players. CONCESSIONAIRE shall paint the exterior of the buildings (except the metal) with such frequency as may be required to maintain their good, clean appearance. All such repairs, restorations, and replacements will be in quality and workmanship at least equal to the original work or installations. If CONCESSIONAIRE fails to make such repairs, restorations, or replacements, CITY may make them at the expense of CONCESSIONAIRE and such expense will be paid by CONCESSIONAIRE within fifteen (15) days after delivery of a statement for such expense. 4.5.2 Sidewalks Maintenance. At its sole cost and expense, CONCESSIONAIRE shall maintain any sidewalks on the Premises in good and presentable condition during the full term of this Agreement, shall be responsible for correcting any unsafe conditions, and shall be responsible for the removal of ice and snow from the sidewalks. 4.5.3 Janitorial Services. At its sole cost and expense, CONCESSIONAIRE shall keep the Premises clean, and shall provide sufficient janitorial services to maintain a tidy appearance on and about the Premises. CONCESSIONAIRE shall provide landscaping maintenance services, as applicable such that landscaping on the Premises remains healthy, attractive, and well maintained. 4.5.4 Repair of Damage. In the event any damage or injury shall occur to the Premises of any kind or nature whatsoever, CONCESSIONAIRE shall promptly cause said damage or injury to be fully repaired at CONCESSIONAIRE'S own cost and expense. In the event CONCESSIONAIRE fails to accomplish such repairs within fifteen (15) days of receipt of written notice by the CITY, then in that event CITY may, but is not required to, enter the 7 Premises and accomplish such repairs and bill CONCESSIONAIRE who will pay the bill within fifteen (15) days after delivery of a statement for such expense. 4.5.6 Improvements. The CONCESSIONAIRE shall be solely responsible for providing adequate funding for any alterations or improvements as provided in this Agreement and such alterations or improvements shall be made without cost to the CITY. 4.5.7 Alterations of Premises after Construction. After such time as the Premises have been completed and accepted as defined above, the CONCESSIONAIRE shall not make any material alteration to the Premises including any changes to the landscaping, without the CITY'S prior written consent. 4.6 Signs. CONCESSIONAIRE may place and maintain signs upon the Premises in accordance with applicable sign and zoning codes of the CITY. 4.7 Utilities. 4.7.1 Utility Services and Expense. The CONCESSIONAIRE will pay for all water, gas, garbage, sewage, electricity, telephone, and other utilities and communications services used by CONCESSIONAIRE on the Premises, whether or not such services are billed directly to CONCESSIONAIRE. CONCESSIONAIRE will also procure, or cause to be procured, without cost to the CITY, any and all necessary permits, licenses, or other authorizations required for the lawful and proper installation and maintenance upon the Premises of utility appurtenances and appliances for use in supplying such utilities and services to and upon the Premises. The CITY, upon request of CONCESSIONAIRE, and at the sole expense and liability of the CONCESSIONAIRE, will join with CONCESSIONAIRE in any application required for obtaining or continuing any such services, provided that such services do not violate any other applicable provision of this Agreement. The CITY shall not be held liable for any injury, loss, or damage caused by or resulting from any interruption or failure of utility services due to any cause whatsoever, except the CITY's sole negligence. CONCESSIONAIRE shall not be entitled to any offset, reduction, or return of consideration as a result of any interruption or failure of services. 4.7.2 Trash & Garbage. The CONCESSIONAIRE shall place all trash and garbage into such areas and containers as are designed and intended to accommodate the trash and garbage generated within or on the Premises. The CONCESSIONAIRE shall not allow trash and/or garbage to accumulate such that a nuisance or health hazard results. 4.8 Parking. The CITY will be responsible to provide adequate parking to support the Premises and its operations. 8 4.9 Hazardous Substances. 4.9.1 Definition. As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous substance, waste, or material, which is or becomes regulated under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in affect pertaining to environmental protection, contamination, or cleanup. 4.9.2 Information. CONCESSIONAIRE shall keep upon the Premises, in a location accessible to CITY, on request during normal business hours, copies of all reports regarding hazardous or toxic materials in the Premises that CONCESSIONAIRE has provided to any governmental agency in the previous quarter. CONCESSIONAIRE shall, upon request and at CONCESSIONAIRE'S expense, provide CITY with a copy of any such report as to which CITY request a copy. In the event of any accident, spill, or other incident involving hazardous or toxic matter that CONCESSIONAIRE is required to report to any governmental agency, CONCESSIONAIRE shall immediately report the same to the CITY and supply CITY with all information and reports with respect to the same, together with CONCESSIONAIRE'S clean-up or remediation plan and schedule. If such clean-up or remediation plan is not acceptable to CITY in CITY'S sole discretion, CITY may so notify CONCESSIONAIRE and, upon 48 hours prior written notice (or without notice if so required by an emergency) may enter on the Premises to conduct the cleanup or remediation and charge CONCESSIONAIRE the costs thereof. All information described herein shall be provided to CITY regardless of any claim by CONCESSIONAIRE that it is confidential or privileged, provided that the CITY shall not publish or disclose the information to any third party except as pursuant to Chapter 42.56RCW. 4.9.3 Indemnification. CONCESSIONAIRE agrees to hold harmless, protect, indemnify, and defend CITY from and against any damage, loss, claim, or liability, INCLUDING Attorney's fees and costs, resulting from CONCESSIONAIRE'S use, disposal, transportation, generation, and/or sale of any Hazardous Substances. The CITY agrees to hold harmless, protect, indemnify, and defend CONCESSIONAIRE from and against any damage, loss, claim, or liability, including attorney's fees and costs, resulting from (a) Hazardous Substances existing on the Premises as of the EFFECTIVE DATE of this Agreement; or (b) Hazardous Substances thereafter used, disposed of, or generated on the Premises by the CITY. These indemnities will survive the termination of this Agreement, whether by expiration of the Term or otherwise. 4.10 Risk of Loss. All personal property of any kind or description whatsoever in the Premises shall be at the CONCESSIONAIRE's sole risk, and CITY shall not be liable for any damage done to, or loss of, such personal property. However, CONCESSIONAIRE is not responsible for losses or claims of stolen property under the care and contol of the CITY during the CITY'S use periods. 9 ARTICLE 5. DESIGN & CONSTRUCTION OF PREMISES 5.1 Design. The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington (hereinafter referred to as the DESIGN ENGINEER), who shall design the indoor athletic facility, the Second Field and other related Improvements. The CITY shall have the right to approve the final design of the Improvements and shall have a continuing right to approve the exterior color of any structure on the Premises. CONCESSIONAIRE shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the Premises. 5.2 Building & Site Plans. The CONCESSIONAIRE shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, to prepare building and site plans for the Premises, which shall reference the structure, the Second Field and other related Improvements, utilities generally, and landscape plan as applicable. The CITY shall have the right to approve the final building and site plans. 5.3 Construction/Site Work/Fencing. The CONCESSIONAIRE shall be solely responsible for all development and construction of the Premises and hold the CITY harmless from any and all claims arising out of the development and construction of the Premises pursuant to Article 8.6 herein. CONCESSIONAIRE shall be responsible for the site work, all required permits and grading. CONCESSIONAIRE shall properly barricade the work area and install signage directing unauthorized person from entering onto the building site during any phase of development or construction. Unless otherwise agreed fencing shall be placed around the work area. In addition, the building site shall be kept in a clean and organized condition during development periods. CONCESSIONAIRE shall be responsible for site security, traffic and pedestrian warnings at the site during the development and construction phases. 5.4 Construction Deadlines. CONCESSIONAIRE shall be required to commence development and construction of the Second Field within six months of the EFFECTIVE DATE of this Agreement. Commencement of development and construction of the Second Field is defined as that date upon which physical movement or grading of the soil in preparation for construction of any structure on the Premises. CONCESSIONAIRE shall be required to complete the development and construction of the Premises within one year of the EFFECTIVE DATE of this Agreement. Completion of the development and construction of the Second Field is defined as that date upon which all final occupancy permits are obtained by the CONCESSIONAIRE. 5.5 Failure to Meet Construction Deadlines/Time of Essence. Except as provided in Article 8.15 herein, it is mutually understood and agreed that failure by the CONCESSIONAIRE to meet the development and construction deadlines shall constitute a material breach of this Agreement by the CONCESSIONAIRE and the CITY, at its option, can terminate this Agreement for cause pursuant to Article 7. Time is ofthe essence with this Agreement. 10 5.6 Stormwater Drainage, Sewer, & Water Lines. The CONCESSIONAIRE will be responsible for relocating storm drains, sewers, and water lines to the Premises, as required to complete any development and construction of the Premises. 5.7 Development and Construction Fees & Expenses. The CONCESSIONAIRE shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with the development and construction of the Premises. In addition, CONCESSIONAIRE shall be responsible for any additional costs for inspections billed to the CITY by any government agency, including but not limited to the City of Bremerton, Kitsap County, or the State of Washington. 5.8 Escrow Requirements To Ensure Performance of Contractors. It is mutually understood and agreed that the CONCESSIONAIRE will, prior to the commencement of development and construction of the Premises pursuant to Article 5.4 herein, place into escrow funds sufficient to ensure contractor performance through completion of construction and development of the Premises. 5.9 Not a Public Works Project. The development and construction of the Premises is not a public works project requiring the payment of prevailing wages. CONCESSIONAIRE is the developer and the CITY is not an owner, partner, joint venturer, nor maintains any other business relationship with the CONCESSIONAIRE regarding the Premises other than as grantor of a concession and user of the Premises. The CITY is not involved with, nor has any responsibilities for, the biding, contracting or operations of the Premises and will occupy no space in the Premises. The CONCESSIONAIRE does not deem itself required to pay prevailing wages nor will the CONCESSIONAIRE be obligated to payor to contract for prevailing wages or any other standard of payment controls associated with this project. This provision is a material part of the consideration for this Agreement. The project signage and all literature, advertising by either the CITY or CONCESSIONAIRE shall not indicate in any manner that this is a CITY project, contract, or other misleading statement indicating that this project is a public work project directly or indirectly. 5.10 No Liens. Except liens and encumbrances of any lender pursuant to Article 6 herein, it is mutually understood and agreed that the CONCESSIONAIRE shall have no authority, express or implied, to create or place or to allow to be created or placed any lien or encumbrance of any kind or nature whatsoever upon, or in any manner to bind, the interest of the CITY in the Premises or to charge the rentals payable hereunder for any claim in favor of any person dealing with CONCESSIONAIRE, including those who may furnish materials or perform labor for any construction or repairs, and each such claim shall affect and each such lien shall attach to, if at all, only the right and interest granted to CONCESSIONAIRE by this Agreement. If any such liens are filed, CITY may, without waiving its rights and remedies for breach, and without releasing CONCESSIONAIRE from its obligations hereunder, require CONCESSIONAIRE to post security in form and amount reasonably satisfactory to CITY or cause such liens to be released by any means CITY deems proper, including payment in satisfaction of the claim giving rise to the lien. CONCESSIONAIRE shall pay to CITY upon demand any sum paid by CITY to 11 remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY harmless from any and all loss, cost, or expenses based on or arising out of the asserted claims or liens, except those of the lender, against this Agreement or against the right, title, and interest of the CITY in the Premises or under the terms of this Agreement, including reasonable attorney's fees and costs incurred by CITY in removing such liens, and in enforcing this paragraph. Additionally, it is mutually understood and agreed that this paragraph is intended to be a continuing provision applicable to future repairs and improvements after the initial construction phase. ARTICLE 6. FINANCING & SECURITY INTERESTS 6.1 Financing - No CITY Obligation. CONCESSIONAIRE shall be solely responsible for all financing requirements for all construction, maintenance, repairs, or subsequent improvements to the Premises. The CITY shall be under no obligation directly or indirectly to pay for any labor, material, or improvement associated with the facility except as provided herein or mutually agreed upon. The CONCESSIONAIRE shall, in applying and obtaining financing, inform any lender that the CITY has no financial obligations associated with the construction, maintenance, repairs or subsequent improvements to the Premises. 6.2 Security Interest in Premises & Agreement/Consent. The CITY consents to the grant, transfer, pledge and assignment of any and all right, title, claim, interest of CONCESSIONAIRE in and to this Agreement and in the Premises, and in any building facility, personal property and fixtures in the Premises ("Collateral") to lender for financing purposes. The CITY shall recognize lender's first priority security interest in the Collateral and the CITY hereby subordinates any and all interest of the CITY in said Collateral to lender. CONCESSIONAIRE acknowledges that the CITY will not grant any security interest to any lender in CITY real property nor will the CITY allow any encumbrance of any kind or nature whatsoever upon, or in any manner on its title to CITY real property. In the event of default by CONCESSIONAIRE to lender, in addition to all its rights and remedies available at law and equity, lender may enforce and/or foreclose its security interestlinterests in the Collateral. CITY agrees that in connection with any such default, and all without further consent of CITY, lender may: a. Acquire CONCESSIONAIRE'S interest in the Collateral either by a deed in lieu of foreclosure or actual foreclosure; b. Rent and/or grant a ground and use concession of the Premises subject to this Agreement pending foreclosure of the Collateral by lender; c. Assign, sell and/or transfer the Collateral in whole or in part to any person or entity; d. Take possession of any or all of the Collateral, obtain right of subs'titution for CONCESSIONAIRE and operate said Collateral; and/or e. Appoint a receiver. Any assignment or transfer under Article 6.2 is subject to Article 8.7. Lender shall have no interest in improvements located on the Premises at the time of expiration of the term or tern1S of this Agreement pursuant to Article 2, at which time, all improvements shall become the property of the CITY. 12 6.3 LENDER's Reliance on Term and Renewal Options. The City acknowledges that the CONCESSIONAIRE, in making application for financing, may be required to have an assurance that the terms of this Agreement will extend beyond the term of the financing term. By its signature to this Agreement, the CITY confirms its authority to provide the ten-year Agreement term with three options to extend the ten-year Agreement for a total of forty years with the renewal options conditioned solely upon the CONCESSIONAIRE maintaining current payments and remaining in full compliance with the terms and conditions of this Agreement. Lender may, but is not obligated to exercise the right to renew and extend the terms ofthis Agreement as set forth herein. Additionally, the CITY acknowledges that, after any original financing commitments by the CONCESSIONAIRE have been satisfied, these financing provisions shall be applicable to all future advances or financing required by the CONCESSIONAIRE and used solely for the improvements and repairs of the Premises. 6.4 Surrender of the Collateral. No surrender of Collateral or the Premises subject to this .. Agreement or any other act of CONCESSIONAIRE shall be deemed to terminate this Agreement. CITY will not terminate this Agreement voluntarily by agreement with CONCESSIONAIRE unless lender has been previously notified in writing and has consented to the termination in writing. This Agreement shall not be amended or modified unless lender has been previously notified in writing and has consented to such amendment or modification in writing. 6.5 Notice of Default and Lender's Rights. 6.5.1 Notice of Default. If CONCESSIONAIRE defaults under this Agreement or if any event occurs which would give CITY the right to terminate, modify, amend or shorten the term of this Agreement, CITY shall take no steps to exercise any right it may have under this Agreement without first giving lender written notice of such default in accordance with Article 6.11 below. A copy of each and every notice of default served or sent by CITY or its agent to or upon CONCESSIONAIRE pursuant to this Agreement shall be sent contemporaneously to lender in accordance with Article 6.11 below. Such notice of default shall specify the event or events of default then outstanding and the time period at the end of which the indicated action would become effective. 6.5.2 Termination for Monetary Default. If the notice of default given by CITY to lender relates to a monetary default and CONCESSIONAIRE has not cured such monetary default within 30 days after lender receives the notice and CONCESSIONAIRE'S failure to cure results in CITY desiring to terminate this Agreement, CITY may terminate this Agreement pursuant to Article 7 if such monetary default is not cured by either CONCESSIONAIRE or lender within forty-five (45) days after lender receives the notice of default. 6.5.3 Termination for Non-Monetary Default. If the notice of default given by CITY to lender relates to a non-monetary default and CONCESSIONAIRE has not cured, or diligently pursued curing, such non-monetary default within thirty (30) days after lender receives the notice, CITY shall take no action to terminate this Agreement if: 13 a. Within sixty (60) days after CITY'S notice to lender regarding CONCESSIONAIRE'S failure to cure (or failure to diligently pursue a cure) lender notifies CITY of its intent to realize upon its security interest and commences realization within sixty (60) days thereafter, and diligently pursues realization; and b. Lender pays CITY at time of notification all monies or performances due that may be in default up to the day lender notifies CITY oflender's intent and further pays or performs all consideration that accrues during the period after lender so notifies CITY and completes such other performances that may be required or come due under this Agreement. CITY shall not terminate this Agreement because of CONCESSIONAIRE'S breach of any terms of this Agreement relating to the solvency of CONCESSIONAIRE or the institution of any bankruptcy, insolvency, receivership or related action by or against CONCESSIONAIRE as long as lender cures any default under this Agreement by CONCESSIONAIRE as provided herein, except that lender shall not be required to cure any defaults relating to solvency of CONCESSIONAIRE. 6.6 Right to Assign. Lender shall have the right to assign its interest in the Collateral. Upon the purchaser's, assignee's or transferee's assumption and agreement to perform and be bound by all of the terms of this Agreement, lender shall be relieved from further liability under this Agreement. If a lender finances the purchaser, assignee or transferee, said lender shall be subject to all obligations as set forth in this Agreement. Any successor lender shall be bound by the terms and conditions of this Agreement. 6.7 Disposition of Insurance Should the Collateral suffer any loss which is covered by casualty insurance, and the insurance proceeds are used to restore any improvements made by CONCESSIONAIRE, CITY agrees that CONCESSIONAIRE and lender shall have the right to such proceeds so long as none of CITY'S property, utilities or other services therein are damaged or such damages are repaired. In the event the CITY'S land is substantially damaged and CONCESSIONAIRE'S improvements have been repaired, CITY shall only participate in the insurance proceeds to the extent necessary to repair and restore CITY'S land and any of CITY'S improvements on or in the ground to the same condition the land was at the commencement of this Agreement, or in the same condition at the time of the casualty. Other than as described herein, CITY shall have no claim to insurance proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral. 6.7 Right to Participate in Litigation. Lender shall have the right to participate in any litigation, arbitration or dispute directly affecting the Collateral or interest of CONCESSIONAIRE or lender therein, including, without limitation, any suit, action, arbitration proceeding, condemnation proceeding or insurance claim. CITY, upon instituting or receiving notice of any such litigation, arbitration or dispute will promptly notify lender of the same. 6.8 Incorporation of Lender's Protection Provisions. Lender shall be a beneficiary of all rights of CONCESSIONAIRE herein including but not limited to the warranty, indemnity, hold harmless, choice of law and venue, costs and attorney's fees as provided herein. 14 6.9 Right to Remove Collateral. In the event lender exercises its rights under its Collateral and realizes upon the Collateral, CITY agrees that lender is entitled to remove the Collateral, including but not limited to building facility, furniture, movable trade fixtures and equipment, from the Premises at any reasonable time and that the Collateral shall remain personal property even though the trade fixtures may be affixed to or placed upon the Premises. In the event lender so realizes on its Collateral, CITY waives any right, title, claim, lien or interest in the Collateral. 6.10 Notices. All notices, copies of notices, consents or other communications to lender given under this Agreement to lender must be in writing and shall be effective when received. Such communications shall be given in person to an officer of lender, addressed to lender at an address as provided by lender. ARTICLE 7. TERMINATION 7.1 Failure to Perform 7.1.1 Obligation to Perform. Nothing herein shall imply any duty upon CITY to do any work, which under any provision of this concession CONCESSIONAIRE may be required to perform, and the performance thereof by CITY shall not constitute a waiver of CONCESSIONAIRE's default. CITY shall not in any event be liable for inconvenience, annoyance, and disturbance in its activities in the PARK, however shall not permit a loss of business, or other damage to CONCESSIONAIRE by reason of its actions pertaining to the PARK. 7.1.2 Payments to Other Parties. Except as otherwise expressly provided hereunder, all obligations of the CONCESSIONAIRE under this Agreement will be performed by CONCESSIONAIRE at CONCESSIONAIRE's sole cost and expense. If CONCESSIONAIRE fails to pay any sum of money owed to any party other than CITY for which CONCESSIONAIRE is liable hereunder, or if CONCESSIONAIRE fails to perform any other act on its part to be performed hereunder, and such failure continues for ten days after notice thereofby CITY, CITY may, without waiving or releasing CONCESSIONAIRE from its obligations, make any such payment or perform any such other act to be made or performed by CONCESSIONAIRE. CONCESSIONAIRE shall pay CITY, on demand, all sums so paid by CITY and all necessary incidental costs, together with interest thereon at the lesser of 11'2 percent per month or the maximum rate permissible by law, from the date of such payment by CITY. 7.2 Default. This Agreement and the concession granted herein may be terminated for default as follows: 7.2.1 CITY's Default. CITY will not be in default unless CITY fails to perform an obligation within thirty (30) days after notice by CONCESSIONAIRE, which notice must specify the alleged breach; provided that if the nature of CITY's obligation is such that more than thirty (30) days are reasonably required for cure, then CITY will not be in default if CITY 15 commences to cure within thirty (30) days of CONCESSIONAIRE's notice and thereafter diligently pursues completion and completes performance within a reasonable time. 7.2.2. CONCESSIONAIRE's Default. The occurrence of any one or more of the following events constitutes a default under this Agreement by CONCESSIONAIRE: (1) CONCESSIONAIRE shall be in default of the perfoffilance of any covenants, conditions, or provisions of this Agreement, other than the covenants for the payment of consideration required by this Agreement, where such failure continues for a period of thirty (30) days after written notice is given by CITY provided that if the nature of CONCESSIONAIRE's obligations is such that more than thirty (30) days are reasonably required for cure, CONCESSIONAIRE will not be in default if CONCESSIONAIRE commences to cure within thirty (30) days of CITY's notice and thereafter diligently pursues completion and completes performance within a reasonable time; or (2) CONCESSIONAIRE shall be adjudged a bankrupt, make a general assignment for the benefit of creditors, or take the benefit of any insolvency act, or if a permanent receiver and trustee in bankruptcy shall be appointed for CONCESSIONAIRE's estate and such appointment is not vacated within thirty (30) days; or (3) Premises become vacant or deserted for a period of thirty (30) days; or (4) if this Agreement shall be assigned or the Premises concessioned by CONCESSIONAIRE other than in accordance with the terms of this AGREEMENT and such default is not cured within twenty (20) days after written notice to CONCESSIONAIRE; or (5) CONCESSIONAIRE shall fail to make any payment when due, or fail to make any other payment required hereunder when due, when that failure is not cured within thirty (30) days after mailing of written notice thereofby CITY; or (6) CONCESSIONAIRE shall fail to comply with the same concession term or covenant on three occasions during any 10 year term, even if such breach is cured within the applicable cure period. The CITY's right to terminate pursuant to this Article for failure of CONSCESSIONAIRE to cure a default is subject to the lender's right to cure pursuant to Articles 6.5.2 and 6.5.3. 7.2.3 Default for Other Cause. This Agreement may be immediately terminated for other cause by a party if the other party substantially fails to perform its obligations under this Agreement, through no fault of the terminating party, and the non-performing party does not commence correction of the failure of performance within thirty (30) days of the terminating party's sending notice to the non-performing party. 7.3 Remedies Are Cumulative. Remedies under this Agreement are cumulative; the failure to exercise on any occasion any right shall not operate to forfeit such remedy. 7.4 Destruction of Premises & Use of Insurance Proceeds. Unless otherwise mutually agreed by the PARTIES, in the event the Premises are destroyed or injured by fire, earthquake, or other casualty, then CONCESSIONAIRE shall proceed to rebuild and restore the Premises, or such part thereof as may be injured as aforesaid. In the event of any loss covered by the insurance policies described and required pursuant to Article 8.5.1 herein, unless this Agreement shall be terminated as provided herein, the proceeds of such insurance policies shall be used by 16 CONCESSIONAIRE first to rebuild and restore the Premises and replace the improvements, fixtures, and equipment, which may be damaged or destroyed by such casualty. 7.5 Duties upon Termination. Upon termination of this Agreement, and unless otherwise arranged, CONCESSIONAIRE shall remove from the PARK all its personal property, goods, and effects. In the event that the CONCESSIONAIRE fails to perform this duty at termination, the CITY may cause such removal to be made and said personal property, goods, and effects to be stored, the cost and expense to be paid by the CONCESSIONAIRE. It is mutually understood and agreed that the real property constituting the Premises of this Agreement is the real property of the CITY and that all improvements to said real property shall revert to the CITY at the termination of this Agreement. 7.6 Eminent Domain. The following rules shall govern the rights and duties of the PARTIES in the event of interference with the possession of the Premises by CONCESSIONAIRE by right of eminent domain or private purchase in lieu thereof. 7.6.1 Rights of Termination. If the whole of the Premises shall be taken for any public or quasi-public use under any statute or by right of eminent domain, or by private purchase in lieu thereof, then this Agreement shall automatically terminate as of the date that title shall be taken. If more than twenty-five percent (25%) of the Premises shall be so taken and if the taking renders the remainder thereof unusable for the purposes for which the Premises were concessioned, then CITY and CONCESSIONAIRE shall each have the right to terminate this Agreement on thirty (30) days notice to the other given within ninety (90) days after the date of such taking. Provided, however, that if the CITY is exercising its rights of eminent domain, a fair value shall be placed on this Agreement and the Premises with the compensation thereof awarded solely to CONCESSIONAIRE, or lender pursuant to its security interest, if any. 7.6.2 Non-Termination. If any part of the Premises shall be so taken and this Agreement is not terminated, then the CITY shall, at its own cost and expense, restore the remaining portion of the Premises to the extent necessary to render it reasonably suitable for the purposes for which it was concessioned. 7.6.3 Compensation. The compensation awarded or paid upon such a total or partial taking of the Premises and/or this Agreement shall belong to and be apportioned between the CITY and CONCESSIONAIRE in accordance with their respective interests as determined by a court of competent jurisdiction. Additionally, CONCESSIONAIRE may prosecute any claim directly against the condemning authority for the costs of removal of the goodwill, stock, trade fixtures, furniture and other personal property belonging to CONCESSIONAIRE. CITY shall have no claim to condemnation proceeds that are attributable to CONCESSIONAIRE's interest in the Collateral, nor shall lender gave any interest in CITY's condemnation proceeds, if any. 17 ARTICLE 8. GENERAL CONDITIONS 8.1 Relationship of PARTIES. 8.1.1 CONCESSIONAIRE Independent Contractor Status. The PARTIES intend that an independent relationship shall be created by this Agreement. Nothing contained herein shall create the relationship of principal and agent or of partnership or of joint venture between the parties hereto, and neither the method of computation of consideration nor any other provision contained herein shall be deemed to create any relationship between the parties hereto other than the relationship of CITY as granting a ground and use concession to the CONCESSIONAIRE. CONCESSIONAIRE has the experience, ability, and resources to develop and operate an indoor athletic facility and is performing independent functions and responsibilities within its field of expertise. CONCESSIONAIRE and its personnel are independent contractors and not employees of the CITY. No agent, employee, servant, or representative of the CONCESSIONAIRE shall be deemed to be an employee, agent, servant or representative of the CITY. CONCESSIONAIRE and its personnel have no authority to bind the CITY or to control the CITY's employees. As an independent contractor, CONCESSIONAIRE is responsible for its own management. The CITY's administration and enforcement ofthis Agreement shall not be deemed an exercise of managerial control over CONCESSIONAIRE or its personnel. . 8.1.2 No Third Party Rights Created. It is mutually understood and agreed that this Agreement is solely for the benefit of the PARTIES hereto and gives no right to any other party except as provided by Article 6 herein. 8.1.3 No Joint Venture/Partnership. It is mutually understood and agreed that no joint venture or partnership formed as a result of this Agreement. 8.2 Notices. Except as provided in Article 6 herein, any notice required or permitted hereunder must be in writing and will be effective upon the earlier of personal delivery or three days after being mailed by certified mail, return receipt requested, addressed to CONCESSIONAIRE or to CITY at the address for that party designated herein. Either party may specify a different address for notice purposes by written notice to the other, except that CITY may in any event use the Premises as CONCESSIONAIRE's address for notice purposes. All notices shall be delivered to the following addresses: CITY Address City of Bremerton Attn: Director of Parks and Recreation 680 Lebo Boulevard Bremerton, W A 98310 CONCESSIONAIRE Address Olympic Soccer & Sports Center, LLC Attn: Mr. Dennis Michael, Manager P.O. Box 5047 Bremerton, WA 98312-0466 8.3 Reports & Information. When requested by the CITY, CONCESSIONAIRE shall furnish periodic reports and documents on matters covered by this Agreement. The reports and 18 documents shall be furnished in the time and form requested. CONCESSIONAIRE shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP). 8.4 Permits, Licenses, Taxes, & Fees. 8.4.1 Permits, Licenses, & Other Documents. The CONCESSIONAIRE shall possess a current Bremerton Business License and shall obtain all regulatory licenses and pernlits, including all construction and building permits, necessary to fulfill CONCESSIONAIRE's obligations under this Agreement at CONCESSIONAIRE's sole expense. Each party agrees to execute such additional or other documents as may be required to fully implement the intent of this Agreement. 8.4.2 Taxes & Fees. As an independent contractor, the CONCESSIONAIRE shall be solely responsible for all taxes, fees and charges incurred, including but not limited to license fees, business and occupation taxes, workers' compensation and unemployment benefits, all federal, state, regional, county and local taxes and fees, including leasehold excise tax pursuant Chapter 82.29A RCW, ad valorem taxes, taxes imposed on personal property, all other assessments for improvements or benefits which are assessed on the Premises, income taxes, property taxes, permit fees, operating fees, surcharges of any kind that apply to any and all persons, facilities, property, income, equipment, materials, supplies or activities related to the CONCESSIONAIRE's obligations under this Agreement. The parties acknowledge that for the purpose of real estate taxes, the use of the Premises is limited to those uses identified in Article 4.1.1. 