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HomeMy WebLinkAbout09/05/2012 AGENDA 0 Qoon ov o ' O CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** SEPTEMBER 5, 2012 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 SHORELINE MASTER PROGRAM PRESENTATION — " Nonconformities "— Nicole Floyd, City Planner II, Department of Community Development 4 PUBLIC RECOGNITION 5 MAYOR'S REPORT 6 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting —August 15, 2012 C Minutes of Study Session — August 22, 2012 D Bid Award to PRC Maintenance & Construction, Inc for Fire Station No 2 Composition Roof Replacement E Ordinance No 5193 amending Chapter 1 06 of the Bremerton Municipal Code (BMC) relating to Public Records F Professional Services Agreement with AECOM for the Gorst Creek Watershed Comprehensive Plan 7 GENERAL BUSINESS A Resolution No 3179 to rename Sumac Street to "Nathan Adrian Drive" in recognition of his accomplishments at the 2012 Summer Olympic Games B Real Estate Purchase & Sale Agreement and Amendment Nos 1 and 2 for sale of the Park Avenue Pad to Lorax Partners, LLC 8 COUNCIL MEMBER REPORTS 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 by noon on the day preceding the Meeting 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 Lo �cM J REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU ' ? 0 Aug. 8, 2012 — Study Session "Shoreline Modifications" • Buffers & Vegetation Management • Docks • Shoreline Stabilization Aug. 15, 2012 — Televised SMP Presentation (Repeat of previous Study Session) Aug. 22, 1012 — Study Session "Nonconformities" • Nonconformities • SB 5451 Aug 29, 2012 — 5 th Wednesday, No Meeting Sept 5, 2012 — Televised SMP Presentation (Repeat of previous Study Session) Sept 12, 1012 — Study Session "Recap / Revisions" • Review of any modifications recommended by City Council, Ecology, and the public Sept 19, 1012 — No televised presentation Sept 26, 1012 — Study Session "Final Review" • Final review of any modifications recommended by City Council, Ecology, and the public Oct 3, 1012 — Televised SMP Public Hearing • Recap of the process • Review of project applicability and contents Provided by David Thomas August 28, 2012 Phone 360 - 373 -2673 6076 Osprey Circle Bremerton, WA 98312 Subject Review of Bremerton Shoreline Master Program I have reviewed the proposed Bremerton Shoreline Master Program My comments, questions, and suggestions for the planning staff and for the City Council are provided in the table below with paragraph numbers indicated I also have a marked up copy of a PDF version of the document with my comments inserted in the document with the appropriate text highlighted While the specific comments are contained in the table below, my general observations and concerns with this document are provided here as a summary 1 The Goals and objectives do not include any significant discussion of Private Property Rights The table below shows 49 specific cases where the document potentially violates private property rights Private property rights need to be one of the spokes on the wheel 2 Overall emphasis is on preservation and conservation of "nature" with little balance toward commercial uses and development There needs to be a balance to prevent loss of property values, businesses, and therefore tax revenues Balancing economic development and cost impacts of the rules and regulations need to be a much larger emphasis in the document 3 Emphasis on public access, trails, etc is a "taking" of property by the city. 4 There is a potentially large impact on private Property values This will impact both property owners directly in resale value and will impact the city with tax revenues. 5 The city council should require a cost/benefit analysis for this proposal The table below shows many instances where additional costs will be incurred by either private property owners (individuals and/or businesses) or the city 6 The policies and regulations established by this document will be implemented in violation of private property rights By simply withholding a permit the planning department can prevent a project that "violates" the goals or objectives in the document Words such as "should" or "encourage" can be construed to mean "shall' and therefore a permit can be denied 7 The permit process in many instances requires the burden of proof on the applicant to prove that harm will not occur or that they are not in violation Instead, the city should be required to show that harm will occur, or that the application is in violation before they can deny a permit 8 The appeals process and who has the final ruling is unclear In the end the people have the right to decide how our land will be used, not an appointed, unelected board. Specific comments tied to paragraph numbers Page 1 of Paragraph Comment Issue type 20 16 100 While it mentions it " protecting private property Private Property rights " is not a priority in this document 20.16 100 " interest of all people " includes property owners. Private property Private property rights are not sufficiently protected in this document 2016 210 Opening sentence states " intended to be Private property comprehensive goal statements " However, it is Property values missing two critical "spokes" on the wheel depicting Tax base how the goals interconnect There needs to be a goal for "protecting private property rights" and one for "minimizing impact on property values and the tax base" 2016 230 (a) (2), What is the projected cost of these policy statements? cost 3, 4 2016 230 (b) (7) Why is this in here? If sea level rises then water is "encroaching" on land, and you are no longer talking about "restoration" or "maintenance" of previous condition. Will you consider "sea walls" to maintain existing pro upland if the sea nses? 2016 230 (c) Why is single family residence priority? Cities need Tax base businesses to thrive and pay the taxes No business, no people, no taxes, no city You need to be careful how this goal is im lemented 2016 230 (c)(2) "community benefit" should include tax base and tax Tax base revenues and the impacts of the policies on those. 2016 230 (c)(7) Is this supposed to say " and protect private property Private property rights and. " ? " protect private rights ." as currently written can be misconstrued 2016 230 (d)(3) What will this expansion cost the taxpayers? Cost 2016 230 (d)(4) Is this going to lead to new programs and cost to Cost taxpayers? 