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HomeMy WebLinkAbout07/02/2007 AGENDA L..n.--.. ,.Ip'1 ~..LU':i l:~---~' -- ~~~-!:; ~- -:;\ . ';';';'M "'''''''\: ~i ,: '~~"_:___. ' ,j, ~"'-f/"_ ~1 -----+~-- FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 D (360) 473-5280 MONDAY, JULY 2, 2007 CITY COUNCIL SPECIAL MEETING AGENDA 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 PM in COUNCil CONFERENCE ROOM 603 A. General Council Business B. 10-Minute Executive Session to "Review Labor Negotiations" per RCW 42.30.140 (4)(b) 2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION & ANNOUNCEMENTS 5. CONSENT AGENDA A. CI3ims & Check Register (111\807 156) Item pulled... B. Minutes of Meeting - June 20,2007 (#AB07-157) C. Minutes of Meeting - June 27,2007 (#AB07-158) 0_ Grant of Easement to PUGET SOUND ENERGY (PSE) on City Property at Northeast Corner of Park Avenue & Burwell Street (#AB07-159) E. Release of Sewer Easement for BREMERTON PARTNERS LLC 400 Condominium Property on Washington Avenue (#AB07-160) F. Interlocal Agreement with Kitsap County for Use & Improvement of Facilities on Tibardis Road for BKAT Studio (#AB07-161) G. Budget Adjustment for City Attorney's Office to fund remaining anticipated attorney's fees for 2007 (#AB07 -162) H. Award of Sodium Hypochlorite Proposals for the Westside Waste Water Treatment Plant (WWTP) (#AB07-163) I. Interlocal Agreement Amendments G and H between the City of Bremerton and Kitsap County for improvements of SR304 Navy Yard Highway (#AB07-164) 6. GENERAL BUSINESS - There are no GENERAL BUSINESS items scheduled this week... 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING fI 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. CITY COUNCIL MEETING SPEAKERS LIST PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF BREMERTON MUST BE SUBMITTED IN WRITING. THANK YOU. PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT \\J\~~ (A) c ch ~ MeA- T Kitsap Family · YMCA "The family everyone can be a part of" City Council Update - July 2nd, 2007 1) Several different programs and activities have occurred or are planned for July- a. Your YMCA is an Armed Services YMCA and has started up a new "Drop-in Military Preschool" from 12 - 4 pm on Mondays only, so active military spouses can drop-off their children (2 and one-half to 5 years of age) and leave the premises. About 40+ military mothers have taken advantage of this new program. b. We participated in the "Summer Meltdown" with the Parks Department and the Ice Skating Rink last Friday, by holding a Fitness Challenge in the Soccer Field across from the Y. c. The Manette Business Association and Manette Neighborhood Coalition held a "Spaghetti Feed" fundraiser on June 28th for the Manette Enhancement Project, to buy benches and trash receptacles for a cleaned up Manette Downtown business and Shopping District. It was a great success, raising over $3000 for the effort, to match a lot of pledged volunteer hours for the cleanup and installation. 2) Our most popular military family program is "Military Date Night" - the first Saturday of each month from 5:30 to 9:30 pm. The next Military Date Night will be this following Saturday night the ih of July. Active Military couples can drop-off their children as young as four weeks, up to 12 years old, for a much needed night out for only $3 per child per hour, or even less with a pre-purchased punch card. 3) Our award winning "Teen Late Night" is EVERY Friday night from 8:30 to 11 pm. Many activities are available - swimming, hot tub, basketball, dodge ball, to name a few - and it includes pizza and pop in the cost, which is just $5 for non-member teens. 4) I always mention "Splash & Jam," our great program for families with children of all ages on the third Saturday of the month - which is the 21 st of this month. The last five months we have had great attendance - over 300 children and adults! 5) On the horizon for August is the Tri- Y event - a Golf tournament on August 3rd, a Fun Run and Swim on August 4th. We will also hold our annual Community Day - an open house for the community at large - to come and tour, visit and enjoy the many activities from 9 am to 4 pm on the 4th. We invite all of you to participate in the golf, running or swimming event or at least to come and visit during the day. For anyone interested, I have forms available with me and they will be available to be downloaded from the website by the end of this week. Provided by Mike Walton, Marketing Director DATE SUBMITTED: 0(;)...\/01 AGENDA BILL CITY OF BREMER TON CITY COUNCIL BILL # 0 1 - IS 7 58 ........................................................................................ SUBJECT: City Council Meeting Minutes for meeting of June 'l.Of 2.007 Committee Meeting Date: NI A COUNCIL MEETING Date: ~~ d-" "" Department: City ouncil ' Presenter: Will Maupin, Council President Phone: (360) 473-5280 d-oo 7 SUMMARY: Attached is a summary of the City Council Meeting held :ruY\~ :2-0. ?-oo 7. I A TT ACHMENTS: Meeting Minutes for T u \1\ -e..- ~o { d.-OO 7 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: Council President N/A N/A N/A COMMITTEE CHAIR" COUNCIL PRESIDENT: NI,\ .~' A1/~~'0~ CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 20, 2007 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, June 20, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were Assistant City Attorney Ken Bagwell; City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Adam Brockus followed by the invocation provided by Council Member Mike Shepherd. President Maupin announced that a Pre-Council Session to discuss General Council Business and a 15-Minute Executive Session to "Review Labor Negotiations" per RCW 42.30.110 (4) (b) were held prior to the meeting. MAYOR'S REPORT .. Ian Coen, Probation Officer for the Municipal Court, was recognized by Mayor Bozeman as the "Employee of the Month" for the Month of June; 9 Was pleased to report that The Olvmpian Newspaper was in town to do a story on "Downtown Revitalization" featuring three cities: Bellingham, Vancouver, and the City of Bremerton; . The new City of Bremerton "City E-News" newsletter will be ready to launch on Friday, June 29 and will be a great way to get news to citizens; and . The first resident of the 400 Condominiums paid a visit to the Mayor's Office and it was exciting to see the start of residents living in downtown; and he also enjoyed seeing a lot of people outside enjoying the new features of downtown Bremerton. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus reiterated information about a fund raiser that would be held by the Manette Business and Manette Neighborhood Associations on Thursday, June 28 between 5:00 and 8:00 PM at the Manette Saloon to raise funds for the Neighborhood Enhancement Grant Program. Nick Wofford encouraged citizens to attend the Public Open House in the Chambers on July 12 from 5:30 to 7:30 to provide their input on the draft for the Downtown Sub Area Plan, the Transportation Non-motorized Plan, and the Park's 6-Year Plan. CONSENT AGENDA A. Check Numbers 3173266 through 317628; and EFT-7180 through EFT-7206 in the amount of $4,466,070.59 for the period ending May 31,2007; Regular Payroll in the amount of $758,763.19 for the pay period ending June 15,2007 (#AB07-143) B. Minutes of Meeting - June 6,2007 (#AB07-144) C. Rental of 5 Kyocera Copiers from UNITED BUSINESS MACHINES (#AB07-145) D. Intergovernmental Cooperative Purchasing Agreement with the City of Ruston (#AB07-146) E. Contract Award to NORTHERN CON AGG, INC. for "Warren Avenue Off-ramp to Callahan Drive" Project (#AB07-147) It was noted that construction will begin in approximately 6-weeks... F. Westpark Historic Preservation Memorandum of Agreement (#AB07-148) There were no comments from the public. 05:43:50 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, June 20, 2007 Page 2 of 4 GENERAL BUSINESS 6A - MEMORANDUM OF UNDERSTANDING WITH THE SUQUAMISH TRIBE TO STRENGTHEN THE GOVERNMENT-TO-GOVERNMENT RELATIONSHIP (#AB07-149): Phil Williams, Director of Public Works & Utilities, explained that the goal of this Memorandum of Understanding (MOU) is to strengthen the government-to-government relationship with the Suquamish Tribe. This will be accomplished by forming an intergovernmental committee that will meet regularly to discuss and resolve issues of mutual interest. The initial meeting frequency will be quarterly, and the first meeting will be held within 60-days from approval. There were no comments from the public. 05:47:20 M/S/C/U (Brockus/Wofford) Move to approve the Memorandum of Understanding with the Suquamish Indian Tribe and authorize the Mayor to finalize and execute the necessary documents for the memorandum in substantially the same terms and conditions as presented. 6B - SALE OF CITY PROPERTIES TO BUZZ HOLMES ADJACENT TO AND ABUTTING HIS PROPERTY ALONG CHARLESTON BEACH ROAD (#AB07-150): Phil Williams, Director of Public Works & Utilities, stated that the City received an offer of $365,520 for the purchase of eleven (11) properties which are adjacent to property currently owned by Buzz Holmes. The properties were purchased as part of the "SR304 TIP - Navy Yard Highway Phase" Project, and will be surplused once the project is completed. Physical occupation of the parcels will be delayed until substantial completion of the project. Buzz Holmes thanked the Council for providing this opportunity for him to share his vision of this redevelopment project. 06:05:30 M/S/CU (Arends/Robinson) Move to approve the sale of the properties as presented, to Benjamin P. Holmes for $365,520 with an option for an additional parcel for $9,480; and authorize the Mayor to finalize and execute any and all documents necessary to close the transaction. 6C - CONTRACT AWARD TO CECANNTI.INC. FOR "SR304 TIP - NAVY YARD HIGHWAY PHASE" PROJECT (#AB07-151): Phil Williams, Director of Public Works & Utilities, explained that sealed bids for construction of the project titled "SR304 TIP - Navy Yard Highway Phase" were opened on May 22,2007. The engineer's estimate for construction of the project is $5,118,237.77. Two bids were received for this project. CECANNTI, INC. was the lowest responsive, responsible bidder with a bid of $6,679,111.18 (including sales tax) for the base bid and alternate bid items 1 and 2. He further stated that the City would work with the contractor to ease the congestion during the construction. There were no comments from the public. 