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Home My WebLink About03/05/2008 AGENDA FILE CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280 March 5, 2008 CITY Co.UNCIL MEETING AGENDA 1. PRE-Co.UNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A . General CounCil Business 2. CALL TO. ORDER: 5:30 P.M. in FIRST FLOo.R CHAMBERS A Pledge of Allegiance B. Invocation 3. MA yo.R'S REPORT A . Recognition of BREMER TON FOODLlNE Director & Board President B. Update on KITSA Projects - Council Member Mike Shepherd 4. PUBLIC RECo.GNITION & ANNo.UNCEMENTS ,- .' . 5. Co.NSENT AGENDA A Claims & Check Register (#AB08-042) B. Minutes of Meeting - February 20, 2008 (#AB08-043) C. Minutes of Meeting.... February 27,2008 (#AB08-044) D. Interlocal Agreement regarding Waterborne Incidents in Kitsap County (#AB08-045) E. Amendment to Interlocal Agreement between South Kitsap Fire & Rescue (SKFR) and the City of Bremerton regarding exchange of First Response Fire Protection and EMS Services (#AB08-046) F. Purchase of Excess Liability, Excess Workers' Compensation, and Crime Insurance (#AB08-047) G. Ordinance No. 5042, amending Chapter 2.26 of the Bremerton Municipal Code relating to Emergency Management Organization (#AB08-048) H. Award Contract for Waste Water Treatment Plant (WWTP) Wet Weather Facilities Upgrade to PEASE & SONS, INC. (#AB08-049) 0 I. Resolution No. 3049, relating to the Gorst and West Bremerton Urban Growth Areas (UGAs) (#AB08-050) J. Real Estate Purchase and Sale Agreement with Earnest Money Provision with the Bremerton Area Chamber of Commerce (#AB08-051) 6. GENERAL BUSINESS A . Ordinance No. 5041, amending Chapter 13.08 of the Bremerton Municipal Code titled "Watercraft on Kitsap Lake" (#AB08-052) 7. COUNCIL MEMBER REPORTS 8. ADJo.URNMENT o.F CITY COUNCIL BUSINESS MEETING 9. STUDY SESSION: The Council will reconvene in Co.UNCIL Co.NFERENCE ROOM 603 for a fOllow:"up .on the February 22 & 23 Council Retreat and General Council Business I 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 ttlJ!(12 D /e;,,,) r~d v~ .(( \\stt' 1 DATE SUBMITTED: 3/512008 BILL # AB08-042 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5A ............................................................................................ SUBJECT: Committee Meeting Date: COUNCIL MEETING Date: March S, 2008 Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 Claims & Check Register SUMMARY: Consent Agenda item. Approval of checks and electronic fund transfers. A TTACHMENTS: Check Register. FISCAL IMPACTS (Include Budgeted Amount): APPRO V ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: '0f ~'.L:' ) '/. / ~."':::2. .. :72-~ . ....~ .~ CONSENT AGENDA ~ GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: 1) Check #'s 322980 through 323130 and EFT's 7699 through 7711 in the amount of$412,822.18. COUNCIL ACTION: I2?J Approve 0 Deny 0 Table o Continue 0 No Action DATI'; SUBI'vIITTED: J.( ~'?>/o~ BILL Ii -----Q-8-~Q13 58 AGENDA BILL CITY OF BREMERTON CITY COUNCIL · · II a.. 1:1 II II iii iii II · IS II II II.. II II II . II II . II . II II . . II II II . II D .. II . . II II a II a II ID II 1:1 . . a at II . .. . . a a II II . II a II' II II . II II III R II II If IS II a a II II II II II . I COlllmittee Ivlceting Date: N/ A COUNCIL J'vIEETING Date: <<la.rd 5, ~oc9 Department: City Council Presenter: Wil] Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held F~vtA..a..r'( ;;;2.0 J ::l.oo <0 SIJB.JECT: City COllllcil iVfeeting Minutes for meeting of f~brQa..r1 :201 Joo 8 ATTACHMENTS: Meeting Minutes for F-Q...b('tA..~ry ;).0 I ~D [3 FISCAL IMPACTS (Include Budgeted Amount): N/A APPROV ALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A COMMITTEE CHAIR COUNCIL PRESIDENT: 12 ~~l~ CONSENT AGENDA [B'" GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: [J Approve D Ikny - . [] T:lble o Conlinuc [J No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 20, 2008 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, February 20, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Council Member Mike Shepherd was absent. Also present were City Attorney Roger Lubovich; Deputy City Clerk Cherie Henry; and Council Assistant Christine Grenier. The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation provided by Ethvl Mae Nelson, Associate in Ministry, for the Evangelical Lutheran Church. President Maupin announced that prior to the meeting, a Pre-Council Session was held to discuss General Council Business. MAYOR'S REPORT President Maupin announced that the Mayor recently had back surgery and should be back soon. PUBLIC RECOGNITION & ANNOUNCEMENTS Adam Brockus announced that the next District 3 Community Meeting will be held on Tuesday, February 26th from 7:00 to 8:30 PM at the Bremerton Senior Center located at East 13th Street and Nipsic Avenue. Daryl Matheny from the Gold Mountain Golf Course will be the guest speaker. Don Larson announced that the Kitsap County Commissioners will be presenting a Certificate of Achievement to Eagle Scout John Galen for his project near the PSNS Missouri Gate; and the Washington State Department of Ecology will be hosting the next ENWEST Meeting on February 21 at 7:00 PM in the Karcher Creek Sewer District Office located at 2924 SE Lund Avenue in Port Orchard. Topics include a water quality study update of Dyes and Sinclair Inlets. CONSENT AGENDA A. Check Numbers 322690 through 322839; and EFT-7671 through EFT-7681 in the amount of $1,103,280.73 (#AB08-030) B. Minutes of Meeting - February 6,2008 (#AB08-031) C. Minutes of Meeting - February 13, 2008 (#AB08-032) D. Purchase of 4 vehicles (3 replacements and 1 addition) for the Fire Department (#AB08- 033) E. Purchase of 2 trucks for the Facilities Department (2008 Budgeted Item) (#AB08-,034) F. Resolution No. 3047, establishing a Hearing Date of April 2, 2008 to vacate a portion of 16th Street and Chester Avenue (#AB08-035) G. Ordinance No. 5040, amending Chapter 2.88 of the Bremerton Municipal Code relating to the Disability Action Committee (#AB08-036) H. Amendment NO.1 to the Interlocal Agreement for Legal Services relating to the Phase II National Pollutant Discharge Elimination System (NPDES) Permit Appeal (#AB08-037) City Council Reg. Mtg. Minutes Wednesday, February 20, 2008 Page 2 of 3 I. Approval of Agreement with SOREN NORTHWEST, INC. for Lobbying and Consulting Services (#AB08-038) J. Budget Adjustment for 2008 for a Department of Ecology Grant (#AB08-039) There were no questions or comments from the public... 05:39:48 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A"': RESOLUTION NO. 3048. ADOPTING THE 2008 - 2013 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN (#AB08-040): Mike Mecham, City Engineer, explained that the Six-- Year Transportation Improvement Program is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution and will be submitted to the Washington State Department of Transportation. This Transportation Improvement Program and Capital Improvement Program are consistent with Bremerton's Comprehensive Plan and new Non-Motorized Transportation Plan. Areas included in the plan are lower Wheaton Way; State Route 303; State Route 3 at 11 th Street and Warren Avenue; Wheaton Way at Magnuson Avenue; Pacific Avenue; Burwell Avenue at State Street; Bremerton Transportation Center Access; Park Avenue between 4th and 5th Streets; State Route 304 along Charleston Beach Road to intersection of State Route 3 and 304; Harlow Drive; Werner Road at Union Avenue; Arsenal and Patten Avenues; 13th Street to High Avenue; and Port Blakely. Don Larson stated that Tacoma Environmental Services has offered to sell the soil product Tagro at half price through the end of April. Will Maupin commented that this is a good offer; however, the tunnel project will not be completed in that time. Brad Gehrina asked if a traffic light for State and Burwell was included. Mr. Mecham answered that the item is included in the plan and that the Navy will be contributing ;. approximately $75,000 towards the purchase of the light. Mr. Gehrina requested clarification on the suggested projects. Mr. Mecham clarified that the projects involve improvements such as signals and pedestrian improvements. 05:54:09 M/S/C/U (Brockus/Wofford) Move to approve Resolution No. 3048, which approves the City's 2008-2013 Six-Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. COUNCIL MEMBER REPORTS Nick Wofford expressed concerns about apathy among citizens and the lack of attendance at neighborhood meetings. Adam Brockus was pleased with the good golfing weather in the past week. Brad Gehrina encouraged people to watch out for motorcycle riders who may be on the roads due to the nice weather. City Council Reg. Mtg. Minutes Wednesday, February 20, 2008 Page 3 of 3 Will Maupin attended the Kitsap Transit Board meeting yesterday and was pleased that there may be a new low-wake vessel ready for testing as early as next year; and emphasized the importance of the public to provide their feedback to the Council on the car tab issue. With no further business, President Maupin adjourned the Council Meeting at 6:03 PM. Council reconvened in the Council Conference Room for a STUDY SESSION to discuss "General Council Business". Prepared and Submitted by: ~- .& . CHRISTINE ~RENIE~ Council Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg A(;)<~NDA BILL / CiTY OF BREMERTON 5 C eIT'{ COUNCIL BILL If --_uQufl=__Qi1 DA'1 E SUBMITTED: ::lj~..t~/o.g, aa.........~........g........................D.....a.................................... Committee Meeting Date: N/ A COUNCIL MEETING Date: M o...~ 5, 0200 8- Department: City Council' Presenter: Will Maupin, Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting held Fe 6f\)..O..,ry J-7, 200g SUBJECT: City Council Meeting Minutes for meeting of 'f~ '0 Y"U.Rry d- 7 I J..oo g ATTACHMENTS: Meeting Minutes for F~J:)c(("Ul--0f ;;L 7/ ~oo ~ FISCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/ A MAYOR: N/A COMMITTEE CHAIR COUNCIL PRESIDENT: B ~ ~4/~ CONSENT AGENDA li?' GENERAL BUSINESS 0 PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve the Consent Agenda as present~d. CO(lNCIL ACTION: 0 Approve [] Deny rJ Table [J Continue [J No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, February 27,2008 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, February 27, 2008, at 5:30 PM, with Council President Will Maupin presiding. Council members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith. The Pledge of Allegiance was led by Council Member Brad Gehrinq followed by the invocation provided by Pastor Rick Beaudry of Calvary Chapel. President Maupin announced that a Pre-Council Session was held prior to the meeting to discuss General Council Business; which included a briefing on the "Solid Waste Management Plan"by Dean W. Boening, Solid Waste Planner with the Kitsap County Solid Waste Division. PUBLIC RECOGNITION & ANNOUNCEMENTS Roy Runyon invited citizens to attend a District 4 Neighborhood Meeting on Tuesday, March 4 at 5:30 PM to hear a presentation on the City's "Neighborhood Enhancement Program" by Marie Vila of the Department of Community Development in the Meeting Chambers. Mike Shepherd encouraged anyone interested in the discussing "Options for Tree Replacement at Evergreen Park"to attend the public meeting on Thursday, March 6 at 6:00 PM in the 4th Floor WSU Conference Room of the Norm Dicks Government Center Dianne Robinson announced a District 6 "Block Watch" meeting, which will be open to the public on Monday, March 3 at 7:00 PM in the residence at 1134 Hewitt Street with Community Resource Officer Andy Oakley presenting information on how to better communicate with the Police Department; and how to start a Block Watch Program. In addition, she sadly reported that the community lost an icon with the passing of Marie Grier, and that her service will be held Saturday, March 1 at 1 :00 PM at the Miller-Woodlawn Funeral Home. Jerry McDonald, a new resident of the Harborside Condominiums, expressed a concern about skateboarders and suggested that a skateboard park be provided on the west side of town. Don Larson provided a briefing on a very positive meeting held here yesterday by the non- profit group Kitsap Trees & Shoreline Association (KITSA) with the Navy, National Parks Service, Rivers Trails Conservation Assistance Community Outreach Technical Assistance Planner Bryan Bowden, and WSDOT Landscape Architect Bob Barnes to discuss "long-term" Sinclair Inlet Shoreline Enhancements. CONSENT AGENDA A. Check Numbers 322840 through 322979; and EFT-7682 through EFT-7698 in the amount of $1 ,677,276.84; Regular Payroll for the pay-period ending February 15, 2008 in the amount of $747,800.50; and Retiree Payroll for the pay-period ending February 29,2008 in the amount of $85,555.64 (#AB08-041) There were no questions or comments from the public... 05:45:12 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, February 27,2008 Page 2 of 2 With no further business, President Maupin adjourned the Council Meeting at 5:45 PM. The Council reconvened in the Council Conference Room for a STUDY SESSION to hear presentations on upcoming agenda items. ed and Submitted by: r ( L I SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WM:CE:ls:cg D/\TE SUB1VlITTED: 02-20..08 BILL # 08- 045 AGENDA lULL CITY OF BREMERTON CITY COUNCIL 5]) .m.em...ua.me..ae.aBs.......m..mam..aama...........m.gDD......nm...........a.m.a...sBmDI SUBJECT: Intcrlocal Agreement Regarding Waterborne Incidents Committee Meeting Date: 02-27-08 COUNCIL MEETING Date: 03-05-08 Department: Fire Presenter: Al Duke, Fire Chief Phone: 473-5380 SUl\'ThtIARY: This Interlocal Agreement is between 12 different agencies within Kitsap County to provide mutual aid upon request and as practicable by providing resources and personnel on a case- by-case basis. This includes all of the Fire Departments, along with various Police Departments and Tribal Agencies that have marine vessels. ATTACHMENTS: lnterlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEP AR TMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS D PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOl\'Il\JIENDED MOTION: Move to approve the Interlocal Agreement regarding Waterborne Incidents in Kitsap County and authorize the Mayor to finalize and execute the Agreement with substantially the same terms and conditions as presented. COUNC{L ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action INTERLOCAL AGREEMENT REGARDING WATERBORNE INCIDENTS IN KITSAP COUNTY AMONG 1. BAINBRIDGE ISLAND FIRE DEPARTMENT; 2. BREl\IIERTON FIRE DEP ARTl\1ENT; 3. CENTRAL KITSAP FIRE AND RESCUE; 4. NORTH KITSAP FIRE AND RESCUE; 5. POULSBO FIRE DEP ARTl\1ENT; 6. SOUTH KITSAP FIRE AND RESCUE; 7. BAINBRIDGE ISLAND POLICE DEPARTl\1ENTj 8. KITSAP COUNTY SHERIFF'S OFFICE; 9. PORT GAMBLE/S'KLALLAM TRIBAL POLICE; 10. PORT ORCHARD POLICE DEP ARTl\1ENT; 11. POULSBO POLICE DEP ARTl\1ENTj AND 12. SUQUAMISH TRIBAL POLICE DEPART.MENT THIS INTERLOCAL AGREE.MENT ("Agreement") is entered into among: Bainbridge Island Police Department, Kitsap County Sheriff's Office, Port Orchard Police Department, and Poulsbo Police Department, (hereafter collectively referred to as "Law Agencies"); and Bainbridge Island Fire Department, Bremerton Fire Department, Central Kitsap Fire and Rescue, North Kitsap Fire and Rescue, Poulsbo Fire Department, South Kitsap Fire and Rescue, (hereafter collectively referred to as "Fire Agencies"); and Port Gamble/S'Klallam Tribal Police, and Suquamish Tribal Police (hereafter collectively referred to as "Tribal Agencies"). All parties will also be collectively referred to generically as "Agencies" or "Parties", or singularly as "Agency" or "Party. Washington State's Interlocal Cooperation Act, RCW, Chapter 39.34, encourages governmental units to enter into agreements with one another on a basis of mutual advantage in order to make the most efficient use of their resources for the benefit of their respective constituents. It is acknowledged that some of the parties to this Agreement are governed by federal law, and to the extent federal law may be in conflict with Washington's Interlocal Cooperation Act, the provisions of federal law shall control. Kitsap County has large expanses of salt water bodies of water and salt water coast lines (hereinafter also simply referred to as "Response Area"). The Response Area encompasses Hood Canal, Sinclair Inlet, Port Washington Narrows, Port Orchard 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 1 of 19 Narrows, Rich Passage, Dyes Inlet, Liberty Bay, Port Gamble Bay, and all navigable waters in or bordering Kitsap County, and those immediately adjacent to Naval Base Kitsap at Bangor and Puget Sound Naval Shipyard, all as illustrated on "EXHIBIT A", which by this reference is incorporated herein and made a part hereof. Among the Agencies, the responsibility for responding to waterborne emergencies (also herein referred to as "Incident" or "Incidents") at any portion of the Response Area rests with the Agency within whose jurisdictional boundaries the Incident occurs. Often, when a waterborne emergency occurs, it is difficult to determine exactly which Agency has the responsibility to respond because jurisdictional boundaries on the water are not as distinct as on the land, and often, the Agency best suited to respond is not the Agency having jurisdictional responsibility for that portion of the Response Area where the Incident occurs. It is a common occurrence for emergency response agencies to call on one another for assistance under a general program called "automatic/mutual aid". It occurs daily on the land, and whenever practical on the water. -On land, some of the requests from one agency to another are automatically dispatched so the agency best able to respond, regardless of jurisdictional responsibility, is dispatched. It is the goal of this Agreement to establish automatic/mutual aid type cooperation among the Agencies, whereby the Agency closest to an Incident, and best able to initially respond, will be automatically dispatched to respond to that particular Incident. The Agency in whose jurisdiction the Incident occurred, however, would be responsible to coordinate and handle that portion of the response lasting beyond the first several hours. It is hoped this arrangement will increase the efficiencies and effectiveness of emergency responses to Incidents on the waters of Puget Sound located within and bordering Kitsap County. It is not the intent of this Agreement, however, to create a mutual aid agreement dealing only with substantial disasters as authorized in RCW 38.52.091, or to abrogate, supercede, or alter any other mutual aid agreement among the Agencies or any of them. At present, dealing with waterborne emergencies represents a small portion of the services provided by each Agency. Economies of scale, and greater efficiencies, could therefore be achieved if all Agencies work together to address and respond to such emergencies by dispatching the Agency best able to respond regardless of which Agency has primary jurisdictional responsibility. The United States Coast Guard (USCG) is the primary rescue organization for the navigable waters of Puget Sound. It is the goal of this Agreement to have the Fire Agencies, the Law Agencies, and the Tribal Agencies support each other in responding to those Incidents the USCG cannot timely respond to or those Incidents the USCG does not typically respond to, with available personnel and resources according to the provisions of this Agreement. 