HomeMy WebLinkAbout05/03/2006 AGENDA
FILE
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 03 (360) 473-5280
MAY 3,2006
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. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-089)
B. Meeting Minutes - April 5, 2006 (#AB06-090)
C. Meeting Minutes - April 12, 2006 (#AB06-091)
D. Ordinance No. 4969, repealing Chapter 2.11 of the Bremerton Municipal Code entitled ''Traffic
Safety Commission" (#AB06-092)
E. Service Agreement with QWEST to provide DS1 Service to Listed City Facilities (#AB06-093)
F. 2006 Budget Amendments for 2005 Capital Carry Forward Items (#AB06-094)
G. Ordinance No. 4970, updating references to the Zoning Code in Chapter 2.13 and Rate Table
C of Chapter 3.01 of the Bremerton Municipal Code (#AB06-095)
H. Approval of CDBG Program Administrator at Band 11, Rate 4 of the "2006 Prof~ssional,
Confidential & Fiduciary Pay Plan" (#AB06-096)
6. PUBLIC HEARINGS
A. First of 2 Public Hearings on First Amended Concession Agreement between the City of
Bremerton and OLYMPIC SOCCER & SPORTS CENTER, LLC [No Council action is expected until
the -rd Public Hearing scheduled May 17, 2006] (#AB06-097)
B. Public Hearing and Ordinance No. 4971, amending several sections of the Zoning Code, Title
20 of the Bremerton Municipal Code (#AB06-098)
7. GENERAL BUSINESS
A. Professional Services Agreement with PARAMETRIX, INC. for Port Washington Narrows Beach
Sewer, Boardwalk, and Evergreen Park Expansion Project (#AB06-073)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
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. .
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CITY COUNCIL MEETING
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SPlEAKERS LIST
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PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MIUST BE SUBMITTED IN WRITING.
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I THANK YOU.
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PLEASE PRINT YOUR! NAME BELOW IF YOU PLAN TO
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SPEAK DURING THE COUNCIL MEETING TONIGHT
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DATE SUBMITTED:
BILL # C/0 - () ~7
(
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
sA
........................................................................................
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date: s-- '3 ---CJ ~
Department: Financial Services
Presenter: Cathy Johnson
Phone:
SUMMARY:
ATTACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA [J I
~t./;/~'C~;;(
RECOMMENDED MOTION: Move to approve:
1) Check#'s 30?057 - 3 ()?(-'.:{( r
EFf's ;'170 (l- ;W
~ 7:2 -~
$ 7 '7 ~ Y<J r;,~ 9 S-
.
3) Retiree Payroll for
'-1- 'Sf) -0 (p
$
$ 7)) Itf/,,7V
2) Regular Payroll for
COUNCIL ACTION: ~pprove
o Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: If / {<f /0(0
BILL# O~ - 0'10
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
';B
............m8................a...sB................a...D...............................
SUBJECT: Minutes of Meeting -
Af('~ \ 5) 200 <P
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
JY\ aAf._ 3) J.. Q 0 0_
City Council'
Cecil McConnell,
Council President
(360) 473-5280
Phone:
SUMMARY:
Attached are the meeting minutes for the Council Meeting held A rei \ S) "'2-00 (p
ATTACHMENTS: Meeting Minutes for !\ r(: ( 5 ) 2.. 00 &
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERA nONS: '
~'"';?--. '. ",,.;:,.-,' ,'. ,.....f,-r" /./~
COUNCIL PRESIDENT: c #;:~,'!1..~~L' (:~:~~-;. /.,~:-:,::"::::!cj.{.t:l
RECOMMENDED MOTION: Move to pass the CONSENT AGENDA as presented.
I CONSENT AGENDA ISII
L i
COUNCIL ACTION: ~ Approve
o Deny
o Table
0,..., .
. '00ntmue
o No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 5, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, April 5, 2006, at 5:30 PM, with Council President Cecil McConnell presiding. Council
members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Adam
Brockus, and Brad Gehring. Council Members Wendy Priest and Will Maupin were absent. Also
present were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Council Assistant
Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation
provided by of Pastor Dennis Payne of Ebenezer African Methodist Episcopal Church.
President McConnell
. Announced that a Pre-Council Session and a 10-Minute Executive Session to "Review Labor
Negotiations"per RCW 42.30.140 (4) (b) were held in Council Conference Room 603 from 5:00 to
5:30 PM; and
. Announced that Item 7 A under GENERAL BUSINESS has been pulled from the agenda.
MA VOR'S REPORT
Cynthia Enaelaau of the Parks Department read a proclamation on behalf of the Mayor declaring
Apri/12, 2006 as "Arbor Day". She also announced that there will be an
Arbor Day Celebration held on Wednesday, April 12 beginning at 10:30 AM at the Sheridan Park
Community Center.
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS - "A Call to Citizens..."
There were no comments or announcements tonight.
CONSENT AGENDA
A. Check Numbers 307342 through 307621; and EFT-8912 through EFT-8913; EFT-8915 through
EFT-8918; EFT-8920 through EFT-8929; 8914P;8917C; and 8919P in the amount of $632,406.62
(#AB06-067)
B. Amendment No. 1 to the Professional Services Agreement with Grant Solutions for GRANT
WRITING SERVICES (#AB06-068)
There were no other comments from the public.
5:36:08 M/S/C/U (Brockus/Arends) Move to approve the Consent Agenda as presented.
6A - ORDINANCE NO. 4967, APPROVING AND AUTHORIZING TERMINATION OF THE
DEVELOPMENT AGREEMENT WITH NORTHWEST CORPORATE CAMPUS, LLC (#AB06-069l:
Roaer Lubovich, City Attorney, summarized that the City entered into a Development Agreement
with NORTHWEST CORPORATE CAMPUS, LLC. L 160-1 Kitsap, LLC has purchased the property subject
to the Development Agreement and desires to develop the property with residential units consistent
with the current zoning of the property. L 160-1 Kitsap, LLC, as successor in interest to the
Development Agreement, is requesting termination of the Development Agreement in order to
develop the property consistent with its current zoning.
There were no comments from the public.
Mr. Shepherd offered his support in ending this agreement since he believed it was not the right fit
for the project.
City Council Reg. Mtg. Minutes
Wednesday, April 5,2006
Page 2 of 4
Mr. Gehring asked what kind of development could be expected in that area, assuming infrastructure
would be in place. Mr. Hugo responded that there is development potential up to 1500 dwelling units.
He added that the City would not necessarily be the service provider in that development, but would
assist the developer in finding a solution.
5:40:37 M/S/C/U (Arends/Robinson) Move to pass Ordinance No. 4967, approving and authorizing
termination of the Development Agreement between theCity of Bremerton and Northwest Corporate
Campus, LLC.
6B - RESOLUTION NO. 2991 TO CONTINUE THE MORATORIUM ENACTED NOVEMBER 30.
2005; AND CONTINUED BY RESOLUTION NO. 2987. ON DEVELOPMENT OVER 40-FEET HIGH
IN THE HIGHLAND/PLEASANT AVENUES DISTRICT (#AB06-070): Chris Huao, Community
Development Director, explained that on November 30, 2005, the Council approved a 60-day
moratorium on development over 40-feet in the Highland/Pleasant Avenue District between 6th and
11th Streets until design guidelines could be developed. On February 1,2006, City Council adopted
Resolution No. 2987 continuing the moratorium until April 13, 2006. Staff is requesting an additional
continuation of the moratorium, until June 12, 2006, to allow City Council's consideration and
adoption of design standards which are expected to be presented on April 19, 2006.
Virainia Starr asked if there will be a vote by residents on the height issue. Mr. McConnell
responded that residents do not vote on this issue. Mr. Hugo added that the design standards for the
Highland/Pleasant area will be coming forward to Council and will allow an opportunity for citizen
comment prior to passage.
Mr. Brockus asked when the moratorium would end. Mr. Bagwell answered on June 1ih.
Mr. Hugo clarified that the moratorium would expire when the guidelines are adopted.
5:46:42 M/S/C (Arends/Wofford) Move to pass Resolution No. 2991 continuing the moratorium
enacted on November 30, 2005, and continued by Resolution No. 2987 on permits for development
over 40-feet in the area designated 60-feet on Figure 20.74 (a) of the Bremerton Municipal Code until
June 12, 2006.
Voted in favor Motion: Shepherd, Robinson, Arends, Wofford, Gehring
Voted opposed to Motion: Brockus, McConnell
Motion carried: 5-Yes; 2-No
6C - RESOLUTION NO. 2993 REGARDING THE CHANGE-iN-USE AND FUTURE SALE OF CITY
PARKS PROPERTY LOCATED AT 1109 WARREN AVENUE; AND DEMOLITION OF CURRENT
STRUCTURE (#AB06-071 ): Phil Williams, Public Works & Utilities Director, stated that the Parks
Department staff have determined that the property located at 1109 Warren Avenue, known as the
Warren Tennis Courts and Community Center (or Girl Scout/Camp Fire property) is underutilized due
to its location at a very busy intersection and its lack of parking facilities. Public Works & Utilities has
determined that right-of-way improvements at the intersection of Warren Avenue and 11 th Street are
important for citizen safety and that these improvements will necessitate demolition of the community
center. The City wants to include extensive landscaping in the form of a streetscape with the right-of-
way improvements and wishes to sell the remainder of the property and reinvest the funds into other
park facilities. Prior to significant change in use or sale of this park property, BMC 13.12.030 requires
(1) that the Parks Board submit an advisory report; (2) The City Council hold two public hearings; and
(3) the City Council, by unanimous vote of the full Council membership, declare the property surplus
and no longer suitable for use as a park, playfield, open space or recreational activity by the
Bremerton community. The Parks & Recreation Commission has submitted its advisory report and
City Council Reg. Mtg. Minutes
Wednesday, April 5, 2006
Page 3 of 4
public hearings are scheduled for March 29, 2006 and April 5, 2006. He added that a lease with the
parties regarding use of building is currently being developed and that agreement may allow the
building to remain in use for a few years and cause a delay in demolition.
There were no comments from the public...
Kathy Thayer of Girl Scouts requested clarification in language within the resolution, and
emphasized that the group has improved the building at a cost of $25,000 over the last 5 years.
Mr. Bagwell clarified that if Council took action on the lease prior to taking action on the resolution at
the Council Meeting on April 19th, then the resolution language would be changed to reflect the lease
agreement.
Karen Aoyama of Campfire asked Council to continue their support of the organizations' use of the
building, and would like to partner with the City to come to a compromise that would benefit the City
for continued youth programs and improved street safety. She also thanked Mr. Williams and Mr.
Bagwell for the information they provided prior to the hearing.
Jean Markovich and Carolyn Miselin of Girl Scouts both urged the Council to not demolish the
building.
Donald Smithhisler suggested that the building be moved to another location instead of demolished,
and believed that if the City were interested in going that route, staff may contact Nickel Brothers at
(206) 933-9699.
Ron Van Hollebeke of Kiwanis suggested that the building be moved back to where the tennis courts
are currently located.
Helen Miller believed that the property was to be used for youth programs and asked if there was
evidence to support that assumption by her and other residents. Mr. Bagwell responded that after
reviewing records, no evidence was found that there was any requirement for using the property to
further youth programs.
Mary Fischer asked Council to find a solution to help the community's children who benefit from use
of the building.
Steven Jones of Campfire provided a long list of activities that Campfire offers youth, and
emphasized that there are many volunteers who help coordinate those programs.