06:13:12 M/S/CU (Brockus/Arends) Move to award a contract for the base bid and alternates 1 and 2 in the amount of $6,679,111.18 (including sales tax) with CECANNTI, INC. for construction of the project titled SR304 TIP - Navy Yard Highway Phase" and authorize the Mayor to finalize and execute the necessary contract documents for construction. PUBLIC HEARINGS 7 A - ORDINANCE NO. 5015 AND PUBLIC HEARING FOR ADOPTION OF INTERNATIONAL BUILDING CODE (#AB07-152): JoAnn Vidinhar, Department of Community Development, stated that the action before the Council is to conduct a public hearing and adopt Ordinance No. 5015 amending Bremerton Municipal Code (BMC) Chapter 17.04 to repeal the adoption of the 1997 Uniform Housing Code and Uniform Code for the Amendment of Dangerous Buildings; and adopt the 2006 editions of the International Building Code, International Residential Code, International City Council Reg. Mtg. Minutes Wednesday, June 20, 2007 Page 3 of 4 Mechanical Code, International Property Maintenance Code, International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Councilor published by the International Code Council; and in addition, make several housekeeping amendments to Title 17 and Title 3 Revenue and Finance - Rate Table C relative to the code adoption. President Maupin opened the Public Hearing. With no comments from the public, the Public Hearing was closed and opened to the Council... Mr. Shepherd briefly discussed the options available for the appeal process; and Ms. Vidinhar explained that the City has a process for appeals to be heard by a Hearing Examiner. Mr. Gehrin~ expressed his concerns about the inflexibility of the code which does not allow for regional differences. Mr. Maupin added that this does not affect current structures. Ms. Vidinhar responded that there are resource materials are available at the library and at the Department of Community Development; and these amendments would apply to new construction or remodels. Mr. Wofford asked if there is there a provision for temporary or storage structures. Ms. Vidinhar answered that smaller storage sheds would not require a permit and that buildings over 120 square feet would require a permit. Mr. Shepherd asked if there will be significant changes in property maintenance requirements as it would apply to the homeowner. Ms. Vidinhar explained that there is little difference between the building code being proposed and the current abatement code. Mr. Gehrinq asked if there is a provision for carport structures. Ms. Vidinhar stated that permits would be allowed for larger carports assuming proper anchors are being used and smaller carports that may not go through the permit process would still need to meet the code requirements. 06:28:20 M/S/C (Shepherd/Brockus) Move to pass Ordinance No. 5015 to amend BMC Chapter 17.04 Buildings and Construction, Chapter 17.56 Certificate of Occupancy, and Chapter 3.01 Community Development - Rate Table C. Voted in favor of Motion: Shepherd, Robinson, Arends, Wofford, McConnell, Brockus, Priest, and Maupin Voted opposed to Motion: Gehring Motion carried: 8-Yes; 1-No 7B - ORDINANCE NO. 5016 AND PUBLIC HEARING FOR ADOPTION OF INTERNATIONAL FIRE CODE. WITH LOCAL AMENDMENTS (#AB07-153): Fire Chief AI Duke pointed out that pursuant to Chapter 19.27 Revised Code of Washington (RCW), the 2006 edition of the International Fire Code, as adopted by the State of Washington, applies to all cities, including the City of Bremerton, effective July 1,2007. The proposed ordinance amends the Bremerton Municipal Code to adopt the 2006 International Fire Code with local amendments. President Maupin opened the Public Hearing. With no comments from the public, the Public Hearing was closed and opened to the Council... Mr. Gehrin~ provided his support for the amendments and believed that safety issues were addressed. Mr. Brockus indicated that new projects like the townhomes proposed for the Charleston Beach area will now need to meet sprinkler requirements. City Council Reg. Mtg. Minutes Wednesday, June 20,2007 Page 4 of 4 06:32:25 M/S/C/U (Brockus/McConnell) Move to pass Ordinance No. 5016 adopting the 2006 edition of the International Fire Code including local amendments. COUNCIL MEMBER REPORTS Cecil McConnell played in the golf tournament prior to the Association of Washington Cities (AWC) Annual Conference and reported on sessions he attended, including a workshop on ethics. Adam Brockus mentioned that he went on a tour of neighborhood centers in Tacoma as part of the Annual Association of Washington Cities (AWC) Conference he attended last week. Mike Shepherd mentioned that he met with a group from the South Puget Sound Area to discuss progress in economic development; and thanked volunteers from the Church of Latter Day Saints for coming to Bremerton and helping to clean up parks. Dianne Robinson stated that the youth workshop was the most interesting part of the Conference; and that she helped paint blue benches in Anderson Cove as part of a beautification project. Carol Arends enjoyed the tour of the waterfront in the Port of Tacoma during the Conference; and mentioned the continued clean-up projects still going on at Forest Ridge Park, and appreciates the efforts of all volunteers. Nick Wofford also discussed the waterfront tour he participated on as part of the Conference and a workshop on citizen volunteering, and thanked all of the citizens who are currently volunteering on City boards and commissions. Will Maupin was pleased to see that all of the Council Members were ?ble to see a different part of Tacoma as part of the organized tours taking place at the Conference; reported on a tour of condominium and rental housing which were built under the tax abatement program; attended the Chamber Luncheon with Lori Smith and Christine Grenier and was pleased with the presentation on the Boardwalk and Ron Sher's plans for the JC Penney building. With no further business, President Maupin adjourned the Council Meeting at 6:45 PM. L RI SMITH Legislative Assistant Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg DATE SUBMITTED: BILL # 01- I 5'3 AGENDA BILL CITY OF BREMER TON CITY COUNCIL 5(, ........................................................................................ SUBJECT: City Council Meeting Minutes for meeting of -:fU VI e ,). 7 :)00 '7 I Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: N/A :rIA ~ ,:j-". ,;lDv 7 City - ouncd Will Maupin, Council President (360) 473-5280 Phone: SUMMARY: Attached is a summary of the City Council Meeting held .:1Zt VI e..- ,.) ~ .)OD 7 - A TT ACHMENTS: Meeting Minutes for .J fA VI e- d J, J Df) 7 FISCAL IMP ACTS (Include Budgeted Amount): N/ A APPROVALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: Council President N/A N/A N/A COMMITTEE CHAIR COUNCIL PRESIDENT: N/"\ . " -1(~ee~~~~ CONSENT AGENDA 0"' GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 27,2007 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, June 27,2007, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy Priest, Adam Brockus, Cecil McConnell, 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 Adam Brockus followed by the invocation provided by Council Member Carol Arends. President Maupin announced that consultants presented the "Fire Study" to the Council during a Study Session from 5:00 to 5:30 PM in the Meeting Chambers; and that City Council would not be meeting on Wednesday, July 4 due to observance of Independence Day, but would be holding a Special Meeting on Monday, July 2 at 5:30 PM. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus announced that there would be a Spaghetti Dinner and Auction held at the Manette Saloon tomorrow from 5:00 to 8:00 PM to benefit the "Manette Beautification Project". For more information, please contact (360) 377-3747. Nick Wofford invited the public to participate in the Puget Sound Blood Center's Blood Drive on Monday, July 2 from 10:00 AM to 1 :00 PM and 1 :45 to 4:00 PM in the Meeting Chambers. Fire Chief AI Duke reminded citizens that the only legal day to discharge fireworks is on Wednesday, July 4th. CONSENT AGENDA A. Check Numbers 317629 through 317832; and EFT-7207 through EFT-7224 in the amount of $1,070,187.00 for the period ending June 27,2007; Regular Payroll in the amount of $723,035.63 for the pay period ending June 15, 2007; Retiree Payroll in the amount of $75,349.24 for the pay period ending June 30, 2007 (#AB07 -154) B. Memorandum of Understanding (MOU) between the City of Bremerton and the International Association of Firefighters Local #437 (#AB07 -155) There were no comments from the public. 05:36:02 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS- There were no GENERAL BUSINESS items this week... With no further business, President Maupin adjourned the Council Meeting at 5:37 PM. Prepared and Submitted by: CHRISTINE GRENIER Council Assistant City Council Reg. Mtg. Minutes Wednesday, June 27, 2007 Page 2 of 2 Attest: PAULA JOHNSTON, City Clerk WILL MAUPIN, City Council President WM:PJ:ls:cg AGENDA BILL ClTY OF BREMERTON ClTY COUNClL BILL# D7~/5q DATE SUBMITTED: June 20, 2007 SP ........................................................................................ SUBJECT: Grant of Easement to Puget Sound Energy (PSE) on City Property at Northeast Corner of Park Avenue and Burwell Street. Committee Meeting Date: June 27, 2007 COUNCIL MEETING Date: July 2, 2007 Department: Econ. Development Presenter: Gary Sexton Phone: 473-5282 SUMMARY: Puget Sound Energy has approached the City of Bremerton to purchase an easement for their electrical equipment to be located on the City property at the northeast corner of Park Avenue and Burwell Street. The properties have been previously burdened by a PSE easement granted by the City in 1990. As part of the negotiations for the new easement, PSE will be relinquishing these easements and compensating the City for use of the property. A TT ACHMENTS: 1. Council Summary; 2. Exhibit Map of Easement Area FISCAL IMPACTS (Include Budgeted Amount): PSE will compensate the City 50% of the land value for the easement, using the property valuation from the recent property purchase by WSDOT for the Downtown Tunnel Project. Total compensation will be $15,060.00 for a total of 1,004 square feet. Funds will be deposited in the Parking System Fund - as the property impacted by this easement agreement is a City Parking System asset. APPROVALS: ECON. DEVELOPMENT: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ." COMMITTEE CHAIR COUNCIL PRESIDENT: ~_e~ .pJiP~-;::r-' CONSENT AGENDA ,t8l GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the sale of the easement and authorize the Mayor to tinalize and execute any and all documents necessary to close the transaction. COUNCIL ACTION: D Approve D Deny D Table aw, Agenda Bills, ILA Amendments G and H D Continue D No Action COUNCIL SUMMARY Easement Sale to Puget Sound Energy (PSE) Summary Puget Sound Energy (PSE) initially approached the City of Bremerton requesting an easement on City property located at the northeast corner of Park A venue and BurweII Street at no cost. The easement is for placement of transformers, vaults, switches and other infrastructure which wiII be ground mounted. The reason for the easement is two- fold: . To support electrical demand for the Downtown Tunnel Project. . To allow future expansion of the PSE system as the City continues growing and support the downtown undergrounding effort. In discussing the easement with PSE, it was noted that the property was burdened with two previously recorded easements from 1990. The easements were poorly written and did not define a specific area, such that PSE was uncomfortable relying on them for placement of their facilities. As part of the negotiations with the City, PSE will rescind the two easements along with purchasing the new easement. Fiscal As the property owner retains the property with an easement, valuation for easements will be a percentage of the property valuation based on the impact to the property. In negotiating with PSE, the decision was made to use 50% of the land value. Valuation of the square foot cost of the property used the recent (November 2006) purchase of a portion of the easterly part of this same property by WSDOT for the tunnel project. As such, the value of the property was $30.00 per square foot or $15.00 per square foot for the easement. As the easement was to be 1,004 square feet, this gave a value of $15,060.00. COllncil SIIIII/lIon' Silll' o(Ic'O,\'1'1II1'11I/0 !'SE .111111' 10m 1 "=20' EXHIBIT FOR PSE EASEMENT PORTION OF BLOCK 14 PLAT OF THE TOWN OF BREMERTON SEC.13, T.24.N., R.1 E., G.F.jS.J. W.M. KITSAP CO. WA 6/5/07 RETURN ADDRESS: Pugel Sound Energy, Inc. Attn: ROW Department 6522 Kitsap Way Bremerton, WA 98312 EASEMENT REFERENCE #: GRANTOR: CITY OF BREMERTON GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL: PTN. SW-SW-13-24N-1E ASSESSOR'S PROPERTY TAX PARCEL: 3718-014-001-0007 For and in consideration of Fifteen Thousand Sixty doliars ($15,060) and other valuable consideration