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 2 of 19 NOW THEREFORE, based on the foregoing recitals, and the promises and covenants of the parties hereinafter set forth, they agree as follows: 1. Effective Date. This Agreement shall be effective when a minimum of eight of the named Agencies have signed it, and shall remain in effect until canceled as hereinafter set forth. The additional Agencies named herein who do not initially sign it, shall become a part of the Agreement at such time when they execute it. Upon execution of the Agreement by an Agency, it shall send an original of its signature page to CENTRAL KITSAP FIRE & RESCUE, so that Agency may assemble and monitor an original of the executed Agreement. CENTRAL KITSAP FIRE & RESCUE shall keep all member Agencies appraised on an ongoing basis of the identities of the Agencies participating in this Agreement. An Agency may also terminate its participation under this Agreement, and as a result, have this Agreement terminate as to that Agency without causing termination of the Agreement as to the other Agencies as hereinafter set forth. shall: 2. Responsibilities: Each Fire Agency, Law Agency, and Tribal Agency (1) Assist any Agency, upon request and as practicable, by providing available resources and personnel on a case-by-case basis. Requests shall be directed to CENCOM verbally, or as established by pre-determined response lists for automatic dispatch to waterborne support Incidents as agreed to in writing by the involved Agencies; (2) Be responsible to coordinate and conclude any "long term" Incident response work in its jurisdictional waters that last beyond the initial several hours of response time. For example, such long term work might involve dealing with the aftermath of an oil spill or ongoing search and rescue efforts; (3) Inform the requesting Agency immediately if, for any reason, assistance cannot be rendered; and (3) Maintain operational control over its respective units (personnel and equipment) during any response, including the right to withdraw units committed to a waterborne Incident at any time. 3. Response Determination. Although each Agency shall strive to aid a requesting Agency in responding to an Incident, an Agency requested to respond into another Agency's jurisdictional response area shall make the determination, at any given time, and in its sole discretion, as to whether it possesses sufficient personnel and equipment to make the requested response without significantly jeopardizing its response obligations within its own jurisdictional area. Further, if an Agency does respond to an Incident in another Agency's jurisdictional response area, and if during that response, 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KlTSAP COUNTY Page 3 of 19 circumstances warrant termination of its response because of response needs in its own jurisdictional response area, it shall have the right to terminate its said response prior to resolution of the Incident. Any time an Agency requested to respond to an Incident in another Agency's jurisdictional response area determines it will be unable to make the response, or determines a response effort must be terminated prior to completion, it shall so notify the requesting Agency as soon as reasonably possible after determining it cannot respond or that its response must be terminated prior to completion. 4. No Reimbursement. All response aid described in this Agreement shall be provided on a non-reimbursable basis unless prior written agreement is obtained from the pertinent Agencies involved. Unless allowed in a separate written agreement executed by the pertinent Agencies, all Agencies hereby release and waive all claims against every other Agency, including that Agency's principals, agents, and employees, for compensation of any kind or nature regarding all services rendered (including all labor, fuel, materials and equipment involved) to the other as herein described. 5. Review. This Agreement shall be reviewed annually by each Agency to evaluate: its effectiveness; what modifications might be warranted; and to determine if it is in that Agency's best interests to continue as a participant. If an Agency determines Agreement modifications are warranted, it shall notify all other Agency's in writing of the modifications its seeks and the reasons therefore. The Agencies shall then work together in a cooperative effort to determine if this Agreement should be modified. 6. Cooperation I Disputes. The Agencies shall strive to cooperate with one another in all reasonable respects and at all reasonable times so the terms and spirit of this Agreement may be fully implemented for the benefit of all Agencies and their constituents. If any disputes arise among any Agencies regarding this Agreement and its implementation and/or interpretation, they shall both strive in good faith to settle all such disputes in a timely and reasonable manner at the lowest possible level, with each being mindful and reasonably accommodating of the interests and concerns of the other Agencies involved in the dispute. 7. Indemnification I Hold Harmless Provisions. Each Agency ("acting Agency") shall hold every other Agency ("non-acting Agency") harmless, and indemnify, and defend the non-acting Agencies, including their elected officials, officers, employees, and agents, from and against any and all suits, actions, claims, liability, damages, judgments, costs and expenses (including reasonable attorney's fees and costs) which result from or arise out of the acting Agency's sole negligence in connection with or incidental to the performance or non-performance of its response activities pursuant to this Agreement. 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 4 of 19 In the event more than one Agency is negligent in the performance or non- performance of its activities hereunder, each negligent Agency shall be liable for its contributory share of negligence as determined in any resulting legal action. As to any claims asserted against an Agency because of its conduct hereunder, such Agency expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees to the obligations imposed upon it to indemnify, defend, and hold harmless the other Agencies as provided in this Agreement. By executing this Agreement, each Agency acknowledges the foregoing waiver has been mutually negotiated. The provisions of this section shall survive the termination of this Agreement as to any Agency. 8. Limited Waiver of Sovereign Immunity. The Tribal Agencies voluntarily enter into a limited waiver of their respective sovereign immunity from suits arising from their respective actions or non-action pursuant to this Agreement, on the following terms and conditions: The Tribal Agencies consent to the jurisdiction of the United States District Court for the Western District of Washington at Tacoma. This waiver shall also apply to the provisions of section 6 of this Agreement. The provisions of this section shall survive the termination of this Agreement as to each Tribal Agency regarding its/their actions engaged in while it/they were a party to this Agreement. 9. Independent Contractor. In providing services under this Agreement, each Agency shall be deemed an independent contractor, and neither it or its officers, agents, or employees, shall be deemed employees of any other Agency for any purpose whatsoever. 10. No Third Party Benefits. This Agreement shall be for the sole benefit of the Agencies hereto, and nothing contained herein shall create a contractual relationship with, create a legal duty to, or create a cause of action in favor of, a third party against any Agency. 11. Amendments or Cancellation / Notice Provisions. This Agreement is subject to revision, modification, or cancellation in accordance with the following: A. Amendments. Requests by any Agency to amend this Agreement shall be forwarded by written notice to the other Agencies. The written notice shall set forth in particular the amendment( s) sought, and all reasons therefore. The Agencies shall then communicate with one another regarding acceptance, rejection, or modification to any requested amendments. Any amendments to this Agreement shall be deemed effective as of the final date all Agencies have signified their acceptance thereto in writing. 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 5 of 19 B. Cancellation of Participation. Any Agency may cancel its participation under this Agreement, and as a party to this Agreement, by submitting written notice of its decision to cancel at least 90 days in advance of the stated termination date to all other Agencies. The termination date set forth in the notice shall fall on the last day of the month stated in the notice, and on the termination date, the Agency submitting its notice shall cease to be a party to this Agreement. C. Notices. All notices referenced in this Agreement shall be in writing and sent by certified mail, return receipt requested, to each Agency at that Agency's address set forth below its signature line at the conclusion of this Agreement. An Agency may change the address at which it accepts notices by submitting written notice of its changed address to the other Agencies. 12. Financial Considerations. The Interlocal Cooperation Act requires the Agencies to establish how their joint undertaking shall be financed and what budget(s), if any, will be maintained therefore. In answer to that statutory directive, each Agency shall be solely responsible for its own costs incurred in carrying out the terms of this Agreement; no joint financial accounts or arrangements shall be established. Also, no joint budget shall be maintained regarding carrying out the terms of this Agreement. Each Agency shall make adequate provisions in its own agency budget for carrying out its obligations hereunder. 13. Management of Agreement. The Agencies will not establish any separate legal or administrative entity to manage or coordinate their activities under this Agreement. 14. Acquiring, Holding, & Disposing of Jointlv Acquired Property. The Interlocal Cooperation Act requires that the Agencies establish how property will be acquired, held, and ultimately disposed of. It is not anticipated they will jointly acquire any property, either real or personal, in carrying out the terms of this Agreement. The property of each Agency used in implementing this Agreement shall remain that Agency's sole property and remain under its sole control. If any Agencies do jointly acquire any property for the administration of this Agreement, prior to doing so, they shall reach written agreement as to what each will contribute to acquire the property, who shall be in charge of acquiring and managing the property, and how it will be held and ultimately disposed of at the time of this Agreement's termination. 15. Complete Agreement. This Agreement constitutes the full and complete agreement of the Agencies as to the matters contained herein. No other verbal or prior written understandings shall be provided with any legal effect whatsoever. 16. Reasonable Interpretation. For the reason that all Agencies have had ample opportunity to provide input for the preparation of this Agreement, it shall not be interpreted in favor of or against any Agency: it shall be provided a reasonable 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 6 of 19 interpretation to the end that its terms and intent may be fully and reasonably implemented. 17. Execution in Counteruarts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original, and all of which shall constitute but one and the same instrument. It is expected this Agreement will be signed in counterparts and so separate signature pages have been attached for each signing agency. 18. General Provisions. A. Severability. In the event any provisions of this Agreement are determined unenforceable, or otherwise invalid, by a tribunal of competent jurisdiction, the remaining provisions shall nevertheless remain in effect and continue to be enforceable, unless the primary purposes of this Agreement are rendered null by the provisions declared invalid. B. Governing Law and Venue. The laws of the State of Washington shall govern this Agreement. Venue for any legal action shall be in Kitsap County Superior Court, except for matters involving the Tribal Agencies, in which case the venue shall be with the United States District Court, Western District of Washington in Tacoma. C. Attornev's Fees. In the event of litigation regarding this Agreement, each Agency shall be responsible for its own legal fees and expenses, except as otherwise explicitly stated in this Agreement. D. Waiver of Breach. The waiver by an Agency of the breach of any provision of this Agreement by any other Agency shall not operate nor be construed as a waiver of any subsequent breach by such other Agency. E. Authorization to Sign / Contact Information. In signing this Agreement, each Agency representative signing on behalf of his or her Agency warrants he or she has received or obtained the legal authority to enter into this Agreement and to bind his or her Agency to the terms hereof. The correct mailing address, telephone number, and contact person for each Agency regarding matters pertaining to this Agreement are set forth directly after each Agency signature line at the conclusion of this Agreement. 19. Agreement to be Filed with County Auditor. Pursuant to RCW 39.34.040, this Agreement shall be filed with the Kitsap County Auditor by CENTRAL KITSAP FIRE & RESCUE as soon as reasonably practical after all Agencies have duly executed it. The filing party shall thereafter provide a fully conformed filed copy hereof to the other Agencies. 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 7 of 19 IN WITNESS WHEREOF, each Agency has signed this Agreement to evidence its consent to all terms hereof as of the date appearing by each Agency's signature: BAINBRIDGE ISLAND FIRE DEPARTMENT by: Date: Print Name: FIRE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 8 of 19 CITY OF BREMERTON By: Cary Bozeman Its: Mayor DATE: ATTEST: By: Carol Etgen Its: City Clerk DATE: APPROVED AS TO FORM: Roger Lubovich, City Attorney 1022007 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 9 of 19 CENTRAL KITSAP FIRE & RESCUE by: Date: Print Name: FIRE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KlTSAP COUNTY Page 10 of 19 NORTH KITSAP FIRE & RESCUE by: Date: Print Name: FIRE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 11 of 19 POULSBO FIRE DEPARTMENT by: Date: Print Name: FIRE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 12 of 19 SOUTH KITSAP FIRE & RESCUE by: Date: Print Name: FIRE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 13 of 19 BAINBRIDGE ISLAND POLICE DEPARTMENT by: Date: Print Name: POLICE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 14 of 19 KITSAP COUNTY SHERIFF'S OFFICE by: Date: Print Name: SHERIFF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 15 of 19 PORT GAMBLE / S'KLALLAM TRIBAL POLICE by: Date: Print Name: POLICE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 16 of 19 PORT ORCHARD POLICE DEPARTMENT by: Date: Print Name: POLICE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 17 of 19 POULSBO POLICE DEPARTMENT by: Date: Print Name: POLICE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: 102207 INTERLOCAL AGREEMENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 18 of 19 SUQUAMISH TRIBAL POLICE DEPARTMENT by: Date: Print Name: POLICE CHIEF Address: Agency Phone Number: Contact Person: Contact Person's Phone Number(s): Contact Person's Position: FDI: MOD AGREE- Drop Boards- Water Borne Rescues 101107 102207 INTERLOCAL AGREEl\1ENT REGARDING RESPONSE TO SALTWATER INCIDENTS IN KITSAP COUNTY Page 19 of 19 EXHIBIT "A" DATE SUBMITTED: 02-20-08 BILL # 09-040 5e AGENDA HILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUHJECT: An amendment to the Interlocal Agreement between South Kitsap Fire & Rescue and the City of Bremerton regarding exchange of First Response Fire Protection and EMS Services Committee Meeting Date: 02-27-08 COUNCIL MEETING Date: 03-05-08 Department: Fire Presenter: Al Duke, Fire Chief Phone: 473-5381 SUMMARY: The Fire Department established an Interlocal Agreement with South Kitsap Fire & Rescue in April of 2007 to provide first response to Navy Yard City and Rocky Point. In exchange SKFR would provide first response to the Gold Mountain area. In January of 2008 the contract was re-evaluated in terms of compensation. Both parties have agreed to increase the service fees from $500.00 a call to $650.00 a call. A 1'1' ACHMENTS: Exhibit C - Amendment # 1 FISCAL IMPACTS (Include Budgeted Amount): The proposed increase would generate an additional $60,000 in revenue to correspond with $60,000 in expenditures. This will require a budget amendment to increase revenues and expenditures in 2008. " APPROVALS: ) DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: ~ CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENQED MOTION: : Move to approve the amendment to the Intcr/ocal Agrecment between the City of Bremerton and South Kitsap Fire & Rescue with a corresponding budget adjustment and authorize the Mayor to finalize and execute the Agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action EXHIBIT C AMENDMENT NO.1 TO INTERLOCAL AGREEMENT BETWEEN CITY OF BREMERTON & SOUTH KITSAP FIRE AND RESCUE REGARDING EXCHANGE OF FIRST RESPONSE FIRE PROTECTION & EMS SERVICES This Amendment specifically amends the Interlocal Agreement Between City of Bremerton & South Kitsap Fire and Rescue Regarding Exchange of First Response Fire Protection & EMS Services entered into between the City of Bremerton and South Kitsap Fire and Rescue on April 10, 2007. All provisions in the Agreement shall remain in full force and effect except as expressly modified by this document. For valuable consideration and by mutual consent of the parties, the modifications to the Agreement are as follows: Section 5 of the Agreement entitled Service Fees is hereby amended to read as follows: s. Service Fees. Each time a party acts as first responder into the jurisdictional service area of the other party, as identified in section 1 or 2 of this Agreement, regardless of the nature of the call, the responding party shall charge a fee to the other party of $650.00 for its services. On a quarterly basis, the parties shall meet and reach agreement on the number of first response calls each made into the service area of the other party as identified in sections 1 and 2 hereof. The parties shall use CenCom and their own Records Management System data to cooperatively determine the number of first response calls made by on party into the other's jurisdictional service area. The party who makes more calls into the other party's service area shall bill the other party at the rate of $650.00 for each "overage" call. For instance and by way of illustration, in a given quarter, if the City's fire department makes 98 first response calls into ROCKY POINT and NA VY YARD CITY, and South Kitsap Fire makes 7 first response calls into GOLD MOUNTAIN, the "overage calls" made by the City would be 92. Under these circumstances, the City would pay no fees to South Kitsap Fire, but South Kitsap Fire would pay the sum of $59,80ClOOto the City ($650 x 92 "overage" calls made by the City). AMENDMENT NO.1 TO INTERLOCAL AGREEMENT - 1 IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year indicated below. CITY OF BREMERTON SOUTH KIST AP FIRE AND RESCUE By: Cary Bozeman Its: Mayor By: David Gelsleichter Its: Board Chair DATE: DATE: ATTEST: By: Carol Etgen Its: City Clerk By: Wayne Senter Its: Fire Chief DATE: DATE: APPROVED AS TO FORM: ATTEST: Roger Lubovich, City Attorney By: Richard Gross Its: Board Secretary DATE: AMENDMENT NO.1 TO INTERLOCAL AGREEMENT - 2 Navy Yard Cityl RoclW Point Response Area Area 2005 2006 2007 (10 Months) TOTAL SKFR (By City) 2007 NYC 256 249 60 201 Rocky Point 136 157 32 108 Average TOTAL 392 406 92 309 401 400 Gold Mountain Q 303 City Received $151,550 Plus Transport Fees in 2007 for 303 responses 303 X $500 = $151,500 The Proposed increase of $150 would generate an additional $60,000 DATE SUBlvIllTLD: h:bru;lry] 1. 2()()f\ BILL It 08-047 ----._.~_._~~--~- AGENDA BILL CITY OF BREivlERTON CITY COUNCIL 5-r ..........................................m............................................. SlJBJECT: Purchase of Excess Liability, Excess Workers' Compensation, and Crime Insurance Committee Meeting Date: COUNCIL MEETING Date: Department: Presenter: Phone: February 27, 2008 March 5, 2008 Financial Services Peggy Lesser ,p~' 473-5302 SlJMMARY: The Bremerton Municipal Code authorizes the Risk Manager to bind insurance and then requires City Council approval t()f continuation of the bound coverage. Excess liability coverage has been bound with Illinois Union Insurance Company at an annual cost of $154,0 18. Excess workers' compensation insurance has been bound with Safety National Insurance Company for a deposit premium of $29,431.25. Crime insurance has been bound with Great American Insurance for $4,4 73 per year. A TT ACHMENTS: Insurance Binders FISCAL IMPACTS (Include Budgeted Amount): $481,722 was budgeted for all 2008 insurance premiums and bond costs. Renewal of these coverages will result in a favorable budget variance of approximately $80,000 for the insurance premium line item. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: I move to approve the continuation of the excess liability. excess workers' compensation, and crime insurance bound t(X 2008 t()r the City of Bremclion. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ;:;..} ", - "(' - t ~ '11 . 1 ,';'.; , -,~ " . .; t_,.; -'!\ ~ I ': . i ) "-1. ..11---, .....'., . 1 (: ,.. - ~. '-.,' Merle Shap~ro Thursday, January 24, 2008 BINDER Hs. lJanst Cucrnbs Willis of Seattle, Inc. 505 Union Station 505 Fifth Avenue South, Suite 200 Seattle, WA 98104 (206) 386-7912 Janet.coombs@willis.com RE: Insured's Name: City of Bremerton, WA 345 6th Street, Suite 600, Bremerton, WA 98337 Policy Number: PEP G2385983A We are pleased to bind coverage. conditions of the binder. The following outlines the terms and 1. Type of Insurance: Public Entity Retained Limits Policy Coverage General Liability on an Occurrence Basis excess of a A Retained Limit Coverage Automobile Liability on an Occurrence Basis excess of a B Retained Limit Coverage Public Officials and Employment Practices Liability on an C Occurrence Basis excess of a Retained Limit 2. Issuing Company: company) Illinois Union Insurance Company (A non-admitted Policy Term: February 1, 2008 - February 1, 2009 4 Limits of Insurance: Coverage A Ea(~h ()c,::ucr~:nl_:8 Lim-=-t ~:;5, O~~O, COO f~.(1(; rl~ rJ':.1 t~ ~." i'J im ;_ ~ :~; 11! I r::; C , Coverage B Coverage C 1:.:a<:::1;. Clild, Lirni~=- ~~~),(J(J(~, U\.J Agqr~qAt2 Li~it S5,OOG,G0G Retained Limit: Coverage C(::.'r~(~ ca 1. l ,.1 b ~ 2_ :. t y ~~:2 :: (~ I A Coverage B Coverage C i\ut:)nlobilc~ Liability $2.50,000 PubllC Officials $.250,000 $250,000 ~iabili ty Employment Practices Liabili ty 6. Treatment of Defense Costs (Allocated Loss Adjustment Expense): Coverage A Coverage B Coverage C Limits Insurance Included within Included '<Ii thin Included within of Retained Limit Included within Included within Included within 7. Policy Premium: $ 154,018 - TRIA Rejected - Signed Rejection received and on file 8. Commission: 0 9. Additional Policy Provisions: Policy Forms PE-1961lb PE-19610c Public Entity Retained Limits Policy- Declarations Common Conditions, Definitions, and Exclusions General Liability Coverage Part Automobile Liability Coverage Part Public Officials & EmployrH"?nt Practices LiabLli ty Coverage Part - Occurrence form PE-19609b PE-19608a PE-21938 Endorsements ,. : '..)r_.,-:~ ').L:'_~ ":^'_c''':';_ J :....:~ _:1 ~~,"::'_ Tf-{-1 '_1GrJ4d EI) 1 =. ld\:?r Ncej_''':':f-? L :. sc 1 C~S;J. 1:'2 ,+ ,-)j- rrerr'~~~_sm Il~3 ("v :; -) -: L ') i.:J ~~:<,~}. 1,.1:3 L '-,;, -=... f rCJJ.:l.3f:i . C - J. L r'~"'; .~oc~~cj F Li~, j r" r~1'_:(,L()ri.'::r:1 ~?(~~r:=(...:r. >>_1 t-:: - (" r-=> Page 2/5 !~S;-"-2l1 C 1 X's-JC9Gf LD-C~S23g XS-1G93e ALL-20::387 LD 2S93 PE-20859 PE-20732a CC-IE15 CC-IE15 CC-IE15 CC-IE15 10. TL2d(? ~)r Eco;l(xnic Sanctlor:s Er..dor.sernent Service cf Suit Endors~me~t Signature Erdorsement ';'lashington Sl1rplus Li"es Not, fication ,w"CE Producer Compensation Practices & Policies Washington Changes Nonrenevlal Boats Limited Sexual Abuse Coverage - $2,000,000 Sublimit - Claims-made Cancellation & 02/01/2006 Retro Date Deletion of Darn Exclusion (Ex,:luslon 20 of Common Conditions, Definitions & Exclusions) Amendatory Endorsement Fellow Officer wi th respect to Law Enforcement Activities Amendatory Endt - When Claim is Payable - .'iaiver of Prior Consent for Claims within the SIR Amend Definition of Claims Expense Delete "Failure to ArrestU Exclusion (Exclusion 8b of Common Conditions, Definitions & Exclusions) Amendatory Endorsement Duties Occurrence, Wrongful Act or Claim in the Event of Accident, Claims Handling: supervision by ACE Insured will self-administer claims with overall 11. Conditions: The Insurer hereby indicates the coverage described below. However, any obligations the Insurer may have under this indication are conditioned upon each of the following conditions having first been met: 1. If coveraCje remitt,,,d the recfc'i ves the is subseqw'?ntly hound by premium specified below to premium no later than close the Insurer, the Applicant has the Insurer so that the Insurer of business on the 30th from the dat0::: of tllis Bir:der or th~ Effect~ve Dati? of this poli,_-::y, 'tlhich~vt.::::r :_5 1a t~r. . .<if-.; ~ __ L ,.1']'::: '_ ,_,;_ ,~-:: r.~/:: +-:: .=-\cs F-i~bl~.,,~ Ef1t~ti/l.J'~'::;:S Cuntr-()l ./.Ti~_l \'r:ri': '/}.ltn t:h1::: 1_:i~Jl L'=" (J~::T,JeJ..r)D It)SS t.- Page 3/5 _L t C J .L:--: 1. -: CJ I lJ P $ ~), \l (] ,1; :3 P ~~.= .~ = ~. l_~'/, It)C r~i~.c:; ~~'~p(jr'.:-l:'==!-lt i~ trdining ,=t3 alJcc~c'd i.">_J by thA Ci.ty P'Jb-:"i(; r~ntiti f Er.(;JTlc;~ton Ri.sk I'/}andgc:c dr~d ACE 12. Notes: . Certificates of i~3Gr~nCe must be issued showing the dppropriate ~~t~ined Limit . . Copies of all certificates of Insurance must be sent to Insurance Company . Quarterly loss surrmaries must be sent to the ur.dersigned Public Entity Underwriter within 30 days of the end of each quarter. . Willis is responsible for all Surplus Lines Filings, Taxes and Fees. . Please provide a copy of the S;lrplus Lines License for the producer who is handling the filings. Premium is due within 30 days of inception date of policy. Check instructions: For Overnight Wire Instructions ?CE USA ACE American Insurance Company Chicago Regional Lockbox Mellon Bank West, NA 5505 N. Cumberland Ave. , Suite 301 3 Mellon Bank Center Chicago, 11 Acct. #093-8373 60656 ABA #043000261 Attn: Box 10678 Regular Mail EZ Pay Agents ,z\CE huerican Insurance Company Mellon Bank Dept. CH. 10678 Account # : 2216885 Palatine, 11 60055-0678 Company # : 2084 Wilmington Financial Center 1 Beaver Valley Road - Routing 1275, 3 East Wilmington, DE 19850 Please note that, if the policy is bound, as part of thE" insurance policy, che Insured '..-Jill have access to thE" EPL HELPLINE. The EPL HELPLINE is an interactive loss contrel acti7ity available to ACE UBA Public Officials Liability policyholders as part af their policies, as part of ACE USA P:::-cf'25slunal Pisk loss control 3f~;:-"'/i,:-=es. This activj_ry is a'1::J.ilabl.G to pelLey hol,j~~s at no 2dd~tlQ~al cost and tl~er~ ]_3 n0 r~quirerieGt th2t r- r\ 1- : !-:iC-:' t '; ,;; -:~: ',: '- ~- L '." r-. t,T -;- :,':;' J ~,. ~ '~ L "J L ~ I.... ;~ Trj ,j c,_~;='Lc...lcl. !j\~:G lfl j r~ I} ()F'A '~ r,~lquj a [.I ,'.In.s / i_f it .~0re ;_"]; j_:~(::<j ~~ }; at /,)1.1 ~'L- an"/ .1'~J. p ,~.> c~ l-~ ~J .'3 ~J (1 !~,j'!k:,j :sur,,:,,:} ii.uS ~./icld[c") U.S~ .':;.:1. r 7" .'is .;.<..1 (,t:~ ] Page 4/5 Sl)0:C irJ .Il}! te~d Nati'..-!j-;al [' i.31l>_>~~ed Pt--::1.'S(;[~, as ic"'lent ified ty OF~AC, ive r,,--~}se(~./e t,;"?2 right to ;./j_chdr~:-v' t:.11is quot:e at a:J~/ tline [JrlOr to b.inding. B.eqards, Merle Shapiro, ARM ACE INA Excess & Surplus Insllrance Services, Inc. ACE Public Entity 415-547-4589 Christopher Christ ACE INA Excess and Surplus Insurance Services, Inc. ACE Professional Risk 415-547-4443 455 Market Street, Suite 520 San Francisco, CA 94105 CA Agency License No. 0594384 Page 5/5 SAFETY NATIONAL CASUALTY CORPORATION EXCESS WORKERS COMPENSATION INSURANCE BINDER NAME INSURED EMPLOYER ADDRESS POLICY NUMBER: TYPE OF INSURANCE LOCATION(S): POLICY LIABILITY PERIOD: CITY OF BREMERTON 345 6TH STREET. SUITE 600, BREMERTON. WA 98337 SP -2D15-WA Specific Excess Workers' Compensation and Employers' Liability Insurance WASHINGTON February 1, 2008 through February 1. 2009 This is to certify that the above named Insured Employer is covered by Specific Excess Workers' Compensation and Employers' Liability Insurance by the CORPORATION. Self-Insured Retention Per Occurrence for USL&H and Maritime Self-Insured Retention Per Occurrence for All Other $ $ $ $ 750,000 350,000 STATUTORY Maximum Limit of Indemnity Per Occurrence Employers' Liability Maximum Limit of Indemnity Per Occurrence 1,000,000 Premium Rate $0.049 Per Manhour Minimum Premium for the Liability Period $ 34,625 Deposit Premium for the Payroll Reporting Period , t:% '. L~ 5S IS /) C O...,,_tY~) 5 S'I o-J $ 34,625 \ I H - J l4" 19 J, I!!..:;: fI. do/.; il;J/, ,;).,:; This binder is effective February 1. 2008 to policy issuance and is subject to all the terms and conditions of, and shall be automatically terminated and superseded by, the Excess Workers' Compensation Agreement and Employers' Liability Insurance Agreement when issued. Issued at St. Louis, Missouri, on January 24, 2008. SAFETY NATIONAL CASUALTY CORPORATION ~ R.. 71~ By Gene R Maier, Senior Vice President of Underwriting 2043 Woodland Parkway Suite 200 St. Louis MO 63146 314-995-5300 fax 314-995-3843 XWC 1004 00 1101 Endorsement Schedule RE: CITY OF BREMERTON Policy No: SP -2D15-WA Effective Date: 12:01 A.M. February 1, 2008 Number Title XWC 0042 001291 WASHINGTON AMENDATORY ENDORSEMENT XWC 0057000492 WASHINGTON CANCELLATION ENDORSEMENT XWC 006700 0492 WASHINGTON SELF INSURER ENDORSEMENT XWC 0068 00 0492 WASHINGTON SERVICE AND ADMINISTRATION ENDORSEMENT XWC 0241020196 INCIDENTAL LONGSHOREMEN'S AND HARBOR WORKERS' COMPENSATION ACT COVERAGE ENDORSEMENT XWC 0276001291 BROAD FORM ALL STATES XWC 0293 00 0906 FOREIGN VOLUNTARY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY XWC 0454000697 MARITIME COVERAGE ENDORSEMENT (LIMITED TO A STATE BENEFIT) XWC 0535 00 0195 SELF-INSURED RETENTION PER OCCURRENCE - MARITIME OR JONES ACT XWC 0537 01 0105 SELF-INSURED RETENTION PER OCCURRENCE - U.S. LONGSHOREMEN'S AND HARBOR WORKER'S COMPENSATION ACT XWC 0823 00 0301 PREMIUM DUE DATE ENDORSEMENT XWC 106110 1207 POLICYHOLDER DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE G REA I)tlf J:R ICAN INSURANCE GROUP Fidelity & Crime Division January 24, 2008 Ms. Janet Coombs Willis of Seattle, Inc. 505 Fifth Ave. S, Suite 200 Seattle, WA 98104 Re: City of Bremerton Policy No: GVT 124-39-25 Dear Janet, Thank you for the order to bind! Please consider coverage bound per my quote letter dated 1/14/08. A summary follows: Named Insured: Effective: City of Bremerton 2/1/08 - 2/1/09 Coveraqe Form o - Public Employee Dishonesty w/Faithful Performance Limit Deductible $1,000,000 $25,000 I Annual Premium: $4,473 (net of commission) Thank you again for the order. Your policy and invoice will follow shortly. In the meantime, please feel free to contact me if have any questions or concerns. Sincerely, rr~ {l. ~A( Tyrone R. Bell Account Executive (860) 285-0112 Direct (513) 629-5000 eFax trbell (ruq a i c. co rtl www.C!"imelnsurance.com One Waterside Crossing, Windsor, CT 06095 "___L.__ _L 11__........__ 1:':___...;_1 r__.._ DATE SUBMITTED: February 11,2008 BILL II- oB-04B AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5~, ......................................................g................................. SUBJECT: Ordinance No. ~~ amending Chapter 2.26 BMC relating to Emergency Management Organization Committee Meeting Date: COUNCIL MEETING Date: Department: Presentcr: Phone: February 27,2008 March 5, 2008 City Attorney's Office Roger A. Lubovich 473-2345 SUMMARY: The proposed ordinance amends Chapter 2.26 of the Bremerton Municipal Code relating to emergency management to establish in the Code the Mayor's authority to issue a proclamation of emergency and allow for the utilization of certain emergency powers under certain circumstances and to terminate th~ proclamation of emergency when the emergency situation no longer exists. ATTACHMENTS: 1. Proposed Ordinance ~ 0 , 50 4l 2. Sample Proclamation of Emergency FISCAL IMPACTS (Include Budgeted Amount): None APPROV ALS: DEP ARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 =-.J COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to pass Ordinance No. 50{;), the Bremerton Municipal Code relating to emergency management. amending Chaptcr 2.26 of COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action ORDINANCE NO. 5 0 ~~ AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2.26 of the Bremerton Municipal Code entitled "Emergency Management Organization." WHEREAS, the City Council desires to amend the Bremerton Municipal Code in order to add provisions to Chapter 2.26 BMC relating to proclamations of emergencies and responding to emergencies in the City of Bremerton; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 2.26 of the Bremerton Municipal Code is hereby amended by adding a new section, Section 2.26.210 entitled "Mayors Proclamation of Emergency" to read as follows: 2.26.210 MAYORS PROCLAMATION OF EMERGENCY. (a) When unforeseen circumstances, beyond the control of the City, present an emergency or disaster as defined in the City of Bremerton' s Comprehensive Emergency Management Plan, RCW 38.52.0l0(6)(a), and/or other federal, state or local law, the Mayor, or in his or her absence, the Mayor Pro Tempore, or in both their absence, the next successor in line on the City Council, may issue a proclamation ("Mayor's Proclamation") that an emergency situation exists ("State of Emergency") which necessitates activation ofthe City of Bremerton's Comprehensive Emergency Management Plan, and the utilization of emergency powers granted pursuant to said plan, as well as Chapter 2.26 BMC, RCW 38.52.070(2) and other applicable federal, state and/or local laws. Upon such proclamation, the City departments are authorized to do the following: (1) In accordance with BMC 2.76.130, make purchases and enter into related contracts for material, equipment and services necessary and appropriate to address the emergency situation and the implementation of emergency protective measures without the necessity to follow the standard purchasing requirements outlined in Chapter 2.76 BMC; (2) Make purchases and enter into related contracts for material, equipment and services necessary and appropriate to address the e'mergency situation without utilization of competitive bidding requirements of Chapter 39.04 RCW; (3) To incur obligations necessary to combat such emergency situations to protect the health and safety of persons and property; (4) To exercise the powers vested under this proclamation in light of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements); (5) Provide appropriate assistance to the victims of such disaster; and (6) To take any other emergency protective measures deemed appropriate. 1 EOC Ordinance Chapter 2.26 (b) The use of the emergency powers granted in this section shall be in effect only so long as emergency protective :q1easures are deemed necessary to: (1) Eliminate or reduce any immediate threat to life, public health, or safety; or (2) Eliminate or reduce an immediate threat of significant damage to improved public property (and private property when it is in the best interest of the general public) through cost-effective measures. (c) Upon the conclusion of the event, the Mayor, or in his or her absence, the Mayor Pro Tempore, or in both their absence, the next successor in line on the City Council, will issue a declaration ("Mayor's Declaration") terminating the State of Emergency as declared in the , Mayor's Proclamation ending the event period. SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Legal\Legal\Ordinances\EOC Ordinance Chapter 2 26 BMC - Final.doc 2 EOC Ordinance Chapter 2.26 PROCLAMATION OF EMERGENCY City of Bremerton WHEREAS, beginning on (date), that (event) has occurred in the City ofBremerton, and WHEREAS, reported to the Office of the Mayor that this event has caused (director or other) has (list problems), and WHEREAS, these unforeseen circumstances demand immediate action to preserve the health, safety and welfare of the community, protect life, protect public property, or to provide relief as a result of such occurrence; and WHEREAS, BM absence, the Mayor Pro Tempore, the City Council, to issue the utilization of such emer THEREFORE, . ization of emergency e Emergency Management CW 38.52.070(2) and other WHEREAS, this constitutes an emergenc Bremerton's Comprehensive Emergency Management P Plan, RCW 38.52.01O(6)(a) and other applicable local, state WHEREAS, This emergency powers granted pursuant to City of Breme Plan and Emergency Operations Plan, a applicable local, state and/or federalla a rizes the Mayor, or in his or her hen absence, the next successor in line on de aring that an emergency exists allowing for r 0 respond to said emergency, NOW o THE CITY OF BREMERTON; WASHINGTON AS FOLLOWS: SECTION 1. That due to the aforesaid circumstances, an emergency exists in Bremerton. SECTION 2. That due to said proclaimed emergency, City departments are authorized to do the following: (a) In accordance with BMC 2.76.130, make purchases and enter into related contracts for material, equipment and services necessary and appropriate to address this emergency situation without utilization of the purchasing requirements of Chapter 2.76 BMC; (b) Make purchases and enter into related contracts for material, equipment and services necessary and appropriate to address this emergency situation without utilization of competitive bidding requirements of Chapter 39.04 RCW; (c) To incur obligations necessary to combat such emergency situations to protect the health and safety of persons and property; (d) Provide appropriate emergency assistance to the victims of such disaster; ( e) To exercise the powers vested under this proclamation in light of an extreme emergency situation without regard to time consuming procedures and formalities prescribed by law (excepting mandatory constitutional requirements); and (f) Take other action as appropriate. SECTION 3. That no guarantee is implied by the City of Bremerton's Comprehensive Emergency Management Plan and Emergency Operations Plan of a perfect emergency response system. As the City of Bremerton, assets and systems may be overwhelmed, the City of Bremerton can only endeavor to make every reasonable effort to respond based on the situation, and information and resources available at this time. Dated this day of ,20_. Approved as to Form: Cary Bozeman, Ma of Bremerton Roger A. Lubovich, City Attorney N OF EMERGENCY-Form. doc DA TE SUBMITTED: February 20, 2008 BILL # 09 - 049 ~I..( AGENDA BILL CITY OF BREMERTON CITY COUNCIL .........m.............................................................................. SLTBJECT: Award Contract for WWTP Wet Weather Facilities Upgrade to Pease & Sons, Inc. Committee Meeting Date: February 27,2008 COUNCIL MEETING Date: March 5, 2008 Department: PW &U Engineering Presenter: Michael Mecham Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Bremerton Sewer WWTP Wet Weather Facilities Upgrade" were opened on February 19,2008. The engineer's estimate for this project is $4,760,000. Five (5) bids were received for this project. Pease & Sons, Inc. was the lowest responsive, responsible bidder with a bid of$3,507,485.00 (including sales tax). The award is based on Preference One which includes the Base Bid and Additive Alternate Bid Items 1 and 2. This Contract will not be awarded until the EP A has approved the lowest responsive, responsible bidder. ATTACHMENTS: 1. Council Summary; 2. Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): Construction of this project is funded by a combination of grants and low interest loans. The grant is an EPA STAG grant for $1,746,000. The loans include two PWTF loans for $200,000 and $3,000,000, and a Department of Ecology SRF loan for $1,000,000. The budgeted amount for this project identified in the 2008 Budget is $5,000,000. COMMITTEE CHAIR COUNCIL PRESIDENT: ?~~~~.7 " CONSENT AGENDA GENERAL BUSINESS 0 PUBLIC HEARING 0 APPROVALS: DEPARTMENT DIRECTOR. CITY ATTORNEY: FINANCE DIRECTOR: MA YOR: RECOMMENDED MOTION: Move to award a contract in the amount of $3,507,485.00 (including 'sales tax) with Pease & Sons, Inc.for construction of the project titled "Bremerton Sewer WWTP Wet Weather Facilities Upgrade" and authorize the Mayor to finalize and execute the necessary contract documents for construction, subject to EP A approval. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action BREMERTON SEWER WWTP WET WEATHER FACILITIES UPGRADE CONTRACT AWARD COUNCIL SUMMARY Summary The City has advertised the WWTP Wet Weather Facilities Upgrade project for bids. The purpose of the WWTP Wet Weather Facilities Upgrade project is to address equipment redundancy and aging equipment needs to maintain continued reliable operations of the treatment plant. The City has already pre-purchased a 1.5 Megawatt emergency generator that will replace the existing generators. The project has the following elements: · Installation of new engine generator and associated electrical improvements · Installation of new sludge thickening equipment (Rotating Drum Thickeners) . Installation of a new dewatering centrifuge and pump system . Upgrade of the existing dewatering centrifuge · Installation of a new boiler · Installation of an air gap system to protect the potable water supply · Add Alternate 1 - Installation of a new headworks screen . Add Alternate 2 - Replacement of various hydraulic gates . Miscellaneous associated site work. Pease & Sons, Inc. was the low bidder at $3,507,485 (including sales tax). There were four other bids ranging from $3,591,299 to $4,756,931. The engineer's estimate for this project was $4,760,000. This award is based on Preference 1 which includes the Base Bid and Additive Alternates 1 and 2. The actual award of the project is contingent on EPA approval of the low bidder. The construction will be completed within 447 calendar days of Notice to Proceed. The estimated completion date is June 15, 2009. This project is included in the capital projects list for the current Wastewater Comprehensive Plan, and the CIP. Fiscal Summary The budgeted amount for this project identified in the adopted 2008 Budget is $5,000,000 and the total project budget is $5,946,000. Funding is provided through a combination of grants and loans which have all been executed as shown in the table below. Loan/Grant STAG Grant- PWTF- SRF - DOE PWTF- I n Hand In Hand In Hand In Hand Amount $1,746,000 $200,000 $1,000,000 $3,000,000 Loan Fee N/A N/A N/A N/A Match 71% 15% N/A 15% Required " Term N/A 20-Years 20- Years 20- Years Interest Rate N/A 0.5% 2.6% 0.5% Annual Debt N/A $10,500 $64,4000 $158,000 Service City of Bremerton WWTP Upgrade - Contract Award March 2008 CITY OF BREMERTON BID TABULATION BID TITLE: Bremerton WWTP Wet Weather Facilities Upgrade ft<.fr61Z..[~l"["E. 1 OPENED BY: 13 I L.L [.Ltj DATE OPENED: :;z / / 9 / D8 TIME OPENED: /. 00 11M RECORDED BY: 6\LL ~LG) (10) ( i '\ (\\) (9) NAME OF BIDDER BOND ~TEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITEM 6 SALES TOTAL A. ::EJ.fI of LiS/elF TAX -. r:b,4 :'5 ol!S / / / ..bAv IJ) l " ~Ar i.t CnJST /' Lt 3&'0 2.3, '~7fp . byC(,jt 4- 7.5"1 'i3J -87 / , MccwlZ6 tl So...;.s v'" 3 "713.41t{ 3/1'. 1S€.tx LI- 03l.. ~o I ,j,; . I ST~' l~ ...j G::,RJ' / ,/ 3 :SCb.'10{' A'Dlt .Sb'.~3 .3 S'11 A9~. ~ ./' / " -r I , 7EASE Q &tJ5 ./ 3:l1.1'7.z&, ,).77 ?flOG 3 ~in. ~.r :~~ , , ~ C",tJsi ./' v .> 4-~i ~~ ~; 8887 3,790,12("Q T , SUMMARY TOTAL BID COMMENTS APPARENT LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ ~I 7(;.,\ j 51 it rEASE ~ ~J 3 50-1 4<6{,1.)0 SECOND LOW BIDDER SlE- L--Lt'\,;( '0 Cv~r ~ 'j't, Z1~, <63 THIRD LOW BIDDER '""1oS.5 CoNsr 3.1io/11..~, ~7 DO '3 .) 7 CITY OF BREMERTON BID TABULATION BID TITLE: Bremerton WWTP Wet Weather Facilities Upgrade ftZfFF"PB.'cf: 7- OPENED BY: '~I LL- G..LEf DATE OPENED: J.. i 'i lo~ TIME OPENED: I:' 00 p,V) RECORDED BY: b(L.L ~ ---- (,tV ') {tJ (If (}') NAME OF BIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEMS ITEM 6 SALES TOTAL A~oF LA S;E,.;: t.> r- TAX . :,,, <;, ~ J:vNiD L SAc-K L-jj>.\~ / / ./ I..f., \(12 I lit{- 3klQ,5ZI. ~D If. 551-, ',.)). ~Q "'1~C.LV(f tL SO..J) :) 82':>, J 2$ I CD Srcu.AiZ:J Co~f 3 17~ ({Ii-: )7!J, /93,10 3 . 44'i. f6s.7. 10 ~lo{'7.3.~ , '7~SE: <i ~:>tJ.s ~L3 1n3.i;A '3 3'311 \If-))'~ ~SS - ~ O'tl I" C-o u~ 3i327,~1 ~8bi I ~3.31 -= , oJ / . ~ 3'-'3. ~44.3' I I ------ TOTAL BID COMMENTS SUMMARY APPARENT LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $Lf-. 2.'71 7'-2- PEAS B L. Sc..0~ '3\ '~3 \ \ '-I-<g I Du . I I -S'ECOND LOW BiDDER 3Teu...ttt... ~ Gt~ 3-> 4-4-C' I V;)7.;o r-THTRD LOW BIDDER ~SS C~:,t:' .Y"f 31"13j_lc 44-/37 ) 7 CITY OF BREMERTON BID TABULA liON BID TITLE: Bremerton WWTP Wet Weather Facilities Upgrade r(.(E.F f?IZ.EVLe 3 OPENED BY: :3/LC ~ RECORDED BY: 6\L-L. fu:!-t DATE OPENED: ;{ i q O~ TIME OPENED: {,' OD P.'VJ (;0) (/) (ll) (q) NAME OF BIDDER BOND IT~M 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITErv'! 6 SALES TOTAL REC6P1 DF J.JST oF TAX ^ '. -...; -'0&3 'DPrJ 1'1) L-. SAC\.( Go"lS') 3 /-flZ 302- 3i.f3 337,97 '-f 33S:~39. 9 . MCCl..-0.tG t ;S-otJj 3 2'}8'jbco ~3.G '71- V{: 3 5~2. :A79 , 0 , I I I STEL.LAK Cf Co~f 3.o2J.~ 2(0 3?3.g I 3.2~ 22~,~ '~SE ~ S'oc-JS J , I , ~ m ').26 ~t.tkJ 3S7,oo :3 /36 "13 I l52 ~.s~' I , . J CoN S'\ 3. I tf-/ ,b34-- ;00,134-182- 3> 4-1 / ~ b~ I <6 f SUMMARY TOTAL BID COMMENTS -APPARENT LOW BIDDER ENC?INEER ESTIMATE (INC SALES TAX) $ 3, '15"2/ lob PeA-S e ~ ~,.,}.s .3 13~ Co\3, 0'0 -SECOND LOW BIDDER . .sTEL.L~ 'Cf ~~ 3, 2.l)~ ,2l.~ 18\ -rHTRD LOW BIDDER f , ~ C; t-J~l 3 4-\\ Zb~ I ~2 I 7 'D \ ;...) 2- DATE SUBMITTED: February 20, 2008 BILL # Dg~o50 AGENDA BILL ClTY OF BREMERTON CITY COUNCIL ~I. ........................................................................................ SUBJECT: Resolution No. 302.\ 9 relating to the Gorst and West Bremerton UGAs Committee Meeting Date: February 27,2008 COUNCIL MEETING Date: March 5, 2008 Department: _ City Attorney's Office Presenter: . Roger A. Lubovich Phone: 473-2345 SUMMARY: The proposed resolution accepts the association of the Gorst UGA to the City of Bremerton and provides for the City's commitment and ability to provide services to the associated West Bremerton and Gorst UGAs. ATTACHMENTS: Proposed Resolution rvo. 30 -4 q FISCAL IMPACTS (Include Budgeted Amount): None 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 pass Resolution No. 3049 West Bremerton UGAs. relating to the Gorst and COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action RESOLUTION NO. 3oL\q A RESOLUTION of the City Council of the City of Bremerton, Washington, relating to the association of the Gorst UGA and provision of sewer service within the West Bremerton and Gorst Urban Growth Areas WHEREAS, in 2006, Kitsap County adopted a ten year update to its comprehensive land use plan; and WHEREAS, pursuant to the State Growth Management Act, Chapter 36.70A RCW, Kitsap County expanded the West Bremerton and Gorst Urban Growth Areas (UGAs) through the ten year update to accommodate population through the year 2025; and WHEREAS, the County's ten year update was appealed to the Central Puget Sound Growth Management Hearings Board (CPSGMHB); and WHEREAS, the CPSGMHB remanded the capital facilities element and plan of the County's comprehensive plan for, among other reasons, additional information regarding public sewer service within the West Bremerton and Gorst UGAs; and WHEREAS, the County was instructed to obtain assurances from the relt;:vant service providers that sanitary sewer service will be adequate and available within the 20-year planning period; and WHEREAS, the City of Bremerton provides sanitary sewer service within the West Bremerton UGA and can provide sewer service within the Garst UGA, and thus can provide such assurances; NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City of Bremerton currently provides sewer service within portions of the West Bremerton UGA. SECTION 2. In 2006, Kitsap County expanded the West Bremerton and Gorst UGAs pursuant to Kitsap County Or~inance No. 370-2006. SECTION 3. The City of Bremerton operates two wastewater treatment facilities: The Wests ide Wastewater Treatment Plant and the Eastside Treatment Facility. The Westside Wastewater Treatment Plant has a peak wet weather capacity of 60+MGD and a peak secondary treatment hydraulic capacity of 32.5 million gallons per day (MGD). The Eastside 1 West Bremerton and Gorst UGAs Treatment Facility has a peak hydraulic capacity of20 MGD. Currently, the Bremerton wastewater system has a current (2005) surplus of 13,102 equivalent residential units (ERUs), which translates into capacity for 32,755 additional people, which is more than enough capacity to accommodate the 2025 growth population for the City and the West Bremerton and Gorst UGAs. SECTION 4. The City of Bremerton has the capacity and will serve the West Bremerton and Gorst UGAs upon the annexation of those areas to the City, or through Outside Utilities Agreements, which is anticipated to occur through the year 2025. SECTION 5. Pursuant to the Bremerton Municipal Code 15.03.040, the City may extend its sewer collection service to property lying within its urban growth area which is not contiguous to City limits upon request and the execution of an Outside Utilities Agreement. The party seeking the utility extension is responsible for paying the entire cost of the sewer connection, subject to latecomer reimbursement if applicable. SECTION 6. The City's commitment and ability to provide service to the expanded West Bremerton and Gorst UGAs is demonstrated through the "City of Bremerton Sewer UGA Planning" document, dated February 2008, attached hereto and incorporated herein by this reference as Exhibit A. SECTION 7. The City acknowledges and accepts that Kitsap County will be "associating" the Gorst UGA as part of its comprehensive plan amendments enacted in response to the CPSGMHB Order and pursuant to RCW 36.70A.11O(7). Once the association takes place, the City may annex the Gorst area. SECTION 8. Since the City generally relies upon developer extension agreements to finance the extension of sewer collection systems outside of the City boundaries, such extensions are not shown in the City's capital facilities plan, but rather, are added once a binding commitment is finalized. Figures 10 and 12 in the City of Bremerton Sewer UGA Planning document show the proposed infrastructure for West Bremerton and Gorst, respectively. SECTION 9. For the reasons set forth above, the City has both the capacity and/or the ability to serve its portions of the West Bremerton and Gorst UGAs with public sanitary sewer service. SECTION 10. Severability. If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 11. Effective Date. This Resolution shall take effect and be in force immediately upon its passage. 2 West Bremerton and Gorst UGAs day of PASSED by the City Council of the City of Bremerton, Washington this _ ,2008. WILL MAUPIN, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk R:\Legal\Legal\Files\CulTent Active Files\Gorst-Navy Yard City\Resolution Bremerton PO Sewerassurance-tinal.doc 3 West Bremerton and Gorst UGAs . ExHiBIT A City of Bremerton Sewer Urban Growth Area Planning Portions of the West Bremerton UGA (Rocky Point, SR 304) and the Gorst UGA February 2008 I EXPIRES 4 /24/ ~ <.__~_~----...---.-l L~~ CU.. '- 500 108th Avenue NE Suite 1200 Bellevue, WA 98004-5549 (425) 450-6200 ,0,8(207 I Hl, Table of Contents 1.0 Introduction .. ............. II II II II II II II II.. II II II II II II 11..1111..1.1 II.. II II II II II II 11111 11...11 II II.. II 11.11 II.... II II II II.. II II II II II II II II.. II ... 1 1.1 Plan Objectives ................................................................................... .................. 1 1.2 Description of UGAs.............................................................................................. 1 2.0 Existi ng System II.. ... II II ........ II.. II II II II II.. II II II II II II.. II II II.. II II...... II.. II II.. II II II II II...... II 111111 II II II II.. II II II.. II II II II II II 3 3.0 Plan n i n9 Criteria..... II II II .... II II.. II II 1.1 II II II.... II II II II II II II.. ..11.. II II II.. II.. II II.. II II.. II.... II II .... ..... II II III.. II II II II II II 8 3.1 Flow Projections.................................................................................................... 8 3.1.1 Sanitary Projections.......................................................... .........................8 3.1.2 Inflow and Infiltration Projections............ ................................................... 9 3.2 Proposed Infrastructure Assumptions .................................................................10 3.3 Population Projection .......................................................................................... 11 4.0 Planning Areas and Proposed Improvements ......................................... 12 4.1 West Bremerton UGA............................................ ....................... ..... .................. 12 4.1.1 Rocky Point Area..................................................................................... 12 4. 1 .2 S R 304 Area............................................................................................ 17 4.2 Gorst UGA................. .................................. ........................................................21 4.2.1 Population Projection............................................................................... 21 4.2.2 Sewer Flows Generated.......................................................................... 21 4.2.3 Sewer System Layout and Sizing............................................................22 5.0 Opinion of Probable Cost. ..... ... .... .... II.. II II ...... II ... ... ..... II II ....... II II ... II ... ....... ...... 25 5.1 West Bremerton UGA - Rocky Point Area ..........................................................25 5.2 West Bremerton UGA - SR 304 Area .................................................................27 5.3 Gorst UGA........................ .................................... ..... .................. ........................ 28 5.4 Homeowner / Developer Extension Costs........................................................... 29 6.0 Fundi ng .... I. II. .... I.. I.... I. II. I.. ..... .... .... ..... ... ... .......... .... ......... ... ....... ..... ..... 30 6.1 Potential Funding Sources.................................................................................. 30 6.2 External Sources of Funds.................................................................................. 33 6.2.1 Centennial Clean Water Fund .................................................................33 6.2.2 State Water Pollution Control Revolving Fund ........................................34 6.2.3 Public Works Trust Fund......................................................................... 34 6.2.4 Community Development Block Grants................................................... 34 6.2.5 Infrastructure Assistance Coordinating CounciL...... ............ ............ ...... 35 6.2.6 Municipal Financing.................................. ...............................................35 6.3 Internal Funding Sources............................... ,....................................................36 City of Bremerton Sewer Urban Growth Area Planning j February 2008 lil1 7.0 Concl usian.. II II II II.. II II II II II II DII II II ...11.. II II II.. II II II II.. II II II II II II II II II II II.. II II II II.. II II II II II 11.11.. II 1I11D ... ..... II 11.11 II.... II II II... II 38 8.0 References II II II II.. ..... II II II II. II 11...1111..11.11 II II II.... II II II II II II II II.. II II II II II II II.. II II ..11.. II II.. II II II II II II II.. II II II II II II II.. II II II II II II ... 39 Table 1. Table 2. Table 3. Table 4. Table 5. Table 6. Table 7. Table 8. Table 9. Table 10. Table 11. Table 12. Table 13. Table 14. Table 15. Table 16. Table 17. Table 18. Table 19. List of Tables Sanitary Flow Assumptions......................................... .................................................8 Gravity Sewer Assumptions....................................................................................... 10 Force Main Assumptions.................................................................................... ....... 10 West Bremerton UGA Aggregate Population............................................................. 12 Population Projection for the Rocky Point Area .........................................................13 Sanitary Flow Projections for Rocky Point.............. ................................................... 13 Pump Station Sizing for Rocky Point........ ..................... ....... ........ .................... ......... 14 Population Projection for the SR 304 Area ................................................................ 17 Sanitary Flow Projections for the SR 304 Area.......................................................... 17 Population Projections for the Garst UGA .................................................................21 Flow Projection for the Garst UGA............................................................................. 21 Pump Station Sizing for Gorst.................................................................................... 22 Opinion of Probable Cost for the Rocky Point Area ................................................... 26 Opinion of Probable Cost for the SR 304 Area .......................................................... 27 Opinion of Probable Cost for the Garst UGA .............................................................28 Homeowner / Developer Extension Cost Estimate.................................................... 29 Funding Programs at a Glance .................................................................................. 31 Funding Agency Contacts...................... ............ ..... ...................... .................... .........33 Potential Funding/Revenue Strategies............ ...... ....................................................37 List of Figures Figure 1. Planning Area Vicinity Map.......................................................................................... 4 Figure 2. Rocky Point Land Use Zoning ..................................................................................... 5 Figure 3. SR 304 Land Use Zoning ............................................................................................ 6 Figure 4. Garst UGA Land Use Zoning ....................................................................................... 7 Figure 5. Ratio of Peak Hourly Flow to Design Average Flow.................................................... 9 Figure 6. Total Basins Exceeding a Given 1/1 Rate ...................................................................10 Figure 7. Rocky Point Sub-Basins............................................................................................ 15 Figure 8. Rocky Point Proposed Infrastructure..................... ................................................ .... 16 Figure 9. SR 304 Sub-Basins................................................................................................... 19 Figure 10. SR 304 Proposed Infrastructure...............................................;................................ 20 Figure 11. Garst UGA Sub-Basins ..............................................................................................23 Figure 12. Garst UGA Proposed Infrastructure...........................................................................24 City of Bremerton Sewer Urban Growth Area Planning ii February 2008 lil\ 1.0 Introduction This report amends the 2006 Kitsap County 10- Year Comprehensive Plan Update (Comprehensive Plan) to include a strategy for providing sanitary sewer service for the Gorst Urban Growth Area (UGA) and additions to the West Bremerton UGA. Kitsap County (County) intends to add additional land area to the West Bremerton UGA, which would become part of the City of Bremerton (City) in the future. The Gorst UGA (Gorst) is contiguous to the City of Bremerton's sewer planning area. Discussions regarding its association into the City are on-going. The purpose of this plan is to meet the requirements of the Central Puget Sound Growth Management Hearings Board Order of Continuing Non-Compliance (KCRP VI v. Kitsap County, case 07 -3-0019C) by developing a sanitary sewer strategy for the Gorst UGA and the additional portions of the West Bremerton UGA (Rocky Point and SR 304) as shown on Figure 1. In accordance with the Comprehensive Plan, the planning period for this addendum to the Comprehensive Plan ends in the year 2025. The population projections used in this addendum are consistent with those developed in the Comprehensive Plan. The purpose of this amendment is to assess the sewage conveyance needs for the additions to the West Bremerton UGA and the Gorst UGA. Due to the topography of the studied areas, a conventional gravity-flow sewer system may not be feasible. An alternative conventional gravity system is presented for regions of the West Bremerton UGA and the Gorst UGA. Modifications to the existing system that may be required under this plan are addressed; however, the City's existing treatment and conveyance systems were assumed to have adequate capacity for additional flow. As with most sewer planning, this document is based on information available at the time of creation, including existing Comprehensive Plan documents, 25-foot contours, and previous City planning documents. As the sewer plan proceeds into design, the City should review and update, as needed, surveying, population projections, and the future planning horizon. 