2016 230 (e)(3) Does this mean land owners will be required to Private property provide access to the general public through their own property without compensation Will our community (homeowners association) park be required to be open to the general public? If so, will the city assume liabilit 2016 230 (e)(4) To what extent? Will private propery owners be Private property required to allow general public access across their property? 2016 230 (e)(8) What is the projected cost for this (linking public Cost access points with pathways, etc.)? Page 2 of 9 2016 230 2) What is the projected cost of such a program? Cost 2016 230 4) What will this cost the taxpayers and/or land owners Cost 2016 410 " required to comply with all applicable Private property standards " could be interpreted to override private p roperty rights 2016 430(a)(2)(u) What about private property rights? There is no Private property balance with public and/or private property needs and requirements. Will the city be required to prove that loss of ecological function will result if they issue the p ermit? 2016 430(a)(2)(w) This restriction does not allow a business or Cost homeowner to "build in" potential ex ansionibusiness 2016 430(a)(2)(iv) What exactly does this mean? It's very open to interpretation stated this wa 2016 430(b)(2)(iv) What is the extent of this rule? How far inland does Private property it apply? What is the definition of "compatible with"? What is the definition of "compromise the integrity"? This statement is very open to interpretation and "mismanagement" by overzealous reviewers of applications. 2016 430(c)(1) How does it encourage this? Does it discourage Private property development that does NOT provide public access on private roe 2016 430(c)(2)(i) What is the extent of this limitation? Since the land Private property covered by this policy extends 200 feet from the high water mark how many waterfront or near waterfront current businesses are potentially impacted by this policy when/if they want to make changes to their p ropert y? 2016 430(c)(2)(n) What is the potential cost to business owners to cost implement this requirement? Does it apply to all permits for modifications within 200 feet of the high water mark? 2016 430(c)(2)(w) Public access at what cost to our businesses? What if Cost public access is not consistent with business Private property requirements? This violates private property rights 2016 430(c)(2)(iv) This seems very open to overzealous interpretation Private property by bureaucrats reviewing/approving applications for p ermits 2016 430(d)(2)(i) What private property rights protections are provided Private property in this decision process? 2016 430(e)(2)(u) What is the projected cost of this? Who will pay for Cost it? 2016 430(e)(2)(m) Requiring public access is "taking" of property Will Private property p roperty owners be compensated? Page 3 of g 2016 430(e)(2)(1v) Where is the balance with private property rights and Private property with the cost of doing this? What impact will this Cost have on property values and on tax revenues? 2016 430(g)(1) This encroaches on private property rights of the Private property owners Will the city compensate the owners for "taking" their property to provide public access? 2016 430(g)(2)(4) What does "joint use community" mean? Will Private property private property be required to be open to the general public? Will the city be liable for injuries, etc in those public areas? This is "taking" of private p ropert y 2016 430(1)(1) Requiring Public access across private property is Private property "taking" of property by the city Why would the city require public access through people's private property? Who will be liable for injuries, etc on the p rivate propert 2016 430(1)(2)(4) This is "taking" of private property for public use Private property Will owners be compensated? Who assumes liability? This is violating the private property rights of owners 2016 440(a)(1) Why does the State interest override local interest? Private Property What is the statewide "interest" in Kitsap Lake? This violates our citizen's individual rights under the constitutiion 2016 440(a)(2)(1) What does this mean? No docks? No Private property buildings/houses within the 200 foot zone? This can be misapplied by overzealous bureaucrats. 2016 440(a)(3)(4) This requirement should also evaluate long -term cost economic impacts, property value, and tax base impacts, and costs of implementing the policy Evaluating against "potential" impairments doesn't make sense The evaluation should be factual and scientifically based 2016 440(a)(3)(m) What does this mean? It is very open to interpretation and possible mis- application as worded 2016 440 a 4 41 Where does this apply within Bremerton? 2016 440 a 6 1 Does this only apply to property owned by the city? Private propert 2016 510(a) Using these words coupled with the liberal use of Private property "encourage" throughout this document makes it highly likely that overzealous permit process will severely limit private property rights of landowners, leading to decreased property values and decreased tax revenues. 2016 510 Regarding burden of proof, At what cost to property Cost Page 4 of a owners? There should be a counter -point Private Property requirement that the city must "prove that an application is NOT consistent"? In many cases the applicant will be required to prove a negative (e g prove "no potential damage ") to get a permit The city should be required that the application is NOT consistent with the regulations or that it WILL cause damage in order to justify not issuing a permit 2016 510(c) What is the added cost of tlus new permit Cost requirement for applicants and for the city)? 2016 510(d) Tlus statement does not seem to be consistent with Private property many others throughout this document where private property is "taken" for public access, etc The permitting official can simply refuse to sign off on a permit because public access is not included in a project and the owner won't be able to execute the p roject 2016 510(9 You are adding another layer of bureaucratic process on top of many others to make it more difficult for the private citizen/land owner to do things with their property Where does the city "help" the private p roperty owner? 