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HomeMy WebLinkAbout07/18/2012 AGENDA 0044 00 o• o CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 JULY 18, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING: 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 FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 SHORELINE MASTER PROGRAM UPDATE — " Ecology Requirements & Research Documents" — Nicole Floyd, City Planner II, Department of Community Development 4 PUBLIC RECOGNITION 5 MAYOR'S REPORT 6 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — June 20, 2012 C Minutes of Study Session — June 27, 2012 D Minutes of Special Meeting — July 11, 2012 E Minutes of Study Session — July 11, 2012 F Appointments of Kelli Lambert, Bob Dollar, and Michael Goodnow to the Community Development Block Grant (CDBG) Recommendation Committee G Resolution No 3175 granting consent and approval of owner transfer from Sandler Capital Management to Oak Hill Partners (Franchise Agreement) H Award Contract to Stan Palmer Construction, Inc for construction of the "Highway Safety Improvement" Project I Award Contract to Valmont Industries, Inc for installation of the radio tower antenna on the 100 -foot self supporting Tower at 100 Oyster Bay Avenue - J Professional Services Agreement with HDR Engineering, Inc for 2012 Wastewater System Comprehensive Plan Update 7 PUBLIC HEARINGS A Ordinance No 5187 amending Chapter 20 04 of the Bremerton Municipal Code (BMC) titled "State Environmental Policy Act" B Resolution No 3176 adopting the 2013 -2018 Six -Year Transportation Improvement Plan C Consideration of Protests regarding Utility Underground Conversion Continued on back... Amencans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting 8 GENERAL BUSINESS A Award Contract to Stan Palmer Construction, Inc for Low Impact Development Projects and Water /Sewer Replacements (Pacific Avenue & E 11th Street LID) B Real Estate Purchase & Sale Agreement for Park Plaza Retail Pad and Parking Lease Agreement with Mundy Jo Holdings, LLC, and Tri -Party Wall Agreement between City of Bremerton, Mundy Jo Holdings, LLC, and Bremerton Cinema, LLC 9 COUNCIL MEMBER REPORTS 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING 11 " 42 39 149(444 postponed until July 25... Amencans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO SPEAK DURING THE COUNCIL MEETING TONIGHT J1 Nun 5o )J /j v I )) �6l21c o ce,. - KPF1 ky �1� t�C 3 ; - T - __L u v AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■• rerrrreererereereeeeerreereeerrrrrreeerrerrreererrrrrreererererererrrrerrreerrrerrereo SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date July 18, 2012 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount) APPROVALS DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: 1) Check #'s 349030 through 349379 and EFT's 11965 through 12028 in the amount of $4,860,997 12 2) Regular Payroll for the pay period ending June 15, 2012 in the amount of $13,666 10 3) Regular Payroll for the pay period ending June 30, 2012 in the amount of $678,38164 4) Retiree Payroll for the pay period ending June 30, 2012 in the amount of $63,087 77 5) Regular Payroll for the pay period ending July 15, 2012 in the amount of $696,225 80 STUDY SESSION ACTION: ® Consent Agenda ❑ G neraI Business ❑ Public Hearing COUNCIL PRESIDENT l' COUNCIL ACTION: [/Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 1/4/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 68 SUBJECT: City Council Minutes for COUNCIL MEETING Date: T� 1 (g , a o , Department* City Council • Presenter Jim McDonald e, O Council President Phone. (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 20, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, June 20, 2012, at 5 00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Jim McDonald presiding. Council Members present were Carol Arends, Faye Flemister, Roy Runyon, and Adam Brockus Council Members Nick Wofford, Greg Wheeler, Leslie Daugs, and Eric Younger were absent Also present were City Attorney Roger Lubovich, City Clerk Shannon Conn, and Legislative Assistant Lori Smith A COUNCIL BRIEFING was held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Adam Brockus followed by the invocation provided by Reverend Kathleen Kingslight of Saint Paul's Episcopal Church PUBLIC RECOGNITION Todd Best again questioned the Administration for not opening the City Clerk position to the public and for hiring another management position (Community Development Assistant Director) Vern LaPratt concurred with the previous comments, said there are citizens watching, and mentioned several businesses that provided him with good service Wendy Stevens Chair of Committee for Good Schools in Bremerton, explained why their group would be promoting the upcoming request for a Capital Levy for the Bremerton School District Jack Stanfill invited the Mayor and Council to attend a meeting on Thursday at 6 30 PM at the Seventh Day Adventist Church located on Taylor Road to hear a presentation from a wetlands expert who dust finished a study to address concerns about potential contamination of Dickerson Creek and the surrounding area due to the rock quarry currently proposed by Ueland Tree Farms Edward Koch proudly owns a home on South Lafayette, but after noticing a decline in the upkeep of his neighborhood, decided to hire landscapers to walk up and down the street to mow grass where needed, and also picks up litter and hauls the trash at his own expense He encouraged City leaders to follow his example President McDonald acknowledged his efforts Vaughn Smith felt without a lot of citizen input, it was "easy for the Council Members to vote for items" and reminded them that they were elected "by the people and for the people" Jerry McDonald with tour season here, work as been completed on a tourist map as well as a You -Tube video promoting Bremerton, and encouraged businesses to stay open on weekends Robert Parker would Ike to see the Council become more involved to help resolve graffiti problem President McDonald in response to earlier comments clarified that the Assistant Planning Director position was included in the last approved Budget, and was a competitive announcement, and the position previously held by Ms Corin was eliminated In the last approved Budget but she was able to step in as Interim after the previous City Clerk left last October, where over the last 7 months she proved herself capable of the fob. MAYOR'S REPORT Mayor Patty Lent • Was pleased to have a group of citizens watching to keep the City on task, and ensured them that whatever they bring forward is taken seriously, City Council Reg Mtg Minutes Wednesday, June 20, 2012 Page 2 of 5 • Also in response to earlier comments she added that when the previous Community Development Assistant Director retired, the City actually saved money by not only waiting to refill the position, but then hired a replacement at a salary 4 -steps lower; that all management positions with the City also do the work, and clarified that there are staff members in the Parks Department who are trained to work on the fountains, • Thanked Mr Koch for his efforts to clean up his neighborhood, and that today's annual United Way Day of Caring also included volunteers who cleaned up Ivy Green Cemetery, • Proclaimed July 4, 2012 as the "1 Annual Flag Retiring Ceremony Day ", and invited the community to participate at 6 00 PM at the Harborside Condominium Homeowners Association; • Promoted the Kitsap Public Health District's "5 -2 -1 -0 Every Day, Let's Go" National Fitness Campaign, and noted more information can be found at www letsgo org • With school almost over for the summer, asked students who will be getting a new back pack next year, to donate their old backpacks for use by the homeless at the Kitsap Rescue Mission located at the corner of 13` Street & Hayward Avenue, • Mentioned that three host families are needed for Kure, Japan Exchange Students who are expected to be in Bremerton from July 27 through August 19, • Announced the Grand Opening Celebration & Ribbon Cutting Ceremony for the new SEEMM Bremerton Cinema located on 655 4` Street was on Friday, June 22 with the plaza opening at 4 00 PM, the ribbon cutting ceremony at 4 45 PM, followed by an open house at 5 00 PM, and • The 2 nd Annual Junior Firefighter Stair Climb event will be held on Saturday, June 23 to benefit Amina Kocer- Bowman and her family for medical expenses CONSENT AGENDA 5A Check Numbers 348819 through 349030, and EFT -11931 through EFT -11964 in the amount of $2,091,239 95, and Regular Payroll for the pay period ending June 15, 2012 in the amount of $693,717 94 513 Minutes of Meeting — June 6, 2012 5C Minutes of Study Session — June 13, 2012 5D Renewal of Interlocal Drug Task Force Agreement that provides law enforcement services and support for the West Sound Narcotics Enforcement Team (WestNET) 5E Resolution No 3173 authorizing Sole Source Purchase from The Fab Shop of Edgewood to repair and rebuild a Biosolids Applicator Truck Body for the Utilities Department 5F Purchase and Installation of required Police Equipment from Systems for Public Safety, Inc for two 2012 Chevy Caprice Police Patrol Vehicles 5G Purchase of a 20 HP Direct Drive FRP Centrifugal Fan from Fluid Systems, Inc for the Headworks Odor Control System at the Westside Wastewater Treatment Plant 5H Award Professional Services Agreement to Exeltech Consulting, Inc for Construction Management of "11 Street & Warren Avenue Intersection Improvements Project' 51 Accept Balance of Grant from Office of Public Defense (Final Payment) 5J Acquisition of 280 Microsoft Office 2010 Standard Edition software licenses 5K Purchase of Communications Switching Equipment from RightSys, Inc 5L Award Contract to South Bay Excavating, Inc for "Kiwarns Park & Green Streets Project' City Council Reg Mtg Minutes Wednesday, June 20, 2012 Page 3 of 5 Troy Barber referred to Item 5D, and urged the City to reconsider the renewal of the agreement or at least offer protection for those using medical marijuana and treat it as a human rights issue Don Skankie agreed with the previous comments, and although these types of task forces are necessary to protect the public from drug dealers, they should not be used to harass those using marijuana legally and for medical purposes John Miller promoted the "Low Priority Enforcement of Federal Marihuana Laws" Leah Williamson also favors "Low Priority Enforcement of Federal Marijuana Laws" in Kitsap County and reminded the Council that the "previous head of WestNET" Roy Alloway is now serving a 2 -year prison sentence for having over 700 illegal guns with many most likely confiscated from drug busts involving legal medical marijuana patients Mike Keen agreed that more emphasis should be put on harder drugs, but not marijuana Jerry McDonald asked the Council if they fully understood what the WestNET agreement entailed Capt. James Burchett in response to the previous comments, clarified that 1) this agreement is between participating agencies of Kitsap County and that currently Bremerton is not actively participating but is choosing to renew the agreement so the option would be in place and ready for future use, 2) that WestNET targets all narcotics, not dust marihuana, 3) the City of Bremerton is a member of the advisory board that makes decisions about how WestNET operates, 4) items from WestNET asset seizures and forfeitures do not come to the City of Bremerton but rather go to a fund managed by the Kitsap County Sherriff Department, and 5) that Roy Alloway was a City of Bremerton Detective, not the "head of WestNET ", and his arrest was for illegal gun transactions Robert Parker referred to Item 5J and asked if the purchase of 280 software licenses was necessary Bill Elev IT Manager, responded that a physical inventory was recently completed, 290 PCs were found, and every computer must have its own license per the Microsoft Licensing Agreement 06:21:57 Motion was made by Runyon, and seconded by Flemister, Comments were then provided by Runyon 06:24:57 M /S /C (Runyon /Flemister) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion Runyon, Flemister, Arends, McDonald Voted opposed to Motion Brockus Motion carries 4 -Yes, 1 -No GENERAL BUSINESS 6A — RESOLUTION NO. 3174 NAMING ANDERSON COVE PROPERTY "LILLIAN A F& JAMESI WALKER PARK " : Wyn Birkenthal Parks & Recreation Director, explained that in 2011, the City acquired a waterfront parcel for park and storm water infiltration use in the Anderson Cove neighborhood On May 22, the Bremerton Parks & Recreation Commission reviewed the City's naming policy and noted that parks and public facilities may be named after a person who has contributed outstanding civic service to the community The Commission then voted unanimously (4 -0) to recommend to City Council and staff that the Anderson Cove property be named Lillian A Walker Park in honor of the outstanding service Mrs Walker gave to Bremerton as a pioneer in the local civil rights movement and as a founding member of community organizations including the YWCA City Council Reg Mtg Minutes Wednesday, June 20, 2012 Page 4 of 5 Robert Parker was not sure the proposed property was fitting enough for someone as important as Mrs Walker and would recommend another, higher profile park Linda K. Joyce Director of YWCA and June Newman daughter of Mr & Mrs Walker, were both pleased at the efforts to honor Mrs Walker but were here to ask the Council to please honor both Mr & Mrs Walker by naming the property "Lillian A & James Walker Park" Additional comments of support from the public were provided by Collins Clark Maya G. Clerk Marty Crutcher Everett D. Clark Todd Best and Carl Thomas Regina C. Hill agreed that Mr James Walker should also be included in this honor, but urged the City to allow Lillian's name to be listed first, hoped that Legacy Project materials would be included in Washington State History courses new curriculum, and lastly, had no idea where this path would lead when she first became involved in a national sustainability project, but is so pleased at the end result, and thanked the many individuals who were also eager to support this effort with her John Haves Larson Chair of the Parks Commission, said the Commission supported naming a Park after Mrs Walker that needed improvement because it better honored her legacy for wanting to make Bremerton a better place, and in response to naming the Park after both Mr & Mrs Walker, he established that there was only a brief mention about the option, but no formal discussion was held because no one had made that request at that time However, he confirmed that no one spoke against the idea 06:50:20 Motion was made by Flem►ster, and seconded by Brockus, Comments and questions were then provided by Flem►ster, Arends, Runyon, Brockus, and McDonald In response to questions, the following replies were provided Mr. Birkenthal stated the City is applying for a grant to develop the waterfront parcel at Anderson Cove with site improvements that will benefit the surrounding neighborhood, therefore encouraged the public to provide their input about what improvements they would like to see by completing a survey available at the Parks Department or at City Hall in the Norm Dicks Government Center, or available on line at www ci bremerton wa us /articles phg ?id =1906 anytime through the end of July 07:02:30 M /S /C /U (Flemister /Brockus) Move to approve Resolution No 3174 naming the Anderson Cove property Lillian A. & James Walker Park, and amend the final Resolution accordingly 6B — AWARD CONTRACT TO SOUTH BAY EXCAVATING, INC. FOR THE ARMIN JAHR ELEMENTARY SCHOOL SIDEWALKS PROJECT Gunnar Fridriksson Managing Engineer, summarized that the City submitted a 2012 grant application for a "Safe Routes to School" grant and received sufficient fundmq to complete a sidewalk link from Sheridan Road to the school along McClain Avenue and East 31 Street Three bids were submitted and South Bay Excavating, Inc was the lowest responsible, responsive bidder in the amount of $154,057 15, which includes sales tax He further explained that some of the existing sidewalk on the south end would be salvaged There were no comments or questions from the public 07:04:31 Motion was made by Runyon, and seconded by Brockus, Comments ►n support were provided by Runyon and Brockus 07:05:22 M /S /C /U (Runyon /Brocks) Move to approve the bid for the Armin Jahr Elementary School Sidewalks Project, and authorize the Mayor to finalize and execute the agreement with South Bay Excavating, Inc in the amount of $154,05715, which includes sales tax, with substantially the same terms and conditions as presented City Council Reg Mtg Minutes Wednesday, June 20, 2012 Page 5 of 5 COUNCIL MEMBER REPORTS Carol Arends treasured the fond memories of her great friendship with Lillian Walker and was proud to be a part of the action taken earlier by the Council to honor her. Faye Flemister thoroughly enjoyed attending the Washington Youth Academy Commencement Ceremony held at Bremerton High School last Saturday morning, followed by the Juneteenth Celebration at Evergreen Rotary Park later the same day Roy Runyon announced that on Monday, June 25, Kitsap Transit would begin wake research testing with four weekday round -trips between Seattle and Bremerton at a cost of $7 00 per round trip, and a link was available at www kitsaotransit org for more information or to make a reservation Adam Brockus added that the christening of the Rich Passage 1 Wake Study Research Vessel would be at 11 00 AM, followed by tours of the vessel from Noon to 2 00 PM this Saturday, June 23. Regarding previous comments, he too was pleased to name the park in honor of the Walkers, and reminded everyone to wait until July 4 to light their fireworks because it was the only day allowed Jim McDonald announced that after the business meeting adjourns, the Council will reconvene for an Exempt Closed Session to hear an update on "Labor Negotiations and Proceedings" per RCW 42 30 140(4)(b), and no action would be taken He further announced the next televised meeting would be Wednesday, July 18, 2012 due to the holiday With no further business, President McDonald adjourned the Council Meeting at 07 08 PM Prep red and Submitted by dM6;�&� LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL ' CITY OF BREMERTON CITY COUNCIL ■ eeeeeeeeeeeeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeoeeseeeeee eee � • SUBJECT: City Council Minutes for COUNCIL MEETING Date �J—tj l Department. City Council Presenter Jim McDonald �V h 27 2,0 2 Council President SeS t l" Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT r c, al,r COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES June 27, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKs GOVERNMENT CENTER, 345 6' Street, Bremerton, Washington, Wednesday, June 27, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Christine Grenier, Council Assistant was present to provide staff support President McDonald emphasized that the Study Session was open to the public A INFORMATION ITEMS 1 Results of "Fuel Purchases" Audit — Gary Nystul, Internal Auditor 2 Presentation on the Shoreline Master Program — Nicole Floyd, City Land Use Planner • Pass out binders • Ecology Requirements / Parameters • Explanation of Document Content • Overview of Public Process and City Council Schedule B EXECUTIVE SESSION 3 10- minutes to discuss Potential Litigation per RCW 42 30 110(1)(i) Motion was made by Brockus, and seconded by Runyon There were no comments from the public 05.56:20 PM M /S /C /U (Brockus /Runyon) Move to approve the settlement between the City of Bremerton and Lexington Insurance Company related to the City's claim for collapsed biofilter media in the amount of $225,000, and authorize the Mayor to sign the settlement documents subject to the approval of the City Attorney Voted in favor Daugs, Brockus, Runyon, Wheeler, Flemister, Younger, Wofford, McDonald Motion carried 8 -Yes, 0 -No C GENERAL COUNCIL BUSINESS 4 Council Committee Chair Reports were provided, and other General Council Business was briefly discussed With no further business, the Council Study Session was adjourned at 6 08 PM Prep ;ed and Submitted by CHRISTINE GRENIER Attest Council Assistant SHANNON CORK City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: City Council Minutes for COUNCIL MEETING Date. Sy �Y I B , o I ;L, Department City Council S P ec -; a l o 4 -�'�0� Presenter Jim McDonald J Council President 20 Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL SPECIAL MEETING MINUTES July 11, 2012 A Special Meeting of the City Council of the City of Bremerton was called to order in the First Floor Meeting Chambers of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, July 11, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Roger Lubovich, City Attorney, Shannon Conn, City Clerk, and Christine Grenier, Council Assistant were present to provide staff support The Pledge of Allegiance was led by Council Member Leslie Daugs President McDonald explained that each item will include a presentation followed by comments and questions by Council Members Following that discussion, there will be an opportunity for public comment on all three items COMMUNITY MEETING 1 A — PROPOSED ORDINANCE ADOPTING THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) SUB -AREA PLAN AS PART OF THE COMPREHENSIVE PLAN: AND AMENDING CHAPTER 20.80 OF THE BREMERTON MUNICIPAL CODE (BMC) TO ACTIVATE THE DEVELOPMENT REGULATIONS Doug McIntyre Long -Range Planner, provided background information regarding the SKIA Sub -Area Plan, and announced that a public hearing on the ordinance is scheduled for August 1 and action is anticipated Council will receive an additional presentation on July 25 Comments and questions were provided by Runyon, Wofford, Wheeler, and Flemister 1 B — PROPOSED ORDINANCE AMENDING CHAPTER 20.04 OF THE BREMERTON MUNICIPAL CODE (BMC) TITLED "STATE ENVIRONMENTAL POLICY ACT " Andrea Spencer Community Development Director, summarized the proposed amendments to SEPA A public hearing with action is anticipated next week on July 18 Comments and questions were provided by Wheeler, Runyon, and Younger 1C — PROPOSED ORDINANCE ADOPTING THE PLANNED ACTION ORDINANCE FOR THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) Deborah Munkberg Consultant, Blumen Consulting Group & Inova PCD, LLC, provided details on the Environmental Impact Statement (EIS) process There will be another presentation to City Council on July 25, followed by a public hearing with action anticipated August 1 Comments and questions were provided by Runyon, Wheeler, Younger, Wofford, and Brockus PUBLIC COMMENTS David Overton member of the Technical Working Group (TWG), commended staff for their work on this process and supported the proposed changes He also recommended the "Municipal Research & Services" (MRSC) website to Council Members to obtain further information on this process Jerry Reed property owner in SKIA, believed that this is a huge step in expediting the development of future businesses in SKIA President McDonald announced that immediately following the Special Meeting, the Council will be reconvening for a Study Session in the 6 th Floor Council Conference Room, and that the meeting is open to the public but that there will be no opportunities for comment City Council Special Meeting Minutes Wednesday, July 11, 2012 Page 2of2 With no further business, the Council Special Meeting was adjourned at 6 13 PM Prepared and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 66 ■• rerereeeeeeeeereeeeeeree eee e eerereeeeeeeeeeeeeeereeeeeeeeeereeeeeeeerereeeeeeeee eeeee � SUBJECT: City Council Minutes for COUNCIL MEETING Date TV (y Department City Council 5 J ' 'es Presenter Jim McDonald Council President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES July 11, 2012 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, July 11, 2012, at 6 30 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends was absent Christine Grerner, Council Assistant was present to provide staff support President McDonald emphasized that the Study Session was open to the public but there would be -no opportunities for comment A NO PRESENTATION PLANNED 1 Appointments of Kelli Lambert, Bob Dollar, and Michael Goodnow to the CDBG Grant Recommendation Committee — Mayor Patty Lent Consent Agenda 2 Resolution granting consent and approval of owner transfer from Sandler Capital Management to Oak Hill Partners (Franchise Agreement) — Shannon Conn, City Clerk Consent Agenda 3 Award Contract to Stan Palmer Construction, Inc for Low Impact Development Projects and Water /Sewer Replacements (Pacific Avenue & E 11th Street LID) — Gunnar Fridnksson, Managing Engineer General Business 4 Award Contract to Stan Palmer Construction, Inc for construction of the "Highway Safety Improvement' Project — Gunnar Fridnksson, Managing Engineer Consent Agenda 5 Award Contract to Valmont Industries, Inc for installation of the radio tower antenna on the 100 -foot self supporting Tower at 100 Oyster Bay Avenue — Gunnar Fridnksson, Managing Engineer Consent Agenda 6 Utilities Depaer:t Item Pulled B FULL PRESENTATION ITEMS 7 Presentation on the Shoreline Master Program "Why Update the Shoreline Master Program" — Nicole Floyd, City Planner II, and David Sherrard, AICP of Parametrix, Inc Information only 8 Professional Services Agreement with HDR Engineering, Inc for 2012 Wastewater System Comprehensive Plan Update — Ned Lever, Public Works & Utilities Department Consent Agenda 9 Resolution to adopt the 2013 -2018 Six -Year Transportation Improvement Plan — Thomas Knuckey, City Engineer Public Hearing 10 Real Estate Purchase & Sale Agreement for Park Plaza Retail Pad and Parking Lease Agreement with Mundy Jo Holdings, LLC, and Tri -Party Wall Agreement between City of Bremerton, Mundy Jo Holdings, LLC, and Bremerton Cinema, LLC — Becky Hasart, Financial Services Director; and Gary Sexton, Project Manager General Business C GENERAL COUNCIL BUSINESS 11 Council Committee Chair Reports were provided, and other General Council Business was briefly discussed With no further business, the Council Study Session was adjourned at 9 02 PM City Council Study Session Minutes Wednesday, July 11, 2012 Page 2of2 With no further business, the Council Study Session was adjourned at 9 02 PM Prepared and Submitted by CHRISTINE GRENIER _ Council Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM SC is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ ee eeeeeeeeeeteeeeeeeeeoseeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee ee SUBJECT: Appointments to the CDBG Study Session Date July 11, 2012 Grant Recommendation Committee COUNCIL MEETING Date July 18, 2012 Department Executive Presenter Mayor Patty Lent Phone 4735266 SUMMARY: There are vacancies on the CDBG Grant Recommendation Committee It is recommended the vacancies be filled by the following citizens Kelli Lambert Capital Projects Bob Dollar Capital Projects Michael Goodnow Public Service ATTACHMENTS: Applications for Appointment on file in the Mayor's Office FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Motion to confirm the appointments of Kelli Lambert, Bob Dollar and Michael Goodnow to the CDBG Grant Recommendation Committee STUDY SESSION ACTION: (Consent Agenda ❑ G en ral Business ❑ Public Hearing COUNCIL PRESIDENT 4 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Adoption of Resolution No Study Session Date 7/11/12 _13-59ranting consent and approval of COUNCIL MEETING Date 7/18/12 owner transfer from Sandler Capital Department City Clerk Management to Oak Hill Partners (franchise Presenter Shannon Conn agreement) Phone 473 -5323 SUMMARY: Wave Broadband holds a cable franchise agreement with Bremerton Section 15 Franchise Transfer of the agreement requires the cable company to notify the city of a change in ownership, that the buyer can show financial, legal and technical ability to continue the franchise, and City Council consents to the transfer of ownership by resolution Wave Broadband's parent company, WaveDivision Holdings, LCC intendeds to change equity partners from Sandler Capital Management to Oak Hill and GI Partners, essentially changing ownership of the company Legal, Finance and BKAT have reviewed the documents finding form FCC 394 to be in order, the buyer intends to honor the current agreement with no changes, and the buyer has the ability to continue cable service Staff recommends approving the ownership transfer ATTACHMENTS. Council Memo, BKAT Memo, Letter from WaveDivision Holdings, Resolution No 3 r ,,-, granting consent and approval of the City of Bremerton to change of control transaction FISCAL IMPACTS (Include Budgeted Amount) There is no change to the budget APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY - FINANCE DIRECTOR j �N. MAYOR RECOMMENDED MOTION: Move to adopt Resolution No 3 1 '7 S granting consent and approval of the City Bremerton to change of control transaction STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION NO. 311 A RESOLUTION of the City Council of the City of Bremerton, Washington, granting consent and approval to change of control transaction WHEREAS, WaveDivision IV, LLC, a Washington limited liability company d/b /a Wave Broadband ( "Franchisee ") currently holds a franchise (the "Franchise ") granted by the City of Bremerton, (the "City ") to own and operate a cable system in the City; and WHEREAS, Franchisee is a wholly -owned subsidiary of WaveDivision Holdings, LLC, a Delaware limited liability company ( "Wave Parent"); and WHEREAS, on May 30, 2012, OH WDH Holdco, LLC, a Delaware limited liability company affiliated with Oak Hill Capital Partners III, L P ( "Oak Hill "), in conjunction with WaveDivision Capital, LLC, a Washington limited liability company controlled by Wave Parent's Chief Executive Officer Steve Weed, entered into a definitive agreement to acquire Wave Parent from its current majority owners, principally three affiliates of Sandler Capital Management (the "Transaction "); and WHEREAS, Wave Parent and Oak Hill have filed FCC Form 394 with the City and have provided the City with all information regarding the Transaction required by applicable law (collectively, the "Application "); and WHEREAS, the City has reviewed the Application and has determined that (i) Oak Hill meets the legal, technical, and financial criteria to become the owner of Wave Parent and the indirect owner of Franchisee, and (u) the Transaction is in the best interests of the City WHEREAS, pursuant to Section 15.1(E) of the Franchise, the City shall act by ordinance or resolution on the request for transfer of ownerslup or control within 120 days of receipt of the FCC Form 394 application, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS. SECTION 1. The City consents to and approves of the Transaction to the extent required by the terms of the Franchise and applicable law. SECTION 2. To the best of the City's knowledge and belief, there are no existing facts or circumstances that with or without the giving of notice or the passage of tune, or both, would constitute a default of any term or condition of the Franchise.. SECTION 3. Effective upon the closing of the Transaction, the Franchisee shall remain responsible for any obligations and liabilities under the Franchise. 1 Wave Cable Change of Control Transaction SECTION 4. This Resolution Is adopted and approved in accordance with all applicable notice and procedure requirements under all laws applicable to City, and with all applicable notice and procedure requirements. SECTIONS. Severabtltty If anyone or more sections, subsections, or sentences of tins 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 fill force and effect SECTION 6. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of 9 2012 JIM McDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A. LUBOVICH, City Attorney SHANNON L CORIN, City Clerk R \Legal\Legal\Resolutions\Finance \Wave Cable Change of Control doe 2 Wave Cable Change of Control Transaction Shannon Conn, City Clerk I City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Qo�cr "tom` (360) 473 -5323 . o shannon.conn(&ci.bremerton.wa.us MEMORANDUM Date: June 20, 2012 To: City Council From: Shannon Conn, City Cler�� RE: Franchise Agreement —Cable Company Control Transfer Summary Wave Broadband holds a cable franchise agreement with Bremerton Section 15 Franchise Transfer of the agreement requires • Wave Broadband to notify the city of the potential change in ownership • The buyer(s) can show financial, legal and technically ability to continue the franchise • The city has 120 days to act by resolution or ordinance Notice On June 11, 2012, 1 received via FedEx a request from WaveDivision Holdings, LLC and Oak Hill Capital Partners III, L P for Bremerton to consent to the change in ownership of Wave Broadband's parent company Ability to Continue Franchise The following departmen have reviewed the transfer documents and recommend City Cou consent to the transfer of control Legal Finan BKAT Action The City Council must pass a resolution consenting to the transfer by October 10, 2012 Bremerton• Kits TELEVISION June 25, 2012 To Shannon Corm, City Clerk From: Char Burnette, Public Access Manager RE Transfer of Control of Wavedivision Holdings, LLC Jon Rauch and I looked over the documents regarding the Transfer of Control of Wavedivision Holdings, LLC The item(s) effecting BKAT is the franchise agreement currently in effect with WAVE and the City of Bremerton Oak Hill Capital Partners intends to honor all franchise agreements with no changes. We recommend City Council approve the transfer of control. j W "E 1414(3ADHANO BUSINESS O ' SOlUT10N5 OAKHILL R j ..ae1m.M.11pan. DIVISION HOLDINGS j astound CAVITAL PARTNERS Via Overnight Delivery June 8, 2012 City of Bremerton, Shannon L. Corin, Interim City Clerk 345 6th Street, Suite 600 Bremerton, WA 98337 Re Transfer of Control of WaveDivision Holdings, LLC Dear Ms Corin We are writing with exciting news concerning Wave Broadband As you know, WaveDivision IV, LLC d /b /a Wave Broadband is the current holder of the cable television franchise issued by the City of Bremerton. Wave Broadband's parent company is WaveDivision Holdings, LLC ( "Wave Parent ") On May 30, 2012, Oak Hill Capital Partners III, L P ( "Oak Hill ") and GI Partners ( "GI "), in conjunction with Wave Parent's Chief Executive Officer Steve Weed and other members of Wave Parent management, entered into a definitive agreement to acquire Wave Parent from its current owners, principally three affiliates of Sandler Capital Management Oak Hill and GI are leading private equity firms with longstanding cable and IT infrastructure expertise Their financial support will allow Wave Broadband to continue to deliver highly advanced video, high -speed data and voice services to residential and commercial customers in your community and Wave Parent's other markets in the Seattle, San Francisco, Sacramento and Portland areas Both Oak Hill and GI bring value -added expertise and impressive track records of successful investments in the cable and broadband industry and their insight and support will be invaluable as Wave Broadband continues to provide your community with the highest levels of product quality, speed and customer care available Under the terms of the franchise held by Wave Broadband we request the City's consent to the change of control at Wave Parent level as Oak Hill, GI, Mr Weed and other members of the Wave Parent management team (collectively, the "buyers ") replace Sandler Capital Management Please note As a result of the proposed transaction there will be no change to the ownership of Wave Broadband Further, the only change at Wave Parent will be the replacement of Sandler Capital Management with Oak Hill and GI Steve Weed and other members of the executive management team of Wave Parent will continue to run the company and will increase their current ownership of Wave Parent In support of our request, we are providing a completed and signed Federal Communications Commission Form 394 "Application for Franchise Authority Consent to Assignment or Transfer of Control of Cable Television Franchise," together with the exhibits thereto along with two complete copies for your internal distribution We believe the materials provided clearly establish that the buyers satisfy the requisite legal, technical and financial Shannon L Corm City of Bremerton June 8, 2012 Page 2 qualifications outlined under applicable federal and local law and under the franchise, and that these materials furnish you with all the information necessary to make a prompt and conclusive determination on our request for consent to the proposed change of control at Wave Parent The FCC Form 394 submission materials will be deemed filed with the City on your receipt of this letter on June 11, 2012; therefore, the 120 -day limit for the franchise authority consideration of an assignment request pursuant to 47 CFR § 76 502 will expire on October 9, 2012 We look forward to working with you to obtain swift approval of our request for the City's consent to the change of control at Wave Parent We will send a proposed form of consent shortly Please do not hesitate to contact us if you have any questions Very Truly Yours, Oak Hill Capital Partners III, L.P. WaveDivision Holdings, LLC (on behalf of itself and the other buyers) 0_ By Kevin G Levy By James A Penney Title Vice President of General Partner of Title Executive Vice President General Partner of General Partner AGENDA BILL 6)14 CITY OF BREMERTON CITY COUNCIL SUBJECT: Award contract for the Study Session Date July 11, 2012 construction of the Highway Safety COUNCIL MEETING Date July 18, 2012 Improvements project Department PW &U Presenter Gunnar Fndriksson Phone X2354 SUMMARY: Sealed bids for construction of the project titled "Highway Safety Improvements" were opened on July 2, 2012 The engine is estimate of probable cost for this project is P&," l bid °R received for this project ` - 37R/ &4&o "as the lowest responsive responsible bidder with a bid of ` 7- 0 0.71mcludmg sales tax) ATTACHMENTS: 1 Council Summary, 2 Bid Tabulation, 3 Agreement FISCAL IMPACTS (Include Budgeted Amount) This project is funded by FHWA There is no City match required APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to award a contract in the amount of 17 1 4'1 4o,73including sales tax) to ZV jj/ Lcj " the construction of the project titled "Highway Safety Improvements" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: /X Consent Agenda El General Business El Public Hearing COUNCIL PRESIDENT X71 w COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 1 COUNCIL SUMMARY PROJECT DESCRIPTION The project provides for the demolition and reconstruction of cement concrete sidewalks, curbs, and gutters The installation of pavement marking and signing, intersection pedestrian crossing improvements, raised median and ADA curb ramp modifications, and traffic control and other work, all in accordance with the attached Contract Plans, these Contract Provisions, and the Standard Specifications The scope for the project consists of improvements at the following locations • Kitsap Way (SR 310) from SR 3 to Callow Ave • Kitsap Way (SR 310) at 11th St • Burwell Street (SR 304) at Warren Ave (SR 303) • Warren Ave (SR 303) at 4th St, 5th St and 6th St • Burwell St (SR 304) at Naval Ave • 6th St at Naval Ave • 11th St at Naval Ave • Warren Ave (SR 303) at 16th St CITY OF BREMERTON BID TABULATION BID TITLE Highway Safety Improvements P roje c t Rebid OPENED BY Ed Ab DATE OPENED: 7/2/12 TIME OPENED 11 00 a m RECORDED BY Shannon Conn NAME OF BIDDER BOND BASE BID ALTERNATE BID TOTAL �g 747 SUMMARY TOTAL BID COMMENTS APPARENT LOW BIDDER SECOND LOW BIDDER THIRD LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ $7009000 CONTRACT CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and hereinafter called the Contractor WITNESSETH That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows - I The Contractor shall do all work and furnish all tools, materials and equipment for the Highway Safety Improvements Project, in accordance with and as described in the attached Plans and Specifications, and the 2012 Standard Specifications of the Washington State Department of Transportation which are by this reference incorporated herein and made part hereof and shall perform any changes in the work in accord with the Contract Documents The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Bremerton II The City of Bremerton hereby contracts with Contractor and Contractor hereby agrees to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached Plans and Specifications and the terms and conditions herein contained and hereby Contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this Contract III The Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and subcontractors. IV The Contractor for himself /herself, and for his/her heirs, executors, administrators, successors, assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as provided herein. VI INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, City of Bremerton Highway Safety Improvements Project LD -9 January 2012 damages, losses or suits including all legal cost and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration of termination of this agreement. IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authority has caused this instrument to be executed by and to the name of said City of Bremerton the day and year first above written Executed by the Contractor this day of , 20 Contractor Executed by the Local Agency this day of , 20 City of Bremerton Approving Authority (SEAL) City of Bremerton Attorney City of Bremerton Highway Safety Improvements Project LD-10 January 2012 CONTRACT BOND CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS That , of , as Principal, and as Surety, are jointly and severally held and bound unto THE CITY OF BREMERTON, the penal sum of Dollars (S ) , for the payment of which we jointly and severally bu►d ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents The condition of this bond is such that WHEREAS, on the day of , A D , 20 , the said , Principal herein, executed a certain Contract with the City of Bremerton, by the terms, conditions and provisions of which Contract the said , Principal herewith, agrees to furnish all materials and do certain work, to-wit That the said Principal herein will undertake and complete the following described work the County of Kitsap, Washington, as per maps, plans and specifications made a part of said Contract, which Contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said Contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such Contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall in all respects faithfully perform said Contract according to law, then this obligation to be void, otherwise to remain to full force and effect WITNESS our hands this day of , 20_ Principal Surety Company By By By Attorney -in -fact APPROVED AS TO FORM this day of . 