1.1 Plan Objectives The objective of this plan is to meet the requirements laid out by the Central Puget Sound Growth Management Hearings Board by providing sewer planning for the Gorst UGA and additions to the West Bremerton UGA. This is accomplished by providing the City of Bremerton with proposed infrastructure improvements, cost estimates and financing options for the Gorst UGA and additions to the West Bremerton UGA. 1.2 Description of UGAs Areas to be added to the West Bremerton UGA include Rocky Point and SR 304, which are between the Port Washington Narrows and Dyes Inlet. Rocky Point (shown in Figure 2) is approximately 410 acres of urban low-density residential and 40 acres urban medium-density residential zoning. The City's current sewer system extends to the edge of Rocky Point with small diameter gravity sewer pipes. The SR 304 area includes Navy Yard City (currently unincorporated) and extends south from the Westside WWTP roughly to the northern edge of the Gorst UGA. The area covered in this study (shown in Figure 3) excludes Navy Yard City and is approximately 80 acres of urban low-density residential and 122 acres of urban medium/high-density City of Bremerton Sewer Urban Growth Area Planning 1 February 2008 1il.'1 residential. Kitsap County operates a sewer district within the northern portion of the area (Sewer District 1). The southern portion of the planning area is relatively undeveloped. The Gorst UGA (shown in Figure 4), is located at the western end of Sinclair Inlet at the junction of SR 16 and SR 3. Gorst is primarily an industrial and small commercial center. Future plans for the area include the addition of more residential zoning to the west. Failing septic systems in the region have increased the interest in a public sewer system. City of Bremerton Sewer Urban Growth Area Planning 2 February 2008 ) lD~ 2.0 Existing System The City of Bremerton is located in central Kitsap County near the Sinclair Inlet and Dyes Inlet. The Port Washington Nar~ows divide the city into two sections: West Bremerton and East Bremerton. The City operates two wastewater treatment facilities: The Westside Wastewater Treatment Plant (Westside WWTP) and the Eastside Treatment Facility. The Westside WWTP in West Bremerton discharges secondary treated effluent to the Sinclair Inlet, and has a peak hydraulic capacity of 32.5 MGD. The Eastside Treatment Facility provides treatment for combined sewer flows during storm events in East Bremerton. The treatment involves high-rate clarification and ultraviolet (UV) disinfection. This facility discharges to the Port Washington Narrows with a peak hydraulic capacity of 20 MGD. The sewer service area and collection system includes nine West Bremerton and six East Bremerton sewer drainage basins. A combined sewer system serves the East Bremerton drainage basins and transports sanitary and stormwater flows in a single conveyance system. Four of the nine West Bremerton drainage basins are also combined sewers. The City's gravity mains range in size from 6 to 42 inches in diameter, and force mains range from 4 to 36 inches in diameter. Unless specified, the City is assumed to have adequate capacity in both the current conveyance system and in the treatment plants to provide service to the expanded portions of the West Bremerton UGA and the Gorst UGA. City of Bremerton Sewer Urban Growth Area Planning 3 February 2008 Jf\~-~~'l ~{i!:t, z' ~~~_ I ')0~ ! =-1 ~ . ~_... ~ ___~~~~>~C'1I\'i!; ~ 1- .............,,,. .. .' ~--~~.._~~ /~- 'I: ( ~ \y !. '-"'" -,---r'. '- ' . ~' ",r. $=d (Jl ~_J #~--_. .~. f-. ,nj' I' ) --.. I ,-I I~/ il " I :j ,,r !",'J I 1" I ~l ; ... -# P' ~ / Ii ;--................ '/ . p_ J /J -_. ///"\. ,fL ~:::::._.r /' : ---... .--1----, . . -..------------ . ... . . . . .. . . .- - I . : . .. - - - . - - , . . . -.. , , f t " I i t ~ I ~ ~ 9,000 a.-a - . - ... . .. . . . .. . / d 6) Legend <::> Planning Boundary . = : City of Bremerton Boundary DROW FIGURE 1 Planning Area Vicinity Map Hl"1 o 1,500 3,000 6,000 ~ City of Bremerton Sewer UGA Planning IID.\ ~ Legend c=:> Urban Low Residential (4-9 DUlAc) CJ ROW ~ Urban Medium Residential (10-18 DUlAc) QUGA Boundary , .. : City of Bremerton Boundary LJ Parcel Boundary FIGURE 2 Rocky Point Land Use Zoning 500 1,000 1,500 Feel City of Bremerton Sewer UGA Planning ~.""1'J. '~"d >1 n I,} W!>~~;,'':);n.J'J l \ '" 'I'\-' .\ ), I.., ~'\~ -'I " J (':1, 'I/'\~. '''':1 CL.1 ~. : fj' ,'-~'[l~\:it'I\" 'lV. '-- N'~~ '0 '" W:"Y , 'Iv ~""',./ ',,'" -, f'~};';"~ , i,l-'.;~ ~, ,.J. k.... W U r- J ~ Legend ~ Industrial C) Urban Low Residential (4-9 DUlAc) CJ Urban Medium Residential (10-18 DUlAc) QUGABoundary '.. : City of Bremerton Boundary CJ Parcel Boundary DROW City of Bremerton Sewer UGA Planning 250 1,000 1,500 F," 6) 1,200 Legend c::> HighwaylTourlst Commercial (10-38 DUlAc) ~ Industrial C) Urban Low Residential (4-9 DUlAc) GI) Urban Restricted (1-5 DUlAc) QUGABOund8ty , _ : City of Bremerton Boundary l=.=J Parcel Boundary DROW FIGURE 4 Gorst UGA land Use Zoning City of Bremerton Sewer UGA Planning Hll. 3.0 Planning Criteria The planning criteria are based on flow projections, infrastructure assumptions and population projections. 3.1 Flow Projections Flow projections include sanitary flow and infiltrationlinflow (1/1). The sum of the peak diurnal sanitary flow and the 1/1 allowance is the peak design flow. 3.1.1 Sanitary Projections The 2005 City of Bremerton Water Plan estimates water usage at 85 gallons per day per capita (gpdc); the sanitary flow is assumed to be the same. A complete set of sanitary flow assumptions are provided in Table 1. Table 1. Sanitary Flow Assumptions Residential 85 gal/capita/day 1,500 gal/Ac/d Industrial 3,000 gal/Ac/d 2005 City of Bremerton Water Plan Wastewater Engineering Treatment and Reuse, Fourth Edition, 2003 Wastewater Engineering Treatment and Reuse, Fourth Edition, 2003 Commercial The Department of Ecology (DOE) Criteria for Sewage Works Design (Orange Book) recommends Equation 1 for calculating the ratio of the peak hourly sanitary flow to design sanitary flow (plotted in Figure 5). Peak hourly sanitary flow varies with the population; larger areas will have smaller peaking factors than smaller areas. Equation 1 QPeak _18+.JP QDeSign - 4 + JP Where: QPeak is the maximum peak hourly flow, QOesign is the design average daily wastewater flow, and P is the population in thousands. As recommended by DOE, the peaking factor used in this planning study is never below 2.5. City of Bremerton Sewer Urban Growth Area Planning 8 February 2008 Hl( 10.0 ~- ---- -- r-. +- ....~ r--...... ........... r: Cl 'iij Ql o o - ~ CU Ql C- O 1.0 0.1 1.0 10.0 100.0 Population (in thousands) Adapted from: Washington State Department of Ecology. Criteria for Sewage Works Design. November 2007. Figure 5. Ratio of Peak Hourly Flow to Design Average Flow 3.1.2 Inflow and Infiltration Projections The definitions of inflow and infiltration (III) from the Joint WEF Manual of Practice FD2 - ASCE Manual and Report on Engineering Practice No. 62 are: · Infiltration is water that enters a sewer system from the ground through defective pipes, pipe joints, damaged lateral connections or manhole walls. · Inflow is extraneous storm water that enters a sanitary sewer system through roof leaders, cleanouts, foundation drains sump pumps and cellar, yard and area drains. 1/1 creates a measurable increase in flow during storm events. Results from the 2001/2002 King County Regional Infiltration/Inflow Control Program Wet Weather Technical Memorandum document that nearly 50-percent of all basins exceeded an III rate of 3,000 gallAcld over ten measured storms, as shown in Figure 6. It is reasonable to assume 3,000 gallAcld as the III rate for this study, as both new and old basins were documented in the 1/1 rates over 3,000 gal/Acld. City of Bremerton Sewer Urban Growth Area Planning 9 February 2008 RI~ King County Regimallll Control Program 1/1 Data fcr 2001/2002 RON fvetering Period Number of Basins Exceeding Given FION (based on highest basin flows from 10 rreasured storrm) 800 [' T -- Tn- 'I T 'n-- I I I I I "'I I I I I I I I I I ~ 1 I I , j I I , I I I j I \ Nearly, 50% of Basins I t7'-~- I ~r- - \ / I LL_ exceed 3,000 gal/ac/d --- -- --- -- !\. / I ++ I i 1_ - " ....... I --1 ~~ i I f-- ~ ..... I -- I T 700 800 If) c '00 500 co (() - o 400 ID .0 E 300 :J Z 200 100 o ############################## ~ ". ". ",. ",. '0. '0' ~. b<' ~. ~. '0' '0' ". ". '0' '0. q,. q,. "I:). "I:). "". "". "",. "",. ,,'0' ,,'0' ,,~. ~. ,,~. 1/1 (C?allonslAcre/Day - 30 Mnute Peak) Adopted from: King County, 2001/2002 King County Regional Infiltration/Inflow Control Program Wet Weather Technical Memorandum Figure 6. Total Basins Exceeding a Given III Rate 3.2 Proposed Infrastructure Assumptions Gravity sewer assumptions are provided in Table 2. Table 2. Gravity Sewer Assumptions Minimum 8-inch pipe 2.0 fps design velocity Manning's Roughness Coefficient of 0.013 Force main assumptions are provided in Table 3. Table 3. Force Main Assumptions Minimum 4-inch pipe Design velocity between 2.0 and 8.0 fps Manning's Roughness Coefficient of 0.013 City of Bremerton Sewer Urban Growth Area Planning 10 February 2008 Hl'1 2025 projected population was considered in the evaluation of additional infrastructure. Gravity sewer pipe and force mains were sized based on 4 dwelling units per acre (DulAc) for undeveloped areas and 3 DUlAc for developed areas. Pipe capacity is considered to be met at 80% of the full pipe capacity because gravity sewers are considered surcharged at this point. Force mains were sized based on the Hazen-Williams equation for a velocity of 2-8 fps with less than 30 ft of headloss. The proposed pump stations should be designed to accommodate the force main friction losses and static head at the required flow rate. Because no formal pump station site analysis was completed, at the time of design, the City will need to select a location based on the availability of land. 3.3 Population Projection County Traffic Analysis Zone (TAZ) mapping provides data to make population projections for the West Bremerton and Gorst UGAs. The population projections provided are for the 2025 planning horizon; This sewer plan accommodates those population projections. Detailed population projections and allocations are provided under each of the three areas of this planning study. City of Bremerton Sewer Urban Growth Area Planning 11 February 2008 lilt 4.0 Planning Areas and Proposed Improvements The West Bremerton UGA and Garst UGA were divided into sewer sub-basins to aid in sizing the gravity and pressure mains based on the following factors: 1. Presence of existing infrastructure inside and outside of the UGAs. 2. The use of existing rights-of-way (ROWs) as future locations for gravity and force mains. 3. Topographic changes. 4. Tax parcels. Flows from a given tax parcel will most likely flow to a single main. 5. The design for portions of the West Bremerton and Garst UGAs is centered on the use of a low pressure sewer (LPS) system using residential grinder pumps The sub-basins used for planning in the Rocky Point, SR 304, and Garst areas are shown in Figures 7, 9, and 11, respectively. 4.1 West Bremerton UGA Two areas, Rocky Point and SR 304, are proposed to be added to the existing West Bremerton UGA. These areas are further described below. Table 4 shows the distribution of population for the West Bremerton UGA based on the sub-areas; Rocky Point and the SR 304 - Planning Area are included in this study. These populations concur with the Kitsap County Comprehensive Plan. Table 4. West Bremerton UGA Aggregate Population 1. Planning for Navy Yard City and West Hills is not included in this report. 4.1.1 Rocky Point Area Rocky Point is approximately 410 acres of urban low-density residential and 40 acres urban medium-density residential zoning. The City's current sewer system extends to the edge of the Rocky Point area. 4.1.1.1 Population Projection According to the Comprehensive Plan, the West Bremerton UGA had a total population of 3,229 in 2000, and a projected population of 5,246 in the year 2025. The design population for flow projections for the Rocky Point area assumes a year 2025 total population of 2,075, based on County TAZ mapping. The size of each sub-basin (Figure 7) is indicated in Table 5 along with the projected population; the allocation of population to each sub-basin was determined based on the County's T AZ mapping. City of Bremerton Sewer Urban Growth Area Planning 12 February 2008 @.'{ Table 5. Population Projection for the Rocky Point Area RP-1 Urban Low 168 775 Residential RP-2 Urban Low 113 520 Residential RP-3 Urban Low 64 320 Residential RP-4 Urban Low 23 131 Residential RP-5 Urban Low 38 164 Residential RP-6 Urban Medium 43 165 Residential Totals 449 2,075 4.1.1.2 Sewer Flow Projection Peak design flow is the sum of the peak sanitary flow and an allowance for 1/1. Proposed infrastructure is based on the peak design flow provided in Table 6 and a conservative allowance. Table 6. Sanitary Flow Projections for Rocky Point RP-1 775 65,900 177 526 RP-2 520 44,200 122 356 RP-3 320 27,200 77 211 RP-4 131 11 , 1 00 33 80 RP-5 164 14,000 40 119 RP-6 165 14,000 40 119 Totals 2,075 176,400 489 1,411 Per the Design Criteria, flow is based on 85 gpdc with an III rate of 3,000 gpd/Ac. 4.1.1.3 Sewer System Layout and Sizing The recommended sewer system layout for Rocky Point is shown in Figure 8. Based on the elevations and preliminary planning, this Iyout includes the use of an low pressure sewer system with grinder pumps and pressure service connections (side sewers). Service connections will use a grinder pump with a 230 gallon storage capacity to connect to small low-pressure force mains. The low-pressure side sewers will convey the sewage to a larger gravity trunk line. The recommended storage capacity provides storage during City of Bremerton Sewer Urban Growth Area Planning 13 February 2008 Hl1 a power outage for approximately 24 hours. It is assumed low-pressure side sewers will connect to the proposed gravity sewer trunks through manholes. Sewer flows generated from sub-basin RP-1 will collect in a 1O-inch gravity main. To accommodate peak flows from both RP-1 and RP-2, the gravity sewer main at the intersection of RP-1 and RP-2 increases to a 12-inch main. A pump station (MD-3) will be required to convey flow from RP-1 and RP-2 south to RP-4 via a 1 O-inch force main. An 8-inch gravity sewer will run parallel to the force main, conveying flow from RP-3 and RP- 4 along Rocky Point Road north to the proposed MD-3 pump station. A 12-inch gravity main will connect to the end of the 10-inch MD-3 force main to convey flow to a second proposed pump station (MD-2) near the intersection of Kelly Road and Marine Drive (See Figure 8). MD-2 has been sized to accommodate flows from Marine Drive, which is within the City, but currently not sewered. The proposed pump station will convey flow south toward Kitsap Way via a 12-lnch force mail:l. The following table summarizes the preliminary sizing of the MD-2 and MD-3 pump stations. Wet well volumes are based on the DOE Orange Book. Table 7. Pump Station Sizing for Rocky Point MD-2 MD-3 6,100 4,000 150 120 1,620 1,050 105 55 Under this proposed plan, a 15-inch gravity sewer will be installed parallel to the existing gravity mains on Kitsap Way. The City operates an existing pump station (OB-1) located along Kitsap Way. This pump station would convey the flows from Rocky Point into the City's existing conveyance system. The OB-1 pump station has a current rated capacity of 1500 gpm at 212-feet of total dynamic head (TDH). Improvements to the existing pump station may be required to accommodate increased flow from these areas. The OB-1 pump station would need to produce approximately 230 feet of pressure head, which would make it similar to the existing City pump station CW-1 being upgraded at this time. A portion of flow generated within RP-3 can be conveyed to the City system via an 8-inch gravity main running along NW Phinney Bay Drive. The LPS system allows for service connections on the downhill side to reach this sewer main. Other service connections will reach the main via gravity flow. RP-5 and RP-6 can be served by 8-inch gravity sewers running along the existing ROWs. The central part of RP-6 should flow by LPS to the City's existing sewers along Corbet Road or proposed gravity sewers along Morgan Road NW. City of Bremerton Sewer Urban Growth Area Planning 14 February 2008 ~ 1,000 1,500 F,~ Legend C) Urban Low Residential C) Urban Medium Residential 8SUb-S8s,n Boundary UGA Boundary ': : City of Bremerton Boundary ~ Contour (25') r=J Parcel Boundary City of Bremerton Sewer UGA Planning ~ 250 500 1,000 1,500 2,000 Felli ... 8" Force Main - 8" Gravity Main - . 10" Force Main -- 10" Gravity Main [=:J Parcel Boundary _ Existing Bremerton Sewer Line DROW FIGURE 8 Rocky Point Proposed Infrastructure ~ Pump Station - . 12" Force Main - 12" Gravity Main c:::t::::::>15" Gravity ,--...... Low Pressure '---" Sewer System QUGABOUnd81)' t _ : City of Bremerton Boundary City of Bremerton Sewer UGA Planning Hll 4.1.2 SR 304 Area 4.1.2.1 Population Projection The Kitsap County Comprehensive Plan details land use for SR 304. Sub-basin SR-1 is already sewered and contains multiple land use zones. The projected 2025 population of SR-1 is approximately 296 according to the County TAZ mapping. The size of each sub- basin (shown on Figure 9) is indicated in Table 8 along with the allocated projected population based on the County's T AZ mapping. Table 8. Population Projection for the SR 304 Area SR-1 Urban Medium 67 296 Residential SR-2 Urban Medium 67 295 Residential SR-3 Urban Low 31 55 Residential SR-4 Urban Low 42 83 Residential Totals 207 729 4.1.2.2 Sewer Flows Generated The estimated sanitary sewer flow is determined by taking the design population and multiplying by the sanitary flow. Peak sanitary flow is a function of population as described in the planning criteria. Peak design flow is the sum for the peak sanitary flow and III allowance. Proposed infrastructure sizing is based on the peak design flow provided in Table 9 and a conservative allowance. Table 9. Sanitary Flow Projections for the SR 304 Area SR2 295 25,000 71 210 SR3 55 4,700 14 78 SR4 83 7,000 21 108 Totals 433 36,700 106 396 Per the Design Criteria, flow is based on 85 gpdc with an III rate of 3,000 gpd/Ac. 4.1.2.3 Sewer System Layout and Sizing The proposed sewer system layout for the SR 304 area is shown in Figure 10. Sub-basin SR-1 is currently sewered and is referred to as Sewer District 1. Sewer District 1 provides City of Bremerton Sewer Urban Growth Area Planning 17 February 2008 Hll. a 12-inch ductile iron (01) gravity sewer, which reduces to an 8-inch gravity sewer, along SR 3. The proposed plan includes connecting to this stub. Similar to Rocky Point, the use of an LPS can be implemented to eliminate lift stations and reduce the number of trunk lines required to serve the SR 304 in areas where gravity flow is difficult. An 8-inch gravity sewer is proposed to run along the ROW to the currently undeveloped sub-basin SR-4. The 8-inch trunk continues west along West Sherman Heights Road through the southern portion of SR-2 and connect to Sewer District 1. Eight-inch gravity sewers are proposed to serve residences along Viking Street West and Kent Avenue West. Service connections located to the south of West Prospect Street are recommended to flow by gravity south, and service connections located north of West Prospect Street are recommended to flow north. The northern portions of SR-2 and SR-3 can be served via a 8-inch gravity sewer running along an undeveloped ROW (Kent Avenue W). To connect this main to Sewer District 1, an easement will be needed through SR-2 due to the topography. It is assumed the exact location of the easement will be determined at the design stage. Flow from Sewer District 1 is conveyed to the Westside WWTP through Kitsap County Pump Station #75 (KCPS-75). Currently, KCPS-75 has a pumping capacity of 470 gpm with 55 feet of TDH. The rated performance of these pumps is larger and it appears there is wear on the impellers. Under this plan, the current pumps would need to be upgraded with larger pumps (with approximately 30 HP motors) capable of handling 900 gpm. The wet well volume should also be increased to accommodate the additional flow volume from SR 304. Under the proposed plan the 8-inch force main leaving the pump station has adequate capacity to handle the increased flow from SR 304. City of Bremerton Sewer Urban Growth Area Planning 18 February 2008 \~~~&~~1 ~' j~'fJ",r1, J~~\~'D',l'"" . . LA'-,J, f' \:\ MV ' (~ ',61. " . ".;: ,j'-~r\ -,..;"', 'j ,( \:':0" . --,c "t'; :1~ .. .,;,...7 ;/ ~i>~:j~J/g " 7..:1 r- l' 6) C> Legend @Dlndustnal ~ Urban Low Residential ~ Urban Medium Residential OSub-Basln Boundary ': :City of Bremerton Boundary ~ Contour (25') D Parcel Boundary City of Bremerton Sewer UGA Planning o 250 P"'""""""""I SOO 1,000 1,500 Feet ~ w.J:;\)r:!, ,-,"Ii tf I," f~' ) ~"~ /-,0 J~ ( lie ~r l. "', /T$, \nij s\-<;. "~/ . ')-t) J~, 0v:' . . i\~ f,';; '....:; . J '-". ,roy '<'~ ~ "~."