8.5 Insurance. 8.5.1 Fire, Earthquake, & Casualty Insurance. The CONCESSIONAIRE agrees that, at all times during the full term of this Agreement and at its own expense, CONCESSIONAIRE shall, at its sole cost and expense, maintain in full force and effect adequate fire, earthquake, and other casualty coverage covering the Premises and its contents, including all personal property, fixtures, improvements. Such policy shall include a replacement cost endorsement. CONCESSIONAIRE will shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing such coverage. All such insurance coverage shall include a ten-day cancellation notice to CONCESSIONAIRE and the CITY. Adequacy of coverage is defined as insurance sufficient to restore the Premises to its pre-casualty condition. 8.5.2 Liability Insurance. Prior to the commencement date of this Agreement, CONCESSIONAIRE, at its own expense shall obtain and file with the CITY's Risk Manager a Certificate of Insurance evidencing general comprehensive liability insurance coverage ("CGL") providing coverage of at least $1,000,000 per occurrence for bodily injury and $500,000 per occurrence for property damage. This Certificate of Insurance shall be subject to approval by the CITY's Risk Manager as to company, terms and coverage, and said approval shall not be unreasonably withheld. The CGL shall name the CITY as an additional insured and must fully 19 protect the CITY from any and all claims and risks and losses in connection with any activities or omissions by the CONCESSIONAIRE by virtue of this Agreement. The CGL policy shall remain in full force and effect at the CONCESSIONAIRE's sole expense for liability for property damage or personal injury that may occur in connection with activities or omissions by the CONCESSIONAIRE, and provide coverage for the full term of this Agreement. CONCESSIONAIRE shall insure that the CITY's Risk Manager is given thirty-calendar days prior written notice, by certified mail, of any cancellation, lapse, reduction or modification of such insurance. 8.5.3 Release and Waiver of Subrogation. Any policy of insurance carried by either CITY or CONCESSIONAIRE pursuant to any obligation under this Agreement, shall, to the extent available, contain a waiver of subrogation clause on the part of the insurer. Such waiver shall apply to damages to adjacent property. Notwithstanding any other provision of this Agreement, neither CITY nor CONCESSIONAIRE shall be liable to the other party or to any insurance company (by subrogation or otherwise) insuring the other party for any loss or damage to any building, structure or tangible personal property of the other occurring in or about the Premises or PARK, even though such loss or damage might have been occasioned by the negligence of such party, its agents or employees, if such loss or damage is covered by insurance issued by an insurance carrier authorized or licensed by the Insurance Commissioner ofthe State of Washington to issue lines of insurance, benefiting the party suffering such loss or damage or was required under the terms of this Agreement to be covered by insurance by the party covering the loss. 8.6 Hold Harmless, Indemnification, & Industrial Insurance. 8.6.1 Hold Harmless & Indemnification. Each party hereto agrees to be responsible and assumes liability for its own wrongful or negligent acts or omissions, or those of its officers, agents, or employees to the fullest extent required by law. Each party agrees to save, indemnify, defend, or hold the other party harmless against all liability, loss, damages, and expenses, including costs and attorney's fees, resulting from actions, claims and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of the other party, its employees, its subcontractors, its agents, or its assigns, which arise in any way out of the performance of this Agreement. In the case of negligence of both the CITY and the CONCESSIONAIRE, any damages allowed shall be levied in proportion to the percentage of negligence attributable to each party, and each party shall have the right to seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 8.6.2 Industrial Insurance. The PARTIES have specifically negotiated CONCESSIONAIRE's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of CONCESSIONAIRE's indemnification and hold harmless of the CITY, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the CITY. 20 8.7 Successors & Assigns. The CITY and CONCESSIONAIRE each agree to be bound to the other party in respect to all covenants, agreements, and obligations contained in this contract. Except as provided in Article 6 herein, neither party shall assign the contract in part or as a whole, without the written consent of the other. Except as provided in Article 6 herein, the CONCESSIONAIRE shall not subcontract any of the Premises, services, facilities, or equipment, or delegate any of its duties under this Agreement without the prior written approval ofthe CITY. The CITY acknowledges that the CONCESSIONAIRE shall be authorized to sub- concession areas within the Premises to food and beverage purveyors, equipment sales, and similar supporting concessions. When requested, approval by the CITY of a subcontract or assignment shall not be unreasonably withheld. In the event of an assignment, subcontracting, or delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful performance of this Agreement and the assignee, subcontractor, or other obligor shall also become responsible to the CITY for the satisfactory performance of the services, facilities, or equipment assumed. The CITY may condition approval upon the delivery by the assignee, subcontractor, or other obligor of its covenant to the CITY to fully and faithfully complete the requirements or responsibility undertaken under this Agreement. Notwithstanding the foregoing, provided CONCESSIONAIRE is not in default, the CONCESSIONAIRE may assign its interest in this Agreement without seeking CITY's consent to a parent or subsidiary. Except as otherwise provided herein, all of the covenants, conditions, and provisions of this Agreement are binding upon and inure to the benefit of the PARTIES and their respective heirs, personal representatives, successors, and assigns. 8.8 Bankruptcy. Except as provided in Article 6 herein, PARTIES agree that if the CONCESSIONAIRE is adjudged bankrupt, either voluntarily or involuntarily, then this AGREEMENT, at the option of the CITY, may be terminated effective on the day and at the time the bankruptcy petition is filed. 8.9 Compliance with Laws. The CONCESSIONAIRE, its officers, employees, and agents shall comply with applicable federal, state, county, and local laws, statutes, rules, regulations, and ordinances, in performing its obligations under this Agreement. Such compliance shall include abiding by all applicable federal, state and local policies to ensure equal employment opportunity based on ability and fitness to all persons regardless of race, creed, color, national origin, religion, sex, physical handicaps or age. The CONCESSIONAIRE shall comply with applicable laws pertaining to employment practices and employee treatment. Conditions of the Federal Occupational Safety and Health Act of 1970 (OSHA), the Washington Industrial Safety and Health Act of 1973 (WISHA), and standards and regulations issued under these Acts must be complied with. The CONCESSIONAIRE agrees to indemnify and hold harmless the City from all damages assessed for the CONCESSIONAIRE's failure to comply with the Acts and Standards issued thereunder. The CONCESSIONAIRE is also responsible for meeting all pertinent local, state and federal health and environmental regulations and standards applying to any operation in the performance of this Agreement. 21 8.10 Nondiscrimination. PARTIES shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. 8.11 Choice of Law & Venue. This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. 8.12 Costs & Attorneys' Fees. In any action brought to enforce any provision of this Agreement, including actions to recover sums due or for the breach of any covenant or condition of this Agreement, or for the restitution of the Premises to the CITY or eviction of the CONCESSIONAIRE during the term or after expiration thereof, the substantially prevailing party shall be entitled to recover from the other party all reasonable costs and reasonable attorney's fees incurred, including the fees of accountants, appraisers, and other professionals, at trial or on appeal, and without resort to suit. 8.13 Modification. This Agreement may only be modified by written instrument signed by both PARTIES. 8.14 Change in Law/Renegotiation. The PARTIES agree that changes in federal, state or local laws or regulations that materially modify the terms and conditions of the Agreement and result in a detrimental change in circumstances or a material hardship for either party in performing this Agreement may be the subject of a request by a requesting party to renegotiate this Agreement or negotiate Agreement amendments and the responding party agrees to renegotiate fairly with the requesting party. 8.15 Force Majeure. Provided that all other requirements of this Agreement are met, any party shall not be deemed to be in default and shall not be liable for failure to perform under this Agreement if that party's performance is prevented or delayed by acts of God including landslides, lightning, forest fires, storms, floods, freezing and earthquakes, civil disturbances, acts ofthe public enemy, wars, blockades, public riots, breakage, explosions, accident to machinery, equipment or materials, unavailability of required materials, governmental restraint or other causes, whether of the kind enumerated or otherwise, which are not reasonably within the control of that obligated party ("Force Majeure"). If as a result of a Force Majeure event, an obligated party is unable wholly or partially to meet its obligations under this Agreement, it shall give the other party promptly written notice of the Force Majeure event, describing it in reasonable detail. The obligated party's obligations under this Agreement shall be suspended, but only with respect to the particular component of obligations affected by the Force Majeure and only for the period during which the Force Majeure exists. 8.16 Waiver. Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. No waiver of any right or obligation of either party hereto shall be effective unless in writing, specifying such waiver, executed by the party against whom such waiver is 22 sought to be enforced. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 8.17 Illegal Provisions - Severability. Should any part of this Agreement be found void, illegal, or unenforceable, the balance of the Agreement shall remain in full force and effect. 8.18 Article Headings, Gender, & Number. Article paragraph headings are not to be construed as binding provisions of this concession; they are for the convenience of the PARTIES only. The masculine, feminine, singular and plural of any word or words shall be deemed to include and refer to the gender and number appropriate in the context. 8.19 Entire Agreement. This Agreement and its Exhibits constitutes the entire agreement between the PARTIES, and the PARTIES acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 8.20 Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 8.21 Recording. Upon the execution of this Agreement the CITY will cause this Agreement to be recorded with the land use records of Kit sap County, Washington. [Remainder of Page Intentionally Left Blank) 23 IN WITNESS WHEREOF, this Agreement has been entered into between the City of Bremerton and Olympic Soccer & Sports Center, LLC as of the day of ,2006. OLYMPIC SOCCER & SPORTS CENTER, LLC a Washington limited liability company By: Dennis Michael, Manager STATE OF WASHINGTON) ) ss. COUNTY OF KITSAP ) On this day of , 2006, before me personally appeared , to me known to be the of OLYMPIC SOCCER & SPORTS CENTER, LLC, a Washington limited liability company, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute and in fact executed said instrument on behalf of the corporation. Given under my hand and official seal this day of ,2006. TypelPrint Name Notary Public in and for the State of Washington residing at My Commission expires 24 CITY OF BREMERTON a Washington municipal corporation By: Cary Bozeman, Mayor APPROVED AS TO FORM: Roger A. Lubovich, City Attorney ATTEST: Paula Johnston, City Clerk LIST OF EXHIBITS Exhibit A - Legal Description of Premises Exhibit B - Preliminary Building and Site Plans Exhibit C - Appraisal and Compensation Information STATE OF WASHINGTON) ) ss. 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 instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of the CITY OF BREMER TON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this day of ,2006. Type/Print Name Notary Public in and for the State of Washington residing at My Commission expires R:\Legal\Legal\Files\Current Active Files\Olympic Soccer\Amendment No. l.v2 (clean).doc 25 EXHIBIT C Value and Compensation June 2001 concession site area Addition to concession site area Total Site Area 30,000 square feet 20,000 square feet 50,000 square feet N June 2001 value for 30,000 square feet ($0.138 per sq. ft. x 30,000) Determining new concession value (1) $0.20 per sq. ft. for the June 2001 concession site area and proposed addition (50,000 sq. ft.) ($0.20 per sq. ft. x 50,000 = $10,000.00) (2) Add $2,000.00 for outdoor lighting and parking (3) Add $9,000 for field use (150 hours x $60/hr) Total Concession Value $4,140.00 $21,000.00 "D.... ......E..................ffi...'........'.....:.....E..........RNII~jJN~I[V[01SlYE1'ji~R~:C0N1IR:ENS'~mI0Ni.illiBll ',',Wn' W'''. ,. _' c.' . -- ." _ -::~VH=.'-.,."'_.&,^'__,"',,_,_,_______,,_,____,_______ _u_ ,- ."" ,,'~.v>,'.w,.,,"".'...w!.w.,:."_ "_','_, c"."":'_" , .. _ - " ,_ _, "_ ___,;_;,_,,__,'__'__ .""'_" '..',',,'w,"~::,..,:,',',',' _ "'.' _ , _ ,___"_____,.-__' _ _ ,_, .. ":~,,,w,~:,,: ~~~:;':,::,,<:::':"":~,<<,,' 150 hours offield time valued at $65 per hour = $9,750 Concession value ($21,000) minus field time ($9,750) $11,250 per year monetary compensation CONCESSION AGREEMENT Exhibit C Office of the City Attorney Roger A. Lubovich, City Attorney Memoraodum 4 To: City Council From: Ken Bagwell, Assistant City Attorney Re: Purpose ofInfo Item on Council's 4/26/06 Agenda Regarding Collection of Outstanding B&O Taxes and Business Licenses Date: Apri119,2006 In November 2005 and January 2006 a letter was sent out to all businesses operating in the City of Bremerton without a business license or who had failed to pay B&O taxes. The letter contained a strongly worded warning regarding the consequences for failure to obtain a business license or pay B&O taxes. The letter set forth that, "under BMC 5.02.190, engaging in business without a license is a misdemeanor. Further, BMC 3 .86.220(2)(b) makes it a misdemeanor for any person to violate the provisions of the City of Bremerton's Code applying to Business and Occupation Taxes. Failure to pay necessary taxes is a violation of this code. Any person convicted of a misdemeanor is subject to 90 days in jail and/or a $1,000 fine." Response to the letter was good, generating to date, payment of $47,906.68 in outstanding B&O taxes. However, there are still a number of businesses continuing to do business without a business license and ignoring the requirement to pay B&O taxes. As the letter set forth, continued violation of the City's code could result in the filing of a criminal charge. The purpose of the Info item on Council's agenda for April 26, 2006 is to update and inform the Council regarding the next steps for enforcement. DATE SUBMITTED: 4-18-06 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5 ....a..DO..........8.........................&...........a.....oaaa...a..am..aaa.DDmaa.. SUBJECT: 2006 Budget Amendment for 2005 Capital Carry Forward Items Committee Meeting Date: 4-26-06 COUNCIL MEETING Date: 5-03-06 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: Several capital projects that were underway at the end of2005 and/or expected to be completed prior to the end of 2005 - were not completed by year end as anticipated. Attachment A to this agenda bill includes a listing (by fund) of the approved 2005 capital expenditures not concluded which now require a budget adjustment to authorize these expenditures in 2006. Funds for these expenditures are provided by the carry forward of greater fund balances from 2005 resulting from these expenditures not occuring as originally planned. ATTACHMENTS: Discussion Memorandum and Attachment A to Agenda Bill FISCAL IMPACTS (Include Budgeted Amount): These capital expenditures were previously budgeted for in 2005. The effect of not completing these expenditures in 2005 is that the ending fund balances of the affected funds are greater than the 2006 budget anticipated beginning fund balances to be. The 2006 budget amendment for these expenditures will be provided for from the carry forward of these greater fund balances. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA 0 I FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to amend the 2006 budget to include expenditures, and any related transfers of funds, for capital projects listed in Attachment A which are capital items carried forward from the 2005 adopted budget. COUNClL ACTION: 0 Approve 0 Deny D Table o Continue D No Action Attachment A 2005 Carryover Projects Department Police Fund General Project Replacement of Defective Body Armor Amount 40,000 Comment General General Replacement of Garage Doors on Fire Station 3 50,000 Funding to be transferred from General Facilities Government Capital Improvement Fund General General SaG Roof Replacement 25,000 Funding to be transferred from General Facilities Government Capital Improvement Fund Total General Fund 115,000 Street Street Up-Grade of PBX & Voice Mail Systems 24,644 Parking Parking Replacement of Elevator in Old Parking Garage 81 ,000 Parking Parking Parking Ticket Software, Conversion & Training 13,500 for the Court. Conference Conference Final Purchases, Installations & Modifications to 210,000 Remaining funds transferred to the General Center Capital Center Capital Complete the Conference Cnt & Parkinq Facility Government Capital Improvement Fund Government Government Final Purchases, Installations & Modifications to 14,000 Remaining funds transferred to the General Center Capital Center Capital Complete the Government Center Government Capital Improvement Fund Water Utility Water Utility Continue remodel of Oyster Bay Facilility - 2nd 80,000 Floor. Phase 3 Total Other Funds 423,144 Grand Total 538,144 Memorandum To: City Council . Mayor Cary Bozeman /1 Laura Lyon, Director of Financial servicel 2006 Budget Adjustment for 2005 Capital Budget Items Carried Forward into 2006 From: Re: Date: April 18, 2006 Each year there are capital projects underway and/or expected to be completed by the end of the year that for a variety of reasons end up not concluded in the timelines expected. Because the projects were expected to conclude by year end (2005) - no provisions are made in the following budget year (2006) for these expenditures. These capital expenditures were previously budgeted for, so the effect of the work not being completed is that the ending fund balances of the affected funds are greater than the following year budget anticipated. The funds are available from the carry forward of greater fund balance, but a subsequent year 'budget adjustment is necessary to provide expenditure authority for the project managers. In previous years, these budget amendments to carry forward uncompleted capital projects came to council for approval in a series of individual agenda bills. This year we thought we would try to manage it differently, by collecting the information and doing one agenda bill for action on all the known items that require a carry forward budget approval. The attached list of budget adjustments are the items that staff is asking council to approve for expenditure in 2006. The funding for the additional 2006 budget approval is from the carry forWard of fund balance from the prior year. With council's approval of this agenda bill the work may be completed on the projects. When the mid year budget amendment ordinance is prepared - these and other budget amendments acted upon by council by previous motions or resolutions will be formally incorporated into an amended 2006 budget. Staff is asking for your approval of these 2006 budget amendments at the Council's May 3,2006 business meeting. DATE SUBMITTED: April 19, 2006 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL ~ ........................................................................................ SUBJECT: Ordinance No. amending Ch. 2.13 BMC and Rate Table C ofCh. 3.01 BMC to update references to the Zoning Code Committee Meeting Date: April 26, 2006 COUNCIL MEETING Date: May 3, 2006 Department: City Attorney's Office Presenter: Roger Lubovich Phone: 473-2345 SUMMARY: The City adopted a new Zoning Code and codified it in Title 20 of the Bremerton Municipal Code. The proposed ordinance updates references to the Zoning Code in Chapter 2.13 BMC relating to the Administrative Hearing Examiner and Chapter 3.01 BMC relating to rates and fees. ATTACHMENTS: Proposed Ordinance FISCAL IMP ACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: RECOMMENDED MOTION: I CONSENT AGENDA D i Move to pass Ordinance No. updating references to the Zoning Code in Chapter 2.13 and Rate Table C of Chapter 3.01 of the Bremerton Municipal Code. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner and amending Rate Table C of Chapter 3.01 the Bremerton Municipal Code, making corrections to references to the Zoning Code. WHEREAS, the City adopted a new Zoning Code and codified it in Title 20 of the Bremerton Municipal Code; and WHEREAS, prior to the adoption of Title 20, the Zoning Code was codified as Title 21; and WHEREAS, Chapter 2.13 of the Bremerton Municipal Code relating to the Administrative Hearing Examiner references Title 21; and WHEREAS, Rate Table C of Chapter 3.01 of the Bremerton Municipal Code relating to rates and fees for Community Development also references Title 21; and WHEREAS, technical corrections to Chapter 2.13 and Rate Table C of Chapter 3.01 are required to correct references to the Zoning Code; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 2.13.070 of the Bremerton Municipal Code entitled "Jurisdiction" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.070 JURISDICTION. (1) The Administrative Hearing Examiner shall have jurisdiction to: (a) conduct hearings, render decisions, make recommendations and to hear appeals of administrative decisions on land use applications as specified in Title ~20 of the Bremerton Municipal Code, as amended. (b) conduct public hearings on all Local Improvement Districts and Utility Local Improvement Districts. (c) hear an appeal of a department director's administrative decision when provided in the Bremerton Municipal Code. (d) hear code enforcement matters pursuant to provisions of the Bremerton Municipal Code. ( e) conduct public hearings when required under the provisions of the State Environmental Policy Act; conduct open record public hearings or closed-record appeals in 1 BMC 2.13 Technical Corrections accordance with the provisions of the Bremerton Municipal Code; conduct such other hearings as the city council may from time to time deem appropriate. (f) hear such other matters as may be designated by the Bremerton Municipal Code and/or the City Council. (2) It is the intent that all quasi-judicial appeals ofland use decisions, which have prior to the enactment of this chapter been heard by the city council and/or the planning commission, now be heard by the administrative hearing examiner pursuant to this chapter, and to the extent other provisions ofthe Bremerton Municipal Code are inconsistent, jurisdiction for such quasi-judicial appeals will be with the administrative hearing examiner unless otherwise required by state or federal law. (3) Unless otherwise indicated, all other references in the Bremerton Municipal Code to "hearing examiner" shall not mean the municipal court hearing examiner except for those matters established pursuant to Chapter 2.62 ofthe Bremerton Municipal Code over which the municipal court hearing examiner will have jurisdiction. SECTION 2. Section 2.13.080 of the Bremerton Municipal Code entitled "Duties" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.080 DUTIES. The Administrative Hearing Examiner shall have the following duties with respect to applications of matters submitted before him or her. (1) Appeals of administrative decisions/determinations. The Administrative Hearing Examiner shall hear open record appeals of administrative decisions/determinations submitted before him or her, prepare a record thereof, and enter findings of fact and conclusions based upon these facts, which findings and conclusions shall represent final action unless appealed as specified in SectionBMC 2. 13.-l4Q130-BMG, for the following: (a) Appeals of all Type I and Type II proiect permit land use administrative decisions as--identified in BMC 20.02.040 and appealed pursuant to set forth in BMC 21.02.81020.02.140( a)(3). (b) .^~ppeals of all Typo II land use administrative decisions as set forth in BMC 21.02.845. (he) Appeals of Business License denials, revocations and regulations as authorized pursuant to Title 5 of the Bremerton Municipal Code. (~d) Appeals of right-of-way use permit application decisions made pursuant to Chapter 11.02 BMC. (ge) Appeals of administrative decisions on shoreline substantial developmental permits pursuant to Section 21.02.935(b)(5) BMC 20.02. 140(b)and Chapter 7(c)(4) of the City of Bremerton Shoreline Master Program. (~f) Appeals of administrative decisions on short subdivisions and plats pursuant to Section 20.01.100 BMC 20.12.100. (fg) Appeals of administrative determinations applying the Uniform City Building Code, Uniform Plumbing Code, Uniform Code for the Abatement of Dangerous Buildings and the Bromorton Housing Code pursuant to Section 17.01.070 BMC 17.04.140. (gh) Appeals of administrative determinations applying the Uniform Fire Code pursuant to Section 18.01.100 BMC 18.02.180. 2 BMC 2.13 Technical Corrections (2) Decisions of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct open record public hearings, prepare a record thereof, enter findings of fact and conclusions based upon these facts, and render a decision, which decision shall represent the final action on the application, unless appealed, as specified in BMC 2.13.+49130 for all Type III land useproject permit applications as set forthidentified in BMC 21.02.85020.02.040. (3) Recommendations of the Administrative Hearing Examiner. The Administrative Hearing Examiner shall receive and examine available information, conduct open pre-decision public hearings, prepare a record thereof and enter findings of fact and conclusions based upon those facts, together with a recommendation to the city council, for the following: (a) All Type IV project permit applications as set foridentified in BMC 21.02.85520.02.040. (b) Local Improvement Districts and Utility Local Improvement District formation and assessments pursuant to Chapter 11.04 BMC and Chapters 35.43 and 35.44 RCW. SECTION 3. Section 2.13.110 of the Bremerton Municipal Code entitled "Decisions and Recommendation" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.110 DECISIONS AND RECOMMENDATION. (1) The Administrative Hearing Examiner's recommendation or decision may be to grant or deny the application, or the Administrative Hearing Examiner may recommend or require of the applicant such conditions, modifications and restrictions as the Administrative Hearing Examiner finds necessary to make the application compatible with its environment, with applicable State laws, and to carry out the objectives and goals of the comprehensive plan, the zoning code, the subdivision code, and other codes and ordinances of the City. Conditions, modifications and restrictions which may be imposed are, but are not limited to, additional setbacks, screenings in the form of landscaping and fencing, covenants, easements and dedications of additional road rights-of-way. Performance bonds or other financial assurances may be required to ensure compliance with conditions, modifications and restrictions. (2) In regard to all Type IV project permit applications identified in BMC 20.02.040 set forth in BMC 21.02.855, the Administrative Hearing Examiner's findings and conclusions and recommendation shall be submitted to the City Council, which shall have the final authority to act on such applications. The hearing by the Administrative Hearing Examiner shall constitute an open record pre-decision hearing before the final decision is made by the City Council. The Administrative Hearing Examiner shall file its recommendation with the City Council at the expiration of the period provided for reconsideration, or if reconsideration is accepted, within ten (10) working days after the decision on reconsideration. (3) When the Administrative Hearing Examiner renders a decision or recommendation, the Administrative Hearing Examiner shall make and enter written findings from the record and conclusions therefrom which support such decision. The decision shall be rendered within ten (10) working days following conclusion of all testimony and hearings, unless a longer period is mutually agreed to on the record by the applicant and the Administrative Hearing Examiner. The copy of such decision, including findings and conclusions, shall be 3 BMC 2.13 Technical Corrections transmitted by first class mail to the applicant and other parties of record in the case requesting the same. (4) In the case of shoreline substantial development permits, pursuant to BMG 21.02.860(d)(4)RCW 90.58.140(11)(a)(iii), appeals shall be decided within thirty (30) calendar days of filing of the appeal. (5) The filing fee as set forth in Chapter 3.01 BMC paid by the appellant for any appeal to the Administrative Hearing Examiner shall be refunded to the appellant if the appellant is the substantially prevailing party. SECTION 4. Section 2.13.150 of the Bremerton Municipal Code entitled" City Administrative Staff Are To Be Considered A Person Or Party" relating to the Administrative Hearing Examiner is hereby amended to read as follows: 2.13.150 CITY ADMINISTRATIVE STAFF ARE TO BE CONSIDERED A PERSON OR PARTY. For the purpose ofBMC 2. 13.MG130 and 2.13.+W140, the city's administrative staff shall be considered a "person" and/or "party" and shall have the same rights as any other person or party to make requests for reconsideration to the Administrative Hearing Examiner or to appeal decisions of the Administrative Hearing Examiner to superior court or to another designated forum. SECTION 5. Rate Table C, Exhibit 1 Building and Other Permit Fees, Note 9 of Chapter 3.01 of the Bremerton Municipal Code relating to rates and fees for Community Development is hereby amended to read as follows: 9. Fence Building Permit Fee per BMC 17.04.040(c)21.02.230 ...........$25.00 SECTION 6. Severa b ilitv. If anyone 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 7. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2006 CECIL McCONNELL, Council President Approved this day of ,2006 CARY BOZEMAN, Mayor 4 BMC 2.13 Technical Corrections ATTEST: PAULA JOHNSTON, City Clerk PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\Legal\Legal\Ordinances\legal\2.l3 technical corrections.doc APPROVED AS TO FORM: ROGER A. LUBOVICH, City Attorney 5 BMC 2.13 Technical Corrections DATE SUBMITTED: April 17, 2006 BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7 ............................................................................./........... SUBJECT: Approval of CDBO Progmm Administrator starting salary Committee Meeting Date: April 26, 2006 COUNCIL MEETING Date: May 3, 2006 Department: Comm Development Presenter: Hugo; Spencer Phone: 473-5243; 473-5283 SUMMARY: The Director ofDCD proposes to offer the vacant CDBO Program Administrator position to Betsy Howe, the current CDBO Program Coordinator. Betsy has been in her position since March of2005 and has shown great dedication and ability to manage complex federal program grants. Betsy is fully familiar with the Administrator duties and ready to assume them. The Director has negotiated salary compensation and proposes making this appointment at a level above Rate 1 in Pay Band 11. By BMC 2.50, the Council must approve any starting salary above Rate 1. ATTACHMENTS: FISCAL IMP ACTS (Include Budgeted Amount): None. The higher starting salary is within the 2006 budgetfor this position. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECtOR: MA YOR: :;:7' ~~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I RECOMMENDED MOTION: Motion to approve the hire of the CDBG Program Administrator at . . /) (' . 1/ "',,>,;1' / .t-. /1 A._ ~- ., '. y. /.:;;.'.... Band 11, Rate 4.fi';:,i-~;JJ..",.;t.4...-<..1.,.,~~u--/ C1"""'".;t..l,:::0-t.'v'(,~..//;L' ~c:lU./ .I/"../'LJ" I' all /:'(:Z'f.~L/ # U. 1/ ! ' , " ,-,,-,;..<. .",/ , ( V I" I /-.. V ."./ f,..-/ COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL .~ ........................................................................................ SUBJECT: Public Hearing to approve ordinance No_amending several sections of the Zoning Code, BMC title 20. Committee Meeting Date: 4-19-06 COUNCIL MEETING Date: 5-03-06 Department: DCD Presenter: Nicole Ward Phone: 360-473-5279 SUMMARY: The action before the Council is to conduct a public hearing and adopt Ordinance No._ amending several sections of the Zoning Code, BMC title 20. ATTACHMENTS: 1. Ordinance No._ including Plamling Commissions Findings and Conclusions 2. Staff Memo FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA D I RECOMMENDED MOTION: Move to pass Ordinance No,_ to amend several sections of the Zoning Code, BMC title 20. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ORDINANCE NO. AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending numerous sections ofthe Zoning Code, Title 20 of the Bremerton Municipal Code. Modification occurs in several sections including development standards, sign code, nonconforming uses, and administrative provisions. WHEREAS, the City Council adopted ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application ofthe new zoning code the need for several minor modifications have been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in BMC 20.18.020(d), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the comprehensive plan and to be consistent with other city, state, and federal codes, regulations and ordinances; and WHEREAS, these minor amendments are consistent with the City's Comprehensive Plan, County wide Planning Policies, The State Growth Management Act, and other city, state, and federal codes regulations and ordinances; and WHEREAS, on February 26,2006 the proposed Zoning Code amendments were circulated to the State Agencies for the requisite 60-day review and comment period; and WHEREAS, on March 11, 2006 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on March 21, 2006 the Planning Commission conducted the public hearing on the minor Zoning Code amendments and formulated a recommendation for City Council consideration; and WHEREAS, on March 21, 2006 a SEP A DNS was issued for the proposed action with an administrative appeal deadline of April 4, 2006 and no appeals were filed; and WHEREAS, on April 22, 2006 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on May 3, 2006 the City Council conducted a public hearing and considered all testimony prior to their decision; NOW, THEREFORE, 1 Title 20 Amendments THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Table 040, Type II Director Decisions of Chapter 2.02 of the Bremerton Municipal Code entitled "Project Permit Processing Procedures" is hereby amended to read as follows: TYPE II DIRECTOR DECISIONS Application Type Determination of Notice of Notice of Notice of Completeness Application Hearing Decision (1) Administrative conditional use Yes Yes No Yes permit (2) Binding site plan Yes Yes No Yes (3) Demolition permit (requiring Yes Yes No Yes SEPA) (4) Fill and grading permit Yes Yes No Yes (requiring SEP A) (5) Nonconforming administrative No Yes No Yes continuance* (6) Type II permit or approval No No No No revocation (7) Site plan review (requiring Yes Yes No Yes SEP A) (8) Shoreline permit revision Yes Yes No Yes (9) Shoreline substantial Yes Yes No Yes development permit (10) Short subdivision Yes Yes No Yes (11) Wetland or stream assessment Yes Yes No Yes (12) Wetland or stream Yes Yes No Yes development permit Building and other (13) construction permits (requiring Yes Yes No Yes SEP A) (14) Modification of critical area Yes Yes No Yes standards (requiring SEP A)** .