in hand paid, CITY OF BREMERTON, a Washington Municipal Corporation ("Grantor" herein), hereby conveys and warrants to PUGET SOUND ENERGY, INC., a Washington Corporation ("Grantee" herein), for the purposes hereinafter set forth, a nonexclusive perpetual easement over, under, along across and through the following described real property ("Property" herein) in KITSAP County, Washington: LOT 1, BLOCK 14, PLAT OF THE TOWN OF BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON. Except as may be otherwise set forth herein Grantee's rights shali be exercised upon that portion of the Property ("Easement Area" herein) described as foliows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. BY ACCEPTING AND RECORDING THIS EASEMENT DOCUMENT, PUGET SOUND ENERGY, INC. DOES HEREBY ABANDON AND RELEASE ALL THOSE RIGHTS ACQUIRED UNDER THOSE CERTAIN EASEMENT DOCUMENTS DATED JANUARY 22,1990, RECORDED UNDER AUDITOR'S FILE NO. 9002020055 AND NOVEMBER 13, 1991, RECORDED UNDER AUDITOR'S FILE NO. 9112030106, RECORDS OF KITSAP COUNTY, WASHINGTON. PUGET SOUND ENERGY, INC BY: STEVEN R. BOTTS, SUPERVISOR REAL ESTATE DATED: 1. Purpose. Grantee shali have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, and enlarge one or more utility systems for purposes of transmission, distribution and sale of electricity. Such systems may include, but are not limited to: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi-buried or ground- mounted facilities and pads, manholes, meters, fixtures, attachments and any and ali other facilities or appurtenances necessary or convenient to any or all of the foregoing. Grantee shali have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shali compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 2. Easement Area Clearing and Maintenance. Grantee shali have the right to cut, remove and dispose of any and ali brush, trees or other vegetation in the Easement Area. Grantee shali also have the right to control. on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Grantor shall not construct or maintain any buildings. structures or other objects on, over or above the Easement Area. Grantor shall not place any landscaping, retaining walis, barriers or other obstacles on any part of the Property that restricts or prohibits Grantee's access to, and safe operation of, its facilities. UG Electric 10/2003 101035807 4, Indemnity. Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others, 5. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of one (1) year, in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area, shall revert to or otherwise become the property of Grantor. 6. Successors and Assigns. Grantee shall have the right to assign, apportion or otherwise transfer any or all of its rights, benefits, privileges and interests arising in and under this easement. Without limiting the generality of the foregoing, the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns. DATED this day of GRANTOR: CITY OF BREMERTON BY: ITS: APPROVED AS TO FORM: BY: ITS: ATTEST: BY: ITS: STATE OF WASHINGTON ) ) SS COUNTY OF ) ,2007. (TITLE) (TITLE) (TITLE) On this _ day of , 2007, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as (TITLE), of CITY OF BREMERTON, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of CITY OF BREMERTON for the uses and purposes therein mentioned; and on oath stated that was authorized to execute the said instrument on behalf of said CITY OF BREMERTON. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Nowry seal, text and all notations must be inside 1" margins 101035807 EXHIBIT A An easement over, under, and upon that portion of Lot 1, Block 14 of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington, as further described below: Beginning at the southwest corner of said Lot 1, also being the easterly right of way of Park Avenue (formerly Dock Street per plat), thence N 1036'35" E 20.88 feet along said easterly right of way to the Point of Beginning; thence continuing along said easterly right of way, N 1036'35" E 56.00 feet; thence leaving said easterly right of way, S 88023'25" E 25.30 feet; thence S 1036'35" W 35.56 feet; thence N 88023'25" W 20.20 feet; thence S 1036'35" W 20.44 feet; thence N 88023'25" W 5.10 feet to the said easterly right of way and the True Point of Beginning Consisting of 1004 square feet. This easement hereby supercedes and extinguishes previously recorded easements of record, Kitsap County Auditor File Number 9002020055 and 9112030106. Legal description for PSE Easement at Park and Burwell May 7, 2007 ~cD , \- - c!:l I 1: I ~U :Y B i 1"-20' 1/ I' II II 'I II II \1 II ,I 'I /, II 'I I, II II 'I 'I II 'I I I' II I /, I I I ........... f- <( -.J 0.. 0:: W 0.. =W ,....: L{) Vl f") I to ~ f") U 0 Z 0 '-' . 'f1} ~ ~ 1I- m a.. 30' r,_ i .,,~ i 14' ALLEY - VACATED PER CITY ORDINANCE 30' 30' -rr- , t- z' Qlw f-/Z u- w...J If) I -~ 30' .", j REQUESTED PSE EASEM:ENT I EXISTING, TRANSFORMER I au rwell st. EXHIBIT FOR PSE EASEMENT PORTION OF BLOCK 14 PLAT OF THE TOWN OF BREMERTON SEC.13, T.24.N., R.1 E.. G.F./S.J. W.M. KITSAP co. WA 6/5/07 DA TE SUBMITTED: June 20, 2007 BILL # 07- I~o AGENDA BILL CITY OF BREMERTON CITY COUNCIL SE ........................................................................................ SUBJECT: Release of Sewer Easement for Bremerton Partners LLC 400 Condominium Property. Committee rVleeting Date: June 27, 2007 COUNCIL MEETING Date: July 2,2007 Department: PW & U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The Bremerton Partners LLC is presently constructing the 400 Condominiums on the waterfront in Bremerton. There is one easement across the development site. It is proposed that the City release this sewer easement so the title may be cleared for the development and sale of the condominiums. The easement is recorded in the Kitsap County Assessor's Office as A.F. 706760. ATTACHMENTS: 1. Council Summary, 2. Release of Easement, 3. Exhibit Map FISCAL IMP ACTS (Include Budgeted Amount): No impacts. APPROV ALS: DEP ARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to release sewer easement A.F. 706760 as recorded in the Kitsap County Assessor's Office and authorize the Mayor to finalize and execute the release of sewer easements in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table aw. Agenda Bills. Release Sewer Easemenl -'lO(J Condos D Continue D No Action City Council Summary Release of Easement for the 400 Condos Backaround Bremerton Partners LLC is comin~ to completion on the 400 Condos located on Washington Avenue between 4t and 5th Streets. To clear title Bremerton Partners LLC has asked the City to release a sewer easement that was recorded in 1963 and that is no longer used today. The Utilities Maintenance Division agrees that they see no future use for this existing sewer easement and there are no public utilities within the existing easement at this time. Financial Impact There is no financial impact to the City. Council Summary Release of Easement for the 400 Condos June 2007 Return Address: City Clerk City of Bremerton 239 Fourth Street Bremerton, W A 98337 AUDITOR/RECORDER'S INDEXING FORM Document Title(s): 1. Release of Easement Reference Number(s) of Documents assigned or released: 706760 Grantor(s): 1. The City of Bremerton D Additional names on page of document. Grantee(s): 1. Bremerton Partners LLC D Additional names on page of document. Legal Description: Lots 1,2 and 3, Block 4, Town OfBremerton, Vol. 2, Page 30. e abbreviated) D Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number: 3718-004-001-0008 Project Name: 400 Condominium RELEASE OF EASEMENT (City of Bremerton Grantor) THIS INSTRUMENT made this _ day of , 200_, by and between the CITY OF BREMERTON, a Washington municipal corporation of Kitsap County, State of Washington (hereinafter "Grantor") and BREMERTON PARTNERS LLC (hereinafter "Grantee"). Grantor for and in consideration of mutual benefits derived and/or other valuable consideration, receipt of which is hereby acknowledged by Grantor, does by these presents grant, convey, release and quit claim forever unto Grantee, its successors and/or assigns, all its right, title and interest in and to that certain sewer easement dated June 7, 1963, and recorded under Kitsap County Auditor's No. 706760, for the sewer easement over, under and across the real property in Kitsap County, Washington described as follows: SEE EXHIBIT "A" ATTACHED All subject to easements ofrecord. RELEASE OF EASEMENT-Page 1 of 2 GRANTOR: CITY OF BREMERTON By: CARY BOZEMAN Its: Mayor DATE: STATE OF WASHINGTON ) ) ss. ) COUNTY OF KlTSAP On this _ day of , 200_, before me a Notary Public in and for the State of Washington, personally appeared Cary Bozeman to me known to be the Mayor ofthe City of Bremerton, a municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act and deed of the municipal corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney R:\LEGAL\Forms\Easements\Release of Easement (recorded easemenr).doc RELEASE OF EASEMENT- Page 2 of2 EXHIBIT A THAT CERTAIN EASEMENT AS DESCRrBED IN AUDITOR'S FILE NO. 706760, DESCRlBED AS FOLLOWS: A STRIP OF LAND BEING FIVE FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT ONE, BLOCK 4, ORIGINAL TOWN OF BREMERTON; THENCE SOUTH 78040' EAST ON THE SOUTH MARGIN OF SAID LOT 1, AND IT'S EASTERLY EXTENSION, A DISTANCE OF 109.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 39046'13" EAST A DISTANCE OF 37.53 FEET; THENCE NORTH 35045'22" EAST A DISTANCE OF 57.14 FEET TO THE POINT ON THE NORTH LINE OF LOT THREE, BLOCK 4, ORIGINAL TOWN OF BREMERTON WHICH LIES 123.00 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID LOT THREE. AND ALSO A STRIP OF LAND BEING FIVE FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT ONE, BLOCK 4, ORIGINAL TOWN OF BREMERTON; THENCE SOUTH 78040' EAST ON THE SOUTH MARGIN OF SAID LOT 1, AND IT'S EASTERLY EXTENSION, A DISTANCE OF 109.13 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 39046'13" EAST A DISTANCE OF 37.53 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 750 EAST A DISTANCE OF 96.00 FEET, MORE OR LESS, TO THE SANITARY SEWER PRESSURE MAIN. / / / / / I / n / / / /1--/3 /A / / / / / / / /S /S / / / / / l '\ or 1 / a / C'f- rid t.~o / u - --L / '$,-0 e~\"f\'" "3 / " - -t 10 f ~ G . / ~ - -L--O~~r\L. '2- I / " ... ...... - - \ ~'t-'-'J-. "~ -'- -_I I --- -- 14' _ I ) -____---:~ - - _VACA1EO - -- _ I '---u.r -+---.1 - _ AllEy '---- __ '/' - J II ' -- , APPROX -- - _ I L _ EASEMENT TO --, ~~ OF BANk ___ . - ---=- -- I , ,~ BE VACA TED ---= . ~ I I J I I I' I I II I, I -- Ss:=-llL APPRO --------_~~TlON OF ---___ ss___ EXISTiNG --;"--_=:::--Ss SEWER liNE EANDER LiNt-~Ss______ INNEr? H ----_ ------ss ARBOR ---___ liNE --_ A9R"~l~~~~S; ~.1 3~ f-I f~1 '\/"1 I --- ",I "" ~~, E " ...~ <: ~ . 01 ,# .... f:---\v ....... J;, .#" t "-.v...~~~ 'j/AS,f~.>;?'" .:, .. VJ ..~ .::;. % ~ :::! 0.. /'J : : :C/) _ z:: :-0: :~= ";0 . . .).... ,.. -:. ~ '.1'(: 20795\.<;:)." "" : '=', <"" '.C:ISTt.~..' ~: #uJ'/ ...... s.:::,.... #'"OJ\lAL LA\\IJ ,,~" """"1 ", EXPIRES 11 10 08 ~ ----- -- ~~IrvG/ON fq -------=- __ A \/ E:. ----- ---- NORTH: Assumed - ~ SCALE: 1 "=50' SINCLAIR INLET / PORT WASHINGRON NARROWS EXHIBIT MAP D'NN BY: CHK. BY: R.L.J. S.E. 0. SEWER EASEMENT VACATED DATE: JOB No. FOR: 400 CONDOMINIUM'S 4/09/07 4241 -/ ~f "" -,9 I ~ . . ~..,,' / : \.J d .'. '" ! ~.,.. '. ',;,. ...., ,...... ..._~ I. - 'See A L'._LJ:__~..LU THE GRANTOIIS E;)CAR II. U~i<llL" .In<': HAP.JOII DEIUlIG, hl.s wiCC', JAY C. MONTllIOY.l:R't and BETTY J. MOlfrGOf'IERY, his wi fe, JIV'IES O. ARTIIlII' antS MARVEL 11'. ARTIIl1R, hl.s wite. RICllAM E. I.INDSTROH ..nt! FLORENCe: LINDSTROM, his wi. fe, 'fF-RENeE: llANLEY and ChROI.YN :\. IIMI LEY , hi. wi f.." -:::I :,:) ~ ~ => JIlKES 0, SIIA,NK ilnd GLORIA B, SH"'~K. his wile, and RAYMOND A. MRDAL "nd SHlJU.EY M. MRDAL, hi. ..ile, for 'load anLl vAlua.!