..,,.,., jl ~,' .,r "l~ 1 .f" " i,'>~;0!:7'~J"-" {J 4/"e""'" ~ U .- W 1,200 ': : City of Bremerton Boundary [E!] Pump Station CJ Parcel Boundary Existing Bremerton - Sewer Line DROW FIGURE 10 SR 304 Proposed Infrastructure ~ 150 300 City of Bremerton Sewer UGA Planning Hl'1 4.2 Garst UGA The Garst UGA is located at the western end of Sinclair Inlet at the junction of SR 16 and SR 3. Garst is primarily an industrial and small commercial center. 4.2.1 Population Projection Based on the population projection presented in the Comprehensive Plan, the Garst UGA had a population of 154 in 2000 and is projected to have a population of 227 in 2025. The size of each sub-basin is indicated in Table 10 along with the projected population based on County T AZ mapping. Table 10. Population Projections for the Gorst UGA GT-1 Mostly Industrial 127 -0- Highway/Tourist GT-2 Commercial and 122 227 Residential Mostly GT-3 Highway/Tourist 85 -0- Commercial Totals 334 227 4.2.2 Sewer Flows Generated The estimated sanitary-sewer flow is determined by taking the design population and multiplying by the sanitary flow, then adding in flow for industrial and commercial areas. Peak sanitary flow is a function of population as described in the planning criteria. Peak design flow is the sum of the peak sanitary flow and the 1/1 allowance. Proposed infrastructure sizing is based on the peak design flow provided in Table 11 and a conservative allowance. Table 11. Flow Projection for the Gorst UGA GT1 -0- 316,500 549 814 GT2 227 204,700 355 609 GT3 -0- 145,600 253 429 Totals 227 666,800 1,157 1,852 Per the Design Criteria, flow is based on 85 gpdc with an III rate of 3,000 gpd/Ac. City of Bremerton Sewer Urban Growth Area Planning 21 February 2008 lilt 4.2.3 Sewer System Layout and Sizing The proposed sewer system layout for the Garst UGA is shown in Figure 12. Topographical issues, similar to those in Rocky Point, led to the use of an LPS with grinder pumps. The Gorst UGA consists of industrial, tourist/highway commercial, urban low residential and urban restricted zones. Important infrastructure within this UGA includes SR 16 and SR 3. The design assumes that sewer lines will not cross these two major highways except to connect into the City's existing force main along SR 3. A small section of land between SR 3 and the Sinclair Inlet has been determined to be cost prohibitive for sewer service and will remain on a septic sewer system; currently, there is one business in this section. This section is indicated on Figure 12. The City of Bremerton is currently slip-lining an 8-inch and a 10-inch force main through an existing pipe along SR 16 and SR 3. The sewer improvements presented herein propose to connect to this force main by two proposed pump stations. One pump station (SB-3) would be located north of SR 3 along West Belfair Valley Road. The other pump station (SB-4) would be located to the south of SR 16 along West Frontage Road. These pump stations would provide the required pressure to convey sewage flow into the force main. Preliminary pump station sizing is presented in Table 12. The static head is based upon pumping into the new, slip-lined force main from the Southwest Bremerton Pump Station currently planned for construction. Adding the peak design flow from the Gorst UGA to the flow from the Southwest Bremerton Pump Station would require the use of both force mains. Table 12. Pump Station Sizing for Garst SB-3 SB-4 5,400 1,600 155 130 1 ,435 430 100 25 Sub-basin GT-1 contains primarily industrial and highway/tourist commercial zoning. Based on the assumptions stated in the planning criteria, a 12-inch gravity sewer conveying flow toward Gorst on West Sherman Heights Road should provide adequate capacity for future industrial development of this area. The 12-inch sewer would convey sewage to the proposed pump station SB-3 north of SR 3. A 10-inch force main would then convey flow into the City's future force main. A second proposed sewer running along West Belfair Valley Road would also enter SB-3. Sub-basin GT-2 would be served by this 1 O-inch sewer and a second 10-inch sewer along Sam Christopherson Avenue West. The LPS is capable of conveying flows from the service connections to these gravity sewers where gravity flow is not possible. The area south of SR 16 is zoned primarily highway/tourist commercial. To accommodate the commercial flows, two 10-inch sewers leading to a pump station are recommended. One main would run along Frontage Road and the other would run north on Feigley Road Way to tie in with the proposed main along Frontage Road. The purpose of the recommended pump station SB-4 is to convey flows to the City of Bremerton force main along SR 16 via a 6-inch force main. To accommodate flows along the Sinclair Inlet within GT-3, a LPS system could be implemented. The flow could be conveyed to pump station SB-4 by using horizontal directional drilling (HOD) under SR 3. City of Bremerton Sewer Urban Growth Area Planning 22 February 2008 e "'0 1,200 ",,' Legend (Q Highway/Tourist Commercial ~ Industrial <::) Urban Low Residential C) Urban Restricted City of Bremerton Sewer UGA Planning FIGURE 11 Gorst UGA Sub.Basins QUGA Boundary t... ;: City of Bremertoh Boundary o Parcel Boundary DROW "-' Contour (25') Q ",0 900 1,200 _ . 10" Force Main - 10" Gravity Main - 12" Gravity Main . .. Horizontal Directional Drill c:> ~~::~~~~;~ QUGA Boundary t _ : City of Bremerton Boundary c=J Parcel Boundary Existing Bremerton - Sewer Line DROW ~ Septic Sewer System City of Bremerton Sewer UGA Planning rn!J Pump Station FIGURE 12 Garst UGA Proposed Infrastructure I-il'\ 5.0 Opinion of Probable Cost A total estimated project budget, including both an opinion of probable construction and engineering cost, for each portion of the expanded West Bremerton UGA and Gorst UGA are presented in this section. Additionally, each planned UGA requires the use of a low pressure sewer system to serve portions of the area. The costs for the low pressure sewer system would be the responsibility of the homeowner or developer. A preliminary opinion of construction and connection cost is presented for an individual owners low pressure grinder system. Each lot wishing to connect to the City sewer system within the area designated as low pressure must provide a grinder pump station at their own cost. Once construction of the low pressure grinder pump station is installed, the homeowner would be required to provide an access easement to the City. Once the easement is completed, the City would take over maintenance and operation of the low pressure grinder pump station. 5.1 West Bremerton UGA - Rocky Point Area An opinion of probable construction and engineering cost for the recommended conveyance system for the Rocky Point area is presented in Table 13. City of Bremerton Sewer Urban Growth Area Planning 25 February 2008 Hl., Table 13. Opinion of Probable Cost for the Rocky Point Area ~1~~~,;,~tm~'!.mW,,,,w.;~t~..#~~v~~ ~Yi\t!i~fi~fp.i'I!,j<'NI':t.'fli:~.,lJ>~~~~jit~ IIm'Mr'iwG~'~ilJ :,,~"'~d.~;,,~~~~t J~m~l~~~~~~"~~" i}',,,~YC!!tJ. ~;,; ,,\'i~~" ' HI.- ,;"",,,,,,~! 1H. ~Jt~jU~ .djg.~..~::"Q.iY>~ Trench Safety System 29,400 LF $2 $58,800 8-in Gravitv PVC Pipe 15,000 LF $150 $2,250,000 10-in Gravity PVC Pipe 2,800 LF $155 $434,000 12-in Gravitv PVC Pipe 3,200 LF $160 $512,000 15-inch Gravitv PVC Pipe 3,000 LF $170 $510,000 10-in HDPE Sewer Force Main 2,400 LF $150 $360,000 12-in HDPE Sewer Force Main 3,000 LF $160 $480,000 48-in Manhole 80 EA $4,500 $360,000 MD-2 Pump Station 1 LS $850,000 $850,000 MD-3 Pump Station 1 LS $750,000 $750,000 $1,000,00 OB-1 Pump Station Up~rades 1 LS 0 $1,000,000 Mobilization/Demobilization 1 LS 5% $378,240 Temporarv Erosion/Sedimentation Control 1 LS 3% $226,944 Traffic Control 1 LS 10% $756,480 Subtotal $8,926,464 Construction Continaencv 1 LS 40% $3,570,586 Subtotal - Construction Costs $12,497,100 Sales Tax 1 LS 8.6% $1,074,751 Construction Budget - Preliminary Design Estimate $13,572,000 Enaineerina Desian 1 LS 20% $2,715,000 Total Estimated Project Budget $16,287,000 1) Pipe prices per linear foot include all bedding, backfill, excavation, soil removal, surface restoration, existing utility relocation/avoidance allowance, and pipe costs. 2) No easements or land acquisition costs included. Pipelines and pump stations assumed in public rights of way. 3) For certain properties, the landowner would be required to install a low-pressure grinder pump to connect to City services. Costs for the grinder pumps are not included. City of Bremerton Sewer Urban Growth Area Planning 26 February 2008 ID~ 5.2 West Bremerton UGA - SR 304 Area An opinion of probable construction and engineering cost for the recommended conveyance system for the SR 304 area is presented in Table 14. Table 14. Opinion of Probable Cost for the SR 304 Area ~_.".'ZiiWfnllfIR-IIfl.~ i{Q'ltantliV8 _'i!t.".~,~ ~1l1JnrftGos~ Itltolai~~!I ~:".".- ;;":'.~. ~.,.. ~~~ -,,~.~ .-_r , ~"""~;~~_. <, . ........,. "" - .-..""r.; - ~, " ~ .""",,,,,...~~_.s." ~ ~ ~i~J1J,L~~ IlI;;'-....,;.,,:...~'t,,(;...(..h,'ti~- tit',_~...OV';ei1<?_-~M~ :t Trench Safety System 9,420 LF $2 $18,840 8-in Gravity PVC Pipe 9,420 LF $150 $1,413,000 48-in Manhole 57 EA $4,500 $256,500 Mobilization/Demobilization 1 LS 5% $84,417 Temporary Erosion/Sedimentation Control 1 LS 3% $50,650 Traffic Control 1 LS 10% $168,834 Subtotal $1,992,241 Construction Contingency 1 LS 40% $796,896 Subtotal - Construction Costs $2,789,200 Sales Tax 1 LS 8.6% $239,871 Construction Budget - Preliminary Design Estimate $3,030,000 Engineering Design 1 LS 20% $606,000 Total Estimated Project Budget $3,636,000 1) Pipe prices per linear foot include all bedding, backfill, excavation, soil removal, surface restoration, existing utility relocation/avoidance allowance, and pipe costs. 2) No easements or land acquisition costs included. Pipelines and pump stations assumed in public rights of way. 3) For certain properties. the landowner would be required to install a low-pressure grinder pump to connect to City services. Costs for the grinder pumps are not included. City of Bremerton Sewer Urban Growth Area Planning 27 February 2008 HI~ 5.3 Garst UGA An opinion of probable construction and engineering cost for the recommended conveyance system for the Gorst UGA is presented in Table 15. Table 15. Opinion of Probable Cost for the Gorst UGA ~t.1!~~~iW"~J;.Ttelft:~~~~~1 ~r(Qua"'ritnt;;i1:1 !r4~IDJnt:f- ~wnIa~1istl ~liilaf!feb~{fi ~.[i;il:~~~i'{'ltl_'''''~'-~_~;'''~~~~@~~~'''~'lt;s:.\'!it~..........'\.,M~'1,.~~t.,...."~;r;."~-,~~~~ ~~""'"""'_""~;,",,.$2/i." _~'io.""_'"""";~"'-'~~ Trench Safety System 1 O-in Gravity PVC Pipe 12-in Gravity PVC Pipe 6-in HOPE Sewer Force Main 10-in HOPE Sewer Force Main 48-in Manhole S8-3 Pump Station S8-4 Pump Station 10,540 LF $2 7,380 LF $155 2,760 LF $160 200 LF $125 200 LF $150 35 EA $4,500 1 LS $750,000 1 LS $650,000 1 LS 5% 1 LS 3% 1 LS 10% Mobilization/Demobilization Temporary Erosion/Sedimentation Control Traffic Control Subtotal Construction Contingency $21,080 $1,143,900 $441,600 $25,000 $30,000 $157,500 $750,000 $650,000 $160,954 $96,572 $321,908 $3,798,514 LS 40% $1,519,406 1 Subtotal - Construction Costs Sales Tax 1 LS 8.6% Construction Budget - Preliminary Design Estimate Engineering Design $5,318,000 $457,348 $5,776,000 LS 20% $1,156,000 1 Total Estimated Project Budget $6,932,000 1) Pipe prices per linear foot include all bedding, backfill, excavation, soil removal, surface restoration, existing utility relocation/avoidance allowance, and pipe costs. 2) No easements or land acquisition costs included. Pipelines and pump stations assumed in public rights of way. 3) For certain properties, the landowner would be required to install a low-pressure grinder pump to connect to City services. Costs for the grinder pumps are not included. City of Bremerton Sewer Urban Growth Area Planning 28 February 2008 @{ 5.4 Homeowner I Developer Extension Costs An opinion of probable construction costs to be borne by the homeowner or developer of land for the recommended low-pressure grinder pump connection fees is presented in Table 16. Table 16. Homeowner I Developer Extension Cost Estimate _ir""~~_. )!j"M..7~?""t.:.~~""~.~~ ~~I.mWit.lI I![rti~1l9 ""W1'~ifG""'R"t'i r ,","~ t.~~:~ .:' .:..';";' .'~i,.;;-~I!!-iF~~..-.r ,,"-;-" ~~- ..~.t - ~',!~" t!.~:!lr;l!ty~ ~~.;;,>~ ~ .u;N,~~, ,_~"" ~~~"jt..~9.!fil; Package Grinder Station 1 EA $8,500 $8,500 1-1/4" Pipeline 100 LF $20 $2,000 Decommission Existing Septic Tank 1 LS $500 $500 Subtotal $11,000 Construction Contingency 1 LS 10% $1 ,1 00 Subtotal - Construction Costs $12,100 Sales Tax 1 LS 8.6% $1,041 Construction Budget - Preliminary Design Estimate $13,200 City of Bremerton General Facility Charge 1 LS $3,800 $3,800 Total Estimated Project Budget $17,000 1) Pipe prices per linear foot include all bedding, backfill, excavation, soil removal, surface restoration, existing utility relocation/avoidance allowance, and pipe costs. 2) Package grinder station costs include engineering design, excavation, uplift protection, pump station, pumps, electrical connections, and minor landscaping. 3) Pipeline length will vary for each property. 100-LF is an assumed length. 4) Upon completion of landowner built grinder pump station, landowner will provide City with an access easement, and turn over maintenance and operation of the grinder pump station to the City. City of Bremerton Sewer Urban Growth Area Planning 29 February 2008 I:iI~ 6.0 Funding If these proposed sewer system improvements are funded through rates, the impact on residents and businesses in the area could be significant. Because of this, the City is evaluating revenue strategies to supplement existing sources to fund these wastewater system projects. This section discusses the potential funding sources available to the City including federal, state and internal sources. Funding of these projects should be balanced against the financial rate impacts to wastewater customers. 6.1 Potential Funding Sources The City of Bremerton is examining existing and additional revenue strategies it may want to consider when funding future wastewater system projects. This section discusses the potential funding sources available to the City including federal, state and internal sources. Table 17 outlines the federal and state loan and grant programs available for planning, construction and emergency projects. All of them are low-interest or no-interest programs. Due to the fact that these sources rarely provide full funding of a construction project, the City will need to supplement any of these funding options with other sources of revenue to cover the total costs of any upcoming wastewater system projects. City of Bremerton Sewer Urban Growth Area Planning 30 February 2008 liI\ Table 17. Funding Programs at a Glance Public Works Board PWTF On-going, pending Upon Board $ availability (due $100,000 0% None 6 Years 18 Months Planning 5th of each month approval On-going, pending 0.5 - 2% 5 - 15% linked to 5 Year maximum, or PWTF Pre- $ availability (due Upon Board $1 Million linked to interest rate 20 years with proof 18 Months Construction 5th of each month) approval local match (minimum of 5%) of construction financin PWTF Annual - due in Upon Legislative 0.5 - 2% 5 - 15% linked to Life of the project or approval - $10 Million linked to interest rate 48 Months Construction May followin s rin local match minimum of 5% 20 years maximum PWTF On-going, pending Upon Board Life of the project or $ availability (due $500,000 0-3% None 12 Months Emergency 5th of each month approval 20-year maximum Department of Ecology Centennial Annual - due in the Upon Legislative 30-60% of 25% for grant, 0-5 years or 5-20 Clean Water Fall approval - Varies2 average None for Loan 5 Years Fund following spring market rate3 years State Water Pollution Annual - due in the Upon Legislative 30-60% of 0-5 years or 5-20 Control approval - Varies4 average None 5 Years Revolving Fall following spring market rate3 years Fund Department of Housing and Urban Development Public service - Community Annual - due end Upon City calendar year, Development of August Council approval Varies5 None None Calendar year CIP- Block Grant - following year reasonable timeframe City of Bremerton 31 Sewer UGA Planning Study February 2008 fill Revenue Bonds None Municipal Financing Upon loan None Market None approval Upon loan None Market None approval Upon loan Voter approval N/A N/A approval required6 20-30 years N/A General Obligation Bonds None 20 years N/A Utility Local Improvement District None N/A N/A 1. Loan limits are per jurisdiction, per biennium. 2. $500,000 if the match for the grant is in the form of cash or interlocal cost, $250,000 if any part of the match is in the form of in-kind goods or services, $500,000 for activities project loans. 3. 30% of average market rate for a 0 - 5 year loan, 60% average market rate for a 5 - 20 year loan. 4. Not more than 50% of available funding to anyone applicant, no more than $5 million for smaller combined design-construct projects, no more than 50% of available funding for water pollution control activities. 5. City of Bremerton has a total of $500,000 to distribute to all approved applicants. 