2016 520(1) Where is there a method for the applicant to contest Process the decision? If the director decides against the applicant they have no recourse? 2016 520(m) Do applicants /property owners have a means to Process appeal these decisions? 2016 450 (b) Who are these people (Shoreline Hearings Board)? Process Are they elected government officials? What power do the people of the city have over them? 2016 620(a) Why is this burden of proof on the property owner? Private property Why doesn't the city have to prove otherwise? The city has the permit records, etc that show how the p roperty was originally developed 2016 640(d)(2) How is this measured? 75% of what (volume, weight, other 2016 640(d)(3) What is the basis for 5 years? 2016 650(b)(2) Why do you give an exception to government agencies using public property? This doesn't make sense 2016 660(d)(3) What is the basis /justification for 1 year? Private property 2016 660(e)(1) What is the basis /justification for 1 year? Private property 2016 660(e)(2) What is the basis/ j ustification for 1 ear? Private prope Page 5 of & 2016 670(b) What is the projected impact of these rules on Private property p ro pert values and on tax revenues 2016 670(d)(1) What is the projected cost of implementing this Cost requirement (replacement of dock deckmg) 2016 680(a)(2) This appears to be a criteria that is impossible to cost meet Anything "can be established" but at what cost'? This is too broad of a statement 2016 680(a)(4) This is impossible to meet as stated By definition Private property (see paragraph title) this structure does NOT meet SMP goals and policies This needs to be rewritten such that it can be com lied with 2016 680(a S What is the projected cost of this requirement? cost 2016 710(b)(5)(i) What is the expected/projected impact to property cost values and tax revenues of these rules (buffers and setbacks ) 2016 710(b)(9) Does this preclude /prohibit security fences for private Private property p roperty? 2016 710(b)(10)(m) This appears to preclude /prohibit building a new road or bridge to cross a waterway The policy needs to factor in bigger picture public good to allow such development even if not intended for water- dependent uses 2016 720(b)(1) What is the expected/projected cost of this plan cost (vegetation management)? 2016 720 1 vu What is the projected cost financial surety)? cost 2016 720(b)(1)(m) This is very open to interpretation as written It needs to be morespecific 2016 730(a ) What will it cost to prove the negative "no im act" T cost 2016 730(b)(2) This requires proving a negative, a near impossible Private Property task The applicant must prove that there will be no possible loss of ecological function The city should be required to prove that the application/permit will cause loss of ecological function in order to deny the application 2016 730(b)(3) At what cost Why doesn't the city have a burden of cost proof to show that the application does NOT meet re uirements 2016 730(b)(3) Why does the applicant have to prove this Why doesn't the city have to prove that the application fails to meet re uirements9 2016 740(a)(2) Protecting property rights should be included in item Private property 1 above also Who will protect property owners from lawsuits if they provide public access? Page 6 of& 2016 740(a)(5) " should implement . " makes this a requirement Private property You are forcing property owners to give up a piece of their property for public access. This violates p roperty rights and is "taking" of property by the ci 2016 740(b)(1) This violates private property rights It requires Private property property owners to give up a portion of their property for public access This is "taking" of private property This will increase cost to property owners and may /will decrease property values, causing a negative economic impact to property owners and decrease in tax revenues to the city. 2016 740(b)(2) At what cost These are huge cost drivers to private cost property owners and businesses that are required by this document to provide public access The descriptions in this section violate private property rights by requiring compliance in order to be issues a p ermit for the pro ect 2016 740(b)(4) This also violates private property rights There are Private property potentially huge cost drivers for property owners in cost the language in this section that will negatively impact property values. 2016 740(b)(5) The rules in this section constitute a "taking" of Private property private property to provide general public access This violates private pro rights 2016 760 This section/paragraph doesn't belong in a shoreline Private property management plan. It doesn't only apply to property within 200 feet of shoreline 2016 760(b) What is the expected cost of all of this Who will cost pay for it? From what funding source? 2016 770(a)(2) What is the impact to safety and security? This safety document requires (in many places) public access be provided to the shoreline yet in this section you propose possibly making the areas unsafe and/or unsecure at night 2016 780(a)(4) What is the potential impact to safety and security of safety the public in these unlighted parking areas? If you're going to provide public parking it better be safe and secure Figure 2016 790(b) What is the basis for these height restrictions? Private property Applying these restrictions may violate private p roperty rights 2016 820(a)(2) Why is aquaculture so limited? Why no fish farms? Private property cost Page 7 of 2016 820(b) This list of regulations appear to make it nearly cost impossible to ever get a permit for aquaculture 2016 830(a)(2) This (requiring public access) violates private Private property _p ro p erty rights and constitutes "taking" of prope 2016 850(a)(3) This violates private pro rights Private propert 2016 850(a)(4) What does this mean? How much Private property cleanup /remediation is required? It violates private cost p roperty rights What will it Cost? 2016 850(b)(5) Requiring public access violates private property Private property rights 2016 860(a)(3) Where this applies to a private facility it violates Private property p rivate pro rights 2016 860(b)(8) At what cost to private property owners to their cost p roperty values removal of covered moorage)? 2016 860(b)(9)(m) This doesn't appear to "fit" here This article (9) addresses "boating facilities" yet this subparagraph addresses "boat launch" 2016 870(b)(9) This paragraph (9) with it's subparagraphs does not make sense Here you say " exclude the public " but in subparagraph i you require public access. 