Linda Surette is personally involved with Girl Scout Brownie Scout programs, asked Council to
support continued use of the building, and thanked Council for hearing their comments.
Ann Kim asked Council to consider this a "home" and not just a "building", and to do everything they
can to provide this home to all of the children who are involved in the various programs.
No action was taken by the Council at this time. .. A second Public Hearing is scheduled on April 19,
2006.
7A PROFESSION^L SERVICES AGREEMENT WITH PARAMETRIX. INC. FOR PORT
WASHINGTON NARROWS BEACH SEWER. BOARD'.'\'^LK. AND EVERGREEN PARK
EXPANSION PROJECT (#^B06 072): Item was pulled from the agenda...
City Council Reg. Mtg. Minutes
Wednesday, April 5, 2006
Page 4 of 4
COUNCIL MEMBER REPORTS
Mr. Wofford reminded the public that April is "Volunteer Month" and encouraged people to volunteer
for Scouting organizations, shoreline clean-ups, and Habitat for Humanity projects.
Mrs. Arends encouraged people to check out Builders Bargains, a new store offered by Habitat for
Humanity, and stated that all sales benefit their projects.
Ms. Robinson reported on the various committee meetings she has attended, which included Kitsap
Regional Coordinating Council Policy Board, Health Board, One Church One Family, and Parks &
Recreation Commission. She also offered her support to the Girl Scouts and Campfire programs.
Mr. Shepherd discussed the One Church One Family program, and hoped that the group will also
address homelessness in Bremerton; and announced that there will be a Greater Peninsula
Conservancy tree planting project at Blake Island on April 15 and 16, a Kitsap County Earth Day
program on April 22, and a Boy and Girl Scout Tree Planting Project on April 29 along Warren
Avenue.
Mr. Brockus offered his support for moving the Girl Scout building; encouraged people to contact
Parks & Recreation to find out more about spring programs; announced that the next District 3
Meeting will be held on April 25 starting at 7:00 PM at the Manette Senior Center located at East 13th
& Nipsic; and announced that TeenFest will be held on April 29 at the Kitsap Mall.
Mr. Gehrina has found Builders Bargains very helpful on his own home building project; announced
that the Spring Clean-Up will be held on Monday, April 17 through Saturday, April 22 at the Public
Works & Utilities Operations Center located at 100 Oyster Bay Avenue. People may contact (360)
473-5920 for more information.
Mr. McConnell thanked Cynthia Engelgau for offering trees to the Council and suggested that any
Council Members who did not have a place to plant the trees, could donate them to upcoming Kitsap
Trees planting projects.
With no further business, President McConnell adjourned the regular business meeting of the City
Council at 6:23 PM.
Prepared and Submitted by:
L- ~~,
~,
CHRISTINE GRENIER "
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM/PJlls/cg
DA TE SUBMITTED: L{ / (L{ I 0 ro
BILL # 0 to - 0 9 L
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~c
.............................................B.....8...u.................a....a.........
SUBJECT: Minutes of Meeting -
Lf I ( 'J--/ 0 0
Committee Meeting Date: N/A
COUNCIL MEETING Date: Mall 3) ;J-e>o~
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held L/ / ( J-/ 0 (0
ATTACHMENTS: Meeting Minutes for Lf! I d- /0 (C
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERA TIONS:
COUNCIL PRESIDENT: <""';?':.-; /:"~~:::'[: 0~/?1
RECOMMENDED MOTION: Move to pa:ss the CONSENT AGENDAas presented.
I CONSENT AGENDA [g] I
cnUNCIL ACTION: C2J Approve D Deny D Table
D Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, April 12, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton,
Washington, Wednesday, April 12, 2006, at 5:30 PM, with Council President Cecil McConnell
presiding. Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne
Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, and Brad Gehring. Also present
were Assistant City Attorney Ken Bagwell, City Clerk Paula Johnston, and Council Assistant
Christine Grenier.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the
invocation provided by Council Member Dianne Robinson.
President McConnell
. Announced that a Pre-Council Session was held in Council Conference Room 603 from
5:00 to 5:30 PM.
PUBLIC RECOGNITION & SERVICE ANNOUNCEMENTS - ''A Call to Citizens.....
Claire Shrodt asked Council Members to support downtown revitalization through adoption of
design guidelines for the Highland and Pleasant neighborhoods.
Gordv Bvrd asked why the public can not comment during study sessions. President
McConnell responded that the public has an opportunity to comment on the items when they
are heard at Council Meetings.
Curtis Lending also asked Council Members to support downtown redevelopment by
approving design standards and resolving height issues.
Shane Shrodt reminded Council that the Planning Commission is recommending that 1)
guidelines be adopted and 2) the height limit be lowered from 60-feet to 40-feet with a pitched
roof or 35-feet without a pitched roof.
Dianne Robinson announced that there will be a free lecture series on "African American
Pioneers" offered through Olympic College beginning on April 19th from 7:30 to 8:30 PM in the
Music Department.
CONSENT AGENDA
A. Check Numbers 307622 through 307799; and EFT -8930 through EFT -8931; EFT -8933
through EFT -8937; EFT -8939 through EFT -8941; 8932P; and 8938P in the amount of
$1,149,768.56; Regular Payroll in the amount of $674,512.50 for the pay period ending
March 31,2006; and Retiree Payroll in the amount of $78,962.17 for the pay period ending
March 31,2006 (#AB06-073)
There were no other comments from the public.
5:43:03 M/S/C/U (Priest/Arends) Move to approve the Consent Agenda as presented.
City Council Reg. Mtg. Minutes
Wednesday, April 12, 2006
Page 2 of 2
With no further business, President McConnell adjourned the regular business meeting of the
City Council at 5:43 PM. Council Members reconvened in Council Conference Room 603 for a
STUDY SESSION to hear presentations on upcoming agenda items.
Prepared and Submitted by:
~~~
CHRISTINE GIiENIER ....
Council Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM/PJ/ls/cg
DATE SUBMITTED: April 18, 2006
BILL# Db - 0 9~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
51>
........................................................................................
SUBJECT: Ordinance No. 1 q Co ~
repealing BMC 2.11 entitled Traffic Safety
Commission
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
April 26, 2006
May 3,2006
Financial Services ~
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 No. J\f\ (0'\
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
I CONSENT AGENDA)O ]
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Ordinance No. ~ ~ 0 ~
entitled "Traffic Safety Commission."
repealing Chapter 2.11 of the Bremerton Municipal Code
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue D No Action
ORDINANCE NO. -49 0 ~
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 i~ its entirety as follows:
Chapter 2.11
TR\FFIC S}~FETY COMMISSION
2.11.010 TRAFFIC SAFETY COMMISSION CREATED.
There is created a Traffic Safety Commission composed of a representatiye 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 2.11.020ed). These four members '.",ill be representative of the follo'.",ing constituencies:
1) One member will represent the Central Business District and may reside outside the City; 2)
One member will represent commuter interests and may reside outside the City; 3) Two
members 'Nill be at large Bremerton residents.
2.11.015 APPOINTMENT AND TERl\fS OF NON STAFF l\fEl\fBERS.
.^,JI non staff members of the commission shall be appointed by the 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 tenn.
2.11.020 PO"TERS }~ND DUTIES.
The purpose ofthe Commission shall be to:
ea) Recommend the adoption of policies and ordinances ,-,'.'hich v/ill enhance traffic
safety in such areas as access control, crosswalk placement, speed limits, and traffic flow.
eb) Revie'.v and provide coordinated roconmlendations for all maj or plats, rezones,
and developments ,-",hich will ensure safe locations for vehicle access and address traffic impacts.
e c) Recommend priorities for future traffic control improyements.
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) Advise the City Engineer in the approval of parking within street planting
~
(3) Review and recommend policies and ordinances regarding regulation and
enforcement of public parking; and
(4) Review and recommend development of facilities for public parking,
including right of 'Nay improvements which affect parking in coordination with the capital
improvement plan.
2.11.030 CONDUCT OF MEETINCS.
The Commission shall regularly meet at least monthly and shall adopt bylU\vs 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 of this 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
4q (qq
,2006
,2006
R:\LEGAL\Ordinances\2.] ] Traffic Safety Commission RepeaJ.doc
2
Chapter 2.11 Repeal
DA TE SUBMITTED: November 1, 2005
BILL # 00- 09'3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Sf
.....a..................................................................................
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 DS1
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 in 2006 ($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.
ATTACHMENTS.: 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:
OPERA TrONS:
COUNCIL PRESIDENT:
APPROVALS:
DEP AR TMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
-
.~,-u'c
&. ,7
RECOMMENDED MOTION: Move to approve service agreements with Qwest and authorize the
Mayor to finalize and execute the necessary documents.
I CONSENT AGENDA ftl .
COUNCIL ACTION: D Approve D Deny D Table
D Continue D 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 DS1 Service Agreement ("Agreement") is between CITY OF BREMERTON ("Customer") and Owest
Corporation, ("Owest") and is effective on the date Owest signs it ("Effective Date"). Owest will provide, and Customer will purchase,
Owest Intrastate DS1 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
Owest'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 Owest'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 Owest serving wire
centers, Central Office Multiplexers ("COMs") must also be ordered for each serving wire center of the OS 1 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, intraLA T A 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, intraLA T A telecommunications service consistent
with such regulations. F.C.C. regulations permit 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 months from the date Service is available to Customer, as evidenced by Owest 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 Owest'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
5 239 4'n, BREMERTON 100 OYSTER BAY N, BREMERTON
680 LEBO BV, BREMERTON
1600 OYSTER BAY AV 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 Owest cancels the Service at the end of the Grace Period, Owest 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 1 Yz% 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,
DS1lntrastate
Page 1
CONFIDENTIAL
Copyright @ 2005 Owest. All Rights Reserved.
v1.1 021 05
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, NONINFRINGEMENT, 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 v1.1 021 05
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 Owest 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 Owest 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. Owest reserves the right at any time to reject any handwritten change
to the Agreement.
DS11ntrastate
Page 3
CONFIDENTIAL
Copyright @ 2005 Owest. 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:
DS11ntrastate
Page 4
CONFIDENTIAL
Copyright @ 2005 Qwest. All Rights Reserved.
v1.1 021 05
DATE SUBMITTED: 4-18-06
BILL# 06-094
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SF
......................................................D.................................
SUBJECT: 2006 Budget Amendment for
2005 Capjtal Carry Forward Items
Committee Meehng 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 of2005 - were not completed by year end as anticipated. Attachment A to
this agenda bjll includes a listing (by fund) of the approved 2005 capital expenditures not concluded
whjch 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 expendjtures 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 expendjtures 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 expendjtures will be provided for from the carry forward
of these greater fund balances.
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 Ested in Attachment A whjch are capital items carried forward from the 2005 adopted budget.
,.
/
I CONSENT AGENDA ~
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
D Continue 0 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
._.,_ __"OW"" ,_____,__ ,_n'"
...!.....,'...m.i.....!..........!.....
'. w .:
,- .
:- ,.
. .
. , '.. ',: :~.: '-.-~ ;;:-\ ":
. :.:,: ';~"'- "-:'::;:>.", ,--:' ::~;,._.,.,.,,,
:: <. ::-,-)--,:;,?,:_:::<:::-'~
:::i,;:" '.X. ~--V~'<--:::-'i
m Memorandum
To:
From:
City Council
Mayor Cary Bozeman II
Laura Lyon, Director of Financial serviC'
2006 Budget Adjustment for 2005 Capital Budget Items Carried
Forward into 2006
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 carryforward 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 # 0 h - 0 '1 5
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5E,
................................a...a..............................DD...................