6. The maximum amount of an ULlO is unlimited with funding coming from voter-approved assessments on properties within the district. City of Bremerton Sewer UGA Planning Study 32 February 2008 li11 6.2 External Sources of Funds In the past, the City has been effective at securing grant and loan funds and should continue to closely monitor future opportunities to obtain these potential funding sources. Table 18 provides a summary of the contacts for the various funding agencies. Table 18. Funding Agency Contacts Centennial Clean Water Fund Drinking Water State Revolving Fund Public Works Trust Fund Infrastructure Database Department of Ecology P.O. Box 47600 01 mia, WA 98504-7600 Department of Ecology P.O. Box 47600 Olympia, WA 98504-7600 Public Works Board P.O. Box 48319 01 mia, WA 98504-8319 Infrastructure Assistance Coordinating Council (IACC) P.O. Box 48319 01 mia, WA 98504-8319 (360)407-6566 www.ecy.wa.gov (360)407-6566 www.ecy.wa.gov (360 )586-7186 www.cted.wa.gov www.pwb.wa.gov (360)586-4123 www.infrafunding.wa.gov 6.2.1 Centennial Clean Water Fund The Centennial Clean Water Fund (CCWF) provides funding to local governments and tribes for measures to prevent and control water pollution. Both grants and loans are available on a yearly funding cycle. CCWF is the largest State Grant Program. It provides grants for planning, design, and construction of facilities and other activities related to water quality. The primary focus of the program is pollution prevention and funding projects with a quantifiable water quality benefit. In September 2005, the CCWF began the process of revising the rules which guide the direction of the funding program. The CCWF recently completed the public comment period on the changes. Proposed changes are to respond to existing and merging priorities and financial management needs including, adding new loan and grant eligibilities, additional best management practices, redistribution of program funding allocation between facilities and activities projects, providing added flexibility to the application process. These changes have been adopted and became effective for the funding cycle beginning September 1, 2007 for FY 2009. Each public body is limited to a maximum of five funded projects per year, with a maximum of $2.5 million available for each of two projects, and a limit of $250,000 per project for the remaining three projects. Grant funding of 50 to 75 percent of a project is available depending on the type of project. Previously, funding from this program was not available to provide excess capacity, but only to meet existing residential needs. The new language allows for projects which address water quantity issues if they will improve the water quality. Funds are available to protect a source of water supply or for water conservation or water reuse projects, if they can be shown to be a cost-effective way to solve a water quality problem. City of Bremerton Sewer UGA Planning Study 33 February 2008 Iil~ 6.2.2 State Water Pollution Control Revolving Fund The State Water Pollution Control Revolving Fund (Revolving Fund) was created to provide loans to finance the planning, design, and/or construction of water pollution control facilities, non point source pollution control management projects that implement Washington's water quality management plan, and to develop and implement a conservation and management plan. Nonpoint source water pollution refers to pollution that enters any waters of the state from any dispersed water-based or land-use activities, including, but not limited to, atmospheric deposition; surface water runoff from agricultural lands, urban areas, and forest lands, subsurface or underground sources; and discharges from boats or other marine vessels. 6.2.3 Public Works Trust Fund The Public Works Trust Fund (PWTF) Loan program is a loan program set up by the Legislature to assist cities, towns, counties, or special districts with funding for different types of public works projects. The projects may include streets, roads, drainage systems, water systems, or sanitary sewer systems. Projects that replace and/or repair existing water and sewer systems are given priority. No funds will be allocated to install a new system. Rather, funds will be granted to rehabilitate or replace an existing system serving an existing population. Interest rates for these loans are typically two percent or less for a maximum term of 20 years for applications requesting 95 percent funding of the project. The interest rate decreases to 0.5 percent when municipalities provide 15 percent of the project funding. Debt service coverage is not imposed on the PWTF loan. As a minimum, the PWTF requires that cities impose a 0.25 percent excise tax on the sale of real property and have a well defined capital improvement program for the utility. The board may also make low-interest or interest-free loans to local governments for emergency public works projects. Emergency public works projects shall include the construction, repair, reconstruction, replacement, rehabilitation, or improvement of a public water system that is in violation of health and safety standards and is being operated by a local government on a temporary basis. The loans may be used to help fund all or part of an emergency public works project less any reimbursement from any of the following sources: (1) Federal disaster or emergency funds, including funds from the Federal Emergency Management Agency (FEMA); (2) state disaster or emergency funds; (3) insurance settlements; or (4) litigation. 6.2.4 Community Development Block Grants The Community Development Block Grant (CDBG) program was developed in 1974 to provide communities with resources to address a wide range of unique community development needs. The Entitlement Communities, of which Bremerton is one, receive an annual allocation of grants to develop viable communities by providing decent housing, a suitable living environment and opportunities to expand their economic opportunities. These grants are principally for low and moderate income persons. As part of the funding process, the applicants attend a mandatory workshop to receive detailed information on the application process. Projects must be utilized to assist those below 50% of the median income level. The applications are then reviewed by a Community Advisory Committee and those chosen for further consideration are moved along in the process. Part of the approval process is to identify how the agencies are City of Bremerton Sewer UGA Planning Study 34 February 2008 H11 using other funding sources to pay for their programs. The next step is a public comment period and is followed by final City Council approval. 6.2.5 Infrastructure Assistance Coordinating Council Many programs exist with funding available for sewer utility capital projects. A key resource in identifying such programs is the Infrastructure Assistance Coordinating Council (IACC). The IACC comprises state and local organizations whose function is to provide funding for infrastructure repair and development. The purpose of the IACC is to assist local governments in coordinating funding efforts for infrastructure improvements. This is an important resource as the IACC will be aware of any new funding opportunities that may arise. 6.2.6 Municipal Financing Municipal bonds are commonly used in financing long-term capital improvements for publicly owned systems. As with conventional loans, a municipality or public utility agrees to repay the lender the face value of the municipal bond plus interest. Historically, municipal bond interest proceeds and payments have been exempt from federal income tax. Therefore, these bonds have been generally issued at lower interest rates than bonds issued by private institutions. Debt service is based on the annual principal and interest payments needed to retire the bond. The bonds can be general obligation, revenue, or assessment. 6.2.6.1 General Obligation Bonds General obligation (GO) bonds can be issued only by a unit of government. The issuer secures it with an unconditional pledge to levy whatever taxes are necessary to pay principal and interest. This "guarantee" is viewed as the safest pledge available. 6.2.6.2 Revenue Bonds Revenue bonds are issued with the premise that revenues from current users of the system should pay for improving or replacing the system rather than placing the burden on the general taxpayer. Bond payments are normally made from revenues such as monthly user charges and special fees, which are generated by the project being financed. No general property taxes are levied or pledged as a backup. Revenue bonds normally require the utility to provide further security in the form of a "debt service reserve," which is usually equal to a one-year requirement of principal and interest. This reserve may be completely funded initially or over time on a fixed schedule. Revenue bonds generally do not require voter approval. Normally, there are no legal limitations on the amount of revenue bonds to be issued, but the accumulated issuance of excessive amounts may be unattractive to bond buyers because they may represent high investment risks. In addition, extensive use of revenue bonds may result in user charges which are unacceptably high to system customers. These bonds are generally issued at a higher interest rate than are GO bonds. They normally include financial covenants insuring that proper operation and maintenance of the utility is accomplished through the collection of funds above that for the debt service. This additional income is referred to as debt service coverage and may range from 25 to 50 percent of the total debt service. City of Bremerton Sewer UGA Planning Study 35 February 2008 @'1 6.2.6.3 Assessment Bonds When a project involves wastewater system improvements for adjacent properties, such as wastewater lines extending in front of residential-type development, funding is often accomplished through formation of an improvement district (10). An 10 bond is issued as a revenue bond and can be paid back from assessments against the properties benefited, or the utility may elect to use monthly user rates and revenues of the system to pay the bonds. The principle of charges for improvement district bonds is that the charge against the property must equal the benefit. Most states have very strict procedures for establishing the collection of bond funds. 6.3 Internal Funding Sources Internal funding sources available to offset capital costs include existing reserves and fees received from new wastewater connections and existing reserves. The City's wastewater connection fees or system development charges (SOCs) should be reviewed every few years to ensure they are consistent with system planning criteria and are keeping pace with inflation. A key indicator of financial health and viability is a utility's reserve levels. Industry standards (American Waterworks Association - AWWA) recommend that utilities maintain working capital reserves at a level adequate to handle unexpected occurrences, including unexpected cash flow fluctuations. The City currently has a policy of maintaining a cash balance of no less than 12% (45 days/365 days) of O&M expenses and repair and replacement reserves of 15% (55 days/365 days) of the total utility's operating budget. The operating reserves protect the utility against shortfalls when expenses need to be paid before revenue is received. The operating reserve can also be used to cover unanticipated operating expenses or lower than expected revenue collections. The minimum level is a financial measure or guideline to alert management when it is time to take action to assure the operating fund will not continue to decline. Repair and replacement reserves are used to fund the cash flow requirements of capital infrastructure construction. These reserves can increase and decrease significantly depending on funding sources available and the capital projects that are planned during the year. The minimum funding level should be based on the average annual capital expenditures for renewal and replacement of the utility's existing facilities. Annual depreciation expense is a guideline for annual capital expenditures for renewal and replacement projects. The City should maintain the minimum balance for both of these reserves to meet the fluctuating financial requirements of the City. The timing and funding of the two minimum target reserve levels should be balanced against the potential rate impacts of the funding of capital improvements from rates. The utility should clarify its financial planning goals by establishing a target or minimum funding level for each reserve fund. Any use of these funds for capital projects should be evaluated against the impacts to these minimum target reserve levels. Table 19 outlines internal sources of funding the City might wish to consider to supplement the loans and grants discussed above. Implementation of these strategies could have far-reaching effects as some interfund transfers may require significant cuts from some programs, departments or levels of service in order to fund wastewater projects. City of Bremerton Sewer UGA Planning Study 36 February 2008 liI~ Table 19. Potential Funding/Revenue Strategies Wastewater Operating Fund Wastewater Capital Reserve Fund Developer Extension Reallocation of Existing Revenues/Funds Existing revenues are user rates, fees, miscellaneous revenues and loans. Some of these monies may be reallocated through transfer to the wastewater capital projects fund in order to fund wastewater projects. At least 50% of the wastewater operating fund must be self supporting fro user charges. No City policy is to maintain minimum target reserve levels of 12% of O&M. No May require cuts in other programs and levels of service. City policy is to maintain minimum target reserve levels of 15% of total operating budget for future repair and replacement projects. Existing revenue sources are from wastewater operating fund transfers, grants, system development charges and debt proceeds from loans to pay for capital projects. System development charge revenue must pay for growth related portion of ro'ects. Other Options Extensions to the wastewater collection system would be the responsibility of the develo ers No Requires the ability and mechanism to achieve higher density within the City's urban growth areas. This section outlines the various funding sources, internal and external, available to the City for future wastewater projects. The City has been proactive in its financial management in the past. It has demonstrated its commitment to responsible management of the utility by funding adequate levels of operations, capital and reserves. Continued fiscal management will enable the wastewater utility to operate on a financially sound basis. All funding sources, both external and internal, should be reviewed for potential rate impacts to customers and to the City's current financial policies. City of Bremerton Sewer UGA Planning Study 37 February 2008 @]. 7.0 Conclusion This report amends the 2006 Kitsap County 10- Year Comprehensive Plan Update (Comprehensive Plan) by providing a sanitation strategy for the Gorst UGA and portions of the West Bremerton UGA. Additional sewers and pump stations as identified in this report will be required to provide sewer service for the population projected for the West Bremerton UGA and Gorst UGA through 2025 as stipulated by the Comprehensive Plan. City of Bremerton Sewer UGA Planning Study 38 February 2008 lil\ 8.0 References Kitsap County 10-Year Comprehensive Plan Update, December 2006. Brown and Caldwell. Kingston Wastewater Facilities Plan Addendum Technical Memorandum, August 2007. Karcher Creek Sewer District 2007 Comprehensive Sewer Plan Technical Addendum, December 2007. Washington State Department of Ecology. Criteria for Sewage Works Design. November 2007. Metcalf and Eddy. Tchobanoglous, G., Burton, F.L., and Stensel, H. D. Wastewater Engineering Treatment and Reuse Fourth Edition. New York, NY. McGraw-Hili 2003. Fair, G.M. and Gayer, J.C. Water Supply and Wastewater Disposal, First Ed., New York, NY. John Wiley and Sons, Inc., 1954. King County. 2001/2002 King County Regional Infiltration/Inflow Control Program Wet Weather Technical Memorandum. City of Bremerton Sewer UGA Planning Study 39 February 2008 DATE SUBMITTED: February 1,2008 BILL # QY6-D51 AGENDA BILL CITY OF BREMERTON CITY COUNCIL t;f ..........a............m.....m.......................................................... SUBJECT: Real Estate Purchase and Sale Agreement with Earnest Money Provision with the Bremerton Area Chamber of Commerce Committee Meeting Date: February 27,2008 COUNCIL MEETING Date: March 5, 2008 Depmiment: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUM"MARY: On November 28, 2006, the City entered into a lease with option to purchase with the Bremerton Area Chamber of Commerce for the fonner DCD building located at 286 4th Street in Bremerton. The Chamber has exercised its option to purchase the property for the appraised value of $360,000. The proposed purchase and sale agreement sets out the terms ofthe sale. ATTACHMENTS: 1. January 18, 2008 Correspondence from the Bremerton Area Chamber of Commerce 2. Proposed Real Estate Purchase and Sale Agreement with Earnest Money Provision FISCAL IMPACTS (Include Budgeted Amount): The Contingency Reserve Fund will receive the proceeds from this sale, which will be $360,000 less closing costs. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: CONSENT AGENDA GENERAL BUSINESS tJ PUBLIC HEARING D COMMITTEE CHAIR COUNCIL PRESIDENT: RECOMMENDED MOTION: Move to approve the Real Estate Purchase and Sale Agreement with Eamest Money Provision between the City of Bremerton and the Bremerton Area Chamber of Commerce and authorize the Mayor to finalize and execute the agreement with substantially the same tem1S and conditions as presented. COUNCIL ACTION: D Approve D Deny D Table D Continue D No Action ~-~ ~~ Bremerton Area Chamber of Commerce Helping businesses achieve success since 1907 Bremerton Area Chamber of Commerce 286 Fourth Street P.O. Box 229 Bremerton WA 98337 Phone: (360) 479-3579 Fax: (360) 479-1033 www.BremertonChamber.org January 18, 2008 Mayor Cary Bozeman City of Bremerton 345 6th Street, Suite 600 Bremerton W A 98337 Dear Mayor Bozeman, The Bremerton Area Chamber of Commerce entered into a lease agreement with the City of Bremerton on November 28, 2006 for building located at 286 Fourth Street. Section 19 of the lease titled "Option to Purchase", gives the Chamber the option to purchase the building prior to the end of the initial lease term, which is November 30,2009. The purchase price established in the Option to Purchase is $360,000. Please be advised that the Bremerton Area Chamber of Commerce has decided to exercise the Option to Purchase. Our intended date for closing is targeted for no later than Friday, April 30, 2008. Please let us know with whom we should work to finalize the purchase. The Chamber is very pleased to have an established location in Downtown Bremerton and is looking forward to continue working with the City of Bremerton to make the Bremerton area a great place in which to live and do business. Respectfully yours, \ C.} Ac~Jr?'i ~ (l 0 ~~~.~~ AnnaLee Todd President A T/sk REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION (DCD Building) This agreement controls the terms of the sale of real property. (Please read carefully before si2nin2.) This Agreement is entered between the CITY OFBREMERTON, a Washington municipal corporation ("Seller"), and the BREMERTON AREA CHAMBER OF COMMERCE, a non- profit corporation ("Buyer"), for the sale and purchase of real property as follows: 1. PROPERTY. The property, which Buyer agrees to buy and Seller agrees to sell, is commonly known as the DCD building located at 286 4th Street, Bremerton, Washington (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. Buyer agrees to buy the property and assume title to the same in its current condition, "as is". 2. EARNEST MONEY. Received from Buyer, Five Thousand and NollOO Dollars ($5,000.00) as earnest money and part payment on the purchase price for the Property. 3. PURCHASE PRICE. The total purchase price for the Property is Three Hundred Sixty Thousand Dollars ($360,000.00), including earnest money, payable on closing. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. Should any of these contingencies not be met prior to closing, then this Agreement shall terminate except neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Transnation Title Insurance Company, whose address and telephone number is 9619 Levin Road NW Silverdale, Washington 98383, (360 692-4556), to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price ofthe Property. The cost of this policy shall be paid from Seller's funds at Closing. If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights REAL ESTATE PURCHASE AND SALE AGREEMENT Page 1 of5 reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Taxes for the current year, rents, interest, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. With the understanding that time is of the essencefor this agreement, this sale shall be closed by April 30, 2008, which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with Transnation Title Insurance Company all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUAL TY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to full possession on closing. 