(ill Stand alone non-project SEP A No No No No *Notice of Application shall be mailed to property owners within 300 feet of the subject property and the notice of decision shall be issued within 60 days. **Procedures for modification of critical areas are detailed within the specific sections of the critical area regulations in Chapter 20.14 BMC. 2 Title 20 Amendments SECTION 3. Section 20.10.030 of the Bremerton Municipal Code entitled "Time of Filing" relating to Comprehensive Plan Amendments is hereby amended to read as follows: 20.10.030 TIME OF FILING Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development by April I st between the first business day in January to the first business day of April inclusive of each even-numbered year. Applications shall be submitted on forms prescribed by the Department. Incomplete applications will not be accepted for filing. Requests received after April I st-the deadline shall be resubmitted during considered in the next even-numbered year amendment process. SECTION 4. Chapter 20.42 of the Bremerton Municipal Code entitled "Definitions" is hereby amended by adding, in alphabetical order, the definition of "Detached," and amending the definition of "Paved Surface" as follows: DET ACHED means any residential structures on the same lot that are not connected and have a fire separation of no less than six feet as defined in section R 302 of the IRC. For commercial structures see the International Building Code. PAVED SURFACE means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low impact development technologies such as 'grass crete' or pervious pavement, which provide a hard surface while allowing for water penetration shall not be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar non- bound materials. SECTION 5. Section 20.44.060 entitled "Accessory Structure Setbacks" ofthe Bremerton Municipal Code relating to General Standards is hereby amended to read as follows: 20.44.060 ACCESSORY STRUCTURE SETBACKS (a) Accessory structures shall observe the front yard setbacks requirements of the zone in which they are located except for intrusions per BMC sections 20.44.10, 20.44.30, and 20.44.40. (b) Accessory structures in residential zoning districts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear property line adjoins an alley. (c) Accessory structures for the keeping of livestock or fmyl shall conform to the requirements of Bremerton Municipal Code, Chapter 7.08.700. SECTION 6. Section 20.44.090 entitled "Rounding of Fractions of Dwelling Units" of the Bremerton Municipal Code relating to General Standards is hereby amended to read as follows: 3 Title 20 Amendments 20.44.090 ROUNDING OF FRACTIONS OF D"'ELLINC UNITS In several instances throughout the code the number of units allowed may end in a fraction due to the mathematical equation used to determine allowable units. For instance t+he number of dwelling units allowed on property using density calculations is determined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.50~. In no case shall setback requirements be rounded. SECTION 7. Subsection 20.46.080(b)(8) of the Bremerton Municipal Code relating to mineral resource extraction in Special Standards is amended to read as follows: (8) The site shall be restored after quarrying activities are completed. A landscaping and site reclamation plan shall be required with the conditionalspecial use permit and the City may require a security guarantee for restoration. SECTION 8. Subsection 20.46. 120(a) of the Bremerton Municipal Code relating to outdoor storage areas in Special Standards is amended to read as follows: (a) It shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence except for single family residential homes on individual lots. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. SECTION 9. Subsection 20.48.060(a) of the Bremerton Municipal Code relating to Residential Parking Development Standards is amended to read as follows: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles, such as, but not limited to, automobiles, campers, trailers, and boats, shall have a paved surface. SECTION 10. Section 20.48.260 of the Bremerton Municipal Code entitled "Drive- Through Stacking Requirements" relating to Parking is amended to read as follows: 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS Drive-through stacking requirements can be found in BMC 11.12 Any land use containing dri'o'e through services or drive through service bays shall provide "stacking spaces" in accordance vo'ith the follm:ving (a)Designed to accommodate vehicles awaiting service and prevent them from extending into a public right of \vay; (b )i\ minimum of four (1) stacking spaces shall be provided for each lane on the entrance side and one (1) space on the exit side; (c )Service bays and drive through lanes shall not be designed to be entered from both sides; (d) Circulation and stacking areas shall not be counted tovo'ard the required off street parking spaces; and (e) Stacking requirements shall not apply to auto service facilities such as gas stations, 4 Title 20 Amendments service stations, and auto r~pair garages, unless found to be necessary to prevent extending into a public right of way. SECTION 11. Subsection 20.50.050(1) of the Bremerton Municipal Code relating to the clear vision triangle as it relates to landscaping is hereby amended to read as follows: (1) Clear Vision Triangle: A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the 3-8 ft. clear area; _ (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the Clear Vision Triangle relief from the maximum setback may be granted thorough a type I director decision. SECTION 12. Subsection 20.52.090(b) of the Bremerton Municipal Code relating to general sign regulations is amended to read as follows: (b) Extension above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof except that in the DC, DW, and BC zones, up to 50% of the area of a wall sign that is integrated into an architectural facade design element to define the primary entry to the premises may proiect above the parapet of a flat roof, provided that all components of the sign are only visible to public view on the primary entry side of the building. SECTION 13. Section 20.52.130 of the Bremerton Municipal Code entitled "Special Purpose Sign Regulation" is amended to read as follows: 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special purpose signs shall comply with the requirements for the commercial zone as prescribed in BMC Section 20.52.100. When an established business use is located in the Low Density Residential zone, the special purpose sign regulations shall apply. In addition, the following shall apply: (a) Freestanding Signs: (1) Sign Area: The maximum area of a freestanding sign shall be limited to fifty (50) square feet. (2) Number of Signs: Only one (1) freestanding sign allowed per each street frontage. (3) Height: The height of a freestanding sign shall not exceed six (6) feet. 5 Title 20 Amendments (b) Building S~igns: (1) Sign Area: The aggregate area of all building signs, projecting signs, and other signs attached to buildings shall not exceed one-hundred (100) square feet. (2) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained. (c) Illumination: When located within the Low Density Residential zone, the sign shall not be illuminated between the hours of 10:00 PM and 7:00 AM. SECTION 14. Subsection 20.54.060(f) ofthe Bremerton Municipal Code relating to Nonconforming Uses is amended to read as follows: (f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained if the work does not rostore it from substantial destruction. (1 ) Restore a structure from substantial destruction, as defined in this section, for the purpose of resuming a non-conforming status; or (2) Extend the normal life expectancy of the structure through the replacement of maior structural components more substantial than those contained in the structure at the time it became a non-conformity. SECTION 15. Subsection 20.54.070(b) of the Bremerton Municipal Code relating to Nonconforming Structures is amended to read as follows: (b) Expansion: Buildings may be expanded provided: (1) A nonconforming structure may be enlarged, extended or structurally altered provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development requirements of the zone in which the structure is located. (2) Structures not conforming to the setback may be expanded by up to twenty percent (20%) of the g.f.a. and to the building line provided the enlargements do not further violate setback requirements. SECTION 16. Subsection 20.60.040(j) of the Bremerton Municipal Code relating to conditional uses in Low Density Residential zones is amended to read as follows: (j) following: Schools, Parks and Associated Uses may be approved in accordance with the (1) The following uses are permitted through approval of a Conditional Use P ermi t: facilities; (i) All public schools and associated gymnasium and auditorium; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one-half (0.5) acres; (iv) Outdoor Athletic Fields; (v) Boat Launching and related facilities; (vi) Maintenance & Service Yards; (vii) Bus and other vehicle and equipment maintenance and storage 6 Title 20 Amendments (viii) Administrative office related to the facilities greater than 2,000 square feet gross floor area; (ix) Buildings and Structures for nonprofit groups on public lands; (2) Uses permitted pursuant to BMC Section 20.60.040(j)(1) shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum height for any new construction may be increased to match the architecture of existing buildings provided that it is set back an additional foot from any property line for each additional foot of allowed height, and in no case shall the new construction exceed 45 feet. (iYH) Landscaping is provided meeting the minimum requirements for non-residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (tv) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet provided it enhances safety and security around an outdoor play area. SECTION 17. Section 20.60.065 of the Bremerton Municipal Code entitled "Allowable Density and Lot Area" relating to Low Density Residential zones is amended to read as follows: 20.60.065 ALLOWABLE DENSITY AND LOT AREA The purpose of this Section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development at densities equal to or slightly higher than existing residential densities in the vicinity, to encourage neighborhood compatible infill over time. The following density and lot area standards are applicable to development within the zone: (a) Minimum Density: The minimum required density is five (5) dwellings per acre. (b) Maximum Density: The maximum allowed density is subject to neighborhood compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f), and the following corresponding target densities: Neighborhood Average Lot Area: Maximum Target Density (Net) (Dwellings Per Acre): (1) Low 7,501 +,wG-sq ft or greater (2) Medium 6,001 to 7,500 sq ft (3) Hif!h 6,000 sq ft or less (2)6,200 sq it to 7,199 sq ft 6 .8. 10 7 7 Title 20 Amendments (3)5,500 sq ft to 6,199sq ft (4)5,000 sq ft to 5,499 sq ft (5)Loss than 5,000 sq ft 8 9 10 (c) Maximum Lot Area: The maximum lot area is 8,712 square feet, with the following exceptions: (1) The lot area may be modified through the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060; (2) One (1) lot within a proposal for a division ofland may exceed 8,712 square feet provided the remaining lots do not exceed the 8,712 square feet maximum lot size; and (3) A Flag Lot that complies with the requirements in BMC Section 20.44.100 may exceed the 8,712 square feet provided the total area of the Flag Lot does not exceed 13,068 square feet. _ (d) Minimum Lot Area: The minimum allowed lot area is subject to neighborhood compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f), and the following corresponding lot area: Neighborhood Average Lot Area: Minimum Lot Area Allowed: (1) Low 7,501 ~ sq ft or greater (2) Medium 6,001 to 7,500 sq ft (3) HiJ!h 6,000 sq ft or less (2) 6,200 sq ft to 7,199 sq ft (3) 5,500 sq ft to 6,199 sq ft (1) 5,000 sq ft to 5,499 sq ft (5) Loss than 5,000 sq ft 6,000~ sq ft 5,000 sq ft 4,300 sq ft 6,200 sq ft 5,500 sq ft 5,000 sq ft 1,300 sq ft (e) Exception to Minimum Lot Areas and Maximum Tan?:et Density: (1) The minimum lot area may be modified through the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060, provided the development complies with the target density requirement set forth in BMC Section 20.60.065(b). (2) The minimum lot area in a center may be modified pursuant to BMC section 20.60.066 (c) (3) One (1) remainder lot within a proposal for a division of land may be less than the minimum allowable lot area, provided it is in no smaller than 4,300 square feet, and provided the reduction is the minimum necessary to create the other conforming 10t(s). (f) Determining Neighborhood Compatibility and Neighborhood Average Lot Area: New development is required to be compatible with the density of the surrounding neighborhood. Compatibility is determined by calculating the average lot area of all existing lots within three-hundred (300) feet from the outer boundaries ofthe site subject to the following standards: (1) All lots greater than 8,712 square feet shall be rounded down to 8,712 square feet to determine average lot area; 8 Title 20 Amendments (2) Tne current platted and un-platted tax lot boundaries recorded with the Kitsap County Assessor shall be used to determine average lot area; (3) Flag Lots meeting the requirements in BMC Section 20.44.100 shall have their lot area divided by one and one-half (1.5) to be used to determine lot area; (4) All lots containing two (2) or more dwelling units (not including Accessory Dwelling Units) and all lots containing non-residential uses shall be rounded down to 4,300 square feet to determine average lot area; (5) All lots containing multi-family residential uses with twenty five (25) or more units shall be considered ten lots with area of 4,300 square feet each for the purposes of this calculation. No further bonus is allowed regardless ofthe number of units exceeding twenty five ill1 (5).'\11 lots ':lith commercial, industrial, or special district zoning shall not be included in the average lot area caloulation. (g) Target Density / Minimum Lot Area Discrepancy: Should a discrepancy arise between the number of subdividable lots allowed through the use of the Minimum Allowable Lot Area and the Target Density, the Minimum Allowable Lot Area shall be the controlling factor in cases where nine (9) or fewer lots are being created, and the Target Density shall be the controlling factor in cases where ten (10) or more lots are being created. SECTION 18. Section 20.60.100 of the Bremerton Municipal Code relating to sign standards in Low Density Residential zones is amended by adding subsection (b) to read as follows: (b) When an established business use is located in the Low Density Residential zone, the special purpose sign regulations in BMC chapter 20.52.130 shall apply. SECTION 19. Subsection 20.92.060(g) of the Bremerton Municipal Code relating to development standards in Employment Centers is hereby amended to read as follows: (g) Maximum building height: Eighty (80) feet for residential uses, and Sixty (60) feet for non-residential uses. For mixed uses, the building height will be based on the use that predominately (50% or greater) occupies the structure. SECTION 20. Severability. If anyone or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 21. Effective Date. This Ordinance shall take effect and be in force ten (10) days from and after the date of passage as provided by law. PASSED by the City Council the day of ,2006 CECIL McCONNELL, Council President 9 Title 20 Amendments Approved this day of ,2006 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: P AULA JOHNSTON, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2006 ,2006 R:\Legal\Legal\Ordinances\Conununity Development\2005 Zoning Code Amendment\Title 20 technical corrections.doc 10 Title 20 Amendments Exhibit A e'=FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary - Since the adoption of the new Zoning Code on November 30,2006 the need for several minor amendments have been identified during the practical, day to day use and application of the code. BMC chapter 20.18 "Text Amendments" of the Zoning Code direct staff to bring amendments that result in any substantive change to content or meaning through the public process and to the Planning Commission for review and recommendation. I. FINDINGS OF FACT 1. Project Description Minor modifications to the Zoning Code are proposed in different sections of the code. The proposed amendments include changes to the development standards, sign code, nonconforming uses, and administrative provisions. 2. Procedural History 2.1 Feb. 26, 2006 sent CTED notification 2.2 Mar. 11, 2006 Notice of Public Hearing 2.3 Mar. 21,2006 Issuance of SEPA DNS 2.4 Mar. 21,2006 Planning Commission Public Hearing 3. Public Comment 3.1 Individuals providing verbal testimony at Planning Commission public hearing: a. Adam Brockus 4. SEPA Determination A SEPA Determination of Non-Significance (DNS) has been issued. The comment period ended on April 4,2006, no public comments were received. 5. Consistency Amendments to the Zoning Code Zoning code text amendments shall meet the decision criteria outlined in BMC 20.18.020 (d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to the Zoning Code text if the criteria outlined below are met. 21.18.020 (d) (1) allows amendments to the Comprehensive Plan if it is consistent with the goals and policies of the Comprehensive Plan. The amendments are very minor and uphold the objectives and goals of Comprehensive Plan. These amendments do not change the intent or purpose of the Zoning Code, which was adopted in November 2005 to become consistent with the Comprehensive Plan. Exhibit A 21.18.020 allows amendments to the Comprehensive Plan if it does not conflict with other city, state and federal codes, regulations and ordinances. The amendments to the Zoning Code do not conflict with any other regulations. II. CONCLUSIONS & RECOMMENDATION Based on the findings above, Planning Commission concludes that The Zoning Code amendments meet the requirements in BMC 20.18.020, text amendments to the Zoning Code and therefore recommends the adoption of the amendments to the Zoning Code. Respectfully submitted by: Executive Secretary Approved by: John Cockburn, Chair DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Nicole Ward, City Planner Date: April 15, 2006 Subject: Minor Zoning Code Amendments SUMMARY Since the adoption of the new Zoning Code on November 30,2006 the need for several minor amendments have been identified from day to day use and application of the code. BMC chapter 20.18 "Text Amendments" directs staff to bring amendments that result in any substantive change of content or meaning to a public hearing by the Planning Commission and then City Council for review and adoption. The proposed modifications include changes to the development standards, sign code, nonconforming uses, and administrative provisions. Following this memo in Attachment I is an amendment narrative explaining the reason for each proposed change and the text of the actual section of code with changes in legislative markup format (with underlined text denoting additions and strikoout indicating deletions). Staff is including two additional amendments for your consideration. A detailed explanation of these amendments can be found in Attachment II discussing the reason for the changes and the text of the actual section of code with changes in legislative markup format. The proposed ordinance does not contain the amending language for either of these proposed changes and a subsequent amending motion will be required to include them into the ordinance. OPTIONS · Adopt both the Planning Commission and staff recommended changes to the Zoning Code as presented in Attachments I and II. · Adopt the changes proposed by Planning Commission in Attachment I · Adopt the Planning Commission's recommended changes to the Zoning Code with modifications. · Deny the Planning Commission's recommend changes to the Zoning Code. ATTACHMENTS · Attachment I - Description of Planning Commission recommended changes · Attachment II - Additional staff recommended amendments · Attachment III - Planning Commission meeting minutes Attachment I Narrative of Proposed ZoninQ Code Amendments Location of the Amendment in the Ordinance - Section 2, page 2 Amendment Description Add stand alone SEPA review to table 20.02.040 as a Type II director decision. Stand alone SEPA review was in the table in the previous Zoning Code and was unintentionally left out during the update process. This addition is for projects that do not require a permit and only require the SEPA analysis, such as code adoption or the sale of city property that is subject to public use. Proposed Amendment TYPE" DIRECTOR DECISIONS Application Type Determination of Notice of Notice of Notice of Completeness Application Hearing Decision (1 ) Administrative conditional Yes Yes No Yes use permit (2) Binding site plan Yes Yes No Yes (3) Demolition permit Yes Yes No Yes (requiring SEPA) (4) Fill and grading permit Yes Yes No Yes (requiring SEPA) Nonconforming (5) administrative No Yes No Yes continuance* (6) Type II permit or approval No No No No revocation (7) Site plan review (requiring Yes Yes No Yes SEPA) (8) Shoreline permit revision Yes Yes No Yes (9) Shoreline substantial Yes Yes No Yes development permit (10) Short subdivision Yes Yes No Yes (11 ) Wetland or stream Yes Yes No Yes assessment (12) Wetland or stream Yes Yes No Yes development permit Attachment I Building and other.:; (13) construction permits Yes Yes No Yes (requiring SEPA) Modification of critical (14) area standards (requiring Yes Yes No Yes SEPA)** .(ill Stand Alone Non-Project No No No No SEPA - - Location of the Amendment in the Ordinance - Section 3, page 3 Amendment Description Change the time of filing requirements for Comprehensive Plan Amendments. Currently the applications are due on April 1 st. This is problematic because April 1 st could fall on a Saturday or Sunday depending on the year. Wording should also be added to clearly mark the start of the application process so that applications are not coming in over a two year period and instead only come in during an application window. Proposed Amendment 20.10.030 TIME OF FILING Applications to amend the Comprehensive Plan shall be submitted to the Department of Community Development by /\pril1st between the first business day in January to the first business day of April inclusive of each even-numbered year. Applications shall be submitted on forms prescribed by the Department. Incomplete applications will not be accepted for filing. Requests received after April 1st-the deadline shall be resubmitted durinq considered in the next even-numbered year amendment process. Location of the Amendment in the Ordinance - Section 4, page 3 Amendment Description Add the definition of detached structure to the definition section. Clarification needs to be made as to how much distance is required to be considered "detached" because there is a discrepancy between the required setbacks for attached and detached buildings. Detached buildings are not required to have as restrictive setbacks however it is not clear as to how far apart two structures have to be to qualify as "detached". The International Residential Code requires six feet of separation to ensure protection from fires spreading from one structure to another. The definition in the Zoning Code should require the same distance for consistency and safety. 2 Attachment I Proposed Amendment 20.42 DEFINITIONS "Detached" means any residential structures on the same lot that are not connected and have a fire separation of no less than six feet as defined in section R 302 of the IRC. For commercial structures see the International Buildinq Code. Amendment Description In 20.42 the definition of paved surface is lacking the word "not" which changes the entire intent of the definition. The intent is for pervious pavement to "not" be classified as a paved area. Planning Commission also recommended removing the examples of low impact development because they are not defined in the Zoning Code and could lead to confusion. Proposed Amendment PAVED SURFACE means a surface paved with asphalt, concrete, concrete pavers, brick or similar durable materials. Low impact development technologies such as 'grass crete' or pervious pavement, which provide a hard surface while allowing for water penetration shall not be classified as paved areas. Paved areas do not include gravel, crushed rock, and similar non-bound materials. Location of the Amendment in the Ordinance - Section 5, page 3 Amendment Description In General Standards, 20.44.060 part (c) accessory structures and setbacks should be deleted. Part (c) discusses the accessory structures for the keeping of livestock and fowl, however these animals are not allowed within the city and therefore the .city should not have provisions for structures to house such animals. Proposed Amendment 20.44.060 ACCESSORY STRUCTURE SETBACKS (a) Accessory structures shall observe the front yard setbacks requirements of the zone in which they are located except for intrusions per BMC sections 20.44.10, 20.44.30, and 20.44.40. (b) Accessory structures in residential zoning districts may be constructed no closer than three (3) feet from the side or rear property lines that adjoin other property. No setback is required if the side or rear property line adjoins an alley. (c) I\ccessory structures for the keeping of livestock or fowl shall conform to the requirements of Brcmerton Municipal Code, Chapter 7.08.700. ,.., -' Attachment I Location of the Amendment in the Ordinance - Section 6, page 3 & 4 Amendment Description Change the decimal place at which the city rounds up to a whole number at when the number of units ends in a fraction and include all sections of the code that would round units. Currently the rounding up point is at .66, this should be changed to .50 because it is a more common and logical decimal to round at and would allow for a slightly greater density which works towards the urban goals of Bremerton. Currently the city uses the .66 for all situations where decimals occur however the section only specifies dwelling units. The section should include parking, landscaping, floor area ratios, density, and lot area. Proposed Amendment 20.44.090 ROUNDING OF FRACTIONS OF D'J'IELLlNG UNITS In several instances throuqhout the code the number of units allowed may end in a fraction due to the mathematical equation used to determine allowable units. For instance t+he number of dwelling units allowed on property using density calculations is determined by dividing the lot size by the number of square feet permitted per dwelling unit. When this number results in a fraction, round up to the next whole number (unit) when the fraction of whole number is at least 0.50 G-:-B6. In no case shall setback requirements be rounded. Location of the Amendment in the Ordinance - Section 7, page 4 Amendment Description In Special Development Standards, 20.46.080 (b) (8) under mineral extraction there is reference to obtaining a special use permit, this should be exchanged with a conditional use permit because a special use permit no longer exists; it has been replaced with the conditional use permit. Proposed Amendment 20.46.080 MINERAL RESOURCE EXTRACTION. (b) (8) The site shall be restored after quarrying activities are completed. A landscaping and site reclamation plan shall be required with the Conditional Speci31 Use Permit and the City may require a security guarantee for restoration. 4 Attachment I Location of the Amendment in the Ordinance - Section 8, page 4 Amendment Description Exempt single family residential homes from being required to shield refuse containers by a 6 foot high solid wall or sight obscuring fence. 20.46.120 (a) requires all refuse containers in all zones to be shielded by a 6 foot high solid wall or sight obscuring fence however the intent is not to shield residential garbage cans, rather large scale dumpsters. Previously screening requirements were in the Landscaping section of the code, which exempts all residential uses, by moving this section to special standards the exemption disappeared. Requiring screening for residential garbage cans does not conform to the requirements of 20.46.020 (1) (ii) which requires the maximum height of a fence within the front yard setback or area to be three feet tall in residential zones. Proposed Amendment 20.46.120 OUTDOOR STORAGE AREAS. All uses that include outdoor storage areas and all refuse containers shall, in addition to any underlying zoning requirements, meet the following criteria. (a) It shall be surrounded by a six (6) foot high solid wall or sight-obscuring fence except for sinqle family residential homes on individual lots. The wall or fence shall be considered a structure and shall conform to the setbacks of the underlying zone. (b) Outdoor storage of materials shall not exceed six (6) feet in height when visible from a public right-of-way. Outdoor storage yards shall meet landscaping requirements for non-residential uses. Location of the Amendment in the Ordinance - Section 9, page 4 Amendment Description In Parking, 20.48.060 (a), development standards the word motorized should be removed to account for all other types of vehicles, such as campers, trailers and boats. Currently these other types of vehicles are not required to be parked on paved surfaces because they are not motorized. Planning Commission requested examples of such vehicles be added to the code for clarity. Proposed Amendment 20.48.060 RESIDENTIAL PARKING DEVELOPMENT STANDARDS The following provisions apply to off street parking spaces for all residential developments: (a) Surface: Driveways and areas used for loading, parking and maneuvering motorized vehicles, such as but not limited to automobiles, campers, trailers, and boats, shall have a paved surface. 5 Attachment I Location of the Amendment in the Ordinance - Section 10, page 4 Amendment Description Delete the section 20.48.260, drive through stacking requirements in the parking section. The city engineer reviews applications that deal with stacking lanes and use of the Right of Way and has identified this section as unnecessary because of the already existing provisions in BMC 11.12. Having these regulations is duplicative and therefore not necessary in this chapter. Instead a reference to the appropriate section should be added. Proposed Amendment 20.48.260 DRIVE-THROUGH STACKING REQUIREMENTS. Drive-throuqh stackinq requirements can be found in BMC 11.12 Any land use containing drive through services or drive through service bays shall provide "stacking spaces" in accordance with the follmving (a)Designed to accommodate vehicles a'Naiting service and prevent them from .. . . , (c)Service bays and drive through lanes shall not be designed to be entered from , (d)Circulation and stacking areas shall not be counted to'Nard the required off , Stacking requirements shall not apply to auto service f3cilities such as gas stations, service stations, and auto repair garages, unless found to be necessary to prevent extending into a public right of way. Location of the Amendment in the Ordinance - Section 11, page 5 Amendment Description Add language to the clear vision triangle requirements to make an exception for structures that, due to visibility issues, cannot meet the setback requirements and the clear view triangle requirements combined. A structure located on a street corner or intersection may require a clear vision triangle so that vehicular traffic can see around the building. This may require the building to be located further from the road than the setback requirements allow. In this case the building should be as close to the required setback as the clear vision triangle will allow. Proposed Amendment 20.50.050 (I) Clear Vision Triangle: A clear-vision area shall be maintained at the intersections of streets, alleys and commercial driveways, or combinations thereof as determined by the City Engineer with the following requirements: 6 Attachment I (1) A clear-vision area shall contain no plantings, fences, walls, other structures, or visual obstructions within a vertical area extending from three (3) feet to eight (8) feet above the ground, measured from the established centerline of the street, alley or driveway; (2) The foregoing provision shall not apply to: (i) A tree trimmed to the trunk within the 3-8 ft. clear area; (ii) Other plant species that are so planted and trimmed as to leave a clear and unobstructed cross-view in all seasons; (iii) A supporting member or appurtenance to a permanent building lawfully existing on the site; (3) Where the maximum setback conflicts with the Clear Vision Trianqle relief from the maximum setback may be qranted thorouqh a type I director decision. Location of the Amendments in the Ordinance - Sections 12 & 13, page 5 I Section 18, page 9 Amendment Description Add provisions to 20.52 Sign Standards to allow for wall signs above flat roof parapets in the downtown zones. The City has prohibited roof signs on buildings in all zones for many years. Wall signs are also precluded from extending above the parapet (the top line of a flat roof). The prohibition on roof signs should be maintained, but an allowance for wall signs above a parapet is appropriate under specified architectural conditions. The proposed code amendment allows up to 50% of the area of a wall sign to project above the parapet, provided that the sign is integrated into the architectural design of the main entrance to a building and only visible to the public on that side of the building. Proposed Amendment 20.52.090 GENERAL SIGN REGULATIONS. The following regulations apply to signs in all zone districts. (a) Vision Clearance. Signs shall conform to the clearance requirements of BMC Section 20.52.060. (b) Extension above Rooftop. No sign that is attached to a building shall extend above the highest point of the roof except that in the DC, OW, and BC zones, up to 50% of the area of a wall siqn that is inteqrated into an architectural facade desiqn element to define the primary entry to the premises may project above the parapet of a flat roof, provided that all components of the siqn are only visible to public view on the primary entry side of the buildinq. (c) Window Signs. Signs placed on the inside of windows and directed toward the outside of a building shall be included in the total sign area calculations. (d) Canopies and Awnings. Signs placed on projecting canopies and awnings, whether lighted or not, shall be calculated only for the area of the canopy or awning taken up by the sign itself. 