SUBJECT: Ordinance No. 4-970
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 No j 4 Q70
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
I CONSENT AGENDA ~/.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
..
Move to pass Ordinance No.4Q IDupdating 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. kq 10
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, ani ending 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 fr20 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 depmiment director's administrative decision when
provided in the Bremerton Municipal Code.
(d) hear code enforcement matters pursuant to provisions of the Bremelion
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 of land 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 of the 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 of the 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/detenninations 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.MG130-BMG, for the following:
(a) Appeals of all Type I and Type II proiect permit land use administrative
decisions ttS-id~ntified in BMC 20.02.040 and appealed pursuant to set forth in BMC
2l.02.84020.02.140( a)(3).
(b) Appeals of all Typo II land use administrati'.'e decisions as sot 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.
(fEl) 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.
(~,t) Appeals of administrative decisions on short subdivisions and plats
pursuant to Section 20.04.100 BMC 20.12.100.
(fg) Appeals of administrative determinations applying the Unifom1 City
Building Code, Uniform Plumbing Code, Unifonn Code for the Abatement of Dangerous
Buildings and the Bremerton Housing Code pursuant to Section 17.04.070 BMC 17.04.140.
(gfi) Appeals of administrative determinations applying the Unifonn 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.l3.+4G130 for all Type III land useproject penllit 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 pemlit 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 f011h 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
reconmlendation, 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)(1)RCW 90.58.l40(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 II 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.+49130 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. 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 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:
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\legal\2.13 technical corrections.doc
5
BMC 2.13 Technical Corrections
DATE SUBMITTED: April 17, 2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
00-090
5H
1.....0........................................................a.a....o.......a.........
SUBJECT: Approval of CDBG Program
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 of DCD proposes to offer the vacant CDBG Program Administrator
position to Betsy Howe, the current CDBG Program Coordinator. Betsy has been in her position since
March of 2005 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.
A TT ACHMENTS:
FISCAL IMP ACTS (Include Budgeted Amount): None. The higher starting salary is within the
2006 budget for this position.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA ~
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTIO~: Motion to arprove the hire oft~e CDBG Prog;;am Administrator at
Bandll,Rate4'it~ ~~9::-~C/~ rayff~,
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# Oft, - oCf7
~A
.A'MENDED
DATE SUBMITTED: April 20, 2006
a a a . a a a p~ kii'~ au~~at;q 7a a . a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a . a a a a a . a a. a a a a a a a a a.. a · a I
SUBJECT: First Amended Concession Committee Meeting Date: April 26, 2006
Agreement Between City ofBremerton and COUNCIL MEETING Date: May 3,2006 -::r- ~y 17) ;;)....00 (p
Olympic Soccer & Sports Center, LLC 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. {I/o/O fvhl/ t I+eqr Ing S aYe. ref; vi rtel be{()ve-
Co Uvtt.-[ I a c..-+r- c;)y\."
ATTACHMENTS: Proposed First Amended Concession Agreement Between City of Bremerton
and Olympic Soccer & Sports Center, LLC
FISCAL IMP ACTS (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.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
I CONSENT AGENDA 0 ]
NO acfion 011 /0t1.i 3) :;)00&
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 ofBremerton (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 of the 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.) ofthe 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 of lender, 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 ofthe 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 of the 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 of this 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
tenns 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
tenn(s) ofthis 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 ($1000.00) per month beginning on the effective date ofthis 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- June 2007). The CPI adjustment shall occur on the
following January 1 st of each year during the term ofthis Agreement. No adjustment, whether an
increase or a decrease, shall exceed two percent (2%) arumally. 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 aruma1
basis or as otherwise approved by the CITY.
3.1.2 Re-Opener of Compensation and Insurance Coverage. At any time within
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 a re-opener of the consideration and leasehold tax set
,.,
.)
forth in Article 3 and the insurance coverage required in Article 8.5.2. The parties acknowledge
that it is the intent to provide no more than one re-opener for each ten (10) year term, or
remaining portion thereof if notice to re-open is given after the beginning ofthe new term, unless
the parties mutually agree to additional re-openers. Upon such request, the 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 dming 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 sl 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 CONCESSIONAIREand is outside the scope of this
Agreement.
4
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 EFFECTNE DATE of
this Agreement. It is mutually understood and agreed that the CITY can receive its full annual
compensation of 150 hours of Premises use at any time during the 12 month period-begilming
with the EFFECTIVE DATE ofthis 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 of the 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, of the
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 of the 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 indenmity, 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.
5
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 arumal
compensation of 150 hours. The CITY may increase its hours of Premises use beyond its annual
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 tenn 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 tenn 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 ofCONCESSIONAJRE's noncompliance with the provisions of
6
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
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
7
CONCESSIONAIRE fails to accomplish such repairs within fifteen (15) days ofreceipt of
written notice by the CITY, then in that event CITY may, but is not required to, enter the
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 applica60n 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,
indenmify, 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.
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
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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 of the essence with this Agreement.
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 pennits, fees, and expenses associated with
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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 ofthe 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 proj ect. 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
remove the liens. Further, CONCESSIONAIRE agrees that it will save and hold the CITY
harnlless 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
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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 mamler 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 substitution 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 terms
of this Agreement pursuant to Article 2, at which time, all improvements shall become the
property of the CITY.
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 tenn of the financing term. By its
signature to this Agreement, the CITY confimls its authority to provide the ten-year Agreement
tenn 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
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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 of this 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 tem1inate this Agreement, CITY may tenninate 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:
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 perfonns
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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
tenus 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.
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.
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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 thereofby CITY shall not constitute a waiver of
CONCESSIONAIRE's default. CITY shall not in any event be liable for inconvenience,
am10yance, 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. CONCESSIONAlRE shall pay CITY, on demand, all sums so paid by
CITY and all necessary incidental costs, together with interest thereon at the lesser of 112 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
COlmnences 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 anyone or more of the
following events constitutes a default under this Agreement by CONCESSIONAIRE: (1)
CONCESSIONAIRE shall be in default of the performance 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
15
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
tenninated as provided herein, the proceeds of such insurance policies shall be used by
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 tennination 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
16
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.
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
17
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 of this
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, W A 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
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 permits,
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.
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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 ofthis 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
umeasonably withheld. The CGL shall name the CITY as an additional insured and must fully
protect the CITY from any and all claims and risks and losses in connection with any activities
or omissions by the CONCESSIONAIRE by virtue ofthis 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
19
shall apply to damages to adjacent property. Notwithstanding any other provision ofthis
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 P ARK, 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 of the 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 ofthe
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 attributab Ie 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.
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 of the
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 umeasonably withheld. In the event of an assignment, subcontracting, or
delegation of duties, the CONCESSIONAIRE shall remain responsible for the full and faithful
perforn1ance 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
20
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 CONCESSIONAlRE is not in default, the CONCESSIONAlRE 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 CONCESSIONAlRE, 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 CONCESSIONAlRE 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 CONCESSIONAlRE agrees to indemnify and hold harmless the City from
all damages assessed for the CONCESSIONAlRE's failure to comply with the Acts and
Standards issued thereunder. The CONCESSIONAlRE 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.
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
CONCESSIONAlRE 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.
21
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 of the 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
ofthat 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
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.
22
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 Kitsap County, Washington.
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.
OL YMPIC 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.
Type/Print Name
Notary Public in and for the
State of Washington residing at
My Commission expires
23
CITY OF BREMERTON
a Washington municipal corporation
By:
Cary Bozeman, Mayor
APPROVED AS TO FORM:
Roger A. Lubovich, City Attomey
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 KlTSAP )
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
BREMERTON 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.
TypelPrint Name
Notary Public in and for the
State of Washington residing at
My Commission expires
R:\Legal\Legal\FiJes\Current Active Files\OJympic Soccer\Amendment No. J .v2 (cJean).doc
24
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EXHIBIT B
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EXHIBIT C
Value and Compensation
i)f~!~~f'~~
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
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. f1. for the June 2001 concession site
area and proposed addition (50,000 sq. f1.)
($0.20 per sq. f1. 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 Ihr)
Total Concession Value
$4,140.00
$21,000.00
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150 hours offield time valued at $60 per hour = $9,000
Concession value ($21,000) minus field time ($9,000)
$12,000 per year monetary
compensation
CONCESSION AGREEMENT
Exhibit C
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
06-098
~B
.AMEND,ED
DATE SUBMITTED:
.......................................................a...........~
SUBJECT: Public Hearing to approve
ordinance No4-Q1 \ amending several
sections of the Zoning Code, BMC1itle 20.
t
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.1n1 amending several sections of the Zoning Code, BMC title 20.
ATTACHMENTS:
1. Ordinance NoAQ11 including Planning Commissions Findings and Conclusions
2. Staff Memo
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~
RECOMMENDED MOTION: Move to pass Ordinance No.1j1l to amend several sections of the
Zoning Code, BMC title 20.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA 0 ]
COUNCIL ACTION: D Approve D Deny D Table
D Continue 0 No Action
ORDINANCE NO. 4 C1.1 \
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending numerous sections of the 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 illC():rporated 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:
Application Type DeterminatilJIl 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 SEPA)
(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
SEPA)
(14) Modification of critical area Yes Yes No Yes
standards (requiring SEP A)**
ill} Stand alone non-project SEP A No No No No
TYPE II DlREC'JOR DECISIONS
*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 <letailed 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 1 fit between the first business day in J anuarv 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 "^-..pril1 fit-the deadline shall be resubmitted during considored 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:
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 ofthe IRC. For commercial
structures see the International Building Code.
PAVED SURF ACE means a surface paved with asphalt, concrete, concrete pavers, brick or
similar durable materials. Low impact development technologies such as 'grass crete' or
pervious pa'/ement, which provide a hard surface while allowing for water penetration shall 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" of the
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 ofthe
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 oflivestock or fov/l shall conform to the
requirements of Brcmerton Municipal Code, Chapter 7.08.700.
SECTION 6. Section 20.44.090 entitled "Rounding of Fractions of Dwelling
Units" ofthe 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'VELLINC 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 G-:6B. In no case shall setback requirements be rounded.
SECTION 7. Section 20.46.070 ofthe Bremerton Municipal Code entitled
"Adaptive Reuse of Public and Semi-Public Buildings" is hereby amended to read as follows:
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.
(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, aE:tl-post offices. and other public services.
(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);
4
Title 20 Amendments
(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) Officelbusiness assistance services, call centers, and general offices;
(13) Social services/facilities; afl:d
(14) Welfare and charitable services/facilities; and7
(15) Public Services.
SECTION 8. 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 9. 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 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
}JlY land use containing drive through services or drive through service bays shall
provide "stacking spaces" in accordance ';'lith the following
(a)Designod to accommodate '.'ehicles U'.vaiting Gervice and prevent them from extending
into a public right of way;
(b)A minimum of four (~) stacking spaces shall be provided for each lune 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 tov/ard the required off street parking
spaces; and
(0) Stacking requirements shall not apply to auto service facilities such aG gas stations,
service stations, and auto repair 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:
5
Title 20 Amendments
(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 ofthe 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.
(b) Building Signs:
(1) Sign Area: The aggregate area of all building signs, proj ecting 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.