2016 870(b)(10) This doesn't seem to make sense It appears to preclude boat launching from all places that you can launch a boat What access to the water is NOT included in this sentence? 2016 880(a)(3) Is this general public access? If so it violates private Private property property rights and constitutes "taking" of property for public use 2016 880(b)(7) This constitutes "taking" of private property for Private property p ublic use and violates private property rights 2016 890 The rules and policies in this section need to additionally consider the broader view of cost, efficiency, and effectiveness of these public facilities There must be a balance between protection of the shoreline and the public "good" of the facilities described 2016 890(a)(5) Does this preclude these utilities from crossing the cost shoreline to provide services to the other side of a waterway? If so, what is the protected cost of making the utility company "go around" to provide the services? 2016 890(b)(5) What is the projected cost of these acquisitions and cost "retainers"? What is the projected impact to tax revenues? Page 8 of 8 Testimony of Alan R Beam before the Bremerton City Council September 5 2012 Good Afternoon My name is Alan Beam and I live at the end of Jacobsen Boulevard Last time I talked to you about the possible economic effects of the proposed Shoreline Master Program Today I want to talk about the Non conforming issue First of all the purpose and intent of designating something as Non Conforming is to phase it out over a period of time No property owner wants to hear that their property is going to be phased out The only time the restrictions apply is when someone wants to improve their property This is a bad precedent to set The economic impacts associated redevelopment on the shoreline that I discussed last time were all triggered by the language in the plan restricting remodeling on non conforming properties (section 20 16 670) Furthermore onerous restrictions kick in even if the Buffers and Setbacks are not violated My property is classified as Shoreline Residential in the SMP with a Buffer width of 100 feet If I was to add a 20x25 foot garage (�h6 uuare feet) on the back of my property away from the water A 100% natural vegetative buffer would be levied to the first 25 feet of my property, (1875 square feet), over times the square footage of the garage I, like most waterfront property owners boilght their land for the enjoyment of the water and the view, and would greatly resent the loss of this property The loss of front footage is in no way proportional to the "impact" of developing square foot garage 9 , F I like most homeowners believe that we are good stewards of the environment and are willing to make sacrifices if there is an established scientific need The far and away largest source of pollution to the sound is stormwater runoff This is largely due to programs undertaken by cities such as Bremerton eliminating sewage overflows The city has shown scant evidence that residential lawns are a large contributor to the pollution problem The Shoreline Inventory and Analysis document (Section 4 2 2 10 Land Cover Development Page 4 -34) states "Process alterations and effects of developed land cover types are very similar to those for impervious surfaces..." Bioswales have been used for decades to mitigate pollution Equating residential lawn with concrete does nothing to enhance city credibility with the homeowner who is losing use of their front yard The Bremerton Shoreline and Inventory Analysis states "The nearshore and marine waters of the study area receive inputs of nutrients and organic matter from deeper ocean waters via estuarine circulation and mixing, from nearshore bottom sediments, and from adjacent uplands, streams, rivers, and groundwater seeps. In general, inputs from natural sources of nitrogen and phosphorus in Puget Sound are several orders of magnitude greater than anthropogenic sources. (Bremerton SIA section 4.1.3.3Page 4 -19) Why are you attacking our yards If and I say if, lawn fertilizing is a problem then a better approach would be to work with homeowners to find less polluting fertilizers Kitsap Alliance says thanks! Posted on November 2, 2011 by kapoadmin Kdsap Alliance of Property Owners would like to thank all parties involved in rejecting the idea that legally built homes should become legal but non - conforming due to changes in the County's Shoreline Master Program which are currently in the works. During a meeting of the County Commissioners on October 24, David Greetham and Patty Chamas of the Department of Community Development recommended a solution They asked the Commissioners to support staff moving forward on language that proposes to make existing residential and appurtenant structures °conforming ", consistent with SSB -5451. Substitute Senate Bill 5451 was adopted by the Legislature last April and signed into law by Governor Gregoire. Over the past several weeks, shoreline property owners have delivered petitions requesting this change to the County Commissioners with over 700 signatures Doug Lyons and Carl Shipley spearheaded the petition drive with the help of Kdsap Alliance members We are grateful to everyone who asked their neighbors to read and sign the petitions, and we are especially grateful to those who presented the signed petitions to the Commissioners so the voices of property owners could be heard ° Finally, we would like to thank the County Commissioners for hearing our voices and approving staffs recommendation that the county's Shoreline Master Program declare existing, lawfully built homes to be °conforming ". Jackie Rosswom, Executive Director Kitsap Alliance of Property Owners This letter of thanks was e- mailed to the Port Orchard Independent, the Krtsap Sun and the Kitsap Peninsula Business Journal I Charleston Chalking Incident after Downtown Chalking Event Taken: 08 -19 -2012 at 6:30pm Callow Alley /6 Intersection o � C+V COY arc av o z 0'� 4-13- 53 t 2�A o l d " 4 L . �a A � �4� �f o o a � � � {� r < i vy + .. x ..'4 to F a� °� _YCS ,� Q '° r • ` 7 o r o " y , dam^ o o K `'� '� �. ° " o O ,. - P , rw @ fl �-ns Private Property Parking Lot 6 & Callow L ^ �„` Y Eo Yea• ,. �r G ` +f µSf..,��,r'r}'• "d v.