>... consl.<Ieration, receipt of "hich i8 hen.t:.y ac,.nowled;..d, do ~er."b:v 'lp..nt. to the City at I ""'urt-:>r:, a ,n\;n.lclpal corporatlon of the Stllte of WashL<;tJtO". a.' .....m.n'; through and l.:nd,n ~.hl!l C\)ilO'l\n~ lanLls in KLtll"P Count.y, 'tat.. ot 'Washington, to-wit: a. .trip of land be!.:!q five kat en eit.hllr si~c of the fo llowill<,/ dt!!lcribed .:;er. t..r li....~ : .1I91nn1n9' at the !lO.l:~W:tll~ <:x'ner ':If Lot Of.!!. b:'o<:k tour, or1:;p.ncl To..on :>t 1I1em""to,,: t.h..llce "",,1..;-, 780.0' E~.t on the Suuth rnaIJ~n or $~ld l.o~ I, ~r:cl U:'. RolJlterll' ~"t...n..ic.nf ., d\.!",~a<:e of lL19.lJ I",,;,: to the tntc point'. ot b.:.~lr.nia9: rhence North )'}O 4f.' 13" 8.s~, . di~nc~ or 37.53 tep-t.. ~h~n~e ~orth 350 4~'l2. ~~.t. D diftt~~ce Gt 57.14 !eut to a poLnt on the N~rth line of lot thre+, b!cc~ four. o~i~i~61 'rown of I!reuhlrt'Of" ...,hi:-l--' 1:!..t'" 12)..0:\ ,....e:t. F:C4.'t~r~'-" f....OM the Nt,(t.:-,....\!,~ ('::..,k:"'er ,:~t !..i.a lot thr,'!tt'. .. ~nd .1~0 a ~trip et l~r.~ beinq C.va I~ut. en eithar lI.Lde c,f thtl' :.t,)):.'.........l~.t.1 ;,!..:r:ccll;('.j -:~""I~:'11.:-1jl':"': ~~''''1n,.i.nC't a.t t.h'! S,:,.1;.hwBU-:' C'orn~l of' tot. onr., b.lack.!o....,:. .\,.i:::.;t~llll. 'rCJ"'" t"t 9u.mn.'lun: tht':nC"'C'" ~f.1.J.tit 7a.4~' eJ'.8~ on ~h~ JOUt:.~1 :ht;:.n of !:i'.lo.d lot. O"'~., b~~ it's Eaut~rly exter.1licl:, A disL'1n'~'" :>t 10':1. t:J h..t, thenc:. north 3<)..6'1]" eaet, ,. ('lAtahC~ ~f: '"!I"l.".' ~:eet. to the tru.. pu I.nt 0 f 1>"9' n" inq: tl".anc"" I!I'~U~" "Ii .. e.st . 4ist..nee ot 96.00 fect, mo~e or lp.,~, t.o ~I~ Ban1t.~y S.w.r Pr."~cb M.~n. 1n and uFon wh1ch to la)', up..rate and ft..int...1n .e"..r pipe., toqet.her wlth any n.cm..~ry appurt.nan<:.s withl.n .aLd ...rm.nt. Th. Grantea .h.ll hav. t.h. ri9ht to enter upon ..id premi... and to oren up .aid pip.l1n., or any fBrt tn.reof, for the purpoD. of ..lntalninq. ropairinq or renewin9 ~he s~mc ~. occ~si~n ~~y require. ~he Burt.c. .hall be ~e.~or.ed to its pres~nt cond~tion or 4' nearly ther.to as ShAll be reason~bly possible. The qrantlnq o~ ~hi3 easement shall be hinding upcn the ~xecutoC. and ...i'ln. of the qrantor.. Dated this ~d.y of _~P1E--_.l'1';J. ! --. ~-) ) . 61 J ~ ',' ".;!-P, .y,:'" .:.t.~~...'.~ .,r.::~~~~' :';ri ~~:~:!':~""'-' " ~I'.~"':~~~' ~ . ~. ;;,'.'i;':;.; Y'~'~'. '.~":;. ~:~.: or : .' , . . , ..,~i... ..../ C-~ ~..,,~ ::':::.;.:~.~.., :/:.(." :": :~""'-. .. ---r-)------ :...)~', .. ,;>' -L~.!~~~_~.~ it. i \;. -- ~-.!.-I-.'1'_---.._--.. ,. ..., . .j .~-t~-:"-..~:~-:.-.: ";;~'~-'-------- , . ---7"---- "\ .;..i,..... ~., ";IIii:.': .i:.; .--:;ti/' ~~)) . ..,'.. ,~,,;,;:.~\. ':" :...l:~~'.~. . ':.~l' .'> .".. .:.,.:.... .,Jt. I"' ......~3:11.".... .. .. 1...~. -f" "1," ;.....:. ..-;-;-- ----~-:;)7.---.- '~:..<-' ...i /.LL./~ ,(', 1~&~4v-._- .:, 'l '. ]a' l ~ Q' :~. ::::~') , .'S- Ii I ~ I'; '"J,' COUNT" or KITS ~ " /';.; ", J _~(L._C\ If...~ ; . ''- , ___ .::.~~__..___~~~7t"::....~ _ ___ -----:;4-J..; .l.L./.f;:.._l4....:;!~J..l .~_._. _ :"1 l..,r.... .' i, ./" . ( . ""'.. ~ (,.,..' ./' . L/.~ \ .'., ---:-....~,;?-.....L--..... .... ..~--;_.____ I 'to \"7 . . . :.. -'='. '. .'1":..- ___ 'r' . . /) .I .... ) i.' ., '~......, 1./ .' ,... I . . . . ~-~'" -,~ 'U.J-\.""'~ y)', . ~.........cJ..a_r.......,"",- ~ I ~ . - On thl. dny p..rl\l>nal1'{ .ar:!,ea.r:-r,d hef,.::-e "'" EO~A:( tf. L:EP.RtC al\~ MARIOH OERll1G. hi.s ...!e, .1!'.V C, H?N'lGOI-\l;/tY and &Z1'TY J. ~IOI'ITGCI':F.1W. hla ,,,If., JAM!:::: 0, ..J:Tr,1J!l ..,',,1 IY.:I\,'ZL W. 1.RTIiUP.. hi. ...~i.., 1l1Cill,i<!l E. LINSTROM and f'L.:'RUlct L[l'IDSTr;OIt. illS ..,i fe>, JNU:S n. S~:M~)( an.J '.:a.oI1.1... I. SHANK, hi. wite, alld IlA'fM:-:~Jl) r.. !,"'P.DIoL and SHIRUY M. ft.ARD1.l !ny wlle. t.o me k:\own to toe th~ i.:l,Hvi.:lu.:.ls ~""cri.hfOd i.n iln<.l ...11" eX(,C:Ut~C r.ha ..1thin and to"fJ"o.~,,<; ir.strur.""lt, .",,1 acknowledged that t:',~y ~.<;nc.J .. tho _am. as tho1.e f:-Iu.: .'1.n~ v,_,':'unl..n:.y a.:t .and ch~tJ\f. Co 1" t~,r U9QA -1'1.0 purpolle. t.h'4 r...n llIl!!ntJ.::mod, .A . G.t\'l"-'ll "ndoc my hand an.' oH.~'i.,ll lIe..l. ~hi.5 ~al' C't: June, l!i63, On thia dolY .pcl',."n.. l~' "ppc" r:-'1 :,,, forI! ".c ..-r.tu:W::E lL\NI.i':'{ and CAROLYN R. HANK.!:'(. In.. wlfc. t.c> rr.c know., to be th.. lndivld...al.. dil.r:.rU..d in ~nd wno oxecut<!d thl! '" i th.n and forego i:"l9 iIH:t rwr."n t, llnd ac:knO'a'led9"d thll~ tho:" aiqn~ thu ~"",e '''' theic free anti voluntary ar:t llneS deed, for th.. u.e. and PloCfI"'.'" ther..in I!\e.nioned. . Q!VEN under my hand "nd otfi.~i.al ....al till. .:z..day ot June, 1963, (:':" /- ?/~ ~/' Vl;~'.'."L" .;'.~~ ..., .(. ,.. ~. jotary Public: in and tor the Stat~ ot W..hln9~on, r~sidin9 at Bc,,",crton. - .' ! . .} j " r,. c :'.1 ''rATE or t/~lIr~GTOH COU~rY or KrTSA~ . i, .....,' '" . 1~:~r'~7:~.:.; ~,tP.,' ;.......-.;. ; :~ ~?~~ " ~~~Lt.~I.~j .~.o':"', ,. l' .' . ('ty\. J . . ,.., .,. '~"'. .-./,,,'LJ"'~ . ..... ., .,.... 1" ;H<...;';' _'~ .. , '. ,: .~;~s{:.~ ;~~;~i;fi;;: :i; . _ .-.:lnu ~cf::.L.Q..._u__ M~ s~d fer cn~ ~~t N~lIhln~ton. r~,idin9 lit !lren,(!r:ur"d Ad.. ~ J . !.t.'. ."E.J"':f~M. .......~ .r...lIRElillTOIi,nru C11. ~ "':P\~','" ".-.1' '\...1.1 . M', :\1 to 1:. j DATE SUBMITTED: June 1,2007 . BILL # 07 - I b i AGENDA BILL CITY OF BREMER TON CITY COUNCIL g: ......................................................................................., SUBJECT: Interlocal Agreement with Kitsap County for Use and Improvement of Facilities on Tibardis Rd for BKA T Studio Committee Meeting Date: 6/27/2007 COUNCIL MEETING Date: 7/2/2007 Department: Financial Services Presenter: Laura Lyon Phone: 473-5722 SUMMARY: The City recently approved a non-exclusive cable television franchise agreement with Comcast which provided (among other things) a requirement to relocate the BKAT production studio and equipment by no later than April 15, 2008 from its' current location in the Comcast building on Sylvan Way. Comcast is to provide additional capital funding payments to cover the cost of this move. BKA T intends to relocate the studio and equipment to the current BKA T administrative office building located on Tibardis Rd. - which consolidates staff and equipment in one central location. The Tibardis building is owned by Kitsap County. Staff is recommending that the City enter into an interlocal agreement with the County to give the City authorization to construct the required addition to the building and make necessary improvements. The interlocal agreement additionally provides BKA T use of the facilities through April 30, 2020 - allowing the City to get full value for the investment of these Cable Franchise PEG capital funds. A TT ACHMENTS: Explanatory Memo and Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): Interlocal agreement requires BKAT to pay for utilities at the Tibardis location. 2007 budget is sufficient to cover the estimated additional expenses. The intended improvements authorized by this interlocal agreement are funded by the Comcast Franchise Agreement PEG funding and additional capital funding payments. A budget adjustment will be necessary to authorize the expenditure of these funds - since the receipt of funds to make such a move was not anticipated in the 2007 budget. The budget amendment will be requested at the time a building contract is submitted to the Council for approval. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Interlocal Agreement between Kitsap County and the City ofBremerton for use and improvement of facilities at 7266 Tibardis Rd. NW,' Bremerton, Washington and authorize the Mayor to finalize and execute the agreement in substantially the same form as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action m~.' · ~ · Memorandum To: From: City Council Members Mayor Cary Bozeman . ~ Laura Lyon, Director of Financial servicerf Interlocal Agreement with Kitsap County for Use and Improvement of Facilities on Tibardis Rd. for BKA T Studio Re: Date: May 31,2007 The City recently approved a non-exclusive cable television franchise agreement with Comcast for a five year period. Among other things, this agreement provides capital funding to BKAT for the purposes of relocating the BKAT production studio and playback equipment from the current location in the Comcast building on Sylvan Way to the BKAT administrative office location on Tibardis Rd. The $150,000 construction capital funding was provided with the requirement that the City relocate out of the existing studio location on Sylvan Way no later than April 15, 2008. This requires running a return connection to the Tibardis building site (which is also provided for in the agreement) and building an extension on the BKAT administrative office location at Tibardis Rd. Work needs to begin immediately on these tasks upon receipt of the additional capital funding - in order to meet this deadline for relocation. The Tibardis Rd. Building is owned by Kitsap County. BKAT occupies this building currently in accordance with the existing City/County PEG funding interlocal agreement for the purposes of BKAT providing public access television services there. This existing agreement was a five year agreement and will expire on December 31, 2010. The City must now enter into an interlocal agreement with the County to give the City permission and authorization to construct the addition to the County's structure located at 7266 Tibardis Rd. NW, Bremerton Washington for the purposes of locating the BKAT production studio there. It is expected that a total of approximately $200,000 will be expended by the City on improvements and equipment in the construction of this studio addition. In order for the City to get adequate value for this investment of PEG capital funding, an extended period of time to use the facilities beyond the current authorized period is also required. The BKA T Manager and Director of Financial Services have worked with the appropriate staff of the County to develop a mutually acceptable interlocal agreement that addresses these basic needs. The County Commissioners have given the head nod to the agreement in study session and are expected to act on it within the next several weeks as their scheduling provides for. The general terms of the interlocal agreement provides for the following: 1. Affirms that the building is owned by the County and that the improvements to the building are the property of the County - the City does not have ownership interest and is only granted the rights of use as described in the agreement. 2. Requires the City to manage and direct all aspects of the construction work with provisions for the County to approve the final design of the building addition. 3. The City is responsible for all costs for the construction of the improvements to the building and site. 4. The City agrees to ensure that no liens are placed on the property as a result of any work performed or materials furnished in making such improvements. 5. The County agrees to continue providing the facilities in their. entirety at the Tibardis Rd. location for the use of BKAT for public access television purposes through April 30, 2020 (13 years of use provided). 6. The City agrees to pay for the following utilities - electricity, security alarm system, sewer, water, garbage, and telephone. 7. The County agrees to continue performing routine maintenance on the building, grounds, and the parking lot. 8. The City agrees to maintain and provide proof of liability and other insurance coverage as specified. 9. The City has the right to terminate the agreement without cause with 90 days written notice. 