6
Title 20 Amendments
SECTION 14. 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 15. 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
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 20.60.040(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.
(iyii) 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 adj oining residential
properties;
(tv) Additional measures may be required if deemed necessary to
7
Title 20 Amendments
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 16. 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 ~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
(4)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 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:
8
Title 20 Amendments
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) 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
(4) 5,000 sq ft to 5,499 sq ft
(5) LeGs 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
4,300 sq ft
(e) Exception to Minimum Lot Areas and Maximum Target 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 ofland 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 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 containing non-residential uses shall be rounded down to
4,300 square feet to detemline 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 of the number of units exceeding twenty five
illl
(5)lJllots with commercial, industrial, or special district zoning shall not be
included in the a','crage lot urea calculation.
(g) Target Density / Minimum Lot Area Discrepancv: 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.
9
Title 20 Amendments
SECTION 17. 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 18. 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 19. 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 20. 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
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
,2006
,2006
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
R:\Legal\Legal\Ordinances\Community Development\2005 Zoning Code Amendment\Title 20 technical corrections. doc
10
Title 20 Amendments
Exhibit A
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).
OPTIONS
. Adopt the changes proposed by Planning Commission in Attachment I
. Adopt the Planning Commission's recommended changes to the Zoning Code with
mod ifications.
. Deny the Planning Commission's recommend changes to the Zoning Code.
ATTACHMENTS
. Attachment I - Narrative of Planning Commission recommended changes
. Attachment II - Planning Commission meeting minutes
Attachment".
Narrative of Proposed Zoning 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 II 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 L 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
1
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..l Stand Alone Non-Proiect 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 /\priI1st-the deadline shall be resubmitted
durinq concidered 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 r.equired 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
Attachmerifl
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" should not have 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 ~s
'gr~ss crete' or pervious p~vement, which provide a hard surface while allowing for
water penetration shall 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) Accessory structures for the keeping of livestock or fovvl sh~11 conform to
the requirements of Bremerton Municip~1 Code, Ch~pter 7.08.700.
3
--
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'NELLlNG 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=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 {hOO. In no case shall setback
requirements be rounded.
Location of the Amendment in the Ordinance - Section 7, page 4
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 public service
building could be converted from one public service 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
4
Attachment I
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.
(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, aRG post offices...
and other public services.
(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) Public Services
5
Attachment I
Location of the Amendment in the Ordinance - Section 8, page 5
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 Spoci31 Use Permit and
the City may require a security guarantee for restoration.
Location of the Amendment in the Ordinance - Section 9, page 5
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 familv 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.
6
Attachment I
Location of the Amendment in the Ordinance - Section 1 0, page 5
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 bnd uso cont~ining drive through sorvices or drive through sorvico b~ys
sh~1I provido "st~cking cp~cos" in ~ccord~mco with tho following
(u)Decignod to 3ccommod3to vohiclos 3w~iting sorvico 3nd prevont thom from
.. . .
,
(c)Ser\/ico b~yc 3nd drive through l~nGc sh311 not bo dosignod to bo ontored from
,
(d)CircuI3tion 3nd st3cking ~re3S sh~1I not bo countod tmv~rd tho roquired off
St3cking requiromonts sh~1I not ~pply to ~uto sorvico f3cilitios such ~s g~s
st3tions, sorvico st3tions, ~nd 3uto rep~ir g3r3gos, unloss found to bo necoss~ry to
prevent oxtonding into ~ public right of 'N3Y.
Location of the Amendment in the Ordinance - Section 11, page 5 & 6
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:
7
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 6 & 7 I Section 17, page 10
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 proiect 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.
8
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-10 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.
Location of the Amendment in the Ordinance - Section 14, page 7
9
Attachment I
Amendment Oescri ption
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).
(b) Expansion: BuildinQs may be expanded provided:
t1lA 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.
10
Attachment r
Location of the Amendment in the Ordinance - Section 15, page 7
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.
Proposed Amendment
Add the following language to BMC 20.60.040(i)(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.
(iy-if) Landscaping is provided meeting the minimum requirements for
non-residential uses prescribed in BMC Chapter 20.50. Additional landscaping for
11
AttachmentT
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.
Location of the Amendment in the Ordinance - Section 16, pages 8-9
Amendlment Description
Amend Section 20.60.065 in the Low Density Residential (R-10) 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 removed
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.
12
Attachment I
. 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
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:
M3ximum 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) Hiqh 6,000 sq ft or less
(2)6,200 sq ft to 7,100 cq ft
(3)5,500 cq ft to 6,100 sq ft
(1 )5,000 cq ft to 5,199 sq ft
(5)Losc th3n 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 7,50 1 ~ sq ft or greater
6,000~ sq ft
13
Attachment I
(2) Medium 6,001 to 7,500 sq ft
(3) High 6,000 sq ft or less
(2) 6,200 cq ft to 7,199 sq ft
(3) 5,500 sq ft to 6,199 sq ft
(1'1) 5,000 sq ft to 5,"199 sq ft
(5) Loss th3n 5,000 sq ft
5,000 sq ft
4,300 sq ft
6,200 cq ft
5,500 sq ft
5,000 cq ft
4,300 cq ft
(e) Exception to Minimum Lot Areas and Maximum Tar~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
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)l\lIlotc '.'lith commorciClI, inductriClI, or cpoci:::tl district zoning shClII not bo
includod in tho 3vorClgo lot ClroCl cCllcubtion.
(q) Tarqet 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
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Eagle Ave. R-10 lnfill Density Example
RP AccL ID Area (SF) Rounded Prop. ctass Notes
1131 861 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
Jt:,
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Anderson Cove R-10 lnfill 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
:---------Lf3C10------------------------------13e>ji-us-----------
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t_____________________________________________________-----------
Neighborhood Average
R-10 Class
Allowable Density
Minimum Lot Size
Site Size (Combined)
Allowable Units
5,150
High
10 DU/Acre
4,300 SF
1.18
12
Acres
Units
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Snyder Ave, R-10 Infill Density Example
RP Acct ID 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 1320392 8712 111
1142801 4607.34 4607 111
1143825 749986 7500 111
1142793 4607.43 4607 111
1142777 4814.23 4814 111
1142785 742618 7426 111
1143833 754131 7541 111
1142769 4400.62 4400 111
1142736 1103707 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.
'7~O
AttaCh ment -I.
Location of the Amendment in the Ordinance - Section 18, page 10
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 5T ANDARD5.
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 predominatelv (50% or qreater) occupies the structure.
;.t\
Attachment \I
SUBJECT TO APPROVAL ON 5/16/2006
Minutes for
City of Bremerton Planning Commission
Regular Meeting
March 212006
I. Call to Order
The meeting was called to order by Commissioner Cockburna.t5:3fP~m.
.' ~~;', >: '
II.
Roll Callj]j',(,
.~~]~~~~?i:""'~ ''''',','..: '~( r~~,
Also present: Chris Hugo, Andrea Spencer~ Nicole Ward, Ge'qffWentlandt and Pam Ransier
(DCD staff). ,
III. Approval of Agenda
, '.::'.,\-:_:",:> ':',:::~"'\,-,,,
Commissioner Cockb~Iii~ti~lt9qllced the ageiida. It was' agreed by general consensus to
C,,' "","i;'!!."')
approve the agenda as,,,p[esentedY\j;:\iCt
'l'li~~f~~l'.' ~;~~;:~~~~~",., ;~..?~~
\j:;.k'~j, 1St"":4. Approvaiof Minutes
">:;.li:.'\":_':""'C-:--'-, -, ~':""';--2;:"',~ "t.,,'
"y;-;~T ."""! k~i,,;&~;;:t,t:;~)~ :))!~;~_~~,,~_?r'-t,,'C"{,::;,::~,!r,:'
The minutes6t:;mb'Sp~cial M2~i~Ilg helcl'6hiPebruary 7, 2006 were presented for approval by
Commissioner Cockbhfn~., Amoti9n was made by Commissioner Friedberg-Nerf and
, ,":. :,,' "'_ '.::::"::'<:< _ - ,'. ':,::,.::~::'":I",::,.:-_,, 0 _,,"
second~d,by Commissi6~,e.r Hoelftp,.,approve the Special Meeting Minutes of February 7,
2006, aspr~sented. CalledJor a vot~:'::Commissioner Cockburn: Yes; Commissioner Friedberg-
Nerf: Y es;'G6~'lllissioner Hgell: Yes; Commissioner Kosusko: Yes; Commissioner Mosiman:
Abstain; Comini~~j~mer Streissguth: Yes. The motion carried.
'\"':"~"i' '
'(;:f~::C _:,~
The minutes of theSP9yialMeeting held on February 14, 2006 were presented for approval by
Commissioner CockbUrn. 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 II
SUBJECT TO APPROVAL ON 5/16/2006
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).
B.
Commissioner Cockburn asked if there were any comments from citizens. Seeing
/'1 "?:f~~~tS_~:~'f-_
none, he closed this portion of the meeting.,
-'""---'1'-'
~~'=-,
0'\)
..{~1 ':_--_,~-,:i'
Pu bUc Hearing: .:::\~F';;0~ ,"
1. Minor Changes to the Zoning Code: Nicole Ward, City. ~l~~ner, began the staff
presentation on the changes to the zoning code. She' reviewed't~~/itollowing proposed
changes: . ""\)i\~~I:;}
. Amendment #1: Add a stand alone SEPA review to table 2(Yf'Q.2,Q,~O, Type II
Director Decisions; . '<".' '''';~{':'
. Amendment #2: Change the filing date :iequirement on the application to amend
the Comprehensive Plan to read "between January 1 sl and the first business day of
April"; ';. ,",0
. . Amendment #3: Correction"19f, clerical errors in sections 20.42, 20.44.060,
020.46.080, 20.48.060(a), 2o~21~<r3.Qf\~g.~O.79.
. Amendment #4: Add the defiiiition Qf~1f:ia~t~H;hedstructure;
. Amendment #5: Amend 920.'4:4.07'0: M;ci~~;~th~ the Height of a Structure, so
that maximum 'building height iW'\neasured:tb the average roof height, not the
peak of the structure; Add a new d~'Q.nition for average roof height;
. Amendment #6: Change the ded'tBi;l-h"place at which the City rounds up to a
whole numberwherrthenumber ofjihits ends in a fraction. This will include all
.('icr:~.r9tI9!l?ot tile 'code that rounds units;
}i~:,~::''A~~~~m~1,11#7:1 ~x~mpt single-fam~ly res~dential hOI?es from b~ing required to
shIeld ref4,~~~E?n1mner~bya 6-foot hIgh sohd wall or sIght obscurmg fence;
. Amendmerit{~~:~ IDelete920.48.260, Drive Through Stacking Requirements;
~Amendment#2t I Add language to the clear vision triangle requirements to make
..~~s;xception (gt Istructures that, due to visibility issues, cannot meet the setback
re;(f~iI:~ments~ND the clear view triangle requirements;
-,.:,;.;. "}".,,. I
. ~rrie~~W~1l~#10r Add provi~ions to 920.52, Sign Standards, to allow for wall
sIgns abqye flat roof parapets m the Downtown zones.
...., I
._. u.uu..Amendment .#llr 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
Planning Commission Meeting
March 21, 2005
Page 2 of 12
Attachment II
SUBJECT TO APPROVAL ON 5/16/2006
Use Permit to accommodate structures 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-JO),to allow
slightly denser infill development and to simplify the calculation of neighborhood
compatibility;
. Amendment # 15: Add building height limits for mixed-use structures in the
Employment Center.