7 Attachment I (e) Landscaping. All freestanding signs shall have a landscaped island at the base of the sign equal to, or greater than the sign area. Amendment Description In Signs, 20.52.130 special purpose signs should include provisions for established businesses located within the R-1 0 zone. This was an oversight and should have been included originally. Also for the convenience of use a reference should be added to the Low Density Residential section referring readers to 20.52.130 for special sign use requirements. Proposed Amendment 20.52.130 SPECIAL PURPOSE SIGN REGULATIONS. Special purpose signs shall comply with the requirements for the commercial zone as prescribed in BMC Section 20.52.100. When an established business use is located in the Low Density Residential zone, the special purpose siqn requlations shall apply. In addition, the following shall apply: (a) Freestanding Signs: (1) Sign Area: The maximum area of a freestanding sign shall be limited to fifty (50) square feet. (2) Number of Signs: Only one (1) freestanding sign allowed per each street frontage. (3) Height: The height of a freestanding sign shall not exceed six (6) feet. (b) Building Signs:. (1) Sign Area: The aggregate area of all building signs, projecting signs, and other signs attached to buildings shall not exceed one-hundred (100) square feet. (2) Number of Signs: There is no limit to the number of individual building signs provided the maximum aggregated sign area is maintained. (c) Illumination: When located within the Low Density Residential zone, the sign shall not be illuminated between the hours of 10:00 PM and 7:00 AM. 20.60.100 SIGN STANDARDS Signs shall meet the standards of BMC Chapter 20.52 and the following: (a) One (1) sign with a sign area of up to eight (8) square feet may be allowed to advertise a permitted Bed & Breakfast provided it matches the architectural features of the primary residence. (b) When an established business use is located in the Low Density Residential zone, the special purpose siqn requlations in BMC chapter 20.52.130 shall apply. 8 Attachment I Location of the Amendment in the Ordinance - Section 14, page 6 Amendment Description Add language to the repair and maintenance section of nonconforming uses to prohibit specific activities that were disallowed in the previous Zoning Code and inadvertently left out. Nonconforming uses should be allowed to be repaired and maintained. However nonconformities should not be allowed to restore a structure from substantial destruction, or extend the normal life expectancy of the structure through the replacement of major structural components that are different than those contained at the time it became a nonconformity. Language was present to exclude these activities in the previous Zoning Code. Staff believes it was inadvertently left out during the update and therefore should be added. Proposed Amendment 20.54.060 NONCONFORMING USES. The following provisions shall apply to all uses meeting the definition in BMC Section 20.54.040(b): (f) Repair and Maintenance: A building or structure containing a nonconforming use may be repaired and maintained if the work does not restore it from subst::mtial destruction. (1) Restore a structure from substantial destruction, as defined in this section, for the purpose of resuminq a non-conforminq status; or (2) Extend the normal life expectancy of the structure throuqh the replacement of major structural components more substantial than those contained in the structure at the time it became a non-conformity. Location of the Amendment in the Ordinance - Section 15, page 6 Amendment Description Add language to nonconforming structures to allow for expansions up to 20% so long as the structure is not becoming more nonconforming. This would enable structures to make minor modifications and become more conforming without having to tear down and rebuild the entire structure. By only allowing a 20% increase, major changes would still require the structure to come into compliance with the Zoning Code, but small alterations would be allowed. Proposed Amendment 20.54.070 NONCONFORMING STRUCTURES. The following provisions shall apply to all structures and buildings meeting the definition in BMC section 20.54.040(c): (a) Continuation: Any legally established nonconforming structure may be continued until such time that it is discontinued as prescribed in BMC section 20.54.070(c). 9 Attachment I (b) Expansion: Buildinqs may be expanded provided: ffiA nonconforming structure may be enlarged, extended or structurally altered provided the enlargement or alteration complies with the setback, height, lot coverage, and other site development requirements of the zone in which the structure is located. (2) Structures not conforminq to the setback may be expanded by up to twenty percent (20%) of the q.f.a. and to the buildinq line provided the enlarqements do not further violate setback requirements. (c) Damage or Destruction: A nonconforming structure experiencing substantial destruction shall be considered discontinued and have its nonconforming status terminated. Any subsequent repair or reconstruction of the structure shall comply with the requirements of the zone. (d) Partial Damage or Destruction: A nonconforming structure suffering from less than substantial destruction may have its nonconforming status suspended for a time period determined by the Director and be considered conforming for the purpose of improvements and repair, if : (1) The structure is damaged by fire or other casualty not intentionally caused by the owner or tenant and a complete building permit application is filed within one (1) year of such fire or other casualty; or (2) A building permit application is submitted prior to partial destruction. The building permit must remain active and if it is allowed to expire, the legal nonconforming status shall terminate and subsequent repairs and improvements shall comply with the requirements of the zone. (3) In no case shall the nonconformity be allowed to expand. (e) Repair and Maintenance: Normal repair and maintenance work on a nonconforming structure may be performed that maintains continued safe and sanitary conditions. Location of the Amendment in the Ordinance - Section 16, page 6 Amendment Description Allow school buildings located within the low density residential zone an additional 10 feet of height through the use of a conditional use permits. The maximum allowed building height in the R-10 zone is 35 feet; this would allow schools to be 45 feet tall to accommodate such structures as gymnasiums and auditoriums. School buildings, even elementary schools, commonly have gymnasiums, auditoriums, multi-purpose rooms and multiple-floor classroom configurations that exceed the base 35 foot height limit. This proposed revision allows building additions to match the design and functional character of existing school facilities in height. An additional condition for additional setbacks is specified to mitigate the impacts of any additional height allowed with the granting of a CUP. Also, the word "uses" needs to be added to the title to make a complete sentence. ]0 Attachment I Proposed Amendnient Add the following language to BMC 20.60.040(j)(2)(iii): I 0) Schools, Parks and Associated Uses may be approved in accordance with the following: (1) The following uses are permitted through approval of a Conditional Use Permit: (i) All public schools and associated gymnasium and auditorium; (ii) Private schools (K-12) with thirteen (13) or more students; (iii) Parks and playgrounds greater than one~half (0.5) acres; (iv) Outdoor Athletic Fields; (v) Boat Launching and related facilities; (vi) Maintenance & Service Yards; (vii) Bus and other vehicle and equipment maintenance and storage facilities; (viii) Administrative office related to the facilities greater than 2,000 square feet gross floor area; (ix) Buildings and Structures for nonprofit groups on public lands; (2) Uses permitted pursuant to BMC Section 20.60.0400)(1) shall be subject to complying with the following conditions: (i) Front, side and rear yard setbacks of structures and outdoor storage areas shall be at least thirty (30) feet; (ii) Setbacks may be reduced for those portions of a structure fronting interior streets; (iii) The maximum heiqht for any new construction may be increased to match the architecture of existinq buildinqs provided that it is set back an additional foot from any property line for each additional foot of allowed heiqht, and in no case shall the new construction exceed 45 feet. (iYH) Landscaping is provided meeting the minimum requirements for non-residential uses prescribed in BMC Chapter 20.50. Additional landscaping for screening purposes may be required if it is found necessary to mitigate any impacts to adjoining residential properties; (fv) Additional measures may be required if deemed necessary to mitigate any noise impacts to adjacent residential uses; and (vi) The maximum height of a fence or wall within a front yard setback may be increased to six (6) feet provided it enhances safety and security around an outdoor play area. 11 Attachment I Location of the Amendment in the Ordinance - Section 17, pages 7-8 Amendment Description Amend Section 20.60.065 in the Low Density Residential (R-1 0) Chapter to allow slightly denser infill development, and to simplify the calculation of neighborhood compatibility. After several months of reviewing proposals for infill subdivisions in the R- 10 zone it became apparent that the adopted method for measuring compatible infill development was overly restrictive for subdividing lots. Several examples of potential infill subdivisions that appeared to be perfectly compatible with the neighborhood were not allowable by the neighborhood average lot area calculation. The 300' radius method and the rounding method result in unintended outcomes for the potential subdivision of infill parcels. Specific issues include the following: · The 300' radius brings lots into the calculation that look and feel very remove_d from the context of a site. · The rounding for multifamily buildings does not give adequate weight to large multifamily developments. · Lots with commercial, industrial, and other non-residential uses are 'thrown out' of the calculation instead of being rounded down to promote more infill near mixed-use areas. The calculation of neighborhood average lot area also seems somewhat cumbersome with five levels (6, 7, 8, 9 or 10 Units per Acre). The five gradations leave very little flexibility for slightly denser infill development. Additionally, actual achievable density in units per acre is unintentionally restricted by the minimum lot area in cases where any new road or access way is needed. The department believes that the intent of the provision is good, but it just needs some adjustment to allow for the appropriate amount of infill density. Suggested revisions are as follows. Amended code text and some case examples are provided below. · Change the radius for calculation of neighborhood average lot size from 300' (about one full city block) to 150' (about one half city block). · Round down the lot size for commercial, industrial and other non-residential uses to the small end lot size, 4,300 SF, instead of removing them from the calculation. · Count multi-family structures with 25 or more units as 10 lots of size 4,300 SF to give more weight to large multifamily developments. (Currently the calculation only counts such developments as one 4,300 SF lot. Proposed Amendment 20.60.065 ALLOWABLE DENSITY AND LOT AREA The purpose of this Section is to establish compatible levels of density within existing neighborhoods. The intent is to allow infill residential development at densities equal to or slightly higher than existing residential densities in the vicinity, to encourage 12 Attachment I neighborhood compatible infill over time. The following density and lot area standards are applicable to development within the zone: (a) Minimum Density: The minimum required density is five (5) dwellings per acre. (b) Maximum Density: The maximum allowed density is subject to neighborhood compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f), and the following corresponding tarqet densities: Neighborhood Averaqe Lot Area: Maximum Tarqet Density (Net) (Dwellinqs Per Acre): (1) Low 7,501 7,200 sq ft or greater (2) Medium 6,001 to 7,500 sq ft (3) High 6,000 sq ft or less (2)6,200 sq ft to 7,199 sq ft (3)5,500 sq ft to 6,199 sq ft (1)5,000 sq ft to 5,499 sq ft (5)Less than 5,000 sq ft 6 8 10 7 8 9 10 (c) Maximum Lot Area: The maximum lot area is 8,712 square feet, with the following exceptions: (1) The lot area may be modified through the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060; (2) One (1) lot within a proposal for a division of land may exceed 8,712 square feet provided the remaining lots do not exceed the 8,712 square feet maximum lot size; and (3) A Flag Lot that complies with the requirements in BMC Section 20.44.100 may exceed the 8,712 square feet provided the total area of the Flag Lot does not exceed 13,068 square feet. (d) Minimum Lot Area: The minimum allowed lot area is subject to neighborhood compatibility and the neighborhood average lot area as determined in BMC Section 20.60.065(f), and the following corresponding lot area: Neighborhood Averaqe Lot Area: Minimum Lot Area Allowed: (1) Low 7,501 +-,-2:00 sq ft or greater (2) Medium 6,001 to 7,500 sq ft (3) High 6,000 sq ft or less (2) 6,200 sq ft to 7,199 sq ft (3) 5,500 sq ft to 6,199 sq ft (1) 5,000 sq ft to 5,199 sq ft (5) Less than 5,000 sq ft 6,000+-,-2:00 sq ft 5,000 sq ft 4,300 sq ft 6,200 sq ft 5,500 sq ft 5,000 sq ft 1,300 sq ft (e) Exception to Minimum Lot Areas and Maximum Target Density: 13 Attachment I (1) The minimum lot area may be modified through the approval of a Residential Cluster Development pursuant to BMC Section 20.58.060, provided the development complies with the target density requirement set forth in BMC Section 20.60.065(b). (2) The minimum lot area in a center may be modified pursuant to BMC section 20.60.066 (c) (3) One (1) remainder lot within a proposal for a division of land may be less than the minimum allowable lot area, provided it is in no smaller than 4,300 square feet, and provided the reduction is the minimum necessary to create the other conforminq lot(s). (f) Determining Neighborhood Compatibility and Neighborhood Average Lot Area: New development is required to be compatible with the density of the surrounding neighborhood. Compatibility is determined by calculating the average lot area of all existing lots within three-hundred (300) feet from the outer boundaries of the site subject to the following standards: (1) All lots greater than 8,712 square feet shall be rounded down to 8,712 square feet to determine average lot area; (2) The current platted and un-platted tax lot boundaries recorded with the Kitsap County Assessor shall be used to determine average lot area; (3) Flag Lots meeting the requirements in BMC Section 20.44.100 shall have their lot area divided by one and one-half (1.5) to be used to determine lot area; (4) All lots containing two (2) or more dwelling units (not including Accessory Dwelling Units) and all lots containinq non-residential uses shall be rounded down to 4,300 square feet to determine average lot area; (5) All lots containinq multi-family residential uses with twenty five (25) or more units shall be considered ten lots with area of 4,300 square feet each for the purposes of this calculation. No further bonus is allowed reqardless of the number of units exceedinq twenty five (25). (5),^.lIlots with commercial, industrial, or special district zoning shall not be included in the average lot area calculation. (q) Tar~et Density I Minimum Lot Area Discrepancy: Should a discrepancy arise between the number of subdividable lots allowed throuqh the use of the Minimum Allowable Lot Area and the Tarqet Density, the Minimum Allowable Lot Area shall be the controllinq factor in cases where nine (9) or fewer lots are beinq created, and the Tarqet Density shall be the controllinq factor in cases where ten (10) or more lots are beinq created. 14 , , , , i . I ~ / .....-1---_-' .L_Jf;a 9 Ie I1Y ~_~L-~/"/ _..._~:1 Olnfill.~~_~_$itr'-EXja"1pteT" .---.: (----------.---- . i W~th [Draft New 150' Radiusl I I! : i I , I ' , i i ii, i' i I i Gray lPar91els are J~ncluded ip Cialc~lation Table I' I," I . i ; I . ., 1 ! I __""'1_1___+ ._"J:ccc=":;;c""!"=T",,,,L~=.=._,,...J.r-~,,,,-,,",.,"....l.-~."~..=.=.:':'.J.::=::;:.~_"._ 'i I I ' ! I i i --...-----.. --; f--- __ - _' ~_ _. __ - _I !.. i DIBB ST (j1-(I~t~J"j .'1' <? ~. I i rr ~" ! \.."r-i ~ <"/'\ fr::lc......,f i j ,- 1 . 'I . I' . . , . __..__,:;L_.-~_-. , ! I I j ! ! , _,L_l__ '----.r----- ---r''----.j ....i___...... , ' , ; i .. I i I II! F~:=:._===~-31~S-c:'--,--::: .....:1 i I-.....---..._-_..___.,.-L.._._~ I I 1---.--:-.-.---.---./ : I j I i ,..........~.....__... -- -- -_~~1 i I E31STST i I ! ! I.._...~-_.._--,...._J......._---_.._----..~i i , i r-...----;...---j ii, : i I . I ! I---'--L~~-=-J I ! i I I--...-.....--L...-._-,---i ~ I C) I ;5 i ----i-"-~'\..:----r~- . ---.\, i I : I e,' j Ii" i <( ~ '\ V. 0. e"..----.!' '-1 ' . ftP'- 6.\~' i ~'O'\ ~~'O I c:> ~'3-~ -I I ! i 1 , ~._._.;_.....----I I I I , > ! ! ~ ---) z I~ ,0:: i I I. 1 -.-~--~.....M..---i j ! 1 ! 1 f-..-I I __H_'~' j i L.....__J i I ' ---'[-'--1 i Ii'. I I 1-'1 1 "_MO."\. --_...._..-~ . ......-...-- > ~ Z ell o 0:: -...-...._..._1 ! I j E'30THST .. >- ~ ;:: z o I- ~ W J: ;:: ----------j 1 "-'''---'--''''-'- i I I 1 ! ..i i I I I I I I I I .----"'l i I i I I ! i I I I I ~_.__...--{ I I I r-"-'--~ , ! I, I t-===:=====~~. I I WI E29THST mhh'''~ I I IT---'T-,T~ Ii' I ! ! ~.--j I II I 'I I ' , r-'rJ--iL!-~_j ~---------------__ !. I----I! I.' ................. .._-.,_~: I, i ~." .., __--.-,._--....... :'-...l.... II I . . I -', --..---.. I / . i""""" . ..........,- i / .' . J ~ "~---L_ ! / I ' --...,.- ---... I ,"-, / ,i I "~I ---.________ Sf-!~I? ---.~: I '-.. IDA,Iv.......--.J i // :-... I r-------- I?D --~...... J // r -----"~_._I ,.11 / ~r--..~r--..... ~'... ; r ; cr f ...." / t J ( :5 / ---.,..----- I ) / I I , I rJ_._.. I I 1--- i L,____ L-"l I I I I I -~"~ I 1 -....~ I j ~-----~_! j' ---...J..... ----. ,,:--.- , Eagle Ave. R-10 Infill Density Example RP AeeL ID Area (SF) Rounded Prop. Class Notes 1131861 10,403 8712 111 1132042 3,826 3,826 111 1132034 4,075 4,075 111 1480706 7,862 7,862 111 1132067 4,090 4,090 111 1132059 5,870 5,870 111 1132075 4,120 4,120 111 1132083 4,856 4,856 111 1480698 8,988 8,712 111 1480680 8,500 8,500 111 1131838 9,240 8,712 111 1132109 3,850 3,850 111 1132117 5,132 5,132 111 1131796 15,400 8,712 111 1484484 7,407 7,407 111 1132133 4,694 4,694 111 1132125 4,447 4,447 111 2385797 4,175 4,175 111 1484492 6,892 6,892 111 1132141 4,626 4,626 111 1132158 4,358 4,358 111 1131846 4,300 Comm. Rounded 1131739 7,700 7,700 111 1484500 6839.72 6,839 111 Neighborhood A vg. 5,936 R-10 Class High (Below 6,000 SF) Target Density 10 DU I Acre Minimum Lot Size 4,300. Site Size 8,712 Allowable Units 2 Ib \ ' \ \ Anderson ICove\ , , I , R-1p-mf~-Ufensity Exam~le V\TiTh Draft! Nevv 1'50' RadIus Glr~y parcbls are "Included in Calculation Table I I i \ I \ \ I \ \ , \ \ I ( \ I \ I \ i \ ' I \ I I ~I I~ ---Jt;: ~ t~.~\r {{(.,j-l MeN"( ~e ~\-o-~ \)0\ t>-\e-o-S\ e\S \~ e~ r.\,\C o~ .~\~ ~v...\ S\ . eC\. ~~\t;;.1 se~ sv'Ov. \)e \o'{ . oe \.0 <(..c\) ~\~ \ \\.'(\ sv'O o\.Cj ~ ,-,,1- v ;:::, -q:: <: E 10 <: ~ o 10 I I i , I --.. , / OJ / '/ (~;:::,( I \~/ ~(/11! I /-.1/ / / 0 I I ~; , I / / I / 1 / / 1 I / -----(------_J ; , ,/ / / I ~I :g;i <(I z p/iJ I I I ill I !> I I ~ , I- 10::: Iw I I~ I I~ I 2' I ! I I I I III I I \ \ \ \ \. \. ! I , I Ii I' , li Anderson Cove R-10 Infill Density Example" RP Acct ID 1134394 1134402 1134543 1143049 1421163 1421171 1421254 1421601 1421635 1870617 1879741 2007995 2010817 2439321 2439339 2252658 Area SF Rounded Prop Class Notes 24624.77 8712 111 SF 15619.84 8712 910 Vacant 6001.04 - 480 Utilities 9462.72 4300 121 Duplex 7552.9 4300 121 Duplex 7335.91 4300 121 Duplex 8290.51 4300 121 Duplex 12975.02 8712 111 SF 6799.27 4300 121 Duplex 46670.98 8712 911 Vacant 170894.54 - 911 Water Parcel 5385.88 4300 121 Duplex 4526.27 4300 121 Duplex 6644.3 4300 910 Vacant 6196.46 6196 111 SF 124434.95 137 25+ Units .---------------------------------------------------------------- 4300 Bonus 4300 4300 4300 4300 4300 4300 4300 I : 4300 I : 4300 1_____________________________________________________----------- Neighborhood Average R-10 Class Allowable Density Minimum Lot Size Site Size (Combined) Allowable Units 5,150 High 10 DUlAcre 4,300 SF 1.18 12 Acres Units (Below 6,OOOSF) Vb I Iii i ~erAve. ~ ' , ~ ~-1 0 Infill ~ensity E~aHp'e I I ~ lNith D~aft ~ew 150' ~~dtius~ II <iGray Parca-Is are-lttelddled in ctalculatio _ U I I I 11,1 I \ I / , I / i ' / :r-H 8T t=J I I I e\ .1e ,,\'~( . '-4\1,) ~\eG sv.~ SV dt \'f\0. ~ I~ -...I -...I <( U I I I II I ~_I I J $ ~ ~ I I I I I I Ilq LJ I I I 1- '1._1r"^' , ~. - _ - r- , a I If ,f'<{)-".''''i' I e ?; ! . I <( I I cr I I /'" ---- I I I J / -7 / 'i--J /! 'AN~ / ( I'S'ON I / Sr I . - I 1'1 ~ Icr W Z <( cr ~ z o I- (j) :) o I Snyder Ave. R-10 Infill Density Example RP Acct 10 Area SF Rounded Prop Class Notes 1142868 9214.8 8712 111 1142850 9214.76 8712 111 1143809 9570.01 8712 111 1142827 9214.91 8712 111 1142835 9214.91 8712 111 1143817 13203.92 8712 111 1142801 4607.34 4607 111 1143825 7499.86 7500 111 1142793 4607.43 4607 111 1142777 4814.23 4814 111 1142785 7426.18 7426 111 1143833 7541 .31 7541 111 1142769 4400.62 4400 111 1142736 11037.07 8712 111 1143841 8909.88 8910 111 1142751 4814.26 4814 111 Neighborhood Average 7,225 R10 Class Medium Target Density 8 Dut Acre Minimum Lot Size 5000 SF Site Size 9,215 Allowable Units 1 Remainder Lot of 4.215 is too small. "to Attachment I Location of the Amendment in the Ordinance - Section 19, page 9 Amendment Description Add building height limits for mixed use structures in the Employment Center. Height limits are clearly defined for residential and non-residential use buildings in this zone, however there no set requirements for a mixed use structure. Height limits should be added to the section based on the predominant use of the building. Proposed Amendment 20.92.060 DEVELOPMENT STANDARDS. Development shall be in accordance with the following standards: (a) Minimum density for residential uses: Fifteen (15) dwelling units / acre; (b) Minimum side yard setback: Zero (0), except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (c) Minimum rear yard setback: Zero (0), except where abutting the low density residential zone the minimum setback shall be twenty (20) feet, plus an additional setback of one (1) foot for each foot of height above thirty-five (35) feet; (d) Minimum front yard setback requirements: Zero (0), except that for residential uses with garages facing a public right of way, the garage shall have a setback five (5) feet greater than that of the principal structure; (e) Maximum building coverage: Sixty-five percent (65%) base maximum, provided that through the use of any combination of the following, building coverage may be increased to a maximum of eighty-five percent (85%); (1) Projects with two or more stories: Ten percent (10%) bonus; (2) Projects containing mixed uses: Ten percent (10%) bonus; (3) Projects incorporating at least fifty percent (50%) of required parking underground or within the structure: Twenty percent (20%) bonus; (f) No maximum development coverage provided all setbacks and landscaping requirements are met; (g) Maximum building height: Eighty (80) feet for residential uses, and Sixty (60) feet for non-residential uses. For mixed uses, the buildinq heiqht will be based on the use that predominately (50% or qreater) occupies the structure. 21 Attachment II Narrative of Staff Proposed Additional Amendments Amendment Description Amend Section 20.44.070 "Measuring the Height of a Structure" so that maximum building height of peaked roofs is measured to the average roof height, not the peak of the structure. The old Zoning Code and a majority of other jurisdictions measure in this manner. The measurement method was modified in the new code based on the assumption that it would be easier to work with; however through practical use staff has found this not to be the case. The current measurement method encourages the construction of flat roofs, and in some cases does not allow for flexibility to construct functional m'ultistory buildings. Strong support from developers has been expressed for peaked roofs and more flexibility for building them. Measurement to the average roof height instead of to the peak would achieve these objectives and encourage architectural variety. The change would be fully consistent with the Comprehensive Plan since the measurement method, not the actual height allowance is being changed. This change would also require the definition of average roof height to be added to the definition section of the code. Proposed Amendment 20.44.070 MEASURING THE HEIGHT OF A STRUCTURE The height of a building or structure shall be measured as the distance from the average final grade to the highest point of a flat roof, to the deck line of a mansard roof and to the averaqe roof heiqht of the hiqhest qable of a pitched roof. of the structure. Exceptions: Penthouse for elevators, firewalls, chimneys, and flagpoles, may exceed maximum height limits. None of these exceptions to the height regulations shall be used for advertising of any kind. :E i FLAT HAN'SARV PITCHED Chapter 20.42 DEFINITIONS "Height, Average Roof" means the averaqe heiqht of a structure's hiqhest roof. Calculation of averaqe roof heiqht shall be made by measurinq the vertical distance to the midpoint of the tallest roof or qable taken from averaqe final qrade. In cases where the tallest roof is not symmetrical, the averaqe roof heiqht shall be taken at the side of the tallest adioininq wall. Page 1 of3 Attachment II Amendment Description The title of 20.79 currently reads Multiple Residential; it should read High Density Residential because this is more consistent with wording both within the section and other related sections. Within the first sentence of the section when discussing the intent the section calls for "high density residential use." The title of the counterpart Chapter 20.60 currently reads "Low Density Residential". Renaming this section would make the code more logical and user friendly by having low and high density residential uses with similar commonsense titles. Proposed Amendment 20.79 HIGH DENSITY RESIDENTIAL (HDR) MULTIPLE RESIDENTIAL (MR) 20.79.010 INTENT. The intent of Hiqh Density Residential (HDR) Multiple Residenti31 (MR) zone district is to support the Downtown Regional Center with opportunities for high density residential use. Attached multifamily units are encouraged to take advantage of the unique views and nearby amenities such as shorelines, recreational opportunities, or access to ferries and transit. There is an intentional reduction in parking requirements and an increase in building coverage to accommodate high density pedestrian-oriented development in this most accessible of neighborhoods. Amendment Description Section 20.46.070 provides provisions to allow the reuse of public and semi-public facilities. These facilities could include such items as police stations, fire stations, schools etc. Staff believes that the allowed uses could be clarified that a government building could be converted from one government use to another. Proposed Amendment 20.46.070 ADAPTIVE REUSE OF PUBLIC AND SEMI-PUBLIC BUilDINGS. The intent of these provisions is to provide opportunities for reusing functionally obsolete public and semi-public buildings that are structurally sound with new uses to extend their economic life. The adaptive reuse shall not be granted if the new use adversely affects adjacent properties. Consideration shall be given to the relative intensity of the proposed use compared to the intensity of the planned land use environment. (a) Approval of a Type III conditional use permit pursuant to BMC 20.58.020 is required when an adaptive reuse is for a building located within a residential zone. The adaptive reuse shall meet the following criteria in order to be granted approval: (1) New traffic shall be accommodated within the existing levels of service on the surrounding neighborhood streets. Page 2 of3 Attachment II (2) Provisions for off-street parking are made. The Hearing Examiner may reduce the number of off-street parking spaces if commute trip reduction methods are employed and the adaptive reuse does not generate an increase in on-street parking demand. (3) The new use does not generate noise that exceeds City standards for residential zones. (4) Adequate street trees and landscaping are incorporated in a manner that buffers the adaptive reuse from adjacent residential uses and makes it more compatible with the surrounding neighborhood. (5) Additional conditions may be applied including, but not limited to, limiting hours of operations, density, restrictions for noise attenuation and other conditions deemed necessary to ensure compatibility with surrounding residential uses. (6) The subject building must have been constructed for a stated public or semi-public use and operated as such for a minimum of five (5) years. For the purposes of this section, "public and semi-public building" shall include public schools, fire stations, libraries, churches, hospitals, aOO post offices~ and other public uses. (b) The following uses may be approved for adaptive reuse: (1) Residential, no density limit, provided no new floor area is constructed; (2) Foster homes; (3) Day care facilities; (4) Group residential facilities, Class I (assisted living); (5) Youth, teen, senior, or community centers; (6) Medical and dental clinic and related services (not hospitals); (7) Religious worship facilities; (8) Libraries; (9) Museums and art galleries; (10) Consultants (architect, engineering, planning, design and similar); (11) Computer assistance and training (but not repair); (12) Office/business assistance services, call centers, and general offices; (13) Social services/facilities; (14) Welfare and charitable services/facilities; and (15) Government Use or Services Page 3 of3 Attachment "' SUBJECT TO APPROVAL ON 5/16/2006 Minutes for City of Bremerton Planning Commission Regular Meeting March 21 2006 The meeting was called to order by Commissioner Cockburn 'a I. Call to Order II. Those present were: Commissioner Cockburn, , "Mi'C% mission~- Friedberg-Nerf; Co mISSIOner Hoell, Commissioner Mosiman, Commission~ d Commissio Streissguth. Quorum certified. Also present: Chris Hugo, Andrea Spen9~J;"Nicole Ward, G ~::::~::::::::::':':; -.','-.." , (DCD staff). III. Commissioner COCkb',~,!lfli!f~~f~'<iuced the approve the agenda a~",pt~sented.:l'i'i w~s agreed by general consensus to fMinutes .::: :,::::,,;,':::::[~f!{_(\,:_' The minutY~ilof">tfie,sp Commi/6~er Cod<:15 seco~d y Commissi 2006, as,\,~~~,nted. Calle Nerf: Yes; Commissioner Abstain; Co~ffif':'. oner Strei ial Mee!~~? held on 'ebruary 7, 2006 were presented for approval by A m~t" n 'Yas made by Commissioner Friedberg-Nerf and Hoell pprove the Special Meeting Minutes of February 7, a vot\t,:Commissioner Cockburn: Yes; Commissioner Friedberg- Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: uth: Yes. The motion carried. The minutes of the'V!~,t~1 eeting held on February 14, 2006 were presented for approval by Commissioner Cock~:Wt:tt A motion was made by Commissioner Friedberg-Nerf and seconded by Commissioner Streissguth to approve the Special Meeting Minutes of February 14, 2006, as presented. Called for a vote: Commissioner Cockburn: Yes; Commissioner Friedberg-Nerf: Yes; Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Abstain; Commissioner Streissguth: Yes. The motion carried. The minutes of the Special Meeting held on February 28, 2006 were presented for approval by Commissioner Cockburn. A motion was made by Commissioner Kosusko and seconded by Commissioner Hoell to approve the Special Meeting Minutes of February 28,2006, as presented. Called for a vote: Commissioner Cockburn: Yes; Commissioner Friedberg-Nerf: Planning Commission Meeting March 21, 2005 Page 1 of 12 Attachment III SUBJECT TO APPROVAL ON 5/1612006 Abstain; Commissioner Hoell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman: Abstain; Commissioner Streissguth: Abstain. The motion carried. v. Public Meeting A. Call To The Public (public comments on any item not on tonight's agenda). Commissioner Cockburn asked if there were none, he closed this portion of the meeting. B. Seeing Public Hearin2:: 1. Minor Changes to the Zoning Code: Nicole~td, Cit anner, began the staff presentation on the changes to the zoning code".{(Sl+~"+feviewedfollowing proposed changes: · Amendment #1: Add a stand alon i~: . Director Decisions;"''' · Amendment #2: Change the filing datel'~~~i~ ent"on the application to amend the Comprehensive Plan to read "between "JaJiuary 1 st and the first business day of April"; · Amendment #3: Correc 020.46.080, 20.48.060(a), 2 \ · Amendment #4: Add the definition 0 <if\\\. .-4-\.-" · Amendm~~!i;?:~:~:;}h;f-n:end 9.20.~~~~O, Me . so that maJ\~171um' ul mg heIght IS;,.measured the average roof heIght, not the peakg~'~~~structu . dd a new d~~.nition for average roof height; · Amehdri1~1l~;(;~6:;,.ange the dec1~aJ:yplace at which the City rounds up to a whole nUri1b~?ii~hen.t~~11~mbergf4hriits ends in a fraction. This will include all 'ons ofthS'G~~~th~i(;~~.... . n:rt~; t #7";\~~)~ll1Pt single-family residential homes from being required to Gontain~r .... )1,.,fi6-foot high solid wall or sight obscuring fence; Amendmen " Dele 20.48.260, Drive Through Stacking Requirements; endment...h,: Add?language to the clear vision triangle requirements to make -tc<~ exception (eJl structures that, due to visibility issues, cannot meet the setback r f;!?~~ents~ND the clear view triangle requirements; · Am:eH~=;:WI0: Add provisions to 920.52, Sign Standards, to allow for wall signs abg.ye flat roof parapets in the Downtown zones. · Amendm:~nt #11: Add language to the repair and maintenance section of non- conforming uses to prohibit specific activities that were disallowed in the previous zoning code and inadvertently left out; · Amendment #12: Add language to non-conforming structures to allow for expansions up to 20%, so long as the structure does not become more non- conforming; · Amendment #13: To allow school buildings located within the low density residential zone an additional 10 feet of height through the use of a Conditional sections 20.42, 20.44.060, -~{w Planning Commission Meeting March 21, 2005 Page 2 of 12 Attachment III SUBJECT TO APPROVAL ON 5/1612006 Use Permit to accommodate stmctures such as gymnasiums and auditoriums; add the word "Uses" to the heading to make complete; · Amendment #14: Amend 920.60.065, Low Density Residential (R-IO),to allow slightly denser infill development and to simplify the calculation of neighborhood compatibility; · Amendment #15: Add building height limits for mixed-use stmctures in the Employment Center. In Amendment #1, Commissioner Kosusko asked for cla~~;ftti~t'iqp as to why staff did not feel a stand-alone SEP A required notification of D~t~rininadon of Completeness, Notice of Application, .Notice of Hearing, or Notic~;;iiPf .ecision. Andrea Spencer, Planning Manager, used the sale of publicly ownecl.~;~rope '?,:~ich requires a SEP A revi~~, as ~n example. Th~ sale requires a publi,~li~i!~ril{;g and nO~~ii~;~ut the SEP A is an admmIstratIve process and IS posted on the pro en:)' and m the newsp er. ff suggested Commissioner Hoell noted in Amendm~ wording it as "the first business day of J anuar In Amendment #3-(3), Commt~~.!~oner Friedberg~ f asked if removing the word "motorized" would imply the in;~1~,,~1pg of campers"ii111~ltrs,and boats in the paved parking requirements. Staff sai~i~ZW~;~~i:"i Several comt~~~io~ers expressed concem over the appearance of encouragmg~~~Ident~i~Y~ mor~,of theIr property and felt that non-motorized vehicle~ would have le~,in;~~cen~is~~entally than motorized vehicles. Chris Hugo, PI~~,~,!~ Director, eXR~(lined thereil,'was the concem of maintenance performed on ap(iiiliquid 'pping from\~~e non-motorized vehicles. The amendment is also a resul!6 zen c laints to thei!iifitt s Code Enforcement Officer as well as correcting an erro~,ous 0 sion which oC~!$rred in the transfer of information from the previous code to thi e 6ted that there was no definition for "pervious surface;' ~: 'r-;::\~:f~'i:'<<Y'~ cross-reference should be made to the Low Density ent #3-(5) referring to 920.52.130. There'"~~:!I,discussio~1:.regarding if there was tmly a need to change the descriptive heading'in.sg~0.79, Mitfiiple Residential (MR) to High Density Residential (HDR). ~\.