`�1 ° .s"AA j '' a $ ' V ` dyn � "`d �.. %,C` � :� ..���t'ra �.� ; � �'3. �''Lra.*.` ;'`• t y, S+ °'" j } d t #,a ' 4.a ? 1 fl, c - iG \'.X Y ". �i ! `t. t 'b s 'Lf. kT ✓ h r ., �t,' L^i>�' `'." -R cdlI ; .. ° `1 ` t'�,. r a t_ + 3'-� >" 4.� F �, v , r`", ° z• '�� y 2 =�..1 � . -3a7 �1 _a• < 9 ✓b• w � g T...h � fC 4' 1/ '�:?.. 6 ' � �l f s ""<' ..,. ^�,• Q `'1," '' 3r\ •+ i'�fl �o E3f,,,4 .{'•+ K =h 3 :@t e r, " :, a s. � ?!» � ! v Y, r f i a � '�.�, � �''� -r + b � 8 � c+"� . i M r " M r 7w+ oAG s' L n. �• ~:a' r "a aY z+: r G *`o t a;4:.it $. `„��esv� »;' e � �."¢"°"� r t,.:;c�� `` tgiM't.,�eF'LJ° x t • s }' .e; A� "6 �' ,`ti " �"id +�*e �`~"' .x +� .. ji " rht> a x +Y ` ��.':•4C: .`� ry.r }31u�a]� �r� r}ti,y o}� Ys� "ya J r tsa �� ryKY. ,t r'r: 1 •M'w4 �}'� C.r. a,a e. , -,^J, .. f y a`i a „J`�"L +f ° r. µw =#� .t.}, i ,+ L '�kw 'fi " " .i�.y {.` t :qyd.+, 2_ 'N+ +i - h e ro r ,.' ° L F ,.• x C Cr'C— , � ��� �. r `y . vP.. �•,'? �. 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F � " - � +'.�� r . `r�,.v ;rK,,.b'v ?� " q'F�;� •+,+� ti,r�_: + a ,'G �: yy�w r 'a:r, n� u i*'r' �'s `t , •,+ ►;.v • .'�, r J, t t ;a . v{• +a. .,�:s`�'' '• s1 s � v � � ` .tfr•i ta.e'..�'" xt "` 4f i , '; ; i�`C�a „ :1 c x �.i .+ = °,'�^�z.?�c.. ° �".s � 1.: Lv4" �: �'L' .a•_z.,a�_ a....�,... `' �.x Sidewalk 6� Ave at the Callow Alley Intersection 9_f Nn �.nt't sTSr' {Sjs�3'k , �f o �� P^1� ,"� P AT , ji, f rat of A Arm P oil A w 4 qq 1 0, .—ti I loo 4 s n� how pio IV, 7�4 0 1- 0 L Vol way q bare ' tv .t " t j "J 14 7_1 0.1 IM s. �:,, ��;� '�< ��: i�� . �,� .. � �_ � � _ �' �� r� �; ::" _ - art � �,,.,.�, —. r _ 1 r _ �` i sty `' x �. .�. `/ ''^� ��� � �r� � r: .. ��J ��. 1 � • I o Q 41 o r + �o n Q a� o i yh J 06 0'$�py y ° �u'� O � V ��� o � f✓� r p O tt Callow Alley Near 6 Intersection �I AGENDA BILL CITY OF BREMERTON CITY COUNCIL r■ rrrr■ r■■ r■■■■ rrrr■ r■■ r■■■ r■■■■■■ rr■■ r■■■■ r■■■■■ rrrrrrrrrrrrrr ■■rr■rr■ ■ror■■rrr■r■rr SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date September 5, 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 Ws 349800 through 350000 and EFT's 12100 through 12146 in the amount of $1,612,863; X3,71 2) Regular Payroll for the pay period ending August 15, 2012 in the amount of $712,032 04 3) Regular Payroll for the pay period ending August 31, 2012 in the amount of $745,019 87 4) Retiree Payroll for the pay period ending August 31, 2012 in the amount of $87,293 23 STUDY SESSION ACTION: ® Consent Agenda ❑ Ge eral Business ❑ Public Hearing COUNCIL PRESIDENT 9 � � v COUNCIL ACTION: DApprove ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 114/12 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 68 SUBJECT: City Council Minutes for COUNCIL MEETING Date. Department* Ci y Council /I L uT s i_ �r (� Presenter: Jim McDonald �'1 Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT- COUNCIL ACTION: [] ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, August 15, 2012 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 15, 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 Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, Adam Brockus, and Leslie Daugs Council Members Carol Arends and Nick Wofford were absent Also present were Assistant City Attorney Mark Koontz, City Clerk Shannon Conn, and Council Assistant Christine Grenier 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 Daugs followed by the invocation provided by Reverend Walter Le Coutour of the Kitsap Rescue Mission Mayor Lent introduced this year's Kure, Japan Exchange Students Ring Ikoma Mana Doho and Ryohei Kono thanked their host families Barbara & John Gard Jean & Rick Yager and Nikki & Norm Haas and thanked longtime organizers Elaine Valencia and Robert & Pamela Battin for another successful year SHORELINE MASTER PROGRAM UPDATE Nicole Floyd City Planner II, Community Development, provided a presentation on the Shoreline Master Program Update regarding "Shoreline Modifications" More information including the schedule of presentations can be found at SMPOa 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 PUBLIC RECOGNITION Alan Beam provided a letter for the record, and expressed concerns about the economic impacts and restrictions that would affect homeowners by the proposed code changes for bulkheads Phillip Sutton thanked Todd Best for organizing the clean -up at the Tomb of the Unknown Soldier at Ivy Green Cemetery, and encouraged the community to become involved Cheryl Stauff read a letter on behalf of Mark Moshay also thanking and recognizing volunteer work done by Todd Best Robert Parker hoped that the Council would focus on reaching out to the community and take on other projects to make Bremerton safe JD Sweet also volunteered at the clean -up and personally thanked Todd Best for inspiring folks to get involved, and encouraged city leadership to become pro - active H. Emily Moshay agreed with comments about Todd Best, and has contacted Wyn Birkenthal, Parks & Recreation Director, to help her organize a clean -up of the roundabout at Park Avenue Mario Amaya also volunteered at the clean -up, and repeated comments regarding Todd Best's energy and motivating spirit City Council Reg Mtg Minutes Wednesday, August 15, 2012 Page 2of6 MAYOR'S REPORT Mayor Patty Lent • Acknowledged community volunteers for recent work on the Tomb of the Unknown Soldier at Ivy Green Cemetery and presented a "Mayor & City Council Honor Award" to Todd Best for organizing the work party, Mario & Ofelia Amaya (El Balcon) and Cheryl & Don Stauff (Boston Don's Pizza) for their generous donations to feed hungry volunteers, Jeff White Lawrence Pugh and A. Carole Dawson for providing Pepsi and water from Bremerton Bottling Company, and Christopher Douglas for providing supplies from Lowe's Home Improvements, • Thanked Scott Prior President and CEO of Connection Credit Union, for his generous offer to host the City Picnic this year, and announced the Credit Union is now located inside the Bremerton Fire Station at 911 Park Avenue, and also has locations in Silverdale and Port Orchard, • Hoped the public was able to attend the West Sound Safety & Health Expo held earlier today, and also encouraged attendance tomorrow from 8 00 AM to 2 00 PM at the Kitsap Conference Center and along the Louis Mentor Boardwalk, • Invited the public to the "Take A Walk in Her Shoes" Walk & Auction on Saturday, September 8 that would begin at 5 00 PM at the Amy Burnett Gallery