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HomeMy WebLinkAbout08/15/2012 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 AUGUST 15, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING . 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CAUL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 SHORELINE MASTER PROGRAM UPDATE — "Shoreline Modifications " — Nicole Floyd, City Planner II, Department of Community Development 4 PUBLIC RECOGNITION 5 MAYQR',S RECOST 6 CONSENT A_ A A Claims & Check Register B Minutes of Meeting — August 1, 2012 C Minutes of Study Session — August 8, 2012 D Professional Services Agreement with MWH Americas, Inc for design of the "Warren Avenue Bridge Water Main Replacement and Flow Control" Project E Resolution No 3178 adopting the South Kitsap Industrial Area (SKIA) Corridor Plan F Award Contract to RV Associates for construction of the 11 w Street and Warren Avenue Intersection Improvements" Project G Lease Agreement between the City of Bremerton and Connection Credit Union 7 U�, BLIC HEARINGS A Ordinance No 5192 granting a six (6) month extension on the existing moratorium for Medical Marijuana Collective Gardens 8 GENERAL r ,B §§NESS A Resolution No 3177 relating to the City of Bremerton's Commitment to provide Sewer Service to adjacent Urban Growth Areas B Ordinance No 5190 amending Section 2 30 020 of the Bremerton Municipal Code (BMC) "Employees included in Civil Service" to remove the positions of Fire Chief and Chief of Police from the Civil Service System C Ordinance No 5191 providing for the issuance of Limited Tax General Obligation (LTGO) Refunding Bonds for the [Bremerton] Norm Dicks Government Center, and delegating authority to the Director of Financial Services to approve final terms of the bonds 9 COUNCIL MEMBER REPORTS 10 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING The Bremerton Transportation Benefit District Board will meet in the Chambers immediately following the adjournment of the City Council Business Meeting ®Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting Testimony Of Alan R Beam to the Bremerton City Council on 15 August 2012 Subject Bremerton, Shoreline Master Plan Update Good evening, My name is Alan Beam I live in Enetai Beach at the end of Jacobsen Blvd I have come here to testify on some of the economic impacts that will result with the implementation of the new Shoreline Master Program As we all are well aware, the bulk of Bremerton's waterfront residential property is all ready developed There is a significant portion of Bremerton's shoreline residential properties that were built over fifty years ago Most are small by today's standards and limited by urban lot size The issue becomes restrictions on remodeling and rebuilding While the ability to rebuild a house destroyed by natural disaster within a year is minimally impacted, the City places burdens on the owner who wants to perform a significant remodel If the projected remodel will cost more than 75% of the assessed value of the structure, the owner will be required to bring the house up to current codes including new buffers and setbacks Factored into the calculation of the 75 % assessment value "all repair and maintenance work conducted within a five (5) year period on the structure shall be included in the calculation " Additionally bulkhead repair /replacement will be severely limited unless the primary residence is threatened I watched an example of the economic impact of these restrictions on a proposed property sale this summer There is a property on Shore Drive with a 1922 bungalow, a full lawn, and a six -foot deteriorating bulkhead, and a stunning view of the Bremerton waterfront The property was on the market for $270, 000 The house has an assessed value of about $45,000 The sale of the house fell through after the buyer met with Bremerton City staff to discuss planned remodels and the upcoming Shoreline Management regulations After careful consideration of the new rules and the possible restrictions on rebuilding the bulkhead, the buyers backed out of the contract I am convinced that someone will buy this property sometime and figure out how to deal with the restrictions But my question is why are we placing additional restrictions on redevelopment of some our most valuable residential property BREMERTON CITY COUNCIL MEETING SPEAKERS LIST "Now that the Election Season is here, please be aware that per the Bremerton City Council Rules & Procedures, discussion of ballot issues is prohibited after the issue has qualified for the ballot; and all announcements or advertising concerning candidates is also prohibited..." PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD (�, kpk- �lv v I E _7 L o I/L /3I ?L M E R i n� AM/'A/6A/ REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrrrrrrrrrrrrrrrrrr���■ SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date August 15, 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 349595 through 349799 and EFT's 12066 through 12099 in the amount of $2,174,87108 2) Regular Payroll for the pay period ending July 31, 2012 in the amount of $737,717 80 3) Regular Payroll for the pay period ending July 31, 2012 in the amount of $16,469 59 STUDY SESSION ACTION: ® Consent Agenda ❑ Gen ral Business ❑ Public Hearing COUNCIL PRESIDENT i COUNCIL ACTION: W❑ Deny ❑ Table ❑ Continue ❑ No Acton Form Updated 1/4/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (08 =on a mean @wagon @am 0 a as mono@ am am a as an @ a a a am anon now an@ one am none as am am No@ Nana ME a am a am 8 1 SUBJECT: City Council Minutes for COUNCIL MEETING Date. �— (5 D( j�_ A u �S� ((2 Department: City Council / Presenter Jim McDonald Council President Phone. (36)) 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: Aconsent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT r ��� IV COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4118/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 1, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 1, 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 Nick Wofford, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Members Carol Arends 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 Leslie Daggs followed by the invocation provided by Pastor Paul Meeker of Our Saviour's Lutheran Church SHORELINE MASTER PROGRAM UPDATE Nicole Floyd City Planner II, Community Development, provided a presentation on the Shoreline Master Program Update regarding "Code Layout and General Requirements" More information including the schedule of presentations can be found at SMP@ci bremerton wa us President McDonald reminded anyone planning to speak tonight during Public Recognition that per the Bremerton City Council Rules & Procedures no comments will be taken regarding any issues or candidates on the current ballot He also extended an apology to Vern LaPrath for not informing the public of this policy ahead of time PUBLIC RECOGNITION Vern LaPrath accepted the apology, but reminded the Council Members to be cautious of violating a citizen's First Amendment right by limiting their speech Steve Jankowski and Syd Nunez past and present Exalted Rulers of the Bremerton Elks Club, Order 181, presented Mayor Patty Lent with the Citizen of the Year Award to recognize her efforts in the community Todd Best described his new "Help Wanted' campaign that will assure no City Council position goes unchallenged Thanked Wyn Birkenthal for assisting the efforts to clean up and improve Ivy Green Cemetery, and invited volunteers to again Join him as he continues the clean up this weekend Lastly, he expressed his concerns that the City hired another management position, the cost of retail pads in the City is too high, and his disappointment that the Council approved the public benefit issue that was on the last agenda Ku_st, Executive Director of the Bremerton Housing Authority, invited the public to attend the Open House for the Renovation of the Winfield Apartments tomorrow, August 2 from 3 30 to 5 30 PM, and announced that an Open House for the new Bay Vista West Is being planned for Wednesday, August 29, also from 3 30 to 5 00 PM MAYOR'S REPORT Mayor Patty Lent • Invited John Powers Executive Director of KEDA to provide a briefing, • Discussed the success of the 2nd annual Junior Firefighter Stair Climb event with the proceeds to benefit the family of Amina Bowman for medical expenses, City Council Reg Mtg Minutes Wednesday, August 1, 2012 Page 2 of 4 • Looked forward to the West Sound Safety & Health Expo to be held at the Kitsap Conference Center and on the Louis Mentor Boardwalk August 15 & 16, • Proclaimed the Week of August 5 to 11, 2012 as "Farmers Market Week" and encouraged people to exclusively shop the Bremerton Farmers Markets for that week on Thursday at Evergreen Rotary Park and Sunday on the Louis Mentor Boardwalk; and • Congratulated Bremerton native Nathan Adrian for winning a gold medal in the freestyle swimming event today at the Olympic Games in London CONSENT AGENDA 6A Check Numbers 349380 through 349594, and EFT -12029 through EFT -12065 in the amount of $1,946,182 67, and Retiree Payroll for the pay period ending July 31, 2012 in the amount of $63,541 87 613 Minutes of Meeting — July 18, 2012 6C Minutes of Study Session — July 25, 2012 6D Approval of Collective Bargaining Agreement by and between the City of Bremerton and General Teamsters Local Union 589 There were no comments from the public 06:24:00 Motion was made by Brockus, and seconded by Runyon Comments were provided by Runyon, and he also thanked Finance Director Becky Hasart and staff for their efforts during the negotiations 06:25:00 M /S /C /U (Brockus /Runyon) Move to approve the CONSENT AGENDA as presented PUBLIC HEARINGS 7A — ORDINANCE NO. 5188 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 a Power Point® presentation to provide further details while he explained that the action before the Council is to conduct a public hearing and consider amendments to the Bremerton Municipal Code (BMC) and Comprehensive Plan to incorporate the South Kitsap Industrial Area (SKIA) Sub -Area Plan The purpose of the Sub -Area Plan is to establish a development plan for the project area and create regulations to guide development, consistent with the Bremerton Comprehensive Plan It was established that SKIA is located in southwest Bremerton, and comprises approximately 3,700 acres planned for industrial development and use A draft Sub -Area Plan has been prepared to guide the expected development in SKIA for the next twenty years, emphasizing economic development, fob creation, protection of natural systems, reductions in greenhouse emissions, more sustainable development patterns and buildings, and development of innovative and sustainable infrastructure Deborah Munkberg Consultant with Blumen Consulting Group & Inova PCD, LLC, provided an overview of Section E on the Capital Facilities Plan Mr. McIntyre established that two additional comment letters were added to the record President McDonald opened the public hearing for comments which were provided by. Tim Thomason Executive Director of the Port of Bremerton, and David Overton member of the Technical Working Group (TWG) City Council Reg Mtg Minutes Wednesday, August 1, 2012 Page 3 of 4 With no further comments, the hearing was closed to the public and opened to the Council 06:47:00 Motion to pass the ordinance was made by Runyon, and seconded by Brockus Questions and comments were provided by Runyon, Wheeler, Flem►ster, Daugs, Brockus, Runyon, and Wheeler, with responses provided by Andrea Spencer, Director of Community Development 07:07:00 M /S /C /U (Runyon /Brockus) Move to pass Ordinance No 5188 to amend the Comprehensive Plan to include the SKIA Sub -Area Plan, and amend BMC 20 80 to activate the development regulations in the Plan 78 — ORDINANCE N0.5189 ADOPTING THE PLANNED ACTION ORDINANCE FOR THE SOUTH KITSAP INDUSTRIAL AREA (SKIA) Doug McIntyre Long Range Planner, and Deborah Munkberg Consultant with Blumen Consulting Group & Inova PCD, LLC, provided an overview on the action before the Council is to conduct a public hearing and consider public testimony on the Planned Action Ordinance for the South Kitsap Industrial Area (SKIA) Sub - Area According to the State Environmental Policy Act (SEPA), a "Planned Action" is a designation for a project or elements of a project that shifts environmental review from a time a permit application is made to an earlier phase in the process The planned action analysis applies to the entire study area and addresses potential impacts and mitigating measures for each of the identified alternatives President McDonald opened the public hearing for comments which were provided by David Overton member of the Technical Working Group (TWG), With no further comments, the hearing was closed to the public and opened to the Council 07:19:00 Motion to pass the ordinance was made by Flem►ster, and seconded by Runyon Questions and comments were provided by Wofford and Runyon 07:22:00 M /S /C /U (Flemister /Runyon) Move to pass Ordinance No 5189 to adopt the Planned Action Ordinance for the South Kitsap Industrial Area (SKIA) President McDonald commended Director of Community Development Andrea Spencer and her staff for their excellent work GENERAL BUSINESS — There were no General Business Items tonight COUNCIL MEMBER REPORTS Leslie Daugs announced that the Olympic Ambulance 5k & 10k Family Fun Run will be on Saturday, August 4 beginning at 10 00 AM at Lions Park, and proceeds will benefit Amma Bowman and her family She also thanked Todd Best for his efforts to organize a clean -up event at Ivy Green Cemetery and invited citizens to loin the next work group this Saturday Adam Brockus invited the community to attend the 5 Annual Manette Neighborhood Coalition Garage Sale on Saturday, August 4, with the Picnic to follow at 3 00 PM at the Manette Playfield located at 13th & Vandalia, looked forward to the Bremerton Housing Authority's Open House for the Winfield Apartments Renovation tomorrow from 3 30 to 5 00 PM, congratulated City Council Reg Mtg Minutes Wednesday, August 1, 2012 Page 4 of 4 Bremerton native Nathan Adrian for winning the gold medal in today's 100 -meter freestyle swimming event, was pleased that the Department of Labor will be recognizing the PSNS and IMF Apprenticeship program tonight in Washington D C , welcomed his first granddaughter Kaelyn Mae Grimins on July 19, and announced that the Transportation Benefit District will be holding a Special Meeting immediately following the Council Meeting on August 15 Roy Runyon welcomed a new downtown business "Avebury Mystikals" located at 544 4` Street, invited the public to attend the Pacific Northwest Defense Symposium on Tuesday, August 21 from 7 00 AM to 4 00 PM at the Kitsap Conference Center, and wished Roberta a happy 90 Birthday Greg Wheeler was also very proud for Nathan Adrian and his parents Jim & Cecilia, invited the community to the Annual Union Hill Block Party on Saturday, August 11 from Noon to 6 00 PM along Veneta Avenue, and announced the Bremerton Figure Skating Club will be hosting the Pacific Northwest Interclub Championships that will feature 103 different events from Friday through Sunday this weekend at the Bremerton Ice Center, and the event is free to the public Faye Flemister also thanked Todd Best for his efforts to organize the clean up event at Ivy Green Cemetery, and since the cemetery is located in District 6, she especially encouraged her constituents to participate Nick Wofford hoped that everyone would submit their primary ballots that are due by August 6, and visaed with Council Member Carol Arends who is rehabilitating from an injury at the "Stafford Healthcare at Belmont" located on Lebo Blvd , and noted that Mrs Arends sends her regards, and reminds everyone to attend the First Friday Artwalk this Friday, August 3 from 5 00 to 8 00 PM in downtown Bremerton Jim McDonald also congratulated Nathan Adrian and his parents Jim & Cecilia Adrian With no further business, President McDonald adjourned the Council Meeting at 7 35 PM j Preredd and Submitted b LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM IUICDONALD, City Council President JM SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL (0c . ........................................................ ............................... SUBJECT: City Council Minutes for COUNCIL MEETING Date. L Department* City Council �U S 8 (�- Presenter Jim McDonald j 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: Aconsent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT* r` - COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4118/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES August 8, 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, August 8, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Roy Runyon, Adam Brockus, and Leslie Daugs Council Member Carol Arends and Greg Wheeler were absent Lori Smith, Legislative 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 input or participation, no action will be taken during the Study Session, and the content of these items is subject to change If approved by Council, the items will be placed on the August 15, 2012 Council Meeting Agenda A NO PRESENTATION PLANNED -The following items are budgeted items or have been reviewed by the appropriate Council Committee 1 Lease Agreement between the City of Bremerton and Connection Credit Union — Fire Chief Al Duke (General Business) 2 Resolution relating to the City of Bremerton's Commitment to provide Sewer Service to adjacent Urban Growth Areas — Ned Lever, Public Works & Utilities Department (General Business) 3 Professional Services Agreement with MWH Americas, Inc for design of the "Warren Avenue Bridge Water Main Replacement and Flow Control" Project — Ned Lever, Public Works & Utilities Department (Consent Agenda) 4 Resolution adopting the South Kitsap Industrial Area (SKIA) Corridor Plan — Gunnar Fridnksson, Managing Engineer (Consent Agenda) 5 Award Contract for construction of the "11 Street and Warren Avenue Intersection Improvements" Project — Gunnar Fndriksson, Managing Engineer (Consent Agenda) B FULL DISCUSSION ITEMS 6 Shoreline Master Program Presentation "Shoreline Modifications"— Nicole Floyd, City Planner ll, (Information only) 7 Proposed public hearing and ordinance granting a six (6) month extension on the existing moratorium for Medical Marijuana Collective Gardens — Allison Daniels, Community Development (Public Hearing) 8 Ordinance amending Section 2 30 020 of the Bremerton Municipal Code (BMC) "Employees included in Civil Service" to remove the positions of Fire Chief and Chief of Police from the Civil Service System — City Attorney Roger Lubovich (General Business) 9 Ordinance providing for the issuance of Limited Tax General Obligation (LTGO) Refunding Bonds for the [Bremerton] Norm Dicks Government Center, and delegating authority to the Director of Financial Services to approve final terms of the bonds — Becky Hasart, Financial Services Director (General Business) City Council Study Session Minutes Wednesday, August 8, 2012 Page 2 of 2 C GENERAL COUNCIL BUSINESS Council Committee Chair Reports were provided, and General Council Business was briefly discussed With no further business, the Council Study Session was adjourned at 7 20 PM Pre red and Submitted b yo?�; — �' ) -- LORI SMITH Legislative Assistant Attest SHANNON CORK City Clerk JIM McDONALD, City Council President JM SC Is cg i AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date 8/8/2012 Agreement with MWH Americas Inc for COUNCIL MEETING Date 8/15/2012 design of the Warren Avenue Bridge Water Department PWBU Engineering Main Replacement and Flow Control Project Presenter Ned Lever Phone (360) 473 -2398 SUMMARY: A water system earthquake vulnerability assessment, completed in 1997, identified the bridge water main crossings as highly probable points of failure in the City's water system during a large seismic event Corrections recommended include structural upgrades as well as seismic valves at the crossing points. The Warren Avenue bridge water main (identified as a moderate -high risk in the assessment) is in poor condition with missing structural connections and continuously leaking, joints. Concerns regarding failure of the main with potential damage to the Warren Avenue Bridge make this project a priority. Five consultants were solicited to submit proposals to update the Plan Three proposals were received for evaluation MWH Amencas, Inc was selected and a professional services agreement was negotiated for $ 29_ 2.908 with 92,992 to be held by the City pending budget approval for construction in 2013 ATTACHMENTS: 1) Council Summary, 2) Agreement FISCAL IMPACTS (Include Budgeted Amount) This contract is fully funded $220,000 has been included in the 2012 Budget for this project Estimated cost for construction is estimated to be $1,700,000 and is anticipated for budget approval in 2013 APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR e MAYOR RECOMMENDED MOTION: Move to approve the professional services agreement for the project Warren Avenue Bridge Water Main Replacement and Flow Control project and authorize the Mayor to finalize and execute the agreement with MWH Americas, Inc in the amount of $ 29_ 2,908 , with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY Warren Avenue Bridge Water Main Replacement and Flow Control Project Background A water system earthquake vulnerability assessment, completed in 1997, identified the bridge water main crossings as Moderate -High Risk vulnerability during a large seismic event Corrections recommended included structural upgrades as well as flow control valves at the crossing points In addition, the reduction in water use in recent years has increased water quality concerns in East Bremerton and has spot - lighted a need for better flow control between east & west Bremerton The Warren Avenue bridge water main is approximately 60 years old and is beyond its anticipated design life cycle It is in poor condition with missing structural connections and continuously leaking points Replacement of this main is a high priority due to the fact that a break in the water main will not only negatively impact our ability to provide water service to East Bremerton, but possibly also damage or destabilize the abutments supporting the bridge deck This work is identified on the Water System CIP and is currently planned for design this year with construction planned for 2013 Contract Summary Five consultants were solicited to submit proposals MWH Americas, Inc was selected and a professional services agreement has been negotiated for $292,908 with $92,992 held in reserve for Construction Services pending budget approval for construction in 2013 It is anticipated that the design, plans, specifications and contract documents will be completed in late 2012 or early 2013 Fiscal Summary The 2012 budget for the design is $220,000 Approximately $20,000 is anticipated for City staff cost and $200,000 for the consultant design contract This design project is fully funded through the 2012 water fund and is included in the 2012 budget Warren Avenue Bridge Water Main Replacement and Flow Control Project Page I of 1 Council Summary PROFESSIONAL SERVICES AGREEMENT Warren Avenue Bridge Water Main Replacement & Flow Control - Project #4489 The City of Bremerton ( "City ") and MWH Americas, 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 24, 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 Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $292.908 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 not be issued notice to proceed for Phase III and Phase IV as identified in the scope of work prior to City Council approval of the construction budget for this project The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and /or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/ Americas, Inc. Warren Avenue Bndp-e Water Main Replacement and Flow Control Project Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub - Consultants during the performance of this Agreement The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, to the extent caused by the negligent acts, errors, or omissions of Consultant.. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement Bremerton/ Americas, Inc. Warren Avenue Bridge Water Main Replacement and Flow Control Project Page 2 of 7 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily mjury 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 occurrence /claim Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability 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, 345 6 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. Bremerton/ Americas, Inc Warren Avenue Bridge Water Main Replacement and Flow Control Project Page 3 of 7 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 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 finished in the time and form requested Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B Ownership and Use of Records and Documents. Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under tlus 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 fumished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work D Place of Work The Consultant shall perform the work authorized under this Agreement at its offices in 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 Bremerton/ Americas. Inc _Warren Avenue Bridge Water Main Replacement and Flow Control Protect Page 4 of 7 E. Entire Agreement: ement: 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 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing City Address Consultant Address Atten• Paul Wandlmg Atten• Gregory S Harris Bremerton Dept of Public Works and Utilities MWH Americas, Inc. 3027 Olympus Drive 2353 130 Ave NE, Suite 200 Bremerton, WA 98310 -4799 Bellevue, WA 98005 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 arising 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 K Compliance with Laws. Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement L Choice of Law and Venue This Agreement shall be interpreted according to the laws of the State of Washington Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court M Attorneys' Fees In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N Assignment Any assignment of this agreement by the Contractor without the written consent of the City shall be void Bremerton/ Americas, Inc Warren Avenue Bridge Water Main Replacement and Flow Control Project Page 5 of 7 VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non - performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement A Excusable Delays. The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency, 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay B_ Rights Upon Termination. In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant Bremerton/ Americas, Inc. Warren Avenue Bridge Water Main Replacement and Flow Control Project Page 6 of 7 CITY OF BREMERTON CONSULTANT By- JaNell Cook By Patty Lent its Vice President its* Mayor Date Date Approved as to form Attest - Bremerton City Attorney City Clerk R \L EGAL\Contracts\FORMS\Professional Services Agreement Form (2003) doc Bremerton/ Americas, Inc. Warren Avenue Bridge Water Main Replacement and Flow Control Project Page 7 of 7 EXHIBIT A SCOPE OF WORK CITY OF BREMERTON ENGINEERING CONSULTING SERVICES FOR WARREN AVENUE BRIDGE WATER MAIN REPLACEMENT & FLOW CONTROL PROJECT INTRODUCTION The City's objective for this project is to replace the steel pipe portion of its 20" Water Main across the Warren Avenue Bridge, provide seismic isolation valves on three separate water mains crossing the Port Washington Narrows crossing to East Bremerton and make flow control improvements at 2 or 3 of those same locations. The project involves the replacement of approximately 1,720 ft of 20 -inch diameter bridge supported pipe extending from the south bridge abutment of Warren Avenue Bridge to the north bridge abutment located in East Bremerton. In addition, flow control including seismic actuated valve closure capability will be designed on three water mains crossing Port Washington Narrows (Bremerton side) at Warren Avenue Bridge, Manette Bridge and Snyder Avenue. The initial scope of work for the project includes four major categories of work tasks, as follows' 1 Project Management, Meetings, and Quality Assurance /Quality Control 2. Design and Protect Permitting 3 Bidding Assistance 4 Engineering Services During Construction A more detailed description of the scope of services, and services to be provided by the City are identified herein. The following scope of work describes the activities to be completed by MWH America's Inc. (hereinafter referred to as "MWH" or "Consultant ") and its subconsultants. I. Project Management, Meetings, and Quality Assurance /Quality Control Task 1. Project Management Manage the entire project scope of work for Tasks 1 through 10 for a period of six (6) months, Including monitoring the schedule and budget, making staff assignments to maintain the project schedule, and general management and coordination of project staff as described below. 1. Prepare and submit a Project Execution Plan. The Project Execution Plan will assemble and document the basic plan and procedures to be followed to manage and execute the work and will include the following. project team organization, team contact list, communication protocol, scope of work, budget, quality control procedures, and schedule MWH Page 1 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK 2. The work will include development of a project schedule with product due dates, work schedules, and milestone events. The schedule will be produced using Primavera P6 and will be submitted to the City of Bremerton in pdf format. Provide up to two schedule updates as needed. 3. Manage the project's subconsultants. This subtask includes preparing subconsultant agreements, coordination, schedules, and invoicing. Subconsultants will be used for surveying and corrosion protection system assistance 4. Monthly Status Report/Invoice. Prepare and submit monthly invoices and a brief monthly status report including: brief summary of work accomplished during the previous month, budget status, expenditures during the previous month, and issues to be resolved or coordinated with the City. Submit with each monthly report/invoice a summary of monthly project costs per task and total cost to -date per task. Task 2. Meetings Coordinate and conduct meetings /telephone conference meetings for project as described below: I. Site Visit. Prepare for and attend a field visit to the Warren Avenue Bridge, Manette Bridge and Snyder water main crossing areas on the day of the kick -off meeting. Observe and document existing field conditions, potential design and construction constraints and operational considerations. 2. Kickoff Meeting. Prepare an agenda and attend the kick -off meeting at City offices. Prior to the meeting, review existing project documentation such as site survey data, Dames and Moore report, WSDOT bridge drawings /specifications, Utility information, and City provided documents on existing control/seismic valve and other information. The meeting will be attended by two (2) MWH staff (the PM and PE). Review basic project requirements and constraints, including pipe material evaluation, key civil and structural considerations, WSDOT coordination, permitting requirements, water system operations, key construction issues, local community concerns, project schedule and other issues 3. Conceptual Design Alternatives Meeting Meet with City staff (two MWH engineers for a 3 hour meeting in Bremerton) to review and discuss conceptual options identified in Task 8 and to identify the preferred alternative for further design. A structural engineer will participate by conference call. 4. Monthly Telephone Conference Meetings. Conduct brief (less than one hour) monthly telephone conference meetings with City staff on design and permitting issues during the work of Tasks 1 through 10 from project initiation through completion of design This task assumes that up to six (6) meetings will be held. Meetings will include attendance by MWH Project Manager and MWH Project Engineer as necessary. A consistent time and date for the meetings will be determined by mutual agreement Summary meeting notes documenting major decisions will be issued. MWH Page 2 BREMERTON WARREN AVE BRIDGE 7/17M2 WATER MAIN REPLACEMENT PROJECT EXHIBIT A - SCOPE OF WORK EXHIBIT A SCOPE OF WORK Task 3. Quality Assurance /Quality Control 1. Prepare a Quality Assurance /Quality Control (QA/QC) Plan (brief memorandum) for the project that identifies personnel and schedules to complete reviews of the work products 2 Conduct an in -house Technical Advisory Committee meeting early in the predesign phase to obtain input from MWH's senior technical staff to provide guidance and input 3. Review of the Consultant's deliverables. Provide internal review of deliverables prior to submittal to the City, starting at the predesign, and continuing through the final review of the completed design. 4. Surveying and drawing files will comply with MWH CADD Standards II. Design and Project Permitting Task 4. Surveying Provide surveying and preparation of base maps for the water main replacement and flow control /seismic valve improvement project. The areas to be surveyed and mapped are as follows: 1. Warren Avenue Bridge Site Survey single "P -line" between both bridge abutments on the existing sidewalk (east side) deck aligned with the outboard guardrail. Provide spot elevations at 50 -ft intervals, bridge abutments, bridge deck expansion/contraction joints and at the concrete /steel bridge interface. Identify location of existing water main penetrations through both concrete bridge abutments. Survey construction staging area limits located at both ends of the bridge near the abutments, including surface features. The south and north construction staging areas are approximately 0 6 and 0 4 acres respectively Provide a topographic ground survey of the flow control valve vault location extending approximately 50 feet in all directions within the construction staging area limits. The actual vault location will be identified prior to field work 2 Manette Bridge Site. Provide a topographic ground survey of the construction staging area located adjacent to the existing flow control valve vault at the west end of the bridge The construction staging area is approximately 0.1 acres in size. 3 Snyder Avenue Site. Survey construction staging area limits bounded by the 0.08 acre City owned lot located just south of the Snyder Avenue and 25 Street intersection Provide a topographic ground survey within the entire City owned lot. The actual vault location will be identified prior to field work. The surveying and mapping work will include the following 1. Horizontal and Vertical Control. Provide horizontal and vertical control for the project survey work including control research. Prepare control survey worksheet. Use City of MWH Page 3 BREMERTON WARREN AVE BRIDGE 7/17/12 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK Bremerton project control for establishing both vertical and horizontal datum The vertical datum will be NAVD 88 and based on existing benchmark monuments Project coordinates will be assumed 10,000 / 10,000 assigned to one point in the project and the basis of bearings will be the City of Bremerton WSPCS North Zone, NAD 83/91. These points and the entire project will be referenced by conversion table to the City of Bremerton WSPCS North Zone, NAD 83/91 referenced to at least two (2) of the nearest available City geodetic control monuments at each site and both sides of the Warren Avenue bridge. 2. Engineering Base Map. Merge Kitsap County Lidar topography with ground survey data and prepare engineering base map in AutoCAD to produce a V contour interval topographic base map of the project areas defined above. 3. Conduct utility research. (Note: the City is to provide research documents and locate services for any City owned utilities, which primarily involves the water distribution pipelines and appurtenances). Contact utility agencies prior to ground survey to acquire location and utility type information for electrical, gas, communications and other utilities. Identify utility size and location on engineering base map. No potholing is planned. Task 6. Field Observation /Inspection of Existing Pipe Supports & Connections Conduct a one day, two person, field observation and inspection of the 20" water main pipe supports, connections and bracing located beneath the elevated sidewalk (east side) between the Warren Avenue Bridge abutments This task is necessary to assess the existing structural condition, installed dimensions and potential corrosion of the existing pipe supports which consist of supports mounted on concrete corbels, steel girder brackets and concrete deck hangers. Observation/inspection will provide guidance in determining the long -term capability of using existing pipe supports for the water main replacement project MWH will require the use of proper UBIT (Under Bridge Inspection Truck) equipment provided by the City or WSDOT. The equipment (including tie -offs and/or harnesses as needed), special operator and traffic control will be provided by and coordinated by the City under separate contract through WSDOT or others MWH will observe proper safety training, and will provide a Health and Safety Plan (HASP) prior to the inspection. Safety training directly related to UBIT will be provided by others Task 6. Initial Agency Coordination Meetings 1. WSDOT Coordination Meeting Prepare an agenda, schedule and attend a meeting with WSDOT to review the basic project description, requirements and constraints. The meeting will be attended by one (1) MWH staff engineer. A structural engineer will be available to participate by conference call This meeting will consist of discussing future WSDOT O &M (near term/long term) schedule, water main replacement project schedule, utility connection requirements, permit application requirements, traffic control requirements, bridge capacity for utility loading and other key issues. Meeting is assumed MWH Page 4 BREMERTON WARREN AVE BRIDGE 7117/12 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK to be located at WSDOT Olympia regional offices located in Olympia, WA. Prepare a brief e -mail summary of key findings /issues from the meeting and distribute to City. 2. Cascade Gas Company Coordination Meeting. Prepare an agenda, then schedule and attend a meeting with Cascade Gas to review the basic project description, coordination requirements and constraints associated with the gas line adjacent to the water line on the bridge. The meeting will be attended by one (1) MWH staff engineer. This meeting will consist of coordinating construction safety requirements, permit review, and potential gas line relocation requirements, to accommodate the water main construction Any necessary gas line relocations will be the responsibility of the gas company. Prepare a brief e-mail summary of key findings /issues from the meeting and distribute to City. Task 7. Permits The City will provide all necessary permitting services required for the project as needed. This includes the following: 1) a planning effort by the City to review and plan the strategy for addressing the project's permitting needs, and 2) preparation, submittal and acquisition of all permits. Permits may include permits required by City of Bremerton, WSDOT, Department of Health, SEPA, etc Consultant will provide no work under this task. City may use existing drawings provided by Consultant during the preliminary and final design work to support permit applications as needed. Task 8. Preliminary Design Memorandum Develop the preliminary design concept for the replacement of the Warren Avenue Bridge water main and flow control improvements located at three water main crossings (Warren Avenue Bridge, Manette Bridge and Snyder Avenue). The work will include the following: 1. Initial Structural Review. Evaluate existing 20" diameter water main structural supports located on the Warren Avenue Bridge for compliance with the current International Building Code (IBC). This evaluation covers three different types of structural supports described on City of Bremerton Dwg No. A -31; 3050: concrete corbel ( fixed/roller support), steel section bracket (fixed/roller), steel hanger (fixed/roller). This review does not include review of the structural capacity of the existing bridge girders and/or other structural bridge elements 2 Basis of Design Review and document the basis of design parameters for the water main and structural support design proposed for the final design phase. This task includes references to design codes, and identification of dead/live loads, and seismic parameters. These Basis of Design parameters and loads will be conveyed to WSDOT for their concurrence. The City will provide a decision on the pipe diameter required for replacement of the pipe at the Warren Avenue Bridge, and MWH will rely on this decision without further independent verification. 3 Civil Design Considerations. Civil design considerations deemed important for developing the final design of both the Warren Avenue Bridge Water Main Replacement and the Flow Control Improvements will be identified These considerations will be reviewed and a MWH Page S BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK comprehensive list developed for inclusion in the final design. A preliminary list of considerations is as follows Elevated Water Main at Warren Ave. Bridge- • Pipe expansion/contraction • Pipe joint flexibility • Pipe support system movement • Pipe thrust and seismic restraint • Seismic displacement and restraint Flow Control & Seismic Valve Vaults- • Vault design • Seismic valve isolation • Flow control valve • Meter • Thrust restraint • Electrical & telemetry 4. Evaluate Pipe Material. Evaluate up to five pipe materials (Steel, DI, HDPE, fusible PVC and CIPP) for water main replacement. Evaluation will consist of developing a weighted matrix comparing the pipe material alternatives on up to eight criteria including the following: constructability, structural integrity, pipe ,joints, corrosion potential, design life (longevity), future operation and maintenance and installation costs. It is assumed that both the HDPE and CIPP pipe material alternatives would be installed inside the existing 20" steel water main (casing). 5. Traffic Control Requirements. Provide input on traffic control requirements during construction for inclusion in the Preliminary Design Memorandum. Input will include considerations for closing at least one lane (north bound) during construction. Consider alternative night time closure or other measures to mitigate traffic impacts. 6 Conceptual Design Alternatives Meeting. Conduct a conceptual design Alternatives meeting as described in Task 2, item 3. 7. Initial Structural Support Concept — 30% Design. After completing the pipe evaluation and identification of the recommended pipe material and support system, the initial structural support concept will be developed for the design elements: • Three types of supports (concrete corbel, steel bracket and hangers) • Relative location of fixed and roller support • Spacing, position and preliminary connection details (weld vs. bolted) of elevated water main supports • Layout of flow control/seismic valve and meter, vault, and electrical /telemetry control 8. Permits. List in table format the project permits required from regulatory agencies for constructing the project based on the list of permits provided by the City from Task 7. The MWH Page 6 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK table will summarize the known permit constraints, conditions and schedule of approximate application agency review and approval duration based upon information provided by the City. 9 Schedule. Update schedule (prepared in Task 1) for the Preliminary Design Memorandum, covering preliminary and final design and project construction 10. Prepare a Predesign Memorandum. The above predesign evaluations will be summarized in a memorandum describing the alternatives considered and the recommended design. It will present the following: introduction and background information, description of existing conditions, pipe material alternatives, coatings, structural requirements, proposed construction methods and sequencing, permit requirements, and project implementation (i.e. preliminary opinions of probable cost [AACE Class 5] and schedule) for the preferred alternative. This memorandum will be provided by the City to DOH, WSDOT, and other appropriate regulatory agencies in support of permit applications. Meet with the City by conference call to receive comments and review the draft submittal. Eight (8) copies of the draft and eight (8) copies of the final memorandum will be provided to the City. 11. Scope Review. The subsequent final design and permitting work will be based on the approved concepts and layouts as established in the preliminary design memorandum developed in Task 8 For the purposes of this scope of work and the associated budget for the remaining tasks, it is assumed that the preferred predesign alternative will be the replacement of the water main, constructed of either steel or DI pipe material, on an all new support structure (with the exception of the concrete corbels) within the same location and alignment as the existing water main. Based on the predesign efforts completed per Task 8, the remaining project work scope will be reviewed by the City and Consultant. Significant changes in the predesign concept when compared to the assumptions above, or any significant changes made to the planned bid document content, will require mutual agreement between the City and Consultant, including any applicable scope of work and budget revisions, if necessary Similarly, any significant changes made to the design concepts during subsequent design development and final design that differ from the agreed predesign concept will require mutual agreement between the City and Consultant, including any applicable scope of work and budget revisions, if necessary. Task 9. Final Geotechnical Studies The City has determined that geotechn>cal explorations are not needed at any of the three Flow Control /Seismic Valve Vault sites (i e. Snyder Avenue, Manette Bridge, and Warren Ave Bridge vault sites). Consultant will provide no work under this task. Task 10. Final Design Prepare final design contract documents for the Project as follows- A. Design Water Main Replacement and Flow Control /Seismic Valve Vaults. Prepare a detailed design for the watermain materials selected for final design Analysis shall include MWH Page 7 BREMERTON WARREN AVE BRIDGE 7117/12 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK evaluation of internal working and surge pressures, external loading conditions, temperature stresses, required pipe bending stresses, and definition of the final pipe wall thickness design. B. Flow Control /Seismic Valve Vaults. It is assumed that valve vaults will utilize standard precast utility vaults with vault design by the manufacturer. It is also assumed that there will be a common vault and piping layout utilized among the three vault locations C MWH will not be responsible for any evaluation of the capacity of the Bridge or elements of the Bridge to support the pipeline loads; the load capacity of the bridge and bridge structural elements shall be the responsibility of WSDOT, and MWH will rely on the load capacity information without further independent verification. D. Prepare Contract Drawings. The work associated with facilities to be designed includes: 1. Plan and profile drawings for the water main replacements 2. Elevated pipe support details 3 Flow Control /Seismic Valve vault plan and profile drawing for up to 3 locations. (Assume common design at all three locations) 4. Electrical and Telemetry plan (Assume common electrical /telemetry design at all three locations) 5. Surface restoration requirements 6. Connection details (new pipe to existing) 7. Miscellaneous piping and civil details The following drawings are expected be included in the Contract Drawings Drawing No Description General G -1 Cover Sheet G -2 Vicinity Map, Location Map, Index of Drawings G -3 Symbols and Abbreviations G -4 General Notes General Civil GC -1 Construction Access and Staging Plan - I GC -2 Civil Details - I GC -3 Civil Details - U Civil C -1 Water Main Demolition C -2 Water Main Plan and Profile - Sta. 0 +00 to Sta. 9 +00 MWH Page 8 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK C -3 Water Main Plan and Profile - Sta. 9+00 to Sta 17 +20 C -4 Flow Control/Seismic Valve Vault Site Plans - (3 locations) General Mechanical GM -i Mechanical Notes and Details Mechanical M -1 Flow Control /Seismic Valve Vault Plan & Profile — I (Warren Ave & Snyder Ave) M -2 Flow Control/Seismic Valve Vault Plan and Profile — II Manette Br.) TemRgM Erosion/Sedimentation Control (TESL) ES -1 TESCP Notes and Details General Structural GS -1 Structural Notes and Details GS -2 Standard Structural Details -I Structural S -1 Pipe Support Sections and Details- I S -2 Pipe Support Sections and Details- II General Electrical GE -1 Symbols -1 GE -2 Notes & Abbreviations GE -3 Details Electrical E -1 Flow Control/Seismic Valve Vault Plans E -2 Single Line Diagram E -3 Panel Layout E -4 Schematic Diagram Traffic Control TC -1 Traffic Control Plan TC -2 Traffic Control Details Plans will be prepared in 22" x 34" format for reduction to l I" x 17" document format for use during design reviews and bidding. D Final Specifications. Prepare the final specifications, bidding and contract documents, all referred to as Contract Documents, required for the work. The Contract Documents will be prepared using the City's front end documents and general conditions (Division 0) and Consultant's Technical Specifications (Division I through 46) based in CSI format. Specifications shall include earthwork, piping, corrosion protection, structural MWH Page 9 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A - SCOPE OF WORK EXHIBIT A SCOPE OF WORK (miscellaneous metals and grout only — it is assumed that no specifications are required for any new concrete work) and other associated specifications as required E Review with City. Attend a review meeting (by conference call) with City staff (one MWH engineer) at the 60 percent and 90 percent levels of effort. Review comments received from the City and other permitting/approval agencies will be included in the 100% Bidding/Contract Documents for the project. A three (3) week City review period is assumed for each of the design completion levels. The 60 percent design completion level deliverable will include the front end contract documents and an outline of the technical specification and selected plans. The 90 and 100% design completion level deliverable will include all of the Contract Documents (including Division 0 and technical specifications) and all drawings. F. Final Contract Documents. Produce final Bidding/Contract Documents including reduced plans and technical specifications suitable for bidding purposes. A single bid package is assumed for this project. A single full size unbound bid -ready set of the Bidding/Contract Documents (signed paper originals of drawings and specifications) will be provided to the City. In addition, 3 bound sets of half -size drawings (11 "x17 ") and specifications will be provided to the City G Engineer's Opinion of Probable Cost An Opinion of Probable Construction Cost will be prepared at the 60% (AACE Class 4) design completion level. A final Opinion of Probable Construction Cost (RACE Class 2) will be prepared at the 100% design completion level as an estimate of the project construction cost. The client acknowledges that MWH has no control over cost of labor, materials, competitive bidding environment and procedures, unidentified field conditions, financial and/or market conditions, or any other factors likely to affect the OPCC of this project, all of which are and will unavoidably remain in a state of change, especially in light of the high volatility of the market attributable to Acts of God and other market events beyond the control of the parties. The client further acknowledges that this OPCC is a `snapshot in time' and that the reliability of the OPCC will degrade over tune. The client agrees that MWH cannot and does not make any warranty, promise, guarantee or representation, either express or implied that proposal, bids, project costs, or cost of O &M functions will not vary significantly from MWH's good faith OPCC. Ill. Bidding Assistance Task 11. Bidding Assistance This Consultant will not proceed with the work of this task without prior written authorization from the City. The scope of this Task is limited to the budget established for this task. A. Respond to questions received from prospective bidders. The City will field all bidder questions initially and will pass along selected questions where Consultant input is needed. MWH Page 10 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A - SCOPE OF WORK EXHIBIT A SCOPE OF WORK B One (1) MWH staff engineer will attend a prebid conference conducted by the City. C. During the bidding period prepare addenda items determined necessary to clarify or correct the Contract Documents in response to questions received from Bidders by telephone and at the prebid conference. D Provide continued Task 1 Project Management activities (i e. management of team, monitoring of scope and budget, and monthly status report and invoices) for 3 months period during Bidding Assistance phase. IV. Engineering Services During Construction Task 12. Engineering Services During Construction This Consultant will not proceed with the work of this task without prior written authorization from the City. The scope of this Task is limited to the budget established for this task. Hours estimated for engineering services during construction are based on the assumption that Consultant is not performing on -site field inspection or Construction Management Services. Consultant shall not be responsible for the means, methods, techniques, or procedures of construction selected by the Construction Contractor or for the safety precautions and programs incident to the work of Construction Contractor or for any failure of Construction Contractor to comply with laws, ordinances, rules, or regulations applicable to the construction work. Consultant and the City recognize that the Construction Contractor is responsible for ensuring that construction is in accordance with the plans and specifications. It is assumed that the City's standard forms will be used for records and reporting procedures The overall scope of work described in Task 12 is limited to the budget available based on the man-hours described herein. 