--- - .:',: :,',' Commissione eissguth asked for the source of the six-foot separation requirement on detached stmctures (Amendment #4). Staff explained that requirement was directly from the Fire Code. Commissioner Kosusko commented that the definition for detached structures was too broad and the six-foot separation requirement may not apply to structures that are not residential. Chris said staff would verify if this term is used anywhere else in the code before presenting to Council. There was discussion on Amendment #5, with Commissioner Streissguth and Commissioner Kosusko stating a change to the adopted roof height measurement goes against the thoughts and work that went into the original decision. Chris explained that Planning Commission Meeting March 21, 2005 Page 3 of 12 Attachment III SUBJECT TO APPROVAL ON 5/1612006 the adopted method is difficult to work with and did not consider this amendment a correction to an error but a necessary return to the previous method. For Amendment #8, Commissioner Kosusko suggested keeping the chapter section and making a reference to BMC 11.12 instead of deleting the section all together. Commissioner Hoell asked for clarification on Amendment #7, wanting to know if the amendment would affect S20.46.l20(a) through (c), or just (a). said it would affect only (a). In Amendment #9, Commissioner Hoell suggested may be granted. Chris recommended adding S20.50.060(1)(3). Commissioner Streissguth asked for exam Windermere building on Park Avenue all,d ovated'.Quilding on Pacit, 'venue were given as examples. Commissioner Friedbergs~rf ai?Ketl.jf this would dll1nge any sign dimensions already in effect. Staff said it would n:tib::1!ril. ....... Regarding Amendment #11, Co had been removed from the updat Chris replied that it had not; it was been contrary to land use rules. ioner Streissgu ..,.....~ked if S20.54.060(f)(1) & (2) !l.ing",code as a resu:l~~...ifi1,City Council workshops. "1h((k..I,II'""'. ......,".,1.';'; t' I' . '. or. A de1ilJerate omission would have 4/ ~!9 was ....,.. . . cussio~:~~.Amendment #14 and how the counting of dwelling units tors into the de 1. calcul" pof a proposed development. ,t~ . Co~i%ssioner Cock>>JJrn opehed public comment on this item. '~ '<""'w~;, lit Adam If' us, 114~f:i:Perry Avenue: "Some of you probably also know I'm a City Council m r. dffBy the way, we went through the Critical Areas Ordinance; we had a few am . ents on it, and what I found kind of valuable from the experience is it's better to chang - to fix things here and not once we get on to the Council. But we can. All right. Amendment 2: I spotted the problem with January first like the good Commissioner, but I think, maybe, a word that should go in at the end between the first business day in January and the first business day of April, we should put the word 'inclusive' so that somebody knows that they can come in at 4:30 PM on April 2nd or whatever it turns out to be and they have until that time. OK. Amendment 5 on the measuring the height of the structure and the average [roof] height. I came in thinking of some of the Tudor-type houses that we have around with the very steep sloped roofs and I had this imagination of somebody twisting and bending this so much that you almost get Planning Commission Meeting March 21, 2005 Page 4 of 12 Attachment III SUBJECT TO APPROVAL ON 5/16/2006 a Eiffel Tower as long as the average height gets in there they can, you know, get something in there that can go up 60 feet and still reach that average thirty-five foot height. So I don't, I would have to say I kind of disagree with this and maybe what we want to think about is maybe a minimum slope to some houses, especially in an R-lO zone, with a maximum height that may be altered or changed or looked at by you guys. I will say, on just about every building plan, there is - they do show the slope of the roof at some point in it. Let's see, moving on. The roof sign, Amendment 10: where would the Manette TV sign go? Well, there we go." [Chris Hugo: "It's j\!st a legal non- conforming sign."] "I will say that will be looked at. May I~;~91iie~J.the Commission Board head to give me extra time since I've got flashing y~Mw here?" [Commissioner Cockburn: "That's fine."] "Thank you. OK, going pash nd I'll say, I'll ask at my district meeting if anyone has some affectation to tha . B s we're going through the sub-area process for the Neighborhood Center'j~e'ilt;Jike to n eye out for that. . . ".-::}1!dEt':w;':-. "'i(. ' . OK, gomg to Amendment 14, m Manette we doli.... aveTa>property th e to mmd. It's .;-.'.;l<' kind of a semi-flag lot at 17th and Perry. T erg"s one l~rge house but 1 '. s in~o a very large open space that has not been develoR~ w wo'til.~ this affect tha' ce? Would it just be ripe for sub-division and going thrOll w~RJa2t~is more or Ie push it more towards a large multi-family residential spot?" [ ",,'A"ssioner Cockburn: "17th would be out of the Center, so it'd be R-lO."] "R-10 - so m.""".:family would not be permitted in that part? [Chris Hugo: "No. it would be s110!( .vided. OK. That was a little clarification." [Chris Hugo: "AI t. . g the sign:r0vision here doesn't affect that sign over there, anyway, l\~:Fal ." ly appli.iir 0 the Downtown zones. That sign's covered by the Sign Code<~d i!<b.e lowed there for ever, anyway."] "That's.Q~~n.grandfatheredt~ "K, but another example came in was :;-'!;-:_:-:;:,::,:':::,-?VY~:'-';;!?1?,~y::;;:;__ ' _ ,.-, also, you know.....................!..<<.:.:...:...~.:.J6lCt1Yil1K...........................:....:..........:...0...........'. f Seattle, y .' hink of pfobab 1 y two things: the Space Needle and ~b~.~~~e Plac~~~rket sign. Ifli.~~mebody came in with a thing saying, you know, you got ~,.g~~.~~sig tnat'll be on the~!~!;lt:lings right out front of the ferries that say "Welcome to Breriie'v,,, .' .'er. e........................p........................o......................'.s..........s.....i..b.......i.l..J....t. ;i'es of that ever happening or this shoots it ~::':~:::'::,;'~:' - ", '.. -___';__'l~ ',:, righ~o ..... ris u.Q~.!;iL. IS isiac'tl}!ilJly a relaxation of the code. Up until now, you cotllCln't 0 t waY.L'~ut if somebody comes in with a Bremerton Place Market, then '11 probably r at tH "K, let's see. And then the final one, back to ndment 15, YOl!:.ii:' ow, I' . oing to decide to hold off on comment on that one, but it ing with the. ximum building height. I thank you for all your work and really out it. Se u at the next public comment." Coc urn asked if there were any other public comments on this item. 5sed this portion of the meeting. Moving on to Commission deliberation, Commissioner Streissguth asked to revisit Amendments #3 and #5. Andrea recommended voting on each amendment separately to avoid a lengthy narrative in trying to approve fifteen amendments with modifications in one motion. Commissioner Kosusko suggested deleting the phrase, "such as 'grass-crete' or pervious pavement" from Amendment #3-(1). He also felt that the MR zone should not be Planning Commission Meeting March 21,2005 Page 5 of 12 Attachment III SUBJECT TO APPROVAL ON 5/1612006 renamed High Density Residential (HDR) in #3-(6). Commissioner Streissgutb agreed that the MR zone should not be renamed until more information regarding the proposed change is available. A motion was made by Commissioner Kosusko and seconded by Commissioner Streissguth to recommend to City Council Amendment #1 to the Bremerton Zoning Code as written. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; It~~ll:YyYes; Kosusko: Yes; Mosiman: Yes; Streissguth: Yes. The motion carried.enrir< ,/dilY e A motion was made by Commissioner Frie~:~berg- 'V~j~;~{ and seconded by Commissioner Kosusko to recommend to S~,~~, C2uncil A... endment #2 to the Bremerton Zoning Code with the following~~4~rig'e: "between t of January and the first business day of A <H: inclusive". Called for a vote: Cockburn: Yes; Friedbe Mosiman: Yes; Streissguth: Yes. The motion ca Yes; '0 A motion was made by Commi~iQn~r Streissguth seconded by Commissioner Kosusko to recommend to City eG;ouncil Amendment 1"the Bremerton Zoning ttf^0 *", Code with the following changes: sectiOit(~~~d~~~te theil),rds "such as 'grass-crete' or pervious pavement"; section (4) d~!tHe4~~:~~~f?e; "such as campers, trailers, and boats"; sectio (~~ dd a cross-r-eftrence to thl'Low Density Residential zone; and delete secf 0 Yes; Kosusko: Yes; Called for avo, Mosiman: Yes; St otionW~s:ilii:~;~de .... .e.e..... missioner Kosusko and seconded by Commissioner ,$reissguth tore~ommend;(.. . city Council Amendment #4 to the Bremerton Zoning ,Y))Y:$@~~~ with a consi4:~~,~tion t~,iIi~ise the reference to the separation requirements of thenternational BqH~ing Code to take into account different construction types. Called fot';avote: C~:gkburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kosusko: Yes; ;~::>~'~> ,',' -', tf::~,;, Mosiman: <~:Js',Str~iS'sguth: Yes. The motion carried A motion wa,~made by Commissioner Kosusko and seconded by Commissioner Streissguth to NOT recommend to City Council Amendment #5 to the Bremerton Zoning Code. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Abstain; Kosusko: Yes; Mosiman: Yes; Streissguth: Yes. The motion carried Planning Commission Meeting March 21, 2005 Page 6 of 12 Attachment III SUBJECT TO APPROVAL ON 5/16/2006 A motion was made by Commissioner Streissguth and seconded by Commissioner Kosusko to recommend to City Council Amendments #6, #7 as written, and #8 with the addition of a reference to BMC 11.12, to the Bremerton Zoning Code. Called for a vote: Cockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kosusko: Yes; Mosiman: Yes; Streissguth: Yes. The motion carried There was additional discussion on Amendment #9 regar~ing requirements from Engineering and alternative methods of providing a c1ear"~w,at an intersection or "0 comer. ed by Commissioner Bremerton Zoning r" at the end of Called for a vote: Cockburn: Yes; Friedberg~til'erf: "JJi~1,Hoell: "<.;~#~!':\"_':"'" ,'fwWJ" '-.1, Mosiman: Yes; Streissguth: Yes. The motion ca .ied:"V " A motion was made by Comnl Hoell to recommend to City Zoning Code as written. er Streissguth mendments seconded by Commissioner QJ,.f'#15 to the Bremerton J/Y Yes; Kosusko: Yes; MosIman: -,S\ les Design GU{~lf}llles: Chris Hugo gave the staff report on . iewed{the history of the building heights of that on o,'esign guidelines for that residential area by staff akeholder meetings. He gave a PowerPoint presentation to Co w.:;,;.~~sioner Coc Chris;tttBlied that 1 ""xVY'-~'-<' design gut ~lines. rn as ed if lot coverage was an item in the design guidelines. overage was a zone code issue and would not be affected by Commissione .t.ockburn asked about the change from 450 to 600 in the side yard. Chris advisedtnat the revision allows better economic building techniques. Commissioner Friedberg-Nerf wanted to know if the City was legally within its rights to deny a developer's plan if it didn't meet the design guidelines. Chris explained that if the guidelines are adopted by the City Council, that would be a legal direction to staff to follow those guidelines. If the developer disagrees, it can be appealed to the Hearing Examiner. Planning Commission Meeting March 21,2005 Page 7 of 12 Attachment III SUBJECT TO APPROVAL ON 5/1612006 Commissioner Kosusko noted a need to define what the depth of a setback should be in example A-3 of the Design Guidelines to "break up" building width. Chris agreed. Example C-l requires setbacks for the structure, but not what the depth of the recess would be. Commissioner Cockburn opened public comment on this item. Steve Priest, Highland Avenue: "I publicly want to state a co~ple concerns, and I think it was already brought up that this document is set up to ad~,~s;s>~ structure that's sixty feet high and I think that's good. And I think design stan......,~a..lds are great. But, it's also ,,"}W'~"\ been stated that no matter what you do, a sixty-foot stl1!gt'EEL' not going to fit the scale of this particular neighborhood. So I just wanted to;:t~lk aboll,.. couple concerns based on the Comprehensive Plan. Actually, maybe I'J1.'ilju~tI}refer rig 0 that. As far as the sixty feet is concerned, and I know that what ~:~;:g5ing to say do it necessarily affect what you guys have to make a decision 0 lis evening, but I want publicly state this: in the Community Character Goals Policie$ii;pf the Comp P ieCl-B), it states, 'Ensure that new development is of e, Sg"~re, orientation an design that ~:x~:{y", 'I':, .:S?' improves upon the neighborhood's desired a .... ed character, aesthetics, and qualities.' I want to note scale i~hthere. I'm going .... "}:!JliP to one other one and then get to my point here. 'Utilize d~~'h uidelines andf. ria that are based on local community participation and the !.'. r characteri ~elopment issues of each special district or neighborhood (COI~- s my conc, n is that the community did not get to give any input on this heig t"kind of goes against what the Comp Plan says, an ublicly that's . Thanks." Adam Bro~~<,.146 Pe..,~ Avenue: ' . was. at the November 30th meeting and I was also the one'whoI~~~.. alsoi~t..the meeting t~i~!talked about the heights a few weeks ago. When I did not sec!?ng,,(l..{yn~~i,\YPJ_mcil::person's motion, what I was intending was I '~~Jj~h:~Y/":":':' "':'0~,,>%..v' " ':. "::'" :."::,, ., >,:n"~'>'-{~b_. wa~~.~ . until tlly! esigliGuidyJLties came out and then that was the better time to r~~iew t e, .............. ,60, 0 atever else that goes into it. I do have the belief that our .@i' an, our growt guld 0 . nc~ntrated into urban and Neighborhood Centers and try o create more 1 or s,.<~tban sprawl that I don't think we want in Bremerton in I think th: esignfGuidelines are a good start. I do like a lot of the things that "Y es" rath~~i than "No", especially the parking on C-4. I do have a little .~ D-l: t~ere's only one Tudor style home on Highland Avenue; I think it's s n' than Victorian area. But the thing is, I look at all of the "Yes" buildings on t ............ nd I say, 'Yes, it does do the function of what the Design Guidelines would do. Hqw do we get the sixty-foot height while keeping the neighborhood feel?' But I'm thinking of one more step that gets into that and that is how do we get a better Bremerton? Does this get us to that next step? Does this get us to the point where someone will just come in from Seattle off the ferry and say 'Wow. This is a place I want to live in; this is a place I want to raise my children in.'? And I am, unfortunately, not quite finding it in these Design Guidelines and I wish we had maybe pictures or maybe things or maybe examples that say maybe they are out there. But, you know, I consider Bremerton to be a special place. I mean, in the forties we built mighty ships that took down empires and we still had people who worked together, people who lived Planning Commission Meeting March 21,2005 Page 8 of 12 Attachment III SUBJECT TO APPROVAL ON 5/1612006 together well, and I think that is something that should be shown in our architecture, in our homes, in our residences, and I ask the question, 'Can these design guidelines take us to that step?'. I'm not saying 1 am right off saying that 1 would not vote for this Design Guidelines, or I would, but I hope you look to that. Thank you." Rachel Zeigler, Highland Avenue: "1 just want to make a couple points on record, also. At the end of our street there was a big bulletin that was put up that said, 'Hey, come give us your opinion on the 60-foot guidelines', but there was nothing saying, 'Hey, we're going to put 60-foot buildings in your neighborhood - what .~()!jYQ~think about it?' until it was already done. And I just wanted to state - 1 don't .kn....................m......o..............w.........'.' if many of you have been ~~;f.l:",., down Highland Avenue, but it's a very narrow road anq~9.a~~~;;?O-foot buildings is going to create quite the bit of traffic and I don't know ah~~t YOu;"l)W I don't really want my front yard being taken over to widen up the stree.~s.~~~ct)1tIam vei "~!1cemed about that. 1 am all for density and 1 think density has its p15!i~~;'BlltIJ don't thi 'I' oot buildings has its place on a residential street like ours. It ',ilk that t~is can be acco....gEat~d with 40- feet structures; I don't think it has to go,.:f.tl ". ixty. "I"t;;Eon't think it sh~!~~~>1but-do the City/Government building here. I feel that t . s shld;pe kept in pe,rspective and I hope that things will be looked at more closely, hop'e that in the Ihture that more public input is put out there for .yverything, even thleeting. No notice was given out for anything, it's just by chancet~~~,::~>to~nd out thing iIke this and 1 just hope that you do consider the public input, youl~?q~l1si~~~our stree , . hope many of you walk down Highland and think, 'Maybe t~y isnlt;~;;,'d idea', at"",' ,think about how you would appreciate it going up in your neighbor.91o' tto your home because your neighborhood may. t. Thanks." '.' '. rive: "1 oWJ1some property on Pleasant Avenue and 1 was rs group. I j~l~!Jwant to talk about the process because I rative oIle; it well represented, I thought, a lot of varying ~Rintqlls and terests. he staff did a good job of keeping us pointed in the right di~ttio bviously isn't an easy task with people who aren't as f.~~phisticated wi t were being dealt with. I just thought they did a good ;;tj~~lj 0 1 thought I'd >>!;<'::::~>::,_ ""-~.;,.:::;~~t Wend~'~'~.fiest, 904 ~!ghland Avenue: "1 come to you tonight as a resident of the neighbotfi~. d. 1 didnl'$:plan on addressing you so 1 hope my thoughts aren't too jumbled. 1 just wante,~~to two things: I know you are looking at specific guidelines and making your ;ision on those, but as a couple people mentioned, I want to go back to process. It w<\smy understanding, in going through this neighborhood process, we'd be able to look at the scale. And that wasn't considered and there wasn't the opportunity for people to talk about that. And ifnot there, when? And we had promised residents a sub- area plan for downtown, to look at the whole downtown. And 1 think, until we do that and we really look at where density and the highest density makes sense, and where we have structures that maybe need to be a new development really matching the old architecture. 1 think we should be really careful how we proceed. There's homes on that street that, in talking to someone at Community Trade & Economic Development, architectural historian, believe that they qualify for historic register and it could be a great Planning Commission Meeting March 21,2005 Page 9 of 12 Attachment III SUBJECT TO APPROVAL ON 5/16/2006 opportunity for a historic district. Granted, there's properties that need to be redeveloped, but that could be done in such a way. And some of the images that Chris showed for three- or four-stories would be perfect. And those three- or four-story structures could accommodate 40 - 50 units per acre which meets our density requirement of 40 units per acre. So, thank you." Donald Smithhiseler, 645 Washington Avenue: "I actually wanted to, I guess, a ditto for what Mike Brown had to say. And in addition to all you~}.~fforts, I also wanted to thank the City Council for their efforts. This has really b~ii'iaJt;;difficult road and we really need to look what is going to be the future of Bren;e~~h, nof\'only for two or three years, but for the next ten, fifteen, twenty years down t~fi<:' So, do we look forward or do we look back? Thank you very much." Chris reminded the Commissioners that no'uUdi!lgs 0 ",,;:1-0 feet in heigt can be built in the Highland/Pleasant area until after the bl{ii~~U~i1Ilieight moratorium expires, unless the City Council voted to extel;1~ the moratoriurri;,\;~~j4he moratorium is not extended, development can continue at the" of 60 feet withog!;design guidelines. He advised the Commissioners on the need '. . elines to en~~f~~:i.~ome fonn of control on development in that area. If the gUladopted, thy building height moratorium would end. " <+X::;-:_:L:_ -, Commissioner Cockburn asked if there were;:~riyothei. public c Seeing none, he closed this portion of the meyHhg. ,i::{:-:r~~;~,""/ Commissioner}'i~trei~:~:~~~.~.. spoke at l..ggth on Planning Commission's original position of ~~flgp a 40~(~~~t building heipht in the Highland/Pleasant Avenue area and the desire to=rriaig~.~ip. the\j~6mmunity cha'~ter while meeting the density requirement with that height.S.ow .~n~n a neighborhood sub-area plan would be initi~t~ . . buildinyig sea~H~sted through that process. Chris reminded the ~,Q.rllniiSSlO t thes~B[~rea plan that would affect Highland and Pleasant Avenues it\...srvers the regioH . owntowllar;~.~ which includes the ferry terminal and goes north to ''''''E.ilb reen Park; it ot jus~"'Highland and Pleasant Avenues. He reported that staff wo e taking they Council members on a tour of areas designated for annexation and suea planninlb get some guidance from the Council. Chris also said that sub- area pIa n be ad.{ffi'ted out of sequence and elements of the sub-area plan could be different fr lle S."!ttent zoning. There was extensive discussion of what building height the Design Guidelines were supporting, and what the instructions were from City Council regarding the guidelines. Chris explained that the Design Guidelines were for buildings with four or more dwelling units and were not tied to any building height. City Council had approved a building height of 60 feet in the Highland/Pleasant area and tasked staff to come up with design guidelines to help those new structures fit in. Commissioner Kosusko asked why the guidelines had been changed from structures over 40 feet tall to structures with four or more dwelling units. Staff felt that if design guidelines were to be instituted it would Planning Commission Meeting March 21, 2005 Page 10 of 12 Attachment III SUBJECT TO APPROVAL ON 5/16/2006 be best to make them broad enough to include multi-family structures less than 40 feet in height. Commissioner Cockburn asked for more clarification on the proposed "Breathing Room" setbacks. Using figure B-1 in the Design Guidelines, Chris explained how all sides of a building would have to be stepped back to prevent a looming presence. Commissioner Streissguth and Commissioner Kosusko sppke at length about the Planning Commission's role in encouraging redevelopm~Il~'i;'~illk the downtown area through sub-area planning while adhering to the Comprellensive'Plan and remaining sensitive to the uniqueness of the Highland/Pleasant Ave 'u.ea. A motion was made by Commissioner Hod. a".. seco Commissioner el/}'" ..."h Streissguth to recommend to City CO'!.I1cil"'for' approva the Highland Avenue/Pleasant Avenue Design Guidelinekff~s presented, to am igur~ 20.74(a) of the Zoning Code to include a refere~~e e Desi~J? Guidelines, a include in the accompanying staff report the Plannn~;i(~~o~mis~,ion's suppo$/ of a 40-foot building height, its belief that a 60-foot buildin~ii:~~ight is not needed to meet density requirements, that the Commynity Character S~~~!g? of the Comprehensive Plan directs the Planning Commiltion to consider<;;:t~Pi~~ scale, orientation, bulk, character, and history, and to ur cil to set a pd' 'Y;i'to do sub-area planning in the Downtown Regional Center. Called for a vote:.i,Qppkl:mm: Yes; FI1~ci erg-Ner:.;;;ii;Yes; Hoell: Yes; Kosusko: Yes; ,~'Y;l~>+):~:::'::,::::.-,::::.-,::.-': ~::" ':':': \:J'i>:." .,/fo/ Mosiman: Yes', tfEissg:: Yes. The ili tion carriea A. eeting. ..,~iJ:H:'SS Meeting B. Di,e~~~,r's Report: .hris introduced the newest Planning Commission member, Bill Mosihi~;m.'ii',Commissl,?,ler Mosiman is originally from Milwaukee, Wisconsin, and now lives on:~~g.rona Point Drive and is a school administrator for Special Education in the Central Kit~Ai/ SCh00FDistrict. Chris reporteq)::,t at the Critical Areas Ordinance passed and a two-month appeal period has begun. Andrea announced that Kitsap County is beginning their lO-year update of their Comprehensive Plan. Commissioners are invited to attend the County's "kick-off' meetings. Chris remarked that this would be Bremerton's opportunity to layout the City's future interest in the Urban Growth Areas on the Comprehensive Plan map. C. Old Business: None. Planning Commission Meeting March 21,2005 Page 11 of 12 Attachment III SUBJECT TO APPROVAL ON 5/16/2006 D. New Business: Commissioner Kosusko asked to pro actively look at the height issue in the Highland/Pleasant Avenue and wanted staff s input. He also expressed concern for the push for annexation when there are areas currently inside the city limits that need attention. Commissioner Streissguth suggested holding a workshop on the UGA. VII. Adjournment Meeting was adjourned at 8:42 p.m. The next Regular Meeting is sdWglJled for April 18, 2006. .. ..'/ili" Chris Hugo, Executive Secretary Respectfully submitted by: Approved by: John Cockburn, Chairman Planning Commission Meeting March 21, 2005 Page 12 of 12 DATE SUBMITTED: BILL # AGENDA BILL CITY OF BREMERTON CITY COUNCIL q SUBJECT: Professional Services Agreement with Parametrix, Inc. for Port Washington Narrows Beach Sewer, Boardwalk, and Evergeen Park Expansion Project Committee Meeting Date: April 26, 2006 COUNCIL MEETING Date: April 26, 2006 Department: PW&U Presenter: Phil Williams Phone: 473-5315 SUMMARY: The existing sewer main located in the beach below Washington St. is prone to failure & requires replacement. Several options for replacing the pipe have been identified. The preferred alternative would construct a new sewer main in conjunction with an extension of the existing boardwalk to Evergreen Park. This Contract provides for public involvement, predesign, permitting, & design of the new sewer main, extension of the existing boardwalk, & redevelopment of the former Chevron Property into an expansion of Evergreen Park. The requested action before City Council is approval of a contract with Parametrix, Inc. for Professional Services, an increase in the Wastewater budget of $346,750 and authorization of a new budget Fund (Boardwalk Project) for 2006 with budget expenditure approval of $603,250. ATTACHMENTS: Professional Services Agreement; Council Summary FISCAL IMP ACTS (Include Budgeted Amount): This project has two components--the sewer with a current budget of $30,000 for 2006, & the Boardwalk component which is not currently budgeted. Funds for this work come from sale of Eastpark Use ofthese funds for this purpose require federal government approval. The PSA amount is not to exceed $2,500,096. Required budget for 2006 is $950,000. Approval of this PSA will require budget adjustments to fund the work & authorization to transfer Eastpark proceeds from the Contingency Reserve. APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Q~>>~ FISCAL/BUDGET: OPERATIONS: COUNCIL PRESIDENT: I CONSENT AGENDA 0 I RECOMMENDED MOTION: Move to approve PSA with Parametrix, Inc. for the Port Washington Narrows Sewer and Public Access Project & to authorize the Mayor to finalize & execute the necessary documents for this agreement; move to amend the 2006 budget to establish a new fund (Boardwalk Project) and authorize transfers of $603,250 and $346,750 from the Contingency Reserve Fund to the Boardwalk Project Fund & to the Washington Street Sewer Project in the Wastewater Fund respectively, contingent upon Federal Government approval for use of the proceeds from the Eastpark property, move to amend the 2006 budget to approve expenditure of these funds. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action COUNCIL SUMMARY PROFESSIONAL SERVICES AGREEMENT WITH P ARAMETRIX FOR PORT W ASHINGTON" NARROWS BEACH SEWER AND PUBLIC ACCESS PROJECT Contract Summary The existing sewer main located on the beach below Washington Street is prone to failure and requires replacement. In December 2004, the City advertised a request for firms to submit Statements of Qualification for design of a project to replace this sewer main, and construct an adjacent boardwalk between the existing Louis Mentor Boardwalk, and Evergreen Rotary Park. Ten firms responded to the advertisement, four of these firms were selected to interview. From the interviews, Parametrix was selected for the project. To date, Parametrix has performed an Environmental Site Assessment of the former Chevron Property, a Sediment Characterization Study along the proposed route, and Sewer Replacement & Park Expansion pre-design under separate contract. The WORK to be completed under this Professional Services Agreement includes all Planning, Survey, completion of Pre-design, Design, Mitigation Design, Permitting, Funding Assistance, and Community Outreach and Coordination of Public Involvement for expansion of the City's Evergreen Rotary Park, replacement of the existing beach sewer and construction of a boardwalk that will serve as maintenance access for the new beach sewer as well as a pedestrian corridor between downtown and Evergreen Rotary Park. Fiscal Summary The project has two components; the sewer component which has a current budget of $30,000 for 2006, and the Boardwalk component which is not currently budgeted. Funds for this work are proposed to come from the proceeds ofthe sale of the East Park Property. Use of the East Park property fund would require National Park Service Approval which is pending. The total amount of the Professional Services Agreement is $2,500,096; $912,535 of this is for the sewer component, $1,587,561 is for the Boardwalk component. Projected expenditures for 2006 are $950,000. The requested action before th~ City Council is approval of a contract with Parmetrix Inc., for Professional Services, increase the Wastewater budget by $346,750 and authorize the creation of a new budget Fund (Boardwalk Project) for 2006 with budget expenditure approval of $603,250. Staff intends to pursue grants to offset planning and design costs; however, no funds have been obtained to date. Boardwalk Development Approximate Cost: $2,000,000 The City hired an environmental consultant to collect sediment samples along the proposed boardwalk route. Laboratory testing did not identify any contamination in the sediments. The City would build the boardwalk on Washington State Department of Natural Resources (DNR) property and would enter into a lease agreement with DNR for use of the property. The cost for the land lease is approximately $3,000. The City would like to use funds from the property sales identified above for engineering, design and planning costs associated with development ofthe boardwalk. The City is requesting approval to release funds from the above-mentioned property sales to purchase, remediate, design and construct the planned park expansion and boardwalk portion ofthe scenic loop trail. This project would provide a valuable addition to the City's park and trails system, allow for public access to the waterfront and connect one of the City's most popular parks with it's downtown. We appreciate your time in evaluating this request. PROFESSIONAL SERVICES AGREEMENT PORT WASHINGTON NARROWS BEACH SEWER AND PUIIUC ACCESS PROJECT The City of Bremerton ("City") and. Parametrix, Inc., ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more SPecifically descrihed in the Scope of Work, dated March, 2006, including any attachments thereto, attached hereto as Exhihit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services snch services shall only be performed npon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. IT. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excnsable delays or extra work as provided for in section IX (A) of this agreement. ITI. . Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consnltant in an amount not to exceed 2,500,096. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall confonn to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. \ Consultant shall not perfonn work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work Or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensatcd for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not confonn to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Brem ertonlp aram etrix Port Washin ton Narrows Beach Sewer and Public Access Pro'eet Page I of6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSL Y UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. BremertonIParametrix Port Washington Narrows Beach Sewer and Public Access Project Page 2 0[6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereWlder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an Occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shaH include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, coHapse and underground (XCD) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shaH be the sole responsibility of the Consultant. AIl required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies amI/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall' apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits ofthe insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shaH be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its Wlqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. BremertonlParametrix Port Washington Narrows Beach Sewer and Public Access Project Page 3 of6 VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifYing and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. AIl work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/Parametrix Port Washington Narrows Beach Sewer and Public Access Project Page 4 of6 F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Department of Public Works and Utilities 3027 Olympus drive Bremerton, W A 98310 Consultant Address Parametrix, Inc. 5700 Kitsap Way, Suite 202 Bremerton WA, 98312 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. 1. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out ofthis Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignm~nt: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- BremertonlParametrix Port Washington Narrows Beach Sewer and Public Access Proiect Page5of6 performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion ofthe work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT By:Carv Bozeman its:Mayor \ Date: By: its: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/Parametrix Port Washington Narrows Beach Sewer and Public Access Proiect Page 60[6 EXHIBIT A - SCOPE OF WORK City of Bremerton Beach Sewer Replacement and Public Access BACKGROUND This Scope of Work identifies engineering services for the City of Bremerton (City) for the period of May 1, 2006 through May 30, 2008. This scope of work represents a best estimate oflevel of effort required to pursue funding, apply for permits, and design an approximately 3,200-foot sewer line replacement and boardwalk along the Port Washington Narrows between Evergreen Park and the Louis Mentor Boardwalk. Work will proceed on a task by task basis only with authorization from the City to the Consultant. The City will establish annual expenditure limits throughout the term of this agreement. Specific work elements are defined by the follo~ing tasks: · Task 01 Project Management . Task 02 Planning . Task 03 Survey . Task 04 Sewer Design . Task 05 Boardwalk Design . Task 06 Architectural Design . Task 07 Mitigation Plan and Design . Task 08 Funding Assistance ;l Task 09 Permitting . Task 10 Community Outreach and Public Involvement . Task 11 Procurement and Bid Assistance . Task 12 Construction Management . Task 13 Evergreen Park Expansion . 