In Amendment #1, Commissioner Kosusko asked for clarification as to why staff did
not feel a stand-alone SEP A required notification of Determination of Completeness,
Notice of Application, Notice of Hearing, or Notice of Decision. Andrea Spencer,
Planning Manager, used the sale of publicly ownedproperty,):.>>,hich requires a SEP A
review, as an example. The sale requires a pUbli5,A9.aring and Ilotice, but the SEP A is an
administrative process and is posted on the propefty and in the newspaper.
~-~ ,~-~~,y~~' -,' .;../:" - '.
Commissioner Hoell noted in Amendm~rit~\,%'2; JanuarSh:l 5t is a holiday. . Staff suggested
wording it as "the first business day of J anua;Y~~:'J', AU:i~
r:{j""r,t:,~ T, ," ,._'.r-.',.~.~.:',:)
"':}l:i}i):;~,_": . ~-'
In Amendment #3-(3), Commissioner Friedbe;ij:5L~rf asked if removing the word
"motorized" would imply the inclusion of campers;~';1~,~Uers, and boats in the paved
parking requirements. Staff said it would. .' Several cOfum.i~sfoners expressed concern
over the appearance of encouragingtesidents to pave morej6ftheir property and felt that
non-motorized vehicles would have less impact eIl.v~ronrnerttally than motorized vehicles.
Chris Hugo, PI~~P.~.9~:,pirector, explained there"was the concern of maintenance
performed on~,~91iquiaS.l~~pping from the non-motorized vehicles. The amendment is
also a resul!tl1,Q;f~~l~izen cofilplaints to the City's Code Enforcement Officer as well as
correcting ah eITo~Fg~s o~i~.s,ion which occurred in the transfer of information from the
reviouscode to theiStlrr,~nt~~gsler g..,p,oted that there was no definition for "pervious
surface'.'.;'" ",", ,~.:,f'
"~:,v' '.'.
. " ., :
""- ' ~."',' ',- ,
C'ommissione~"Kosusko f~tt~th<1.t;'a cross-reference should be made to the Low Density
-R~sidential zone codein!Am~i\dfuent #3-(5) referring to 920.52.130. '
The;~'\Nas diSCusSiO~rbgar;;~g if there was truly a need to change the descriptive
heading'in9+?79,~4itiPle Residential (MR) to High Density Residential (HDR).
'.'.'.......'.... ...,.,.' I
Commissionel"~Streissg!uth asked for the source of the six-foot separation requirement
'" Ql1cic:t<lched__str~(;tllre~j1\mendment #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 II
SUBJECT TO APPROVAL ON 5/16/2006
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 BM C 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 S20.46.120(a) through (c), or just (a). Staff said it would affect
only (a).
In Amendment #9, Commissioner Hoell suggested addingthe process by which relief
may be granted. Chris recommended adding "by the:pirector" at the end of
S20.50.060(l)(3),,,,'~i'~!i;t,,,c,. ' ,"""
-~,~~'~ '
Commissioner Streissguth asked for examples of what initiated Amendment #10. The
Windermere building on Park Avenue alfd;'~;~~novated>R~ilding on Pacificj\venue were
given as examples. Commissioner Friedberg.:~gf a,~~ed:!f this would change any sign
dimensions already in effect. Staff said it would ITg.h"ii:i . ..
Regarding Amendment #11, Com~issioner Streissguttt}~?ked if S20.54.060(f)(1) & (2)
had been removed from the updatedzonil1,g code as a reslllti'.8fi,;City Council workshops.
Chris replied that it had not; it was>leftout ill error. A ddHherate omission would have
been contrary to land use rules. '"c, .""
-~,,~}tg;!::,~-.
.' I-',';,:.,ct"
In S20.60.040GJ(iii);':6f;!~fu~ndment #1 Commissioner Cockburn asked if the 45-foot
building hei~l1t:i:~as the t~e height or t4~ average height. Chris explained that this
section dictates"t~~,l1eigh\"pf the public building but not the method of measurement,
which is the subjed'QtAp1ebgU1~p.t#5. s;:'
,.,:: "\;""'. . " '. O("'1:q,',::. ,,'<u;~'\';i~I\
. ~~~:s 7::o~~:%t#i~x~tf8t&(!~;=~~:~;:'~~ :~e~~;"~~ counting of dwelling uuits
2~m<i)liSSiOner co:~~Jn opi~~~ public comment on this item.
<;, ,","""') I
Adam BrQ~kus, 1146:Perry Avenue: "Some of you probably also know I'm a City
Council niernl?er. S6;;'B~ the way, we went through the Critical Areas Ordinance; we
had a few amendments dn it, and what I found kind of valuable from the experience is it's
o.1:J.et!~r t() ~l1(ll1ge~!()}i~Jhings 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 II
SUBJECT TO APPRO V AL 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 1 don't, 1 would have to say 1 kind of disagree with this and maybe whatwe
want to think about is maybe a minimum slope to some houses, especially in an R-1 0
zone, with a maximum height that may be altered or changed or looked at by you guys. 1
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 just a legal non-
conforming sign."] "1 will say that will be looked at. May 1 request the Commission
Board head to give me extra time since I've got flashing yello~ he;e?" [Commissioner
Cockburn: "That's fine."] "Thank you. OK, going pa~t.;th~t~~And I'll say, I'll ask at my
district meeting if anyone has some affectation to that;sIgn. B~t;>~,~ we're going through
the sub-area process for the Neighborhood Center, we'dJike to ke~p;f.ln eye out for that.
OK, going to Amendment 14, in Manette we do have a property thati.9'etpe to mind. It's
kind of a semi-flag lot at 17th and Perry. There's one large house but'lt:Q~~s into a very
large open space that has not been developed. How would this affect thaffspace? Would
it just be ripe for sub-division and going through or would this more or les,?Imsh it more
towards a large multi-family residential spot?" [Commissioner Cockburn: "17th would
be out of the Center, so it'd be R7.10."] "R-I0 - so multi-family would not be permitted
in that part? [Chris Hugo: "No.'a~it~~.c)it would be sub~divided. OK. That was a little
clarification." [Chris Hugo: "Als~/r~"g~;Qir:gthe sign: this provision here doesn't
affect that sign over there, anyway, 1J,~cause;i~i,~':9Dly applies to the Downtown zones.
That sign's covered by the Sign Code:(!nd itliilsli;t!;~~.t~;;Cl,llowed there for ever,
anyway."] "That's been grandfathered';in.:bK, but :atscTanother example came in was
also, you know. You think of Seattle, yd\!, think of prbbably two things: the Space
Needle and the,Pike Place Market sign. If:~pmebody came in with a thing saying, you
know, you got a great sign that'll be on the '~yildings right out front of the ferries that say
"Welcome to Bremerton'\isthere pgssibilitles of that ever happening or this shoots it
rightpf~~~'fi[c:;;rris Hlig<("This is actually a relaxation of the code. Up until now, you
Sgtiidn't'do th~ti.~r)Tway.1 Bllt if somebody comes in with a Bremerton Place Market, then
f'i~t'll probably re':'l~~;~ a~ this."] "OK, let's see. And then the final one, back to
";;"A.rn~rdment 15, YOUj~o:w, I'm going to decide to hold off on comment on that one, but it
wa~r'a.y,~ling with thell)~iimum building height. 1 thank you for all your work and really
thinkin&;Jlbout it. See::~:du at the next public comment."
commis:i';ii~~ii.C~,9iJn asked if there were any other public comments on this item.
Seeing none, h~':c,r8sed t~is portion of the meeting.
.X I
. ..:,...._....J
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 II
SUBJECT TO APPROVAL ON 5/16/2006
renamed High Density Residential (HDR) in #3-(6). Commissioner Streissguth 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; Hoell: Yes; Kosusko: Yes;
Mosiman: Yes; Streissguth: Yes. The motion carried.
A motion was made by Commissioner Friedberg-Nerf and seconded by
Commissioner Kosusko to recommend to Cin: Council Amendment #2 to the
Bremerton Zoning Code with the following~Jl~iig'e: "between the first business day
of January and the first business day of Apiil, inclusive".
"h ::{!~:!~~X'~~~::t,:-- '\~~~~::
Called for a vote: Cockburn: Yes; Fri~dbeig~I~(;:rf:X2s;'J-Ioell: Yes; Kosusko: Yes;
Mosiman: Yes; Streissguth: Yes. The motion t~~i~& " "0.
.",:,,":
'.._"~; ~ i;~?~!i~;':~
A motion was made by Commissioner StreissgutIl~~'QJt seconded by Commissioner
Kosusko to recommend to CityCounc.il AmendmenF~~.,:;;;to.the Bremerton Zoning
-:..!'c......
Code with the following changes: section (1), delete thew'ords "such as 'grass-crete'
or penrious pavement"; section (4), add thelanguage;r "such as campers, trailers,
and boats"; secti()n,.;(;;););tdd a cross-reference to the Low Density Residential zone;
and delete S~j~r;(6):":;;%~~j
Called for a" vote!i'i::<:;ockb4:~: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kosusko: Yes;
Mosiman: Yes; S'tf~i)~,~~t.W{~t~:~~,The m~tion carried.
".... . :.. ' ' ~,r~~I~~~:~;"i:'~__ _ ".. ".~
Amotion\vas made Byl'!'(:ommissio~er Kosusko and seconded by Commissioner
I 1_/"'_;'"
Streissguth to recomm~n'dtp~:~!!y Council Amendment #4 to the Bremerton Zoning
Code with a considera~ion to~:revise the reference to the separation requirements of
the International Building Code to take into account different construction types.
Called foia vote: coJburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kosusko: Yes;
Mosiman: I Yes; Streissghth: Yes. The motion carried
_~_.IllQ~i()~I~wa~_.!l:l:ldeuJy 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 II
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 regarding requirements from
Engineering and alternative methods of providing a clear view at an intersection or
corner.
A motion was made by Commissioner Kosusko and se~onded by Commissioner
Streissguth to recommend to City Council A~~~~ment #9 totheBremerton Zoning
Code with the following change: add the w,oias~;""by the Director" at the end of
',,-',,:,
~20.50.050(l)(3). Alt.
,,,:":.co'}'
o~j";';""K~;, ~"'., '\;Wi~'
Called for a vote: Cockburn: Yes; Friedbefg~~;erf:,~~sh"[Ioell: Yes; Kosusko: Yes;
Mosiman: Yes; Streissguth: Yes. The motion carried~~i:",.
" -_~,'t?
- ~.. :.-, ~~-,
A motion was made by Commissioner Streissguth'3p,dseconded by Commissioner
'r,- '~#~;.
Hoell to recommend to City CounciIAmendmentsO;#10 -.'#15 to the Bremerton
Zoning Code as written.
~.-
Called for a vote: .. Gockburn: Yes; Friedberg-Nerf: Yes; Hoell: Yes; Kosusko: Yes;
,;I.',,~ ;,0'1;..