11. SELLER'S REPRESENTATIONS. Seller represents that: (a) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the subject property, and (b) the property is not encumbered by any leases with the exception of Buyer's lease. 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no representations as to the environmental condition of the property. This provision shall survive closing. 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event oflitigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 2 of5 14. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. The Seller makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Buyer acknowledges that Buyer has or has had the opportunity to consult with an attorney regarding Buyers rights and obligations in this agreement. 15. BROKERS FEES/COMMISSIONS. Buyer agrees to indemnify, defend and hold harmless Seller with respect to any claim by any person or entity claiming through Buyer to be entitled to a commission with respect to the transaction contemplated by this agreement. 16. NON-MERGER. The terms, conditions, and provisions ofthis Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 17. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Seller shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Buyer shall be addressed as follows: Bremerton Area Chamber of Commerce Attn: 286 Fourth Street PO Box 229 Bremerton, W A 98337 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 3 of5 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 20. DATE OF MUTUAL ACCEPTANCE. For the purposes ofthis Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: BUYER: THE CITY OF BREMERTON BREMERTON AREA CHAMBER OF COMMERCE By: Cary Bozeman, Mayor By: Its: Dated: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R:\Legal\Legal\Files\Current Active Files\286 4th Street\REPSA.doc REAL ESTATE PURCHASE AND SALE AGREEMENT Page 4 of 5 EXHIBIT A LEGAL DESCRIPTION Lot 3 and the west 17/1 oath (.17) of a foot of Lot 4, Block 6, Plat of the Town ofBremerton, according to the plat thereof, Kitsap County, Washington and recorded in Volume 2 of Plats, Page 30, records of said county. REAL ESTATE PURCHASE AND SALE AGREEMENT Page 5 of 5 AGENDA BILL CITY OF BREMERTON CITY COUNCIL o g- 05d-... DATE SUBMITTED: February 6, 2008 BILL # ~A ........................................................................................ SUBJECT: Ordinance No. ~ amending BMC Chapter 13.08 titled "Watercraft on Kitsap Lake" Committee Meeting Date: Feb. 13,2008- FeJo ~7. :2..009 COUNCIL MEETING Date: Feb 2~0illL Mo..~ S 1.001 Department: Parks and Recreation ( Presenter: Wyn Birkenthal Phone: (360) 473-5752 SUMMARY: Increased boating and personal watercraft usage on Kitsap Lake has created safety and noise level issues having a negative impact on recreational users and adjacent residents. Revisions to Chapter 13.08 would limit the size of vessels to 25 feet in length and require vessels to have an underwater exhaust system. Boats participating in races and regattas authorized by the City are exempt from the 25 foot size limitations, noise limitations and exhaust requirements. The proposed ordinance incorporates by reference the provisions ofRCW 79A.60 governing vessel operation in Washington and allows the Parks Director to approve applications for races and regattas subject to meeting the requirements ofBMC Chapter 13.08 and the requirements ofthe Police, Fire Department, and Risk Manager. ATTACHMENTS: Proposed Ordinance ~O . 504\ -;- -- FISCAL IMPACTS (Include Budgeted Amount): None ------- .. APPROV ALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA 0 GENERAL BUSINESS ~ PUBLIC HEARING 0 RECOMMENDED MOTION: Move to approve Ordinance No. 504l amending BMC Chapter 13.08 relating to watercraft on Kitsap Lake. COUNCIL ACTION: 0 Approve 0 Deny 0 Table o Continue 0 No Action A~J\f:,~lOED ORDINANCE NO. 504 I AN ORDINANCE of the City Council of the City of Bremelion, Washington, amending Chapter 13.08 of the Bremel10n Municipal Code entitled "Watercraft on Kitsap Lake". WHEREAS, increased boating and personal watercraft usage on Kitsap Lake has created safety and noise level issues having a negative impact on recreational users and adjacent residents; and WHEREAS, the City Council desires to update the provisions of Chapter 13.08 of the Bremerton Municipal Code relating to vessel length, exhaust systems and the approval of race and regatta applications; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 13.08 of the Bremerton Municipal Code entitled "Watercraft on Kitsap Lake" is hereby amended to read as follows: Chapter 13.08 'VATERCRAFTRECREATIONAL VESSELS ON KITSAP LAKE 13.08.010 DEFINITIONS. As used in this chapter the following terms shall have the meaning ascribed to them by this section: (-l-.~) "\VatercraftVessel" means any contrivance, excluding aircraft other than aircraft, used or capable of being used as a means of transportation or recreation on water, including model craft, powered by an internal or external engine and personal watercraft. However, it does not include inner tubes, air mattresses, sailboards, and small rafts and floatation devices or toys customarily used by swimmers.':" {Q} "Personal Watercraft" means a watercraft of less than sixteen feet that uses a motor powering a water iet pump as its primary source of motive power and that is designed to be operated by a person sitting, standing, or kneeling on, or being towed behind the watercraft, rather than in the conventional manner of sitting or standing inside the watercraft. (2-9) "Sunrise/Sunset" shall be defined as that prescribed for sunrise/sunset in Kitsap County by the Director of the Nautical Almanac at the United States Observatory at Washington, D.C. (Jg) "Aquatic event" or "Regatta" means any organized water event of limited duration which is sanctioned by duly constituted authority and which is conducted according to a prearranged schedule and in which general public interest is manifested. (4~) "Diver's flag" means a flag that is nationally recognized as being a diver's flag. (~f) "Scuba diving" shall mean that an individual utilizes a self-contained underwater breathing apparatus while swimming underwater. (eg) "Water Ski" means all forms, manners, means or contrivances of person or persons being towed behind a "vatcrcraftvesseI. 1 Watercraft 011 Kitsap Lake (1h) "Buoy" means a float, colored, moored in such a manner as to designate a definite channel or guide for navigation. Said "buoy" to be of sufficient size to be readily seen from a minimum distance of 100 yards from a moving watercraftvessel. 13.08.020 MANNER OF OPERATION. (a) It is unlawful to operate a watercraftvessel in a negligent manner or manipulate any vessel, water skis, surfboard, or similar device in a disorderly, grossly indifferent or negligent manner so as to endanger the life, limb or propeliy of any person. (b) It is unlawful to operate a watercraftvessel for the towing of water skiers without the presence of another responsible person other than the operator of the ereftvessel. Skiers shall be towed in a safe maImer in a counter-clockwise rotation. (c) No person shall operate a \vatercraftvessel at a speed greater than is reasonable and proper under the conditions at the time and place of operation. Factors that may be considered so as to prevent unreasonably endangering persons or property or other rights of any person entitled to the use of such '.vaters, and freedom from obstruction to yiew ahead. In no case shall speeds exceed 45 m.p.h. (d) A no wake zone shall be established along the perimeter of the lake and will be marked by buoys at a minimum 200 lineal feet from shore, unless reduced for safety considerations by the Parks Director. At the south end of the lake, buoys will be placed at a reasonable distance from vegetation at the discretion of the Parks Director. (e) It shall be unlawful to operate a watercraftvessel within the no wake zone in excess of "no wake speed"any maImer causing a wake, provided, however, that this limitation shall not apply to watercraftvessel operators pulling waterskiers for takeoff and landing at an angle no less than forty-five (45) degrees from the shoreline where executed with due care. These speed restrictions will not apply to emergency vessels, enforcement vessels, regattas, races, or aquatic events approved through the procedures set forth in this Chapter. (e1) It is unlawful for any person to operate any vessel or ',vatercraft or manipulate any water skis, surfboard, or similar device while: (1) Having a 0.M08 percent or more by weight of alcohol content in their blood as shown by chemical analysis of their breath, blood, or other bodily substance made under RCW 16.61.50679A.60.040, as now or hereafter amended; or (2) Being under the influence of or affected by intoxicating liquor or any drug; or (3) Being under the combined influence of or affected by intoxicating liquor and any drug. A violation of this subsection shall be a misdemeanor punishable as provided in BMC 1.12.020. (fg) It is unlawful for the owner of any watercraftvessel or any person having such 'ovatercraftvessel in his or her charge or control, to authorize or knowingly permit the same to be operated by any person who is under the influence of intoxicating liquor or any drug. (gh) It shall be unlawful for any person owning or in charge of a "vatercraftvessel to knowingly authorize the same to be operated by any person who, by reason of a physical or mental disability would be incapable of safely operating such watercraftvessel. (Hi) \VatercraftVessels operating between sunset and 8:00 a.m. shall not operate in any manner causing a wakebe limited to no wake speed. Provided, however, this limitation shall not apply to emergency vessels or enforcement vessels. 2 Watercraft 011 Kitsap Lake These hours of operation shall be reviewed annually by the Parks and Recreation Board and recommended amendments, if any, referred to the City Council. (ti) W atercraftV esse Is must raise a ski observer flag after a person being towed by the vessel falls. when pulling skiers. 13.08.Q30 VIOLATIONS Except as otherwise provided, violations of this Chapter are civil infractions pursuant to BMC 1.12.020. 13.08.031,0 NOISE CONTROL/EXHAUST. Watercraft must comply 'Nith WAC 173.70 and shall be enforced by VI AC 173.58. No vessel shall be operated upon Kitsap Lake unless it has an underwater exhaust system. Thisese provision~ shall not apply to watercraftvessels actually competing in an authorized race or regatta or authorized testing for that race or regatta. 13.08.050 SIZE LIMITATION. The maximum allowable length for vessels upon Kitsap Lake shall be Twenty-Five (25) feet. Vessel measurement shall be from the tip of the bow to the stem of the vessel down the centerline but not including boomkins. swim ladders~ outboard engines. outdrives. or other extremities. This provision shall not apply to vessels actually competing in an authorized race or regatta or authorized testing for that race or regatta. 13.08.04~0 SAFETY RULES AND REGULATIONS BY REFERENCE. All \vatercraftvessels operated and used upon waters of the City of Bremerton shall, in all respects, conform to the requirements of Washington s.s.tate law. including. but not limited to. RCW 79A.60. 13.08.0~10 SCUBA DIVING. Persons engaging in scuba diving shall mark the water areas where such operations are being conducted with "divers flags" of sufficient size so that they may be seen at a distance of not less than one hundred yards under normal visibility conditions; provided, that where "scuba diving" operations are conducted between the hours of sunset and sunrise, artificially illuminated marker "buoys" shall be provided which are visible at a distance of not less than one hundred yards under normal visibility conditions. "Scuba diving" shall not be conducted so as to unreasonably interfere with normal operation~ of watercraft vessels. 13.08.0(}~0 DUTY TO OBEY LAW ENFORCEMENT OFFICER. (-l-~) Any person operating a watercraftvessel requested or signaled to stop by a law enforcement officer has a duty to stop. The signal given by tfle-Iaw enforcement may be hand, voice, emergency light or siren. (~12) No person shall willfully fail or refuse to comply with any lawful order or direction of any duly authorized law enforcement officer. ' (Jg) Any person requested to identify himselfto a law enforcement officer pursuant to an investigation of a violation of this chapter has a duty to identify himself, give his current address, and sign an acknowledgement of receipt of the notice of violation. 3 Watercraft on Kitsap Lake 13.08.0120 REPORTING OF ACCIDENT~. Any person who operates ~ wutercraftvessel and collides with the property of another, and causes damage of $500.00 or more shall, within twenty-four hours, report such collision to the Bremerton Police Depariment. Any persons who operate~ '.vutercraftvessel and collide~ with any other watercruftvessel thereby causing any personal injury to a person other than him or herself, shall immediately report the incident to the Bremerton Police Department. 13.08.()8()100 REGATTAS, RACES OR AQUATIC EVENTS - APPLICATIONS. Applications for regattas, races, or aquatic events shall be submitted under the conditions set forth in this Section. (+~) Submission of Application. An individual or organization planning to hold a regatta, race, or aquatic event which, by its nature, circumstance, or location may introduce extra or unusual hazards to the safety or life on the waters of Kit sap Lake, shall submit an application to the City Clerk. (~Q) Applications shall be submitted on forms provided by the City Clerk and shall be submitted no less than ninety (90) days prior to the start of said event and, in any case, not later than the first day of the month of May of the year of the event provided, however, the City Council may waive this time requirement for a written application received prior to the effective date of this Section, so long as a formal City application is submitted by June 15th and at least two (2) weeks prior to the event. Each application shall be accompanied by a permit of $150.00 to be paid to the City Clerk along with the application. (J.f) The application shall include the following details: (aD The name and address of the sponsoring organization; (92.) The name, address and telephone number of the person or persons in charge of the event; (eJ) Nature and purpose of the event; (d~) Information as to general interests; (e~) Estimated number and types of watercraft vessels participating; (fQ) Estimated number of spectator watercraftvessels; (gl) Estimated number of persons, participants and all others; (h~) Minimum number ofOOatsvessels and persons being furnished by sponsoring organization to patrol the event; 0:.2) A time schedule and description of events; (j 10) A section of a chart or scale drawing showing the boundaries of the event, various water courses or parking areas and areas to be utilized by participants, officials and spectators; (k11) A certificate of insurance showing that the applicant has obtained public liability and property damage insurance for the payment of all damages which may be caused either to person or persons, or to property, by reason of said event and to ensure that the requirements for markers, rescue equipment, or other safety conditions stated in the application finally approved as actually provided. The insurance policy required pursuant to this section shall name the City as an additional insured and the City shall be notified by the insurer at least twenty (20) days prior to any cancellation of the insurance. The insurance policy shall also contain a standard fornl cross- liability endorsement. Such insurance shall contain a minimum coverage of $500,000.00 per 4 Watercraft 011 Kitsap Lake occurrence; provided, however, that in the event the applicant desires to have a hydroplane race, the minimum coverage shall be $1,000,000.00 per occurrence. (4~D A $1,000.00 performance bond, or $1,000.00 cash deposit, shall be posted by the applicant to ensure that the aforementioned conditions ofthe application and pelmit are followed by the applicant. Following the conclusion of the event said $1,000.00 perf0l111anCe bond, or cash deposit, shall be refunded if all conditions have been perf0l111ed to the satisfaction of the City. (~~) Upon receiving an application to hold a regatta, race or aquatic event, the City Clerk's office shall forward the application to the police department, fire department, risk manager, and the parks department. (6.0 The fire department will make the following determinations, in writing, and send said detel111inations to the parks department superintendent. (al) Whether the proposed regatta, race or aquatic event may be held on Kitsap Lake safely or whether the interest of safety of life or property requires changes in the application before it can be approved; (\72) The extent of paramedic services shall be determined by the fire chief; (eJ) Whether rescue boats are needed and, if so, the number of required rescue boats; provided, however, that at least two rescue boats positioned as determined by the fire chief shall be required for hydroplane races. The equipment, boats and manpower for these rescue boats shall comply with all applicable state and federal laws, and shall be provided by the applicant; provided, that the applicant will allow Bremerton police and fire personnel to ride in the boats as directed by the fire chief. The rescue boats shall be equipped with fire protection equipment determined necessary by the fire chief. (1g) The police department will make the following determinations and will send such determinations to the parks department in writing: (al) Whether the proposed regatta, race or aquatic event may be held on Kitsap Lake safely or whether the interest of safety of life or property requires changes in the application before it can be approved. (\72) Whether closure of the lake or a portion thereof is warranted and steps needed to be taken by the applicant in the way of buoys or shore barriers to protect the public; provided, that the parks department will be responsible for posting the closure or partial closure of the lake at least thirty (30) days prior to the designated event and for notifying the F.A.A. of the lake's closure. (eJ) The amount of law enforcement and manpower supplied by the applicant needed to enforce closure or partial closure of the lake, to include required traffic control in the immediate area of Kitsap Lake. (&h) The Risk manager shall determine whether the insurance provided by the applicant is adequate and will send such determination, in writing, to the parks department. (9i) The Parks Department shall communicate the requirements imposed by the fire, police, parks department, and risk manager to the applicant and shall add these requirements to the application. The Parks Department shall then forward the application along "'lith these recommendations to the City Council. ' (-l-Gi) The City Council may authorize the approval of any application subject to the minimum requirements imposed by this section, as well as additional requirements recommended by the police, fire and parks department, and the risk manager, or they inay deny 5 Watercraft 011 Kitsap Lake the pcrmitIfthe application meets the requirements of this chapter, the Parks Director, or his or her designee, is authorized to grant the application and issue a pel111it. (+-l-k) If the permit is granted subject to the conditions set forth in subsection 10this section, the fire~-ef police or parks department may revoke the permit in the name of the City if, at any time, the applicant, sponsor, or participant in such event violates any of the conditions contained in the application. SECTION 2. Severability. If anyone or more sections, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of ,2008 WILL MAUPIN, Council President Approved this day of ,2008 CARY BOZEMAN, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the EFFECTIVE the ORDINANCE NO. day of day of ,2008 ,2008 R:\Legal\Legal\Ordinances\Parks\2007 Watercraft on Kitsap Lake.doc 6 Watercraft 011 Kitsap Lake