20 Address of local office and agent of Surety Company City of Bremerton Attorney City of Bremerton Highway Safety Improvements Project LD -11 January 2012 AGENDA BILL 441 CITY OF BREMERTON CITY COUNCIL ■■ eeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeee SUBJECT: Award Contract for installation Study Session Date July 11, 2012 of radio antenna on the 100 -foot self COUNCIL MEETING Date July 18, 2012 supporting Tower at 100 Oyster Bay Department PW &U Avenue Presenter Gunnar Frldnksson Phone 473 -2354 SUMMARY: The City of Bremerton requires a Contractor to install radio antennas for the City's SCADA system, Police, Fire, Cencom, Public Works and the Emergency Operations Center communications on the City's existing radio tower The tower is located at 100 Oyster Bay Avenue and was installed in February 2012 Valmont Industries, Inc, was selected from the state bid list under WSCA Contract 02702 for the purchase and installation of the tower at $47,798 12, including sales tax ra d l u CL A+rV , 10-3 0-1 thc, ATTACHMENTS: 1 Council Summary, and 2 Agreement FISCAL IMPACTS (Include Budgeted Amount) This project is funded by the 2012 Water fund APPROVALS: DEPARTMENT DIRECTOR 1-2 f � CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to award a contract in the amount of $47,798 12 (including sales tax) with Valmont Industries, Inc, for installation of the radio tower antennas at 100 Oyster Bay Avenue and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: X Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY TOWER INSTALLATION AT 100 OYSTER BAY AVENUE Summary In 2011 a new 100 -foot self supporting tower was installed at the Public Works & Utilities Oyster Bay facility The purpose of this tower was to provide radio communications for Police, Fire, Cencom, the Emergency Operations Center (EOC), the City of Bremerton's SCADA system and Public Works. Current antenna location and installation are inadequate and have interference from other users Budget was approved this year for the purchase and installation of the antennas necessary to provide this upgrade to the City's radio communication system The selection of Valmont Industries, Inc for the antenna purchase and installation was completed from the state bid list, WSCA Contract 02702 Cost for the purchase of the antennas was $47,798 12 including sales tax. Fiscal Summary Monies for the above listed work will come from the Water Fund who will own and utilize the tower. Tower Installation at Oyster Bay Council Summary Page 1 of 1 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Valmont Industries, Inc ( "Vendor "), whose mailing address is 3575 25' Street SE, P O Box 12985, Salem, OR 97302 The parties agree as follows 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City Furnish all materials, personnel and equipment necessary to install feed Imes and antennas on the existing antenna tower as shown in the "OYSTER BAY SCADA/EOC RADIO TOWER ANTENNA INSTALLATION" 23 page drawing plan set attached Location of the tower is to be at the City property at 100 Oyster Bay Avenue The City will be responsible for City permits and all testing of the any required survey 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 60 calendar days from the date all parties have signed this Agreement 3. COMPENSATION. The City shall pay the Vendor the total amount of $47,798 12, including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement The City shall pay the Vendor upon completion ofthe work. A Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all tunes acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, ifrequured, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement B The Vendor's failure to complete this Agreement within the tune specified in this Agreement C The Vendor's failure to make full and prompt payment to subcontractors or for material or labor D The Vendor's failure to complete with federal, state or local laws, rules or regulations E The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agreement are completed and fully performed 6. CHANGES The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or tune for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances that caused the protest c The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work The City shall have access to any of the Vendor's records needed for evaluating the protest The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any clauns for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claun for damages, additional payment for any reason, or extension of tune, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a mmunum, a Vendor's written claim must include the information set forth regarding protests in Section 7(A)(2)(a )-(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable tune, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction 9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claim, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement Vendor's obligation to mdemmfy shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any ofthese covenants of indemnification Should a court of competentjunsdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arismg out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE. TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property that may anse from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before beginning work on the protect described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liabft insurance with lumts no less than $1,000,000 combined single limit per accident for bodily mlury and property damage, and 2 Commercial General Liability insurance written on an occurrence basis with lunits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily mlury and property damage Coverage shall include but not be limited to blanket contractual, products /completed opemtions/broad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (ifrequured), which shall be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claun is made or suit is brought, except with respects to the limits of the msurer's liability The Vendor's msurance shall be primary insurance as respects the City and and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473 -5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 345 6' Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herem, and failure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 11. MISCELLANEOUS. A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B&O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence 1 Addenda, if any, 2 Contract, 3 Specifications, 4 Terms and Conditions, 5 Contractor's proposal C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to 1 Terms and Conditions, 2 Specifications, 3 Proposal, and 4 Non - Collusion Affidavit D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not by reason of race, religion, color, sex, sexual orientation, national ongm, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this Agreement All work shall be done at Vendor's own nsk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work G Govemmg Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution ofthat dispute shall be available exclusively under the jurisdiction, venue and rules ofthe Krtsap County Superior Court, Kitsap County, Washington H Attorne 'sy Fees In any claim or lawsuit for damages arising from the parties' performance ofthis Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement. I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement Notices to be sent to Notices to be sent to VENDOR Valmont Industries, Inc CITY Attn Dennis Beal Attn Paul Wandling P 0 Box 12985 City of Bremerton Salem, OR 97302 3027 Olympus Drive Bremerton, WA 98310 J Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void K Modification No waiver, alteration, or modification of any of the provisions oftlus Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor L Severabihty If anyone or more sections, sub - sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect M Entire A er e�ment The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY Valmont Industries, Inc City of Bremerton By By Print Name Dennis Beal Print Name Patty Lent Its Lead Inside Sales Specialist Its Mayor Date Date APPROVED AS TO FORM By Bremerton City Attorney ATTEST By City Clerk AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Award for contract 2012 Study Session Date July 11, 2012 Wastewater Sr- tom Cnmrrehensive Plan COUNCIL MEETING Date July 18, 2012 Update Department PW & U Presenter Ned Lever Phone 473 -2398 SUMMARY: The most recent update to the Wastewater System Comprehensive Plan was prepared in August 2005 in accordance with WAC 173 - 240 -020 and WAC 173 - 240 -050 The Plan is typically updated every five to seven years in order to stay current on changes in the system, ensure existing and future system capacity, and provide a program for improvements to maintain and expand the system due to aging infrastructure and growth Six consultants were solicited to submit proposals to update the Plan HDR of Bellevue, WA was selected and a professional services agreement was negotiated for $ ATTACHMENTS: 1) Council Summary, 2) Agreement, FISCAL IMPACTS (Include Budgeted Amount) This contract is fully funded $330,000 has been included in the 2012 Budget for this project APPROVALS - DEPARTMENT DIRECTOR 7��-- CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: w 1, HDI Ehq � =mot. Move to approve the professional services agreemenifor the project 2012 Wastewater System Comprehensive Plan U date and authorize the Mayor to finalize and execute the agreement with HDR in the amount of $M��bvith substantially the same terms and conditions as presented STUDY SESSION ACTION: X Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT 1 1 �k COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY 2012 Wastewater System Comprehensive Plan Update Background The most recent update to the Wastewater System Comprehensive Plan was prepared in August 2005 in accordance with WAC 173 - 240 -020 and WAC 173 - 240 -050 The Plan is typically updated every five to seven years in order to stay current on changes in the wastewater system, ensure existing and future system capacity, identify regulatory requirements and their impact on the system, and provide a program for improvements to maintain and expand the system due to aging infrastructure and growth Contract Summary Six consultants were solicited to submit proposals to update the Plan HDR Engineering of Bellevue, WA was selected and a professional services agreement has been negotiated for $299,772 It is anticipated that the plan will be completed in early 2013 The final plan will be presented to City Council for adoption Fiscal Summary The 2012 budget for this plan update is $330,000 Approximately $30,000 is anticipated for City staff cost and $300,000 for the consultant The plan update is fully funded by wastewater rates 2012 171'astewatei 5vstem Cominehenuie Plan Update Council Summary /nh 2012 PROFESSIONAL SERVICES AGREEMENT 2012 Wastewater System Comprehensive Plan Update The City of Bremerton ( "City") and HDR Engineering, Inc. ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 10, 2012, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein The Scope of Work may be modified only pursuant to Section VII G of this Agreement If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City The standard of performance for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality Consultant makes no warranties, expressed or implied, in connection with the Consultant's services under this Agreement II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B, provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $299,772 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C Bremerton /HDR Engineering, Inc 2012 Wastewater System Comprehensive Plan Update Page 1 of 7 If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise Consultant and its personnel are independent Consultants and not employees of the City Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - Consultants of the Consultant Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub - Consultants during the performance of this Agreement The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for its own management The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges ansing from the delinquency, from any payments due Consultant V. Indemnification: Consultant shall indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including reasonable legal costs and attorney fees, to the extent caused by the performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence Consultant shall indemnify and hold harmless the City from the Consultant's material breach of its obligations under this Agreement HDR's indemnification and defense obligation shall be limited to the percentage of fault apportioned to HDR by a court of law, arbitrator or by mutual agreement between the parties to this Agreement The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent Jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence Bremerton /HDR Engineering, Inc 1012 Wastewater System Comprehensive Plan Update Page 2 of 7 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may anse from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, explosion, collapse and underground (XCU) if applicable, and employer's liability, and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate 4. Professional Liability insurance with limits no less than $1,000,000 limit per claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies and endorsements The City further reserves the right to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability Bremerton /HDR Engineering, Inc 2012 Wastewater System Comprehensive Plan Update Page 3 of 7 The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn Risk Management, 3456 1h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement The City also reserves its unqualified nght to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage VII. General Conditions: A Reports and Information When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement The reports and documents shall be furnished in the time and form requested Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts B Ownership and Use of Records and Documents Original documents, drawings, designs and reports, including those in electronic format, defined as "Deliverables" in the Scope of Services under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bellevue Washington Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City Any reuse by the City for other than the specific purpose intended will be at City's sole risk Consultant may retain copies of Deliverables or other matenals prepared under this Agreement for its own records City agrees that such information, intangible assets, ideas, concepts, software, derivative works and other matenals in possession of the Consultant prior to performing the services under this Agreement shall remain the property and in the possession of the Consultant and are considered instruments of services of the Consultant Further The CONSULTANT does not convey, assign or transfer the intellectual property rights it has in the Deliverable(s) or in the processes that were developed Bremerton /HDR Engineering, Inc 2012 Wastewater System Comprehensive Plan Update Page 4 of 7 to create the Deliverable(s) so as to limit CONSULTANT's ability or right to develop, design or provide services or deliverables on other projects of or for its other clients C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue Washington Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties E Entire Agreement This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement F Severability Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect G Modification This Agreement may only be modified by written instrument signed by both Parties H Written Notices All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or I st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address 3456 Ih St 500 108th Ave NE Suite 600 Suite 1200 Bremerton, WA 98337 Bellevue, WA 98004 -5549 I Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansing out of this Agreement shall not be deemed waiver of any other right or power J Non - Waiver of Breach The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect Bremerton /HDR Engineering, Inc 2012 Wastewater System Comprehensive Plan Update Page 5 of 7 K Compliance with Laws Consultant shall comply with all current applicable Federal, State, and local laws at the time of execution in performing its obligations under this Agreement L Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any Judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees N Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, mantal status, disability, or sexual orientation except for employment actions based on bona fide occupational qualtfication. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience This Agreement may be immediately terminated for cause by a Party if the other Party substantially falls to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non - performing Party Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement A Excusable Delays The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its consultants, or other public agencies causing such delay, and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay B Rights Unon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final Bremerton /HDR Engineering, Inc 2012 Wastewater System Comprehensive Plan Update Page 6 of 7 invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By PaM Lent By its Mayor its Date Date Approved as to form Attest Bremerton City Attorney City Clerk Bremerton /HDR Engineering, Inc 2012 Wastewater System Comprehensive Plan Update Page 7 of 7 THIS PAGE LEFT INTENTIONALLY BLANK City of Bremerton Wastewater Comprehensive Plan Update Exhibit A Scope of Services July 2012 4 I al HDR Engineering 500108th Avenue NE Suite 1200 Bellevue, WA 98004 -5549 (425) 450 -6200 tag Table of Contents Background ..................................................................................... ..............................1 Task 100 — Project Management .............................................................. ............................... 1 Objective 1 HDR Services 1 City Responsibilities 1 Assumptions 2 Deliverables 2 Task 200 — Kick -off Meeting and Tour ..................................................... ............................... 2 Objective 2 HDR Services 2 City Responsibilities 3 Assumptions 3 Deliverables 3 Task 300 — Data Reviews and Updates .................................................... ............................... 3 Objective 3 HDR Services 3 City Responsibilities 4 Assumptions 4 Deliverables 4 Task 400 — New Service Area Plans ......................................................... ............................... 4 Objective 4 HDR Services 4 City Responsibilities 5 Assumptions 5 Deliverables 5 Task 500 — Sewer Hydraulic and Hydrologic Analysis ........................... ............................... 5 Objective 5 HDR Services 5 City Responsibilities 6 Assumptions 6 Deliverables 7 Task 600 — Update Existing Plan Sections .............................................. ............................... 7 Objective 7 HDR Services 7 City Responsibilities 7 Assumptions 8 Deliverables 8 Task 700 — Operation and Maintenance Procedures .............................. ............................... 8 Objective 8 City of Bremerton Wastewater Comprehensive Plan Update Scope of Services July 2012 FDR HDR Services 8 City Responsibilities 8 Assumptions 8 Deliverables 8 Task 800 — Develop and Evaluate System Alternatives ......................... ............................... 8 Objective 8 HDR Services 8 City Responsibilities 9 Assumptions 9 Deliverables 9 Task 900 — Budgetary Cost Estimates ..................................................... ............................... 9 Objective 9 HDR Services 10 City Responsibilities 10 Assumptions 10 Deliverables 10 Task 1000 — Prepare Capital Improvement Plan ...................................... .............................10 Objective 10 HDR Services 11 City Responsibilities 11 Assumptions 11 Deliverables 11 Task1100 — SEPA Support ........................................................................ .............................11 Objective 11 HDR Services 11 City Responsibilities 11 Assumptions 12 Deliverables 12 Task 1200 — Financial Plan ........................................................................ .............................12 Objective 12 HDR Services 12 City Responsibilities 12 Assumptions 13 Deliverables 13 Task 1300 — Prepare and Assemble Draft and Final Comprehensive Sewer Plans ............ 13 Objective 13 HDR Services 13 City Responsibilities 13 Assumptions 13 Deliverables. 