1. Meetings /Site visits. Attend construction project meetings at the project site (or City facilities) as requested by the City and further described below Attend up to four (4) meetings /site visits as requested by the City to discuss protect progress and design related issues and/or conduct site visits to observe on -going construction conditions and key elements of the work. Construction activities observed which do not meet the contract requirements will be noted. Written field observation notes will be prepared and submitted to the City. The budget for this task assumes that each meeting and/or site visit will last up to 2 hours (not including travel) and that 1 MWH staff member will attend each meeting. 2. RFC's, Changes, Miscellaneous Consultations. Provide clarification of contract documents as presented in Requests for Clarification (RFC's), evaluate project design changes proposed by the Contractor, provide review of City responses to RFC's, and provide miscellaneous consultations as further described below. A total of 92 Office Engineer hours of effort are budgeted. MWH Page 11 BREMERTON WARREN AVE BRIDGE 7M7112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK a. Interpretation and Clarification of Contract Documents. Provide requested clarification and interpretation of the contract plans and specifications. Provide written response to formal Requests for Clarification (RFC's) submitted by the Contractor and distributed to Consultant from the City. b. Review City Responses to other RFC's. Receive, review, and maintain files of other RFC responses prepared and issued to the Contractor by the City. C. Miscellaneous Consultations. Provide miscellaneous consultations to the City throughout construction. Respond to phone calls, participate in teleconferences, send and receive faxes, and correspond via e-mail with the City throughout the duration of construction. 3 Submittals Review. Receive electronic copy of selected shop drawings, material samples, and other submittals from the City for review by Consultant. The City will route the submittals to the appropriate Consultant personnel electronically for review. Review these submittals for conformance to the intent of the Contract Documents Compile written comments and return electronic /printed copy of each reviewed submittal with responses to the City upon completion of the review process and by the deadline indicated by the City (minimum 14 days review period is required). Retain the remaining printed copy of the submittal for the Consultant's files Evaluate selected substitution(s) and `or equal(s)' proposed by the Construction Contractor during construction and provide recommendations to the City for final approval. Since the number of submittals, re- submittals and substitutions to be reviewed is undefined, the scope is limited to a maximum of 86 hours for Office Engineer time to review Construction Contractor submittals plus general coordination, technical assistance, and Quality Assurance /Quality Control. 4. Prepare Record Drawings. Incorporate the Construction Contractor's record information on CAD design files. Changes in materials, elevations, and location, from that shown on the plans will be shown based on the information provided by the Construction Contractor Final electronic AUTOCAD files, and a pdf file copy will be provided. Up to 60 hours is budgeted 5. Provide continued Task 1 Project Management activities (i.e. management of team, monitoring of scope and budget, and monthly status report and invoices) for 9 month period during Construction phase. Task 13. Undefined Services As it is difficult to accurately determine the nature of all features required for this project during bidding and construction phases of the work, a contingency fund representing approximately 10 percent of the total budget for engineering services is included in this task The funds included in this task cannot be utilized without prior written approval from the City of Bremerton. MWH Page 12 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A - SCOPE OF WORK EXHisrr A SCOPE OF WORK Project Schedule The work described herein will be conducted in accordance with the schedule described below. 1. Preliminary Design Aug - Oct 2012 2. Final Design Nov 2012 - Jan 2013 3 Permitting Feb 2013 4. Bidding, Award, and Contract Execution Mar - May 2013 5. Services During Construction Jun - Dec 2013 6. Construction NTP a. Submittals June 2013 b. Materials Acquisition Jul - Aug 2013 c. Installation Oct - Nov 2013 Additional Services The following services are not included in the basic services and will be considered extra work to be performed by Consultant, if authorized by the City of Bremerton in a contract amendment 1. Provide construction management services 2. Provide part time or full -time inspection services. 3. Provide on -site mill inspection of the pipe as requested by the City. 4. Additional survey of existing pipe support locations on bridge if initial spot checking of pipe support locations near the two bridge abutments are found to be inaccurate on existing WSDOT as -built drawings. 5. Permitting assistance, if required. 6. As requested by the City, provide any other additional services not specifically included in the scope of work above Services Provided By City of Bremerton Services to be provided by the City of Bremerton include the following: 1. Right of entry to all areas required for surveying, geotechnical, and other design activities. 2 Permitting including agency coordination, permit applications, etc. 3 Analysis of flow capacity needs at Warren Ave. Bridge Water Main, and a decision on the required pipeline diameter 4. Provide any potholing required for City owned utilities and water services. 5 The City will distribute 6 copies of Contract Documents (bid or conformed) to Consultant for its use during construction. MWH Page 13 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK EXHIBIT A SCOPE OF WORK 6. The City will distribute Contract Documents and addenda through an electronic web posting service. 7 The City will route construction submittals electronically to appropriate Consultant team members. 8. All legal services related to contract review, protest, claims and related items. 9. Construction management and administration services 10. Coordination with all permitting agencies during Construction to verify compliance with permit conditions. MWH Page 14 BREMERTON WARREN AVE BRIDGE 7117112 WATER MAIN REPLACEMENT PROJECT EXHIBIT A — SCOPE OF WORK I I I EXHIBIT B - SCHEDULE WARREN AVENUE BRIDGE WATER MAIN AND FLOW CONTROL PROJECT m CL o d W a w o a w o z o LL 2 a 2 a w O z Phase 1 - PM, Meetings, and QAIQC Task 1 - Project Management Task 2 - Meetings g= mm =m Wgmm MR& Task 3 - QA/QC Phase 2 - Design and Project Permitdn Task 4 - Surve Task 5 - Field Observabon/l 'n of = Supports & Connections J Task 7 - Permits CI Task 8 - PrelirrunaeL Design Memorandum " Task 9 - Final Geotechnical Studies NIA Task 10 - Final Design b� # Phase 3- Bidding Assistance Task 11 - Bidding Assistance Phase 4 - Englneedng Services During Construction Task 12 - Engineering Services During Construction Notes 1) Dashed schedule bar denotes intenmttant activity EXHIBIT C Fee Schedule MWH Americas, Inc. 2012 Schedule of Hourly Rates Warren Ave. Bridge Water Main and Flow Control Project Employee Classification 2012 Labor Rate Senior Company Officer $225 per hour Principal Professional $205 per hour Supervising Professional $165 per hour Senior Professional $145 per hour Professional $121 per hour Associate Professional $102 per hour Designer $110 per hour Resident Engineer $135 per hour Inspector $112 per hour Project Controls Specialist $135 per hour Administrator $90 per hour Clerical $66 per hour Non - salary Expenses CADD $18 34 per hour Applied Project Costs (APC) $10 40 per personnel hour Mileage Standard Audited Federal Rate per mile (currently $0 51) plus 10% Other Direct Costs Actual Cost plus 10% Subconsultants Actual Cost plus 10% The individual hourly labor rates for 2012 include salary, overhead, and profit MWH's non- salary expenses, include applied project costs (APC), computer aided drafting and design (CADD), mileage, and other direct costs (ODC's), including subconsultants, if required. Mileage, ODC's and subconsultants will be charged at actual cost plus 10 0% to cover general and administrative (G &A) overhead. Individual hourly rates beyond 2012 will be increased annually (approximately April 1 of 2013, etc ) based on annual salary adjustments 7118(2012 SUMMARY OF ESTIMATED PROJECT Cam MM Anierkea, Inc. City Of Bremerton - Warren Avenue Brldpa Walter m er Win Replaoeard and Flow Control Improvements Project PM Civil I Shucturm I Electoral I Geoteeh Cons$ Controls Administrative INSC TOTAL OOCS APC SUBTASK TASK Prin P Prin, Pmn Supv Prorl "r Prin Prof? 5enlor Prot Supv Pmn Supv Pion Ras. Enpr Designer Sr TOTAL TOTAL CADb ODC'8 SUB'S WI MARKUPS (3110,110" TOTAL COST TOTALS QAIQC - QAIOC - Project Project Chat Structural Structural Gaoteehnkel Strueturet TASK Mdhi thimUCloosi ication P N% 8lrtretrrral er Meier a0ne En Sneer En Meer Eketriml En maer ConstruelPoO CAD CAD Eatimetor Controls AdmM Adndn Clarice! HOURS SAL COST S i f 5 S S S Hourly Rate (20121 5205.00 Sm f206A0 1165 OD 1121 00 f20 &00 i14bA0 S"', $/86.00 1135 00 $71000 1 S1 p0A0 $13 00 000 $90 00 566 p0 1- PROJECT MANAGEMENT. MEETCM, AMID CWQC ProMct Manamniont A Iml(el Project SeWp 35 IS 63 0 0 11 1720 0 119 1838 B Project ManapemenUPm)ect Controls 105 53 81 22 3,266 0 0 229 3 494 C Prepirflak dale Project Schedule (4 updates) t o 7 6 70 D Manage 10mlect Subconsubrits 18 11 1495 D O 710 1804 E Monthly Status 359 0 0 78 377 fus Repo and Invoices (6) 5 3 2.6 53 too 24 2 927 0 0 247 3174 Lt SUBTOTAL OA 00 22.8 61 12.3 Do 00 00 0.0 OA 00 CA Do 53 $1 18.5 S 1 681 $9,786 f0 so so $o $722 $10.488 510,488 A She Viet and KcW Meeting 35 to$ 1 8 1 ,9 B Conceptual Design Meetng 3 5 7 0 2 8 2 8 18 3,098 0 60 Bp 183 3 346 3 5 19 3113 64 50 119 201 3 434 C Monthly Telephorm Conference Meetings (6) 53 79 53 1.8 35 24 4293 a 0 247 4 530 L2 SUBTOTAL Do OA 12.3 254 26 as 1.0 53 00 00 Do 33 cc OA CA CA 0.0 604 $100494 $64 $710 50 Sias $631 $11,310 $11,310 11 Ouatlty AasuranciyVyagly Cormol A Quality Management Plan i g9 3 417 0 0 27 444 C B Work Meet 7 1385 0 a 73 1438 Work Products Review 19.3 7 0 19 t A 61 18 34 8 584 32 32 357 6 973 0 0 0 0 0 a 13 SUBTOTAL 210 8.8 3A i Do oA 0 D 61 OA 00 1.8 OA Do so DA 0.0 Do 438 S8.366 $32 $D SO $32 $457 $8,855 $8,855 PHASEISUBTOTAL 21.0 8.8 385 333 14.9 96 18 114 OA 00 18 3.5 0.0 543 61 10.5 70 173.3 $28,a28 Soo 5110 so $217 51,810 S30,1153 530,633 PHASE 11- DESIGN-AND-PROJECT PERfatTTiNG 0 - DESIGN MID PROJECT PERMITTING U1 Sunyvin A Survey Control UlMy Research Surveying Base Map 14 to 4 501 0 10900 17 98D 37 12 527 0 4 SUBTOTAL Do OA *a 1.9 1 A go 0A cc 00 00 Do OA cc 0A OA at OA 3.5 $501 f0 $0 s10.900 $11,990 $37 $12,527 $12,527 Feld Observallonfinsoecdon ofEElalino Pine Summ d Connections A Field ObservatwMnspedbn 18 7 0 8 1 304 0 785 1 200 2162 91 3 557 8.6 SUBTOTAL 0.0 OA OA to 00 0.0 To OA 0.0 00 00 OA cc CA cc Do CA 0.0 $1,304 i0 $765 $1.2D0 32,162 Sol $3,567 53,557 hiWai Aeen(v Coordbiallon Meetings A WSDOT Meell" 63 26 2.6 11 1 683 48 100 0 156 110 lost 8 Cascade Natural Gas Meeing 53 5 886 0 50 0 55 55 976 L8 SUBTOTAL 00 OA OA 105 Do 2.6 00 cc 00 00 00 2.6 0A 00 0.0 00 00 ISO S 2,559 $48 $160 so 5213 $185 $2,937 $2,937 pormintes A identify Pommft and Develop Tracking List D 0 0 0 D 0 B Prepare SEPA Chaddlet 0 0 0 0 0 0 0 C Prepare Pound Applications (Bldg d Shoreline Permiq 0 0 0 0 0 0 0 D Preappleatbn Meeting Support 0 0 0 0 0 0 0 L7 SUBTOTAL 0 0 0 0 0 0 0 0 0 0 0 D 0 0 0 D 0 0$ - so s0 s0 t0 i0 $0 s0 ProlaMnen D@Mm Merrrerandum A Initial Structural Review of East WM Supports 18 70 70 16 2 739 0 0 165 2 903 B as" of Deep 18 35 to 12 2 021 0 0 126 2149 C Crd Design Cornideratio s Elevated PipelValve Vault is 35 105 35 - 18 2678 0 0 201 2880 D Evaluate Pipe Material 26 70 70 17 2 540 0 0 774 2 714 E Structural Support Concept pagsNeteft) 30% Design Leh 53 140 19 3106 0 0 201 3 307 F Pro Project 0 9 G Schedulee 02 1 144 0 0 9 154 1 144 0 0 9 154 H Prepare Prelimrhery Deagn Merrorendum 53 7 0 28 0 53 105 is SB 8507 0 200 t1Q0 1,210 803 70320 LB SUBTOTAL OA OA go 220 45.6 210 3" 14 00 35 0.0 OA Do 00 OA Go OA 1426 $21,881 s0 $200 $900 $1,210 SIAM $24,592 524,662 J'� Sre0teEltnlca/ Studies A Field Explorations B Laboratory Tasting D 0 0 0 0 0 0 C Engineering Ans"Is 0 0 0 D 0 a D 0 D Geotedmieel Memorandum (4 pope limit) 0 0 0 0 ) 0 0 0 0 0 0 0 RA SUBTOTAL 0 0 0 0 0 0 0 0 0 a 0 0 0 0 0 D 0 0 s0 $0 $0 f0 so f0 s0 $0 LN aanion A Foal Pipe Dacgn 53 106 B Contract Dmwugs 16 2 137 0 900 990 785 3211% 551 $08 280 455 lip 5 473 2383 no 68 731 8198 300 3 ODO 8 828 5,532 84 099 C Final Spe fim Boris ISO 768 35 70 140 210 140 17 556 0 0 1483 19 019 D Review Meetings with City (60% 8 90% Design Level) 86 9 1444 0 100 710 91 1845 E FkW Confect Oewmeros 35 70 35 TD 70 21D 49 son 385 365 512 7 519 F Erpmeem Opmwn of Probebb Consbuceon Cod 18 18 35 525 60 9 471 0 0 622 10 083 LL16SUBTOTAL OA OA 1.0 901 150.5 35A $95 873 CA 00 472 257.3 526 OA 00 00 210 802A $106.961 15585 $400 33.900 $10,315 "Ass $125,660 $125,660 PHASE RSUBTOTAL OA 0.0 11.4 126.9 197,6 66,6 105.0 89.3 OA aA 41.9 259.9 526 OA 00 ad 210 973.0 133206 6813 1515 18900 25889 10158 169267 $169,263 PHASE M . BroDBNG ASSKTANCE M - BIDDING ASSISTANCE MU A Project MenapenrentpmjM Camrol6 (3 Montle) 6 1 3 3 13 t 96 0 0 136 2134 B MOM* SUM Repots wW Invoices (3) 3 2 C Respond U Ouesboa Dom Bidders 2 6 4 4 3 5 14 1755 0 0 146 1 901 16 2 690 0 0 167 3 007 D Atlsrld Pre-Sid Canto onoe 8 8 980 0 0 63 1 053 E Propo a Addends 2 4 12 2 2 22 3,262 0 0 230 3 492 111.11 SUBTOTAL 0 0 13 1s u 4 0 6 0 0 0 9 6 a 3 6 3 71 $10,885 $o $o $ o $o $742 $11,627 511,627 PHASEMSUBTOTAL 0 0 fa 10 12 6 0 6 0 0 0 0 a 3 3 5 a T1 1066 0 a o a 742 11627 $1107 PHASE IV - ENGINEERING SUPPORT SERvm9 DURING CONSTRUCTION N - ENGINEERING SUPPORT SERVICES IV 12 A Project Mens69tnenUpm" Conhols (9 Montle) 18 2 9 10 39 5 695 0 0 408 6 303 B Mw" SUM RePolc end bwaoss (9) 9 5 9 16 41 5100 0 0 426 5 528 C Meetrom" VaBS (4) 20 7 27 4 455 0 200 220 262 4,957 0 InUrp WOVCk* of Contract Doe 5 Mac Consul 12 16 16 6 6 10 N 11 196 0 0 711 11907 F C Q RFs �Ch m 10 2 6 6 24 3.920 0 0 251 4 171 S 1 Re aw 16 34 12 24 88 12 464 0 0 899 13353 G Room Omwln$s 2 6 12 40 80 6775 954 147 1116 627 8.518 W 12 SUBTOTAL 0 0 39 71 66 10 24 47 0 0 12 40 0 9 9 18 10 345 $49,798 0954 $347 $0 $1,335 53,605 $54,737 $54.737 PHASE W SUBTOTAL 0 0 69 71 Sa 10 24 47 0 0 12 40 0 9 9 16 IS 346 49795 954 347 0 1325 3506 54737 $64,737 Amm'' low NM Manaoemant Reserve (10 39 $26,836 111 Reserve to cover eunenW unant/eloatod eotondal eddkbmI work Mat may come an dedna Bfddhw and ConstructIon Phases, In yp t y i na nw n Issues etc. at dw dkareflor 07 the Glv [ WAYMAWNIO L — ACMWWrF g�EC — r?DTALSAWth 21 9 102 250 261 04 131 M 0 4 61 303 17 16 35 41 1 2 S222, $6 S tM SIM WAS s ts , 326 $26 ' 02 - 92 – .9 - 0 - 8 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (06 ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee �)o- 3t d SUBJECT: Resolution adopting the South Study Session Date August 8, 2012 Kitsap Industrial Area (SKIA) Corridor Plan COUNCIL MEETING Date August 15, 2012 Department PW & U Presenter Gunnar Fridriksson Phone 473 -2354 SUMMARY: In conjunction with the SKIA sub -area plan and future development of this area, a Cross -SKIA Connector Plan with an alignment for a new roadway to meet the transportation needs of the adjacent properties has been completed This corridor plan has been developed with a Project Advisory Committee (PAC) consisting of the major SKIA landowners, as well as government stake holders in the project The corridor plan now requires formal approval and adoption by City Council W'Osd /u f i by7 A)o, 3 ( 7 8 ATTACHMENTS: 1) £-m -UnC - Summary, 2) Corridor Plan FISCAL IMPACTS (Include Budgeted Amount) None The adoption of the corridor plan does not obligate the City of Bremerton financially to completing the roadway The adoption does make the City and Port of Bremerton eligible to pursue grant funding through the Washington State Department of Transportation (WSDOT) APPROVALS: DEPARTMENT DIRECTOR {l CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Resolution No 178to adopt the Cross -SKIA Connector Corridor Plan 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. I A RESOLUTION of the City Council of the City of Bremerton, Washington, adopting the Cross -SKIA (South Krtsap Industrial Area) Connector Corridor Plan. WHEREAS, SKIA is designated as one of eight Manufacturing/Industrial Centers in the Puget Sound Regional Council's (PSRC) Vision 2040 regional growth strategy, and WHEREAS, SKIA will retain a different urban environment than Bremerton's current regional or district centers, particularly due to the expected industrial development to occur in the next 20 years, and WHEREAS, the City of Bremerton has passed Ordinance No 5188 adopting a subarea plan for SKIA pursuant to the provisions of Chapter 36 70A RCW and involved the community in its preparation, and WHEREAS, the development of SKIA will create a transportation demand for a connector roadway through the site, and WHEREAS, the City and Port of Bremerton have undertaken an extensive public participation process by conducting Project Advisory Committee (PAC) meetings, workshops, and public open houses between November 2010 and June 2012 to discuss the SKIA Connector alignment and cross - section to gather public input, and guide the development of the plan, and WHEREAS, the PAC consisted of major SKIA landowners and representatives from the Port of Bremerton, City of Bremerton, Kitsap County, City of Port Orchard, and Washington State Department of Transportation (WSDOT); and THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. The City of Bremerton hereby adopts the Cross -SKIA Connector Corridor Plan dated March of 2012, attached hereto as Exhibit A SECL ONZ Severability If anyone or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 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 \Legal\Legal\Resolutions\Public Works \SKIA Comdor Plan doc COUNCIL SUMMARY Cross -SKIA Connector Corridor Plan Summary To leverage development at the 3,700 -acre SKIA area, a new connector roadway from SR 3 from the north to Lake Flora Road to the south is proposed to open up currently inaccessible areas. A project advisory committee (PAC) was established approximately two years ago to guide the alignment and cross section of this roadway for Phases 2 and 3. This PAC consisted of the mayor private property owners in SKIA, along with the Port of Bremerton, City of Bremerton, Kitsap County, City of Port Orchard, and WSDOT Early this year, a final alignment and cross - section for the roadway were agreed upon by the stakeholders. This alignment and the process involved in coming to this decision are included in the final version of the Corridor Plan, dated March 2012 Fiscal Summary No fiscal impact. The Port of Bremerton and private property owners are responsible for obtaining funding and construction of the roadway, which will eventually be turned over to the City of Bremerton. The adoption does make the City and Port of Bremerton eligible to pursue grant funding through the Washington State Department of Transportation ( WSDOT) SKIA Corridor Plan Council Summary Ilti.��l CROSS -SKIA CONNECTOR PHASES 2 & 3 CORRIDOR PLAN � /C�J � ,.._._ _ j �. �. " • ... _ 7 S� (J ~ iy, i � ' � l,i � >.f. Yh� d '� 1 � ` i I � �� � � � { e, �' l ,� J �� � �/ � �: t{ � � 1� �: tw: _.. _ .. _ � ` ,�„ 1 ,.,�f - � r CHAPTER 3 LIST OF EXHIBITS Land Use and Transportation - Future Conditions Exhibit 1 -1 SKIA Area and Roadways 1 Exhibit 2 -1 SKIA Boundary 3 What is the future land use? 5 Exhibit 2 -2 Regional Transportation Network 4 What is the future transportation network? 6 Exhibit 4 -1 2006 Corridor Plan Study Area 7 Exhibit 4 -2• Alignment Alternatives 8 r? 1 CHAPTER 4 Exhibit 5 -1 Selected alignments 11 or Plan? 1 Alignment Alternatives Exhibit 5 -2 Re- phasing 11 1 Exhibit 5 -3 Division of Phase 2 11 2 What was the process for selecting alternatives? 7 Exhibit 5 -4 Funding 12 How were alternatives measured? 9 Exhibit 5 -5 Typical Cross - section 13 Exhibit 5 -6 Proposed Section Features 14 CHAPTER 5 Alignment Selection and Implementation APPENDICES n SKIM 3 What is the selected alignment? 11 Appendix A Conceptual Designs and Cost Estimates ion How was the selection implemented? 11 Appendix B Alternatives Analysis Matrix 4 What are the project elements? 12 Appendix C Developable Land Impacts 4 Which project elements are currently funded? 12 How will the roadway be designed? 13 Y wide a roadway to access the Area (SKIA) site at the Port of Pha 9 Phase 2A as a regional manufacturing tpport up to 10,000 jobs at full e 1 of the alignment, completed )ng the Port's eastern property id the roadway to provide the east and Lake Flora Road to Prepared to document the study of ignments, choose alignments based ovide design and implementation ./8 r ca A Connector Phases 2 and 3 4 its for consideration, three for Phase eveloped evaluation criteria to rank �: 75 use within SKIA, ability to meet acts, and costs The design team Selected alignment, page 11 Proposed cross - section, page 13 1 prepared conceptual designs and Iternative 2011 and came to consensus that de the best site circulation for Project Funding Environmental Preliminary ip agreed on a re- phasing of the Corridor Plan Permuting Design Final Design Corun , options The re- phasing extends tely 3,000 linear feet and keeps the rt property Details of this PHASE 1 r5 - - - -- - - -- - - PHASE 2: Segment 2 -1 � - - - -- - -- -- - - - - - - -- $2.000.000 allow the same roadway section - - - - -- - -� emerton, WSDOT, and the City PHASE 2: Segment 2 2 C $260,000 $2,200,000 mector The design includes two PHASE 2.• Segment 2 3 $210,000 $2,300,000 npact development features These PHASE3 $12D,d00 $320,000 $2,800,000 oncrete bicycle lane, a drainage , well as a separated pervious Funded Nor Funded $120,000 $790,000 $9,300,000 Funding summary, page 12 iment is expected to be funded of Phase 2 are still in need of of Phase 3 Dn *. -_ ^q P rn z i� nector? ;KIA) is a 3,700 -acre site near CIA is designated as a regional' r The area is the largest undeveloped 1 ty and estimated to support up to !xt 20 years / X will require transportation _ CIA Connector The Port of �► r SKIA landowners are moving forward s F the connector to support access to trial sites s + ted in 2010 and is shown on Exhibit •, ��, rovide an intersection at Old Clifton, rty dedicated to aviation development'' ` st the Port's property and through ✓� lip center and providing a connection ill ultimately serve as a backbone to nfrastructure throughout the SKIA ake Flora Road and SR 3 will provide access to the regional transportation ; orridor Plan? nent the existing and future land )f the SKIA subarea The plan yang and measuring alignment preferred alignment In addition, the criteria in relation to applicable codes i? he Port of Bremerton is serving as the )roperty owners The Port obtained and Regional Council (PSRC) to °s 2 and 3 of the corridor as well as Ll match includes $49,000 from the Who is involved? The Project Advisory Committee (PAC) for the Cross -SKIA Connector The Port retained Parametrix to facilit Corridor Plan consists of mayor SKIA landowners— Overton & corridor plan, and perform 30- percent Associates, Alpine Evergreen, and McCormick Land Company —as well of the connector as representatives from the Port of Bremerton, City of Bremerton, Kitsap Key Parametrix project team member - County, City of Port Orchard, and WSDOT Justin Jones, PE - Project Manal Members of the PAC include Joleen Fuson - Outreach Planne • Port of Bremerton 0 Gary Maynard, AICP - Permrtti Fred Salisbury • Dan McReynolds, PE - Principa • SKIA landowners Ryan Sandstrom - Alpine Evergreen • Sam Nielson, PE - Design Engu } Doug Skrobut - McCormick Land Company David Overton - Overton & Associates • City of Bremerton Andrea Spencer, AICP Gunnar Fridriksson Alan Lobdell Doug McIntyre • Kitsap County Greg Cioc • City of Port Orchard Mark Dorsey • WSDOT Dick Egolf !.r •vy„ � /. ' „� .j'.”. ---- .�.st 3't'�'4'.��'1 r 1 ` y�.. L : 'IV'- J •. • • ` _fir t:,� )Iiupic Vida • • • • :,,. ,' �,� inelush'ial Park Or • • 41— Y'��? '' -�i'Ll �`� �.�j �Yr'y � +Y• .f � y I. ff� �•� ` i r V 1. � •lam .� � 1� .I' i „ j . �' i„7 � S •� ' Y �,�� �1 *�� .� y ���3� , (.n /, �/ +�' "*? � 1 ..o •'Y .�(. l { �,� rP l�lir:.nIl';I TON , 'tf � // ire .1 r, r_.... �j{{ •� � 3.�.s -.. J '✓ .f '+ \'. , _'_ _.' __----•-- ' r , S e l A .rs� .. i ` • � r . t r:/ q '�"� fi ;Y y ,� "' �< ~ it "� ^' .