at 408 Pacific, and end at the Admiral Theater for a shoe auction, wine, hors d'oeuvres, and music, with all proceeds to benefit the YWCA, • Announced that the 1st Annual Marvin Williams Golf Classic Tournament will be on Friday, August 17 at McCormick Woods Golf Course in Port Orchard to raise money for a new teen community center in West Bremerton, • Looked forward to the Blackberry Festival on the Boardwalk on September 1, 2, & 3 and displayed a map with street closures that would take place that weekend, • Congratulated Nathan Adrian on his recent gold medals in swimming events at the 2012 Olympics in London and hopes to have more details on celebrating his success, and • Was pleased to report that work on 11 Street should be finished tomorrow and the entire detour removed by 5 00 PM CONSENT AGENDA City Clerk Shannon Corm announced that former General Business "Item 8A" was brought up to the Consent Agenda as "Item 6G" 6A Check Numbers 349595 through 349799, and EFT -12066 through EFT -12099 in the amount of $2,174,871 08, Regular Payroll for the pay period ending July 31, 2012 in the amount of $737,717 80, and Regular Payroll Pay Outs for the pay period ending July 31, 2012 in the amount of $16,469 59 6B Minutes of Meeting — August 1, 2012 6C Minutes of Study Session — August 8, 2012 6D Professional Services Agreement with MWH Americas, Inc for design of the "Warren Avenue Bridge Water Main Replacement and Flow Control" Project 6E Resolution No 3178 adopting the South Kitsap Industrial Area (SK1A) Corridor Plan 6F Award Contract to RV Associates for Construction of the , 11 th Street & Warren Avenue Intersection Improvements" Project 6G Lease Agreement between the City of Bremerton and Connection Credit Union City Council Reg Mtg Minutes Wednesday, August 15, 2012 Page 3of6 There were no comments from the public 06:24:15 M /S /C (Runyon/Wheeler) Move to approve the CONSENT AGENDA as presented Voted in favor of Motion Daugs, Runyon, Wheeler, Flemister, Younger Abstained Brockus Motion carried 6 -Yes, 1- Abstention PUBLIC HEARINGS 7A — ORDINANCE NO 5192 GRANTING A SIX (6) MONTH EXTENSION ON THE EXISTING MORATORIUM FOR MEDICAL MARIJUANA COLLECTIVE GARDENS Allison Daniels Community Development Department, emphasized that the action before the City Council is to conduct a public hearing and enact a six (6) 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 She established that 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 if requesting that the City Council pass the six (6) 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 changes to the BMC are considered for addressing medical marihuana issues President McDonald opened the public heanng for comments, with no comments, the hearing was closed to the public and opened to the Council 06:26:40 Motion to pass the ordinance was made by Flemister, and seconded by Runyon Comments were provided by Brockus and Runyon 06:28:35 M /S /C /U (Brockus /Runyon) Move to approve Ordinance No 5192 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 Marijuana Collective Gardens GENERAL BUSINESS 8A — RESOLUTION NO. 3177 RELATING THE CITY OF BREMERTON'S COMMITMENT TO PROVIDE SEWER SERVICE TO ADJACENT URBAN GROWTH AREAS (UGAs) Ned Lever, Public Works & Utilities, summarized that this proposed resolution identifies the City's ability and commitment to provide sewer service to the adjacent Urban Growth Areas (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 There were no comments from the public 06:29:50 Motion to pass the resolution was made by Brockus, and seconded by Flemister City Council Reg Mtg Minutes Wednesday, August 15, 2012 Page 4 of 6 Comments were provided by Brockus and Runyon 06:31:45 M /S /C /U (Brockus /Runyon) Move to pass Resolution No 3177 relating to the City of Bremerton's Commitment to provide Sewer Service to adjacent Urban Growth Areas 813 — 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 Becky Hasart Financial Services Director, pointed out that 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 Mick McKinley former Assistant Fire Chief, hoped Council would not support these changes because it would subject the Chiefs to political motivation, and called this move a power grab Todd Best believed that department heads are part of the Mayor's cabinet, and hoped this change would help improve morale among departments Don Stauff echoed Mr Best's comments, and thanked Ms Hasart for explaining the changes Robert Parker encouraged Council to put trust in the Mayor by making the Chiefs at -will employees 06:43:55 Motion to approve the ordinance was made by Runyon, and seconded by Flemister Questions and comments were provided by Runyon, Younger, Daugs, Brockus, Wheeler, and Flemister, and responses were provided by Financial Services Director Becky Hasart and Human Resources Manager Charlotte Belmore 07 M /S /C (Runyon /Flemister) Move to approve Ordinance No 5190 removing the positions of Fire Chief and Chief of Police from the Civil Service System Voted in favor of Motion Wheeler, Flemister, Younger, Brockus, Runyon, McDonald Voted opposed to Motion Daugs Motion carried 6 -Yes, 1 -No 8C — ORDINANCE NO. 5191 PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION (LTGO) REFUNDING BONDS FOR THE rBREMERTONI NORM DICKS GOVERNMENT CENTER; AND DELEGATING AUTHORITY TO THE DIRECTOR OF FINANCIAL SERVICES TO APPROVE THE FINAL TERMS OF THE BONDS Becky Hasart Financial Services Director, explained that 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 Building These bonds can begin to be redeemed on July 1, 2013 Based on 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 million in bonds in any given year This issue should be a little City Council Reg Mtg Minutes Wednesday, August 15, 2012 Page 5 of 6 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 proposed 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 There were no comments from the public 07:17:30 Motion to approve the ordinance was made by Brockus, and seconded by Runyon Questions and comments were provided by Brockus, Younger, Runyon, and Wheeler, and responses were provided by Financial Services Director Becky Hasart Ms. Hasart thanked staff in the Finance Department for their hard work on this issue 07:21:20 M /S /C /U (Brockus/Wheeler) Move to approve Ordinance No 5191 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 COUNCIL MEMBER REPORTS Eric Younger looked forward to