1ask 14 Directed Services A list of anticipated deliverables for this project is included as Exhibit D. TASK 01 PROJECT MANAGEMENT This task consists of coordination, design quality control, and client communication. Cir)" of Bremenon Beach Sewer Replacement and Public Access Scope of Work 255-/896-808 Mnrch 2006 Task 1.1 Coordination Objective: This task will consist of project management, coordination of subcontractors, project team meetings, coordination and meetings with City staff, financial management, reporting, and scheduling. Approach: The Parametrix team will use a combination of in-house review, routine client meetings, and monthly progress reports to deliver elements of work described in this task. The team will provide for the overview, direction, monitoring, and reporting of task activities in a manner that allows for the delivery of the project in accordance with the negotiated scope, budget, and schedule. This will include all day-to-day interaction with the City, attendance at meetings, routine correspondence, scheduling, budget management, etc. Parametrix will, within thirty (30) days of receipt of written notice to proceed, prepare a Project Management Plan (pMP) that summarizes the primary management activities. Parametrix will prepare an outline of the PMP for review by the City and the project management team. The PMP will include specific responsibilities between the City and Parametrix, a list of expected deliverables, a change management plan, and a quality control plan. A communications plan will be included in the PMP. Deliverables: The following will be delivered: · The team will prepare and deliver routine correspondence, schedule and budget updates, status reports on progress of work, and summary reports on meetings with agencies, property owners and City personnel. · A Project Management and Communications Plan Assumptions: The following assumptions are made about this task: · One (1) report detailing progress, budget status, and projected work for the following month will be provided each month. Weekly progress will be discussed as part of ordinary correspondence. · The project manager will provide 4 hours/week, the assistant project manager will provide 2 hours/week and an administrative assistant will provide 2 hours/week for routine management of this project. · One (1) internal consultant coordination meeting will be held a minimum of once each month. These meetings will be combined with other specific City coordination ahd document review meetings. See the attached schedule of project meetings. · The design team and Consultant project manager will attend each meeting. In addition, the architect will attend three (3) of these meetings, the geocoastal engineer will attend two (2) of these meetings and the geotechnical engineer will attend two (2) of these meetings. · Consultant will provide meeting summaries. · Public, stakeholder, and agency meetings are included under other tasks. · An amount will be added to each invoice to cover direct expenses such as in-house duplicating and blue printing, local mileage, telephone calls, messaging, and postage. Ciry of Brell/enon Beach Sell'er Rep/acelllenr and Public Access Scope of Work 2 255-/896-808 March 2006 Administrative time related to the project will be billed hourly. Allocated expenses will be billed. at 6 percent of billable labor. This amount is added to Task I, but covers all tasks. This excludes per diem and major outside printing efforts such as reproduction of the Environmental Impact Statement (EIS); final plan sets etc., but includes all minor day-to-day costs. City Responsibility: The City will be responsible for the following: · Attend monthly meetings Task 1.2 Design Quality Control Objective: Provide senior review of all design deliverables and quality assurance review of designs at the 15 percent level. Approach: Staff from Parametrix and subconsultant firms will check work and provide internal peer and technical review of all submittals. Parametrix will provide a technical editor to assure wri tten accuracy. Deliverables: None; however, QC documentation will be maintained in the project files and available for review at any time. Assumptions: Design quality control costs are assumed at a maximum of 10 percent of actual design costs for purposes of budgeting. City Responsibility: The City will be responsible for the following: · Providing concurrent review of design deliverables prior to final submission TASK 02 PLANNING Objective: Ensure new project-related facilities are integrated with the surrounding downtown Bremerton planning/urban design and appropriately address the project goals including: · Provision and/or enhancement of pedestrian and non-motorized public access to the waterfront. · P{ovision of a Boardwalk that is an integral component of ongoing efforts to revitalize Downtown Bremerton. · Provision of appropriately located and designed connections between the Boardwalk and adjacent commerciaVresidential uses as well as adjacent open spaces, trails, and similar public uses. Approach: Inventory and evaluate existing conditions as required to provide an understanding of the planning/urban design of new project-related facilities. Identify and evaluate potential locations and design concepts for connections between the Boardwalk and adjacent uplands. Specific tasks will include: City oj Bremerton Beach Sewer Replacement and Public Access Scope of Work 3 255-1896.808 March 2006 · Review goals, objectives, and expectations with the Project Team, City staff, the Boardwalk Advisory Comrnittee(BAC), and others as appropriate. · Coordinate with the Washington State Department of Transportation (WSDOT) for an access at the Manette Bridge. · Inventory and document adjacent existing conditions including: )> Land uses. )> Open spaces, trails and similar public recreational uses. )> Pedestrian, non-motorized, and vehicular circulation systems. )> Potential future development. ~ Significant urban or landscape corridors, edges, nodes, landmarks, and similar features. · Evaluate existing conditions and document urban design/planning issues as well as opportunities and challenges that are relevant to the design of the Boardwalk and connections to adjacent uplands. · IdentifY, document, and evaluate alternatives for providing connections between the Boardwalk and the adjacent uplands and the Manette Bridge. Deliverables: Illustrated memorandum describing: · The existing planning/urban design, · Alternative access points and physical connections · Related planning/urban design goals and criteria Assumptions: This Task assumes that: · Upland connections to the boardwalk will be considered at a variety of locations including the. existing Louis Mentor boardwalk, the former Chevron property, the Manette Bridge, and other locations along the route. · Conceptual design of the Boardwalk, connections to the adjacent uplands will occur <If described at Task 6.2. · It is anticipated that one or more of the intermediate locations for connections to the Boardwalk may depend on the City acquiring land. Activities associated with land acquisition such as property surveys above mean high water (other than the work described in Task 3.1 below), title reports, and other legal documentation of, or changes to, property boundaries are outside this scope of work. City of Bremel7ol1 Beach Sewer Replacement and Pllblic Access Scope of Work tJ 255-1896-808 March 2006 City Responsibility: The City will be responsible for the following: · The City of Bremerton will provide aerial photos and electronic GIS or other base mapping materials for use in the inventory and evaluation of existing conditions. · Provide feedback and comment on planning recommendations. · City will provide land use information, plans, and regulations. TASK 03 Task 3.1 Task 3.2 Objedive: Approach: SURVEY Upland Survey Upland areas are all project areas not surveyed under Task 3.2. This task assumes that 80 hours of survey fieldwork will be performed, with appropriate in-office support. If additional work is needed, funding will be added from the Directed Services task only upon the written direction of the City (Task 14). Bathymetric Provide the equipment, vessel and support services necessary to conduct a precision hydrographic survey along the Bremerton waterfront. The surveys are required for accurate mapping of the bathymetric configuration of the shoreline to support design of the proposed boardwalk facilities and evaluate alternatives for sewer main placement. A full-coverage multibeam survey is recommended to ensure complete detection and mapping of any potential underwater obstructions. To meet this requirement, a multibeam hydrographic survey using a high-resolution (0.5- meter or greater) digital terrain model (DTM) of the underwater topography of the marine waters just offshore of the site will be performed. This will include: · Multibeam Hydrographic Survey: ~ Use of the Triton-Elics Hydro Suite Multibeam survey system to map the entire shoreline area. This site encompasses an area approximately 4,000 feet along shore, extending approximately 200 feet offshore. ~ The multibeam system will be 'patch-tested' prior to surveys to insure vertical \ and horizontal accuracies are within survey specifications. Vertical accuracy has been verified at the current configuration within 15 cm (7 inches) at the outer beams and approximately 5 cm at nadir. Horizontal accuracy will be the best available using RTK GPS. >- Single-beam hydrographic data will be collected concurrently to assist in verifying accuracy of multi beam soundings. Additionally, a minimum of 3 lead- line point depth measurements, precisely positioned within the survey area will be measured across the site covering the range of depths. This will be done as a supplementary verification check on the multibeam system for assessment of overall depth accuracy. City of Bremerron Beach Sewer Replacement alld P"blic Access Scope of Work 5 155-/896-808 March 2006 ~ It is. expected the survey to require one day to complete, plus 1/2 day to mobilize the vessel from Seattle to Bremerton and 1/2-day to complete the patch-test requirements as described. Surveys will be conducted during high tide to capture as much of the shoreline areas as possible. · Navigation and Positioning: ~ All positioning will be obtained using Real-time Kinematic (RTK) GPS. The horizontal reference datum will be in US survey feet, Washington State Plane, North Zone, NAD83. All surveys will be carried out in accordance with the U.S. Army Corps of Engineers (US ACE) Class I guidelines, as described in USACE EM I I 10-2-1003, Hydrographic Survey Manual (US ACE 2003). ~ Hydrographic survey navigation control will be accomplished using the Hypack survey system Navigation data will be acquired concurrently with the Triton- Elics Hydro Suite survey system. The survey system receives data from the positioning system, performs the appropriate geodetic transformations, and stores the position information along with the data from all instrument packages. Real- time acquisition displays provide data quality control and assessments during surveys. Pre-planned survey lines will be established to provide 200% survey coverage (100% overlap) to ensure sufficient data density. A real-time DTM of bathymetric conditions will be used during the survey as shown in the photo above to assure data quality and complete bottom coverage. All data will be stored in Triton's XTF data format for post-processing, analysis, and archiving. · Measurement of Tide and Sound Velocity: ~ Tide data will be acquired in real-time during the survey with RTK GPS. Tide corrections will be delivered directly to the acquisition system and logged simultaneously with the multibeam data. Additional control checks will be conducted after the survey to verify local tide readings. ~ A recording tide gage may be installed at an appropriate location near the survey area to provide backup tidal data and for verification of RTK GPS tides. All hydrographic data will be tide corrected and adjusted to the appropriate datum. )> Full water depth sound velocity casts will be performed before and after the survey using a Valeport Soundbar sing-around velocimeter. The profiles are required for accurate processing of the multibeam data to account for travel time and refraction due to changes in sound speed through the water column. · Data Processing: ~ All data processing of muItibeam data will be conducted using CARIS HIPS hydrographic survey data processing software. The data will be edited to remove bad or poor quality data points and corrected for tide. An output file containing spatial coordinates for all data points (e.g., easting, northing, and depth elevation in MLL W) will be for final editing and development of the Digital Terrain Model (DTM) and contours. Contouring will be accomplished using Trimble's TerraModeI HDMS system and exported to CADD and GIS formats. Ory oj Bremer/on Bench Sewer Replacelllellr alia P"blic Access Scope of Work 6 255-1896-808 March 2006 Assumptions: We expect to complete all data processing and chart productions within 2 weeks of completion of surveys. Deliverables: The following will be delivered: · All data will be edited and post-processed immediately after completion of surveys. The multibeam data will be edited for bad points, sorted, and gridded at the optimum resolution. All data will be: reported as XYZ with elevations reported in the appropriate vertical datum. XY locations are recommended in Washington State Plane Coordinates, North Zone, NAD83. · Plan view survey maps on D-sized sheets at a scale of 1 inch = 50 feet at 1-, 2-, and 4-ft contour intervals as appropriate and/or as agreed to by the client. The mapping scale can be adjusted to meet client needs. · AllXYZ data will be provided in an electronically deliverable ASCII file format. · AutoCAD plotted contours. We can also provide the fmal TIN models in dxf format if desired. · Arcview shape files of the final DTM. Task 3.3 WDNR Aquatic Lands Lease Objective: Provide documentation for the DNR aquatic land-lease to provide for use of state owned tidelands. Approach: The following tasks will be performed: · Prepare survey exhibits and property descriptions of the project area for use in application for the DNR land-lease, including property descriptions for the hillside connections. · Define property lines within the area of construction. · Prepare land-lease documentation in accordance with DNR requirements. · Coordinate with DNR on resolving issues associated with these requirements. De/iverables: Letter report describing the legal description of each property within the project area. This report will include stamped survey documents. \ Assumptions: The following assumptions apply: · Privately held aquatic lands are included in the survey and will be annotated as such. · No fees or lease payments are included in this scope. TASK 04 SEWER DESIGN The pre-design work for this task has already been accomplished under other scope. Design criteria and alternatives analysis are in progress and are not scoped here. Cit)" of Bremerton Beach Sewer Replacemenr alld P"blic Access Scope of Work 7 255-1896-808 March 2006 Task 4.1 Geologic/Geotechnical Feasibility Evaluation Objective: Provide feasibility-level geologic/geotechnical evaluation of the beach and hillside to support design of the sewer improvements. Approach: Identify, develop, evaluate, and document the eXIstIng geologic and geotechnical conditions at the site and inform other design professionals about the effects on the potential design. · Review existing published geologic literature and geotechnical reports from the following: )> Geotechnical data associated with other local projects )> Washington State Department of Transportation (WSDOT) · Geologic reconnaissance of bluff and beach (landslides, erosion, springs, geology, fills, shore protection). · Prepare map of existing geologic conditions. · Prepare geotechnical opportunities and constraints map indicating areas with geologic hazards or limitations and zones/corridors where designers can take advantage of the existing geologic conditions for placement of project components. · Prepare preliminary geologic/geotechnical feasibility report. · Prepare final geologic/geotechnical feasibility report to include descriptions of the topography and geology of the site, geologic hazards on and adjacent to the site, logs of existing subsurface explorations within the project boundaries, discussions of the impacts of the geologic conditions on the proposed project, and maps of the geology and interpreted opportunities and constraints for the project. Assumptions: The following assumptions apply: · No subsurface explorations will be performed in this phase; conclusions reached at this stage will be based solely on existing boring and test pit logs and on exposures of soil observed during the geologic reconnaissance. Deliverables: The following will be delivered: · Pl'eliminary and final Geologic/Geotechnical Feasibility Report. City Responsibility: The City will be responsible for the following: · The City will provide a 5-foot contour interval topographic base map using available LIDAR information and other physical features and property lines suitable for field identification of geologic features. · The City will provide existing geologic/geotechnical information in their fIles. City oj Bremerton Beach Sewer Replacement and Public Access Scope oj Work 8 255-/896-808 March 2006 Task 4.2 Objective: Approach: · The City will obtain right-of-entry for private properties along and adjacent to the alignment. Preliminary Geotechnical Evaluation Provide preliminary engineering-level evaluation of geoteclmical aspects of the beach area for incorporation in the design of the sew~r. Develop, evaluate, and present subsurface information at the site for preliminary engineering design and inform other design professionals about the effects on the potential design through the following approach: · Drill and sample four borings over water (assume 70 feet deep, below mudline) · Write and obtain SEPA/SMA permits for geotechnical work directly related to subsurface explorations. · Drill and sample five borings (to an assumed maximum depth of 10 to 30 feet) in beach deposits for trenching characterization and two borings in upland for colluvium thickness, using portable hand boring equipment. · Excavate and log three test pits in the beach deposits for soils description and samples, and to assess stand-up time for the soils along the sewer alignment. · Draw one longitudinal geologic profile and four cross-sections from borings and exposures · Perform laboratory testing, consisting of water contents, gram SIze analysis, and Atterberg limits. · Comment on interception of the existing laterals on the backside of houses if vaults were installed during a grinder pump installation. · Perform Geotechnical Studies for preliminary engineering: }> Impact of Construction on slope stability and mitigation measures }> Trenching alternatives and feasibility }> Bluff-top and intermediate anchorage feasibility Assumptions: Borings are for joint use with boardwalk design. }\ Bluff toe notching and protection Deliverables: Preliminary Geoteclmical Report that includes subsurface data, summary of geologic conditions, and engineering conclusions and recommendations for topics listed above. Task 4.3 Final Geotechnical Evaluation Objective: Provide final engineering-level eval~ation of geoteclmical aspects of the beach area for incorporation in the design of the sewer City of Bremer/on Beach Sewer Replacement alld Public Access Scope of Work 9 255-1896-808 March 2006 Approach: Develop, evaluate and present additional subsurface information at the site for final engineering design and inform Qther design professionaJs about the effects on the potential design through the following approach: · Drill and sample seven borings over water (assume 70 feet deep, below mudline) · Write and obtain SEP AlSMA permits for subsurface exploration work. · Install groundwater monitoring well in one near-bluff boring, including datalogger to evaluate the relationship between groundwater level and tidal fluctuation in a confmed aquifer. · Update one longitudinal geologic profile and create 6 cross-sections from borings and exposures · The sanitary sewer lateral will transition from buried to exposed at the top of the slope. Recommendations will be provided on design criteria for this. · Perform laboratory testing, consisting of water contents, gram SIze analysis, and Atterberg limits. · Perform final Geotechnical Studies: :> Beach trenching and shoring recommendations :> Retaining wall recommendations :> Bluff top and intermediate slope anchorage recommendations. :> Bluff toe notching and protection :> Dewatering evaluation Assumption: The following assumptions apply: · This scope does not include a Geotechnical Baseline Report (GBR) · Borings are for joint use for boardwalk design Deliverables: Final Geotechnical Report Task 4.4 Prelip1inary (30%) Engineering Objective: Develop plans for the proposed improvements to a level that is sufficient to identify impacts, mitigation measures, complete the EIS process, and submit all permit applications. Approach: Develop 30% complete plans for a beach sewer replacement altemat~ve, and a grinder pump alternative. The preliminary plan sets for the civil drawings will include a cover sheet, legend general notes, plan and profile drawings, typical sections, lateral routing plan, and details for key elements. Conflicts and utility relocations will also be identified on the plans. Cit)' oj BremeJ70n Beach Sewer Replacement and P"blic Access Scope oj IV ark /0 155-/896-808 March 1006 Conduct a fonnal constructibility review to identify construction impacts and detennine if additional mitigation is required. Results of the constructability review will be included in a Teclmical Memorandum. A 30% project cost estimate will be prepared to address land acquisition, construction, and construction engineering. The cost estimate will also include a Cost Risk Analysis that includes an analysis of project elements and unknowns that have the potential to affect project costs. Deliverables: 30% plans, a draft Constructability Technical Memorandum and a project cost estimate for both alternatives. Assumptions: The following assumptions apply: · Civil modifications to pump stations (if any) will be included at a schematic level. · Electrical modifications to pump stations (if any) will not be included in the drawing set. · The cost estimate will be based on current costs escalated through projected construction date (assumed to be mid-year 2009) and will include a 30 percent construction contingency. · The work included in this step is limited to the beach sewer and appurtenances. The boardwalk elements are not included. · The design and the constructability review will be coordinated with other elements of the total project to ensure technically feasibl.~ overall project. · Temporary Erosion and Sediment Control (TESC) plans will not be included in the preliminary drawing step. · Team staff with no prior involvement III the design process will perform the constructability review. City Responsibility: The City will provide AutoCAD drawings of the grinder pump alternative for evaluation as related to the Purpose and Need statement. Task 4.5 Intermediate (60%) Engineering Objective: Update the 30% plan for the preferred alternative as identified in the Final EIS. Approach: Prepare 60% complete plans, create draft specifications, finalize the Constructability Technical Memorandum and update the project cost estimate. De/iverables: 60% plans, draft specifications, final Constructability Technical Memorandum and updated project cost estimate. Assumptions: The following assumptions apply: · Civil modifications to pump stations (if any) will be included at an intermediate level. Ciry of BremerlolJ Beach Sewer Replacement and Public Access Scope 01 Work /l 255-1896-808 March 2006 · Electrical modifications to pump stations (if any) will be included at an intermediate level in the drawing set · TESC plans will be included in the drawing set. · Drawings and the Final Constructability Technical Memorandum will be revised based on comments received on the preliminary drawing set. A response log to track responses to comments will be developed and will be available at any time. · A draft list of technical specification sections in CSI or WSDOT format will be developed. · Ten (10) copies of the 60% plans will be submitted for City review. City Responsibility: The City will review and comment on 60% design. Task 4.6 Final Engineering (90% and 100%) Objective: Create a complete set of plans, specifications, and a cost estimate that clearly and accurately defines the improvements. Approach: Update the plans and specifications to a 90% complete level. Based on comments from the City, revise and resubmit for the 100% submittal. .Update the project cost estimate for the 90% submittal, and revise as necessary for the 100% submittal Deliverables: 100% plans, final specifications and updated project cost estimate Assumptions: The following assumptions apply: · Drawings and the Final Constructability Technical Memorandum will be revised based on comments received on the intermediate drawing set, including agency comments. A response log to track responses to comments will be developed and will be available (upon request). · The cost estimate includes a 10% contingency. · Technical specification sections in CSI or WSDOT format will be developed. Bid tab assistance will be provided if requested by the City. · Bidding assistance and construction assistance is not included in this task. City Responsibility: The City will provide Section 0 boilerplate of the specifications for use in preparing Contract documents. TASK 05 BOARDWALK DESIGN Task 5.1 Geotechnical Feasibility Evaluation Objective: Provide preliminary engineering-level evaluation of geotechnical aspects of the design of the boardwalk, Evergreen Park expansion, and all other upland areas. CII)' of Bremerron Beach Sewer Replacement and Public Access Scope of Work 11 255-/896-808 March 2006 Approach: Develop, evaluate, and present subsurface information at the site for preliminary engineering design and inform other design professionals about the effects on the potential design through the followi~g approach: · Provide preliminary input for pile foundation support options, including vertical and lateral analysis. · Seismic analysis. · Preliminary dewatering evaluation. . Retaining wall recommendations. · Upland access recommendations · Stability review/recommendations of existing seawalls (e.g. Chevron Property). Assumptions: The following assumptions apply: · Information data collected during the sewer line investigation will be used for this evaluation. No additional field work is proposed. No pump tests or other in-situ tests will be performed for dewatering evaluation. · Additional borings (not in scope) may be required to provide design criteria for upland connections once locations are determined. This will be paid for with Task 14 funds. Deliverables: Preliminary Geotechnical Report (in same package a.s sewer recommendations). City Responsibility: None. Task 5.2 Objective: Approach: Final Geotechnical Evaluation Provide final engineering-level evaluation of geotechnical aspects of the design of the boardwalk. Develop, evaluate and present additional subsurface information at the site for final engineering design and inform other design professionals about the effects on the potential design through the following approach: · P~le foundation support recommendations · Seismic analysis update . Dewatering recommendations · Upland access recommendations · Retaining wall recommendations · Stability review/recommendations of existing seawalls (e.g. Chevron Property). City of Bremerton Beach Sewer Rep/acernenr and P/lblic Acees., Scope of Work /3 255-/896.808 March 2006 Assumptiolls: The following assumptions apply: . Field data collected during the sewer. line investigation will be used for this evaluation. No additional field work is proposed. No pump tests or other in-situ tests will be performed for dewatering evaluation. In-situ testing for pile loads (axial and lateral) may be required, but this is unknown at this time. Deliverables: The following will be delivered: . Final Geotechnical Report (in same package as sewer recommendations) Task 5.3 Ceo-Coastal Engineering and Sediment Dynamics Analysis Objective: Provide an evaluation of the relevant coastal and marine physical processes in the project area for the existing condition and for two practical alternatives in order to facilitate sewer and boardwalk design, to address environmental permitting issues, and to assess long term shore and project maintenance issues related to erosion and accretion of coastal sediments. Approach: Relevant coastal and marine physical processes in the project area include wind-driven waves and vessel-generated waves in Sinclair Inlet and Port Orchard Reach, water level fluctuations associated with winds and tides, associated currents and circulation in Dyes Inlet and Sinclair Inlet, and sediment dynamics (erosion/accretion patterns) in response to water motions in the near shore of the project area. The sub task will include a site visit to assess coastal geomorphology and beach and inter-tidal sediments at the project site and to observe and document coastal process indicators, observe and document sedimentary material from the perspective of sediment dynamics and structures that may interact with sediment dynamic processes. The sub-task will include gathering existing information, including previous reports and studies and available data from previous data collection efforts in the project vicinity. Data will include: . Wind records from Bremerton airport . Wave measurements held by Pacific International Engineering obtained during the Bremerton Marina floating breakwater study and Rich Passage studies . Current measurements from Port Orchard Reach \ . Available bathymetry from NOAA, Geodas, and other related databases . Aerial photography . Data on beach morphology (planform and profile) and sediments (grain size). Available information will be reviewed to assess the suitability and adequacy for the present project. Knowledge of the local area and previous project experience in this area indicates that additional surveys of bathymetry, topography and coastal structure in the project area will be required to provide adequate detail for the analysis and that such data will be acquired as part of a separate task. The additional survey data is needed to Cil)' of Bremerton Beach Sell.er Replacement and Public Access Scope oj Work /4 255-/896-808 March 2006 improve. and refme modeling grids to be used for simulation of coastal processes in the project area. A one month deployment of one acoustic Doppler current profiler will be required as part of this task for development of additional data for local (site specific) validation of a regional tidal circulation model of the area. Deployment of a wave gauge may be required for verification of wind wave climate depending on the adequacy of existing data. The work includes evaluation of nearshore hydrodynamic conditions associated with tides and tidal currents, wind waves, and vessel wakes. Analysis will involve development of statistics on typical and extreme water levels, development of local wind wave climatology, a vessel wake climatology and assessment of currents and circulation. Analysis and tools developed for other studies including the Seattle-Bremerton Passenger Fast Ferry Research study will be applied to the project area. A circulation model for Dyes Inlet, Sinclair Inlet, Port Orchard Reach, and Rich Passage has been established. The model will be used to simulate tidal currents and water levels for a typical spring tide and neap tide condition. A wave hind-casting approach and an appropriate wave transformation model will be used to examine selected combinations as needed to assess local wind-wave climate. A vessel-wake climatology developed for studies in Port Orchard Reach and Rich Passage will be used to assess local wake conditions in the project area and a wake transformation model will be applied to selected cases if necessary. Statistics of the wave, current, and water level climatologies will be used to develop combinations for evaluating alternatives relative to the existing condition. The analysis of nearshore hydrodynamics is to provide the information required for an assessment of sediment transport potential for existing conditions. Results of the geomorphic assessment and the coastal process analysis will be synthesized to provide an assessment of existing sediment and beach dynamics relevant to the project. The coastal processes analysis tools will be applied to the evaluation of two preliminary concept level alternatives to identify potential impacts to sediment dynamics and circulation in the project area and to identify any potential physical issues relevant to the projeh design such as wave loading, water levels, or current induced stresses. Assumptions: The task assumes that additional current measurements are required to verify the predictive models for the project area. 3-dimensional survey data required to augment the modeling grids wiIl be acquired as part of a separate task. Work performed under this task will be used for design evaluation of the beach sewer and sewer laterals as needed. No additional work is assumed to support those tasks. City oj Bremerron Bench Sewer Replnceme11l nnrl P"blic Access Scope of Work 15 2 55- 1 896-808 Mnrcill006 De/iverables: The following will be delivered: . Field measurements will be edited and post processed after recovery of instruments. All final data will be available as electronically delivered ASCn files of water surface elevations, and depth-averaged velocities (speed and direction) and metadata. · The results of the computer modeling will be provided in digital format. Due to the size, complexity, and proprietary nature of some of the models proposed to be applied here, input control files and detailed simulation results will not be provided, however, digital summaries of key controls will be provided. · Draft and final reports of the Geo-coastal analysis for the existing condition and two alternatives evaluating design criteria and mitigation requirements associated with the selected alternative. Task 5.4 Objective: Approach: Boardwalk Design Criteria Develop goals and objectives and purpose and need for the boardwalk. Define the boardwalk structural requirements (e.g. width, height, shoreline alignment, construction materials, light transmission issues, utilities, load rating, future shoreline access, etc.) and design requirements (e.g. enlarged areas, connections, access for boats/barges, etc.). The consultant team will work together with the City to develop preliminary design criteria and to prepare a Design Criteria Memorandum, including a purpose and need statement. The design criteria will be presented to the BAC along with the sewer design criteria at the initial workshop for review and comment. The criteria will establish any requirements imposed by environmental, technical, and operational consideration, lighting requirements, physical requirements to accommodate maintenance equipment (vactors, etc.) and emergency vehicles, and the need or desire for benches, shelters, trash receptacles or other amenities. The purpose and need statement will be used for the EIS process as described under Task 9. The City will provide final approval of the design criteria and purpose and need statement. Deliverables: The following will be delivered: · Ten (10) copies of the draft Design Criteria Memorandum. · Ten (10) copies of the final Design Criteria Memorandum. Assumptions: The following assumptions are made about this task. , · The draft design criteria will be reviewed at the initial BAC workshop, together with the design criteria for the sewer. · The Final Design Criteria Memorandum will incorporate comments from the BAC workshop. · Geocoastal analysis is not anticipated under this scope. City Responsibility: The City will be responsible for the following: . The City will approve the design criteria and purpose and need statement. Cir)' of Bremer/on Beach Sewer Replacemen/ and Public Access Scope of Work 16 255-1896-808 March 2006 Task 5.5 Objective: Approach: Boardwalk Alternatives Analysis and Pre-Design Develop the boardwalk design alternative for the beach sewer preferred alternative identified under Task 4.4 to a preliminary level. Evaluate constructibility and cost impacts for the preferred alternative. Based on the design criteria and purpose and need statement approved by the City under Task 5.4, develop and evaluate boardwalk concepts for the alternative identified under Task 4.4 to the preliminary structural design level. These concepts will be presented to the BAC, together with the sewer replacement alternatives at the third BAC workshop, as discussed under Task 10. The concepts will include options for the boardwalk such as enlarged areas, removable or heightened sections, connections and amenities with order of magnitude cost estimates for consideration by the BAC. Based on feedback from the BAC, a boardwalk design alternative, including optional architectural features and amenities will be developed. A cost estimate and schedule for construction of the boardwalk, with cost breakouts for optional features will be included. Constructibility will be evaluated for the selected alternative including in-water (barge) and linear methods. Deliverahles: The following will be delivered: . Letter report for the three (3) boardwalk concepts. . Ten (10) copies Alternatives Analysis Report. . Ten (10) copies ofthe Constructibility Report. Assumptions: The following assumptions apply tothis scope: . Three (3) boardwalk concepts will be presented at the third BAC meeting. . Cost estimates for boardwalk construction will include sufficient detail to quantify additive costs for the various architectural features and related impacts to mitigation costs. . Significant changes to the sewer or boardwalk alternative after completion of the 30% design may be justification for change in project scope and budget. . Structural alternatives for consideration are assumed to include an enlarged plaza area, connection to the new Manette Bridge, 2 additional upland connections to \fashington Avenue, locations where the boardwalk rises or contains removable sections to accommodate boat traffic following construction and two (2) locations where the boardwalk changes significantly to accommodate an architectural or function variation. . One (1) meeting will be held with WSDOT to discuss the new Manette Bridge design. . The design features will be coordinated with necessary maintenance access facilities related to operation and maintenance of the beach sewer. Cio' of BremerlOn Beach Sewer Replncement and Pllblic Access Scope of Work /7 255-1896-808 March 2006 City Responsibility: The City will be responsibJe for the following: . The City will help identify the boardwalk concept to be developed into an alternative. . The City will help identify architectural amenities and features to be considered for cost estimates. Task 5.6 Lighting Design Electrical Engineering Objective: To provide engineering services for lighting the boardwalk to provide for 24-hour access and safety requirements. Approach: Develop, evaluate and present additional information at the site for final engineering design and inform other design professionals about the effects on the potential design through the following approach: . New service at each end of boardwalk including meter, service disconnect, and power distribution panel. . Load and voltage drop calculations. . Coordinate specification of lighting fixture ballast voltage and fixture junction box and/or hand hole with Architect. . General electrical specification including utility service, lighting panel, grounding, ~ighting contactor, timer, photo-eye, conduit, ducts, wire and hand holes. . Control interface to Owner's energy management system. This provision will be limited to connection of a dry relay contacts to the lighting contactor control circuit. Design and installation of energy management equipment and wiring will be performed by others. . Provide drawings including: conduit / cable interconnect diagram including service, lighting panel schedules, and electrical details . Preparation of construction cost estimates for all electrical work. Assumptions: The following assumptions apply: . Boardwalk is 3200 ft long - assume simple, low-density lighting plan with no more than 30 fixtures. \ . Kiosks or some other aesthetically appropriate structures for electrical meter and lighting panel are provided. . Assume 480V, 3-phase, 4-wire utility electrical power is available at each end of the boardwalk and will be provided by the City. Therefore, assume 277V lighting ballast voltage. . Up to 2 site visits and meetings with electrical utilities are provided for. De/iverables: The following will be delivered: City of Bremerlon Beach Se,',," Replacement and Public Access Scope of Work /8 255-/896-808 March 2006 . Final Lighting Plan . 