� • ~ � •i -� �"'�''�,�''' ,� " . i � s+ � x ' ng transportation network look like? speed limit Under its Partial Access Control designation, direct access to City Facilities the state highway is limited to selected public roads and no commercial Lake Flora Road is a Rural Minor Arte :)n system through the SKIA subarea is connections are allowed Several private driveways remain active north of We, a county facility, local access roads recently the Bremerton Airport, however these driveways will likely be roadway is 22 feet wide with two 11 -fc remerton, and port -owned facilities Below are re- directed to frontage roads if SR 3 is eventually widened This widening 50 mph gays in proximity to the connector Exhibit 2 -2 is considered necessary as discussed in the City's of Bremerton's 2011 elation to the greater regional network Draft SKIA Subarea Plan and Environmental Impact Statement (EIS) SW Barney White Road is classified as 22- foot -wide road includes two 11 -foc County Facilities mph hwest through the SKIA area and generally Old Clifton Road SW is classified as a Local Access roadway at the SW Imperial Way is classified as a Loc dary of the industrial area gaining access boundary of the industrial area The roadway is 19 feet wide with one lane only way traffic can enter the Olympic Connector Through this area, SR 3 is a two -lane in each direction The posted speed limit is 30 mph. 3 Therefore, the road carries all traffic ural Principal Arterial with a posted 55 mph or the Olympic View landfill From SR Barney White Road, the four -lane roar shoulders P O RT ORCHARD Port Facilities r As part of the Olympic View Industria southwest where it intersects Constant ,�� –� roadway has a posted 35 mph speed lip r." i OLO CLIFTON RO SE SEDGWICK RD 1 Cross -SKIA Connector Phase 1 provic - J Base 1 (constructed) —r terminates short of the Old Clifton Ro I ! �° roadway has a posted 35 mph speed Iii 9 Port or 9remerton National Airport �\ arnmorton - -� i a How does the network functior I Le Ke Flora F1 SKIA WSDOT's 2010 Trips System Annual' '� average daily traffic (ADT) traveling S j ��_ —�� _ - - - - -� ?ha E MULLENIX RD d approximately 17,000 vehicles Trucks ! - - - - - -i Phase 3 \ vehicle traffic Based on Kitsap County 2010 data, La Road both were operating within acce carrying relatively low traffic volumes Z i U SW Wa HELENA RD of SR 3 (through the SKIA area) had a o Q e SE BURLEY represents a 19% decline in traffic sinc I q OLALLA RD ADT of approximately 2,030 vehicles, I Y Port Orchartl // I Airport decline since 2006 The City's 2011 Draft Subarea Plan, cu includes a traffic study that reports all \ I are operating with a LOS of C or bette ad Transportation - Future Conditions What is the future transportation network? lopment, considers three alternatives The future transportation network is based on the conceptual planning e 2 Reduced MIC /Mixed Use Center, conducted as part of the SKIA Subarea Plan and EIS, with a projection n alternative, similar to Alternative year of 2030 The plan identifies a conceptual roadway network that iatrve The modified Alternative 2 provides several access points within SKIA No additional work has iter degree while maintaining the been done during the course of this plan to quantify the rate and type –up to 6,500 lobs —at full build -out of development, or the specific traffic generation and distribution characteristics related to individual development proposals ner property —is the first Future year scenarios include several assumptions that should be re- east of SR -3 During the time of this visited in order to assess actual long -range transportation network nal proposed developments within impacts This includes a re- evaluation of the total development potential and the Bremerton Motorsports Park of SKIA and timing for a build -out scenario that may extend f the SKIA area being served by the beyond 2030 , other companies have discussed no plans are official The City has established intersection LOS standards for urban areas, as defined within an Urban Growth Area, which includes the SKIA area ;sumed that no significant industrial The standard for SKIA is LOS D or better Even under the No Action area bounded by SR 3 and the airport Alternative of the SKIA Draft EIS, several intersections will operate at LOS F by 2030 If the area were to build -out as anticipated under Alternative 2, necessary improvement projects would include adding capacity to the SR 3 form and scheduled for adoption in mainline and signalizing the intersections of SR 3 /Lake Flora Road and :IA development The 3,700 acres are SR 3 /Sunnyslope Road to meet the City's LOS standard Improvements i of the Subarea Plan) to County roadways and intersections, particularly along Lake Flora and 's property adjacent to the runway, Old Clifton, would also be necessary de of SR 3 in the Olympic View The 2010 Bremerton Economic Development Study (BEDS), prepared by WSDOT, recommends several improvements to the road network, including along SR 3 in the SKIA area The report makes it clear, however, Feral Industrial on the private property that these projects do not have full or reasonably foreseeable funding None of the projects is assumed to be in place by 2030 uthwest corner of SKIA My in the City of Bremertoes Final What are the transportation impacts from What are the near -term transport SKIA development? network enhancements? The SKIA Draft EIS identifies actions to reduce the significance of Near -term network enhancements inc transportation impacts as a result of future SKIA development These Cross -SKIA Connector The roadway projects include the following Phase 1 of the roadway, extending to I is classified by the Federal Highway Ac • Implement the Belfair Bypass Collector • Widen SR 3 to four lanes from a point south of Lake Flora Road to SR 16 and install traffic signals at the Lake Flora Road and The roadway design will follow the Ph Sunnyslope Road intersections 12 -foot travel lanes, 5 -foot bike lanes, pedestrian path Pervious pavement ai • Grade separate the northbound and southbound SR 3 movements for natural drainage practices, pendinl at SR 3 / SR 16 / Sam Christopherson Avenue intersection roadway will also have a design and pc • Implement minor intersection widening and signalization at the As the City of Bremerton annexed 3,41 Old Clifton Road / SR 16 ramp intersections the completed roadway will become p. Belfair Bypass system Listed as the top priority project in the BEDS report, the SR 3 Belfair Bypass project would reduce congestion and provide increased safety and The remaining chapters of this corridc connectivity in Belfair's commercial area It would also provide a high Alignment alternatives for coml speed, limited access bypass for through traffic of the Cross -SKIA Connector to The Bypass includes a Lake Flora Road connection, which could result in • Evaluation criteria used to meas increased travel options to and through SKIA, potentially reducing traffic impacts to SR 3 by providing a bypass Again, this project is not funded The preferred alignment to inch and not expected to be in place by 2030 network, and Implementation /phasing approa Alternatives xting alternatives? , d and evaluated in two separate separation allowed the PAC to focus ie roadway that did not apply to the SR - ntirely within Port property and portant to make distinct phases evaluating the information gathered y J � tif}nng additional alignment criteria to measure the alternatives, SE t meets the goals of SKIA PHASE 3 6NMEh CORRIDOR AREA ASE 2 orridor Study, while identifying a _ , oadway, also identified one potential >tudy area for Phase 3 These _ _ — Opp vn in Exhibit 4 -1 — — — — CLIFTO t team along with the Port of of the Phase 2 alignments During this i for wetlands and cultural resources, —_ -graphy and potential challenges irmation from the site walk as well my 27, 2011 for evaluation and LAKE FLORA Zapter walks through the PAC's ROAD I the preferred alignment Exhibit 4 -1 The 2006 Cross -SKIA Connector Corridor Study identified a preferred alignment for Phase 1, completed in 2010, a possible Phase 2, and a large study area for Phase 3 Phase 2 Alignment Alignment Requirement The PAC reviewed the topography anc The PAC agreed that the chosen Phase 2 alignment must provide a confirmed that the three alignments o s ul ° 9 4 connection to the County's Old Clifton Road to the east The intersection Study should be further studied and e will be controlled with a roundabout for Phase 3 are identified as 3 -A, 3 -B, ° o ° described below and shown on Exhibi ` Identifying Alternatives One alternative for Phase 2 was originally identified during the 2006 3 -A This alignment would run along Corridor Study During the July 2011 PAC meeting, the committee was consensus to study this as the east members confirmed the alignment as a valid alternative and identified power lines are immediately east two additional alignments for study and evaluation n a 3 -B This alignment would run along t �x 0 three alternative alignments are identified as 2 -A, 2 -B, and 2 -C Each Alignment 3 -A and represents the app ., alternative is described below and shown on Exhibit 4 -2 alternatives This alignment was perce _ earthwork and critical areas impacts. 2 -A This alignment would run along the eastern edge of the Port's 1 property This alternative was originally identified during the Phase 1 3 -C This option is the most westerly c 1 Corridor Study linear feet, the longest alignment of th would be the western -most boundary r 2 -B This alternative would run along the existing pipeline route This west would likely impact the Port's rur alignment was suggested to combine the site's constraints (pipeline and roadway) as a means to maximize developable land All Phase 2 and Phase 3 alignments wE County UDAR and GIS information 1 2 -C This alternative would follow the Port's old taxiway on the south side adjusted to avoid streams, buffers, and of the airport This alignment cuts through property identified as aviation development, and limits the options for Phase 3 alignments Phase I Phase 2 l C, ° Phase 3 Alignment Alignment Requirement The group confirmed that the selected alignment must provide a connection to Lake Flora Road Identifying Alternatives t__ The Phase 3 study area was originally identified in the 2006 Corridor Study It is framed by the BPA power lines to the east, Port property to the north, SR 3 and Overton & Associates property to the west, and Lake ®��� o o Flora Road to the south z members and Fred Salisbury, Port of Bremerton, The evaluation for Phase 3 was more complex than Phase 2 This e 2 complexity was due to a higher number of potentially impacted property \ owners, additional topographic and environmental challenges, and the fact that a preferred intersection location along Lake Flora Road had not been identified fired? Runway Protection Zone (RPZ) Impacts Ives comparison, the PAC compiled Federal Aviation Administration regulations require an RPZ The RPZ °nt The criteria fall into four general is the area off the end of the runway set aside to enhance the protection of people and property on the ground Trapezoidal in shape, overall � dimensions of the RPZ are determined by runway approach type and •c 0 aircraft approach speed The RPZ was calculated for the Bremerton National Airport and none of the proposed alignments encroaches on this area Horizontal and Vertical Alignments eria to measure each alternative These This criterion examined the earthwork required for each alternative ipleted score sheet for the alignment to meet City and WSDOT LAG standards for horizontal and vertical , g alignment. The flat land on the airport property makes it easy for all three of the Phase 2 alignments to meet these standards without adjustments However, because of the challenging topography on the private property, all three Phase 3 alignments require at least moderate adjustments to e Land Use category include meet design standards Alignment 3B would require significant earthwork velopment connectivity, to meet roadway standards Intersection Sight Distance Phase 2 and Phase 3 will provide important connections to Old Clifton mine the remaining developable land, and Lake Flora Road, respectively This criterion considers the sight each alternative selection Five acre distance at the connection point for each alternative and measures the size for industrial development GIS amount of adjustments needed to meet sight distance standards For used to determine the alignments that phase 3, Alignment 3C is the only alignment to meet these standards at identified those remaining pieces of the Lake Flora Road intersection without modifications sed for both Phases 2 and 3 Intersection Geometry This criterion was used primarily for the Phase 3 connection to Lake how the alignments provide the Flora Road The criterion considered the planned improvements to Lake he Cross -SKIA Connector is the first Flora Road, including the Belfair Bypass, and the potential need to extend sways through this land, the connector the connector across Lake Flora with the use of a four -way intersection re access roads to serve the industrial This criterion considered critical areas challenges across Lake Flora rs considered the ability for each Road and the perceived ability to expand the connection to a four -way most SKIA lands as well as provide a intersection at the connection point innections Utility Conflicts The only utilities currently running through the SKIA property includes a , esign Criteria included Runway gas pipeline owned and operated by Cascade Natural Gas Company The Lake Flora Road is curvy with a posted 50 mph speed rizontal and vertical alignments, pipeline runs along the eastern side of the SKIA property One alignment geometry were important criteria in evaluating the pc rsection geometry These criteria are option for each phase -2B and 3A —runs along this pipeline alignment When evaluating this criterion, we considered the feasibility of realigning the nineline to keen it in the utility corridor of the alivnment ac well ac 3. Environment 4. Funding ce Criteria under this category include wetlands buffers, mitigation, and The costs associated with each alignm, earthwork associated with steep slopes Since the Phase 1 roadway The funding criteria helped to identify eliminated the need for a stormwater facility by using a drainage swale built sooner and more economically tl design, we anticipate using the same stormwater approach for Phases 2 considered construction costs from a c ° a and 3, pending geotechnical investigation Therefore, the suitable siting of while Phase 3 also documented the re( a stormwater facility was not an evaluation criterion for these phases alternative These considerations are ft Wetlands and Fish and Wildlife Construction Costs Wetlands are critical habitat for native vegetation and animal life The construction costs criterion used 1 Ak Environmental regulations control how much wetland area may be directly compare the alternatives TheE disturbed The regulations also prescribe mitigation measures that must elements, with some having more imp , be taken if development impacts occur Wetlands are a critical factor in siting the roadway alignment from both the permitting perspective and ° Linear feet of roadway from a budget standpoint, as required mitigation can significantly C Environmental mitigation and F impact costs 0 Cut and fill earthwork needs The design team used GIS to identify known wetlands and streams on the SKIA property We assumed a conservative 200 -foot wetland buffer and Right -of -Way Costs � ° 150 -foot stream buffer to avoid wetland and stream impacts However, The Phase 3 alignments run through F °7 �'� there are unavoidable wetland impacts associated with Phase 2 near Old making this an important criterion W Clifton Road None of the Phase 2 alignments, however, poses any more because the property owners will dire( N wetland impacts than others their property Earthwork Since all Phase 2 alignment alternative j Steep slopes can create cut and fill requirements in order to meet criterion was not a factor in the evalua ' a acceptable vertical and horizontal alignments This criterion was used to evaluate alternatives for both Phases 2 and 3 Alignments 2C and 3B Conceptual Designs and Cost I - °' - scored the lowest with extensive earthwork being required to meet design requirements The protect team prepared conceptual along with preliminary cost estimates r,� roadway estimates on file We then us( a = _ rate the alignments based on the estab above 1te \l,u� � �� `�ti �, These conceptual designs and cost esti a ; included in Appendix A Y t walked the Phase 2 alignments to determine critical Selection and Implementation nt? How was the selection implemented? included in Appendix B, the PAC In addition to the alignment selection, the PAC expressed interest the next two phases of the connector in redefining the extents of the 2A /3C alignments Specifically, the ►ecause it does the following adjustment extends the Phase 2 alignment and keeps it on the Port's property The advantage to extending the length of the 2A alignment on 1 and earthwork challenges, port property is to capitalize on the Port's ability to maintain the lead role nce and intersection geometry at Lake and obtain grant funding 0 bons, The extension of Phase 2 adds approximately 3,000 linear feet to the cts, and Phase 2 alignment This extension of Phase 2 affects the cost estimate for to the developable land within SKIA this alignment The original cost estimates — located in Appendix A— were provided prior to the extension of Phase 2 and do not reflect this n Exhibit 5 -1 Its impacts on port and 3,000 foot extension. Accordingly, the original Phase 3C alignment cost , ndix C estimate does not reflect the shortening of this segment. The revised project phasing is illustrated in Exhibit 5 -2 Dhase 2 ' �; Phase 1 Phase 2 7 , 3hN 'Qo f e O \� `� 1 /40 iQ�oy 1,04F X �� f ,3C Exhibit 5 -2 Re phasing Extension of Phase 2 to remain on Port property and run along the southern boundary What are the project elements? Corridor Plan Preliminary Design The Corridor Plan development involved coordinating with project The preliminary design for Phase 2 wi nd to simplify funding, the Port of Bremerton stakeholders to identify potential alignments, preliminary survey, following elements conceptual designs, and cost estimates for each alternative The . Topographic survey shorter segments These segments are shown stakeholders have agreed on a preferred alignment for Phases 2 and 3 This Corridor Plan provides documentation of the project's decision •Environmental evaluation of critic making process including alignment selection, project phasing, • Roadway design detailing alignmt and design intersections, and stormwater mat . Preliminary construction cost esti Phase 2 Environmental Permitting . Collaboration with SKIA stakehol 2 -2 SEPA - The Cross -SKIA Connector is consistent with the City's Subarea . Verification with permitting agent 2 -1 Plan and Planned Action EIS, therefore, SEPA documentation will not be 2 -3 required for this project Final Design Final design includes preparing constr NEPA - The first phase of the Cross -SKIA Connector received a NEPA that meet City Bremerton and WSIJ Documented Categorical Exclusion (DCE), eliminating the need for an once approved, will be the shovel -read A environmental assessment or EIS The project team is working to obtain construction a DCE for Phases 2 and 3 of the project as well With the NEPA complete for the entire alignment, the project will be competitive for future grant o' funding For example, the United States Department of Agriculture Which project elements are cut Rural Development has reduced its requirements for being shovel -ready Exhibit 5 -4 shows the project's progre� The agency is willing to obligate funds to projects that complete the preliminary engineering report and have satisfied NEPA In addition, construction and the extent which ] TIGER Grants view projects that have already completed NEPA more Note the costs below are reflective tive of favorably under the project readiness criterion not the original cost estimates provide Project Funding Environmental Preliminary Corridor Plan Permitting Detlgn Final Detign egment Lengths 2,700 LF 3,800 LF PHASE 1 - 3,000 LF 9,500 LF PHASE 2: Segment 2 -1 _ $ 4,500 LF PHASE 2: Segment 2-2 $260,000 $2,. TOTAL 14,000 LF PHASE 2: Segment 2-3 $210,000 $2„ PHASE .3 F - LL — J - -- -- $120,000 $320,000 $2,, FJ Funded Not Funded $120,000 $790,000 $9, Frhrhit 5 -4 Fundinv igned? mistration (FHWA) classified the consideration along the connector between SR 3 and Old Clifton Road ilajor Collector However, the City that would warrant a four -lane roadway However, should the area reach king the Cross -SKIA Connector a City its full potential under Alternative 2 and support 6,500 employees, future rently have a design standard for a widening may be required barea Plan will have streetscape and ncorporated into the design The proposed right -of -way —used in Phase 1 and proposed for Phases 2 and 3 —is shown in Exhibit 5 -5 elines (LAG) Manual, the Connector instruction" Under this designation, n —is able to define certain design ards either meet or exceed those set ss to industrial properties will make lances under City code, similar to J ,e 1 of the roadway r� t Connector cross - section �1hy .,II ' flay^ KEW IT, continuation of the cross - section ' vhich consists of two 12 -foot travel 3 -foot gravel shoulders, with 2.1 cut ' will again be placed on either or both 1 quality requirements The section also rail, separated from the travel lanes by 4 I ie preliminary design for the h) Maximum profile grade is 8%, with nt of 333 feet Clear zone would meet 3' S' iz' iz' S' � 3' SWALE AS NEEDED GRAVEL PWi= PAVEDVEHIC ILIME PAVEDVEHICLELANE PERVIOUS MVEL , s and 14 -16 feet for cut slopes The ErMER SIDE SHLM CONOIE E CDN udes a 600 -foot minimum radius on a a �craE LANE LANE 73 5' e road —with the ability to retrofit Exhibit 5 -5 Typical Cross - section provide access to development — evelopment proposals through nd access roads will be determined ccessing the need for any additional no development proposals under What are the code requirements? � SECTI Federal Aviation Administration LAG Manual Bremerton National Airport layout pl, Proposed, Section According to the LAG Manual, the Cross - SKIA Connector falls under determine whether the Cross - SKIA Cc Rural Major Collector design level "D" New Construction Under this designation, the Manual interference to the safe and efficient of allows the local agency —City of Bremerton —to define certain design departing from the airport These plan 4.5 -inch asphalt, 7 -inch crushed surfacing standards, provided the local standards either meet or exceed those set Zone (RPZ), designated in accordance basecourse, subgrade compacted forth by AASHTO is an area off the end of the runway set 600' of people and property on the ground Standards specified in the LAG Manual for a "shouldered collector" call dimensions of the RPZ are determinec 8% maximum profile grade for a roadway width based on design hourly volume (DHV), which is aircraft approach speed Current analy estimated to be 15% of average daily traffic (ADT) Based on projected alignments for Phases 2 and 3 of the a 2% ADT of 21,000 for the connector, LAG Manual standards dictate a RPZ interference roadway width of 40 feet, consisting of 12 -foot travel lanes and 8 -foot 10 -foot shoulders Standard ditch slope is 4 1 and, where present, sidewalks Kitsap County should have a minimum width of 5 feet and be constructed with a firm, Phase 2 of the connector will connect 35 mph stable, slip- resistant surface and a 2% cross -slope roundabout Old Clifton Road is a Kit - a Local Access road The completion o 35 mph City of Bremerton of Old Clifton into the SKIA area, whi The City currently does not have a specific street standard for a Rural standards 333 -feet Collector This project proposes to use the same street section used in Phase 1 of the connector, as shown in Exhibit 5 -5 This section was 2.1 to 4.1 reviewed and approved by the Port of Bremerton, City of Bremerton, and WSDOT Local Programs Variation of the technical specifications 12 -feet for the street section will depend on site - specific information such as geotechmcal evaluation, infiltration rates, and groundwater location 3 -feet Does the proposed roadway section meet Drainage Swale other considerations? 5 -foot pervious asphalt separated walkway Federal Highway Administration (3- inches thick) In August 2006, FHWA classified the proposed Cross -SKIA Connector 5 -foot paved pervious concrete as a Rural Major Collector There are no roadway standards provided (10 -inches thick) for this classification in the City Road Standards However, FHWA documentation supports the application of engineering judgment in tunes applying design guidelines to functional classification • " • • • . • • • • • • } �:•w.w +p p M, - f • - � . .yfr�i f � r 1 ji.? `,.1� �'�� ° .fir •'fu '` Y,, `• � /'" r �y" � ;���v�tyky�•�.~Tfj >�z.� � �F � � r-.. 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' ^ � , v < t �* �C. h L5 1 i Miscellaneous .st �- 5;, K' "�"� t`. �•�'•^ � r '�Ar +� � ` i Miscellaneous Stormwater Struatnes / Culverts Outf / aOS (840) �. 1 ` 1.` k t L' �. r` Iii 1 c Sri t�. ; r . L '�. �t,}r r` t ir "� ?:� �. -- - - - - - - - ° - - - - - - fir. ar - - - - - - - - - - - - - - - - - - - - . t .r sa ' ;� 4� 7 t 4 LS 1 Roundabout Including Illumination System tit r y,� t`�w C Y `' "t'E.k+ r •.��r�' tlt O 91y{`ti �'1�. ` � '" �� g , �t �J a __.._ _ _ _ _ - -_ - . - _ - -- - --- _ _ LF 5 t �g,��� v � Z" .r.t� Cir�` 41► fp ,880 Moot Wl ldllfeFence w.;wN c1 r "+ K \ :r� Lr.++'' r `A !9 reAf,' �7; t"t y.S,`e`1'�'%tS I.,,Yr• ). 3 s C - 3ar� - .J,..� r, 1C r �.>.... e'*.' 4i `lA" LF 530 Old Clifton Road Extension incl Pervious Concrete Shoulders LS 1 Signage and Channeiizatlon(2 %) ty;F`., y .. , , ai;eY: c�„{kS"'t:�' +.r k i �+ `�+ _ a , �D Y 'a' '^� ' i . av+ J r° t!"k l5 1 Landscape and Restoration (2 %) Lc •�5ifr�r (�? ' ! xt° LS 1 EnvlronmemelMldgatlon ' , ', r �' La ; /• �► + F, , �Ct+7r{ rl +y -Ow 0 Existing Utility Conflicts k�i f ly VM L1 HUA � ig > t5 C�)�+ )� bl9 Fy t t 1 CoMingency 115 %) w kJ'Yt ' �Gj `+' °S # ' 4.. 1. 0..�,$;eE +7,i"`..�5 "1.5, + 7'' I i +v 'Gr'"�ti`'h tV SUBTCTAL Ir /etl S 1 Design and Environmental Permitting (20%) and Broffell , s 7 4 - - -'''S� i`�p �° rs. t's��',W Q s - - - - -- - -- - -- - ra• •r r' , ' r ^ 9 r . a ~ c l .} ,, a yt a ' Y 1 ti ' v 5�.,. f •.a t 7'1 , s w rl tg7 N j g t - _ LS 1 Port City WSDOT Oversight/ Permitting (2 %) 15 5,880 LF L5 1 Construction Management (15 %) 1 p O SUBTOTAL( - 500 $4,500,000 _ LS 1 Right of way Acquisition - 4e0 � O AUGNh WI+ � 490 470 490 T� 20 40 90 eo too tz6 Phawt ) Phan3 - - PIOfiI@ - - -- - - - - eao� r- 620' - Rawd,b at ON 0 Un Rd - - 490 480` - - - - - - - -- - - -- - - - - - - - ya — 470 41 — 490 430' 400' ZO 40 60 so 100 121 - _ - _._._ _ - - _ - _ _ . __ _ _ 0400 P" lam 10409 Z04W TOMO 70499 804P0 40408 40+00 00400 00'00 ar flnaaaa4la EMvaaea4 or © - - .,....... r . r-.r r .,.� � � �C r - { _ ,.... _ .- I __., � '" l `'u � IZ tyre �\wl S.,t �'^ .,'�'f 1kcti.•,tiy� O ► w r " ',,.•r i' N, LS 1 Mobilization (10 %) A I i� tr. ` '�= •tCy ^y�ti2 c� r: r Act, 10 - �clearing and Gwbbing ^_k �' � s } �"° v �' ♦ on " ° "' °� '� "2•' z' �^ `�� r, " `;i LS 1 Temporary Erosion & Sediment ",r.� !_ _ ^v_.....� - .. 1, �_ ., A si ° war ;; Y'M1 , 9 �,�/ + : S � • .t� � �� t.w ', _ _ _ _ - v r 1 '`. { FF,,�.