opportunities to recognize Olympic athlete Nathan Adrian, and is pleased that athlete Marvin Williams is coming back to contribute to Bremerton Faye Flemister found the Ivy Green Cemetery Clean -Up a very positive and uplifting event, and invited the public to attend the Capital Campaign Kick -Off event for the "Marvin Williams Youth Recreation Center & New Life Community Centel" tomorrow at the New Life Community Development Agency located at 802 7 th Street (7 & Park) beginning at 5 00 PM Greg Wheeler echoed the comments made by Ms Flemister, and enjoyed attending the Pacific Northwest Interclub Championships hosted by the Bremerton Figure Skating Club the Ice Arena last weekend Roy Runyon encouraged attendance at the Classic Yacht Rendezvous to be held at the Bremerton Marina this Friday through Sunday, Events will include Music on the Boardwalk on Friday, Wine Festival and Artwalk on Saturday and Farmers Market on Sunday Adam Brockus announced that Manette Fest will be held on September 8 on East 11 Street with details coming soon, Blackberry Festival over Labor Day Weekend, the next District 3 Meeting would be held on Tuesday, August 28, and he thoroughly enjoyed attending a game today for the Babe Ruth World Series and encouraged everyone to attend a game if they could Leslie Daugs really enjoyed the Ivy Green clean -up, thanked sponsors, and looked forward to future events City Council Reg Mtg Minutes Wednesday, August 15, 2012 Page 6 of 6 Jim McDonald read a statement and birthday wish from Jack Arends, son of Council Member Carol Arends, announced the Council Members would be participating in a tour of the "Port of Bremerton Olympic View Industrial Park" and 'Bremerton National Airport" hosted by the Bremerton Port Commissioners on Wednesday, August 29 at 5 00 PM, and that a Special Meeting of the Transportation Benefit District (TBD) Board would be held following the Council Meeting tonight (following a 10- minute break), and that the public was welcome to attend With no further business, President McDonald adjourned the Council Meeting at 7 33 PM Preps d and Submitted by CHRISTINE GRENIER Council Assistant Attest SHANNON CORK City Clerk JIM McDONALD, City Council President JMSCIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ...... ................................................... ............................... SUBJECT: City Council Minutes for COUNCIL MEETING Date- Se&'p -tuber^ 5 , an Department City Council S2SSi OY� Presenter. Jim McDonald Iq kl Li S + 22 20 12 Council President Phone. (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount) N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES August 22, 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 22, 2012, at 5 00 PM, with Council President Jim McDonald presiding Council Members present were Nick Wofford, Eric Younger, Faye Flemister, Greg Wheeler, Roy Runyon, and Adam Brockus Council Members Leslie Daugs and Carol Arends 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 comment A. NO PRESENTATION PLANNED - The following items are budgeted items or have been reviewed by the appropriate Council Committee 1 Bid Award to PRC Maintenance & Construction, Inc for Fire Station No 2 Composition Roof Replacement — Chal Martin, Director of Public Works & Utilities Consent Agenda 2 Proposed Ordinance to amend Chapter 1 06 of the Bremerton Municipal Code (BMC) relating to Public Records — Shannon Conn, City Clerk Consent Agenda B FULL DISCUSSION ITEMS 3 Shoreline Master Program Presentation "Nonconformities" — Nicole Floyd, City Planner ll, Community Development Department (Information only) 4 Presentation on Fireworks — City of Bremerton Fire Chief Al Duke (Information only) 5 Real Estate Purchase & Sale Agreement and Amendment Nos 1 and 2 for sale of Park Avenue Pad to Lorax Partners, LLC — Gary Sexton, Project Manager (Due to an added Parking Agreement, Agenda Bill will go back through Signature Process) General Business 6 Professional Services Agreement with AECOM for the Gorst Creek Watershed Comprehensive Plan — Thomas Knuckey, City Engineer, Public Works & Utilities Department Consent Agenda 7 Proposed Resolution renaming Sumac Street to Nathan Adrian Drive — Mayor Patty Lent, and Gunnar Fridriksson, Traffic Engineer (A "ceremonial vote" was taken by the Council in attendance... Support in favor was unanimous) Consent Agenda 8 Briefing on Proposed Golf Course Agreement with Columbia Hospitality — Roger Lubovich, City Attorney, and Becky Hasart, Finance Director (Information only) C GENERAL COUNCIL BUSINESS Council Committee Chair Reports were provided, and General Council Business was briefly discussed, which included briefings on the "Graffiti Abatement LEAN Process" by Heather Kauer Community Development Assistant Director, and on "Bond Ratings" by Bec Hasart Financial Services Director, With no further business, the Council Study Session was adjourned at 710 PM City Council Study Session Minutes Wednesday, August 22, 2012 Page 2 of 2 Prepared and Submitted by �wcs;k� LORI SMITH Legislative Assistant Attest SHANNON CORIN, City Clerk JIM McDONALD, City Council President JM•SC Is cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■ee ass eeeee■ ■ee■ ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeee t�/d /'✓drvt 7b SUBJECT: ¢'RG l Study Session Date August 22, 2012 Fire Station #2, Composition Root � MEETING Date September 5, 2012 Replacement Department PW&U Presenter Chal Martin Phone 473 -5315 SUMMARY: Call- For -Bids was prepared, advertised, distributed and received in accordance with City Bid Procedures Five (5) bids were received The lower bidder is PRC Maintenance /Construction Inc, Rochester, WA ATTACHMENTS: Bid Tabulation Form FISCAL IMPACTS (Include Budgeted Amount) Included in the 2012 Facilities Budget APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR MAYOR b RECOMMENDED MOTION: That the City Council approve the low bid of PRC Maintenance /Construction Inc and authorize the Mayor to finalize and execute the contract for the Fire Station #2 — Composition Roof Replacement, subject to City Administrative Policies and Procedures STUDY SESSION ACTION: [Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT a - �, *L COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 CITY OF BREMERTON BID TABULATION Fire Station #2 Composition Roof Rep lacement NA a ftm -e a' August 13, 2012 t ev, OPM `7 - 1 ov�ih e 7�P I& Alf