30%,60%, 100% and final design plans . Specifications package for bid documents City Responsibility: The City provides specifications for or selects fixtures. Task 5.7 Preliminary (30%) Structural Engineering Objective: Support development of the project alternatives. Alternatives evaluation will involve development of structural concepts, preparation of concept sketches. Support coordination of fieldwork such as survey and soil borings. Approach: Once selected, the preferred concept will be refined to an approximately 30% level of completion. Scope of work elements for the 30% level of design will include: . Preparation of structural section of draft Constructibility Technical Memorandum. . Preliminary structural analysis and design of preferred concept. . Preparation of the structural preliminary plans, 30% level of completion. . In conjunction with the Task 4 series, provide complete preparation of the construction cost estimates and schedule for all work. . Preparation of outline structural specification . Support preparation of EIS Document as well as provide information required through EIS process to facilitate establishment of the preferred alternative. . Support preparation of Permit Documentation . The design features shall be coordinated with necessary maintenance access facilities related to the operation and maintenance of the new beach sewer. Assumptions: The following assumptions apply regarding boardwalk features: . An approximately 3000 foot long pile supported pedestrian and maintenance access. No staircase connection design to the Manette Bridge and no more than 2 hillside connection structures to the upland hillside are included. \ . The boardwalk will accommodate access to the toe of the slope throughout the length of the boardwalk by barges and other construction stabilization of the slope. The accommodation will be by elevated segments, removable sections, or other. . Two locations where the boardwalk changes significantly to accommodate architectural variation or functional variation. . An underwater support structure to support transverse elements. . Beach Excavation and Shoring for the new sewer line . Retaining Walls City of Bremer/on Bench Sewer ReplacellJem nnd Public A cceS! Scope of Work 19 155.1896-808 March 2006 Deliverables: The following will be delivered: structural section of Constructibility Teclmical Memorandum, preliminary plans, construction cost estimate and schedule, and outline of structural specification. Task 5.8 Final Structural Engineering (60%,90% and 100%) Objective: Develop preferred concept final design drawings, specifications, construction cost estimate and schedule for the structural items of work. Approach: Once selected, the preferred concept will be refined to a fmal design for construction. Scope of work elements for the design will include: . Respond to City and Agency comments on the preliminary and permit set structural drawings . Final structural analysis and design of preferred concept . Preparation of structural section of final Constructibility Teclmical Memorandum. . Preparation of the 60% permit structural plan set . Preparation ofthe 90% and 100% final structural plan sets . In conjunction with the Task 4 series, prepare the 90% and 100% final construction cost estimate and schedule for all the work. . Preparation of 90% and 100% fmal structural specification . Respond to bidder's questions and requests for information during the bidding process. . Support preparation of EIS Document as well as provide information required through EIS process to facilitate establishment of the preferred alternative. . Support preparation of Permit Documentation Assumptions: See Section 4.6 assumptions. Deliverables: The following will be delivered: 60%, 90% and 100% final plans, final construction cost estimate and schedule, and final structural specification section. TASK 06 ARCHITECTURAL DESIGN Task 6.1 Landscape Architectural Design for the Boardwalk Objective: Provide landscape architectural and architectural design input required to describe the physical character of publicly accessible components of the Boardwalk as well as to ensure the Boardwalk is designed to be safe, pedestrian-friendly, rich in passive recreational opportunities, and physically appropriate to the Bremerton Waterfront. Approach: Identify, develop, evaluate, and document alternative landscape architectural design options for the Boardwalk. Specific sub-tasks will include: City of Brelllerton Beach Sewer ReplocelJlent olld Pllblic Access Scope of Work 10 155-/896-808 March 1006 . Identify, document, and evaluate up to three (3) alternative landscape architectural design options for the boardwalk layout and present for review at a BAC meeting. . Identify alternative concepts for miscellaneous architectural features and estimated costs for optional structures for consideration at the third BAC meeting. . Identify, document, and evaluate alternative concepts for miscellaneous architectural features and structures (e.g. shelters, pavilions, etc.) selected by the City of Bremerton for evaluation following BAC comment. . Develop the architectural concept for the boardwalk alternative to be evaluated in the EIS. . Attendance at relevant meetings with City staff, attendance at relevant Design Team meetings and routine project management and coordination. . Coordinate with City maintenance staff to ensure that needs are met. Deliverables: lllustrated memorandum describing: . Alternative landscape architectural design options for the Boardwalk. . Alternative concepts for miscellaneous structures located on the Boardwalk. . Related physical design goals and criteria for landscape architectural features. . Cost estimates of the design options for the boardwalk concepts. Assumptions: The following assumptions apply: . Alternative landscape architectural design options will be developed to the 15 percent design level. . Alternative concepts for miscellaneous architectural structures will be portrayed at the conceptual level. City Responsibility: The City will be responsible for the following: . The City will identify the preferred architectural approach to be used in the selected boardwalk alternative. . The City will identify architectural amenities and features to be considered. \ . City maintenance staff will provide input on vehicle and equipment needs, access points, and other logistical considerations. Task 6.2 Landscape Architectural Design of Connections to the Boardwalk Objective: Provide landscape architectural design input required to describe the physical character of connections between the Boardwalk, the adjacent uplands and ensure such connections are designed to be safe, pedestrian-friendly, and physically appropriate to the Bremerton Waterfront. City oj BremerlOlI Beach Se\\.er Replncemenr nnd P"blic .4ccess Scope oj Work 2/ 255-1896-808 March 2006 Approach: Identify, develop, evaluate, and document alternative landscape architectural or architectural concepts for connecting the Boardwalk with the adjacent uplands, Manette Bridge, existing boardwalk and park. Specific sub-tasks will include: . Review, evaluate, and comment upon options for the Sewer Lateral Design, as it relates to aesthetics . Identify, document, and evaluate up to three (3) alternative landscape architectural or architectural design options for consideration in the analysis of alternatives for connecting the Boardwalk with the adjacent upland at 2 locations, at the existing boardwalk, and at the fonner Chevron Property. . Coordinate with the Design Team, BAC, and City staff regarding the evolution and selection of alternative Connections to be addressed by the EIS. Deliverables: Illustrated memorandum describing: . Alternative landscape architectural or architectural design options for connections between the Boardwalk and the adjacent uplands, the Manette Bridge, existing boardwalk and Chevron Property. . Related physical design goals and criteria for abovementioned connections. Assumptions: The following assumptions apply: . There will be a maximum of five (5) connections to the Boardwalk at the following locations: ~ South end of Boardwalk ~ North end of Boardwalk ~ Manette Bridge ~ Potential for two intennediate locations to be determined. · The connection to the Manette Bridge will be considered to be a freestanding stair tower. . The work of this Task will include conceptual architectural design for the abovementioned stair tower. \ . Alternative landscape architectural concepts will be developed to the 15 percent design level. City Responsibility: The City will be responsible for the following: · The City will select the number and location of connections to be included, based on consultant recommendations. City oj Bremer/on Beach Sewer Replacemen/ alld P"blic Access Scope oj Work 21 255-/896-808 March 1006 Task 6.3 Objective: Approach: Architectural Design of Miscellaneous Structures Provide architectural design input as required to ensure that miscellaneous project-related structures (e.g. pavilions, shelters, etc.) are: 1) visually integrated with components of the whole project as well as with the visual character of the larger surrounding context; 2) physically integrated with underlying or adjacent landscape architectural or engineering components; and 3) appropriately documented for inclusion in the EIS / Facility Plan. Park structures will be evaluated under Task 13. This task will ensure that the structures at the park are coordinated with the boardwalk in terms of aesthetics. Identify, develop, evaluate and document alternative architectural concepts for miscellaneous architectural structures to be included within the project. Specific sub- tasks will include: . Coordinate with the Design Team and City of Bremerton staff regarding identification of the types and general locations of miscellaneous architectural structures to be included within the project. . Identify, document and evaluate (2) alternative architectural. concepts for preliminary evaluation of alternatives for each type of architectural structure to be included within the project. . Coordinate with the Design Team and City of Bremerton staff regarding selection of (1) preferred architectural concept for each type of structure to be advanced for inclusion in the EIS / Facility Plan. . Advance design of (1) preferred architectural concept to work with the related engineering or landscape architectural context. Document related physical design goals and criteria. Assumptions: The following assumptions apply: . Types of miscellaneous architectural structures to be incorporated into the project include the following: (2) shelters to be located on the Boardwalk; (1) freestanding stair tower to be integrated with improvements to the Manette Bridge; and (1) pavilion or shelter to be located, within the extension of Evergreen Park on the Chevron Site. . Alternative architectural concepts will be developed to the 15% design level. . The preferred architectural concepts will be developed to the 30 % design level. , Deliverables: Illustrated memorandum (formatted for inclusion in the EIS I Facility Plan) describing the (1) preferred concept for each type of architectural structure to be incorporated in the project as well as related physical design goals and criteria for each type of structure. TASK 07 MITIGATION PLAN AND DESIGN Task 7.1 Identify Mitigation Requirements and Options Objective: Identify and evaluate mitigation requirements, options and potential costs based on project design alternatives, and regulatory input. 13 255- J 896.808 March 2006 City of BremerCOn Beach Sewer Replacement and P"blic Access Scope afWork Approach: The following activities will be conducted for this task: . Identify potential mitigation requirements, options, and costs concurrent with development of design alternatives. . Identify properties that may need to be taken to meet mitigation needs and produce a map showing the locations and owners of target properties. . Contact the Army Corps of Engineers (Corps) and the Washington Department of Fish and Wildlife (WDFW) and other agencies, as required, to verify mitigation requirements. . Prepare a technical memorandum describing potential mItlgation goals and objectives, options in the project vicinity, property acquisition/easement needs, costs, and recommended strategy for securing mitigation sites. . Meet with the City to review mitigation options and costs, and develop a preferred mitigation strategy. . Identify impacts to mitigation from design alternatives. Deliverab/es: The following deliverables will be submitted under this task: . Technical memorandum identifying potential project impacts, probable mitigation requirements, mitigation options, and mitigation costs. . Prepare a recommended mitigation strategy including regulatory justification, scope of work, schedule, and cost estimate. . Records of communication with regulatory agency staff. . Meeting minutes and summaries. Assumptiolls: The following assumptions are associated with this task. . One (I) meeting each with the WDFW and the Corps. . Up to two (2) meetings with the City. . Mitigation sites will be evaluated in the Sinclair and Dyes Inlet areas if required by agencIes. City Respollsibi/ity:The ~ity will be responsible for the following: . The City will obtain right-of-entry agreements. Task 7.2 Objective: Approach: Mitigation Plan Prepare a Mitigation Plan that describes compensation for project impacts and that meets the requirements ofthe Corps of Engineers, WDFW, and City ofBremerton. The following activities will be conducted for this task: . Prepare a draft Mitigation Plan that includes the following components: 14 255-1896-808 March 2006 Cil)' oj Brelllerton Beach Sewer Replacement and Public Access Scope oj IV ork > Project Description > Environmental Baseline Condition > Project Impacts > Mitigation Goals and Objectives > Mitigation Plan and Performance Standards > Monitoring and Maintenance > Contingency Plan > Communication Records, Photographs and Schematic Plans . Prepare schematic mitigation design to the approximate 15 percent complete level. . Prepare an order of magnitude cost estimate for mitigation plan implementation, including monitoring and maintenance. . Submit the draft Mitigation Plan to the City for review and prepare a final Mitigation Plan for submittal to permitting agencies. . Follow up with permitting agencies to provide supplemental project information to facilitate timely Mitigation Plan review. . Prepare one (1) addendum to the Mitigation Plan to respond to agency questions and comments. Deliverables: The following deliverables will be prepared under this task: . Meeting minutes and summaries from the agency meetings. . Draft and final Mitigation Plan. . Draft and final Mitigation Plan Addendum. Assumptions: The budget for this task is based on the following assumptions: . Up to five (5) separate mitigation sites or actions will be evaluated in the Mitigation Plan. Each mitigation site or action wil1 require a preliminary field assessment. \ . No wetland delineation reports will be required. o Property acquisition, if necessary, will be performed by the City. . No additional survey work will be required beyond that noted in Task 3. . Schematic design will consist of up to eight (8) figures in JARP A format (8S'x II "). . One (l) meeting with regulatory agencies is included in this task o One (1) addendum to the Mitigation Plan wi1l be prepared and will consist of up to ten (10) pages and two (2) figures. City of Bremer/on Beach Sewer Replacement and Public Access Scope of Work 25 255-1896-808 March 2006 · The scope for this task includes two (2) meetings with Ci ty staff. . Required permit applications will be prepared under a separate scope. City Responsibility: None. Task 7.3 Mitigation Design Objective: Prepare construction plans, specifications and cost estimates to implement the approved mitigation plan. Approach: The following activities will be conducted for this task: · Prepare base map for mitigation design. · Verify location of utilities and determine if additional mappmg is required of manholes, catch basins and other underground utilities. · Develop up to ten plan sheets (not including cover sheet) showing mitigation design to the 30, 60, 90 and 100 percent complete levels. It is anticipated that the plans will include the following elements: ~ Beach cleanup and restoration within the construction corridor. ~ Piling removal and disposal at the former Chevron site. ~ Shoreline restoration at the former Chevron site. ~ An estuary restoration site to be determined in the Gorst vicinity of Sinclair Inlet. . Prepare special provisions at the 60 and 90 percent complete level and with the final plans. . Prepare an opinion of construction costs at the 3D, 60 and 90 percent levels, and at the final plans level. . Assumes a bid package concurrent with other construction to be performed. De/iverables: The following deliverables are included under this task: . Pcepare 3D, 60 and 90 percent plans, and final plans and cost estimates. The 60 and 90 percent and final plans will include special provisions. Tlrree (3) full-scale and one (1) half-scale copy of the plans and special provisions will be transmitted to the City. Assumptions: The following assumptions were used in deriving the task budget. · Scope does not cover intrusive investigation or sampling and assumes that cleanup plans, if applicable, are covered under a separate task. . Specifications will be prepared in WSDOT format. City of Bremerton Bench Sewer Replacemem and Pllblic Access Scope afWork 26 255-1896-808 March 2006 . No ownership, easement or right-of-way work is included in the scope of this task. . No hydraulic, hydrologic, water quality or coastal processes modeling will be required. . No construction observation or post construction monitoring is included in the scope of this task. TASK 08 FUNDING ASSISTANCE Task 8.1 Coordination Objective: Parametrix will coordinate with Grant Solutions to develop a funding matrix identifying the various sources of funds available, the criteria/components that the grant can fund, and the application schedule. This matrix will be updated and maintained throughout the project. Grant Solutions will further develop and submit the various applications for the grants and loans. Approach: Parametrix will work with Grant Solutions to review and approve the funding approach prepared and recommended by Grant Solutions as a method of funding the overall project. This will include coordination associated with grant application review. Deliverables: The following deliverables are included under this task: . Schedule and spend plan for grants identified . Review comments on grant submittals Assumptions: Work will be completed under the following assumptions: . Parametrix and Grant Solutions will jointly attend 3 meetings with City staff to review/coordinate this effort. . Parametrix will provide the schedule identifying the cost expenditure rate and the program eligibility for the various funding sources identified by Grant Solutions. . Grant Solutions will be the lead for pursuing State and Local Grants and will prepare all documentation required to support these efforts Task 8.2 Federal Assistance Objective: The thm will assist the City of Bremerton in the procurement of funds to assist the City with the costs of permitting, engineering and censtruction of the project. Approach: The team will assist the City of Bremerton in the procurement of funds to assist the City with the costs of permitting, engineering and construction of the project. Services will include preparation of Congressional briefing documents and meetings with Congressional delegation members and staff both in the state and in Washington DC to provide project information and strategies necessary to support annual funding requests. Cit)' of Bremerton Beach Sewer Replacement and P"blic Access Scope of Work 17 255-/896-808 March 1006 Deliverables: The following deliverables are included under this task: . Presentation materials including PowerPoint presentations, white boards, and briefing documents as needed. Assumptions: The following assumptions were used in deriving the task budget. . Includes at least one trip for up to 2 staff to Washington, D.C. annually . All visits to Washington, D.C. or meetings with Congressional delegation members will include representation from the City. TASK 09 Task 9.1 Objective: Approach: Assumptions: PERMITTING This task covers environmental documentation, compliance with the Endangered Species Act (ESA); and other federal laws and statutes, and permitting. This process will meet the procedural and documentation compliance requirements for the Bremerton SewerIBoardwalk project under the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et seq. and 40 CFR part 1500), State Environmental Policy ACt (SEP A) (RCW 43.21C and WAC 197-11), and other applicable federal, state, and local environmental laws, statutes, executive orders, codes, regulations, and policies. Future scope will defme EIS and permitting schedule. The permitting strategy technical memorandum submitted under Phase 1 of this project provides the processes to be followed. EIS and Permitting Coordination Parametrix will coordinate with Grant Solutions to develop a funding matrix identifying the various sources of funds available, the criteria/components that the grant can fund, and the application schedule. This matrix will be updated and maintained throughout the project. Grant Solutions will further develop and submit the various applications for the grants and loans. Parametrix will work with Grant Solutions to review and approve the funding approach prepared and recommended by Grant Solutions as a ~ethod of funding the overall project. Parametrix and Grant Solutions will jointly attend 3 meetings with City staff to review/coordinate this effort. \ . Parametrix will provide the schedule identifying the cost expenditure rate and the program eligibility for the various funding sources identified by Grant Solutions. . Grant Solutions will be the lead for pursuing State and Local Grants and will prepare all documentation required to support these efforts. De/iverables: The following will be delivered: . Schedule and spend plan for grants identified. . Review comments on grant submittals 18 255-1896-808 March 2006 City of Bremer ton Beach Sewer Replacement alld Public Access Scope of Work Task 9.2 EIS Seoping Objective: To meet the procedural requirements under NEP A and SEP A for public notice to affected agencies, Indian Tribes, and the public, and to use the scoping process to focus or limit the range of analysis in the EIS to only those issues that may have a significant impact on the environment. Approach: The team will prepare scoping materials and develop a draft Purpose and Need Statement. Assumptiolls: . The following assumptions apply: · National Oceanic & Atmospheric Administration (NOAA) Fisheries and the City will review and provide comments on all scoping materials. · The team will be responsible for publishing the scoping notice and mailing public notices to NOAA Fisheries, other public agencies, tribes, and the public, as well as the paper of record. · The project team, as a whole, will help to produce materials such as handouts, exhibits, or displays for the public scoping meeting. · Staff will attend one (1) public scoping meeting and set up and facilitate the meeting. · Up to seven (7) staff will attend the public scoping meeting. . For budgeting purposes, it was assumed that there will be two hundred (200) copies of the scoping notice prepared for mailing. Deliverahles: The following will be delivered: · Publish Determination of Significance and Scoping notice and a short list of alternatives. . Ten (10) copies of the draft scoping notice for review and comment. . Two hundred (200) copies of the final scoping notice that will be mailed to agencies, individuals, and organizations on the distribution/mailing list. · One (1) copy of the final scoping notice will be sent to the Paper of Record (Kitsap Sun). . Materials for the public scoping meeting. City Respo1lsibility: The City will be responsible for the following: . The City will provide space for the public scoping meeting. · The mailing list for the scoping notice and distribution of the EIS and other related .notices would be developed in association with the City, NOAA Fisheries, and the project team. City of BremertOIl Beach Sewer ReplacemenT and Public Access Scope of Work 29 255-/896-808 March 2006 Task 9.3 DEIS Preparation Objective: Prepare Draft Environmental Impact Statement Approach: The approach will include: . Develop and document the project proposal and alternatives including the No Action Alternative as required by the Lead Agency(s) (City and NOAA Fisheries). . Gather information necessary to characterize the existing environmental conditions in the project area for the elements of the environment analyzed in the ElS. . Pr6duce a comparative assessment of the environmental impacts of the proposal and each of the alternatives considered. . Prepare a DElS for public issuance that meets the requirements ofNEP A and SEP A. Assumptio1ls: The following assumptions apply: . The scope of the EIS will cover the following elements of the environment (these may change after consideration of public, tribal, and agency comments during scoping): topography, geology and soils, water resources, vegetation and wetlands, fish and wildlife including threatened and endangered species, hazardous materials, noise, land use (including displacements), social (including environmental justice) and economic, historic resources, cultural and archaeological resources, recreation, visual resources and aesthetics, transportation, public services and utilities, and construction impacts. . There will be three alternatives analyzed in the EIS - two action alternatives and the no action alternative, and that once technical work on the ElS begins there will be no maj or changes to the alternatives. . Two rounds of review and revision for the DEIS, thus a preliminary DElS will be prepared for initial review, a draft DElS will be prepared for a second round of review, and a final DElS will be prepared for issuance. . The team will prepare the distribution list in coordination with the City and NOAA Fisheries. Deliverables: The following will be delivered: o ,wenty copies of the preliminary DEIS will be prepared for review. . Twenty copies of the draft DElS will be prepared for review. Task 9.4 Public Comment PeriodlResponse to Comments Objective: To meet the public involvement requirements of NEP A and SEP A, respond to comments on the ElS, and determine where revisions to the DElS are necessary. Approach: The following approach applies: Cil)' of Bremerton Beac}, Sewer Replacement and Public Access Scope of Work 30 255.1896-808 March 2006 . Prepare a draft Notice of EIS Availability and a draft notice for the EIS public comment meeting for review by the City and NOAA Fisheries. Parametrix will revise the Notice of EIS-Availability and notice for the public meeting and prepare a final version for issuance in the paper. . Set up and facilitate the public. comment meeting on the DEIS in coordination with the City. e Catalogue, organize, and distribute the written comments and transcripts of the public meeting and the written comments received during the public and agency comment period for response by the technical staff. Param~trix will prepare a response to comments section for review by the City and NOAA Fisheries. Assumptions: The following assumptions apply: . The team will prepare draft and final versions of the Notice ofEIS Availability. . The City will be responsible for publishing the Notice of Availability in the Paper of Record. . There will be two rounds of review and revisions of the response to comments section_ . Up to 150 substantive comments on the DEIS will be received. (A substantive comment is a comment that requires a technical response. A non-substantive comment is one where the comment is noted or the response directs the reader to a previous re1?ponse.) . The City will be responsible for publishing the notice for the public meeting. . Staff will attend one public comment meeting on the DEIS and set up and facilitate the meeting. o Up to seven staff will attend the public comment meeting on the DEIS. . The City will provide space for the public comment meeting. . Parametrix will print and mail out notices for the public comment meeting. Deliverahles: The following deliverables apply: . Ten (10) copies of the draft Notice ofEIS Availability. dne camera-ready copy of the final Notice ofEIS Availability. Ten (10) copies of the draft notice for the public meeting. 120 copies of the final public meeting notice to be mailed out 40 copies of the of the review drafts of the Response to Comments section of the Final EIS. . . . . City of Bremerton Beach Sewer Replacement and Public Access Scope of Work 31 155-1896.808 March 1006 Task 9.5 Objective: Approach: Final EIS (FEIS) Preparation Revise the DEIS in response to the comments received from the public and agencies and prepare a FEIS for issuance. Incorporate public and agency comments and concerns expressed during the comment period on the DEIS. Perform additional analysis as necessary and revise the DEIS according to public and agency comments. To prepare a FElS for public issuance that meets the requirements of NEPA and SEPA. Assumptions: The following assumptions apply: . There will be two rounds of review and revision for the FEIS, thus a preliminary FEIS will be prepared for initial review, a draft FElS will be prepared for a second round of review, and a final FEIS will be prepared for issuance. . Parametrix will print copies ofthe review drafts of the FElS. . Parametrix will be responsible for printing copies ofthe FElS. . Parametrix wilI be responsible for mailing copies of the FElS to the listed agencies and public on the distribution list. . This scope of work does not include any effort related to appeals of the ElS. In the event of a NEP A or SEP A appeal of the EIS, Parametrix would prepare a supplemental scope and budget as requested to assist in responding to the appeal. This work may include, but is not limited to, preparation of additional materials, supplying copies of work products, and providing expert testimony at hearings. De/iverables: The following will be delivered: . Twenty (20) copies of the preliminary FElS will be prepared for review. . Twenty (20) copies of the draft FElS will be prepared for review. . Two hundred copies (200) of the FElS. Task 9.6 Objective: Approach: Biological Evaluation (BE) To meet the procedural and documentation compliance requirements for the Bremerton Boardwalk project under Section 7 of the Endangered Species Act (ESA). , The approach will be as follows: . Prepare federal permits (Section 10/404 US Army Corps of Engineers) for in-water work providing a nexus to the Endangered Species Act. Section 7 of the ESA requires federal agencies to ensure that their actions do not jeopardize listed species or their habitats. The BE will be produced based on the project description provided by the preferred alternative through the NEP A EIS process. It will be prepared following standards in the U,S. Fish and Wildlife's Biological Assessment Preparation and Review standards, the National Marine Fisheries Services Guide to Preparing Biological Assessments. The BE will include an assessment of the j] 255-1896-808 March 2006 Cir} a/Bremer/on Beach Sel\u Replacement alld Pllblic Access Scope a/Work potential effects of the project on the Essential Fish Habitat (EFH) of Pacific Coast Salmon, Groundfish, and Coastal Pelagic Species. . Contact federal agencies for information on threatened and endangered (T &E) species. For those species that occur in the project vicinity, descriptions of habitat and information nn those spe.cies will be prepared including wintering, roosting, foraging,' and nesting habitat, species life histories, designated and proposed critical habitat, and existing species use of the area. The BE will include an impact assessment including direct and indirect effects, interdependent and interrelated effects. A determination will be made concerning the potential to adversely affect any T &E species. There will also be a section of the BE describing proposed conservation measures. Assumptions: The following assumptions apply: . It is assumed that the project will not require preparation of a Biological Assessment. . It is anticipated that the Biological Evaluation will result in a determination of No Effect or Not Likely to Adversely Affect. (Biological Evaluations are required when a determination of No Effect or Not Likely Affect determination is anticipated. Biological Assessments are required when a determination of Likely Will Affect or Will Affect determination is expected. Biological Assessments typically require an indirect effects analysis and formal consultation.) . There will be two rounds of review and revision for the BE, thus a preliminary BE will be prepared for initial review, a draft BE will be prepared for a second round of review, and a final BE will be prepared for issuance to the federal agencies. 