^ " }} }�S � ♦ - '"" ` CY 13,000 Roadway Excavation/Embankm } ♦ r 1 , r l r ',v i (fit -',,. �` S. ��}tx � 43i , ... ,^. � _ I — o�i f � > j..p .'. ` r { ' d �i•l ��t`� ir,"Ti,o? '.%'•� +rV ' � - - __ - - - •, r y .i� ,,� /.,�„ t 1 t^ { r t `>< Y /L ] - 3+.4 �'r°i:r,�'`'r�•'3.. LF 5145 Roadway Section �;4 ♦ti �? T l ��� r '�f t/♦ � 1 Rounda ut, Il P�,+ v �V/ �'A °�� �✓ r /.1 1 ;; . , 1 "L ! ' �- �'' _�`, �� `;'� ` �;' =C4 .,� �„ + ° T.,`'•� • 'T� • �.'�.� `aa7 fc�lt�y LF � 5,143 I Pervious Concrete Shoulders ar f' b .tr �__ r _ _ :� 20fOD ��f„ +-F� �i� `u pt�` 7f , r, " �' y / 4 LF 5145 Pervious Asphalt Trail and Stom -° ;f'``: , �, r , i. • { . •r { ',fit v { r a te a G•� f l tr, �� r� / I S 1 Mlscelknevu�Strnmwater Sera __..--"-----____-_ 'Alignment ZB ,_�� J�'--__ ^ - "^` - .�. .� - } a..n. Y i a.�`. t: ha` k" q� 4.L, ""'Y, 7 F • +� ' �� R•/ r , i.N �• .•/ p ^ ", s ` • k „r t, yt to.e4` „}. y, LS 1 Roundabout including lllumina N ____ ___ ___- __:_..__---- _.,__.. ..__�, �` r . l� »,. ! 'S,. 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" . `p k;.i `a ay^ -- •'tip t„�,,�,,,y., LF 650 Old Clifton Road Extension Ind -�' r` -- -- 3-^ - � K~ k +� `� y N `� ^� ks `tom SxJ� ��4 °•?'�t�y�ti,rw+.t' C -- ��� �± y `ra• v JyW' �:2' �ti 1 - 'a`+ -- LS 1 I Slgnage and Channencatlon 24 t ` P �..; t &t r �i • �('[L i tt`� Y� _. r rA�' ` ' • �j?rII' '� 't '7� LS 1 Landscape and Restoration (2% { -! , f ' ' �,%±!C .�7 �'l �e.'�et�'y�r �V ',sr'••ilK� ri• ^�`v°� #. s}+. i k ' ; P ` „r6,�t'r r . ' r �:r°Y''k'e'� � � ; C!ri�'° '✓ �ok+,,,j' ,��q � � '�k .1.7�Y'c � �' tT . ' V f b >~t -ti9 LS 1 f;rnlronmentpl Mitigation rE, + ► / " 4 s / / `� ♦ +a A e"� As / r 6 ` ✓ �yr ,y � , " , ' ; '' p �"+^ I y,�►;,s"; k LF 5145 Existing Utility Conflicts y�, d � y + , • �: r / , f .'�t� +- a-�,F•��+Y1 1 t� * ".• •�.�,� ,4x k'7"ip .V kt:�" �%' , F, " .y.,7A .r f �`3 b�,l f I �, rW ?v'C.� "'" t - - - -- - i fj * <�� , f • y ' 1 ' 1 tae lip LS i contingen EX�t Syr �! ,d� • rv � .a .r^vri� ` yalland f• (15 %) y y ° 1' _ _ — r �-r,a4 f� f} /� ff"""E4ffi „ 1 ��,, ' GR`/ t• i:' � etland Bluffer • ;' l , - - - - � °r 9 �/ a • j �a'! ' "�• 1 ti 1 � •Kj �R, 4 , - - - — - - - - 4 - k b� , 'i, ` 'a: =� , , 1 '- ,� .d a r.�?9 + r , i•r �, ��. 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'" e l �9+r�,>•���,(' as { of os as +�waOW -4.4 o 0 n f 7{ .\ / \ r, • OOD'Of if OOa'Ofls ODYOf If OOD.'s �wu<s �l�wrurwe _ _ _ S l+� / 1 "� C•3'�.K YF v ��xs1>�'„Y�1� a�Ye ObS'bflS d 66D'pbf 1 6bSYYZ4 6b07.CS ruwWfl..a.usc w.umws I +Yc'WC _ 1 _ l_ n l�� ' r .`; / ; • \ �� Yx f' M�� a fe aaresls sss �aaoTSes �sss u+swiNU�oxv..oauavdrsnew+a as. oe <s n ' w, y � i^-`. ,._ e " � f"�r �44�'`i. y� �' 7 wa0sss half taa'.css Ss[s WN+usR eFO'v 0af0 I n / 1s '�"r? fk~t�' • ^ •i 1 „! -_ tF$'�i..'� �•' 1 ' ' ' {� "'+ • � J, _- _ -- _ _— _ _ '_ __ - - - -- ` -- / i++' '%} ;' Z,' �, q�.w✓, c i 4 i r'-� -;+ +a '... tu.�'T{,.,tis�t /,. X ooRAO.s o0s amAFSS sAS , al»s k•s..s ar. oses n `'^. ''� d•. s ,.� � s:,'�'.�,. Obbaq ts1 bbb 11f 1 I++.T+v +L+�SawFi�+nCW� sa5L1 ww u �r i ..Arf L, 'C y wp ,err t Yh �} - i-- J - - -- -- � --- -� -- �'.n \ 1' �� ,,,�'"�° � a �'x'�t!+. v ' -�- r J j. '�S� 7 +� 1 " d;4 . j ( } � .✓ { y�E' • y .. 000'fsf WR[ff LW'F6f Wa'Fbf RKI V4�JUiawWfY�.Rd3 1 1 S7 ''' A} '\ 1 - y.� l _ � '.'\ 1 • t l • 1 ! ' , a \r L��` �'tt� -A � 4 1 {V . � p " , n ' s � l� zJ.E a sr"^„F E'' " ✓� w; , M �}±F�'c °` -f ' m0vse f 0zuc0 amzsc 000.1 J - - wu,- u0awew0.0 rz a l .w d:'.. R J r oa0trls aooTels ooOroFFS ownles rwllwuemawr 1 1 n /�y�.` � it Iw , 4'6' y!�F °� ,le.aK �`7 �y� 1 �' � S' I.C'1'.`' \ , c VtT �. � '� C�t 1 Fji V a�PO UM C$!_') CMU ' U-M 4 ` tII4i1 �t �1 t ' •C ' li Y 'f7 / ft{f _ tl, i5 um RM ow ton :)£ bl8awU1541V APPENDIX B Alternatives Analysis Matrix Alternatives Analysis Matrix LAND USE MIGN CRITERLA uWROWENT RUNDINB RorMmy Norbordal/ IManaRMn httanraetbn Wotbnds /Fbh4 Right- ofway(RGW) tlevebpabte land Dawlopmom fbmecthHy Protection V41"kal Sw Il once emerMrY LARRY COnflktt Wooft Earthwork ibsta ConNroatbn 011,101,11 TOTAL 2oMMM Alignment 3 2 3 3 2 3 3 2 2 3 26 3 3 3 3 2 2 2 2 3 3 26 2 2 3 9 2 2 9 2 21 3 2 3 2 2 2 2 3 2 3 24 3 2 3 2 3 3 W 3 3 3 2 3 9 - 7 - 3 7 1 3 2 2 27 ® 3 2 3 2 3 3 3 3 3 3 2t 3 S•aara parcebm taam buildabklandfor DmnotanneachonR� 3 Low lry u 3 Donated ROW development and roedwayf 3 Devolop lik 5-aera pareNS amain buttallarlglrlg Rwrwaw, WaNanda/ Sumo donated toms Lord 2 lond/roadway constnrtlon minimum Vidal Iralectioe EOM 2 Not an option for Mb criterion FMA 2 Moderate Impacts RMCaab 2 purdbd bmw fbroa^Irrt imp" (Rpl►Do" We" Les, tan 5-acre paralsrcmam or critical M. Fncraaden rn Orafm NIsh impacts Pr Ho donation ROW mart ba tiro hrmacad uKhaprd ovides goo ws d meo to SKIA land% mild provide Wmy artMOr portion for pertlon to~ within 10% of 3 prom n roadwa vidor a good a ion a 3 Eadh niteb City and WSDOT UO Kmderde 3 Mlnlmat eaRhwork regwrod 3 rewind eharrrativa acrd amntttl0na to other Isar Explanation of ratings for Promos moderate connectlon to SKIA land "Wilamal/ Moderate odlintmenib mquHed to meat madweY Mode"" aerrhwerk Construction 2 11 20%mee, than each DawlopmOnt 2 could Provide utARy amfdor far a portion rood Verbal 2 rtamfaNa 2 required Cab lowest aftama0w criterion Cornwo." connections within 514A are Pm1bte ARplment W A Meer critical carom lmoacb W lubi rk e>t<o MU111 IUO -- Cnal" t~-,k agwfed m more hww tan m woln required to meat roadway standards wart am a attadva De dttRah 3 Math Standards without hnprevemsth n 2 Mina stiordairdrwtth Ngroxmmnb gMM Obteea Dm not mat standards ;;OunbbvA mmect Ion / roundabout allows Mafblllfy, lustre faun M Ithraet am be Oaommodated l0rr WAN"C Mdm famway roun lntomecdam /dabout N perdu Colombo" wIM medllkatloro Dees not eeeemmwaft future foui lntoraccum 3 No utolly known wn Umtvcm bb 2 Petenibf utft anRkb win Cewde eddttlonki earthwarkm be needed eunfifeb with atrlrting uNttbs Paramevix FINAL APPENDIX C Developable Land Impacts Developable Land Impacts ISDAC MAIL — z, I . • y e I .+ hridl�nwlan 1 _ f I _� 8 I \ tWI — wanuno welbnd wRal o�Men n� I f ,mod _ Parametrlx FINAL AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Contract award for construction Study Session Date August 8, 2012 of the 11 Street and Warren Avenue COUNCIL MEETING Date August 15, 2012 Intersection Improvements Project Department PW & U Presenter Gunnar Fndnksson Phone 473 -2354 SUMMARY: The City received funding from the Puget Sound Regional Council (PSRC) to make intersection improvements at the 11"' Street and Warren Avenue (SR 303) intersection The project additionally includes installation of a signal at 13 Street and WarreilAvenue paid for by Olympic College The City advertised the project on July 17"' nil ec ived : bids on August 7"' The app ren low, re ponsive, responsible bidder was CAS for $ � f1 . ATTACHMENTS: 1) Council Summary, 2) Agreement Template, 3) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount) The project is a mixture of grant funding, City match, and contribution from Olympic College The 2012 budget for 11 Street is $1,178,000, and is grant funded at 86 5% The work associated with the 13 Street Signal will be paid by Olympic College (including any over - runs), and will be included in an end of year budget adjustment APPROVALS: DEPARTMENT DIRECTOR / CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the bid for construction of the 11 Street and Warren Avenue Intersection Improvements Project and authorize the Mayor fin laze and execute the agreement with G`�S , in the amount of $ / 0 . , with substantially the same terms and conditions as presented STUDY SESSION ACTION: XConsent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 CITY OF BREMERTON BID TABULATION BID TITLE 11 & Warren Inters Improvements OPENED BY Gunnar Fndrikkson DATE OPENED August 7, 2012 TIME OPENED 11 00am RECORDED BY Shannon Conn NAME OF BIDDER BOND SCHEDULE A ALTERNATIVE 1 SCHEDULE B TOTAL r ,q1A? ,4 9 dwAl� \P / I V Bv. gl z's ;4: -.,+ LJt ^' :3' .., t n r ". is ^'^'* r , E �... vr't, o.. �.✓a., , rt C ���'i v w q 4 rot `� 4 f� t,sc., m b" <. r r - J '^� r x .�'i xi` �i ���-• e s .�"` r i vK".= �. 4 r� �n �'.� � MARY.�' ; `r -r1 i✓' s(+r..`. ��� " rt � °�F" 6.,, �} r�`x �' Ya i'U'." a�4o. r 4 UIYI l' +.- AP;QARENT LO Bl SECOND LOW BIDDE TH LOW BIDDER M P? 1 1,11h(r - �eri COUNCIL SUMMARY 11th Street and Warren Avenue Intersection Improvements Project Summary The intersection of 11 Street and Warren Avenue is one of the busiest intersections in the City, and has the highest accident record A deficiency in the geometry results in the backup of southbound traffic, given the insufficient turn pockets available for motorists turning east and west onto 1 I th After several years of trying, the City received an initial grant of $150,000 in 2008 to begin design of the project. The City received full funding for the project in 2010 The project scope included purchase of four adjacent properties, extending the left and right hand southbound turn lanes, installing low impact development (LID) features such as pervious paving and an infiltration gallery, new signal system and overlaying the intersection Due to staffing resources and conflicting priorities, design of the project was postponed with the City's receipt of ARRA funding and the Gorst project However, this delay allowed the project to be merged and expanded when Olympic College became responsible for installation of a new signal at 13 due to their vacation request of Broadway Avenue between 13 and 16 Streets In discussions with the College, as the signal will be turned over to the City, it was decided that an economy of scale may be realized by inclusion of the work in with the 11 and Warren project and would allow direct City oversight on the construction Staff have configured the proposal section of the bid documents to identify the signal at 13 in a separate bid schedule to clearly separate the cost of that work from the City's work at 11 and Warren. The City advertised the combined project on July 17 with bid opening on August 7 th A total of 3 bids were received with K V 4 As Soc.i oAr,5 being the apparent low, responsive, responsible bidder with a base bid of X73, 8,g 4. S a Fiscal Summary The 2012 budget for this project is $1,178,000, and does not include expenditure or revenue for the signal work at 13 and Warren Avenue A construction agreement was executed with Olympic College on 4/12/2012 committing to reimburse the complete cost of the signal, including any cost over -runs Since the total projected cost exceeds the existing budget, an end of year budget adjustment will be necessary to incorporate the cost and revenue from Olympic College. The signal at 11 and Warren is grant funded from the Puget Sound Regional Council (PSRC) at 86 5% 11 th Street and Warren Avenue Intersection Improvements Council Summary Local Agency Contract THIS AGREEMENT, made and entered into this day of , between the, and the _ under and by virtue of Title 47 RCW, 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. in accordance with and as described in the attached plans and specifications, and the standard specifications of the 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 1I hereby promises and agrees with the Contractor to employ, and does employ the Contractor 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 SR DOT 07120212 -D06A EF III. The Contractor for himself/herself, and for his/her heirs, executors, administrators, successors, and assigns, does hereby agree to full performance of all convenants required of the Contractor in the contract IV. It is further provided that no liability shall attach to the State by reason of entering into this contract, except as provided herein IN WITNESS WHEREOF, the Contractor has executed this instrument, on the day and year first below written and has caused this instrument to be executed by and in the name of the day and year first above written Executed by the Contractor , Local Agency Title By Date- SR DOT Form 272 -006A EF 07!2011 AGENDA BILL CITY OF BREMERTON i CITY COUNCIL SUBJECT: Lease Agreement between the Study Session Date 08 -08 -12 City of Bremerton and Connection Credit COUNCIL MEETING Date 08 -15 -12 Union Department Fire Presenter Al Duke, Fire Chief Phone 473 -5380 SUMMARY: Connection Credit Union has been established its presence in downtown Bremerton at Fire Station #1 The original Credit Union lease was established for one year, and that time frame is expiring This Lease Agreement is the same terms and conditions except for a 2 9% increase in the rate and a 2 year term agreement ATTACHMENTS: Lease Agreement between the City of Bremerton and Connectiom Credit Union FISCAL IMPACTS (Include Budgeted Amount) Would generate $4320 dollars of revenue in 2012 plus Lease Hold Excise Tax APPROVALS - DEPARTMENT DIRECTOR CITY ATTORNEY - FINANCE DIRECTOR MAYOR: RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the lease agreement with Connection Credit Union with substantially the same terms and conditions as presented STUDY SESSION ACTION: Consent Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve � pp El Deny ❑Table ❑Continue ❑ No Action Form Updated 4/18/2011 LEASE This Lease is entered into this day of , 2012, between THE CITY OF BREMERTON, a municipal corporation, (hereinafter referred to as "Lessor "), and CONNECTION CREDIT UNION, INC., a not for profit corporation, (hereinafter referred to as "Lessee ") WHEREAS, Lessor and Lessee desires to enter into a lease Agreement on September 1, 2011 ( "Lease Agreement ") for certain real property, building and improvements identified herein, and NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, present this Lease Agreement as follows 1. PREMISES. Lessor does, by these presence, owns a building and appurtenances ( "Improvements ") situated upon real property commonly known as the Bremerton Fire Station #1 located at 911 Park Avenue, Bremerton, Washington and more particularly set forth in Exhibit A attached hereto and incorporated by reference (hereinafter collectively the "Premises ") The existing building consists of approximately 12,500 square feet of floor area The proposed use to the existing building will consist of approximately 72 square feet of floor area In addition, Lessee may schedule access to and use of common areas of the property such as kitchen area, conference room and training room identified on Exhibit "A " 2. TERM. This Lease shall commence on the date fully executed ( "Commencement Date ") but no sooner than September 1, 2012 and shall end on August 31, 2014, unless otherwise extended or terminated Lessee may terminate this lease at any time with sixty (60) days prior written notice 3. CONSIDERATION. (a) Rent. In addition to other consideration of this Lease, Lessee agrees to pay Lessor, without notice or demand, the sum of three hundred and sixty dollars (360 00) per month ( "Rent ") which is inclusive of utility costs, in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof Effective September 1, 2013, the lease will be increased based upon 100% of the Seattle /Tacoma/Bremerton CPI -W In addition Lessee is responsible for paying Lease Hold Excise Tax (b) Overdue Rent. Unpaid installments of the Monthly Rent or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty and No /100 Dollars ($50.00) to cover the excess costs of administration and shall bear interest from the date due of 1 Connection Credit Union 12 percent (12 %) until all rent and interest has been paid in full Lessee hereby further agrees to pay any attorneys' fees and expenses incurred by Lessor by reason of Lessee's failure to pay Monthly Rent or other charges when due hereunder (c) Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of Lessor, such occupancy shall be a tenancy from month -to -month at a rental in the amount of 120% of the last Monthly Rent, plus all other charges and Additional Rent payable hereunder, and upon all the terms hereof applicable to a month -to -month tenancy 4. USE OF PREMISES. Lessee's use and occupancy of the Premises shall be for an office or for banking purposes, as well as use of the Premises needed to conduct the Lessee's corporate activities No other use shall be allowed without the express written consent of the Lessor Lessee shall have access to the parking lot of the property for it's employees and members usage as indentified in Exhibit "A " Lessee shall not use said Premises or any part thereof for any illegal purpose Lessee agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said Premises Lessee shall maintain the Premises in substantial conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations governing maintenance or operation of such Premises Lessee shall, at its sole cost, promptly comply with all such laws and governmental rules Lessee shall not commit or allow to be committed any hazardous waste in or upon the Premises At the expiration of the agreement Lessee shall (a) remove all trade fixtures and personal property from the Premises, (b) remove all fixtures, additions, alterations, modifications or other improvements installed in or made to the Premises after commencement of the Term by, through, at the request of or on behalf of Lessee and restore the Premises as they existed immediately prior to the making of improvements so removed, provided that Lessee shall not be required to so remove any improvements for which Lessor agreed in writing prior to the time said improvements were installed, that they would not need to be removed at the end of the Term, and (c) surrender the Premises to Lessor in as good condition and state of repair as Lessor is required to keep and maintain them pursuant to the Lease, reasonable wear and tear expected If Lessee fails to remove any Improvements or restore the Premises as directed by Lessor pursuant to (b) of this Paragraph 3 3, within fifteen (15) days after receipt of written notice from Lessor, Lessor may, at Lessee sole risk and expense, perform such removal or restoration (by contract or otherwise) by the most expeditious means available to Lessor Lessee shall reimburse Lessor for costs and expenses incurred by Lessor to accomplish such removal and restoration Further, if Lessee fails to remove all personal property from the premises upon the expiration of the term, Lessor by remove and store such property in any place selected by Lessor at the sole risk and expense of the Lessee 2 Connection Credit Union ACKNOWLEDGEMENT OF LESSEE REGARDING USE OF PREMISES: Lessee agrees and understands that the premises subject to this lease is a public facility used for emergency response purposes As such, the Lessee acknowledges that any and all disturbances, including noise, smell, etc created or as a consequence of the City of Bremerton Fire Department's use of the premises will not affect the Lessee's quiet enjoyment of the premises 5. UTILITIES. Lessor agrees to provide and pay all charges for heat, electricity, gas, water, sewer and for all other utilities which shall be used in the Premises during the full term of this Lease, provided, however, that Lessor shall not be responsible for failure of provision of these services if due to causes beyond its control and provided, further, that Lessor shall pay for any such charges as Lessor, in its reasonable discretion, may determine are the consequence of special equipment employed by or special requirements of Lessor 6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Lessor, and all improvements, alterations, or changes so made With respect to such alterations, improvements or changes to the Premises requested by Lessee, Lessor consent shall not be unreasonably withheld In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements 7. MAINTENANCE AND REPAIRS. (a) Lessee's Obligations. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and repair (except as hereinafter provided with respect to Lessor obligations set forth in paragraph 7 2 below) Lessee shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Lessor in good condition, clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Lessee has no control, or such damage as may be due to the failure of Lessor to comply with any covenant herein contained to be performed by Lessor Damage caused by Lessee's use of the Premises shall be repaired at the sole cost and expense of Lessee (b) Lessor Obligations. Lessor shall, at Lessor's expense, repair and maintain the structural portions of the Building, including the roof, foundation, bearing and exterior beams and supports, flooring and subfloonng, plumbing, pipes, electrical wiring and conduits within and serving the premises There shall be no abatement of Rent and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any 3 Connection Credit Union repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Lessor shall have taken every reasonable measure to avoid any such injury and interference 8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens ansmg out of any work performed, materials fi=shed, or obligations incurred by Lessee 9. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor harmless from all loss damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building, but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect of any Lessee or occupant of the building, or of any other person, or by any other cause, unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests, invitees or visitors 10. LIABILITY INSURANCE; 11. (a) Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars ($1,000,000 00) per occurrence for bodily injury and property damage Lessee shall funush Lessor with a certificate of such policy within thirty (30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor The policy shall further provide that it shall not be canceled or altered without twenty (20) days prior written notice to Lessor 12. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises, Building or common areas to good order and condition Lessee shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's Lessee Improvements, equipment, furniture, fixtures, and other personal property located in the Premises 4 Connection Credit Union 13. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer, mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurLessee thereto or allow any person (the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof, without the prior written consent of Lessor, which consent by Lessor shall not be unreasonably withheld Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms of this Lease If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease Lessor may assign the Rent herein provided to any person, partnership, corporation, or bank, and Lessee agrees when notified in writing by the assignee of such assignment to make the Rent payments to assignee under the terms of said assignment 14. LESSEE'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee (a) Abandonment. Lessee vacates or abandons the Premises, (b) Failure to Pay Rent. Lessee fails to make any payment of Rent or any other payment required to be made by Lessee hereunder, as and when due, (c) Failure to Observe Other Covenants. Lessee fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty (30) days after written notice thereof by Lessor to Lessee, provided, however, that if the nature of Lessee's default is such that more than thirty (30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion, (d) Misrepresentation. Lessee makes or has made or furnishes or has furnished any warranty, representation or statement to Lessor in connection with this Lease, or any other agreement to which Lessee and Lessor are parties, which is or was false or misleading in any material respect when made or fi=shed, or (e) Insolvency. Lessee shall become insolvent or go into bankruptcy 5 Connection Credit Union 15. REMEDIES ON DEFAULT. (a) Termination and Entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice or demand in the exercise of a right or remedy which Lessor may have be reason of such default or breach, terminate this Lease by written notice to Lessee, revoke Lessee's right to any free Rent, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law Lessee agrees to pay Lessor the cost of recovering possession of the Premises, the expense of relettmg, and any other costs or damages ansmg out of Lessee's default including, without limitation, the costs of removing persons and property from the Premises, the costs of repairing or altering the Premises for relettmg, brokers' commissions, and legal expenses and fees Notwithstanding any termination, reentry, or relettmg, the liability of Lessee for the Rent and Additional Rent for the balance of the term of this Lease shall not be extinguished and Lessee shall pay and Lessor may recover from Lessee at the time of termination, reentry, or relettmg, the excess, if any, of the amount of the Rent reserved in this Lease for the balance of the term hereof over the then reasonable rental value of the Premises for the same period Reasonable rental value shall mean the amount of rental which Lessor does or could reasonably be expected to obtain as rent for the remaining balance of the Lease tern In the event that Lessor relets the Premises or any part thereof without first terminating Lessee's right to possession pursuant to this Lease, Lessor reserves the right, at any time thereafter, to elect to terminate Lessee's right to possession to that portion of the Premises for the default that originally resulted in the relettmg (b) Removal of Personal Property. In the event of a retaking of possession of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible entry (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington 16. LESSOR'S DEFAULT. Lessor fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessor, where such failure 6 Connection Credit Union shall continue for a period of thirty (30) days after written notice thereof by Lessee to Lessor, provided, however, that if the nature of Lessor's default is such that more than thirty (30) days are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said thirty (30) days and thereafter, diligently prosecutes such cure to completion In the event Lessor fails to cure such default, Lessee may, at any time thereafter, terminate this Lease by written notice to Lessor Lessee may also seek any other remedy provided by law 17. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store, deposit, transport, or dispose of (collectively "Release ") any hazardous substances, sewage, petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease - producing substances, hazardous materials, toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ( "Hazardous Substances ") in, on or about the Premises Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in, on or about the Premises occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees The provisions of this paragraph shall survive termination or expiration of this Lease 18. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions (a) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party The subsequent acceptance of Rent hereunder by Lessor shall not be deemed to be a waiver of any preceding default by Lessee of any term, covenant, or condition of this Lease other than the failure of Lessee to pay the particular rental so accepted, regardless of Lessor's knowledge of such preceding default at the time of the acceptance of such Rent (b) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor (c) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof 7 Connection Credit Union I (d) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto (e) Recordation. Neither Lessor nor Lessee shall record this Lease, but a short form memorandum hereof may be recorded at the request of Lessor (f) Quiet Possession. Upon Lessee paying the Rent reserved hereunder and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Lease The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements, restrictions, rights -of -way, and any matters of record, applicable zoning and building laws, and such matters as may be disclosed by inspection or survey (g) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest This Lease shall not be effective or binding upon any party until fully executed by both parties hereto (h) Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party (i) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect (j) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity (k) Choice of Law. This Lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton In the case of a dispute between the parties, venue over such dispute shall be with the Superior Court of Krtsap County, Washington (1) Execution. This Lease may be executed in several counterparts, each of 8 Connection Credit Union which shall be deemed an original instrument (m) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail, return receipt requested, sent by facsimile, with original delivered within three (3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth To Lessor Fire Chief City of Bremerton 911 Park Avenue Bremerton, WA 98337 To Lessee Connection Credit Union P O Box 3990 Silverdale, WA 98383 It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided (n) Lessee's Corporate Authority. Lessee is a Washington corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that tlus Lease is binding upon said corporation in accordance with its terms Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington IN WITNESS WHEREOF, the parties hereto have executed this Lease the day and year first above written LESSOR LESSEE CITY OF BREMERTON CONNECTION CREDIT UNION By Patty Lent By Its Mayor Its 9 Connection Credit Union STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he /she signed this instrument, on oath stated that he /she was authorized to execute the instrument, and acknowledged it as the of Community Theatre, Inc to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument DATED NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R U.egal\Forms\Real Estate\Buildmg\Rent doc 10 Connection Credit Union EXHIBIT "A" Z -- Nm xnnm JL F © sTOmm ~' O AM"LA SBAY U WAVE MCM EXIT LOBBY LEGEND c EST' Sole Credit Union Use Joint Scheduled Use w O 1 O� M AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7 d rdi,v�cWic� 5 (q :�- SUBJECT: Public Hearing and passage of Study Session Date August 8, 2012 an Ordinance granting a six (6) month COUNCIL MEETING Date August 15, 2012 extension on the existing moratorium Department DCD (Ordinance No 5159 and No 5178) for Presenter Allison Daniels Medical Marihuana Collective Gardens Phone 360 473 5289 SUMMARY: The action before City Council is to conduct a public hearing and enact a six month extension to the existing moratorium for all applications and permits for medical marihuana collective gardens The current moratorium is set to expire on August 31, 2012 The City Council first enacted a moratorium on this issue on September 1, 2011 (Ordinance No 5159) and passed an extension on February 1, 2012 (Ordinance No 5178) The City Council enacted the moratorium because the Bremerton Municipal Code (BMC) does not adequately address the placement of medical marihuana collective gardens and the impacts to the community that these uses may present Staff is requesting that the City Council pass this six month extension to allow adequate time to research other jurisdiction's code amendments and related court cases Staff will utilize this information to develop a set of recommendations for the Planning Commission and City Council to contemplate as we consider changes to the BMC that address medical marijuana issues ATTACHMENTS: A Proposed Ordinance O o. 5 9 2 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR -- ---� -- CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve Ordiance No 5 1 Q ;L imposing a six (6) month extension to the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens. STUDY SESSION ACTION: ❑ Consent Agenda ❑ Gen al Business Public Hearing COUNCIL PRESIDENT ;r % %/ �, - L/ COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 ORDINANCE NO. 51U, A ORDINANCE of the City Council of the City of Bremerton, Washington, extending the moratorium on the acceptance of applications for any building, land use, or development permit or approval for Medical Marihuana Collective Gardens WHEREAS, the City of Bremerton adopted a 20 -year comprehensive growth management plan in December 2004 in accordance with the goals and requirements of RCW 36.70A (the Growth Management Act, or GMA); and WHEREAS, the City Council adopted Ordinance No. 4950 on November 30, 2005 establishing a new Zoning Code, and WHEREAS, the City Council adopted Ordinance No 5159 which determined that the City's Zoning Code does not adequately address the impacts of the placement and uses of Medical Manjuana Collective Gardens and therefore established a six (6) month moratorium on the placement and uses of Medical Manjuana Collective Gardens within the City, and WHEREAS, The moratorium established by Ordinance No 5159 became effective September 1, 2011 and expired on February 29, 2012, and WHEREAS, The moratorium extension was established by Ordinance No 5178 and expires on August 31, 2012, and WHEREAS, RCW 35 63 200 and RCW 36.70A 390 authorize cities to adopt moratoriums for a period not longer than six (6) months however the cities may renew for one or more six -month periods if a public hearing is held and finding of fact are made prior to each renewal; and WHEREAS, the citizens of Bremerton would be well - served if the City more fully addressed and understood the potential impacts in the form of health, safety, economics, hazards to traffic, and aesthetics relating to Collective Gardens may impose upon neighboring properties and the community as a whole, and WHEREAS, the City needs additional time to research its options and to review existing information on the effects of these facilities and to review the Bremerton Municipal Code comprehensively to determine what code revisions are necessary to address the impacts of such a uses and therefore has determined that an extension of the moratorium is necessary to complete this review, and WHEREAS, the purpose of this proposed moratorium extension is to provide additional time in which the City Council may study its existing code, ordinances, and the impacts of such uses, determine what, if any, reasonable regulation is necessary to mitigate the impacts; and prepare for placement of Medical Manjuana Collective Gardens; and 1 Collective Gardens Moratorium Extension WHEREAS, the public was notified by legal advertisement in the Krtsap Sun of the opportunity to make comment and participate in the public hearing by the City Council, and WHEREAS, a public hearing was held during its regular Council meeting on August 15, 2012 to hear public input on this proposed ordinance, and WHEREAS, the City Council finds that the protection of the health, safety, and welfare supports extending the moratorium on the acceptance of all applications for any building, land use, or development permit or approval under the Bremerton Municipal Code for Collective Gardens within the City of Bremerton until additional review has been completed and any necessary code revisions have been adopted by the Bremerton City Council; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN as follows- SECTION]. Recitals Incorporated The recitals set forth in this ordinance are hereby incorporated as if fully set forth herein. SECTION 2. Moratorium Due to the findings set forth herein and as authorized pursuant and subject to RCW 35 63 200 and RCW 36 70A 390, the Bremerton City Council does hereby declare an extension of the existing moratorium on the acceptance of applications for any building, land use, or development permit or approval (including, but not limited to variance, rezones and business licenses), or any other permit or approval required to occupy, site and/or develop any Medical Marihuana Collective Gardens and other related services within the City of Bremerton During said moratorium, no such building, land use, or development permit or approval shall be issued nor shall any such permit application be accepted for any such use within the City of Bremerton SECTION 3. Pending Applications Substantially completed applications for any building, land use, or development permit or approval (including variances and rezones), or any other permit or approval required to site and/or develop any Medical Marihuana Collective Gardens, filed and accepted by the City prior to the effective date of this moratorium, shall not be affected by this moratorium SECTION 4. Duration The moratorium established by Ordinance No. 5159 and Ordinance No 5178 herein shall be extended for a period of six months and shall expire on February 28, 2013 unless otherwise extended pursuant to RCW 35.63.200 and RCW 36 70A 390 SECTION S. Severab&U If any one or more sections, subsections, or sentence 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; and SECTION 6. 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. 2 Collective Gardens Moratorium Extension PASSED by the City Council of the City of Bremerton, Washington this day of , 2012. JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor APPROVED AS TO FORM. ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the day of 9 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal\Legal \Ordinances \Community Development\Moratormm - Medical Marijuana Collective Gardens Extenstion2- Final doc 3 Collective Gardens Moratorium Extension AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Resolution No 3t77 relating to Study Session Date August 8, 2012 the City of Bremerton's Commitment to COUNCIL MEETING Date August 15, 2012 provide sewer service within adjacent Urban Department PW &U Growth Areas (UGAs) Presenter Ned Lever Phone 473 -2398 SUMMARY: The proposed resolution identifies the City's ability and commitment to provide sewer service to the adjacent UGAs based on the revised population densities that are required by the Central Puget Sound Growth Management Hearings Board A Capital Facilities Plan (CFP) has been developed by City staff that addresses the sewer facilities required to provide service to the Gorst, West Bremerton, and East Bremerton UGAs by 2025 ATTACHMENTS: Council Summary, and Resolution No 3177 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEYr- ®- FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to pass Resolution No 3 -L7Z relating to the City of Bremerton's Commitment to provide Sewer Service to adjacent Urban Growth Areas STUDY SESSION ACTION: ❑ Consent Agenda Gener I Business E] Public Hearing COUNCIL PRESIDENT ,� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY Resolution to Provide Sewer Service to Adjacent Urban Growth Areas Background The Kitsap County Comprehensive Plan has been appealed as it relates to the established Urban Growth Area (UGA) boundaries and the population densities used to establish the UGAs Revised densities were provided to the City for review with three options for developed area and density City Staff analyzed the areas and provided a list of component capital projects based on the specifics of each option The County ultimately settled on one option and has prepared a Capital Facilities Plan (CFP) which incorporates the specific projects identified by City staff As part of the comprehensive planning process the County has requested that the City adopt a resolution which establishes both the commitment and ability to provide sewer service to the adjacent UGAs Fiscal Summary This resolution does not affect how sewer extensions to the City's system will be funded There are no budget issues associated with this resolution Sewer Service to Adjacent Urban Growth Areas Council Summary August 2012 RESOLUTION NO. 31 A RESOLUTION of the City Council of the City of Bremerton, Washington, relating to the provision of sewer service within the East Bremerton, West Bremerton, South Krtsap Industrial Area and Gorst Urban Growth Areas WHEREAS, in 2006, Krtsap County adopted a 10 -Year update to its comprehensive land use plan This update up zoned and expanded many of the Urban Growth Areas (UGAs), including the associated East Bremerton, West Bremerton and Gorst UGAs, and WHEREAS, since 2007, this plan has been under appeal on several issues including wastewater planning, appropriate urban densities, as well as UGA land capacity methodology; and WHEREAS, in 2008, the City has annexed the majority of the South Krtsap Industrial Area UGA, and WHEREAS, in August 2011, the Central Puget Sound Growth Management Hearings Board remanded the 2006 plan to the County to resolve the sizing and composition of certain UGAs, and WHEREAS, in response the County conducted supplemental environmental review of land use alternatives that included full capital facilities analysis of wastewater needs for the UGAs This information can be found in the County's Draft and Final 2012 Capital Facilities Plan and associated environmental analysis, and WHEREAS, as part of the capital facility plan requirements, Krtsap County is seeking assurances from relevant service providers that sanitary sewer service will be adequate and available within the 20 -year planning period, and WHEREAS, the City of Bremerton is the sanitary sewer service provider for the South Krtsap Industrial Area, East Bremerton, portions of West Bremerton and Gorst UGAs, and thus can provide such assurances NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION]. The City of Bremerton currently provides sanitary sewer service within unincorporated portions of the West Bremerton and Gorst UGAs SECTION 2. The City of Bremerton operates two wastewater treatment facilities The Westside Wastewater Treatment Plant and the Eastside Treatment Facility The Westside Wastewater Treatment Plant has a peak wet weather capacity of 15 5 million gallons per day (MGD)and a peak secondary treatment hydraulic capacity of 32.5 MGD The Eastside Treatment Facility has a peak hydraulic capacity of 20 0 MGD Currently, the Bremerton 1 UGA's — Sewer Service i wastewater system has a current (2012) surplus of 17,717 equivalent residential units (ERUs), which translates into capacity for 40,751 additional people, which is adequate to accommodate the 2025 growth population for the City, the East and West Bremerton, the South Krtsap Industrial Area and Gorst UGAs SECTION 3. The City of Bremerton has the capacity and will serve the UGAs upon the annexation of those areas to the City, or through Outside Utilities Agreements, either or both of which are anticipated to occur through the year 2025 SECTION 4. Pursuant to the Bremerton Municipal Code 15 03 040, the City may extend its sewer collection service to property lying within its associated unincorporated UGA that is not contiguous to City limits upon request and the execution of an Outside Utilities Agreement The party seeking the utility extension is responsible for paying the entire cost of the sewer connection, any applicable system extension fees, and construction of all capacity infrastructure improvements under the direction and approval of the City Costs associated with the utility extension may be partially recouped through latecomer reimbursement, if applicable SECTION 5. Since the City generally relies upon private funding such as developer extensions, local improvements districts or other mechanisms to finance the extension of sewer collection systems outside of the City boundaries, such extensions are not shown in the City's capital facilities plan, but rather, are added once a binding commitment is finalized SECTION 6. For the reasons set forth above, the City has both the capacity and/or the ability to serve the East Bremerton, West Bremerton, Gorst and the South Kitsap Industrial Area UGAs with public samtary sewer service SECTION 7. Severabilzty 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 8. 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 TegahLegahResolutionsTublic Works\Bremerton Sewer Assurance doc 2 UGA's — Sewer Service AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Ordinance No 5 (9D relating Study Session Date August 8, 2012 to the Fire Chief, Chief of Police and Civil COUNCIL MEETING Date August 15, 2012 Service Department City Attorney's Office and Human Resources Presenter Roger A Lubovich and Charlotte Belmore Phone 473 -2345 SUMMARY: The current provisions of the Bremerton Municipal Code classify the positions of Fire Chief and Chief of Police as Civil Service positions The proposed ordinance removes these positions from the City's Civil Service System ATTACHMENTS: Ordinance No 514a FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY M Ordinance No FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: MVtoove .5 qa removing the positions of Fire Chief and Chief of Police from the Civil Service System STUDY SESSION ACTION: ❑Consent Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 ORDINANCE NO. 5 O AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 230.020 "Employees included in Civil Service ", Section 2 16 020 entitled "Fire Chief — Position Created and Appointment" and Section 2 19 020 entitled "Chief of Police — Position Created and Appointment" of the Bremerton Municipal Code relating to Civil Service. WHEREAS, the current provisions of the Bremerton Municipal Code classify the positions of Fire Chief and Chief of Police as Civil Service positions, and WHEREAS, the City Council desires to exempt the positions of Fire Chief and Chief of Police from the City's Civil Service System as authorized pursuant to RCW 4108 050 and RCW 41 12 050, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Section 2 30 020 of the Bremerton Municipal Code entitled "Employees included in Civil Service" is hereby amended to read as follows 2.30.020 EMPLOYEES INCLUDED IN CIVIL SERVICE. (a) Excent as set forth in subsection (b) below All -all full time paid employees of the Police Department and the Fire Department are included in and covered by the City's Civil Service System. (b) With the exception of the incumbent Chief of Police and Fire Chief on the effective date of the ordinance creatiniz this subsection the positions of Chief of Police and Fire Chief shall be exempt from and shall not be classified positions under the City's Civil Service System (c) As authorized pursuant to Section 31 of the City Charter, all other employees of the City are exempt from the City's Civil Service System SECTION 2. Section 2 16 020 of the Bremerton Municipal Code entitled "Fire Chief — Position Created and Appointment" is hereby amended to read as follows 2.16.020 FIRE CHIEF - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Fire Chief The Chief of ;TSAW deiignee shali serve as Fire Mar-shall for the City With the exception of the incumbent Fire Chief ocgWymg the position on the effective date of the ordinance creating this exemption the position of Fire Chief shall be exempt from and shall not be a classified position under the City's Civil Service System *^ '�� � C-h^ —^ th _ _ _ _ _ The Fire Chief shall be appointed by the Mayor, 1 Civil Service — Fire Chief & Chief of Police subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department All appointees to the position of Fire Chief are terminable at will by the Ma opt for the incumbent Fire Chief who shall be subject to the City's Civil Service Rules and Regulations relating to demotion and termination Al appet tees to the p sitie , of Fire GlHer sha4l be SECTION 3. Section 2 19 020 of the Bremerton Municipal Code entitled "Chief of Police — Position Created and Appointment" is hereby amended to read as follows 2.19.020 CHIEF OF POLICE - POSITION CREATED AND APPOINTMENT. There is hereby created the position known as Chief of Police With the exception of the incumbent Chief of Police occupying the position on the effective date of the ordinance creating this exemption, the position of Chief of Police shall be exempt from, and shall not be a classified position under the City's Civil Service System P ufsuan4 to the C Gh er the s .t,,. e f Ch f P e l tee sh b su to the C e „l s e 6+e,., The Chief of Police shall be appointed by the Mayor, subject to confirmation by the City Council, on the basis of professional experience, education and demonstrated knowledge of accepted practices relating to the duties of the department All appointees to the position of Chief of Police are terminable at will by the Mayor except for the incumbent Chief of Police who shall be subject to the City's Civil Service Rules and Regulations relating to demotion and termination A-H and Z "v R SECTION 4. SeverabzhU 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 SECTIONS. 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 3 2012 JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor 2 Civil Service — Fire Chief & Chief of Police ATTEST APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2012 EFFECTIVE the day of 9 2012 ORDINANCE NO R \Legal\Legal \Ordinances \Civil ServiceTire and Police Chief doc 3 Civil Service — Fire Chief & Chief of Police Police & Fire Chiefs Covered by Civil Service 1. Bainbridge Island — No 2. Bellingham — No 3. Bothell - No 4. Des Moines - No 5. Everett - No 6. Kirkland — No 7. Lake Stevens — No 8. Longview — No 9. Mt. Vernon — No 10. Mountlake Terrace — No 11. Oak Harbor — No 12. Olympia — No 13. Pasco - No 14. Pullman — No 15. Redmond - Yes 16. Renton - No 17. Richland — No 18. Spokane - No 19. Tacoma — No 20. Vancouver - No 21. Walla Walla —Yes 22. Wenatchee — No 23. Yakima —No 24. Central Kitsap Fire & Rescue - No 25. North Kitsap Fire & Rescue — No 26. South Kitsap Fire & Rescue- No i I i I i AGENDA BILL CITY OF BREMERTON CITY COUNCIL . ........................................................ ............................... SUBJECT: Ordinance No providing Study Session Date August 8, 2012 for the issuance of LTGO Refunding Bonds COUNCIL MEETING Date August 15, 2012 for the Bremerton Government Center (Norm Department Finance Services Dicks Budding) and delegating authority to Presenter Becky Hasart the Director of Financial Services to approve Phone 360 -473 -5722 final terms of the bonds SUMMARY: In 2003, the City was a partner with Kitsap County and Housing Kitsap in issuing bonds for the purchase and development of the Bremerton Government Center, more commonly known as the Norm Dicks Government Budding These bonds can begin to be redeemed on July 1, 2013 Based on the current favorable interest rates for municipal bonds, the City can choose to issue bonds this year to be held in escrow for redemption beginning July 1, 2013 In addition to the favorable bond market for interest rates, it is in the City's best interest to be a small issuer under the IRS code and designate the bonds as "Bank - Qualified" To do so, we may issue no more than $10 million in bonds in any given year This issue should be a little below $6 million The City anticipates having to refinance its line of credit for its parking debt during 2013, which will be approximately $9 million As such, the City would not be in a position to refund the government center bonds in 2013, and retain the small issuer "Bank - Qualified" designation The attached ordinance delegates to the Director of Financial Services the ability to set the date and rates for the final sale of the government center bonds The ordinance sets the parameters under which this can occur By doing this, the City can watch the market for any signs that the interest rates are starting to climb If that were to happen, we can move quickly without being tied to a date certain based on Council meeting schedules ATTACHMENTS: Proposed Ordinance No 5111 providing for the issuance of LTGO Refunding Bonds and delegating authority to the Director of Financial Services to approve final terms of the bonds Appendix A from the July 24, 2012 DA Davidson report to the Finance Committee FISCAL IMPACTS (Include Budgeted Amount) The following numbers are estimates Final amounts will be determined based on the interest rates set at time of sale and based on the bond rating issued by Moody's (rating call is scheduled for August 17 t h) Estimates anticipate a total debt savings of $1,320,706 over the life of the refunded bonds The present value of these savings (net of Kitsap Housing's contribution of allocated City Reserve Fund) in today's dollars would be approximately $741,718 (PV factor of 2 913 %) The refunded bonds would not extend the life of the existing debt service, so debt service payments are within current budget authority APPROVALS: — DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve Ordinance No 5M of the City of Bremerton, Washington, relating to contracting indebtedness, providing for the issuance of not to exceed $6,200,000 par value of Limited Tax General Obligation Refunding Bonds, 2012, to refund the City's portion of the Kitsap County Consolidated Housing Authority Revenue Bonds, 2003 (Bremerton Government Center), and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds STUDY SESSION ACTION: ❑ Consent Agenda P(Ger� ral Business ❑ Public Hearing 4 - COUNCIL PRESIDENT - q, N om — o —,, -'( COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18 /2011 CITY OF BREMERTON, WASHINGTON ORDINANCE NO 5 7 1 _U AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance of not to exceed $6,200,000 par value of Limited Tax General Obligation Refunding Bonds, 2012, to refund the City's portion of the Kitsap County Consolidated Housing Authority Revenue Bonds, 2003 (Bremerton Government Center); and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds Passed August 15, 2012 This document prepared by Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447 -4400 512043283 TABLE OF CONTENTS Page Section 1. Definitions .......... ... ... 