13 Task 2000 — Additional Services ............................................................... .............................14 City of Bremerton Wastewater Comprehensive Plan Update 11 Scope of Services July 2012 Objective 14 HDR Services 14 City Responsibilities 14 Assumptions 14 Deliverables 14 City of Bremerton Wastewater Comprehensive Plan Update III Scope of Services July 2012 This page is left blank intentionally City of Bremerton Wastewater Comprehensive Plan Update IV Scope of Services July 2012 hm EXHIBIT SCOPE OF SERVICES Background This Scope of Services is for the City of Bremerton 2012 Wastewater Comprehensive Plan (WWCP) Update of the 2005 Wastewater Comprehensive Plan The goals of this WWCP are to assess the capacity of the existing sewer conveyance system, identify capacity limitations in the system, identify improvements to support future growth of the system, and provide a cost efficient and prioritized Capital Improvement Plan (CIP) The focus of this sewer plan update will be on the collection and conveyance system A brief evaluation will be provided of the wastewater treatment plant and future evaluations that may be required will be identified The consultant team is lead by HDR Engineering as the prime consultant No subconsultants have been included in the project team at time of the preparation of this scope of services Task 100 - Project Management Objective To monitor, control and adjust the WWCP scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing HDR Services 1 Prepare a Project Management Plan (Project Guide) outlining the project scope, team organization, schedule, and communications information 2 Coordinate and manage the project team 3 Prepare monthly status reports describing the following A Services completed during the month B Services planned for the next month C Needs for additional information D Scope /schedule /budget issues E Schedule update and financial status summary 4 Prepare monthly invoices formatted in accordance with contract terms 5 Project Manager will attend project management meetings with the client Project Manager to review project scope, schedule, and budget issues Meetings will be conducted by conference call 6 Quality assurance — Complete periodic quality assurance management reviews to monitor project execution City Responsibilities 1 Attend project management meetings 2 Timely processing and payment of invoices City of Bremerton Wastewater Comprehensive Plan Update 1 Scope of Services July 2012 3 Review and process contract change requests and amendments, if needed Assumptions 1 The project duration will be 6 months from notice to proceed 2 One project management meeting will be held per month Four hours of project manager time will be required for each meeting to allow for preparation, attendance, follow -up, and notes Monthly project management meetings will be conducted by conference call unless they can be coordinated with a trip to Bremerton for other project tasks 3 Invoices will be HDR standard invoice format 4 Expense backup will not be provided with invoices but will be available for review at HDR Deliverables 1 Scope of services, schedule (Gantt chart or project milestones), and budget (Word /PDF files) 2 HDR's Project Management Plan (Project Guide) (Word /PDF file) for reference only 3 Monthly reports and invoices (one copy with invoice can be mailed or a -mailed PDF file) 4 Monthly project schedule and budget updates 5 Project management meeting agenda and notes (e -mailed Word /PDF files) 6 On -line SharePoint internet site for posting and sharing project information Task 200 — Kick -off Meeting and Tour Objective To hold a combined kick off meeting between City Staff (City) and members of the HDR Team (Consultant) to establish the basis for the Sewer Plan and conduct a tour of select City facilities HDR Services 1 Combined project kick -off and risk management meeting A Prepare an agenda, attend and facilitate the kick- off /risk management meeting to present the project scope, schedule, and deliverables and to refine and focus the services provided under the scope to provide the most value to the City as well as determine potential areas of concern by the City to be addressed in the WWCP B During the meeting, develop a preliminary list of potential risks and risk register to begin the discussion and brainstorming of risks identified by Public Works, administration, management, risk management, engineering, and operations staff C The goal will be to define and list potential risk events within the system, and then begin to prioritize by listing likelihood for the occurrence (probability) and the consequences that may result if the event occurs D Prepare kick off meeting notes and risk register that lists the risk events brainstormed during the kick -off meeting along with their estimated probabilities, consequences, and proposed mitigation (as available) City of Bremerton Wastewater Comprehensive Plan Update 2 Scope of Services July 2012 FDR 2 Meet with City staff and take a "windshield" tour of key City sewer facilities The purpose of the one -day meeting /tour will be for the team to gain a familiarity with the system and provide the opportunity to discuss system issues in the context of the area surroundings City Responsibilities 1 Provide conference room space for the meeting 2 Invite City staff to attend kick -off meeting A Kick -off meeting attendees Sewer /combined sewer (CS) utilities management, engineering, and operations — with an emphasis of those who know the most about the system and how it works 3 Provide background data and information, as requested by HDR for the meeting 4 Provide summaries of known conveyance capacity limited sewers 5 Guide a tour of sewer facilities for members of the HDR team Assumptions 1 Twelve hours is assumed for each of the four HDR staff to attend the meeting /site tour, including travel time and meeting preparation 2 Kick -off meeting will be held in the morning with windshield tour in the afternoon Deliverables 1 Kick- off /risk management meeting agenda — emailed Word/PDF and hardcopy provided to participants 2 Kick -off meeting notes with documented decision points and action items — emailed Word/PDF and risk management meeting Risk Register in Word and Excel — emailed Excel /PDF Task 300 - Data Reviews and Updates Objective To accept and review existing data and information available from and provided by the City for the WWCP update HDR Services 1 Prepare and submit a data request to the City 2 Review and evaluate City provided data as appropriate for updating the WWCP 3 Prepare a request for any additional data that should be collected by the City Data requests may include additional flow monitoring and /or condition assessment information 4 Review improvements that have been made to the wastewater treatment plant since the last sewer plan update and interview the plant superintendent with regard to additional improvements that should be identified in the capital improvement plan 5 Review improvements that have been made to the sewer collection system since the last comprehensive plan update and interview the sewer system and pump station managers for additional information on system operation City of Bremerton Wastewater Comprehensive Plan Update 3 Scope of Services July 2012 fm City Responsibilities 1 Provide available data in electronic format (PDF, Excel, and /or Word) 2 Provide existing plan chapters tables that are to be edited for the updated plan in Word and Excel files 3 Provide documentation of recent wastewater treatment plant and sewer collection system improvements that have been completed since the last sewer plan update ' 4 Provide contact information for plant manager and sewer conveyance system manager(s) for phone interviews regarding the sewer system Assumptions 1 All information will be provided by the City in electronic format, either GIS, AutoCAD, PDF, Word, and /or Excel files 2 HDR will evaluate other City sewer system information from previous work performed for the City and determine the suitability, applicability, and benefit of incorporating the available data Data may include system files from the previous sewer hydraulic model 3 Unless documented otherwise by the City, all conveyance pipelines and lift stations will be assumed to be in serviceable condition capable of conveying the full calculated capacity of the facility Deliverables 1 Data requests via email 2 List of City - provided information and data or data from other sources in PDF format Task 400 - New Service Area Plans Objective Incorporate sewer planning efforts for Urban Growth Areas that have already been developed and other areas within the UGA HDR Services 1 Existing plans have been developed by HDR for Rocky Point, SR 304 Area, South Kitsap Industrial Area (SKIA), Gorst UGA, and Marine Drive Area These documents will be incorporated into the new sewer plan Information will be referenced into the plan from these documents as required 2 Review and Integrate City provided planning for East Bremerton, West Hills, and Navy Yard City City documents will be reviewed for consistency with HDR's previous planning efforts Figures, graphics, and tables will be created to match those from HDR's previous efforts Information will be referenced into the plan from these documents as required 3 The primary purpose of this effort is to review the future impact to the existing collection and conveyance system and identify Improvements that would be required to accommodate future growth 4 The planning effort will Identify estimated loads at select points In the existing system Preliminary design of future sewers within the service areas will not be developed City of Bremerton Wastewater Comprehensive Plan Update 4 Scope of Services July 2012 Im City Responsibilities 1 Review and comment on service area plans 2 Provide calculations, graphics, and other documentation created by the City for the East Bremerton, West Hills, and Navy Yard City service areas Assumptions 1 The sewer plan for new service areas will be as shown in the previous planning documents The previous planning documents show adequate information to determine the sewer impact to the existing systems (pipelines, pump stations, etc) that the new service areas will connect to Deliverables 1 Identification of future service areas will be included in the draft and final sewer plan of Task 1300 Task 500 - Sewer Hydraulic and Hydrologic Analysis Objective To analyze the sewer hydraulic and hydrologic sewer collection system A model will be used to evaluate the existing system and alternatives for upgrading the existing system or provide capacity to accommodate growth in new service areas HDR Services 1 HDR will select a modeling platform from the software titles we currently maintain licenses for 2 Prepare a brief Modeling Technical Memorandum that will describe the modeling process/procedures that will be used for both the combined and separated areas The Modeling Technical Memorandum will also include a summary of the assumptions made regarding basin priontization and modeling parameters 3 Develop a trunk/interceptor model from system information provided by the City or from data HDR has acquired previously 4 If possible and depending upon the model selected, files with system information will be provided back to the City for use in their GIS system 5 Sanitary sewage flow patterns and loadings typical of residential areas in other locations in the northwest will be used for development of the sewer model Estimated development and population from information provided by the City will be used to estimate basin flows No in system flow monitoring data will be used to distribute and refine basin flows through out the system 6 Wet weather system flows will be estimated based on combined sewer system performance during storms over recent years The model will be calibrated as feasible based on whether specific basins overflowed during extreme wet weather events Wastewater treatment plant and the Eastside Treatment Plant flow records will be evaluated to assist in calibration of the existing system City of Bremerton Wastewater Comprehensive Plan Update 5 Scope of Services July 2012 IM 7 Perform modeling analysis to evaluate deficiencies and alternatives for the modeled sewer systems using the design storm event from the City of Bremerton 2000 Combined Sewer Overflow Reduction Plan 8 Perform modeling analysis to determine the impacts of new service areas 9 Provide quality control reviews periodically through the model update and analysis process 10 The model will be used primarily to document the impacts of the new service areas 11 Develop Future Modeling Technical Memorandum to document the steps needed in the City to complete a full system hydraulic model within the 6 -year capital improvement program timeline This TM will be the basis for the CIP task associated with modeling and the future Wastewater Comprehensive Plan City Responsibilities 1 Provide available background system GIS data and shape files Data may include, but is not limited to, parcels, streets, water features, land use /zoning and contour 2 Provide sewer flow data from any monitored points such as pump stations, treatment plants or combined sewer overflow sites 3 Provide access to record drawings or other sewer system data needed to develop the sewer model 4 City staff will work with HDR to help identify which model alternatives to be evaluated 5 Review and provide comments on the Modeling Plan Assumptions 1 The model will be developed to the extent feasible for the budget allocated in the project The primary focus will be for assessment of the trunk and interceptor capacity to serve existing flows and new development Additional refinement of the model for specific basins will be based on identified areas with identified capacity issues and available budget 2 The City has directed HDR that full -scale modeling of the City is not necessary at this time 3 HDR will use existing modeling software that is currently owned by HDR Licensed copies of the software will not be provided to the City as part of this project 4 Allowances for I &I for separated sewer basins where no flow data is available to support the analysis will be based on reports from I &I studies in the northwest 5 City staff indicate that there are not capacity limitations within the existing collection system within the basins 6 Any system information provided out of the model for the GIS system is provided at risk to the City HDR will not verify the information is correct nor assist in integrating the information into the City GIS system 7 The basis of analysis for the existing system will be the CSO control program design event. The flows from this storm event do not represent the maximum storm that may occur In the basins Larger storms may result in system overloading that could result in surface discharges and/or basement backups City of Bremerton Wastewater Comprehensive Plan Update 6 Scope of Services July 2012 17D3 Deliverables 1 Draft and final Modeling Technical Memorandum — emailed PDF 2 Electronic modeling files upon completion of the project (CD -ROM) 3 Draft and final text and exhibits describing the results of the model development and analysis 4 Draft and final Future Modeling Technical Memorandum — emailed PDF This Future Modeling Technical Memorandum will be Incorporated Into a future CIP project (Task 1000) Task 600 — Update Existing Plan Sections Objective To update useable sections of the existing sewer plan to meet WAC 173 - 240 -050 requirements HDR Services 1 Update the existing plan sections with currently available Information A Executive Summary (pending development of the remaining revised sewer plan chapters) B Section 1 Introduction C Section 2 Service Area and System Characteristics D Section 3 Wastewater System Planning Information E Section 9 References F Appendices 2 Review the existing plan sections, determine which portions can be easily updated or revised for inclusion in Task 1400 — Prepare and Assemble Draft and Final Comprehensive Sewer Plans A Section 4 Collection System Evaluation B Section 5 Wastewater Treatment Plant Evaluation C Section 6 Capital Improvement Program D Section 7 Operations E Section 8 Implementation City Responsibilities 1 Provide electronic editable files for the existing sections in Microsoft Word format 2 Provide electronic editable files for the existing figures and tables 3 Provide available new information to update the sections 4 Provide updated appropriate documents for the Appendices 5 Provide the update sections related to the City Wastewater Treatment Facilities section 6 Provide the update sections related to the Operations section City of Bremerton Wastewater Comprehensive Plan Update 7 Scope of Services July 2012 IM Assumptions 1 The work in the Sections identified in Task 700 1 above will largely be straightforward, updating the existing files to reflect service area, regulatory and system upgrades since the last plan 2 The work in the Sections identified in Task 700 2 above will be more limited, as it is anticipated that those sections will largely need to be re- written 3 The City will provide editable (Word, Excel, GIS) files of the existing chapters, tables, figures, and current/updated appendix items (e g wholesale service agreements, etc) Deliverables 1 Updated sections will be provided with the Draft/Final submittals in Task 1400 — Prepare and Assemble Draft and Final Comprehensive Sewer Plans Task 700 - Operation and Maintenance Procedures Objective To incorporate City provided section into the WWCP HDR Services 1 Format and incorporate City provided text into a chapter in the WWCP City Responsibilities 1 Provide Operation and Maintenance chapter Assumptions 1 City will provide all tables, text, and data needed in Word format Deliverables 1 Information from this task will be incorporated into the draft and final O &M section of the WWCP Task 800 — Develop and Evaluate System Alternatives Objective To develop and evaluate sewer system alternatives for improving levels of service of sewers within the system HDR Services 1 Identify alternatives to provide adequate capacity to accommodate flows from future development 2 Hold up to two alternative development and evaluation workshops at the City offices with City staff The purpose of each workshop will be to develop, review, discuss, prioritize, and eliminate or select alternatives methods for Increasing the system capacity City of Bremerton Wastewater Comprehensive Plan Update 8 Scope of Services July 2012 3 Develop alternatives to improve the interceptor and trunk sewer system considering the entire sanitary and combined wastewater collection and treatment systems The alternatives development will begin with an understanding of the current loading and available capacity of key existing wastewater facilities including trunk sewers, Interceptors, lift stations, secondary treatment facilities and treated effluent outfalls The alternatives will Include alternative conveyance routing 4 Include planning level cost estimates for viable alternatives City Responsibilities 1 Provide system knowledge and operational understanding to help the HDR team to develop and evaluate alternatives 2 Answer system questions and provide Information that may be necessary to evaluate alternatives 3 Review and comment on draft alternatives development 4 Host workshops in City conference rooms Assumptions 1 An alternative is a combination of options within or between sewer basins Options consist of specific projects, procedures or policies that can be implemented to address a specific issue 2 The Improvement alternatives will focus on the interceptor and trunk sewer conveyance systems 3 Treatment plant alternatives will not be developed and evaluated 4 Improvements Indentified in the 2006 plan that have not been completed may be carried forward in the updated plan 5 For the system wide alternative development, the available capacity of conveyance pipelines and lift stations will be based on the full calculated capacity unless documented otherwise in the data review and system documentation in Tasks 400 and 500 Deliverables 1 Correspondence via email on alternatives Task 900 — Budgetary Cost Estimates Objective To prepare planning level budgetary cost estimates for capital Improvement projects for entering Into the Capital Improvement Plan Opinions of probable project costs are made on the basis of Information available and qualifications and experience of the project team However, HDR has no control over the changing cost of labor, materials, equipment or services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or changing market conditions Therefore HDR does not guarantee that cost proposals, bids or actual project or construction costs will not vary from the opinions of probable costs City of Bremerton Wastewater Comprehensive Plan Update 9 Scope of Services July 2012 MR HDR Services 1 Prepare planning level budgetary opinions of probable cost for each basin alternative and Identified capital projects 2 Develop a standard cost estimating methodology and spreadsheet tool that will be used to compare and evaluate project alternatives. 3 Prepare preliminary ranges -of -costs estimates for combined sewer area alternatives so that they are available to provide a cost perspective for decision makers during discussions of acceptable levels of service In combined sewer basins 4 Planning level budgetary cost estimates will Include the following cost elements A Construction capital B Administration, permitting, and engineering allocations C Real estate D Construction management E Maintenance and operation F Contingency G Escalation (to construction year) 5 Perform Independent QC review of cost estimates and spreadsheet calculations City Responsibilities 1 Provide similar project bid tabs and costs 2 Provide typical City ancillary costs for project administration, permitting and other project implementation costs 3 Review and comment upon unit prices to be used in cost estimates 4 Review and comment on cost estimates 5 Provide quantities and /or cost estimates for treatment plant upgrades provided Assumptions 1 Existing available cost estimates and project cost data will be used to prepare the cost estimates Deliverables 1 Excel spreadsheet cost estimates for each capital project 2 Summary cost tables to be included in the plan Task 1000 - Prepare Capital Improvement Plan Objective To identify, prioritize, show justification, and schedule sewer system Improvement projects and present the list of projects in a tabulated format in the plan City of Bremerton Wastewater Comprehensive Plan Update 10 Scope of Services July 2012 tag HDR Services 1 Work with the City in a meeting to discuss and develop project evaluation, screening and prioritization criteria to be used in the selection of and prlontlzatlon of projects The contents of the CIP table and project sheets will also be reviewed and refined at this meeting 2 Describe the CIP prlontlzatlon process, project justification and description Describe selection and justification for proposed capital and non - capital Improvement projects 3 Prepare a CIP spreadsheet that can be used to describe and sort projects by date, schedule, priority, or type 4 Outline and summarize the schedule of capital Improvement projects In a summary table by year for the first six years, in six year Increments for the next 18 years, and other potential projects as conditions dictate City Responsibilities 1 Work with HDR team to evaluate alternatives and select CIP projects 2 If the data Is available, organize and summarize system pipe age and line break information to help evaluate remaining pipe life throughout the system 3 Provide project descriptions and costs for Items to be Included for the wastewater treatment facilities 4 Help to select project prioritization criteria 5 Review and comment on draft CIP Assumptions 1 City will provide available similar project cost information to help set up cost models Deliverables 1 Draft and final CIP Microsoft Excel project cost estimating tool Task 1100 — SEPA Support Objective To incorporate City provided section Into the WWCP HDR Services 1 Incorporate City provided SEPA documentation into the WWCP City Responsibilities 1 Complete the development of the SEPA checklist and submit for review with applicable City departments 2 Provide the completed SEPA checklist City of Bremerton Wastewater Comprehensive Plan Update 11 Scope of Services July 2012 I-DR Assumptions 1 The City will develop and submit the SEPA Checklist to the SEPA official Deliverables 1 Information from this task will be incorporated Into the draft and final O &M section of the WWCP Task 1200 — Financial Plan Objective To prepare a defensible financial plan for the sewer plan to coordinate and account for funding needed for the Identified Capital Improvements and projected operating and maintenance expenses over the next six year period HDR Services 1 Past and present financial condition — Document and summarize the wastewater