Mosiman: Y es;:Stteis'sgq.th: Yes. The motion carried
"~~"!;'}~)i' .......,
2. High[anaIPtliis nt A v es Design Guidelines: Chris Hugo gave the staffreport on
this public heari~g" }Fm';';;l~i~Jl~'t;~~~)~~~~l::,the history of the building heights of that
nei~2~t2,~[~~~~~?? t~en;:~g~edoh;t0;tl;1;~,;gesig~ guidelines for that resid~ntial area b~ staff
tl}fough pubhcj;m~~!mgsl3{l,8:'~ftakeholder meetmgs. He gave a PowerPomt presentatIOn to
.', strate the desig~t9;?alf' ' ..<
<':::i?;V~ I '
COIDe,!ssioner Coc~~.1,l!rn aslted if lot coverage was an item in the design guidelines.
Chri~!~~replied that 1 "i'tbverage was a zone code issue and would not be affected by
design glf~~H~es."
>"):f~,::I'!P~>: ,,/;-:.~~'.}
CommissionH~[~ockburn asked about the change from 450 to 600 in the side yard.
~~r!~a~\'-!~~~Afi~t!her~~ision allows better economic building techniques.
Commissioner Friedberg-N erf 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 II
SUBJECT TO APPROVAL ON 5/16/2006
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 coyple concerns, and I think
it was already brought up that this document is set up to ad4n~:ss~~ structure that's sixty
feet high and I think that's good. And I think design stal19~rds ar~' great. But, it's also
been stated that no matter what you do, a sixty-foot struQti.lt~;tis not going to fit the scale
of this particular neighborhood. So I just wanted to.J~ik ab'dUt:Jl couple concerns based
. . "~/V; '-~'~;~f'h;
on the ComprehensIve Plan. Actually, maybe I'll Just:,[efer ngh~;:t(), that. As far as the
sixty feet is concerned, and I know that what I'm going'to say do'es,I).ltnecessarily affect
what you guys have to make a decision on this evening, but I wa~te~~~~,~ publicly state
this: in the Community Character Goals and Policies of the Comp Pl~h;~t(CCl-B), it
states, 'Ensure that new development is of atype, scale, orientation (j,l1cl design that
improves upon the neighborhood's desired and .defined character,~esthetics, and
qualities.' I want to note scale i1Jthere. I'm going to jump to one other one and then get
to my point here. 'Utilize d~'~igl1guidelines and '.criteria that are based on local
community participation and the ',p[f:tiSP:l~rcharacter in'development issues of each
special district or neighborhood (CC1-Cy;.;tX~:g~e~s my concern is that the community did
not get to give any input on this heig4} anQ4rJUst.feyl"Jhat kind of goes against what the
Comp Plan says, andsopublicly that's';'~~dii~ern I ha\f~':< Thanks."
, . . . ,~i~J}\ i th
Adam Brockus, 1146 Perry Avenue: "t,was at the November 30 meeting and I was
also the one who was also at the meeting t~~ytalked about the heights a few weeks ago.
When I did not second afeIlow council-person's motion, what I was intending was I
want.~g~lSi~:;~~i;t.;~ntil thtpesignGuiddines came out and then that was the better time to
r~~iew the'40;,lhe.60, qr whatever else that goes into it. I do have the belief that our
I !~;~' '. ';rH";" 'C --."'.1- I
~gr~mn, our growth::i~~?uIU be c()ncentrated into urban and Neighborhood Centers and try
.", 'rtq!".!zcreate m.ore';i~&pIO~ subur.ban. sprawl that I don't think ~e want in Bre~erton in
202Q;:"!i;t}nd I thmk th~~rsIgn GUIdelmes are a good start. I do lIke a lot of the thmgs that
we.re 's~~.~~:"Y es" rath~f It~an "No", especially the parking ~n C-4. I do have ~ li~tle
qUIbble oqi!h.~ D-l: Jpele's only one Tudor style home on HIghland Avenue; I thmk It'S
more of aCr~~~ll1ap than Victorian area. But the thing is, I look at all of the "Yes"
buildings ont1i{~>&rid I ~ay, 'Yes, it does do the function of what the Design Guidelines
'I"i~"'" I
_~V\l2~!~~~)' Hg~'<:l()V\I~iget 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 thcre. 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 II
SUBJECT TO APPROVAL ON 5/16/2006
together well, and 1 think that is something that should be shown in our architecture, in
our homes, in our residences, and 1 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 1 would, but 1 hope you look to that. Thank you."
Rachel Zeigler, Highland Avenue: "I 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 do you think about it?' until
it was already done. And 1 just wanted to state - 1 don't know if many of you have been
down Highland Avenue, but it's a very narrow road and adding 60-foot buildings is going
to create quite the bit of traffic and 1 don't know about you, but 1 don't really want my
front yard being taken over to widen up the street.,..iand'l am very;'concemed about that. 1
~:,t:':"'
am all for density and 1 think density has its plas::e;l5utl don't think60-foot buildings has
its place on a residential street like ours. 1 ~~jri.k that this can be accommodated with 40-
feet structures; 1 don't think it has to go.....,uP..t....o......"..sixty. ~1.".....,..,.9... on't think it should out-do the
City/Government building here. 1 feel ihatthi'~gs sh(),Ufd,,?e kept in perspective and 1
hope that things will be looked at more closely,'::~n(li;ldO' hope that in the future that more
public input is put out there for everything, even thl~~l:r1eeting. No notice was given out
_ ~,~i-~
for anything, it's just by chance that 1 found out things)if,e this and 1 just hope that you
do consider the public input, you do c~nsider our stre~t;.:,~h4;~I.hope many of you walk
. L"",....
down Highland and think, 'Maybe this isn't a good idea', aJ'l.cFthink about how you would
appreciate it going up in your neighborhood or next "to your home because your
neighborhood maY!?~.i~~xt. Thanks." -
~~~:i;~rJ?*"-
"ff..,
Mike Brow~~t~?:Q,4 Marin;~,Drive: "1 own some property on Pleasant Avenue and 1 was
a member Of the_{~.~,~kehor,~,~rs group. 1 just want to talk about the process because 1
thought the proces~:i\'\..y,Cl~I~~;-901:!~~?r~tiv~..;,one; it well represented, 1 thought, a lot of
varyingopinioIls and-l~~r~sts.' t~th0ug~ti'the staff did a good job of keeping us pointed in
the right direction, whicJj~f?bviously isn't an easy task with people who aren't as
,. sophisticated with the is~u'~J<~~qtwere being dealt with. 1 just thought they did a good
job s~; thought I' djJ~ss Ithat ~1i)"
Wendy Priest, 904 Highland Avenue: "I come to you tonight as a resident of the
neighborhood. 1 didn.'t Blan on addressing you so 1 hope my thoughts aren't too jumbled.
1 just want to speak to two things: 1 know you are looking at specific guidelines and
making your decision o~ those, but as a couple people mentioned, 1 want to go back to
2r()'?~ss._)t_~Ctsp:1y~~1l~yrstanding, 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 if not 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 II
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, 1 guess, a ditto
for what Mike Brown had to say. And in addition to all your efforts, 1 also wanted to
thank the City Council for their efforts. This has really been a difficult road and we
really need to look what is going to be the future of Bremerfon, not only for two or three
years, but for the next ten, fifteen, twenty years down the Toad. So, do we look forward
or do we look back? Thank you very much."
,',-, ,
Commissioner Cockburn asked if there wer~i~~i6ther public comments on this item.
Seeing none, he closed this portion of the meeting.
Chris reminded the Commissioners that no btljlgings096i:,~jO feet in height can be built
in the Highland/Pleasant area until after the buirfl,tpg'lheight moratorium expires, unless
the City Council voted to extend the moratoriu~;J~jfthe moratorium is not extended,
development can continue at the height of 60 feet witH(j~l;_?esign guidelines. He advised
the Commissioners on the need for guidelines to e~s~r~;~,~ome form of control on
development in that area. If the guidelines are adopted, th~>building height moratorium
would end.
. )~;I
, <. --,.,
Commissioner Streissgllth spoke at length on the Planning Commission's original
position of wanting a 40-foot building height in the Highland/Pleasant Avenue area and
the desire to maint,ain the community character while meeting the density requirement
with that height. "She wanted, to know \yhen a neighborhood sub-area plan would be
initiateclftarifl2;if buildin~giheights be adj.u.. sted through that process. Chris reminded the
~,:,';~C' ,::_~;,-<~~-,"~,,-, -I>~':~~"~'i:~;t;f---\::_-_< ,,!;' ': ::
S,9:minissi6nef:~\ilB~t the isub-~rea plan t~at :vould affect Highland .and Pleasant Avenues
(y,?~ers the regIof1~l~~owntown'area whIch mcludes the ferry termmal and goes north to
r:if~;E;~'~Ffreen P~rk; it'0r,~)'p~t justf~ighland and Pleasant Avenues. .He reported that s~aff
wou!B?e takmg theG~!Y CouncIl members on a tour of areas deSIgnated for annexatIOn
and shl:if.Clrea planning:~ld get some guidance from the Council. Chris also said that sub-
""".':~" ,i"'~,,' I
area pla:ll~:;;~~~ be adg131fd out of sequence and elements of the sub-area plan could be
different frori:Fthe curren! zoning.
"<::,!.;J~,'l~~~.' _" :_~,~~~~-_,. I
1___Ih.er~u\Va~_~:~~h;~~e__~i~cussion 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 1 0 of 12
Attachment II
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.
b
Commissioner Streissguth and Commissioner Kosusko spoke at length about the
Planning Commission's role in encouraging redevelopm~111Finc the downtown area
through sub-area planning while adhering to the Compr~llEnsiv~"Plan and remaining
sensitive to the uniqueness of the Highland/Pleasant A v"~~ti~;'fu-ya.
A motion was made by Commissioner Hoellari~ secori<\~fl".by Commissioner
Streissguth to recommend to City Council for approvaliJ'lgl the Highland
Avenue/Pleasant Avenue Design Guidelinesas presented, to ame'jl~,"J\Jgure 20.74(a)
of the Zoning Code to include a reference to the Design Guidelines, iri:9~t9Include in
the accompanying staff report the Planning Commission's supporf;C'of a 40-foot
building height, its belief that a 60-foot building height isnot needed to meet density
requirements, that the Comm,!.!nity Character se,c~~<<;,n of the Comprehensive Plan
directs the Planning Comml~t~!.(m. to considert)rpe, scale, orientation, bulk,
,_,_",>,...<.,;,;~':_' : -~"- -- ' '. " '
character, and history, and to urg~:iC~~,~si~to set a priori!y to do sub-area planning
in the Downtown Regional Center::!;:, "'~\';~;;~b;;~~'~>:~~;: ..
',;-":, .<-_c_ ~:_" , "-, i ';':"';'" ;; '~:" " ~,~ ;~~F~1~~"~~-'
Called for a vote:G()c~bum: Yes; Fr!~dberg-Ner61'iWes; Hoell: Yes; Kosusko: Yes;
Mosiman: Y es;Streis'sglf~h: Yes. The ii1.9.tion carried
- '~'~
",'.,
,,'"t
Commissioner Co. ..c..kburndosed the Publi'9<,~y1eeting.
'_ ", 0..,,.
-<.~;_. .
.1~-;';
. f~i;;:'" ,'i\!0~;,)'~\;vtt. 'B;"siri~ss Meeting
A. ..; (~~;~innan's ReD~~\.;trne!~,:<
B. Di'rector's Report:','Snris introduced the newest Planning Commission member, Bill
MosiIIl:;jl1. Commissi?n~r Mosiman is originally from Milwaukee, Wisconsin, and now
lives o;rJv1~prona Poirlt Drive and is a school administrator for Special Education in the
,-.,c..:.'" j
Central KitS~~i;~~Di()1 Drtrict.