1 Section 2. Recitals and Findings ........................... ....... 3 Section 3 Debt Capacity .. ..... .. 4 Section 4 Purpose and Authorization of Bonds .... .... 4 Section 5. Description of Bonds ... .. .... ... 4 Section 6 Bond Registrar, Registration and Transfer of Bonds 5 Section 7 Form and Execution of Bonds .. . ...... ... ...... .. ..............6 Section 8 Payment of Bonds ... .. .7 Section 9 Redemption Provisions and Open Market Purchase of Bonds.. .. ..7 Section 10. Failure To Redeem Bonds. ... .... ...8 Section 11 Pledge of Taxes 8 Section 12 Tax Matters ...8 Section 13 Refunding or Defeasance of the Bonds 9 Section 14 Bond Fund and Deposit of Bond Proceeds 10 Section 15 Refunding of the Refunded Bonds 10 Section 16 Findings with Respect to Refunding 11 Section 17 Undertaking to Provide Continuing Disclosure 11 Section 18 Sale of Bonds 14 Section 19 Official Statement . ...... 14 Section 20 Supplemental Ordinances 15 Section 21 General Authorization and Ratification . .. 15 Section 22 Severability 15 Section 23 Effective Date of Ordinance 15 512043283 CITY OF BREMERTON, WASHINGTON ORDINANCE NO. AN ORDINANCE of the City of Bremerton, Washington, relating to contracting indebtedness; providing for the issuance of not to exceed $6,200,000 par value of Limited Tax General Obligation Refunding Bonds, 2012, to refund the City's portion of the Kitsap County Consolidated Housing Authority Revenue Bonds, 2003 (Bremerton Government Center); and delegating authority to the Mayor or Director of Financial Services to approve the final terms of the bonds. THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1 . Definitions As used in this ordinance, the following words shall have the following meanings (a) "Acquired Obligations" means those United States Treasury Certificates of Indebtedness, Notes, and Bonds - -State and Local Government Series and other direct, noncallable obligations of the United States of America purchased to accomplish the refunding of the Refunded Bonds as authorized by this ordinance (b) "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity (c) `Beneficial Owner" means the owner of any beneficial interests in the Bonds (d) "Bond Fund" means the Limited Tax General Obligation Refunding Bond Fund, 2012, created by this ordinance for the payment of the Bonds (e) "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds (f) "Bond Registrar" means the Fiscal Agent (g) "Bonds" means the not to exceed $6,200,000 par value Limited Tax General Obligation Refunding Bonds, 2012, of the City issued pursuant to and for the purposes provided in this ordinance (h) "City" means the City of Bremerton, Washington, a municipal corporation duly organized and existing under the laws of the State (i) "City Council" means the governing body of the City, acting in its legislative capacity 0) "Code" means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder (k) "DTC" means The Depository Trust Company, New York, New York (1) "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time (m) "KCCHA" means the Krtsap County Consolidated Housing Authority, doing business as Housing Krtsap (n) "KCCHA 2003 Bonds" means the $16,975,000 original par amount Krtsap County Consolidated Housing Authority Revenue Bonds, 2003 (Bremerton Government Center) (o) "Letter of Representations" means the Blanket Issuer Letter of Representations dated November 19, 1997, between the City and DTC, as it may be amended from time to time (p) "MSRB" means the Municipal Securities Rulemaking Board. (q) "Owners" means, without distinction, the Registered Owner(s) and the Beneficial Owner(s) (r) "Real Estate Contract" means the Real Estate Contract and Security Agreement dated as of March 1, 2003 between the City and KCCHA (s) "Refunded Bonds" means all or a portion of the City's portion of the KCCHA 2003 Bonds, maturing in the years 2013 through 2034, inclusive, issued pursuant to Ordinance No 2886 and the Real Estate Contract, the refunding of which has been provided for by this ordinance (t) "Refunding Plan" means (a) the placement of sufficient proceeds of the Bonds which, with other money of the City, if necessary, will acquire the Acquired Obligations to be deposited, with cash, if necessary, with the Refunding Trustee, (b) the payment of the principal of and interest on the Refunded Bonds when due up to and including July 1, 2013, and the call, payment, and redemption on July 1, 2013, of all of the then - outstanding Refunded Bonds at a price of par, and (c) the payment of the costs of issuing the Bonds and the costs of carrying out the foregoing elements of the Refunding Plan 2 512043283 (u) "Refunding Trust Agreement" means a Refunding Trust Agreement between the City, KCCHA and the Refunding Trustee (v) "Refunding Trustee" means the trustee or escrow agent or any successor trustee or escrow agent serving as refunding trustee to carry out the Refunding Plan (w) "Registered Owner" means the person in whose name a Bond is registered on the Bond Register For so long as the City utilizes the book —entry system for the Bonds under the Letter of Representations, Registered Owner shall mean DTC (x) "Rule 15c2 -12" means Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended (y) "SEC" means the United States Securities and Exchange Commission (z) "State" means the State of Washington (aa) "Term Bonds" mean those Bonds of any principal maturity that are subject to mandatory redemption or for which mandatory sinking fund payments are required (bb) "Undertaking" means the continuing disclosure agreement set forth in Section 17 of this ordinance (cc) "Underwriter" means D A Davidson & Co of Seattle, Washington Section 2 Recitals and Findings (a) Pursuant to Resolution No. 2886, the City approved a plan for the development and financing of the Bremerton Government Center and authorized the City to enter into the Real Estate Contract with KCCHA to purchase a portion of the Bremerton Government Center for the price of $6,405,000, and (b) Pursuant to a Trust Indenture dated as of March 1, 2003, between KCCHA and U S Bank National Association (the "Trust Indenture "), KCCHA issued its KCCHA 2003 Bonds to finance the Bremerton Government Center, and (c) The original amount of $6,405,000 of the KCCHA 2003 Bonds is to be repaid from the City's obligation under the Real Estate Contract (the "City's portion of the KCCHA 2003 Bonds "), and (d) Pursuant to the Real Estate Contract, the City may prepay all or a portion of the City's portion of the KCCHA 2003 Bonds, and (e) There is presently outstanding $5,395,000 par value of the City's portion of the KCCHA 2003 Bonds maturing on July 1 of each of the years 2013 through 2034, inclusive; and 3 512043283 (f) After due consideration, it appears to the City Council that the City's portion of the KCCHA 2003 Bonds may be prepaid by the issuance and sale of the limited tax general obligation refunding bonds authorized herein (the "Bonds ") so that a savings will be effected by the difference between the principal and interest cost over the life of the Bonds and the principal and interest cost over the life of the Refunded Bonds but for such refunding, which refunding will be effected by carrying out the Refunding Plan, and (g) To effect that refunding in the manner that will be most advantageous to the City it is found necessary and advisable that certain Acquired Obligations bearing interest and maturing at such time or times as necessary to accomplish the refunding as aforesaid be purchased out of a portion of the proceeds of the Bonds, and (h) The City Council deems it to be in the best interests of the City to issue and sell the Bonds to pay part of the cost of carrying out the Refunding Plan, including paying the costs of issuance and sale of the Bonds Section 3 . Debt Capacity The assessed valuation of the taxable property within the City as ascertained by the last preceding assessment for City purposes for the calendar year 2012 is $2,548,965,492. (a) As of May 31, 2012, the City had outstanding general indebtedness as follows (i) Limited tax general obligation bonds, notes and conditional sales contracts outstanding in the principal amount of $23,713,000, which is incurred within the limit of up to 1 of the value of the taxable property within the City permitted for general municipal purposes (n) Unlimited tax general obligation bonds for capital purposes only outstanding in the principal amount of $10,285,000 for general municipal purposes The debt described in this paragraph is incurred with the approval of the requisite number of the City's qualified voters, within the limit of up to 2'/2% of the value of the taxable property within the City for general municipal purposes (when combined with the outstanding limited tax general obligation indebtedness) (b) The maximum amount of indebtedness authorized by this ordinance is $6,200,000 and is issued within the limitation permitted for general municipal purposes without a vote Section 4 Purpose and Authorization of Bonds The City shall borrow money on the credit of the City and issue negotiable limned tax general obligation refunding bonds evidencing that indebtedness in the amount of not to exceed $6,200,000 to refund the Refunded Bonds and to pay the costs of issuance and sale of the Bonds and costs of the refunding Section 5 Description of Bonds The Bonds shall be called City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2012 The Bonds shall be issued in the aggregate principal amount of not to exceed $6,200,000; shall be dated their date of 4 512043283 initial delivery to the Underwriter; shall be in Authorized Denominations, and shall be numbered separately in the manner and with any additional designation as the Bond Registrar deems necessary for purposes of identification The Bonds shall bear interest (computed on the basis of a 360 -day year of twelve 30 -day months) payable semiannually to the maturity or earlier redemption of the Bonds, and shall mature in the years and amounts and bear interest at the rates per annum as shall be determined pursuant to Section 18 Section 6 Bond Registrar, Registration and Transfer of Bonds (a) Registration of Bonds The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register (b) Bond Registrar The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each of the Bonds held by each Registered Owner The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on the Bonds The Bond Registrar may become either a Registered or Beneficial Owner of Bonds with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners Bonds surrendered to the Bond Registrar may be exchanged for Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar Any exchange or transfer shall be without cost to the owner or transferee The Bond Registrar shall not be obligated to exchange or transfer any Bond during the 15 days preceding any principal payment or redemption date (c) DTC and the Book Entry System The Bonds initially shall be registered in the name of Cede & Co , as the nominee of DTC The Bonds so registered shall be held in fully immobilized form by DTC as depository in accordance with the provisions of the Letter of Representations Neither the City nor the Bond Registrar shall have any responsibility or obligation to DTC participants or the persons for whom they act as nominees with respect to the Bonds regarding accuracy of any records maintained by DTC or DTC participants of any amount in respect of principal of or interest on the Bonds, or any notice which is permitted or required to be given to Registered Owners hereunder (except such notice as is required to be given by the Bond Registrar to DTC) 5 512043283 For as long as any Bonds are held in fully immobilized form, DTC, its nominee or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder and all references to registered owners, bondowners, bondholders or the like shall mean DTC or its nominee and, except for the purpose of the City's undertaking herein to provide continuing disclosure, shall not mean the Beneficial Owners Registered ownership of such Bonds, or any portions thereof, may not thereafter be transferred except (i) to any successor of DTC or its nominee, if that successor shall be qualified under any applicable laws to provide the services proposed to be provided by it; (ii) to any substitute depository appointed by the City or such substitute depository's successor, or (iii) to any person if the Bonds are no longer held in immobilized form. Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository, or a determination by the City that it no longer wishes to continue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City may appoint a substitute depository Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it If (i) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, or (n) the City determines that the Bonds are to be in certificated form, the ownership of Bonds may be transferred to any person as provided herein and the Bonds no longer shall be held in fully immobilized form Section 7 Form and Execution of Bond The Bonds shall be prepared in a form consistent with the provisions of this ordinance and state law and shall be signed by the Mayor and City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon Only Bonds bearing a Certificate of Authentication in the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance "Certificate Of Authentication This Bond is one of the fully registered City of Bremerton, Washington, Limited Tax General Obligation Refunding Bonds, 2012, described in the Bond Ordinance " The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance If any officer whose manual or facsimile signature appears on the Bonds ceases to be an officer of the City authorized to sign bonds before the Bonds bearing his or her manual or facsimile signature are authenticated or delivered by the Bond Registrar or issued by the City, those Bonds nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on the date of issuance of the Bonds 6 512043283 Section 8 Payment of Bonds Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America For as long as the Bonds are registered in the name of DTC or its nominee, payment of principal of and interest on the Bonds shall be made in the manner set forth in the Letter of Representations If the Bonds cease to be in book -entry-only form, interest on the Bonds shall be paid by checks or drafts of the Bond Registrar mailed on the interest payment date to the Registered Owners at the addresses appearing on the Bond Register on the 15th day of the month preceding the interest payment date or by electronic transfer on the interest payment date The City shall not be required to make electronic transfers except to a Registered Owner of Bonds pursuant to a request in writing (and at the sole expense of that Registered Owner) received at least 10 days before an interest payment date Principal of the Bonds shall be payable upon presentation and surrender of the Bonds by the Registered Owners to the Bond Registrar Section 9 Redemption Provisions and Open Market Purchase of Bonds (a) Redemption Prior to Maturity The Mayor or Director of Financial Services may designate certain maturities of the Bonds as being subject to redemption at the option of the City prior to their respective maturities and may approve the designation of certain maturities of the Bonds as Term Bonds (b) Partial Redemptions Portions of the principal amount of any Bond, in any Authorized Denomination, may be redeemed If less than all of the principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed (c) Selection of Bonds for Redemption If fewer than all of the outstanding Bonds within a maturity are to be redeemed prior to maturity, Bonds shall be selected for redemption randomly within a maturity in such manner as the Bond Registrar shall determine Notwithstanding the foregoing, for as long as the Bonds are registered in the name of DTC or its nominee, selection of Bonds for redemption shall be in accordance with the Letter of Representations (d) Notice of Redemption While the Bonds are held by DTC in book -entry only form, any notice of redemption shall be given at the time, to the entity and in the manner required by DTC in accordance with the Letter of Representations, and the Bond Registrar shall not be required to give any other notice of redemption If the Bonds cease to be in book -entry only form unless waived by any Registered Owner of the Bonds to be redeemed, the City shall cause notice of any intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first -class mail, postage prepaid, to the Registered Owner of any Bond to be redeemed at the address appearing on the Bond Register at the time the Bond Registrar prepares the notice, and the requirements of this sentence shall be deemed to have been fulfilled when notice has been mailed as so provided, whether or not it is actually received by the Registered or Beneficial Owner of any Bond. 7 512043283 In the case of an optional redemption, the notice may state that the City retains the right to rescind the redemption notice and the related optional redemption of Bonds by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date Any notice of optional redemption that is so rescinded shall be of no effect, and the Bonds for which the notice of optional redemption has been rescinded shall remain outstanding In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB, consistent with the Undertaking, to any nationally recognized rating agency which at the time maintains a rating on the Bonds at the request of the City, and to such other persons and with such additional information as the Director of Financial Services shall determine, but these additional mailings shall not be a condition precedent to the redemption of Bonds (e) Effect of Redemption Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above (f) Open Market Purchase The City further reserves the right and option to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase (g) Cancellation of Bonds All Bonds purchased or redeemed under this section shall be canceled Section 10 Failure To Redeem Bonds If any Bond is not redeemed when properly presented at its maturity or date set for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date set for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Fund and the Bond has been called for payment by giving notice of that call to the Registered Owner Section 11 Pledge of Taxes For as long as any of the Bonds are outstanding, the City irrevocably pledges to include in its budget and levy taxes annually, within the constitutional and statutory tax limitations provided by law without a vote of the electors of the City, on all of the taxable property within the City in an amount sufficient, together with other money legally available and to be used therefor, to pay when due the principal of and interest on the Bonds The full faith, credit and resources of the City are pledged irrevocably for the annual levy and collection of those taxes and the prompt payment of that principal and interest Section 12 Tax Matters (a) Preservation of Tax Exemption for Interest on Bonds The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes The City also covenants that it will, to 8 512043283 the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes (b) Designation of Bonds as "Qualified Tax- Exempt Obligations " The Bonds shall be designated as "qualified tax- exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met (1) the Director of Financial Services is able to determine and certify that the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code, (2) the reasonably anticipated amount of tax- exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) wluch the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax- exempt obligations from the City, or that issues tax- exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000, and (3) the amount of tax- exempt obligations, including the Bonds, so designated by the City as "qualified tax- exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000 Section 13 Refunding or Defeasance of the Bonds The City may issue refunding bonds pursuant to the laws of the State or use money available from any other lawful source to pay when due the principal of and interest on the Bonds, or any portion thereof included in a refunding or defeasance plan, and to redeem and retire, refund or defease all such then - outstanding Bonds (hereinafter collectively called the "defeased Bonds ") and to pay the costs of the refunding or defeasance If money and/or "government obligations" (as defined in chapter 39 53 RCW, as now or hereafter amended) maturing at a time or times and bearing interest in amounts (together with money, if necessary) sufficient to redeem and retire, refund or defease the defeased Bonds in accordance with their terms are set aside in a special trust fund or escrow account irrevocably pledged to that redemption, retirement or defeasance of defeased Bonds (hereinafter called the "trust account"), then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void The Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds from the trust account The City shall include in the refunding or defeasance plan such provisions as the City deems necessary for the random selection of any defeased Bonds that constitute less than all of a particular maturity of the Bonds, for notice of the defeasance to be given to the owners of the defeased Bonds and to such other persons as the City shall determine, and for any required replacement of Bond certificates for defeased Bonds The defeased Bonds shall be deemed no longer outstanding, and the City may apply any money in any other fund or account established for the payment or redemption of the defeased Bonds to any lawful purposes as it shall determine If the Bonds are registered in the name of DTC or its nominee, notice of any defeasance of Bonds shall be given to DTC in the manner prescribed in the Letter of Representations for notices of redemption of Bonds 9 512043283 Section 14 Bond Fund and Deposit of Bond Proceeds The Bond Fund is hereby created and established in the office of the Director of Financial Services as a special fund designated the Limited Tax General Obligation Refunding Bond Fund, 2012, for the purpose of paying principal of and interest on the Bonds All taxes and other amounts allocated to the payment of the principal of and interest on the Bonds shall be deposited in the Bond Fund Section 15 Refunding of the Refunded Bonds (a) Use of Bond Proceeds; Acquisition of Acquired Obligations All of the proceeds of the sale of the Bonds shall be deposited immediately upon the receipt thereof with the Refunding Trustee and used to discharge the obligations of the City relating to the Refunded Bonds under the Real Estate Contract by providing for the payment of the amounts required to be paid by the Refunding Plan To the extent practicable, such obligations shall be discharged fully by the Refunding Trustee's simultaneous purchase of the Acquired Obligations, bearing such interest and maturing as to principal and interest in such amounts and at such times so as to provide, together with a beginning cash balance, if necessary, for the payment of the amount required to be paid by the Refunding Plan The Acquired Obligations will be listed and more particularly described in the Refunding Trust Agreement, but are subject to substitution as set forth in the Refunding Trust Agreement Any Bond proceeds or other money deposited with the Refunding Trustee not needed to purchase the Acquired Obligations and provide a beginning cash balance, if any, and pay the costs of issuance of the Bonds and costs of refunding the Refunded Bonds shall be returned to the City at the time of delivery of the Bonds to the initial purchaser thereof and deposited in the Bond Fund to pay interest on the Bonds on the first interest payment date (b) Administration of Refunding Plan The Refunding Trustee is authorized and directed to purchase the Acquired Obligations (or substitute obligations) and to make the payments required to be made by the Refunding Plan from the Acquired Obligations (or substitute obligations) and money deposited with the Refunding Trustee pursuant to this ordinance All Acquired Obligations (or substitute obligations) and the money deposited with the Refunding Trustee and any income therefrom shall be held irrevocably, invested and applied in accordance with the provisions of the Real Estate Contract, the Trust Indenture, this ordinance, chapter 39 53 RCW and other applicable statutes of the State of Washington and the Refunding Trust Agreement All necessary and proper fees, compensation, and expenses of the Refunding Trustee for the Bonds and all other costs incidental to the setting up of the escrow to accomplish the refunding of the Refunded Bonds and costs related to the issuance and delivery of the Bonds, including bond printing, verification fees, bond counsel's fees, and other related expenses, shall be paid out of the proceeds of the Bonds (c) Authorization for Refunding Trust Agreement To carry out the Refunding Plan provided for by this ordinance, the Mayor or Director of Financial Services of the City are authorized to execute a Refunding Trust Agreement setting forth the duties, obligations and responsibilities of the Refunding Trustee in connection with the payment, redemption, and retirement of the Refunded Bonds as provided herein and stating that the provisions for payment of the fees, compensation, and expenses of such Refunding Trustee set forth therein are satisfactory to it 10 512043283 (d) Call for Redemption of the Refunded Bonds The City requests that KCCHA call for redemption on July 1, 2013, all of the Refunded Bonds maturing on and after July 1, 2014 at par plus accrued interest. Section 16 Findings with Respect to Refunding The City Council of the City finds and determines that the issuance and sale of the Bonds at this time will effect a savings to the City and is in the best interest of the City and its taxpayers and in the public interest. In making such finding and determination, the City Council has given consideration to the fixed maturities of the Bonds and the Refunded Bonds, the costs of issuance of the Bonds and the known earned income from the investment of the proceeds of the issuance and sale of the Bonds pending payment and redemption of the Refunded Bonds The City Council further finds and determines that the money to be deposited with the Refunding Trustee for the Refunded Bonds in accordance with Section 15 of this ordinance will discharge and satisfy the obligations of the City under the Real Estate Contract with respect to the Refunded Bonds, and the pledges, charges, trusts, covenants, and agreements of the City therein made or provided for as to the Refunded Bonds, and that the Refunded Bonds shall no longer be deemed