utility financial performance for the past three years Review and tabulate sewer utility revenues, expenses and cash flow from 2008 through 2010 Tabulate the retail and wholesale sewer rate history from 2008 through 2010 2 Available revenue sources — Document available sources of revenue and funding for capital and operational costs Describe past approaches and /or policies that establish City funding methods Anticipated revenue sources Include state and federal grants and loans, City and wholesale customer user charges, connection charges, and bonds 3 Provide financial parameters for determining the sewer revenue requirement to fund capital and operations related projects Identified in the CIP Summarize and tabulate the projects capital costs for six years from 2013 through 2018 4 Capital financing alternatives — Identify capital financing alternatives for a strategy Incorporating rates, reserves, development fees, connection charges, and debt financing Identify and document potential funding assistance programs including available state and federal grant and loan programs 5 Connection and system development charges — Review the current connection charges applicable to new development and redevelopment In light of the recommended CIP, recommend possible updates, adjustments, or other fees for revenue generation for new growth related facilities 6 Rate forecast and Impacts — Develop a sewer rate forecast that Incorporates the operating costs and capital improvements identified In the plan Provide a six year rate transition plan of any required rate modifications and annual revenues and expenses 7 Financial strategy — Document and recommend a financial strategy outlining funding sources, financial policies, and proposed rates 8 The financial plan shall fit into the "Reasonable Cost of Service" process City Responsibilities 1 Provide financial, budgeting, rate and customer information 2 Provide any existing City cash flow models to be use In the analysis City of Bremerton Wastewater Comprehensive Plan Update 12 Scope of Services July 2012 FDR Assumptions 1 This will be an update of, and will follow the format of, the 2006 Sewer Plan financial chapter 2 One financial plan re- iteration will be done after a review and update of the projects In the initial plan are either resized or rescheduled Deliverables 1 Draft Financial Plan for City review— emailed Word and PDF files 2 Final Financial Plan In the Comprehensive Sewer Plan Task 1300 - Prepare and Assemble Draft and Final Comprehensive Sewer Plans Objective To assemble all of the information prepared in the above tasks into the draft sewer plan for City, wholesale customer, and DOE review, then to Incorporate comments and prepare and Issue the final plan HDR Services 1 Review alternative document formats for the final plan Including traditional printed and bound, or electronic based format 2 Prepare an Executive Summary of the plan to be included at the front of the plan document 3 Assemble the final chapters and supporting memoranda into the final WWCP and appendices document The document will be assembled Into bound documents and Include A Sewer Plan Chapters B Appendices - Supporting Documents, City Responsibilities 1 Select a document format for the final sewer plan update 2 Review draft copy of the plan and provide comments Provide a single set of review comments with inconsistencies and conflicts eliminated 3 Co -stamp and sign the WWCP Assumptions 1 The plan will follow the same format as the 2005 Comprehensive Sewer Plan Deliverables 1 Sewer plan outline 2 Draft plan in PDF format along with five printed copies Appendices will not be printed City of Bremerton Wastewater Comprehensive Plan Update 13 Scope of Services July 2012 FDR 3 Final plan in PDF format 4 Six bound sets of the final document with each set bound in three three -ring binders Appendices will not be printed 5 Twenty compact disks with PDF file copies of the sewer plan and appendices Task 2000 - Additional Services Objective To provide additional undefined or as- requested services to the City HDR Services 1 It is difficult to accurately anticipate all the issues that may arise during the development of the Comprehensive Sewer Plan This task establishes a contingency fund for unidentified and unanticipated work 2 This task is specifically designed to allow payment to HDR under this contract for changes in the scope of work which the City determines to be necessary The funds included in this task cannot be utilized without written approval from the City City Responsibilities 1 When identified, authorize additional services in via email and /or in writing Assumptions 1 Approximately ten percent of the budget is established for additional services Deliverables 1 To be determined City of Bremerton Wastewater Comprehensive Plan Update 14 Scope of Services July 2012 City of Bremerton Wastewater Comprehensive Plan Update Date 10 Jul 12 Exhibit B Comp ensation - PROJECT HOURS AND BUDGET ESTIMATE Labor HOURS FOR EACH TASK Total HDR Labor Rates 1 PM 2 KO 3 Data 4 SAP i Anal si 6 PI Ch 7 O &M 8 Alts 9 Costs 10 CIP 11SEPAl2FInanci 13 CSP 13 CSP 20 Hours Cost Project Principal Bergstrom $70 4 12 24 8 40 8 24 2 4 26 152 $10640 Project Manager Bartle $56 144 12 2 24 16 4 24 4 4 16 250 $13903 Project Engineer Johnson $41 16 32 8 16 16 80 40 40 40 288 $11 938 0 $0 WWT Brown $70 8 8 16 $1115 Modeling Habermeyer $33 16 60 40 280 60 16 24 496 $16393 Forecasting O Rourke $44 60 60 60 180 $7893 Financial Koorn $66 8 1 50 1 58 $3808 0 $0 0 $0 0 $0 0 $0 0 $0 GIS $44 40 8 16 24 88 $3881 CAD $44 16 16 32 $1411 Graphics L Bartle $29 40 32 16 8 60 156 $4552 Sewer Plan OC Hansen $49 8 4 24 36 $1 776 Modeling QC Tamura $45 40 40 $1 800 Project Assistant $26 10 8 20 8 8 24 4 8 40 130 $3419 Project Controller $41 36 36 $1 481 Total Task Hours 184 66 118 144 464 156 8 220 70 148 4 62 314 0 0 1,958 $84010 Subtotal Direct Labor 9 769 2 962 5 101 5 631 18 105 6 900 210 9 392 3 330 5 951 105 3 715 12 837 0 0 $84010 Overhead @ 185% 18 073 5 480 9 436 10 418 33 494 12 765 389 17 375 6 161 11 010 195 6 873 23 749 0 0 $155418 Total HDR Labor Cost 27842 8 442 14537 16049. 51 599 19 665 599 26 767 9 491 16 961 300 10 588 36 586 0 0 $239,428 HDR Expenses 1 PM 2 KO 3 Data 4 SAP i Analyst 6 PI Ch 7 O &M 8 Alts 9 Costs 10 CIP 11 SEPA 2 Fmanci 13 CSP 13 CSP 20 HDR Experts 91 Miscellaneous Mail/Couner 250 100 50 $400 92 Travel (Mileage) 150 100 100 100 100 $550 92 Outside Travel (air hotel car per diem) $0 93 Outside holosrSurvs $0 95 Outside Printing Drawings $0 95 Internal Copying 150 100 200 200 550 550 100 100 300 100 2000 $4350 Additional Services Task 20 Allocation 20000, $20000 97 Per Labor Hr Tech Charge $3 70 681 244 437 533 1 717 577 30 814 259 548 15 229 1 162 0 0 $7 245 Expense Admm (Outside $ only) 5 0% 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0 Total HDR Expenses 1 081 594 737 733 2 367 1 127 30 1 014 359 848 15 329 3 312 0 20 000 $32545 TOTAL HDR LABOR AND EXP 28 923 9 037 15 273 16782 53 966 20 792 629 27 761 9 850 17 809 315 10 918 39 898 0 20 000 . �� $271,972 Subtotal Cost by Task 28 923 9 037 15 273 16 782 53 966 20 792 629 27 781 9 850 17 809 315 10 918 39 898 01 20 000 1 $271 972 FEE as % of Total HDR Labor & Fee 10 0° /, 3 094 938 1 615 1 783 5 733 2 185 67 2 974 1 055 1 885 33 1 177 4 065 0 0 $26603 Next Year's HDR Labor Escalation 3 09/ 139 42 73 80 258 98 3 134 47 85 2 53 183 0 0 $1 197 TOTAL ESTIMATED 1 PM 2 KO 3 Data 4 SAP Anal si 6 PI Ch 7 O &M 8 Alts 9 Costs 10 Cl P 11 SEPA 2 Financ 13C 13 CSP 20 ¢ Total COST AND FEE 32 156 i0017 16 961 18 646 59 957 23 0751 6991 30 889 1 10 952 1 197781 350 121471 441461 0 20 000 $299,772 Next years HDR labor escalation was calculated assuming 150°/, of the work would be completed next year AGENDA BILL 7A CITY OF BREMERTON CITY COUNCIL SUBJECT: Public hearing on an ordinance NO 51 Study Session Date July 11, 2012 amending BMC Chapter 20 04, State COUNCIL MEETING Date July 18, 2012 Environmental Policy Act Department DCD Presenter Andrea L Spencer Phone 360 473 5283 SUMMARY: The Bremerton Municipal Code (BMC) Chapter 20 04, contains provisions for the City's implementation of the State Environmental Policy Act (SEPA) requirements The City's regulations were drafted primarily in 1984, and since that time the state legislature has made modifications to SEPA Staff recommends that Council update the references in the BMC to include new provisions contained in the Washington Administrative Code (WAC) related to SEPA The proposed ordinance contains two updates to the SEPA rules 1) Reference is added to BMC 20 04 010 Statutory Authority to include reference to the city's comprehensive plan, capital facilities plans, and municipal code These references are important as these policies and regulations and their associated environmental review documents are often used during the mitigation process for development projects 2) Add a new Section 20 04 205 called "Planned Action " This incorporates the provisions contained within the WAC 197 -11 164, 197 -11 -168, & 197 -11 -17 ATTACHMENTS: 1) Proposed Ordinance IV.-,. 5/9? 11) Washington Administrative Code (WAC) Excerpts being adopted by reference FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR - RECOMMENDED MOTION: Move to pass Ordinance No 51 U amending Chapter 20 04 BMC State Environmental Policy Act to include provisions for Planned Action environmental review and clarify the statutory authority STUDY SESSION ACTION- ❑ Consent Agenda ❑ Gen al Business Public Hearing COUNCIL PRESIDENT i COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 ORDINANCE NO. 516 "7 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 2004 of the Bremerton Municipal Code entitled "State Environmental Policy Act" to update the section relating to statutory authority for SEPA and to add provisions for Planned Action environmental review WHEREAS, the current provisions of Chapter 20 04, State Environmental Policy Act (SEPA), of the Bremerton Municipal Code (BMC) were primarily drafted in 1984, and WHEREAS, the Chapter 20 04 010 BMC requires minor modification to clarify the statutory authority the City uses to perform environmental review, and WHEREAS, in 1997 amendments to the SEPA rules were enacted by the State Legislature allowing jurisdictions to prepare environmental impact statements for planned actions such as those projects identified in a subarea plan, and WHEREAS, the current provisions of Chapter 20 04 BMC do not contain provisions for Planned Action environmental review, and WHEREAS, the City Council desires to incorporate changes to the City's SEPA regulations to allow flexibility to implement the beneficial planned action tool, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 20 04 010 of the Bremerton Municipal Code entitled "Statutory Authority" is hereby amended to read as follows 20.04.010 STATUTORY AUTHORITY. The City adopts the ordinance codified in this chapter under the State Environmental Policy Act (SEPA), RCW 43 21C 120, and the SEPA Rules, WAC 197 -11 -904 This chapter contains the City's SEPA procedures and policies The SEPA Rules, Chapter 197 -11 WAC, must be used in conjunction with this chapter The City also designates and adopts by reference the following policies and regulations as the basis for the City's exercise of authority pursuant to this chapter Comprehensive Plan Capital Facilities Comprehensive Plans, and the Bremerton Municipal Code including but not limited to Title 6 (Health and Sanitation), Title 11 (Streets and Rights -of -Way) Title 15 (Municipal Utilities) Title 17 (Buildings and Construction), and Title 20 (Land Use) 1 SEPA Planned Action SECTION 2 A new section, Section 20 04 205, entitled " Planned Actions " is hereby added to Chapter 20 04 of the Bremerton Municipal Code to read as follows 20.04.205 PLANNED ACTIONS. The City adopts by reference and codifies in this chapter the State Environmental Policy Act (SEPA) rules, WAC 197 -11 -164, WAC 197 -11 -168, and WAC 197 -11 -172 that establish the definitions, procedures, and project review requirements for Planned Actions SECTION 3. Severabihty 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 4. 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 , 2012 JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 9 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances \Community Development \SEPA Code Change Planned Action 1 doc 2 SEPA Planned Action Attachment II — WAC References WAC 197 -11 -164 Planned actions -- Definition and criteria. (1) Under RCW 43 21 C 031, GMA counties /cities may designate a planned action A planned action means one or more types of project action that (a) Are designated planned actions by an ordinance or resolution adopted by a GMA county /city; (b) Have had the significant environmental impacts adequately addressed in an EIS prepared in conjunction with (i) A comprehensive plan or subarea plan adopted under chapter 36 70A RCW, or (n) A fully contained community, a master planned resort, a master planned development, or a phased protect, (c) Are subsequent or implementing projects for the proposals listed in (b) of this subsection, (d) Are located within an urban growth area, as defined in RCW 36 70A 030, or are located within a master planned resort, (e) Are not essential public facilities, as defined in RCW 36 70A 200, and (f) Are consistent with a comprehensive plan adopted under chapter 36 70A RCW (2) A GMA county /city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than the jurisdictional boundaries of the GMA county /city (3) A GMA county /city may limit a planned action to a time period identified in the EIS or the designating ordinance or resolution adopted under WAC 197 -11 -168 WAC 197 -11 -168 Ordinances or resolutions designating planned actions -- Procedures for adoption. (1) If a GMA county /city chooses to designate a planned action, the planned action must be designated by ordinance or resolution Public notice and opportunity for public comment shall be provided as part of the agency's process for adopting the ordinance or resolution (2) The ordinance or resolution (a) Shall describe the type(s) of protect action being designated as a planned action, (b) Shall describe how the planned action meets the criteria in WAC 197 -11 -164 (including specific reference to the EIS that addresses any significant environmental impacts of the planned action), (c) Shall include a finding that the environmental impacts of the planned action have been identified and adequately addressed in the EIS, subject to protect review under WAC 197 -11 -172, and (d) Should identify any specific mitigation measures other than applicable development regulations that must be applied to a project for it to qualify as the planned action (3) If the GMA county /city has not limited the planned action to a specific time period identified in the EIS, it may do so in the ordinance or resolution designating the planned action (4) The GMA county /city is encouraged to provide a periodic review and update procedure for the planned action to monitor implementation and consider changes as warranted Attachment II — WAC References WAC 197 -11 -172 Planned actions -- Project review. (1) Review of a project proposed as a planned action is intended to be simpler and more focused than for other projects A protect proposed as a planned action must qualify as the planned action designated in the planned action ordinance or resolution, and must meet the statutory criteria for a planned action in RCW 43 21C 031 Planned action project review shall include (a) Verification that the project meets the description in, and will implement any applicable conditions or mitigation measures identified in, the designating ordinance or resolution, and (b) Verification that the probable significant adverse environmental impacts of the project have been adequately addressed in the EIS prepared under WAC 197 -11 -164 (1)(b) through review of an environmental checklist or other project review form as specified in WAC 197 -11 -315, filed with the project application (2)(a) If the project meets the requirements of subsection (1) of this section, the project shall qualify as the planned action designated by the GMA county /city, and a project threshold determination or EIS is not required Nothing in this section limits a GMA county /city from using this chapter or other applicable law to place conditions on the project in order to mitigate nonsignificant impacts through the normal local project review and permitting process (b) If the project does not meet the requirements of subsection (1) of this section, the project is not a planned action and a threshold determination is required In conducting the additional environmental review under this chapter, the lead agency may use information in existing environmental documents, including the EIS used to designate the planned action (refer to WAC 197 -11 -330 (2)(a) and 197 -11 -600 through 197 -11 -635) If an EIS or SEIS is prepared on the proposed project, its scope is limited to those probable significant adverse environmental impacts that were not adequately addressed in the EIS used to designate the planned action (3) Public notice for projects that qualify as planned actions shall be tied to the underlying permit If notice is otherwise required for the underlying permit, the notice shall state that the project has qualified as a planned action If notice is not otherwise required for the underlying permit, no special notice is required However, the GMA county /city is encouraged to provide some form of public notice as deemed appropriate AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution # X17 A pting Study Session Date July 11, 2012 the 2013 — 2018 Six Year Transportation COUNCIL MEETING Date July 18, 2012 Improvement Plan Department PW &U Presenter Knuckey Phone 473 -2376 SUMMARY: The Six -Year Transportation Improvement Program (TIP) is prepared pursuant to RCW 35 77 010 The TIP 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 TIP has been prepared for City Council approval by Resolution prior to submittal to the Washington State Department of Transportation This TIP is consistent with Bremerton's Comprehensive and Non - Motorized Transportation Plans ATTACHMENTS: 2013 — 2018 Six Year TIP, Council Summary, Resolution No 3 1 7L FISCAL IMPACTS (Include Budgeted Amount) None Annual adoption of a six -year TIP is required by State law, and is nPr•accary to receive certain State and Federal Transportation funds The TIP includes $ 4b projects over the 6 -year planning period APPROVALS: DEPARTMENT DIRECTOR 7 CITY ATTORNEY FINANCE DIRECTOR y -- " MAYOR RECOMMENDED MOTION: Move to approve Resolution No �� , which approves the City's 2013 — 2018 Six -Year Transportation Improvement Plan, and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office STUDY SESSION ACTION: ❑ Consent Agenda ❑ Ge eral Business Xpublic Hearing COUNCIL PRESIDENT G �� /) '1 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION ADOPTING THE 2013 — 2018 SIX YEAR TRANSPORTATION IMPROVEMENT PLAN SUMMARY RCW 35 77 010 outlines requirements associated with development and adoption of the comprehensive six year transportation program (TIP ) The TIP is submitted annually to both WSDOT and the Puget Sound Regional Council, and is used as a planning tool for local, State and Federal transportation funding entities to determine need Inclusion of projects in the TIP (and incorporated into the State Transportation Improvement Program — STIP ) allow the City to pursue state and federal grant funding when available The proposed TIP is consistent with the proposed Street CIP, and includes $48,779,250 in projects over the 6 -year planning term The proposed TIP generally carries forward projects from the existing 2012 — 2017 TIP with revised schedules, but includes the following major revisions Proiects from the current TIP not included in the proposed TIP • 2012 construction projects (11 & Warren, Highway Safety Improvements, and Armin Jahr Sidewalks) • Lower Wheaton Way at Schley Intersection Improvements — a signal is not anticipated as required during the 6 -year TIP Term • Green Streets Program — all projects will consider LID features making this item redundant • Non - motorized transportation plan projects — this general category is removed, and replaced with specific projects New projects in the proposed TIP • 11 Street Overcrossing Replacement — a load rating analysis on the bridge is underway, and expected to result in a degraded sufficiency rating, and possible load restriction • Four projects previously included under the general category of non - motorized transportation projects (Access Ways in Dockside, Kitsap Way at Harlow Intersection, Naval Avenue Road Diet, and Shore Drive Shared Use Path) • Armin Jahr Elementary Sidewalks Phase II — complete sidewalks south of the school • Bremerton Highway Safety Improvements Phase II — complete projects from the 2010 report not constructed in 2012 • Street Lighting Improvement — construct street lights committed to in developer agreements • Werner Road Widening and Signal — construct improvements • Traffic Caimmg — annual program to construct traffic calming • Washington Avenue Complete Street — continue improvements from 5 th to the north connecting to Pacific Avenue FISCAL SUMMARY Adoption of the Six Year TIP makes the City eligible to obtain federal grants for projects City of Bremerton Six Year Transportation Improvement Plan RESOLUTION NO. 31 A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the 2013 — 2018 Six Year Transportation Improvement Plan WHEREAS, after proper notice, the City Council of the City of Bremerton held a public hearing at the regular meeting of the City Council at 5 30 p m on July 18, 2012 to consider public testimony on the City's proposed 2013 - 2018 Six Year Transportation Improvement Plan and, having considered public testimony to the Plan and in accordance with the provisions of RCW 47 80, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. The 2013 through 2018 Six Year Transportation Improvement Plan, set forth in Exhibit "A" attached hereto and herewith filed with the City Clerk, is hereby adopted SECTION 2. Severabilia If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 3. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2012 JIM MCDONALD, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk R U.egal\Legal\Resolutjons\Pubhc Works\2008 Resolution for TIP doc 1 Six Year Transportation Plan ANIL ,�„ Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 < T ° 'o C A PIN /Project No B STIP ID c 3 R Z C Project Title D c D Road Name or Number a a o n d 0 o E Begin & End Termini °± z .� o a m H d F Project Description G Structure ID is c. C m y ? CD Q 14 WA -03928 11 O 0 010 CE No 11 Street Overcrossmg Replacement Eleventh Street 01 E of SR310 to 0 11 EofSR310 Replacement of existing structure 08522400 Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2014 STP(U) 432,500 0 67,500 500,000 P CN 2015 STP(U) 2,595,000 0 405,000 3,000,000 Totals 3,027,500 0 472,500 3,500,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 500,000 0 0 0 CN 0 0 3,000,000 0 0 Totals 0 500,000 3,000,000 0 0 Report Date June 15, 2012 Page 1 Six Year Transportation Improvement Program Vepw From 2013 to 2018 Agency Bremerton County Kitsap MPO/RTPO PSRC Y Inside N Outside m 3 < M ? o' o 0 3 c c z C Project Title ezo D a o ° n °—' CL c c D Road Name or Number 9 K� E Be in & End Termini OA d 0 tr F Project Description G Structure ID m' n ,°. m ai e� c. 00 WA -03942 28 O No Access ways in Dockside to Pave non - motonzed facilities Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 17,300 2,700 20,000 Totals 0 17,300 2,700 20,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 20,000 Totals 0 0 0 0 20,000 Report Date June 15, 2012 Page 2 , " �, Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside M 3 '< T v A PIN /Protect No B STIP ID 0 3_ ° z C Project Title D A c c D Road Name or Number C. a o •°+ n °—' a d E Begin & End Termini .� o, ° z to U) d -9 F Project Description G Structure ID o $ y 0 ° a 19 WA -03926 28 0 320 CE No Armin Jahr Elementary Sidewalks Phase II McClain Sheridan Road to Stewart & E 31st Construct sidewalk infill on East side of McClain and the North side of E 31 st to complete sidewalk construction south of the Elementary School as identified in the City's Non - Motonzed Transportation Plan Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2013 STP(U) 100,000 0 0 100,000 P CN 2014 STP(U) 400,000 0 0 400,000 Totals 500,000 0 0 500,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 100,000 0 0 0 CN 0 0 400,000 0 0 Totals 0 100,000 400,000 0 0 Report Date June 15, 2012 Page 3 AdbL W6111111111111MU" Still" Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 '< M o o eo T = A PIN /Project No B STIP ID 0 3 Z C Project Title = y 0_ 0 c D Road Name or Number o °K 0 0 m E Begin 8 End Termini .°. Z ° a m' _+ q d F Project Description G Structure ID 14 WA -02834 03 C G O P S Yes T Arsenal Way/Patton Avenue Safety Improvements to Safety Improvements including curb, gutter, sidewalks, lighting, roadway widening, and intersection improvements Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2014 0 WSDOT 86,500 13,500 100,000 Totals 0 86,500 13,500 100,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 01 0 100,000 Totals 0 0 01 0 100,000 Report Date. June 15, 2012 Page 4 ro V ,,, ,� Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 < V X c 'o C A PIN /Project No B STIP ID c 3 = 0 7 Z C Project Title c D Road Name or Number e a o o n r °—' a F 0 Q E Begin & End Termini 13 a Z •� o a m • S. H d F Project Description G Structure ID m a A y s a 14 WA -03938 21 C G O P S No T Bremerton Highway Safety Improvements - Phase II to Safety improvements at various locations as identified in the 2010 WSDOT report that were not completed in the 2012 construction project Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2014 0 WSDOT 103,800 16,200 120,000 P CN 2015 0 WSDOT 519,000 81,000 600,000 Totals 0 622,800 97,200 720,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 120,000 0 0 0 CN 0 0 600,000 0 0 Totals 0 120,000 600,000 0 0 Report Date June 15, 2012 Page 5 6 �,,, Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 < ° o , A PIN /Project No B STIP ID c c Z C Project Title D co C n» c D Road Name or Number c CL » n r m Q E Begin & End Termini = Z °a to e H d F Project Description G Structure ID m a °. o a �o a 19 WA -02827 28 O No City Sidewalk Improvements to Repair, replacement and construction of deteriorated and missing or non - standard Sidewalk segments and handicap ramp installation throughout the City as identified in the non - motorized transportation plan Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2013 0 WSDOT 572,250 87,750 660,000 P CN 2013 0 WSDOT 1,182,750 182,250 1,365,000 Totals 0 1,755,000 270,000 2,025,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 10,000 150,000 100,000 150,000 250,000 CN 15,000 350,000 150,000 350,000 500,000 Totals 25,000 500,000 250,000 500,000 750,000 Report Date June 15, 2012 Page 6 OT ��,�,�, Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m v 0 A PIN /Project No B STIP ID c 3 z C Project Title y ee C D Road Name or Number e=n c ° a o 0 10 a E Begin & End Termini o a ' e z V m H >+? F Project Description G Structure ID m' n .'. o 0 C a 19 WA -02825 06 O No City Street Pavement Preservation Program Local Streets - Non Federal Aid to Pavement preservation projects on non - federal aid eligible city streets Work includes pavement and associated curb, gutter and sidewalks as identified in periodic pavement/street condition reports Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2013 0 WSDOT 648,750 141,250 790,000 P CN 2013 0 WSDOT 10,163,750 1,835,500 11,999,250 Totals 0 10,812,500 1,976,750 12,789,250 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 40,000 150,000 150,000 150,000 300,000 CN 249,250 2,350,000 2,350,000 2,350,000 4,700,000 Totals 289,250 2,500,000 2,500,000 2,500,000 5,000,000 Report Date June 15, 2012 Page 7 io„ Six Year Transportation Improvement Program .par.... of Transportat From 2013 to 2018 Agency Bremerton County Kdsap MPO/RTPO PSRC Y Inside N Outside m 3 '< T ° o A PIN /Project No B STIP ID 0 C 3 Z C Project Title y eo c D Road Name or Number e=n a o, o �'+ 0 r y o B E Begin & End Termini m ° ' c 0 m 9 F Project Description G Structure ID m ea C a�i a 14 WA -02826 06 0 No City Street Preservation Program Arterial Streets - Federal Aid Eligible to Pavement preservation projects on federal aid eligible city streets Work includes pavement and associated curb, gutter and sidewalks as identifiedm periodic pavement/street condition inventories Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2013 0 WSDOT 475,750 74,250 550,000 P CN 2013 0 WSDOT 6,401,000 999,000 7,400,000 Totals 0 6,876,750 1,073,250 7,950,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 50,000 100,000 100,000 100,000 200,000 C N 400,000 1,400,000 1,400,000 1,400,000 2,800,000 Totals 450,000 1,500,000 1,500,000 1,500,000 3,000,000 Report Date June 15, 2012 Page 8 A01111, 1111 W70 Deparbnent " Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kdsap MPO/RTPO PSRC Y Inside N Outside M T o m = A PIN /Project No B STIP ID 3 0 3 = o 0 z C Project Title = D 0 a 0 �- m n c D Road Name or Number m c a 0 �* 0 J2 >v o 3 E Begin & End Termini ° Z CL m 0 d F Project Description G Structure ID m a o H s a 01 WA -02846 28 C O P S T Yes W Gorst - Sinclair Trail to Construction of a pedestrian and bicycle facility adjacent to SR3/166/304 from Missouri Gate intersection at Naval Station Bremerton through Gorst to Port Orchard City Limits Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2015 0 OTHER 86,500 13,500 100,000 Totals 0 86,500 13,500 100,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 01 0 100,000 Totals 0 0 01 0 100,000 Report Date June 15, 2012 Page 9 ==of Trafftat ,ion Six Year Transportation Improvement Program From 2013 to 2013 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 0 � o c A PIN /Project No B STIP ID 3 c 3 o C Project Title Z y ,D c c D Road Name or Number c o, c ,°. r m c E Begin & End Termini 'a CD Z �e a � •a aid F Project Description G Structure ID m' a a 3 m a 19 WA -02831 03 C G O P S CE Yes TW Harrison District Traffic Circulation Improvements to Various vehicular and pedestrian traffic circulation improvements in support of the Harrison District Plan Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P CN 2017 0 WSDOT 8,650 1,350 10,000 Totals 0 8,650 1,350 10,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th CN 0 10,000 0 0 0 Totals 0 10,000 01 0 0 Report Date June 15, 2012 Page 10 i T poruffim Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County. Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 '< . nm c A PIN /Protect No B STIP ID c c c Z C Project Title A c a tv n c D Road Name or Number a a c m 0 Q E Begin & End Termini v a -I c V S U) d F Project Description G Structure ID m a R c y CL z a 14 WA -03943 28 O P Yes Kitsap Way at Harlow Intersection to Construct pedestrian facilities to provide safe crossing of Kitsap Way Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 34,600 5,400 40,000 Totals 0 34,600 5,400 40,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 40,000 Totals 0 0 01 0 40,000 Report Date June 15, 2012 Page 11 W tat, Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 < M ° o X A PIN /Project No B STIP ID > 0 3 C Z C Project Title D 0 C �o , C D Road Name or Number e 0 ° a 0 n r ° —' 0 E Begin & End Termini '0.0. m Z 0 m' c CL U) 0 0 F Project Description G Structure ID ,0 o, 0 m F a a 17 WA -02830 28 C G O P T EIS Yes - W Marine Drive Non - Motonzed Transportation Improvements to Provision of "safe haven" for pedestrians and bicyclists along Marine Drive from Kitsap Way to the Terminus of Marine Drive Funding Status Phase Phase Start Year (YYYI� Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 86,500 13,500 100,000 Totals 0 86,500 13,500 100,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 100,000 Totals 0 0 ol 0 100,000 Report Date June 15, 2012 Page 12 e Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kdsap MPO/RTPO PSRC Y Inside N Outside m 3 '< V c o m = A PIN /Project No B STIP ID 3 0 3 = o C z C Project Title y n c D Road Name or Number d c a 0 n r I 0 Cr E Begin & End Termini = Z V ° a m' H m F Project Description G Structure ID m' a ,'. o H e� a 16 WA -03944 28 C G O P S 0 760 EA Yes T Naval Avenue Road Diet Naval Avenue First Street to 15th Street Reduce vehicle lanes and add bicycle lanes and pedestrian improvements Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 43,250 6,750 50,000 Totals 0 43,250 6,750 50,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 01 0 50,000 Totals 0 0 01 0 50,000 Report Date June 15, 2012 Page 13 Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County* Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 -moo o ° A PIN /Pro y 3 act No B STIP ID 0 3 _ o CD 0 Z C Project Title y m c 0 c7 c D Road Name or Number c 'a o M n 9 (D F 0 E E Begin & End Termini Z •a ° a m •� S. 4" m F Project Description G Structure ID m a o 0 H ? $ a 17 WA -02832 03 C G O P S No TW Oyster Bay Avenue Improvements to Improvements (incl minor widening) to Oyster Bay Avenue from Kdsap Way to Arsenal Way Funding Status Phase Phase Start Year (YYYlr7 Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 259,500 40,500 300,000 Totals 0 259,500 40,500 300,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 61th PE 0 0 0 0 300,000 Totals 0 0 0 0 300,000 Report Date June 15, 2012 Page 14 AOL ,te �,,, Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kdsap MPO /RTPO PSRC Y Inside N Outside M 3 < V T -+ o o i N -n A PIN /Project No B STIP ID 0 9 _ C 1z Z C Project Title = D n c D Road Name or Number a a 0 r EL c m c E Begin & End Termini s °. e z CL d m a ai F Project Description G Structure ID m a ,�. o 0 H 14 /6585(001) BRE -9 04 C G O P S 0 260 CE No T Pacific Avenue Improvements Pacific Avenue 6th St to 11th St Rehabilitate and resurface Pacific Avenue (6th to 11th) Streetscape in Bremerton to support redevelopmen5t of the Bremerton Urban Growth Center Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds S PE 2013 0 WSDOT 0 30,000 30,000 S CN 2013 0 WSDOT 2,595,000 405,000 3,000,000 Totals 0 2,595,000 435,000 3,030,000 Expenditure Schedule Phase list 2nd 3rd 4th 5th & 6th PE 30,000 0 0 0 0 CN 3,000,000 0 0 0 0 Totals 3,030,000 0 0 0 0 Report Date June 15, 2012 Page 15 Adlbh wahbMten � Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kdsap MPO /RTPO PSRC Y Inside N Outside m v o � o C A PIN /Project No B STIP ID 3 c c c Z C Project Title 3 n no c D Road Name or Number a 'a c r d a E Begin 8 End Termini M v 3 ° n - _ U) d F Project Description G Structure ID m o ,��, o CD H a 19 WA -03946 28 O 0 240 EA No Shore Drive Shared Use Path Upper Shore Drive 10th Street to Vandalia Ave Convert upper portion of Shore Drive to a shared use pathway Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 34,600 5,400 40,000 Totals 0 34,600 5,400 40,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 40,000 Totals 0 0 0 0 40,000 Report Date June 15, 2012 Page 16 AOL Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO/RTPO PSRC Y Inside N Outside m 3 < ° o _ A PIN /Project No B STIP ID o_ C Project Title D eo m fir c D Road Name or Number 0 o o —� m 0 Q E Begin & End T Z -a a m 3 vy, m F Project Description G Structure ID m' a o 0 y I Er 0 o 14 WA -03927 04 O P CE No Signal System Upgrades to Replacement of antiquated street signal system througout the City Funding Status Phase Phase Start Year (YYYlt7 Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P CN 2014 STP(U) 1,000,000 0 0 1,000,000 Totals 1,000,000 0 0 1,000,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th CN 0 200,000 200,000 200,000 400,000 Totals 0 200,000 200,0001 200,000 400,000 Report Date June 15, 2012 Page 17 i „,�„ Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Krtsap MPO /RTPO PSRC Y Inside N Outside m M � c o o a H 3 n A PIN/Project No B STIP ID 3 0 Z C Project Title eo c m n c D Road Name or Number c a o U 0 E Begin & End Termini Z a m ,� H m F Project Description G Structure ID so' c. 0 m s a a 14 WA- 02838 04 C G O P S 2 920 EIS Yes T SR303 Corridor Improvements, Burwell to Riddell SR303 (Warren Ave & Wheaton Way Burwell St to Riddell Road Reconstruction of the Warren Avenue/Wheaton Way (SR303) comdor to enhance non - motonzed and transit facilities to connect residential neighborhoods with Olympic College and Commercial Centers The project will address blight and improve the business environment in Bremerton Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2015 0 WSDOT 2,984,250 465,750 3,450,000 P RW 2017 0 WSDOT 2,162,500 337,500 2,500,000 P CN 2017 0 WSDOT 1,730,000 270,000 2,000,000 Totalsi 01 1 6,876,7501 1,073,2501 7,950,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 250,000 2,000,000 700,000 500,000 RW 0 0 0 0 2,500,000 CN 0 0 0 0 2,000,000 Totals 0 250,0001 2,000,0001 700,000 5,000,000 Report Date June 15, 2012 Page 18 Six Year Transportation Improvement Program Adhk -1 From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m M c xt A PIN /Project No B STIP ID 0 B _ 0 z C Project Title D eo �o xJ n 0 c D Road Name or Number c 'a F 0 Q E Begin & End Termini o z m F Project Description G Structure ID m o, o 71 y a 16 WA -03929 21 O No Street Lighting Improvement to Street light improvements for Ricky Road and Pine Road Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P LE 2018 0 WSDOT 21,625 3,375 25,000 P CN 2018 0 WSDOT 99,475 15,525 115,000 Totals 0 121,100 18,900 140,000 Expenditure Schedule , Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 25,000 CN 0 0 0 0 115,000 Totals 0 0 0 0 140,000 Report Date June 15, 2012 Page 19 GAP DepwInumt of Transpwtution Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 '< T ° o o D H ip Ic a -1 3 m = A PIN /Project No B STIP ID o o Z C Project Title D a a 0 n c D Road Nam or Number ezo c 0 o n r m .i Z F E Begin &End Termini c = » ,� p a .� y d 9 F Project Description G Structure ID m a » o c 19 WA -03932 21 O No Traffic Calming to Traffic Calming on local streets Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2013 0 WSDOT 24,125 3,375 27,500 P CN 2013 0 WSDOT 120,625 16,875 137,500 Totals 0 144,750 20,250 165,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 2,500 5,000 5,000 5,000 10,000 CN 12,500 25,000 25,000 25,000 50,000 Totals 15,000 30,000 30,000 30,000 60,000 Report Date June 15, 2012 Page 20 M W Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside m 3 '< m M A PIN /Project No B STIP ID > z C Project Title y m c m E » n » c D Road Name or Number A c a o n m F 0 E Begin & End Termini o B .� 0 .� S. H d F Project Description G Structure ID m CL ,��. c y $ a 14 WA -03935 28 C G O P S 0 470 CE No T Washington Avenue Complete Street Washington Avenue 5th St to Pacific Ave Reconstruct portion of Washington Avenue to widen sidewalk and add bicycle facilities Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2014 0 WSDOT 500,000 0 500,000 P CN 2015 0 WSDOT 4,750,000 0 4,750,000 Totals 0 5,250,000 0 5,250,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 500,000 0 0 0 CN 0 0 4,750,000 0 0 Totals 0 500,000 4,750,000 0 0 Report Date June 15, 2012 Page 21 Woo~*" state Six Year Transportation Improvement Program From 2013 to 2018 Agency Bremerton County Kitsap MPO /RTPO PSRC Y Inside N Outside M T ° o .� A PIN /Project No B STIP ID D c o C Project Title a c c D Road Name or Number ezo a 'a o m ° 3 E Begin & End Termini m o ' m F Project Description G Structure ID m a o $ � e� ` 17 WA -03934 03 O No Wemer Road Widening & Signal Wemer Road to Improvements to Wemer Road Funding Status Phase Phase Start Year (YYYY) Federal Fund Code Federal Funds State Fund Code State Funds Local Funds Total Funds P PE 2018 0 WSDOT 259,500 40,500 300,000 P CN 2015 0 WSDOT 2,335,500 364,500 2,700,000 Totals 0 2,595,000 405,000 3,000,000 Expenditure Schedule Phase 1st 2nd 3rd 4th 5th & 6th PE 0 0 0 0 300,000 CN 0 0 0 0 2,700,000 Totals 0 0 0 0 3,000,000 Federal Funds State Funds I Local Funds Total Funds Grand Totals for Bremerton 4,527,5001 1 38,307,0501 5,944,7001 48,779,250 Report Date June 15, 2012 Page 22 AGENDA BILL CITY OF BREMERTON 7C CITY COUNCIL SUBJECT: Public Hearing on Protest of Study Session Date /f0 Utility Underground Conversion COUNCIL MEETING Date July 18, 2012 Department Presenter Gary Sexton Phone SUMMARY: As part of the Park Avenue downtown redevelopment project the City converted overhead utilities to underground utilities Pursuant to RCW 35 96 050, when the underground utilities are available for connection the City must mad notice to adjoining property owners that they must convert such utility service lines from overhead to underground within 90 days after the date of mailing of the notice On May 30, 2012 the City mailed such notice to the adjoining property owners RCW 35 96 050 also provides that if the owner files a written objection to the utility conversion within 30 days from mailing of the notice the City shall schedule and conduct a hearing to determine whether such conversion is in the public benefit Three adjoining property owners have filed a protest The purpose of this hearing is to consider the protests and determine whether or not the removal of services and conversion of utilities from overhead to underground pursuant to RCW 35 96 050 is in the public benefit ATTACHMENTS: Letters of Protest FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: DEPARTMENT DIRECTOR _ CITY ATTORNEY _— -- FINANCE DIRECTOR - MAYOR - Proposed Motion Based on the testimony and the record, move to find that the removal of the service lines in the conversion area is/is not in the public benefit. STUDY SESSION ACTION: ❑ Consent Agenda ❑ Business Public Hearing COUNCIL PRESIDENT q �� � — /�s" COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 June 2012 City of Bremerton 'RECEIVED GTY COW UL OFFICE" Bremerton, WA 98337 DATE 0/ a C- ' /pia ��� v Re: Construction work in alley between Pacific an4 Park Tax account #3718- 014 -039 -0003. Site addresses 615 - 619 4th St. To The City of Bremerton, This is my official notification of disputing having to pay for a permit, rewire etc. to the weather head on my building, due to the under grounding of our electrical service in our alley. The City of Bremerton should be liable for this expense, as their revitalizing project is the reason for the under grounding of power and this project cannot be finished as designed unless the power is moved. If at the beginning of this whole, project when you were desperate for my permission, allowing you to dig into. the soil under my building, thus allowing the installation of a supporting tie down for the car garage, had you at that time been honest with me by telling me this above expense to me would be an end result, I would not have granted you that permission. I am the widowed matriarch of Bremerton's downtown business core and after 25 years of loyalty and support for Bremerton, and our local politicians, I therefore seek, pray for and expect honesty, respect and consideration in return. Sincerely, Nikki Menconi, Owner 615 - 619 4th Street Bremerton, WA 98337 (360) 782 -2222 cc: Bremerton City Clerk, Mayor Patty Lent & City Council cc: Brian FyaIl cc: Kitsap Sun i June 2012 City of Bremerton "RECEDED CITY COUROL OFFICE" DATE !o aq It 0'1 Bremerton, WA 98337 .