10. The County also has the right to terminate the agreement with 90 days written notice without cause subject to payment to the City of a sum equal to $200,000 divided by 156 (months during the full term of the agreement) and then multiplied by the remaining months from date of notice to the expiration date of the agreement (April 30, 2020). This ensures that the City will not be subject to loss of value due to an early termination of the agreement. I believe this is a good agreement and is mutually beneficial to the City of Bremerton and Kitsap County. I am asking for the City Council to approve this interlocal agreement at its July 2nd business meeting. 2 KC-223-07 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF I BREMERTON FOR USE AND IMPROVEMENT OF FACILITIES AT 7266 TIBARDIS RD. NW, BREMERTON, WASHINGTON This agreement is made and executed by and between Kitsap County (hereinafter referred to as the "County") and the City of Bremerton, a municipal corporation (hereinafter referred to as the "City") which agrees as follows: WHEREAS, the County and City have previously executed agreements, which established the City of Bremerton as the entity responsible for the management and operation of the public/education/government access channel and community access center for video productions through Bremerton Kitsap Access Television (hereinafter referred to as "BKA T"); and WHEREAS, the County and City have previously entered into a Funding Agreement KC-339-06 dated September 7, 2006 related to the provision and support of public, educational, and government access channels with term of agreement covering a five (5) year period commencing January 1, 2006 and terminating December 31 , 2010; and WHEREAS, the Funding Agreement by and between the County and City related to SKAT specifies that that the County will provide the facilities at 7266 Tibardis Rd. NW, Sremerton, Washington for the use of SKAT for public access purposes during the term of the agreement; and WHEREAS, the City desires to construct an addition to the current structure located at 7266 Tibardis Rd. NW, Sremerton, Washington for the purposes of locating the SKAT production studio there - providing operating efficiencies through centralizing production and administration work areas into one location; and WHEREAS, the City estimates the improvements will have a value of approximately $200,000; and WHEREAS, the City requires approval from the County to proceed with the proposed improvements and requests an extended period of time to use the facilities (beyond the current agreed upon five year period) in order to adequately receive value for the investment of money; NOW THEREFORE in consideration of the mutual covenant contained here in, it is hereby agreed as follows: Section 1. Premises, Design and Construction of Buildin~ Improvements. A. Premises and Improvements Described. The facility provided by the County in the Funding Agreement KC-339-06 dated September 7, 2006 (hereinafter referred to 1 as "Funding Agreement") for the purposes of operating the BKA T production studio is located at 7266 Tibardis Rd. NW, Bremerton, Washington (hereinafter referred to as "Premises"). The City intends to construct an addition of approximately one thousand square feet (1,000 square feet) to the current structure located at the Premises (hereinafter referred to as "the Improvements") for the purposes of relocating the BKA T production studio as generally shown in the preliminary building and site plan in Exhibit A attached hereto and incorporated by reference. The PARTIES agree that any and all current or future development and construction of the Improvements are owned by the County and subject to the County's right, title, and interest at the expiration or termination of this Agreement pursuant to Section 5. B. Design, Building & Site Plans. The City shall retain a licensed architect or licensed professional engineer, registered in the State of Washington, who shall design and prepare the building addition, building and site plans for the Improvements which shall reference the original structure, the addition and any other related improvements, utilities generally, a landscape plan as applicable and other related improvements. The County shall have the right to approve the final design of the Improvements. The City shall comply with the Americans with Disabilities Act of 1990 (ADA) in the design, construction, and operation of the Improvements. C. Construction/Site Work/. The City shall be solely responsible for all development and construction of the Improvements. The City shall be responsible for the site work and grading. In addition, the building site shall be kept in a clean and organized condition during development periods. The City shall be responsible for site security during the development and construction phases. D. Deadlines. The City shall be required to complete the development and construction of the Improvements no later than June 30, 2008, or a later date as mutually agreed upon. Completion of the development and construction of the Improvement is defined as that date upon which all final occupancy permits are obtained by the City. E. Failure to Meet DeadlineslTime of Essence. It is mutually understood and agreed that failure by the City to meet the development and construction deadline shall constitute a material breach of this Agreement by the City and the County, at its option, upon failure to cure the breach pursuant to Section 5(C), can terminate this Agreement for cause pursuant to Section 5 of this Agreement. F. Stormwater Drainage, Sewer, & Water Lines. The City will be responsible for relocating storm drains, sewers, and water lines to the Improvements, as required to complete any development and construction of the Improvements. G. Permits, and Development and Construction Fees & Expenses. The City shall be responsible for obtaining and paying for necessary permits, fees, and expenses associated with the development and construction of the Improvements. In addition, the City shall be responsible for any additional costs for inspections billed to the County by any government agency, including but not limited to the City of 2 Bremerton, Kitsap County, or the State of Washington. H. No Liens. It is mutually understood and agreed that the City shall keep the Premises, and the structure and Improvements on which the Premises are situated free from any liens arising out of any work performed, materials furnished, or obligations incurred by Lessee. Section 2. Financin~, Ownership and Use. A. Financing - No County Obligation. The City shall be solely responsible for all financing requirements for all construction or subsequent improvements to the Improvements. The County 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 agree upon. B. Ownership of the Improvements. The City shall have no ownership interest in the Improvements described in Section 1 of this Agreement and is only granted the rights of use as described in Section 3 of this Agreement. Section 3. Use of Premises. A. The County agrees to continue providing the facilities in their entirety at the Premises for the use of BKA T for public access television purposes during the term of this agreement unless the City provides ninety (90) day advance written notice of the intent to no longer use those facilities for BKA T purposes except for health or safety reasons. B. Utilities for the building on the Premises will be paid as follows: The City will provide (pay for) electricity, security alarm system, sewer, water, garbage, and telephone. The County will perform routine maintenance on the building, grounds, and the parking lot. C. The City will carry fire and extended coverage insurance on all improvements, structures and buildings located on the premises. The policy shall include Kitsap County as the loss payee for its interest in the property. A certificate of insurance must be provided to Kitsap County. Kitsap County will not carry insurance on City's property. In the event of the total or partial destruction of the building, structures, or facilities currently on the Premises or subsequently constructed by the City, the City shall have the obligation to reconstruct such facilities to the condition in which they existed prior to destruction, provided that such obligation shall be limited to the extent the costs of such reconstruction are covered by the funds made available to the City from the insurance proceeds paid to the loss payee, Kitsap County. D. By the date of the execution of this agreement, the City shall procure and maintain for the duration of this agreement insurance against claims for injuries to persons or 3 damages to property which may arise from or in connection with exercise of the rights and privileges granted by the agreement by the City, their agents, representatives, employees and/or subcontractors. The cost of such insurance shall be paid by the City. E. The City shall maintain limits of General Liability no less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Section 4. Term of A~reement. The Agreement shall be for a period of thirteen (13) years commencing May 1, 2007 and expiring April 30, 2020. This section hereby amends Section 13 of the Funding Agreement as it relates to the term of use of the Premises. Section 5. Termination of A~reement. A. The City shall have the right upon ninety (90) days written notice to the County to terminate this Agreement without cause. B. The County shall have the right upon ninety (90) days written notice to the City to terminate this Agreement without cause subject to payment to the City of a sum equal to $200,000 divided by 156 (number of months during term of this agreement) and then multiplied by the remaining months from notice date to the date of expiration (April 30, 2020) as specified in Section 4 of this Agreement to terminate this Agreement without cause. C. This Agreement and the rights granted herein may be terminated for default as follows: a. The City shall be .in default if it fails in the performance of any covenants, conditions, or provisions of this Agreement where such failure continues for a period of thirty (30) days after written notice is given by the County provided that the nature of the City's obligations is such that more than thirty (30) days are reasonably required for cure, the City will not be in default if the City commences to cure within thirty (30) days of the County's notice and thereafter diligently pursues completion and completes performance within a reasonable time. b. The County shall be in default if it fails in the performance of any covenants, conditions, or provisions of this Agreement where such failure continues for a period of thirty (30) days after written notice is given by the City provided that the nature of the County's obligations is such that more than thirty (30) days are reasonably required for cure, the County will not be in default if the County commences to cure within thirty (30) days of the City's notice and thereafter diligently pursues completion and completes performance within a reasonable time. Section 6. Severability. In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the 4 provisions of this Agreement that are not affected by such occurrence shall constitute a full and complete Agreement between the parties. Section 7. Indemnify and Hold Harmless. The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilities as set out in this agreement. Section 8. Notices. All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows: Director of Financial Services City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 Director of Information Services Kitsap County 614 Division Street MS-21 Port Orchard, Washington 98366 Section 9. Entire AQreement. This Agreement is the entire agreement of the parties and supersedes all prior negotiations and agreements whether written or oral. This Agreement may be amended only by written agreement. Dated this day of ,2007. CITY OF BREMERTON APPROVED AS TO FORM: CARY BOZEMAN, Mayor Roger A. Lubovich, City Attorney 5 Dated this day of ,2007. BOARD OF COMMISSIONERS KITSAP COUNTY WASHINGTON Chris Endresen, Chair Jan Angel, Commissioner Josh Brown, Commissioner ATTEST; Opal Robertson Clerk of the Board G:\DAS\DATA\Wordfiles\Contracts\lnfo Svcs\BKAT Tibardis Site 223-07.doc 6 DATE SUBMITTED: June 13,2007 BILL # 07-/L+. AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5(4 ........................................................................................ SUBJECT: Budget Adjustment for City Attorney's Office Committee Meeting Date: June 27,2007 COUNCIL MEETING Date: July 2,2007 Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: The City Attorney's Office 2007 budget for professional services (54110) was calculated based on disbursement levels from prior years. However, recent litigation requiring outside counsel has resulted in a need for additional funds in order to provide the City with necessary and uniquely experienced outside counsel. Current litigation includes two labor arbitration matters and a significant land use issue. Staff is requesting a budget adjustment in the amount of $55,000 to fund the remaining anticipated attorneys' fees for 2007. ATTACHMENTS: None FISCAL IMP ACTS (Include Budgeted Amount): Additional expenditure for the General Fund - City Attorney's Office of $55,000 above the current budget expectations. The 2007 ending fund balance will be used to fund this budget adjustment. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to authorize a budget adjustment in the amount of$55,000 to the City Attorney's Office professional services budget. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action DATE SUBMITTED: June 13,2007 BILL # o 7 - I h3 ........................................................................................ SUBJECT: Award of Sodium Hypochlorite Committee Meeting Date: June 27,2007 proposal for the Westside WWTP COUNCIL MEETING Date: July 2, 2007 Department: Public Works & Utilities Presenter: Pat Coxon Phone: 473-5448 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5H SUMMARY: Award of the proposal for the furnishing of sodium hypochlorite at the Westside WWTP. This award to the supplier will have firm pricing for a period of one year, from the time the proposal agreement is signed. The cost per gallon from the supplier will include all costs Encumbered (freight and taxes). ATTACHMENTS: Current Sodium Hypochlorite proposals from Pioneer Americas, Jones Chemicals and HASA. FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP Operations Budget of$I,745,055.00. Bars #535.8032.53110 APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: ti r'!!/ ~. ~ .C";~~~t .-v>='-' <":"- .~ ~7 - CONSENT AGENDA ~ GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to approve the proposal to purchase sodium hypochlorite for a period of one year from Pioneer Americas, at a cost of $0.579 per gallon delivered. COUNCIL ACTION: D Approve D Deny D Table o Continue 0 No Action 10....... ~ PUBLIC WORKS & UTILITIES Wastewater Treatment Plant Tel 360-473-5400 Fax. 360-473-5455 1600 Oyster Bay Ave. ~ Bremerton, WA 98312 . June 12, 2007 In review of all three proposals from Pioneer Americas, JCI Jones, and HASA, we have chosen Pioneer Americas as our sodium hypochlorite supplier. Pioneer Americas was not the lowest proposal. Their proposal was $0.002 higher than JCI Jones. Pioneer Americas was chosen based on their service to the Westside WWTP for the past four years. Pioneer Americas has shown to be very reliable, a proven safety record, knowledgeable drivers, "state of the art" tanker trucks, and a seamless ordering and billing system. For these reasons, Pioneer Americas was chosen as our supplier of sodium hypochlorite for the period of July 2007 thru July 2008. Pat J Coxon Wastewater Manager Public Works & Utilities t.~~~1!llAGl~~ ~f]e~..~.;'1":". tf~-""G~~_..':, " ~~ ~~rm!1'iE..~.. It:A ~ ~~i\:l!! ,~~~ ""j! !I]:-I,.:;_I\ \('I,i(]. "'; 1 . \,I..<-::;:~;;; ( f;:'f..:;k o..~ !:,9L~! ,., ;-'.1i: r;.t) :1:'>.: ':1['. " (~.: l.' 1. i ;.' ! . ~~l" .:.i,.~) June 4, 2007 Pat J. Coxen Wastewater Manager City of Bremerton 1600 Oyster Bay Ave S Bremerton, W A 98312 Patrie .coxon@ci.bremelton.wa.us RE: REQUEST FOR PROPOSAL - 12.5% Sodium Hypochlorite - 2007-08 Dear Pat: Pioneer Americas thanks the Bremerton Wastewater Treatment Plant for years of service and is pleased to offer the following pricing in response to the request for proposal for the supply and delivery of sodium hypochlorite for the upcoming fiscal year. 12.5% Sodium Hvooc/t1orite Locatioll Price (oer fllll.) Bremerton WWTP $0.579 (delivered) Delivery: 3 days ARO, Min. 4,800 gallon truckloads These prices are valid for the period from award or about July I, 2007 through June 30, 2008. We are willing to extend this agreement year to year upon mutual agreement. Pioneer is the largest manufacturer/distributor of bleach for water treatment in the Northwest and our plants are ISO certified. Our chemicals carry NSF Standard 60 certification and are in compliance with all current A WW A and EP A standards. Thank you for the opportunity to bid on the chemical requirements for the City of Bremerton again. Ifyoll should have any questions, please do not hesitate to call me at (925) 280-2649. Sincerely, n <Jd~t~ ~!Ufl John M. Schabacker Business Director QUOTATION J' l.....''i"I "]~ r ~i. '.''\,;:''d !,' 'i' (,['1 f ~ .:' - .:' '.~ ~ ~.. . :~~: t;r_. ~:} r~'.-" , ,', ,.,' .'" h,'. '.,' ;' "U;J''','i ~,:; 'I;;; '<.i.....~_.A }L \,,~~J~ l:~;J'}/ --~ ,-<'-' .~ ~ ", ,I, II',:" l, I ',,' I J: ..'. ,;!, 11"l., City of Bremerton 1600 Oyster Ave S Bremerton, W A 98312 AITENTION: PatJ. Coxon patrie eoxon@ei,bremerton.wa.us Phone: (360) 473-5400 Fax: (360) 473-5455 Effective Expires ICI Customer # Payment Terms June 6, 2007 June 30, 2008 54107725 Net 30 Days Pounds Per JCI Item #: Description Quantity Price Price Gallon Break Change 12.76 12.76 12.76 Varies 1401001 Caustic Soda 50% 1000-1999 $1.86/ gal. or 1397001 Bulk Gallons Gallons plus sales tax 1401001 Caustic Soda 50% 2000-2999 $1.50/ gal. or 1397001 Bulk Gallons Gallons plus sales tax 1401001 Caustic Soda 50% 3000 + $1.35/ gal. or 1397001 Bulk Gallons Gallons plus sales tax Yes Yes Yes 1201001 Sodium Hypochlorite 12.5% ** 4800 $0.577/ gal. Bulk Gallons Gallons plus sales tax ** Price fOT full truckload quantity only Yes F.O.B. Delivered Wastewater Treatment Plant 1600 Oyster Bay Ave 5 Bremerton, W A 98312 Please al10w 3 - 4 business days after receipt of order for delivery. Delivery times for chlorine tons allot for 2 hours of unload/reload time, cylinders and non bulk bleach allot for 1 hour of unload/ reload time. Additional time will be charged at $15.00 per quarter hour. Orders in excess of 25 cylinders will be exempt from allotted unload/ reload times. THIS QUOTATION IS SUBJECf TO WITHDRAWAL WITHOUT NOTICE. THIS QUOTATION CANCELS AND SUPERSEDES ALL PRIOR QUOTATIONS. JCI Jones Chemicals, Inc. 1919 Marine View Drive Tacoma, WA 98422 (253) 274-0104 , Inc. June 1, 2007 Pat Coxon Wastewater Manager 1600 Oyster Bay Ave S. Bremerton, W A 98312 RE: Sodium Hypochlorite Proposal- 2007/2008 Dear Pat, Hasa would like to thank you for the opportunity to submit this proposal for the City of Bremerton's 12.5% Sodium Hypochlorite requirement. We would like to offer the following pricing. 150,000 +/- gallons, 12.5% Sodium Hypochlorite $.6150 p/gallon, delivered This pricing reflects delivery to your site and is firm for 1 year or until July 31,2008. Our product is certified to NSF/ANSI Standard 60 and is filtered. I have included our product specification sheet, an MSDS and our NSF certification. Please feel free to contact us ifthere is any additional information you reqUIre. We look forward to hearing from you Regards, Cindy Yost Hasa Inc 360-957-0938 Hasa, Inc. 3401 Industrial Way, Gate 10, Area 67, (PO Box 1173) Longview, WA 98632 Phone: 360-578-9300 Fax: 360-578-9310 DATE SUBMITTED: June 20, 2007 BILL # 07- /10 if AGENDA BILL CITY OF BREMERTON CITY COUNCIL 51 .....................-................................................................... SUBJECT: Interlocal Agreement Amendments G and H between the City and Kitsap County for improvements of SR 304, Navy Yard Highway. Committee Meeting Date: June 27, 2007 COUNCIL MEETING Date: July 2,2007 Department: PW & U, Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: The City of Bremerton and Kitsap County have previously amended the Inter/ocal Agreement to incorporate additional work into the SR304 Transportation Improvement (TIP) Project, Navy Yard Highway Phase. These improvements include replacing the existing County sanitary sewer line and upgrades to the proposed storm system. Costs associated with these work items were higher than originally estimated, and as such, the amendments need to be revised to reflect the new costs for the work. ATTACHMENTS: 1. Council Summary; 2. Inter/ocal Agreement Amendments G and H with Kitsap County. FISCAL IMPACTS (Include Budgeted Amount): ILA revision to amendments #3 and #4 and are fully reimbursed by Kitsap County to the City (approximate total Cost $735,984). APPROV ALS: DEPARTMENT DIRECTO CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: COMMITTEE CHAIR COUNCIL PRESIDENT: -~~~ CONSENT AGENDA ;g GENERAL BUSINESS D PUBLIC HEARING D RECOMMENDED MOTION: Move to Approve Interlocal Agreement Amendments G and H between the City of Bremerton and Kitsap County for improvements of SR 304, Navy Yard Highway, and authorize the Mayor to finalize and execute the amendments with substantially the same terms and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table aw. ~\genda Bills. ILA Amendments G and II D Continue D No Action COUNCIL SUMMARY INTERLOCAL AGREEMENT AMENDMENTS WITH KITSAP COUNTY Summary The City of Bremerton (City) and Kitsap County (County) initiated an Interlocal Agreement (ILA) to partner for design and construction of the SR 304 Transportation Improvement Project (TIP). With the project, the County sought infrastructure improvements to County facilities. These improvements were incorporated as amendments to the original agreement. Specifically, for the Navy Yard Highway Phase (NYH) these improvements were covered as Amendment #3, for the sanitary system, and Amendment #4, for the storm system, under Agenda Bill #07-091. Costs for the amendments were estimated and incorporated into the documents. However, costs for the project came in higher than expected, with the costs for these particular items being approximately 40% over the Engineer's estimate. The amendments were conditioned so that the County was to re-evaluate having the work incorporated with the City project if costs exceeded 25% of the estimate. The City and County have discussed the increase, and as it is in the interest of both agencies to have the work completed at this time, the County has agreed to the higher costs for the work. Fiscal Summary The original estimate for the sanitary line replacement (ILA #3) was approximately $483,940. Current construction costs are estimated at $689,354.68. The original estimate for the upsizing of the storm lines was approximately $32,800. Current construction costs are estimated at $46,629.20. These additional costs will be reimbursed to the City by the County. eil]' olf!r<:/IIeI'IOI1 Il/lerlocal../grl!