to be outstanding under such Real Estate Contract immediately upon the deposit of such money with the Refunding Trustee Section 17 Undertaking to Provide Continuing Disclosure To meet the requirements of paragraph (b)(5) of Rule 15c2 -12, as applicable to a participating underwriter for the Bonds, the City makes the following written Undertaking for the benefit of holders of the Bonds (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section ( "annual financial information "), (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds (1) principal and interest payment delinquencies; (2) non- payment related defaults, if material, (3) unscheduled draws on debt service reserves reflecting financial difficulties, (4) unscheduled draws on credit enhancements reflecting financial difficulties, (5) substitution of credit or liquidity providers, or their failure to perform, (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 — TEB) or other material notices or determinations with respect to the tax status of the Bonds, (7) modifications to rights of holders of the Bonds, if material, (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers, (9) defeasances, (10) release, substitution, or sale of property securing repayment of the Bonds, if material, (11) rating changes, 11 512043283 (12) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2 -12, (13) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (14) appointment of a successor or additional trustee or the change of name of a trustee, if material (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (b) of this section (b) Type of Annual Financial Information Undertaken to be Provided The annual financial information that the City undertakes to provide in subsection (a) of tlus section (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to State local governmental units such as the City, as such principles may be changed from time to time, which statements shall not be audited, except, however, that if and when audited financial statements are otherwise prepared and available to the City they will be provided, (2) outstanding general obligation bonds, (3) assessed valuation for the fiscal year, (4) regular property tax levy rate and regular property tax levy rate limit for the fiscal year, and (5) general fund revenues from other mayor tax sources, (n) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2012, and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet websrte of the MSRB or filed with the SEC (c) Amendment of Undertaking The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, rating agency or the MS", under the circumstances and in the manner permitted by Rule 15c2 -12 The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided 12 5 120028 3 (d) Beneficiaries The Undertaking evidenced by this section shall inure to the benefit of the City and any Beneficial Owner of Bonds, and shall not inure to the benefit of or create any rights in any other person (e) Termination of Undertaking The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of Rule 15c2 -12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel or other counsel familiar with federal securities laws delivered to the City, and the City provides timely notice of such termination to the MSRB (f) Remedy for Failure to Comply with Undertaking As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected No failure by the City or other obligated person to comply with the Undertaking shall constitute a default in respect of the Bonds The sole remedy of any Beneficial Owner of a Bond shall be to take such actions as that Beneficial Owner deems necessary, including seeking an order of specific performance from an appropriate court, to compel the City or other obligated person to comply with the Undertaking (g) Designation of Official Responsible to Administer Undertaking The Director of Financial Services of the City (or such other officer of the City who may in the future perform the duties of that office) or his or her designee is authorized and directed in his or her discretion to take such further actions as may be necessary, appropriate or convenient to carry out the Undertaking of the City in respect of the Bonds set forth in this section and in accordance with Rule 15c2 -12, including, without limitation, the following actions (i) Preparing and filing the annual financial information undertaken to be provided, (ii) Determining whether any event specified in subsection (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence, (iii) Determining whether any person other than the City is an "obligated person" within the meaning of Rule 15c2 -12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2 -12, (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking, and (v) Effecting any necessary amendment of the Undertaking 13 512043283 Section 18 Sale of Bonds The Council has determined that it is in the best interest of the City to delegate to the Mayor or Director of Financial Services the authority to approve the series designation, final principal amounts, date of the Bonds, denominations, interest rates, payment dates, redemption provisions, and maturity dates for the Bonds, and determination of the Refunded Bonds, in the manner provided herein, provided that (a) The aggregate principal amount of the Bonds does not exceed $6,200,000, (b) One or more rates of interest may be fixed for the Bonds, and no rate of interest for any maturity of the Bonds may exceed 5 00 %, (c) The true interest cost to the City for the Bonds does not exceed 4 10 %, (d) The aggregate purchase price for the Bonds shall not be less than 98% or more than 115% of the aggregate stated principal amount of the Bonds, (e) The Bonds shall be issued subject to optional and mandatory redemption provisions, including designation of Term Bonds, if any, (f) There is a minimum net present value savings of 4.0% of the principal amount of the Refunded Bonds, (g) The Bonds shall be dated as of the date of their delivery, which date and time for the issuance and delivery of the Bonds is not later than July 1, 2013, and (h) Interest shall be payable at fixed rates semiannually, principal shall be payable annually and the final maturity shall not be later than July 1, 2034 In determining the series designation, final principal amounts, date of the Bonds, denominations, interest rates, payment dates, redemption provisions, and maturity dates for the Bonds, and determination of the Refunded Bonds, the Mayor or Director of Financial Services, in consultation with other City officials and staff and advisors, shall take into account those factors that, in her judgment, will result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current financial market conditions and current interest rates for obligations comparable to the Bonds. The Bonds shall be sold by negotiated sale to D A Davidson & Co, Inc (the "Underwriter ") Subject to the terms and conditions set forth in this Section 18, the Mayor or Director of Financial Services is hereby authorized to execute a purchase contract to be presented by the Underwriter (the "Bond Purchase Contract ") on behalf of the City upon his or her determination that the conditions of this Section 18 have been met The Bonds will be printed at City expense and will be delivered to the Underwriter in accordance with the Bond Purchase Contract, with the approving legal opinion of Foster Pepper PLLC, municipal bond counsel of Seattle, Washington, regarding the Bonds Section 19 Official Statement For the sole purpose of the Underwriter's compliance with paragraph (b)(1) of Rule 15c2 -12, the City authorizes the Mayor or Director of Financial 14 512043283 Services to "deem final" a preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2 -12 and ratifies the distribution by the Underwriter of that preliminary official statement to potential purchasers of the Bonds In addition, the City authorizes and approves the preparation, execution by the Mayor or Director of Financial Services and delivery to the Underwriter of a final official statement for the Bonds, in the form of the preliminary official statement, with such modifications and amendments thereto as shall be deemed necessary or desirable by the City. The City authorizes the Mayor or Director of Financial Services to approve the distribution by the Underwriter of that final official statement to potential purchasers and purchasers of the Bonds Section 20 . Supplemental Ordinances The City Council from time to time and at any time may pass an ordinance or ordinances supplemental to this ordinance which supplemental ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more of the following purposes (a) To add covenants and agreements that do not adversely affect the interests of the holders and owners of the Bonds, or to surrender any right or power reserved to or conferred upon the City (b) To cure any ambiguities or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the holders and owners of the Bonds Section 21 General Authorization and Ratification The Mayor, Director of Financial Services, City Clerk, and other appropriate officers of the City are severally authorized and directed to take any actions and to execute documents as in their judgment may be necessary or desirable to carry out the terms of, and complete the transactions contemplated by, this ordinance and the Bond Purchase Contract (including everything necessary for the prompt delivery of the Bonds to the Underwriter and for the proper application, use and investment of the proceeds of the sale thereof), and all actions heretofore taken in furtherance thereof and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects Section 22 Severability The provisions of this ordinance are declared to be separate and severable If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 23 Effective Date of Ordinance This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law 15 512043283 PASSED by the City Council and APPROVED by the Mayor of the City of Bremerton, Washington, at an open public meeting thereof, this 15'' day of August, 2012. CITY OF BREMERTON, WASHINGTON Council President Mayor ATTEST: City Clerk APPROVED AS TO FORM: Foster Pepper PLLC, as Bond Council 16 512043283 CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the "City "), hereby certify as follows 1. The attached copy of Ordinance No (the "Ordinance ") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 15, 2012, as that ordinance appears on the minute book of the City, and the Ordinance will be in full force and effect five days after publication in the City's official newspaper; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2012. CITY OF BREMERTON, WASHINGTON City Clerk a i City of Bremerton . Finance Committee Meeting LTCO Refunding Bond Update July 24, 2012 y PafP >' o n D.A. David Trageser w ° Davidson e Senior Vice President & Co. (206) 903 -8699 VIXED INCOME CAPITA! MARKETS dtrageser @dadco.com SOURCES AND USES OF FUNDS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Dated Date 09/12/2012 Delivery Date 09/12/2012 Sources Bond Proceeds Paz Amount 5,260,000 00 Premium 236,228 50 5,496,228 50 Other Sources of Funds Existing Reserve Contribution 233,000 00 5,729,228 50 Uses Refunding Escrow Deposits Cash Deposit 035 SLGS Purchases 5,653,813 00 5,653,813 35 Cost of Issuance Bond Counsel 11,343 20 Escrow Verification 2,50000 Escrow Agent 75000 Rating Fee (est) 10,000 00 Counsel to KCCHA 12,500 00 37,093 20 Delivery Date Expenses Underwriter's Discount 34,716 00 Other Uses of Funds Additional Proceeds 3,60595 5,729,228 50 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 1 SUMMARY OF REFUNDING RESULTS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Dated Date 09/12/2012 Delivery Date 09/12/2012 Arbitrage yield 2913510% Escrow yield 0148917% Bond Paz Amount 5,260,000 00 True Interest Cost 3262233% Net Interest Cost 3385041% Average Coupon 3692564% Average Life 12 458 Par amount of refunded bonds 5,395,000 00 Average coupon of refunded bonds 4989045% Average life of refunded bonds 13 200 PV of pnor debt to 09/12/2012 @ 2 913510% 6,622,489 05 Net PV Savings 741,718 19 Percentage savings of refunded bonds 13748252% Percentage savings of refunding bonds 14101106% Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 2 SAVINGS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Present Value Prior Refunding Annual to 09/12/2012 Date Debt Service Debt Service Savings Savings @ 2 9135105% 01/01/2013 132,737 50 53,042 88 79,694 62 78,999 72 07/01/2013 277,737 50 307,593 75 -29,85625 49,838 37 -29,17097 01/01/2014 129,801 25 85,393 75 44,407 50 42,765 24 07/01/2014 279,801 25 265,393 75 14,407 50 58,815 00 13,675 47 01/01/2015 126,763 75 83,593 75 43,170 00 40,38822 07/01/2015 281,763 75 263,593 75 18,170 00 61,340 00 16,755 08 01/01/2016 123,625 00 81,793 75 41,831 25 38,019 95 07/01/2016 288,625 00 271,793 75 16,831 25 58,662 50 15,078 08 01/01/2017 119,500 00 79,893 75 39,606 25 34,971 36 07/01/2017 289,500 00 269,893 75 19,606 25 59,212 50 17,063 27 01/01/2018 115,250 00 77,993 75 37,256 25 31,958 47 07/01/2018 295,250 00 272,993 75 22,256 25 59,512 50 18,817 32 01/01/2019 110,750 00 75,068 75 35,681 25 29,734 80 07/01/2019 300,750 00 275,068 75 25,681 25 61,362 50 21,094 06 01/01/2020 106,000 00 72,068 75 33,931 25 27,470 26 07/01/2020 301,000 00 277,068 75 23,931 25 57,862 50 19,096 22 01/01/2021 101,125 00 68,993 75 32,131 25 25,271 36 07/01/2021 306,125 00 278,993 75 27,131 25 59,262 50 21,032 45 01/01/2022 96,000 00 65,843 75 30,156 25 23,041 80 07/01/2022 311,000 00 280,843 75 30,156 25 60,312 50 22,710 96 01/01/2023 90,625 00 62,618 75 28,006 25 20,788 93 07/01/2023 320,625 00 287,618 75 33,006 25 61,012 50 24,148 62 01/01/2024 84,875 00 59,243 75 25,631 25 18,483 53 07/01/2024 324,875 00 289,243 75 35,631 25 61,262 50 25,325 92 01/01/2025 78,875 00 55,506 25 23,368 75 16,371 51 07/01/2025 328,875 00 290,506 25 38,368 75 61,737 50 26,494 15 01/01/2026 72,625 00 51,393 75 21,231 25 14,449 97 07/01/2026 337,625 00 296,393 75 41,231 25 62,462 50 27,659 03 01/01/2027 66,000 00 46,800 00 19,200 00 12,694 94 07/01/2027 341,000 00 301,800 00 39,200 00 58,400 00 25,546 68 01/01/2028 59,125 00 41,700 00 17,425 00 11,192 84 07/01/2028 349,125 00 306,700 00 42,425 00 59,850 00 26,860 14 01/01/2029 51,875 00 36,400 00 15,475 00 9,65687 07/01/2029 356,875 00 311,400 00 45,475 00 60,950 00 27,970 31 01/01/2030 44,250 00 30,900 00 13,350 00 8,09329 07/01/2030 364,250 00 315,900 00 48,350 00 61,700 00 28,890 77 01/01/2031 36,250 00 25,200 00 11,050 00 6,50795 07/01/2031 371,250 00 320,200 00 51,050 00 62,100 00 29,634 42 01/01/2032 27,875 00 19,300 00 8,57500 4,90630 07/01/2032 382,875 00 329,300 00 53,575 00 62,150 00 30,213 49 01/01/2033 19,000 00 13,100 00 5,90000 3,27952 07/01/2033 389,000 00 333,100 00 55,900 00 61,800 00 30,625 88 01/01/2034 9,75000 6,70000 3,05000 1,64701 07/01/2034 399,750 00 341,700 00 58,050 00 61,100 00 30,897 06 9,000,355 00 7,679,64913 1,320,705 87 1,320,705 87 971,112 24 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 3 SAVINGS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Savings Summary i PV of savings from cash flow 971,112 24 Less Prior funds on hand -233,00000 Plus Refunding funds on hand 3,60595 Net PV Savings 741,718 19 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 4 BOND SUMMARY STATISTICS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Dated Date 09/12/2012 Delivery Date 09/12/2012 Last Maturity 07/01/2034 Arbitrage Yield 2913510% True Interest Cost (TIC) 3262233% Net Interest Cost (NIC) 3 385041 % All -In TIC 3332425% Average Coupon 3692564% Average Life (years) 12 458 Duration of Issue (years) 9 883 Par Amount 5,260,000 00 Bond Proceeds 5,496,228 50 Total Interest 2,419,64913 Net Interest 2,218,136 63 Total Debt Service 7,679,64913 Maximum Annual Debt Service 360,636 63 Average Annual Debt Service 352,232 60 Underwriter's Fees (per $1000) Average Takedown Other Fee 6600000 Total Underwriter's Discount 6600000 Bid Price 103 831036 Par Average Average Bond Component Value Price Coupon Life Sena] Bond 4,605,000 00 104 794 3609% 11 198 Term Bond 655,000 00 102 360 4000% 21 314 5,260,000 00 12 458 All -In Arbitrage TIC TIC Yield Par Value 5,260,000 00 5,260,000 00 5,260,000 00 • Accrued Interest • Premium (Discount) 236,228 50 236,228 50 236,228 50 - Underwriter's Discount -34,71600 -34,71600 - Cost of Issuance Expense -37,09320 - Other Amounts Target Value 5,461,512 50 5,424,419 30 5,496,228 50 Target Date 09/12/2012 09/12/2012 09/12/2012 Yield 3262233% 3332425% 2913510% Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 5 BOND PRICING CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Maturity Yield to Call Call Premium Bond Component Date Amount Rate Yield Price Maturity Date Price (- Discount) Senal Bond 07/01/2013 220,000 2000% 0650% 101 078 2,37160 07/01/2014 180,000 2000% 0760% 102 215 3,98700 07/01/2015 180,000 2000% 0930% 102 952 5,31360 07/01/2016 190,000 2000% 1130% 103 228 6,13320 07/01/2017 190,000 2000% 1290% 103 295 6,26050 07/01/2018 195,000 3000% 1600% 107 727 15,067 65 07/01/2019 200,000 3000% 1870% 107 185 14,370 00 07/01/2020 205,000 3000% 2130% 106 221 12,753 05 07/01/2021 210,000 3000% 2370% 104 976 10,449 60 07/01/2022 215,000 3000% 2550% 103 879 8,33985 07/01/2023 225,000 3000% 2730% 102 306 C 2752% 07/01/2022 100 000 5,18850 07/01/2024 230,000 3250% 2830% 103 570 C 2891% 07/01/2022 100 000 8,21100 07/01/2025 235,000 3500% 2920% 104 910 C 3034% 07/01/2022 100 000 11,538 50 07/01/2026 245,000 3750% 3000% 106 325 C 3 180% 07/01/2022 100 000 15,496 25 07/01/2027 255,000 4000% 3080% 107 729 C 3334% 07/01/2022 100 000 19,708 95 07/01/2028 265,000 4000% 3 180% 106 855 C 3434% 07/01/2022 100 000 18,165 75 07/01/2029 275,000 4000% 3270% 106 076 C 3518% 07/01/2022 100 000 16,709 00 07/01/2030 285,000 4000% 3340% 105 474 C 3581% 07/01/2022 100 000 15,600 90 07/01/2031 295,000 4000% 3460% 104 452 C 3670% 07/01/2022 100 000 13,133 40 07/01/2032 310,000 4000% 3530% 103 862 C 3722% 07/01/2022 100 000 11,972 20 4,605,000 220,770 50 Tenn Bond 07/01/2033 320,000 4000% 3710% 102 360 C 3839% 07/01/2022 100 000 7,55200 07/01/2034 335,000 4000% 3710% 102 360 C 3839% 07/01/2022 100 000 7,90600 655,000 15,458 00 5,260,000 236,228 50 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 6 BOND PRICING CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Dated Date 09/12/2012 Delivery Date 09/12/2012 First Coupon 01/01/2013 Par Amount 5,260,000 00 Premium 236,228 50 Production 5,496,228 50 104491036% Underwriter's Discount -34,71600 -0660000% Purchase Price 5,461,512 50 103831036% Accrued Interest Net Proceeds 5,461,512 50 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 7 BOND DEBT SERVICE CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Period Annual Ending Principal Coupon Interest Debt Service Debt Service 01/01/2013 53,042 88 53,042 88 07/01/2013 220,000 2000% 87,593 75 307,593 75 360,636 63 01/01/2014 85,393 75 85,393 75 07/01/2014 180,000 2000% 85,393 75 265,393 75 350,787 50 01/01/2015 83,593 75 83,593 75 07/01/2015 180,000 2000% 83,593 75 263,593 75 347,187 50 01/01/2016 81,793 75 81,793 75 07/01/2016 190,000 2000% 81,793 75 271,793 75 353,587 50 01/01/2017 79,893 75 79,893 75 07/01/2017 190,000 2000% 79,893 75 269,893 75 349,787 50 01/01/2018 77,993 75 77,993 75 07/01/2018 195,000 3000% 77,993 75 272,993 75 350,987 50 01/01/2019 75,068 75 75,068 75 07/01/2019 200,000 3000% 75,068 75 275,068 75 350,137 50 01/01/2020 72,068 75 72,068 75 07/01/2020 205,000 3000% 72,068 75 277,068 75 349,137 50 01/01/2021 68,993 75 68,993 75 07/01/2021 210,000 3000% 68,993 75 278,993 75 347,987 50 01/01/2022 65,843 75 65,843 75 07/01/2022 215,000 3000% 65,843 75 280,843 75 346,687 50 01/01/2023 62,618 75 62,618 75 07/01/2023 225,000 3000% 62,618 75 287,618 75 350,237 50 01/01/2024 59,243 75 59,243 75 07/01/2024 230,000 3250% 59,243 75 289,243 75 348,487 50 01/01/2025 55,506 25 55,506 25 07/01/2025 235,000 3500% 55,506 25 290,506 25 346,012 50 01/01/2026 51,393 75 51,393 75 07/01/2026 245,000 3750% 51,393 75 296,393 75 347,787 50 01/01/2027 46,800 00 46,800 00 07/01/2027 255,000 4000% 46,800 00 301,800 00 348,600 00 01/01/2028 41,700 00 41,700 00 07/01/2028 265,000 4000% 41,700 00 306,700 00 348,400 00 01/01/2029 36,400 00 36,400 00 07/01/2029 275,000 4000% 36,400 00 311,400 00 347,800 00 01/01/2030 30,900 00 30,900 00 07/01/2030 285,000 4000% 30,900 00 315,900 00 346,800 00 01/01/2031 25,200 00 25,200 00 07/01/2031 295,000 4000% 25,200 00 320,200 00 345,400 00 01/01/2032 19,300 00 19,300 00 07/01/2032 310,000 4000% 19,300 00 329,300 00 348,600 00 01/01/2033 13,100 00 13,100 00 07/01/2033 320,000 4000% 13,100 00 333,100 00 346,200 00 01/01/2034 6,70000 6,70000 07/01/2034 335,000 4000% 6,70000 341,700 00 348,400 00 5,260,000 2,419,64913 7,679,64913 7,679,64913 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 8 BOND DEBT SERVICE CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Period Ending Principal Coupon Interest Debt Service 07/01/2013 220,000 2000% 140,636 63 360,636 63 07/01/2014 180,000 2000% 170,787 50 350,787 50 07/01/2015 180,000 2000% 167,187 50 347,187 50 07/01/2016 190,000 2000% 163,587 50 353,587 50 07/01/2017 190,000 2000% 159,787 50 349,787 50 07/01/2018 195,000 3000% 155,987 50 350,987 50 07/01/2019 200,000 3000% 150,137 50 350,137 50 07/01/2020 205,000 3000% 144,137 50 349,137 50 07/01/2021 210,000 3000% 137,987 50 347,987 50 07/01/2022 215,000 3000% 131,687 50 346,687 50 07/01/2023 225,000 3000% 125,237 50 350,237 50 07/01/2024 230,000 3250% 118,487 50 348,487 50 07/01/2025 235,000 3500% 111,012 50 346,012 50 07/01/2026 245,000 3750% 102,787 50 347,787 50 07/01/2027 255,000 4000% 93,600 00 348,600 00 07/01/2028 265,000 4000% 83,400 00 348,400 00 07/01/2029 275,000 4000% 72,800 00 347,800 00 07/01/2030 285,000 4000% 61,800 00 346,800 00 07/01/2031 295,000 4000% 50,400 00 345,400 00 07/01/2032 310,000 4000% 38,600 00 348,600 00 07/01/2033 320,000 4000% 26,200 00 346,200 00 07/01/2034 335,000 4000% 13,400 00 348,400 00 5,260,000 2,419,64913 7,679,64913 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 9 PRIOR BOND DEBT SERVICE CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Period Annual Ending Principal Coupon Interest Debt Service Debt Service 01/01/2013 132,737 50 132,737 50 07/01/2013 145,000 4050% 132,737 50 277,737 50 410,475 00 01/01/2014 129,80125 129,801 25 07/01/2014 150,000 4050% 129,801 25 279,801 25 409,602 50 01/01/2015 126,763 75 126,763 75 07/01/2015 155,000 4050% 126,763 75 281,763 75 408,527 50 01/01/2016 123,625 00 123,625 00 07/01/2016 165,000 5000% 123,625 00 288,625 00 412,250 00 01/01/2017 119,500 00 119,500 00 07/01/2017 170,000 5000% 119,500 00 289,500 00 409,000 00 01/01/2018 115,250 00 115,250 00 07/01/2018 180,000 5000% 115,250 00 295,250 00 410,500 00 01/01/2019 110,750 00 110,750 00 07/01/2019 190,000 5000% 110,750 00 300,750 00 411,500 00 01/01/2020 106,000 00 106,000 00 07/01/2020 195,000 5000% 106,000 00 301,000 00 407,000 00 01/01/2021 101,125 00 101,125 00 07/01/2021 205,000 5000% 101,125 00 306,125 00 407,250 00 01/01/2022 96,000 00 96,000 00 07/01/2022 215,000 5000% 96,000 00 311,000 00 407,000 00 01/01/2023 90,625 00 90,625 00 07/01/2023 230,000 5000% 90,625 00 320,625 00 411,250 00 01/01/2024 84,875 00 84,875 00 07/01/2024 240,000 5000% 84,875 00 324,875 00 409,750 00 01/01/2025 78,875 00 78,875 00 07/01/2025 250,000 5000% 78,875 00 328,875 00 407,750 00 01/01/2026 72,625 00 72,625 00 07/01/2026 265,000 5000% 72,625 00 337,625 00 410,250 00 01/01/2027 66,000 00 66,000 00 07/01/2027 275,000 5000% 66,000 00 341,000 00 407,000 00 01/01/2028 59,125 00 59,125 00 07/01/2028 290,000 5000% 59,125 00 349,125 00 408,250 00 01/01/2029 51,875 00 51,875 00 07/01/2029 305,000 5000% 51,875 00 356,875 00 408,750 00 01/01/2030 44,250 00 44,250 00 07/01/2030 320,000 5000% 44,250 00 364,250 00 408,500 00 01/01/2031 36,250 00 36,250 00 07/01/2031 335,000 5000% 36,250 00 371,250 00 407,500 00 01/01/2032 27,875 00 27,875 00 07/01/2032 355,000 5000% 27,875 00 382,875 00 410,750 00 01/01/2033 19,000 00 19,000 00 07/01/2033 370,000 5000% 19,000 00 389,000 00 408,000 00 01/01/2034 9,75000 9,75000 07/01/2034 390,000 5000% 9,75000 399,750 00 409,500 00 5,395,000 3,605,355 00 9,000,355 00 9,000,355 00 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 10 SUMMARY OF BONDS REFUNDED CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Maturity Interest Par Call Call Bond Date Rate Amount Date Price KCCHA REVENUE BONDS, 2003 (City's Portion), 2003 TERM01 07/01/2013 4050% 145,000 00 07/01/2014 4050% 150,000 00 07/01/2013 100 000 07/01/2015 4050% 155,000 00 07/01/2013 100 000 TERMO2 07/01/2016 5000% 165,000 00 07/01/2013 100 000 07/01/2017 5000% 170,000 00 07/01/2013 100 000 07/01/2018 5000% 180,000 00 07/01/2013 100 000 07/01/2019 5000% 190,000 00 07/01/2013 100 000 07/01/2020 5000% 195,000 00 07/01/2013 100 000 07/01/2021 5000% 205,000 00 07/01/2013 100 000 07/01/2022 5000% 215,000 00 07/01/2013 100 000 07/01/2023 5000% 230,000 00 07/01/2013 100 000 TERM03 07/01/2024 5000% 240,000 00 07/01/2013 100 000 07/01/2025 5000% 250,000 00 07/01/2013 100 000 07/01/2026 5000% 265,000 00 07/01/2013 100 000 07/01/2027 5000% 275,000 00 07/01/2013 100 000 07/01/2028 5000% 290,000 00 07/01/2013 100 000 TERM04 07/01/2029 5000% 305,000 00 07/01/2013 100 000 07/01/2030 5000% 320,000 00 07/01/2013 100 000 07/01/2031 5000% 335,000 00 07/01/2013 100 000 07/01/2032 5000% 355,000 00 07/01/2013 100 000 07/01/2033 5000% 370,000 00 07/01/2013 100 000 07/01/2034 5000% 390,000 00 07/01/2013 100 000 5,395,000 00 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM - 2012,2012) Page 11 ESCROW REQUIREMENTS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Period Principal Ending Principal Interest Redeemed Total 1 01/01/2013 132,737 50 132,737 50 07/01/2013 145,000 00 132,737 50 5,250,000 00 5,527,737 50 145,000 00 265,475 00 5,250,000 00 5,660,475 00 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 12 ESCROW DESCRIPTIONS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Type of Type of Maturity First Int Par Max Security SLGS Date Pmt Date Amount Rate Rate Sep 12, 2012 SLGS Certificate 01/01/2013 01/01/2013 132,701 0090% 0090% SLGS Certificate 07/01/2013 07/01/2013 5,521,112 0150% 0150% 5,653,813 SLGS Summary SLGS Rates File 23JUL12 Total Certificates of Indebtedness 5,653,813 00 Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 13 ESCROW STATISTICS CITY OF BREMERTON LTGO Refunding Bonds, 2012 BQ Modified Yield to Yield to Perfect Value of Total Duration Receipt Disbursement Escrow Negative Cost of Escrow Cost (years) Date Date Cost Arbitrage Dead Time Global Proceeds Escrow 5,653,813 35 0 790 0148917% 0148917% 5,532,440 67 121,372 67 001 5,653,813 35 5,532,440 67 121,372 67 001 Delivery date 09/12/2012 Arbitrage yield 2913510% Jul 23, 2012 9 52 am Prepared by D A Davidson & Co (Finance 7 001 BREMRTON BREM- 2012,2012) Page 14