� Cc: Mayor Legal Dcip Re: Construction work in alley between Pacific and Park Tax account #37180140350007. Site addresses 547 & 545 4th St. To The City of Bremerton, This is our official notification of disputing having to pay for a permit and rewire to the weather head on our building, due to the under grounding of our electrical service in our alley. The apartment project beneficiaries and / or the City of Bremerton should be liable for this expense, as the apartment project is the reason for the under grounding of power. This project cannot be done as designed unless the power is moved. Sincer ly, c4�aw�� Joe & Lorraine Hudson Owners Evergreen Trophies & Evergreen Kitchen 545 4th Street Bremerton, WA 98337 (360) 373 -6689 RECEIVED Soriano Brothers Investment Company JUN 2 6 2012 a Limited Partnership OFFICE OF THE Post Office Box 1433 Bremerton, Washington 98337 CITY CLERK t June 26,2012 JUL 1 2012 City of Bremerton City Clerk 345 -6th Street, Suite 600 Bremerton, Washington 98337 Re Letter dated May 30,2012 from the City of Bremerton to Soriano Brothers Investment Company and Navy Yard Investment Company Subject Matter Utility Underground Conversion Project Dear City Clerk Soriano Brothers Investment Co and Navy Yard Investment Co formally object to the Utility Underground Conversion Project forcing the disconnection and removal of the existing overhead service lines and requiring that the property owners be responsible for the cost to reconnect to the underground service including paying for all costs, permits, taxes and inspection fees associated therewith There is truly no benefit to Soriano Brothers Investment Co , Navy Yard Investment Co , our tenants or the citizens of the City of Bremerton due to this conversion, which is being advanced solely by the City of Bremerton to aid another property owner in the development of real property the City is selling to them Either the City of Bremerton or the Property owner buying the �mittedpad should be responsible for all the costs of the conversion tful Respec ub� - a a SORI ANO ng partner of Soriano Brothers Investment Co vy Yard Investment Co enclosure are Tax ID # Exhibit I (ctl*m4ed) page �� EXHIBIT Tax ID # including but not limited to 3718- 014 - 036 -0006 3718- 014 - 033 -0009 3718- 014 - 032 -0000 3718- 014 - 030 -0101 3718- 014 - 030 -0002 3718- 014 - 026 -0008 3718- 014 - 018 -0008 3718- 014 - 020 -0004 3718- 014 - 022 -0002 3718- 014 - 016 -0000 H- ?k r JUN /27/2012/WED 04 40 PM FAX No 2Ub -93UU F UU2 �1101 Seattle Office: Spokane Offler. contact: 1001 Fourth Avenue 15 West Main Phone 206 -264 -8600 ��� Suite 3303 Suite 234 Toll Free- 877 -264 -7220 Seattle, WA 98154 Spokane, WA 99201 fax 206 - 264 -9300 [IF www bnd -law corn RECEIVED Reply to: Seattle Office JUN 2 6 2012 OFFICE OF THE June 27, 2012 CITY CLERK Shamon L. Corin City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 Re Protest of Utility Underground Conversion Project Costs Pursuant to RCW 35 96.050 Dear Ms. Corm. I write on behalf of the Soriano Brothers and Navy Yard Investment Company to protest the conversion notice received by Sonano Brothers dated May 30, 2012. This protest is filed with you pursuant to RCW 35.96 050. Soriano Brothers and Navy Yard Investment Company are the owners of property which are identified as Tax Account Numbers 37 -18- 014 - 036 -006, 37- 18 -014 -033 -0009; 37- 18 -014 -032- 000, 37- 18- 014 -030 -0101; 37 -18-014-030-0002,-37-18-014-026-0008, 37 -18 -014 -018 -0008; 37- 18- 014 -020 -0004; 37 -18- 014 - 002 -0002, and 37- 18- 014 -016 -0000 The City initiated this underground conversion project for its own purposes. The project provides no benefit to Soriano Brothers or Navy Yard Investment or the property they own We do not question the City's right to initiate the conversion action,, but we question the City's right to force Sonano Brothers and Navy Yard Investment to Mcu:r costs to further the City's project. Yet that is apparently the City's intent. We protest this action because we believe the City is illegally and unconstitutionally seeking to force Soriano Brothers and Navy Yard Investments to provide financial support for the City's project. We recognize that a statute authorizes the City to initiate conversion actions and that such undertakings are deemed to be in the public interest and for a public purpose. See RCW 35.96.010. But that does not mean that the City can force private property owners to finance such a project out of their own pockets. Municipal tax funds should be used for such costs There is nothing in Chapter 35.96 RCW which authorizes the City to uiVlateraUy impose on private property owners the expense of funding a project of this sort. The statute authorizes the City to create a local improvement district (RCW 35 96.030), but the City of Bremerton has JUN /27/2012AED 04 40 PM ?AX No M Y NJ Shannon Corin June 27, 2012 Page 2 chosen not to do so Absent creation of a local improvement district, the City should be using its general tax revenues to fund the project We note that RCW 35.96.040 authorizes a City to contract with a utility (e g., PSE) to pay the utility for "all work incidental to such conversion." But this provision does not authorize the City to then turn around and extract funds from private property owners for those expenses. We also recognize that PSE operates pursuant to a WUTC tariff and that Schedule 74 of that tariff provides for an allocation of costs between PSE and the City when a utility service is converted to underground service But that tariff provides no authority for the City to then force individual property owners to incur expenses on their own to facilitate the conversion Neither Schedule 74 nor the related Schedule 85 address expenses incurred in a conversion on the customer's (load) side of the Point of Delivery. Therefore, nothing in either of those tariffs provides the Cary with authority to extract from private property owners the expense of converting their system to accommodate an underground conversion done solely for the City's benefit. A different scenario would be presented if the underground conversion were being done at the request of the Soriano Brothers and Navy Yard Investments properties. In that case, we would recognize the propriety of those property owners contributing to the cost of the project But where, as here, the project is totally the. creation of the City's and provides no special benefit to these private properties, these private property owners should not be burdened with the expense of helping to finance the City's public improvement project. The City should be drawing on its general tax revenues for that purpose For the foregoing reasons, we protest the underground conversion and, in particular, the City's efforts to force these property owners to finance that conversion Very truly yours, C & , Lz,P Dkav1dA nckli n DAB:psc cc. Clients F ¢r AGENDA BILL 8A CITY OF BREMERTON CITY COUNCIL SUBJECT: Award contract for the project Study Session Date July 11, 2012 titled Low Impact Development Projects and COUNCIL MEETING Date July 18, 2012 Water /Sewer Replacements Department PW &U Presenter Gunnar Fndriksson Phone X2354 SUMMARY: Sealed bids for construction of the project titled "Low Impact Development Projects and Water /Sewer Replacements" was o ened on July 10, 2012 The engineer's tuna of ro able cost for this project is M ? D bids were received for this project /"/ - g/lC u�,fi was the lowest responsive responsible bidder with a bid of SL 2 'including sales tax) ATTACHMENTS: 1 Council Summary, 2 Bid Tabulation, 3 Agreement FISCAL IMPACTS (Include Budgeted Amount) The Low Impact Development Projects are funded by the Department of Ecology There is no City match required The water main and sanitary sewer replacements are funded by utility rates, and are included in the 2012 budget APPROVALS: / ✓ ,(� DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR -��— MAYOR RECOMMEN ED P OTION: Move to and a contract in the amount of � ,7 y (including sales tax) t �Gh zlm ®r l�r> ,u, -fa W or the construction of the project titled "Low Impact Development and Water /Sewer Replacements" and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION ❑ Consent Agenda General Business ❑ Public Hearing COUNCIL PRESIDEN C�" ✓f� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY FOR LOW IMPACT DEVELOPMENT PROJECTS AND WATER/SEWER REPLACEMENTS Summary In 2011, the Department of Ecology awarded the City of Bremerton funding for construction of low impact development techniques for East 11` Street, between Shore Drive and Pitt Avenue in Manette, and Pacific Avenue, between 11 th Street and Evergreen Park Work would include reconstruction of sidewalks, installation of rain gardens, pervious paving and landscaping The existing water and sewer mains in the area are very old (from the early part of the last century,) and will be replaced with the street project, but funded by the utility 1YO (2P bids were submitted ..x h PeJiii2r L �rS�"y�`�a,, was the lowest responsible, responsive bidder in the amount of $ 04' 4 S, o l , which includes sales tax, for the project. Fiscal Summary Funds for the water and sewer main replacements are from utility rates and included in the 2012 budget Work for the street improvements are funded from the Department of Ecology grant LOW IMPACT DEVELOPMENT PROJECTS — BUDGET AND COSTS BACKGROUND — In March of 2011, the City received a grant from the Department of Ecology's Toxics Control Account to design and construct LID improvements at locations within the City, and to purchase property associated with LID installation The project is underway, and costs are exceeding budget The project includes the following Pacific Avenue 11 to Evergreen Park — installation of rain gardens and infiltration galleries, along with sidewalk improvements Design is complete and bids were opened on 7/10/12 Manette LID — similar scope to the Pacific Avenue project Project was bid with Pacific Avenue project with bids opened on 7/10/12. 5 th Street LID — installation of rain gardens and infiltration galleries to be constructed as part of the Kiwanis Park construction project which is under construction Anderson Cove LID — purchase of Cady property, and installation of a stormwater infiltration gallery. Ultimate use of the property is a public access viewscape over the infiltration gallery STATUS — expenditure status is as follows Project & Status Budget Expenditure Projected Projected (Grant to Date Total Rate Funded Amount ) Expense Expense Pacific Ave —11 to $193,000 $37,000 $350,000 $157,000 E P bid opened Manette LID (bid $250,000 $36,250 $390,000 $140,000 opened 5 St LID (under $100,000 $200 $100,000 $0 construction Anderson Cove LID $800,000 $359,300 $885,000 $85,000 (purchase complete, 2013 construction Total $1,343,000 $432,750 $1,725,000 $382,000 RECOMMENDATION — staff recommendation is to complete the three projects, and use Stormwater Rates for the project overages Page I of 1 711112012 CITY OF BREMERTON BID TABULATION BID TITLE Low Impact Development Projects OPENED BY Ed Aban DATE OPENED 7/10/12 TIME OPENED 11 00 a m RECORDED BY Shannon Conn NAME OF BIDDER BOND BASE BID SALES TAX TOTAL S �Y i Bch L SUMMARY TOTAL BID COMMENTS A ARENT LO BIDDER h u.Lm,-4r �►�5�- P� 7 SECOND LOW BIDDER IVDVA- e4 kA4!r 710 i9 THIRD LOW BIDDER ENGINEER ESTIMATE (INC SALES TAX) $ 700,000.00 CONTRACT CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON THIS AGREEMENT, made and entered into this day of , 20_, between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and hereinafter called the Contractor WITNESSETH That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows I The Contractor shall do all work and furnish all tools, materials and equipment for the Low Impact Development Projects, in accordance with and as described in the attached Plans and Specifications, and the 2012 Standard Specifications of the Washington State Department of Transportation which are by this reference incorporated herein and made part hereof and shall perform any changes in the work in accord with the Contract Documents The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Bremerton 11 The City of Bremerton hereby contracts with Contractor and Contractor hereby agrees to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached Plans and Specifications and the terms and conditions herein contained and hereby Contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this Contract III The Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state industrial insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and subcontractors IV The Contractor for himself /herself, and for his/her heirs, executors, administrators, successors, assigns, does hereby agree to the full performance of all the covenants herein contained upon the part of the Contractor V It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as provided herein City of Bi emerton Low Impact Development Projects Water and Sanitary Sewer Replacements LD -9 June 2012 VI INDEMNIFICATION Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal cost and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent, jurisdiction determine that this agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration of termination of this agreement IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authority has caused this instrument to be executed by and in the name of said City of Bremerton the day and year first above written Executed by the Contractor this day of , 20 Contractor Executed by the Local Agency this day of 1 20 City of Bremerton Approving Authority (SEAL) City of Bremerton Attorney City of Bremerton Low Impact Development Projects Water and Sanitary Sewer Replacements LD -10 June 2012 CONTRACT BOND CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENTS That , of , as Principal, and , as Surety, are jointly and severally held and bound unto THE CITY OF BREMERTON, the penal sum of Dollars (S ) , for the payment of which we jointly and severally buid ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents The condition of this bond is such that WHEREAS, on the day of A D , 20 , the said , Principal herein, executed a certain Contract with the City of Bremerton, by the terms, conditions and provisions of which Contract the said , Principal herewith, agrees to furnish all materials and do certain work, to -wit That the said Principal herein will undertake and complete the following described work the County of Kitsap, Washington, as per maps, plans and specifications made a part of said Contract, which Contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length NOW THEREFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, conditions and provisions of said Contract, in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said Contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such Contractor or subcontractor with provisions and supplies for the carrying on of such work, and shall in all respects faithfully perform said Contract according to law, then this obligation to be void, otherwise to remain in full force and effect WITNESS our hands this _ day of , 20 Principal Surety Company By By By Attomey -in -fact APPROVED AS TO FORM this day of , 20 Address of local office and agent of Surety Company City of Bremerton Attorney City of Bremer ton Low Impact Development Projects Water and Sanitary Sewer Replacements LD -11 June 2012 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Real Estate Purchase and Sale Study Session Date July 11, 2012 Agreement, Parking Lease Agreement and COUNCIL MEETING Date July 18, 2012 Tri -Party Wall Agreement Department Financial Service Presenter Becky Hasart and Gary Sexton Phone 473 -5722 SUMMARY: Mundy Jo Holdings, LLC desires to purchase the retail pad located at Park Plaza The proposed real estate purchase and sale agreement is for the retail pad The proposed Parking Lease is for the lease of four stalls at the City parking lot located at Fourth Street and Park Avenue Both the purchase and sale agreement and lease agreement are with Mundy Jo Holdings, LLC The Tn -Party Wall is between the City, Mundy Jo Holdings, LLC and Bremerton Cinema, LLC and establishes an agreement relating to a shared wall ATTACHMENTS: (1) Proposed Real Estate Purchase and Sale Agreement, (2) Proposed Parking Lease Agreement, and (3) Tn -Party Wall Agreement FISCAL IMPACTS (Include Budgeted Amount) The purchase price for the retail pad is 25,000 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the sale of the retail pad at Park Plaza to Mundy Jo Holdings, LLC and authorize the Mayor to finalize and execute the Purchase and Sale Agreement, Parking Lease Agreement and Tn -Party Wall Agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: ❑ Consent Agenda Genera Business ❑ Public Hearing , COUNCIL PRESIDENT y r - G r COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION PARK PLAZA - PROPERTY This agreement controls the terms of the sale of real property (Please read carefully before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "Seller "), and MUNDY JO HOLDINGS, LLC, a Washington LLC, and/or assigns ('Buyer "), for the sale and purchase of real property as follows 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, plus an exclusive easement to use the Trash Area depicted on Exhibit C attached hereto labeled "Trash ", which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at the southwest corner of Park Avenue Plaza, Bremerton, Washington (the "Property"), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference 2. EARNEST MONEY Received from Buyer, Promissory Note in the sum of FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) as earnest money and part payment on the purchase price for the Property 3. PURCHASE PRICE. The purchase price for the Property is TWENTY FIVE THOUSAND DOLLARS ($25,000.00). 4. CONTINGENCIES. This agreement is contingent upon (a) Acceptance of its terms by the Bremerton City Council (b) Buyer review and approval of the title report on the propertypnor to Closing (c) Seller approving and signing the parking space lease agreement (d) Buyer, Seller and [Cmema] approving and signing a party wall agreement prior to Closing. 5. PARKING AGREEMENT. The Property will have the exclusive right to use 4 stalls in the City owned surface parking lot on the southwest corner of Park Ave and 4 th Street, Bremerton, WA, pursuant to the lease agreement for parking four (4) parking spaces, a copy of which is attached hereto and by this reference incorporated herein The parking spaces will be limited to 20 minute parking, designating parking is for Buyer's tenant's customers, which such tenant is currently proposed to be a Jimmy John's sandwich shop Buyer or its tenant shall be responsible for parking space signage and parking space compliance or monitoring violations 6. 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 7 below REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 1 of 8 7. TITLE INSURANCE. At Closing, Seller shall cause First American Title Insurance Company whose address and telephone number is 818 Stewart Street, Seattle Washington 98101, (260) 728 -0400, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of this policy shall be paid from Buyer'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 reserved and federal patents or state deeds, building or use restrictions consistent with current zoning, provided that such restrictions do not prohibit Buyer from building space for a retail establishment such as Jimmy John's, 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 and escrow shall return Buyer's earnest money 8. CLOSING COSTS AND PRO - RATIONS. The cost of any escrow fees shall be paid by Buyer, except those fees which are expressly limited by Federal Regulation 9. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall close as within one hundred twenty days (120) from the signing of this sales agreement When notified, the Buyer and Seller will deposit, without delay, in escrow with First American Title Insurance Company all instruments and monies required to complete the transaction in accordance with this agreement Closing, for the purpose of tlus agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller 10. CONDITIONS TO CLOSING. a Buyer's Conditions Buyer's obligation to close this transaction is subject to the satisfaction of all of the following conditions in all material respects - (1) Buyer's Review Buyer's satisfaction or waiver of all conditions contained in Section 4 above, (2) Seller's Compliance Seller's fulfillment of each of its obligations under this agreement in all material respects, (3) Seller's Representations The continuing accuracy of all of Seller's representations in this agreement in all material respects, (4) Status of Title The absence of any monetary lien or other material defect in title to the Property which was not permitted by this agreement or approved by Buyer, (5) Condemnation The absence of any condemnation or the institution or threat of institution of condemnation proceedings which result in the taking of any of the Property b Events of Closing Provided the Escrow Agent has received the sums and is in a position to cause the title insurance policies to be issued as described below, this transaction will be REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 2 of 8 closed on the Closing date as follows (1) The Escrow Agent shall calculate the proration described in Section 8, and the parties shall be charged and credited accordingly (2) Buyer shall pay the entire purchase price to Seller in cash, adjusted for the charges and credits set forth in this agreement. (3) Seller shall convey the Property to Buyer by statutory warranty deed, subject to the matters accepted by Buyer pursuant to Section 5 (4) The Escrow Agent shall be irrevocably committed to issuing a title policy approved by Buyer upon recordation of the closing documents (5) The Escrow Agent shall record the deed to Buyer at Buyer's expense 11. CASUALTY LOSS. If prior to closing, improvements on the Property shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void 12. POSSESSION. Buyer shall be entitled to possession on closing as herein specifically provided 13. SELLER'S REPRESENTATIONS. Seller represents that (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the Property, and (c) The Property is not encumbered by any leases (d) To the best of Seller's knowledge, there is no pending or threatened litigation or administrative action with respect to the Property (e) To the best of Seller's knowledge, there are no special or general assessments which are in addition to those disclosed in the title report which have been levied against or are proposed for the Property 14. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no representations as to the environmental condition of the property. This provision shall survive closing 15. 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 REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 3 of 8 (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees 16. INDEMNIFICATION. (a) Seller's Indemnification Seller agrees to defend, indemnify and hold Buyer harmless from and against all claims, damages, and losses that are caused by Seller's failure to perform any owner's obligation relating to the Property prior to the Closing date (b) Buyer's Indemnification Buyer agrees to defend, indemnify and holds Seller harmless from and against all claims, damages, and losses that are caused by Buyer's failure to perform any owner's obligation relating to the Property on and after the Closing date (c) Survival of Indemnifications Each of the indemnifications contained in this Section shall survive the Closing of this transaction 17. 