<:/II1!111 ..I/11<:/11I/11(,l/lsjiir Sf< 31i-! ill): \'my }'(/J"(llligl/lray l'IwSI! .Jill/I! ]lil!7 AMENDMENT G INTERLOCAL AGREEMENT Kitsap County Agreement No. KC 1 05-97 City Agreement No. 3829 THIS AMENDMENT NUMBER D (4) to the Interlocal Agreement between the City of Bremerton, (hereinafter referred to as "CITY") and Kitsap County (Hereinafter referred to as "COUNTY"), made and entered into this day of , 2007. WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Ferry Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, the CITY is planning the construction or improvement of a section ofthe Project within the COUNTY, and in connection therewith, the COUNTY has requested that the CITY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the CITY to include the necessary items of work in the CITY's construction contract proposed for the improvement of this section of the PROJECT, and WHEREAS, the COUNTY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the CITY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the street lighting work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and contract is awarded, administer the contract. The COUNTY hereby approves the plans and specifications for the described work as shown on Exhibits "B", attached hereto and by this reference made a part ofthe AGREEMENT. City of Bremerton and Kitsap County Amendment Number 4 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP The COUNTY may, if it desires, furnish an inspector on the project. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. The COUNTY agrees, upon satisfactory completion of the work involved to deliver a letter of acceptance to the CITY, which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work for the sanitary sewer work under the AGREEMENT. If a letter of acceptance is not received by the CITY within 90 days following completion of the work, the work will be considered accepted by the COUNTY and shall release the CITY from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT. The COUNTY may withhold this acceptance for work by submitting written notification to the CITY within the 90-dayperiod. This notification shall include the reasons for withholding the acceptance. In the event that any damage is discovered or is incurred after acceptance of the work and to the extent that such damage is to the COUNTY'S facilities or is alleged to be caused by the COUNTY'S facilities under this AGREEMENT then the CITY agrees to execute a general assignment of its claims against the project prime contractor so the COUNTY may pursue any claims or causes of action the CITY may have against its prime contractor for the damages mentioned herein. The CITY shall ensure that all contracts related to the completion of this project include a comprehensive indemnification clause holding harmless the CITY and COUNTY. The CITY shall also ensure that liability related to its general contractor is appropriately covered by insurance and that said insurance coverage include and name the COUNTY as an additional insured. II PAYMENT The COUNTY, in consideration ofthe faithful performance ofthe work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the CITY at the COUNTY's expense is marked Exhibit "A", and is attached hereto and by this reference made a part ofthe AGREEMENT. Partial payments shall be made by the COUNTY, upon request ofthe CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per month. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. City of Bremerton and Kitsap COl/nty Amendment Number 4 to lnterlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Garst Vicinity TIP The COUNTY agrees to make payment for the work to be done by the CITY within thirty (30) days from receipt of billing from the CITY. The COUNTY agrees that ifpayment for the storm sewer workis not made within ninety (90) days after receipt of billing the CITY shall assess a penalty of 10% on all amounts outstanding until payment for the work is received by the CITY. The COUNTY agrees to pay the CITY an "Advance Payment Amount" of$10,000 within 20 days after the CITY submits its first partial payment request to the COUNTY. The advance payment represents approximately twenty (20) percent of the estimate of cost and covers costs incurred by the CITY in the initial stages of the project. The advance payment will be carried throughout the life of the project with final adjustment made in the final payment. Upon completion of the work outlined herein, all future operation and maintenance of the COUNTY's facilities shall be at the sole cost ofthe COUNTY and without expense to the CITY. ill DELETION OF WORK In the event the estimate of cost, EXHffiIT "A", is in excess of $20,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than 15 percent, the COUNTY shall have the option of directing the CITY to delete all or a portion of the work covered by this AGREEMENT from the CITY's contract. Except, that this provision shall be null and void if the COUNTY's portion of the work exceeds 20 percent of the actual total contract bid price, or if the COUNTY is responsible for the costs under State law or the Washington Administrative Code WAC 468-18-040(5)(d). The COUNTY shall have five (5) working days from the date of written notification to inform the CITY to delete the work. Should the COUNTY exercise its option to delete the work, the COUNTY agrees, upon billing by the CITY, to reimburse the CITY for preliminary engineering costs incurred by the CITY to include the work covered by this AGREEMENT in the CITY's contract. N EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by a supplement AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in the AGREEMENT is required, approval must by secured from the COUNTY prior to the beginning of such work. Where the change is substantial, written approval must be secured. City of Bremerton and Kitsap CO//Ilty Amendment Number 4 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Garst Vicinity TIP Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the COUNTY. V RIGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. VI VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Washington. VII LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NUMBER as of the day and year first above written. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Paula Johnston, City Clerk Date APPROVED AS TO FORM: Roger Lubovich, City Attorney Date City of Bremerton and Kitsap County Amendment Number 4 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Garst Vicinity TIP DEPARTMENTAL APPROVAL: Laura Lyon, Finance Director Date Phil Williams, Director ofP.W. & u. Date City of Bremerton and Kitsap County Amendment Number 4 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP BOARD OF COMMISSIONERS KlTSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brown, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City of Bremerton and Kitsap County Amendment Number 4 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Garst Vicinity TIP CONSTRUCTION COSTS eolllor Il1nlmum ONion Coellor CurNIII ONion TYPO u. II." SPEC NO. DESCRlPTlON UNIT UNIT COST QUAHTlTY TOT AI. COST QUANTITY TOT AI. COST WOlllC INlllDli ITAT&RlOHT OlIWAY STORllllEWllR 8TO SOUO WI>IJ. PVC STORllIlEWER PI'E 12 IN, OWL LF. $50.00 660 531000.00 660 Sll 000.00 9TO SOlID WI>IJ. FVC STORM IlEWER PIPe lBlN. OWL LF. 1eO.00 m 131010.00 311 SlIOlO.oo 8TO SOUD WAll. FVO STOIlM sewER PIPl! 2' IN. OIAM, LF. $95.00 l.l' n4605.OO ~ nu05.oo 9TO SOlJD WAll. FVO 8TORM sewER PIPe 30 IN. OJNoI. LF. 5105.00 C60 $I 00.00 50.00 9TO 1N8TAll. CITY !lUPPUED 8TORM IlEWER PIPe qlN. 0iAM. LF. 5100.00 50.00 C60 $16.000.00 STO OONNECTION TO 0RAr;AQ. STRUCTUFU! EACH S4OO.OO 2 $100.00 2 5100.00 8TO CATCH BASIN TYPE I EACH 51.000.00 , $9 000.00 1 U.OOO.OO 8TO CATCH BASIN TYPe 2"'~, DIAM. EACH ~400.00 I $1....00 1 "-400.00 8TO CATCH BASIN TYPe 2 6-C IN. OIAM. EACH $I.500.Dil 2 59.000.00 50.00 8TD CATCH BASIN TYPe 2 so IN. OWL EACH 54 100.00 2 suoo.oo I $11300.00 STO CATCH BASIN TYPe 2 nlN. OWL eACH $1400.00 50.00 , W 600.00 no TEIlT1Ml STOIlM 8EWER PIPE LP. U.OO \.197 $901.00 1.197 59 485.00 OTHER ITEMS STRUCTURE EXCAVATION Cl..A8S B 1NCl. HAUL C.Y. S25.00 1451 130115.00 I,m $I] 075.00 SHORING 9.F. SI.OO I.m 51 853.00 l.ul 13.1$3.00 GRAVEL IlACKF1U. FOR PIPE ZONE BEDDWO c.Y. $ZD.OO .00 nooo.oo 100 ., 000.00 BANK RUN ORAVEL FOR TRENCH BACKF1U. O.Y. S1O.00 561 S7 261.00 ClI $1615.00 PLUOOlNG EXlBTINO PFE EACH SIOO.OO I 5100.00 I SSOO.OO CONTAMINATED OROUNDWATER OlSPOSAl. E8T. SI.OO 1 SI.OO 1 $1.00 CONTAMINATED SOIL EXCAIIAllON ilia.. HAUL E8T. 51.00 I $1.00 I 51.00 MINOR CHANGE c.II.c. 51.00 I 51.00 I 51.00 9ublolll uao 81e.oo S25lI.3II1.00 lIIIIo _19011 TIXI ce.n. SIO.Il32.IIlI $21 957.le Ta1II 12lI<l44ll.llll $277 .27lJ.18 WORK OUTSIDE STATE 1l10HT OF WAY 8TORM saYIiIl 8TO souo WAll. PVC STORM SEwER PlPE 8 IN. ClAM LF. $4D.00 lU $IB20.00 1Il $11320.00 sm SCUD WAll. FVO STORM SEWER PIPe 12 IN. DIAM. LF. $60.00 1,240 562.000.00 1.2<0 5" 000.00 STD SOUD WAll. FVO STORI.ISEWER PIPE IS IN. DIAAI. LF. 555.00 I" 510120.00 SO.OO 8TO SOLID WAlL PlIO STORM SEWER PIPE 18 IN. 01_ LF. S6D.00 21$ 517100.00 ... 521 1-'0.00 9TO SOUO WAlL PVC STORIolIlEWER PIPE 24 IN. OWL LF. S95.OO \71 516.2AI.00 J7\ S16241.OO STO SOLD WAlL FVO STORM SEwER PIPE 30 IN. ClAM. LF. $1 os. 00 m 5]741$.00 SG.OO 9TO SCHEOULE A STORM SEWCR PIPE 48 IN. lltAl.I. LF. $130.00 SG.OO 357 $I" 410.00 CONNECTlON TO DRAINAGE STRUCTUFU! EACH S4OO.00 ] 51.100.00 I 51.200.00 9TO CATCH BASIN TYPE 40 EACH ~OO.OO 2 $I aoo.oo 2 51 800.00 STD CATCH BASIN TYPE I EACH $1 000.00 I' SI7OOO.00 17 S17.000.00 STO CATCH BASIN TYPE 2.., IN. DIAM. eACH ~.OO I $1 200.00 I 57200.00 9TO CATCH BASIN TYPE 2 MIN. DIAM. eACH $4 1iDO.00 1 51].soo.00 SO.OO STD CATCH BASIN TYPe 2 eo IN. DIAM. eACH $4100.00 I 54 100.00 SO.OO 9TO CATCH SASIN TYPE 2 nlN. OlNol. eACH $4 100.00 50.00 4 516 400.00 9TO TESnNCl STORM 80WCA PIPE LF. $5.00 13$0 sJ>:7'0.00 13$0 51>750.00 OTHER ilEUS STRUCTURE EXCAVATION OtASS B 1NCl. HAUL c.Y. $25.00 :l,162 534 050.00 2.>30 563 350.00 SHOIlINO $.F. $1.00 )$17 51 sn.oo 1,$17 $]597.00 GRAVEL BACKFIlL FOR PIPE ZONE SEODING C.Y. S20.00 100 S2..000.00 100 $2.000.00 BANK RUN GRAVEL FOR TRENCH BACKFill O.Y. 520.00 541 SIO 110.00 ,~ Sli670.00 OONTMIINATCO OROUNDWATER DISPOSAl. EST. tl.OO 1 $1.00 1 51.00 CONTAMINATED SOIL eXCAVATION INCL HAUL .ST. $1.00 I $1.00 1 $1.00 WOOD STAVE PIP. REMOVAL LF. $100 600 5 I 200.00 600 SPOll.OO MINOR CHANGE CALc. $1.00 \' SI.OO I 51.00 SuIltolal $284 680.00 $304 485.00 ALTERNATE Bill ileus 36 INCH OUTFALL REPAIRSANO UNINQ L.S. $107.400.00 I 5107400.00 I SI07,400.00 26 INCH OUTFALL REPAiRS AND LINING L9. $81 900.00 I $11 600.00 I $81600.00 30 INCH OUTFALL REPAIRS ANO LINING La. S84.ll00.00 I $84 00.00 I $84300.00 Sal. Ralag Sail T.. (u%! 523 521.00 523 521.00 Sublalol S297021.00 $297,021.00 TOTALS $581,701.00 $801,501.00 COUNTY SHARE . CURRENT. MINIMUM S878,778.18 $832,148.88 $46,629..20 .....""'''' c..r..J~J-btJ.,.J"l/'" MJQ.I: >>.