1__ ~~r~~~~()rte'1'l11atth".rritical Areas Ordinance passed and a two-month appeal period
Andrea announced that Kitsap County is beginning their 10-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 II
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 A venue 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
for April 18, 2006.
Respectfully submitted by:
Chris Hugo, Executive Secretary
Approved by:
John Cockburn, Chairman
Planning Commission Meeting
March 21, 2005
Page 12 of 12
DA TE SUBMITTED:
BILL #06 --OJ 3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
1A
SUBJECT: Professional Services
Agreement with Parametrix, Inc. for Port
Washington Narrows Beach Sewer,
Boardwalk, and Evergeen Park Expansion
Proj ect
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 of these 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 ofthis PSA will require budget adjustments to fund the work & authorization to
transfer Eastpark proceeds from the Contingency Reserve.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA 0 .
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
I
RECOMMENDED MOTION: Move to approve PSA with Parametrix, Inc. for the Port
Washington Narrows Sewer and ~blic Access Project & t~ut orize the Mayor to finalize & execute
:01\ ')\.1"0 S \ ,w-\ ~{.. o...vrct.. .
the necessary documents'1or t'6'18 ag e~ment; move "0 amen he 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 ofthese funds.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
PROFESSIONAL SERVICES AGREEMENT WITH P ARAMETRIX
FOR PORT WASHINGTON 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 the City Council is approval of a contract with Parmetrix Inc., for
Professional SeArices, 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 ofthe 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 of the 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 of the 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 PUBLIC 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 described in the
Scope of Work, dated March, 2006, including any attachments thereto, attached hereto as Exhibit
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 such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed 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 conform 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 perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated 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 conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
Bremerton!Parametrix
Port Washington Narrows Beach Sewer and Public Access Proiect
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 EXPRESSLY 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.
BremertonlParametrix
Port Washington Narrows Beach Sewer and Public Access Proiect
Page 2 of6
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-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 Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operationslbroad form property
damage; explosion, collapse 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 Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which 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 and/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 oftheinsurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
BremertonlParametrix
Port Washington Narrows Beach Sewer and Public Access Proiect
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.
All 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.
BremertonJParametrix
Port Washington Narrows Beach Sewer and Public Access Proiect
Page 4 of6
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shaH remain in fuIi 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 1 st 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 0 f this Agreement shall not be
deemed waiver of any other right or power.
1. Non-Waiver of Breach: The failure ofthe 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 of this 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
Page 5 of6
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 of the 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 oftime 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
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Port Washington Narrows Beach Sewer and Public Access Proiect
Page 6 of6
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 following 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
. Task 09 Permitting
. Task 10 Community Outreach and Public mvolvement
. Task 11 Procurement and Bid Assistance
. Task 12 Construction Management
. Task 13 Evergreen Park Expansion
. ,ask 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.
City of Bremerton
Beach Sewer Replacement and Public Access
Scope of Work
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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. Weeldy 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.
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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 1, 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
written accuracy.
Deliver ab les: 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:
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. Review goals, objectives, and expectations with the Project Team, City staff, the
Boardwalk Advisory Committee (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
~ 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.
Cily of Bremel1oJ/
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City
Responsibility: The City wiil be responsibie for the foliowing:
TASK 03
Task 3.1
Task 3.2
Objective:
Approach:
. 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.
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 em (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 multibeam 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.
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Cir)' of Bremer/on
Beach Se\\'f?r Replacement and Fublic Access
Scope of Work
).> It is expected the survey to require one day to complete, plus 1/2 day to mobilize
the vessel from Seattle to Bremerton and l/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 1110-2-1003, Hydrographic Survey Manual (USACE 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 multibeam 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
TerraModel HDMS system and exported to CADD and GIS formats.
City oJBremerlOn
Beach Sewer Replacement and Public Access
Scope oj Work
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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.
. All XYZ data will be provided in an electronically deliverable ASCII file format.
e AutoCAD plotted contours. We can also provide the final 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.
Deliverables: 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.
Cil)' oj Bremerlon
Bench Sewer Replncemenr alld Public Access
Scope of Work
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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.
Cit)' of BremerlOn
Beach Sewer Replacement and Public Access
Scope 01 Work
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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 geotechnical aspects of the beach
area for incorporation in the design of the sewer.
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 SEP AlSMA 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
~ Bluff toe notching and protection
Assumptions: Borings are for joint use with boardwalk design.
De/iverables: Preliminary Geotechnical 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 evaluation of geotechnical aspects of the beach area for
incorporation in the design of the sewer
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Ci/)' of Bremer/on
Beach Sewer Replacement and Public Access
Scope of Work
Approach:
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:
. Drill and sample seven borings over water (assume 70 feet deep, below mudline)
. Write and obtain SEP NSMA 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
confined 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 Preliptinary (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 alternative, 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.
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Scope of Work
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Conduct a formal constructibility review to identify construction impacts and determine
if additional mitigation is required. Results of the constructability review will be included
in a Technical 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.
De/iverables: 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 proj ected
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 feasible overall project.
. Temporary Erosion and Sediment Control (TESC) plans will not be included in the
preliminary drawing step.
. Team staff with no prior involvement m 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.
Cit)' of Bremertol1
Beach Sewer Replacement and Public Access
Scope of Work
/l
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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.
Cil)' oj Bremer/oil
Beoch Sewer Replocemenl ond Public Access
Scope oj Work
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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 following 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 as 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:
. Wle foundation support recommendations
. Seismic analysis update
. Dewatering recommendations
. Upland access recommendations
. Retaining wall recommendations
. Stability review/recommendations of existing seawalls (e.g. Chevron Property).
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Cil)' of Bremerton
Beach Sewer Replacement alld Public Acces.<
Scope of Work
Assumptions: 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
Geo-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
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improve and refine 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
proje~t 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 will 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.
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Deliverables: The following will be delivered:
. Field measurements will be edited and post processed after recovery of instruments.
An final data will be available as electronically delivered ASCII 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 fonnat. 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 win 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 ofthe 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.
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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 lO. 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.
Deliverables: The following will be delivered:
. Letter report for the three (3) boardwalk concepts.
. Ten (10) copies Alternatives Analysis Report.
. Ten (10) copies of the Constructibility Report.
Assumptions: The following assumptions apply to this scope:
. Three (3) boardwalk concepts will be presented at the third BAC meeting.
e 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.
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Scope of Work
City
Responsibility: The City will be responsible 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,
lighting 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 480Y, 3-phase, 4-wire utility electrical power is available at each end of the
boardwalk and will be provided by the City. Therefore, assume 277Y lighting ballast
voltage.
. Up to 2 site visits and meetings with electrical utilities are provided for.
Deliverables: The following will be delivered:
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. Final Lighting Plan
. 30%, 60%, 100% and final design plans
. Specifications package for bid documents
City
Respo1lsibility: 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.
Assumptio1ls: 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
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Deliverables: The following will be delivered: structural section of Constructibility Technical
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 final 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 Technical Memorandum.
. Preparation of the 60% permit structural plan set
. Preparation of the 90% and 100% final structural plan sets
. In conjunction with the Task 4 series, prepare the 90% and lOO% final construction
cost estimate and schedule for all the work.
. Preparation of 90% and 100% final 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 ARd'UTECTURAL 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:
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. 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: TIlustrated 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.
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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 former 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 intermediate 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
consultan t recommenda ti ons.
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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 / 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.
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Cit)' of Bremer/on
Beach Sewer Replacelllem and Public Access
Scope of Work
Approach:
The [oHowing 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 mltlgation 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.
De/iverables: The following ~eliverables 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 (1) 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
Respollsibility: The <!ity will be responsible for the following:
. The City will obtain right-of-entry agreements.
Task 7.2
Mitigation Plan
Objective:
Prepare a Mitigation Plan that describes compensation for project impacts and that meets
the requirements of the Corps of Engineers, WDFW, and City of Bremerton.
Approach:
The following activities will be conducted for this task:
. Prepare a draft Mitigation Plan that includes the following components:
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}> 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:
e 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
~lan. Each mitigation site or action wi!J require a preliminary field assessment.
. No wetland delineation reports will be required.
. 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 (8.5"x 11 ").
. One (1) meeting with regulatory agencies is included in this task.
. One (1) addendum to the Mitigation Plan will be prepared and will consist of up to
ten (l0) pages and two (2) figures.
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. The scope for this task includes two (2) meetings with City 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 Garst 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 30, 60 and 90 percent levels, and at
the final plans level.
. Assumes a bid package concurrent with other construction to be performed.
Deliverables: The following deliverables are included under this task:
. ITepare 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.
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.
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. 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 tbm 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.
Approach:
The team will assist the City of Bremerton in the procurement of funds to assist the Ci ty
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.
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Scope of Work
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Deliver abIes: The following deliverables are included under this task:
. Presentation materials including PowerPoint presentations, white boards, and
briefing documents as needed.
Assumptio/ls: 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
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 (NEP A) (42
U.S.c. 4321 et seq. and 40 CFR part 1500), State Environmental Policy ACt (SEPA)
(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 define EIS and permitting schedule. The permitting strategy technical
memorandum submitted under Phase 1 of this project provides the processes to be
followed.
Task 9.1 EIS and Permitting 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.
Assumptio/ls: 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.
Deliverables: The following will be delivered:
. Schedule and spend plan for grants identified.
. Review comments on grant submittals
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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.
Assumptions: 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.
Deliverables: 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).
It Materials for the public scoping meeting.
City
Respollsibility: 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 Bremer/oil
Beach SeHer Replacement and Public Access
Scope of Work
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Task 9.3
DE IS 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 ofthe environment analyzed in the EIS.
. Produce a comparative assessment of the environmental impacts of the proposal and
each of the alternatives considered.
. Prepare a DEIS for public issuance that meets the requirements ofNEPA and SEPA.
Assumptions: 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 EIS begins there will be no
major changes to the alternatives.
. Two rounds of review and revision for the DEIS, thus a preliminary DEIS will be
prepared for initial review, a draft DEIS will be prepared for a second round of
review, and a final DEIS 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:
e ,wenty copies of the preliminary DEIS will be prepared for review.
. Twenty copies of the draft DEIS will be prepared for review.
Task 9.4
Public Comment PeriodlResponse to Comments
Objective:
To meet the public involvement requirements ofNEPA and SEPA, respond to comments
on the EIS, and determine where revisions to the DEIS are necessary.
Approach:
The following approach applies:
Cil)' of Bremerton
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. 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 wili
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. Parametrix 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 response.)
. 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.
e 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.
Deliverables: The following deliverables apply:
· Ten (10) copies of the draft Notice of EIS 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.
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Beach Sewer Replacemellt alld Public Access
Scope of Work
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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 FEIS for public issuance that meets the requirements of
NEP A and SEP A.
Assumptio1ls: 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 FEIS will be prepared for a second
round of review, and a final FEIS will be prepared for issuance.
. Parametrix will print copies of the review drafts of the FEIS.
. Parametrix will be responsible for printing copies of the FEIS.
. Parametrix will be responsible for mailing copies of the FEIS to the listed agencies
and public on the distribution list.
. This scope of work does not include any effort related to appeals of the EIS. 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.
Deliverables: The following will be delivered:
. 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 copies (200) oftheFEIS.