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 18. NON - MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect 19. 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 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 Mundy Jo Holdings, LLC 11711 SE 8th Street, Suite 303 Bellevue, Washington 98005 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 20. 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 MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 4 of 8 21. 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 22. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of tlus 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 MUNDY - JO HOLDINGS, LLC By By Patty Lent, Mayor Its Dated- Dated APPROVED AS TO FORM By Roger A Lubovich, City Attorney REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 5 of 8 EXFIIBIT A Property - Legal Description AIR SPACE LEGAL DESCRIPTION FOR COMMERCIAL PAD AT AND ABOVE ELEVATION 26'10° A portion of Blocs. 14 and the east half of the vacated portion of Park ANellue (fotmerl) Duct. Street) of the Plat of the 7 own of Bremerton, as recorded in Volume 2, of plats Page 030 recotds of Kitsdp County, Washington, situate in Government Lot 3, Section 13 Tommship 24 North, Range l East Willamette Mei idtan Kitsap County, Washington mole particularly described as follows. Begi ming at monument in case at the intersection of Palk Avenue and Buntiell Street, thence along the center lute of Park Avenue, NO 1'37'00"E 280 11 feet to an existing monument in case at the intersection of Palk Avenue and 4`" Street, thence along said centerline SO 1'37'00'W 169 05 feet. thence lea% mg said centerline, S88 °24'47" h 22 63 feet to the outside edge of an existing wall, thence along said Nxall, S88 °24'47" E 19 09 feet. thence SO1 °03'31' N" 9 00 feet, thence N88'56 29 "W 2 49 feet. thence SO1 °33'3 I — W 24 28 feet to the Tt ue Point of Beginning, thence continuing SOl'33'31' W 24 41 feet, thence S88 2 'E 29 63 feet, thence 542`43 34' E 4 10 feet thence SO 1 °20'59 "W 9 29 feet to the intersection of two VNalls, thence N89 °53'07' W 5 86 feet to an angle point in said wall, thence along said wall and the extension thereof. S02'0 ]'19 'W 8 99 feet, thence N88'26'29 "W 28.89 feet, thence NO1'33'31" E 3 61 feet thence N88'26'29' W 4 67 feet. thence NOI'33'31" F 10 04 feet, thence 1 43`26'29 W 2 49 feet, thence N88 °26'29' \V 11 85 feet. thence NO1'33'31 "E 13 33 feet. thence 588`26'29 L 3 42 feet, thence NO1'33'31' C 9 33 feet; thence N88 1 26'29 "W 3 42 feet, thence NO1'33'31 "E 13 33 feet, thence S88 °26'29' E 15 58 feet. thence SO1'33 31 "W 5 56 feet, thence S88'26 29 E 5 00 feet to the True Point of Beginning Consisting of A/- 1.411 sq ft Situate in the City of Bremerton, County of Kitsap, and State of Washington e' d K? 4N c :&45776 �,rr � x Included in the Property's legal description shall be the exclusive right for the owner of the Property and the occupants of the Property to use the Trash Enclosure identified on Exhibit C attached hereto. REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 6 of 8 EXHIBIT B Property - Site Plan ° 4th STREET == COFFEE «, KIOSKi lu i 3 ' CINEMA SITE 3 8bz BURWELL STREET " REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 7 of 8 EXHIMT C Trash Enclosure "Q , -i -- �lfklfl� 1d1tM V NEW pt �Wtf 1b t%'rZ 1; At tuN _ __ ' vdrtATME I.WTw1fl' �10aM E d ' I wtiST, IV 'K ! 6 "A�o�E GRA9E OF5�1D'EWA�K 0*1 wu.t, of "Aw"m 13e .� IV' mw e. f-um of pIWBI' 0or" s i f -1b "I. fpk4T z- 19'.Ib PAvW'N W1'fLN SfE6 _ tN TH EOsem*" oa � f h '�•= RAMP WIW. 8`( DtFIEQh !� , I ftprtp w,TN RAILINGS�x) i RcToa� I �.-- 41P6w1Yx } "_ , NCB lo� 510�wA�.4c Q 1 �uTu12E C7 1 (tE'fA1L r__ i 1 t NEW fivewAl,lc 0 I�VKE ; A9JtAi3f 44 0.0 ou'fS i gox% SID�►!/tiLY, 91�ti.K PAS � BuRw�w tt1P�a,EM� REAL ESTATE PURCHASE AND SALE AGREEMENT MUNDY JO HOLDINGS, LLC — Property — Park Ave Plaza Page 8 of 8 PARKING LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease ") is between the CITY of BREMERTON, a municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter "City "), and MUNDY JO HOLDINGS, LLC, and/or assigns (hereinafter "Lessee "). RECITALS WHEREAS, the City now owns certain land legally described in Exhibit A (the "Property "), and WHEREAS, it is the parties' desire to enter into a one (1) year lease with,options to extend the lease each year, and NOW, THEREFORE, the City and Lessee agree as follows AGREEMENT 1. PROPERTY. ' 11 Property Defined The City leases to Lessee and Lessee leases from the City the four (4) full time parking spaces ( "Parking Spaces ") in the City of Bremerton surface parking lot located on the southwest corner of Fourth Street and Park Avenue A site plan is attached hereto as Exhibit B designating the four (4) Parking Spaces location 1.2 Survey, Maus, and Plans Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City 2. USE. 21 Permitted Use Subject to Section 3 3 below, Lessee, its retail tenant ( "Retail Tenant ") located in the Park Avenue Plaza's southwest corner of Park Avenue and Burwell Street, Bremerton, WA ( "Retail Space "), and its Retail Tenant's guests may use the Parking Spaces in connection with the operation of the Retail Tenant, and for no other business or purpose, without the prior written consent of the City Lessee and its Retail Tenant shall be responsible for installing signage at the Parking Spaces and for monitoring and enforcing compliance with any parking restrictions they impose on the Parking Spaces Initially, Lessee intends the Retail Tenant at the Retail Space to be a Jimmy John's Sandwich Shop The Parking Spaces shall not be used for illegal purposes It is agreed that this Lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site, provided, however, the City represents and warrants that the Permitted Use is permitted for the Parking Spaces 22 Conformance with Laws Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property Lease Agreement (Between City of Bremerton and Mundy Jo Holdings, LLC) I Of 8 23 Liens and Encumbrances Lessee shall keep the Parking Spaces free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Parking Spaces 3. TERM. 3 1 Term Defined The term of this Lease is one (1) year (the "Term "), beginning on the issuance of certificate of occupancy for the Jimmy John's retail space in Park Avenue Plaza (the "Commencement Date "), and ending on the date one (1) year after the issuance of the certificate of occupancy, as may be extended pursuant to Section 3 2 below (the "Termination Date "), unless terminated sooner under the terms of this Lease 32 Automatic Option to Extend The initial Term of this Lease shall automatically extend each year for an additional one (1) year period up to a maximum of ten (10) years, unless Lessee notifies the City in writing sixty (60) days prior to the expiration of the applicable Lease Term that it is terminating the Lease Lessee may extend the initial Term of this Lease for an additional teri (10) year period (subject to the same automatic extension procedure provided herein), by notifying the City sixty (60) days prior to the expiration of the initial Term of its election to extend the Term, accompanied with a payment of $5,000 ( "Extension Payment ") The City shall have the right to relocate the Parking Spaces to similarly convenient parking spaces following sixty (60) days written notice to Lessee 33 Payment Option In the event that a Jimmy John's sandwich shop permanently ceases operating at the Retail Space during its initial ten (10) year lease term, then Lessee shall have the right to the continued use of the Parking Stalls under this Lease, provided that Lessee pays the City a one -time payment of $5,000 ( "Parking Payment "), as may be reduced by the terms of this Section. The amount of the Parking Payment shall be reduced by ten percent (10 %) per year that Jimmy John's continues to operate at the Retail Space during the initial Term By way of example, in the event Jimmy John's permanently ceases operating at the Premises after year 5 of its Lease, then the Parking Payment would be reduced by 50 %, and Lessee would owe the City $2,500 00 for use of the Parking Spaces In the event Lessee elects not to pay the Parking Payment, then this Lease shall terminate and Lessee shall have no further right to use the Parking Spaces 4. LEASE PAYMENT. 4.1 Annual Payment Lessee shall pay to the City an annual payment of $10 The first installment shall be due and payable on or before the Commencement Date, and subsequent installments shall be due and payable on or before the first day of each renewal term 42 Payment Place Payment is to be made to the City of Bremerton, Attn Financial Services, 345 O h Street, Suite 600, Bremerton, Washington 98337 5. REPAIRS AND MAINTENANCE 5.1 The City shall be responsible for maintaining the Parking Spaces in substantially the same condition as they are in at the commencement of this Lease, and the City shall ensure that Lessee shall have reasonable access to the Parking Spaces throughout the Term of the Lease Lease Agreement (Behveen City of Bremerton and Mundy Jo Holdings, LLQ 2 Of 8 6. DAMAGE TO PARTING SPACES. 6.1 Except to the extent caused by Lessee, the Retail Tenant or its patrons, if the Parking Spaces are damaged, the same shall be repaired by the City Repairs shall be accomplished with reasonable dispatch subject to interruptions and delays from labor disputes and matters beyond the control of the City During any period in which Lessee is unable to use the Parking Spaces as a result of damage or destruction of the same, then the City shall provide Lessee with suitable replacement spaces wrthm a reasonable proximity to the Retail Space Furthermore, if the Parking Spaces are taken by eminent domain, or the threat thereof, the City shall use commercially reasonable efforts to assist Lessee with obtaining suitable replacement spaces within a reasonable proximity to the Retail Space 7. ASSIGNMENT AND SUBLETTING. 7.1 Crtv Consent Required Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent 72 Rent Payments Following Assignment The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer 8. INDEMNIFICATION. 8 1 Each party shall indemnify, defend, and hold the other party harmless for its acts, omissions or negligence relating to its performance of this Lease Agreement 9. DEFAULT AND REMEDIES. 91 Acts Constituting Default - Lessee Lessee shall be in default of this Lease on the occurrence of any of the following (a) Failure to pay Rent or other expenses when due, (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (c) Failure to comply with any other provision of this Lease, (d) Failure to cure a default pursuant to Section 9.2 below; or (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property 9.2 Failure to Cure A default shall become an event of default ( "Event of Default ") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default 93 City's Remedies Upon Default Upon an Event of Default and Failure to Cure as defined in 9.2, the City may terminate this Lease 9.4 Acts Constituting Default - Crt_v City shall be in default of this Lease on the occurrence of any of the following (a) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (b) Failure to comply with any other provision of this Lease; or (c) Failure to cure a default pursuant to Section 9 5 below, Lease Agreement (Between City of Bremerton and Mundy Jo Holdings, LLQ 3 of 8 95 Failure to Cure A default shall become an event of default ( "City Event of Default ") if the City fails to cure the default within thirty (30) days after the Lessee provides the City with written notice of default, which specifies the nature of the default, provided, however, if the default is of such a nature that it cannot be completely remedied within the 30 -day period, this provision shall be complied with if the City begins correction of the default within the 30- day period and thereafter proceeds with reasonable diligence and in good faith to effect the remedy as soon as practicable 96 Lessee's Remedies Upon Default Upon a City Event of Default and Failure to Cure as defined in 9 5, Lessee shall have the right to terminate this Lease, seek specific performance, and/or to seek any other remedies available at law or in equity. 10. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to tune The City City of Bremerton Finance Director 345 6 Street, Suite 600 Bremerton, Washington 98337 Lessee. Mundy Jo Holdings, LLC 11711 SE 8th Street, Suite 303 Bellevue, Washington 98005 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable 11. MISCELLANEOUS. 11 1 Author . Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and authority to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so 11.2 Successors and Assigns This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns 113 Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. 114 Waiver The waiver by either party of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition, of any subsequent breach or default of the same, or of any other term, covenant, or condition of this Lease The City's acceptance of a rental payment shall not be construed to be a Lease Agreement (Between City of Bremerton and Mundy Jo Holdings LLC) 4 of 8 waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted 115 Cumulative Remedies The rights and remedies of the parties under this Lease are cumulative and in addition to all other rights and remedies afforded to the parties by law or equity or otherwise 116 Time is of the Essence TIME IS OF THE ESSENCE as to each and every provision of this Lease 117 Applicable Law and Venue This Lease shall be interpreted and construed in accordance with the laws of the State of Washington Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action ansing out of or in connection with this Lease shall be in the Superior Court for Krtsap County, Washington 118 Modification Any modification of this Lease must be in writing and signed by the parties Neither party shall be bound by any oral representations or statements 119 Survival of Covenants The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods 11.10 Duplicate Originals This Lease Agreement may be executed in duplicate originals THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON MUNDY JO HOLDINGS, LLC By. Patty Lent By Michael Crowson Its. Mayor Its Date- Date Lease Agreement (Between City of Bremerton and Mundy Jo Holdings, LLC) 5 of 8 STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument. WITNESSETH my hand and seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires Lease Agreement (Behveen City of Bremerton and Mandy Jo Holdings, LLQ 6 of 8 Exhibit A Land legal description Lease Agreement (Between City of Bremerton and Mundy Jo Holdings, LLQ 7 of 8 Exhibit B Parking Stall Location V -4, -AMUR 1 . 6 41 y �z. ^ $1��� �.xd�� w . .r x y � ���� � ���III � i � ' .2 Namm" Va Lease Agreement (BeAveen City of Bremerton and Mundy Jo Holdings, LLQ 8 of 8 TRI -PARTY PARTY WALL AGREEMENT This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "City "), BREMERTON CINEMA, LLC, a limited liability company ( "Cinema "), and MUNDY JO HOLDINGS, LLC, a Washington limited liability company ( "MJH ") as follows WHEREAS, the City is the owner of the Property legally described on Exhibit A ( "City Property"), Cinema is the owner of Property legally described on Exhibit B ( "Cinema Property"), and MJH is the owner of the Property legally described on Exhibit C ( "Retail Property") The City Property, Cinema Property and the Retail Property are sometimes individually referred to as a "Property," and collectively as the "Properties " The City, Cinema and MJH are sometimes individually referred to as a "Party," and collectively as the "Parties;" and WHEREAS, the City has constructed a parking garage and mechanical room on the City Property, and WHEREAS, the Cinema has constructed a movie theater on the Cinema Property, and WHEREAS, the Parties contemplate that MJH will construct a retail building (`Building ") on the Retail Property As part of the Building's construction, a portion of the Building will be constructed on top of the slab and mechanical room located on the City Property, and a portion of the Building will attach to a portion of the structural walls of the City Property and of the Cinema Property, as identified on Exhibit D attached hereto, and WHEREAS, in order to maintain and preserve the Parties' rights to use and maintain the Party Wall and Common Structures (as defined below), it is deemed desirable to place certain restraints on the herein above described Properties, and NOW THEREFORE, the above referenced Parties do hereby adopt and prescribe the following covenants and restrictions which should be and are hereby impressed upon and henceforth will run with the Properties, to wit 1 "Party Wall(s)" shall mean and refer to the dividing wall(s) between each of the adjoining Properties "Common Structures" shall mean the Party Wall(s), foundational slab and other structures located between each of the adjoining Properties Any matters concerning the Common Structures which are not covered by the terms of this Agreement shall be governed by the general rules of law in Washington State regarding party walls and common structures 2 Except as otherwise set forth herein, the cost of maintaining the Common Structures shall be borne by the owners of the Common Structures 3 In the event of damage or destruction to the Common Structures from any cause, other than the negligence or willful misconduct of a Party hereto or their agents, employees, contractors or licensees, the owner of said Common Structure(s) shall repair or rebuild said Common Structure(s) at its sole cost and expense Each such Party shall have the right to the full use PARTY WALL AGREEMENT Page t of 8 of said Common Structure(s) so repaired or rebuilt If a Party's negligence or willful misconduct, or the negligence or willful misconduct of such Party's agents, employees, contractors or licensees, shall cause damage to or destruction of said Common Structure, the Party whose negligence or willful misconduct caused such damage or destruction, or whose agent's, employee's, contractor's or licensee's negligence or willful misconduct caused such damage or destruction, shall, to the extent of their liability, bear the cost of repair or reconstruction If a Party shall neglect or refuse to satisfy its obligations under tlus Agreement, then the other Parties may have such Common Structure(s) repaired or restored and shall be entitled to have a mechanic's lien on the Property of the Party so failing to pay, for the amount of such defaulting Party's share of the repair or replacement costs together with interest at the maximum rate allowable The Party having such Common Structure(s) repaired shall, in addition to the mechanic's lien, be entitled to recover attorney's fees and shall be entitled to all other remedies provided herein or by law The mechanic's lien granted herein is effective only if filed in the Real Property Records of the County where the Property is located, by affidavit declaring under oath the claim of the mechanic's lien 4 In the event of damage or destruction to any of the Properties, or the improvements located thereon, caused by the negligence or willful misconduct of a Party hereto or their agents, employees, contractors or licensees, the Party liable for such damage or destruction shall, to the extent of their liability, bear the cost of such repairs or reconstruction 5 Except for MJH's construction of the Building on the Retail Property, the Parties shall not alter or change the Common Structures in any manner, non - structural interior decoration excepted, and such Common Structures shall remain in the same location as when originally erected Each adjoining Party to said Common Structures shall have a perpetual easement in that part of the premises of the other on which said Common Structures are located, for the purposes of such Common Structures and any other additional area necessary to repair, replace, and maintain same. 6. Each Party shall keep all exterior walls of its structure located on its Property in good condition and repair at its sole cost and expense. No Party shall do or permit to be done any act or thing that would tend to depreciate the value of its structure or the Common Structures (i a variance in design, colors, roofing etc ) 7 Each Party shall maintain the roof over its structure in good condition and in such manner so as not to damage any structure located on the adjacent Property. These covenants are to run with the land and shall be binding on all Parties and all persons claiming under them in perpetuity Enforcement of these covenants shall be by proceeding at law or in equity against any person or persons violating or attempting to violate the same seeking either to restrain violation or to recover damages or both. Invalidation of any one of these covenants by judgment or court order shall in no way affect any of the other provisions which remain in full force and effect. PARTY WALL AGREEMENT Page 2 of 8 IN WITNESS WHEREOF, the parties hereto have entered into this Agreement on the date fully executed below CITY: MJH THE CITY OF BREMERTON MUNDY JO HOLDINGS, LLC By. By Patty Lent, Mayor Its Dated Dated CINEMA: By ! Its Dated STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires PARTY WALL AGREEMENT Page 3 of 8 STATE OF WASHINGTON ) ) § COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of 5 20 NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as of to ,be the free and voluntary act of such for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires PARTY WALL AGREEMENT Page 4 of 8 I Exlubit A City Property Legal Description PARTY WALL AGREEMENT Page 5 of 8 Exhibit B Cinema Property Legal Description PARTY WALL AGREEMENT Page 6 of 8 Exhibit C Retail Property Legal Description PARTY WALL AGREEMENT Page 7 of 8 Exhibit D Site Plan Identifying Common Structures PARTY WALL AGREEMENT Page 8 of 8