-,Y"/"""""",_ I<{' Irk;JJ,JfII1t EXHIBIT B SCOPE OF WORK - STORM SYSTEM IN CHARLESTON BEACH ROAD Work to be included into the Navy Yard Highway Phase of the SR3/SR304 T.I.P., is the upsizing of the existing stonn system within Charleston Beach Road to accommodate the stonn flows from the Navy Yard City Regional Stonnwater Improvements Project (NYCRSIP). The up sizing will require the use of 36 and 42 inch stonn lines with 54 and 60 inch Type II catch basins from the current design of 18 and 24 stonn lines with Type I and 48 inch Type II catch basins. This work is shown in greater detail on Pages PI through P15 of the Plan Set for the project. Specifications are in accordance with the 2006 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction, and as amended in the Special Provisions section of the Contract Documents. City of Bremerton and Kitsap County Amendment Number 4 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP AMENDMENT H INTERLOCAL AGREEMENT Kitsap County Agreement No. KC 1 05-97 City Agreement No. 3829 THIS AMENDMENT NUMBER C (3) to the Interlocal Agreement between the City of Bremerton, (hereinafter referred to as "CITY") and Kitsap County (Hereinafter referred to as "COUNTY"), made and entered into this day of , 2007. WHEREAS, the CITY and COUNTY entered into an Interlocal Agreement pursuant to Chapter 39.34 RCW (Interlocal Cooperation Act) on June, 16, 1997, to facilitate the development of improved access between the Bremerton Ferry Terminal and Gorst as described in the Final Environmental Impact Statement entitled, "SR3/304 Bremerton Ferry Terminal to the Vicinity of Gorst Highway Improvement Project" (hereinafter referred to as "PROJECT"); and WHEREAS, the CITY is planning the construction or improvement of a section of SR 304, and in connection therewith, the COUNTY has requested that the CITY perform certain work as herein described, and WHEREAS, it is deemed to be in the best interest for the CITY to include the necessary items of work in the CITY's construction contract proposed for the improvement of this section of the PROJECT, and WHEREAS, the COUNTY is obligated for the cost of work described herein. NOW THEREFORE, by virtue of Chapter 39.34 RCW (Interlocal Cooperation Act) and in consideration of the terms, conditions, covenants, and performances contained herein, or attached and incorporated and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: I GENERAL The CITY, as agent acting for and on behalf of the COUNTY, agrees to perform the following "Description of Work": Plans, specifications and cost estimates shall be prepared by the COUNTY in accordance with the current State of Washington Standard Specifications for Road, Bridge, and Municipal Construction, and amendments thereto, and adopted design standards, unless otherwise noted for the sanitary sewer work. The CITY will incorporate the plans and specifications into the CITY's project and thereafter advertise the resulting project for bid and, assuming bids are received and contract is awarded, administer the contract. A scope of work is included as Exhibit "B". The COUNTY may, if it desires, furnish an inspector on the project. Any cost for such inspection will be borne solely by the COUNTY. All contact between said inspector and the CITY's contractor shall be through the CITY's representative. City af Bremertan and Kitsap Caunty Amendment Number 3 ta Inter/acal Agreement SR3/SR304 Bremertan Ferry Terminal ta Garst Vicinity TIP The COUNTY agrees, upon satisfactory completion of the work involved, to deliver a letter of acceptance to the CITY, which shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work for the sanitary sewer work under this AGREEMENT. If a letter of acceptance is not received by the CITY within 90 days following completion of the sanitary sewer work, the work will be considered accepted by the COUNTY and shall release the CITY from all future claims and demands of any nature resulting from the performance of the work under this AGREEMENT. The COUNTY may withhold this acceptance of sanitary sewer work by submitting written notification to the CITY within the 90-day period. This notification shall include the reasons for withholding the acceptance. In the event that any damage is discovered or is incurred after acceptance of the work and to the extent that such damage is to the COUNTY'S facilities or is alleged to be caused by the COUNTY'S facilities under this AGREEMENT, then the CITY agrees to execute a general assignment of its claims against he project prime contractor so that the COUNTY may pursue any claims or causes of action that the CITY may have against its prime contractor for the damages mentioned herein. The CITY shall ensure that all contracts related to the completion ofthis project include a comprehensive indemnification clause holding harmless the CITY and COUNTY. The CITY shall also ensure that liability related to its general contractor is appropriately covered by insurance and that said insurance coverage include and name the COUNTY as an additional insured. II PAYMENT The COUNTY, in consideration of the faithful performance of the work to be done by the CITY, agrees to reimburse the CITY for the actual direct and related indirect cost of the work. An itemized estimate of cost for work to be performed by the CITY at the COUNTY's expense is marked Exhibit "A", and is attached hereto and by this reference made a part of the AGREEMENT. Partial payments shall be made by the COUNTY, upon request of the CITY, to cover costs incurred. These payments are not to be more frequent than one (1) per montl).. It is agreed that any such partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of the final audit, all required adjustments will be made and reflected in a final payment. The COUNTY agrees to make payment for the sanitary sewer work to be done by the CITY within thirty (30) days from receipt of billing from the CITY. City of Bremerton and Kitsap County Amendment Number 3 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP The COUNTY agrees that if payment for the sanitary sewer work is not made within ninety (90) days after receipt of billing the CITY shall assess a penalty of 10% on all amounts outstanding until payment for the work is received by the CITY. The COUNTY agrees to pay the CITY an "Advance Payment Amount" of $80,000 within 20 days after the CITY submits its first partial payment request to the COUNTY. The advance payment represents approximately fifteen (15) percent of the estimate of cost and covers costs incurred by the CITY in the initial stages of the project. The advance payment will be carried throughout the life of the project with final adjustment made in the final payment. Upon completion of the work outlined herein, all future operation and maintenance of the COUNTY's facilities shall be at the sole cost of the COUNTY and without expense to the CITY. ill DELETION OF WORK In the event the estimate of cost, EXHIBIT "A", is in excess of $20,000 and the total actual bid prices for the work covered by this AGREEMENT exceeds the estimate of costs by more than 15 percent, the COUNTY shall have the option of directing the CITY to delete all or a portion of the work covered by this AGREEMENT from the CITY's contract. Except, that this provision shall be null and void if the COUNTY's portion ofthe work exceeds 20 percent of the actual total contract bid price, or if the COUNTY is responsible for the costs under State law or the Washington Administrative Code WAC 468-18-040(5)( d). The COUNTY shall have five (5) working days from the date of written notification to inform the CITY to delete the work. Should the COUNTY exercise its option to delete the work, the COUNTY agrees, upon billing by the CITY, to reimburse the CITY for preliminary engineering costs incurred by the CITY to include the work covered by this AGREEMENT in the CITY's contract. IV EXTRA WORK In the event unforeseen conditions require an increase in the cost of 25 percent or more from that agreed to on Exhibit "A", this AGREEMENT will be modified by a supplement AGREEMENT covering said increase. In the event it is determined that any change from the description of work contained in the AGREEMENT is required, approval must by secured from the COUNTY prior to the beginning of such work. Where the change is substantial, written approval must be secured. Reimbursement for increased work and/or a substantial change in the description of work shall be limited to costs covered by a written modification, change order or extra work order approved by the COUNTY. City of Bremerton and Kitsap County Amendment Number 3 to Interloeal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP V RIGHT OF ENTRY The COUNTY hereby grants and conveys to the CITY the right of entry upon all land which the COUNTY has interest, within or adjacent to the right of way of the highway, for the purpose of constructing said improvements. VI VENUE In the event that any party deems it necessary to institute legal action or proceedings to enforce any right of obligation under this AGREEMENT, the parties hereto agree that any such action or proceedings shall be brought in a court of competent jurisdiction situated in Kitsap County, Washington. VII LEGAL RELATIONS No liability shall attach to the CITY or the COUNTY by reason of entering into this AGREEMENT except as expressly provided herein. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT NUMBER as of the day and year first above written. CITY OF BREMERTON: Cary Bozeman, Mayor Date ATTEST: Paula Johnston, City Clerk Date APPROVED AS TO FORM: Roger Lubovich, City Attorney Date City of Bremerton and Kitsap County Amendment Number 3 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP DEPARTMENTAL APPROVAL: Laura Lyon, Finance Director Date Phil Williams, Director ofP.\V. & u. Date City of Bremerton and Kitsap County Amendment Number 3 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP BOARD OF COMMISSIONERS KITSAP COUNTY, WASHINGTON Chris Endresen, Chair Date J an Angel, Commissioner Date Josh Brown, Commissioner Date ATTEST: Opal Robertson, Clerk of the Board Date City of Bremerton and Kitsap County Amendment Number 3 to Inter/oeal Agreement SR3/SR304 Bremerton Ferry Terminal to Garst Vicinity TIP CONSTRUCTION COSTS SANITARY SEWER WORK FOR K1TSAP COUNTY SANITARY SEWER MOBILIZATION L.S. 1 S 35 000.00 $35000. PVC SANITARY SEWER PIPE 8-ln OIAM. L.F. 1,193 $ 80.00 S95 440. PVC SANITARY SEWER PIPE 12-in DIAM. L.F. 1475 $ 90.00 $132..750. PVC SANITARY SEWER PIPE 18-1n DIAM. L.F. 103 $ 100.00 $1~ SIDE SEWER CONNECTION. 6-1n PVC BElWEEN MAIN AND PROPE L.F. 494 $ 130.00 $64 . SIDE SEWER CONNECTION 8-In PVC BElWEEN MAIN AND PROPE L.F. 33 $ 100.00 $3,300. SIDE SEWER CONNECTION 4-in PVC. OPEN TRENCH ON PRIVATE L.F. 110 $ 120.00 $13,200. TESTING SEWER PIPE. L.F. 3~89 $ 5.00 $16.945. POTHOLE SIDE SEWER EACH 46 $ 500.00 $23 000. SEWER CLEANOUT EACH 26 $ 250.00 $6.500.0 TEMPORARY SEWAGE BYPASS PUMPING L.S. 1 $ 15000.00 $15000. MANHOLE 48 IN. OIAM. TYPE 3 EACH 11 S 5,000.00 $55.000. STRUCTURE EXCAVATION CLASS B C.Y. 3.250 $ 25.00 581.250. STRUCruRE EXCAVATION CLASS B INCL. HAUL C.Y. 500 $ 25.00 $12 500. SHORING OR EXTRA EXCAVATION ClASS B S.F. 25.523 $ 1.00 $25.523. BANK RUN GRAVEL FOR TRENCH BACKFILL C.Y. 257 $ 20.00 S5 140. PLUG EXISTING PIPE EACH 20 $ 100.00 $2.000. UNSUITABLE FOUNDATION EXCAVATION INCL. HAUL C.Y. 51 $ 20.00 $1-()20_ ADJUST EXISTING MANHOLE EACH 1 $ 350.00 ADJUST EXISTING MANHOLE - NON-STANDARD EACH 1 $ 900_00 $900. REMOVE EXISTING MANHOLE EACH 16 $ 250.00 $4.000. WOOD STAVE PIPE REMOVAl L.F. 600 IS 2.00 .$1200. Subtotal $604.538.00 State Retail Sale Tax (8.6% $51..990.27 Sub-Total -~.,- ..... ConstNctton Contlnaency 5"-' S32.828A1 I . Grand Total $689,354.68 I Kil<qp c-.y c.-tIorfw,dfl- Dld~fOr u. JO#: Na.y Ytud HigbMry I'ft4u l6yD. Zt1II1 EXHIBIT B SCOPE OF WORK - SANITARY SYSTEM IN CHARLESTON BEACH ROAD Work to be included into the Navy Yard Highway Phase ofthe SR3/SR304 T.I.P., is the replacement of an existing 8-inch sanitary main located in Charleston Beach Road. The replacement would consist of placing approximately 93 feet of new I8-inch and 2,658 feet of new 8-inch sanitary main, 11 manholes, repairing/replacing the lateral connections and abandoning the existing 8-inch main. This work is shown in greater detail on Pages S 1 through S9 of the Plan Set for the project. Specifications are in accordance with the 2006 Washington State Department of Transportation Standard Specifications for Road, Bridge and Municipal Construction, and as amended in the Special Provisions section of the Contract Documents. City of Bremerton and Kitsap County Amendment Number 3 to Interlocal Agreement SR3/SR304 Bremerton Ferry Terminal to Gorst Vicinity TIP