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
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City of Brelllerlon
Beach Sel<'er Replacement alld PlIblic Access
Scope of 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 on those species 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 Win 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 win be prepared for issuance to the federal agencies.W e 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 ofthe Priority Habitat and Species database.
. The BE will address designated and proposed critical habitat for listed and proposed
l~ted species.
. We assume the BE will need to address two species of wildlife (bald eagles and
marbled murre lets) and three species 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 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).
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. This effort does not include developing mitigation measures to reduce potential
impacts that may be identified in the BE.
e 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 (EIS 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
authorities.
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Cit)' of Bremer/on
Beach Sewer Replacement alld PlIblic Access
Scope of Work
Assumptions: The following assumptions apply:
e The City wi]] 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 wi]]
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 information 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, regulatory 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.
PUB8IC: 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.
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Beach Sewer Replacement alld P"blic Access
Scope of Work
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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 following 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.
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Ci/)' of Bremer/on
Beach Sewer Replncemelll 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 ofipe 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 Bremer/on
Beach Sel>'er Replacement and Public Access
Scope of Work
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City
Responsibility: The City will be responsible for the following:
e 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 wiil
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
CiT)' oj BrelllerTo/J
Beach Sewer ReplacemenI and P"bUc Access
Scope of Work
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March 2006
A ssumptiolls: 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 Brernerton
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 construction 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 construction documents
associated with the Sewer line, the hillside sewer connection laterals, boardwalk,
connections to adjacent uplands, and the Chevron Site.
Deliverables: Final plans, specifications and bid documents for the City to use during the RFP process.
Assumptions: The following assumptions apply:
. Documents will be provided at the 60% (NEPA, JARPA 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 during 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:
Cio' of Bremerlon
Bench Sewer Replnce/llenllllld Public Access
Scope of Work
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. 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 inviting bids.
. The team will make up to three presentations to the City CounciL
. There will be a maximum of 2 bid options
TASK 12
T AS K 13
Task 13.1
Objective:
Approach:
CONSTRUCTION MANAGEMENT
Construction management effort is currently 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 stonnwater 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. ,
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Cil)' of BremerlOn
Beach Sewer Replacement ann PlIblic Access
Scope of Work
Assumptiolls: 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 ofthis 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.
It 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
)> Erosion control plan
City of Bremerron
Beach Sewer Replacement and Public Access
Scope of Work
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March 2006
~ Grading plan (2 sheets)
~ Stormwater plan and detail (2 sheets)
~ Cap and cover system plan and detail (3 sheets)
Deliverables: Parametrix an;icipates the following work products for this task:
. Draft and Final Cleanup Action Plan
. Work Plan for Groundwater Sampling
. Letter Report Summarizing Groundwater Sampling Results
. Erosion Control Plan
. Ten (10) hard copies of the 90% plans and specifications for City review.
. Ten (10) electronic and hard copies of the final plans and specifications.
. Storm water management report.
. Technical memorandum on the engineer's estimate of probable cost for construction.
. Bid Package.
Task 13.2
Agency Negotiations and Permitting
Objective:
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 permit documents, and negotiations with
permitting agencies to resolve issues associated with permit applications. This scope of
work is iimited 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.
Approach:
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,
r~mediation 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 the 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.
Cil)' of Bremerton
Beach Sewer Replacement and Public Access
Scope afWork
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.
Assumptiolls: 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.
Deliverables: 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) final 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.
Ciry of Bremerion
Beach Sewer Replacelllenl and Public Access
Scope of Work
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 final 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.
. 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.
Or)' of Bremer/on
Beach Sewer Replaceme/ll and Public Access
Scope of Work
44
255-1896-808
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 Brelllerton
Beach Sewer Replacement and Public Access
Scope of Work
45
255-1896-808
March 2006
EXHIBIT 8
Schedule
EXHIBIT C
Budget
Parametrix ................ ...... ................ .... ..... ........ ..... ...... ......... .......... .... ............ ..................... ..... ......$1 ,269,691
Subconsultants
KPFF ..... ................ ........ .... ................... ...;...... ............ ............ .......... ..... ... ............. .$638,490
Shannon & Wilson ........ ............ .... .., ......... ..... ... ... .... ........... ...... ... .... ........ .............. $328,286
Pacific International Engineering ........ ... ........ ... ......... ............ ....... ........ ............... ..$11 0,000
Hewitt Architects ...................................................................................................... $ 80,899
GRS Bathymetry. . .. . .. .... .. . .. ... . .., .. . . .. .. . .. . . . .... .. . .. .. . ., ... .. .. . .. .. . . ... . . . . . . . ...$29,771
S ubconsultant Total.............. ............................................. ........ ........... $1,208,355
TOTAL .............................. .............. ..... .... ............... ...... ...... ..... $2,500,096
EXHIBIT D
List of Deliverables
Task I
. 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
Task 2
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
. 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.
Task 3.3
. Letter report describing the legal description of each property within the project area.
This report will include stamped survey documents.
Task 4.1
. Ten (10) coples of the Preliminary and final Geologic/Geotechnical Feasibility
l\eport.
Task 4.2
. Ten (10) copies of the Preliminary Geotechnical Report
Task 4.3
· Ten (10) copies ofthe Final Geotechnical Report
Task 4.4
. Ten (10) 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 lOO% plans, final specifications and updated project cost
estimate.
Task5.l
. 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 (l0) copies of the Draft and final geocoastal analysis report of the existing and
alternatives.
Task 5.4
Cl 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
. ten (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
. 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 Illustrated memorandum (fonnatted 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
. 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.
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
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.
. Twenty (20) copies of the preliminary DEIS will be prepared forreview.
. Twenty (20) copies of the draft DEIS will be prepared for review.
. l\en (10) copies of the draft Notice ofEIS Availability.
. One (1) camera-ready copy of the final Notice ofEIS Availability.
. Ten (10) copies ofthe 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 ofthe 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
Task 11.1
. Final plans, specifications and bid documents for the City to use during the RFP
process.
Task 11.2
. RFP Outline hased on information obtained during design and permitting.
. Permit compliance Plan
. Engineers cost estimate for probable construction cost ofthe preferred alternative
. Up to 10 RFls as needed to facilitate the bid process.
. A memorandum making a recommendation for selection of a contractor.
Task 12
. Trip reports will be provided each day that (construction) support is requested
Task 13.1
. 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 ofthe 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 of probable cost for construction.
. Bid Package.
Task 13.2
. Draft and Final SEP A and JARP A permits.
. Cost Allocation Summary
. Meeting minutes from meetings with agencies.
Task 13.3
. 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.
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From: Phil Williams
Sent: Wednesday, April 05, 2006 8:46 AM
To: 'mike shepherd'; Lori Smith
Cc: Lynn Horish; Thomas Knuckey; Mike Mecham
Subject: RE: Observations on the Professional Sevices Agreement with Parametrix for design and
construction oversight of the Port Washington Narrows Beach Sewer project
Mike -
Thanks again for your comments.
A few responses to your thoughts on scope in the order presented:
Task 1.2
The legal "standard of care" for the engineering consulting industry would be the point at which Parametrix
takes on liability under this contract, at least in this non-lawyer's view of the world. Obviously if we felt at some
point they had not met this changing standard we could either negotiate a resolution, cancel the contract, or
pursue a legal remedy (or all three). Articulating clear expectations and maintaining great communication
between PMX and the City is, as always, our primary defense in preventing such an outcome.
Yes, we have a significant sum of money currently built into the budget (and scope to match that budget) for
quality control purposes. The amounts are, at this point, conservatively high and if things go well for us some of
that will be available for reprogramming later in the project. There are, however, a number of features in this
effort that are not going to be easy. These include, but are not limited to, the complex legal and design issues
associated with replacement (or not?) of sewer laterals, the geotechnical issues regarding slope stability
expected future conditions, a complex permitting environment, and placement and design of the upland
connections to the boardwalk. We think it is wise to conservatively budget for these items at this point.
Task 2 - Survey Work
We agree with the suggestion to use existing data as much as possible. We will review what is available for
its suitability to our needs. Again, if savings can be realized the project is benefitted. Since we don't have the
entire project funded at this time any opportunity to stretch dollars is welcome. It will depend on what is actually
available to us and its precision for design purposes.
Task 4 - Design Review
You are correct that the 100% review will deliver the bid documents. The 30% submittal is typically called the
predesign document where all significant issues associated with type, size, location, materials, and functionality
are resolved. It is this phase of work where public input is most useful and where we will concentrate our
outreach efforts and create clear expectations. I believe the 60% phase would be a good place to take the
project through a value engineering exercise. The 90% review is really focused on small details and issues of
constructability. the 100% review is just cleaning up the package prior to bid.
Task 7 - Mitigation
I really like the idea of establishing a Marine Protected Area. I personally don't know much about this program
or the implications of such a designation but it sounds like a great idea and would add motivation for the
resource agencies we will work with during permitting. It would be great if you could help us follow up on that
issue.
Task 10 - Public Comment
I understand your concerns here. As mentioned above public comment will be heavily focused during the
predesign phase. Their input after that will be useful primarily in developing architectural details, artwork, kiosks,
etc. Other than that the public involvement will take on more of a one-way approach where we distribute
information more than ask for input. I do believe having a very robust public outreach effort will pay huge
dividends on this project. People are very interested in the project now, currently feel very positively about it,
and want to see it happen as quickly as possible. Keeping them that way is our goal so when we go for
construction funding we will have many friends to help us.
4/1512006
..I. ~61w1 ~ V...l ~
rhanks again for your thoughts
From: mike shepherd (mailto:marathonermike@comcast.net]
Sent: Tuesday, April 04, 2006 3:14 PM
To: Phil Williams; Lori Smith
Cc: Lynn Horish
Subject: Observations on the Professional Sevices Agreement with Parametrix for design and construction
oversight of the Port Washington Narrows Beach Sewer project
Task 1.2 deliverable for mistakes and quality control failures should establish a minimum expectation with a
penalty for failure
Also the cost of quality control work is set at 10% of the project. This needs better definition and also seems
high. Is this in addition to project management costs? I usually see quality control imbedded in the project
management rather than a separate item. Want to make sure this isn't being double charged.
Task 2 Survey work
Much of work water quality, geography and mapping mentioned in this task has already been done by
Concurrent Technologies under contract with Navy and publicly available information which could have
considerably in time and money.
Task 4. The SOW calls for 30, 60, 90 and 100 % submittals and no mention of bid submittal. Maybe the 100%
is also the bid submittal? This is typical for federal work but for private work it is common to have 30%, and then
70% because much of the electrical and mechanical detail starts a little later. By using 70 % you could use the
90 % for bid submittal and 3rd party engineering ("value") review thus minimizing the 100% review. In other
words you could eliminate a set of submittals by phasing them differently.
Task7 Mitigation. Establishing a Marine Protected Area in the Narrows has been considered and encouraged
by the state but the City hasn't acted on the idea. This might be an opportunity to address in the mitigation
strategy.
Task 10. Public comment. It seems like too many meetings. Public comment should address the 30 %
submittal and any conceptual changes resulting from the first public meeting. Also should have a public
meeting to address the mitigation issues. I don't encourage public comment after 50 % because by then most
conceptual design is done and more changes at that point result in huge cost overrums. For example right now
the Lohman Park project in King County is 300 thousand into a redesign of a 250 thousand project because
they asked for comment after the initial conceptual design, thus causing a entire redesign.
Thanks for your time,
Mike
4/15/2006