'We also assume that we will be provided one set of consolidated comments after each review. . The BE budget does not include formal consultation with the U.S. Fish and Wildlife Service (USFWS) or NOAA Fisheries, although it does include time for two staff to attend two (2) pre-application meetings with the US Army Corps and other Federal and State agencies. . Information on T&E species will be obtained from the NOAA Fisheries and USFWS websites, and the National Heritage database. . Parametrix will also consult with the Washington Department of Fish and Wildlife including a query of the Priority Habitat and Species database. . The BE will address designated and proposed critical habitat for listed and proposed 11sted species. . We assume the BE will need to address two species of wildlife (bald eagles and marbled murrelets) and three specles of fish (Puget Sound Chinook, Hood Canal summer-run chum salmon, and bull trout). In addition, the BE will include the Southern Resident killer whales because NOAA Fisheries has proposed to list this species as threatened under the ESA (NMFS 2004). It It is assumed that there are no rare, threatened, or endangered plant species that would occur in the project vicinity or be affected by the project. . The City will submit the BE to the federal regulatory agencies (USFWS and NMFS). City of Bremerton Bench Sewer Replncement and Public Access Scope of Work J3 155-1896-808 March 1006 . This effort does not include developing mitigation measures to reduce potential impacts that may be identified in the BE. . The BE would be prepared 30 days after receiving the 60% engineering plans. . No underwater habitat assessment is required. Should this be required, it will be handled under additional scope. Deliverables: The following will be delivered: . Twenty (20) copies of the preliminary BE. . Twenty (20) copies of the draft BE. . One (1) camera-ready copy of the final BE will be prepared for printing. Task 9.7 Objective: Approach: Permitting To prepare permit applications for the proposed improvements, to develop and maintain close working relationships between the engineering design team, environmental specialists (ElS team), and the permitting authorities, to initiate early agency contact and coordination, to respond quickly to requests for additional information from the permit agencies, and to monitor the environmental review process. Parametrix will prepare applications for the following permits/approvals: . U.S. Army Corps of Engineers Section 10 and 404 permits . Washington Department ofFish and Wildlife Hydraulic Project Approval . Washington Department of Ecology NPDES Notice of Construction and Section 401 Water Quality Certification . City of Bremerton Shoreline Substantial Development Permit . City of Bremerton Site Development Permit . Access permits for pre-design work including geotechnical investigations. In addition Parametrix will also complete the following tasks: . Attend one site visit. . Attend a pre-application conference with the City of Bremerton. . Submit completed permit applications for the permits listed above. . Attend the hearing on the Shoreline Substantial Development Permit and provide the City with support (i.e., presentation materials, supporting documents, etc.). . Respond to requests for additional information or clarification from the permitting authori ti es_ 34 255-/896-808 March 2006 Cify of Bremerfon Bench Sewer Replncem!'1I1 alld Public Access Scope of Work Assumptions: The following assumptions apply: . The City will be responsible for all fees associated with the permit applications. . Parametrix will respond to requests for additional information for up to 24 hours of response time (at a Planner level). Additional time needed to respond to requests will be on a time and materials basis. . Support to the City at the Shoreline Permit hearing will be limited to providing presentation materials such as graphics boards (up to $500 in value), providing copies of supporting documents, or helping to present information to the hearing examiner (typically the City presents the staff report and related infonnation to the hearing examiner, however Parametrix staff could assist in this effort if requested by the City). . For budgeting purposes, it is assumed that there will be up to 30 two-hour agency coordination meetings related to the permitting effort, a site visit, and attendance at the public hearing on the shoreline permit. Deliverables: None. TASK 10 COMMUNITY OUTREACH AND PUBLIC INVOLVEMENT This program will be intended to build broad based community wide support for the project. The goal will be to provide the opportunity for impacted property owners, concerned citizens, community groups, stakeholders, regula~ory agencies, elected officials, and City staff to provide input into the design at the appropriate time in the process. The public involvement process will include meetings with individual property owners along the corridor, community open house type meetings, the creation of a computer slide presentation that can be presented to the planning commission, City Council, and community group and follow-up newsletters. This process will also include the creation of a Boardwalk Advisory Committee (BAC). The roles of the BAC, public, City and consultant team are identified below. Additional detail is provided below: BAC: Advise the project team on design criteria, project purpose and need and selection of concepts and alternatives. PUBRIC: Provide input to the project team and comment on alternatives. CONSULTANT TEAM: Develop preliminary design criteria, concepts and alternatives, receive input and comments from the BAC and public, and take direction from the City of Bremerton. CITY OF BREMERTON: Provide input to the consultant team, approve design criteria and purpose and need statement, select concepts and alternatives to carry forward. Cify of Bremercon Beach Sewer Replacement and P"blic Access Scope of Work 35 2 55- / 896-808 March 2006 Task 10.1 Objective: Approach: Boardwalk Advisory Committee (BAC) Establish a Boardwalk Advisory Committee (BAC) to advise and support the design team. The BAC will include representatives from City departments, key stakeholders; such as WSDOT, the Port of Bremerton, the local Indian Tribes, and environmental regulatory agencies. The purpose of this committee is to resolve conflicting requirements between agencies and City departments, and to ensure that design solutions have acceptance of the approval authorities. The specific members of the committee will be selected by the City. The following tasks will be performed: . Coordinate with the City's project manager to establish the BAC. . Facilitate up to three (3) BAC meetings per year. . Review and selection of architectural features of the boardwalk and Evergreen Park. . Prepare meeting agendas, take and distribute meeting minutes. Assumptions: The following assumptions apply: . The BAC will meet three (3) times per year. . The Architect will attend and contribute presentation materials for two (2) of these meetings. Deliverables: The foIl owing will be delivered: . Meeting minutes from each session. City Responsibility: The City will be responsible for the following: . City Public Works will make all principal decisions affecting design of this project, and will direct Parametrix in all tasks. . The City will develop a list of BAC personnel and provide materials to members. Task 10.2 Objective: Public Involvement This ~s a facility that is designed for general public use. Obtaining public input and developing public support is critical to project success. Through interaction with the local community, we will educate interested citizens about the project in order to build broad based community wide support.. Through a series of public forums, we will engage those individuals and groups who have concerns to develop an understanding of their issues, and seek solutions that minimize or eliminate these concerns. Additionally, work closely with property owners who are directly connected to the beach sewer,_ and who will be impacted by a new boardwalk to ensure the design team has a complete understanding of how the project will affect them. Use this information to develop solutions that minimize impacts to property and build support for the project and identify acquisition needs early in the process. This will allow for those individuals most affected by the construction to participate in the planning and design process, potentially minimizing acquisition costs. 36 155- ) 896-808 March 2006 CiTy of BremerfOn Bench Sewer Replacel1lelll and Public Access Scope of Work Approach: The following approach applies: · Conduct up to three (3) open houses with the public, and up to twelve (12) individual property owners meetings. Determine their concerns and explain how the project may affect their property and use of tpe beach. These meetings will include: }> At the start of process. }> At the 30% design stage to review & comment on alternatives }> Review & comment on preferred alternative at the 60% design stage. · Meet with City staff to prepare for the first Public Meeting. Discuss issues and confirm the City's position on expected concerns. · Conduct one (1) public open house meeting during the initial stage of the alternatives analysis. This meeting will be at the 30% Design level, prior to construction. This is in addition to meetings performed as part of the EIS (Section 9) Provide staff from the design team to answer questions, and if requested make a general presentation. · Compile the comment forms and provide a written summary of the comments. Assumptions: The following assumptions apply: · Meetings may be held in the evening. · The Architect will attend and contribute presentation materials for one (1) of. these meetings. · The design team will provide basic supplies needed for the meeting (easels, paper, pens, refreshments, etc.). · One (1) representative from KPFF will attend and contribute presentation materials for three (3) of these meetings. Deliverables: The following will be delivered: · Meeting minutes for each meeting. · Meeting announcements, comment forms, directional signs, and sign-in sheets · The following graphics will be prepared and reused and/or updated for each meeting: \ }> Vicinity Map. }> Aerial photographs. }> Illustrative figures and hand-drawn illustrations. · Typical boardwalk and sewer sections suitable for public presentation. · Plan and profile sheets, suitable for public presentation. City of Bremerton Beach Sewer Replacel11en( and Public Access Scope of Work 37 255-/896-808 March 1006 City Responsibility: The City will be responsible for the following: · City will contact property owners to set up meetings. · Design Team and City staff will both be present at the meetings. Two (2) representatives from Parametrix, one (1) from KPFF, and One (1) from Hewitt will attend. · The City will mail announcements to adjacent property owners and other interested parties. Task 10.3 Presentation Materials and Other Public Support Objective: Provide the City with a Power Point presentation and other promotional materials that staff can use when making presentations to community groups, other organizations, for general distributions, and press releases. Approach: The following tasks will be performed: · Provide the City with a Power Point presentation about the project. Graphics provided would be the same figures, sketches, and drawings developed for the community meeting, and as part of other tasks. KPFF will translate the graphics into Power Point format. · Provide technical information and graphics developed as part of other tasks for one (1) newsletter. The newsletter will be a two-sided 8 1/2 X 11 tri'-fold. · Prepare content/project updates and meeting notices to be posted on the City's website. · Prepare press releases to announce the public meetings. · Prepare information to post to Bremerton Kitsap Access Television (BKAT) to announce public meetings. Deliverables: The following will be delivered: · One (1) Power Point presentation that will be updated after the preferred alternative is selected. · One (1) newsletter. \ · Prepare the content and graphic layout (1 page/front and back) and provide a PDF for printing. · Fact Sheets - Designed to provide an update on the progress of the project as well as can serve as notification to the public meetings. Approximate content include: > Fact Sheet #1 A project definition, scope, and overall goals and objectives of the project. > Fact Sheet #2 Project alternatives analysis CiTY of Bremerton Bench Sewer Replacement and Public Access Scope of Work 38 255. {896.808 March 2006 Assumptions: None City Responsibility: The City will be responsible for the following: . The City will lead the process and take responsibility for creating the project mailing list and distributing all notices. This list should include local activist groups, local chamber, rotary, special interest, libraries, etc. Parametrix will maintain the interested parties list once developed through the life of the project. . City staff will post website content. . City staff will send out press releases on City letterhead to The Sun and Bremerton Patriot newspapers. . The City will work with The Sun and pay for ad placement/cost. . City staff will submit information to BKAT for posting. TASK 11 PROCUREMENT/BID ASSISTANCE Task 11.1 Develop Plans and Specifications Objective: Provide plans, details, specifications and coordination as required to describe improvements (e.g. pedestrian pavements, site furnishings, guardrails, etc) to be included within permitting, bidding and constniction documents associated with the Boardwalk, connections to adjacent uplands, and the Chevron Site. Approach: Provide plans, details, specifications and. coordination as required to describe improvements to be included within permitting, bidding and constniction documents associated with the Sewer line, the hillside sewer connection laterals, boardwalk, . connections to adjacent uplands, and the Chevron Site. Delillerables: Final plans, specifications and bid documentsJor the City to use during the RFP process. Assumptions: The following assumptions apply: . Documents will be provided at the 60% (NEP A, JARP A and similar permits), 90% (Building Permit) and 100% (Construction Documents) milestones~ . lip to three individual bid packages will be provided. . All specifications will be prepared using CSI or WSDOT software.\ Task 11.2 RFP/Bid Assistance/RFCs Objective: Develop bid documents and provide assistance d~ing the bid phase. Approach: Assist City staff in responding to requests for clarification from contractors, and issue addenda. The team will assist in review of bids and review contractor qualifications.. Deliverables: The team will prepare the following work products: CilY oj Bremerlon Bench Se\l'er Replacement and P"blic Access Scope oj Work 39 255.1896-808 Mnrch 1006 · A Permit Compliance Plan as an appendix to the RFP. · Electronic bid documents · Up to 10 RFCs as needed to facilitate the bid process. · A memorandum making a recommendation for selection of a contractor. Assumptions: The Scope of Work is based on the following assumptions: · The City will publish the notice inviting bids and coordinate and manage advertisements and plan distribution. · The team will attend up to three meetings at the site with prospective bidders to answer final questions after the release of the notice invi ting bids. · The team will make up to three presentations to the City Council. · There will be a maximum of 2 bid options TASK 12 TASK 13 Task 13.1 Objective: Approach: CONSTRUCTION MANAGEMENT Construction management effort is clllTently undefined, as specifics of design and permit requirements are not yet fully understood. Construction management will be tasked and budgeted separately. EVERGREEN PARK EXPANSION Remedial Design To develop plans, specifications and cost estimates for site remediation. Activities will include: . Develop a Cleanup Action Plan to be incorporated as part of the Agreed Order. Develop a brief (2-3 page) Work Plan for groundwater sampling. . . Sample up to six (6) existing monitoring wells. Prepare a letter report summarizing groundwater sampling results. develop a stormwater plan for the site. Development of 60% and 90% and final engineering plans and specifications to allow the City to contract site construction of the remedial system and the park expansIOn. . . . . Development of a bid package for the City to use in a solicitation to hire a contractor to perform the construction of the remedial design and the park expansion. . Cil)' of BrelllerlOn Beach Sewer Replncelllellf nnd Public Access Scope of Work 40 255-1896-808 March 2006 Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . Redevelopment of this property will occur in two phases: > First phase will include remediation/cleanup and installation of a cap and cover system consistent with Ecology requirements. > Second phase will be constructed in coordination with the boardwalk and will include any in-water work, permanent pavement, lighting or aboveground structures. · Groundwater sampling will include the collection of up to eight (8) groundwater samples, including quality control samples from up to six (6) wells. Samples will be analyzed for benzene, ethylbenzene, xylenes and tolune (BTEX), HCID, TPH-Dx, . TPH-G and Lead. · The agreed order will include only onshore areas and will require a cleanup action plan and design of a cap and cover system similar to that used at the existing Evergreen Park. · No plans or specifications will be provided for the Plumber's Union Building · No improvements to adjacent roadways are anticipated. · The Cleanup Action Plan will be included in the Agreed Order. · Four (4) meetings will be held with City and/or Ecology; all other communications will be handled by phone or written communication. · The City will perform over the shoulder review of work in progress prior to the 90% submittal and provide one set of comments on the 90% submittal for use in preparing the final plans. · Preliminary plan set will be submitted with the Cleanup Action Plan. · Plan sets will be delivered for the 90% and final (for bid) plans and specifications only. · Specification format and front end administrative sections will be provided by the City. , · A maximum of 11 plan and detail drawings will be required, including: > Cover Sheet > Legend, .abbreviations and notes > Existing site survey and demolition plan, including well abandonment and vapor extraction system removal j;> Erosion control plan Ciry of Brelllerron Beach Sewer Replacement and Public Access Scope of Work 4/ 255-/896-808 March 2006 ~ Grading plan (2 sheets) ~ Stonnwater plan and detail (2 sheets) Deliverables: Parametrix anticipates the following work products for this task: ~ Cap and cover system plan and detail (3 sheets) Task 13.2 Objective: Approach: · Draft and Final Cleanup Action Plan · Work Plan for Groundwater Sampling · Letter Report Summarizing Groundwater Sampling Results · Erosion Control Plan · Ten (I 0) hard copies of the 90% plans and specifications for City review. · Ten (I 0) electronic and hard copies of the final plans and specifications. · Stonnwater management report. · Technical memorandum on the engineer's estimate of probable cost for construction. · Bid Package. Agency Negotiations and Permitting Meet with the City staff and Ecology to establish cleanup requirements and approach to negotiate an amendment to the existing Agreed Order of Consent (#DE-OOTCPNR-835) between Ecology and the City of Bremerton for Evergreen Park. Additionally, this task includes preparation of SEP A and JARP A pennit documents, and negotiations with permitting agencies to resolve issues associated with permit applications. This scope of work is limited to the upland portion above the site; above Mean Higher High Water (MHHW).It is possible that agencies may require mitigation below, which would require a delay in this phase of work. In this case, the Park Improvement will be handled under Task 9.7, and construction will occur concurrently with the rest of the project. Activities will include: · A Park Development Plan, including selection and design of the park and surrounding area, coordination with grading/staging requirements of the boardwalk, rbmediation and soft construction of the park, incorporation of the Plumber's Union property and planned final (post Boardwalk construction). · Meet with Ecology and City staff to discuss current environmental status of properties and discuss cleanup requirements based on the existing agreed order. · Negotiate a cost allocation for park components which are potentially reimbursable from Ecology as part of th-e site remediation. · Conduct one site visit with regulatory agency staff to identify areas of concern and resolve issues associated with permits prior to submission of permits. Cir)' af Bremerron Beach Sewer Replncemenr and Pllblic Access Scape af Work 42 255-1896-808 March 2006 / . Prepare SEPA and JARPA permits for the upland portion of the site. . Assist City staff in preparation of an amendment to the existing agreed order to include the additional areas of park expansion. . Respond to comments on the SEPA and JARPA permits from regulatory agencies and the public. o Attend public hearing on permit approval. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification of the budget. The following assumptions are made: . The agreed order will be amended to include the park expansion, and no new agreed order will be composed. . Assumes no work or mitigation will be required below the MWWH line. . Assumes no biological assessment or EIS is required. . Assumes no US Corps of Engineers permits are required. . Two (2) meetings will be held with City and Ecology; all other communications will be handled by phone or written communication. . One (1) public hearing is included for permitting. . Assumes one round of comments from agencies on SEP A and JARP A. . Two meetings with regulatory staff (including one site walk) are included. . Assumes building, grading, and erosion control permits will be obtained by contractor. De/iverableS: Parametrix anticipates the following work products for this task: . Draft and Final SEPA and JARPA permits. . Cost Allocation Summary . Meeting minutes from meetings with agencies. Task 13.3 Par~ Design Objective: To develop up to three (3) conceptual designs and one (1) [mal design for the expansion of Evergreen Park and terminus of the proposed Port Washington Narrows boardwalk at the former Chevron Bulk Fuel Facility. Approach: Parametrix will perform the following elements: . Prepare basic materials to facilitate a discussion of the conceptual design at a Conceptual Design Kickoff meeting. City of Bren/erton Beach Se....er Replacement and Public Access Scope of Wark 43 255-1896-808 March 2006 · One (1) site visit followed by a Conceptual Design Kickoff meeting with City staff (not included in the public meetings described in Task 6). · Prepare up to three (3) sketches showing design alternatives based on input from the Conceptual Design Kickoff meeting. · Meet with the City to select one final design approach from among the three conceptual approaches. · Prepare one revised final conceptual design drawing. · Prepare 30% and 90% design to include grading and drainage and landscape architecture. Deliverables: Parametrix anticipates the following work products for this task: · Meeting Notes from conceptual design meeting. · Up to three (3) sketches showing conceptual design alternatives. · One final conceptual design drawing based on the City's selection. · 30%, 90%, and [mal plans for the selected design approach. · 60% and final plans for irrigation. Assumptions: The budget for this task is based on the following assumptions. Changes to these assumptions may require modification to the budget: · 'Parametrix will prepare basic materials for discussion purposes at the Conceptual Design Kickoff meeting. · Two (2) landscape architects and two (2) additional Parametrix staff will attend the site visit and the Conceptual Design Kickoff meeting. Parametrix will record ideas developed at the meeting. One (1) landscape architect may be subcontracted from Hewitt Architects. · Up to three (3) conceptual design sketches will be developed based on concepts identified at the Conceptual Design Kickoff meeting. · No electrical design is included in this task. Lighting will be evaluated under Tasks 5 and 9. · No plans or specifications will be provided for the Plumber's Union Building, but the site plan drawings and features may include the area in which the building is located following its demolition. · No above-ground structures are included. o Four (4) meetings will be held with City; all other communications will be handled by phone or written communication. · The City will perform over the shoulder review of work in progress prior to the 90% submittal and provide one set of comments on the 90% submittal for use in finalizing the plans. CiT)' of BremerTon Beach Sewer ReplacemenT and Pllblic Access Scope of Work 44 255-/896-808 March 2006 · A maximum of eight (8) plan and detail drawings (cap and cover and soft improvements) will be required, including: > Cover Sheet > Legend, abbreviations and notes > Irrigation (2 sheets) > Landscape Architecture (2 sheets) > Sidewalk, Curb and Gutter (2 sheets) · Plan sets will be delivered for the 90% and final (for bid) plans and specifications only. · Specification format and front end administrative sections will be provided by the City. Task 14 Directed Services Objective: This task consists of a reserve fund to cover unanticipated work outside of the defined scope. Expenditures from this task will only be allowed with prior written authorization from the City. City of Bremerton Beach Sewer Replacement and Public Access Scope of Work 45 255-/896-808 March 2006 EXHIBIT B Schedule EXHIBIT C Budget Parametrix ........... ........... ................. .......... ........... ...... ...... ....... ........... ......... ..... ................ ........ ... ..$1 ,269,691 Subconsultants KPFF ........... .......................................:................................................................... $63 8,490 Shannon & Wilson .......... .......... ....... .... ..... ........... .... ....... .......... ............. ...... ......... .$328,286 Pacific International Engineering ...........................................................................$110,000 Hewi tt Arem teets... ................................................................. .................................. $80,899 GRS Bathymetry................. ............ ............... .... .... .......... ......... .......$29,771 S ubconsultant Total............................. ......................... ........................ $1,208,355 TOTAL ......... ............................ ....... .............................. ...... ..... $2,500,096 EXHIBIT D Task I Task 2 List of Deliverables · The team will prepare and deliver routine correspondence, schedule and budget updates, status reports on progress of work, and summary reports on meetings with agencies, property owners and City personnel. · A Project Management and Communications Plan Illustrated (planning) memorandum describing: · The existing planning/urban design , · Alternative access points and physical connections · Related planning/urban design goals and criteria Task 3.2 Task 3.3 Task 4.1 Task 4.2 Task 4.3 Task 4.4 · Plan view survey maps on D-sized sheets at a scale of 1 inch = 50 feet at 1-,2-, and 4-ft contour intervals as appropriate and/or as agreed to by the client. The mapping scale can be adjusted to meet client needs. · AutoCAD plotted contours. We can also provide the final TIN models in dxf format if desired. · Arcview shape files of the final DTM. · Letter report describing the legal description of each property within the project area. This report will include stamped survey documents. · Ten (10) copIes of the Preliminary and final Geologic/Geotechnical Feasibility !\eport. · Ten (10) copies of the Preliminary Geotechnical Report · Ten (10) copies of the Final Geotechnical Report . Ten (l0) copies of the 30% plans, a draft Constructibility Technical Memorandum and a project cost estimate for both alternatives. Task 4.5 . Ten (10) copies of the 60% plans, draft specifications, final Constructibility Technical Memorandum and updated project cost estimate. Task 4.6 . Ten (10) copies of the 100% plans, final specifications and updated project cost estimate. Task 5.1 . Ten (10) copies of the Preliminary Geotechnical Report (in same package as sewer recommendations). Task 5.2 . Ten (10) copies of the Final Geotechnical Report (in same package as sewer recommendations) Task 5.3 . Ten (10) copies of the Draft and final geocoastal analysis report of the existing and alternatives. Task 5.4 . Ten (10) copies of the draft Design Criteria Memorandum. . Ten (10) copies of the final Design Criteria Memorandum. Task 5.5 . Letter report for the three (3) boardwalk concepts. . Ten (10) copies of the Alternatives Analysis Report. . Ten (10) copies of the Constructibility Report. Task 5.6 . Ten (10) copies of the Final Lighting Plan . ren (10) copies of the 30%, 60%, 100% and final design plans . Specifications package for bid documents Task 5.7 . Structural section of Constructibility Technical Memorandum, . Preliminary plans, . Construction cost estimate and schedule, . Outline of structural specification. Task 5.8 The following will be delivered: Ten (10) copies of the 60%, 90% and 100% final plans, final construction cost estimate and schedule, and final structural specification section Task 6.1 e Alternative landscape architectural design options for the Boardwalk. . Alternative concepts for miscellaneous structures located on the Boardwalk. . Related physical design goals and criteria for landscape architectural features. Task 6.2 . Ten (10) copies of the illustrated memorandum describing: ~ Alternative landscape architectural or architectural design options for connections between the Boardwalk and the adjacent uplands and the Manette Bridge. ~ Related physical design goals and criteria for abovementioned connections. Task 6.3 Ten (10) copies of the lllustrated memorandum (formatted for inclusion in the EIS / Facility Plan) describing the (1) preferred concept for each type of architectural structure to be incorporated in the project as well as related physical design goals and criteria for each type of structure Task 7.1 . Teclmical memorandum identifying potential project impacts, probable mitigation requirements, mitigation options, and mitigation costs. . Prepare a recommended mitigation strategy including regulatory justification, scope of work, schedule, and cost estimate. . Records of communication with regulatory agency staff. . Meeting minutes and summaries. Task 7.2 . Meeting minutes and summaries from the agency pre-application workshop. . Draft and final Mitigation Plan. . Draft and final Mitigation Plan Addendum. Task 7.3 . Ten (10) copies of the 30,60 and 90 percent plans, and final plans and cost estimates. The 60 and 90 percent and final plans will include special provisions. Three (3) full- scale and one (1) half-scale copy of the plans and special provisions will be transmitted to the City. Task 8.1 Task 8.2 Task 9.1 Task 9.2 Task 9.3 Task 9.4 . Schedule and spend plan for grants identified . Review comments on grant submittals . Presentation materials including PowerPoint presentations, white boards, and briefing documents as needed. . EIS program schedule and workflow inputs and monitoring. . Action item tracking and reporting. . Prepare environmental compliance work plan and schedule to be incorporated into the overall project work plan and schedule. . Publish Determination of Significance and Scoping notice and a short list of alterna tives. . Ten (10) copies ofthe draft scoping notice for review and comment. . Two hundred (200) copies of the [mal scoping notice that wiIl be mailed to agencies, individuals, and organizations on the distribution/mailing list. . One (I) copy of the final scoping notice will be sent to the Paper of Record (Kitsap Sun). . Materials for the public scoping meeting. . Twenty (20) copies of the preliminary DEIS will be prepared forreview. . Twenty (20) copies of the draft DEIS will be prepared forreview. . l\en (10) copies of the draft Notice ofEIS Availability. . One (1) camera-ready copy of the final Notice ofEIS Availability. . Ten (10) copies of the draft notice for the public meeting. . One (1) camera-ready copy of the final public meeting notice. . 200 copies of the final public meeting notice to be mailed out. . 40 copies of the of the review drafts of the Response to Comments section of the Final EIS. Task 9.5 Task 9.6 Task 10.1 Task 10.2 Task 10.3 · Twenty (20) copies of the preliminary FEIS will be prepared for review. · Twenty (20) copies of the draft FEIS will be prepared for review. ~ Two hundred (200) copies of the FEIS. · Twenty (20) copies of the preliminary BE. · Twenty (20) copies of the draft BE. · One (I) camera-ready copy of the final BE will be prepared for printing. · Meeting minutes from each (BAC) session. · Meeting minutes for each (public open house) meeting. · Meeting announcements, comment forms, directional signs, and sign-in sheets · The following graphics will be prepared and reused and/or updated for each meeting: ~ Vicinity Map. ~ Aerial photographs. ~ Illustrative figures and hand-drawn illustrations. · Typical boardwalk and sewer sections suitable for public presentation. · Plan and profile sheets, suitable for public presentation. · One (1) Power Point presentation that will be updated after the preferred alternative is selected. · ~ne (1) newsletter. · Prepare the content and graphic layout (1 page/front and back) and provide a PDF for printing. · Fact Sheets - Designed to provide an update on the progress of the project as well as can serve as notification to the public meetings. Approximate content include: >- Fact Sheet #1 A project definition, scope, and overall goals and objectives of the project. >- Fact Sheet #2 Project alternatives analysis Taskll.l Task 11.2 Task 12 Task 13.1 Task 13.2 Task 13.3 . Final plans, specifications and bid documents for the City to use during the RFP process. . RFP Outline based on information obtained during design and permitting. . Permit compliance Plan . Engineers cost estimate for probable construction cost of the preferred alternative . Up to 10 RFls as needed to facilitate the bid process. . A memorandum making a recommendation for selection of a contractor. . Trip reports will be provided each day that (construction) support is requested . Draft and Final Cleanup Action Plan . Work Plan for Groundwater Sampling . Letter Report Summarizing Groundwater Sampling Results . Erosion Control Plan . Ten (10) copies of the 90% plans and specifications for City Review. . Ten (10) copies of the electronic and hard copies of the final plans and specifications. . Stormwater management report. . Technical memorandum on the engineer's estimate of probable cost for construction. . Technical memorandum on the engineer's estimate ofprobab1e cost for construction. . Bid Package. . Draft and Final SEP A and JARP A permits. . Cost Allocation Summary . Meeting minutes from meetings with agencies. . Meeting Notes from conceptual design meeting. . Up to three (3) sketches showing conceptual design alternatives. . One final conceptual design drawing based on the City's selection. . Ten (10) copies of the 30%, 90%, and final plans for the selected design approach. . Traffic Study. . 60% and final plans for irrigation. 10 :() .1nltJ.:..... ------stitt T..~O\ Pll'i,!;1~' Th""'1Of , :.l r.._ \.1 c..,rdntl..n Thl/&ll/Ot --,- ":3 Tn.. t,' 0."9" O~ttr Cqf'llnl1 Th"llI"Ot . ::::3 T It ~ IJ ~.L"..,I... """".. -'T":::I rukU'''''''''!' 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