PA OW BIODER / ENGINEER ESTIMATE (INC SALES TAX) $40,000 SE OW R t 9 2 - 7 OW TH2D r� 00 AGENDA BILL CITY OF BREMERTON CITY COUNCIL (0 ......................................................... ............................... SUBJECT: Ordinance No 51 amending Study Session Date 8/22/12 Chapter 106 of the Bremerton Municipal COUNCIL MEETING Date 9/5/12 Code relating to public records Department City Clerk Presenter Shannon Conn Phone 473 -5323 SUMMARY: The attached ordinance is a housekeeping measure RCW 42 56 230 and RCW 82 32 330 exempt specific confidential and proprietary taxpayer information from public disclosure In order for the City to be in compliance with the State statute, we need to align our BMC exemption with those found in RCW 42 56 230 and RCW 82 32 330 ATTACHMENTS: Ordinance No 6143 FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY G L� FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve Ordinance No amending Chapter 1 06 of the Bremerton Municipal Code relating to public records STUDY SESSION ACTION: [Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT - 1 ?1 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Upoated 11/0212011 ORDINANCE NO. 5 l 9 3 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 106 of the Bremerton Municipal Code relating to public records WHEREAS, the current provisions of Chapter 106 of the Bremerton Municipal Code relating to public records do not address confidentiality relating to business and occupation tax returns and other tax information, and WHEREAS, the City Council desires to update the provisions of BMC 106 to provide that City business and occupation tax information is confidential, privileged, and subject to disclosure pursuant to RCW 82 32 330, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS. SECTION]. Chapter 106 of the Bremerton Municipal Code entitled "Public Records" is hereby amended to add a new section, Section 106 110 to read as follows 1.06.110 Return or Tax Information. Business and occupation return and/or tax information is confidential, privileged and subject to disclosure in the manner provided by RCW 82 32 330 SECTION 2. Severabdgy If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect SECTION 3. Effective Date This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2012 JIM McDONALD, Council President Approved this day of , 2012 PATTY LENT, Mayor 1 Public Records ATTEST. APPROVED AS TO FORM SHANNON CORIN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of , 2012 EFFECTIVE the day of , 2012 ORDINANCE NO R \Legal \Legal \Ordinances\Finance\Public Records (B &O tax exemption) doc 2 Public Records I AGENDA BILL CITY OF BREMERTON _ CITY COUNCIL SUBJECT: Professional Services Study Session Date August 22, 2012 Agreement with AECOM for the Gorst Creek COUNCIL MEETING Date September 5, 2012 Watershed Comprehensive Plan Department PW &U Presenter Tom Knuckey Phone 473 -2376 SUMMARY: The City has accepted $659,477 47 in grant funding from the United States Environmental Protection Agency (EPA) to develop a Comprehensive Plan, adopt land use regulations, and guide sustainable development within the Gorst Creek Watershed An initial contract was executed with Parametnx in January of 2011 for $589,993 to complete the project The contract was partially completed by Parametrix, and a total of $193,275 was billed, prior to terminating the contract due to the resignation of the project manager (Changed firms to AECOM) The requested action before Council is approval of a contract with AECOM for $560,675 to complete the development of the Gorst Creek Watershed Comprehensive Plan ATTACHMENTS: 1) Council Summary, 2) Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount) This project is budgeted and has a 3 -year term with a total project cost of $879,769 APPROVALS: DEPARTMENT DIRECTOR �S CITY ATTORNEY FINANCE DIRECTOR MAYOR RECOMMENDED MOTION: Move to approve the Professional Services Agreement with AECOM for the Gorst Creek Watershed Comprehensive Plan in the amount of $560,675, and authorize the mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: VConsent Agenda ❑ General Bu iness El Public Hearing COUNCIL PRESIDENT 9, fw � COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 COUNCIL SUMMARY GORST CREEK WATERSHED COMPREHENSIVE PLAN • PROFESSIONAL SERVICES AGREEMENT WITH AECOM PROJECT SUMMARY The City is the lead agency developing a comprehensive watershed plan for sustainable development and restoration of the Gorst Creek watershed The City was initially delivering the project with assistance from Parametrx, along with support from several partners including Kitsap County, the Kitsap County Health District, Ecology, Fish and Wildlife, Port of Bremerton, West Sound Watershed Council, Sustainable Bremerton, and Pat & Cheryl Lockhart The project consists of the following major tasks- 1 Watershed Characterization Study — identify critical areas and areas with high ecological value to be protected, and also identify areas to be developed The output from this initial study is used in all deliverables 2 Land Use Plan and Regulations — develop a Land Use Plan for the Watershed, and development regulations to be adopted by the City and Kitsap County 3 Planned Action EIS — complete an EIS to establish baseline /no permit action criteria for development This will facilitate development by streamlining the permit process 4 Stormwater Plan — this plan will identify and prioritize existing surface water issues 5 Capital Improvement and Corrective Action Plan — the CIP will identify deficiencies and ensure necessary infrastructure is identified to accommodate growth The task includes pre - design for correction of the existing Gorst Landfill, and a fish impeding culvert on Gorst Creek 6 Outreach and Information Transfer Program — conduct a series of meetings and development of handouts to convey findings of the plan Due to significant staffing changes within the City of Bremerton, there is a need to transfer scope from City staff to the consultant The City negotiated a revised scope and budget with Parametrx The proposed amended contract was intended to be presented for council consideration on June 6, 2012 On May 23` City staff was notified that the Project Manager from Parametnx, Bill Webb, was changing firms and would be employed by AECOM Due to the level of involvement of this Project Manager, it was concluded by all parties involved (City staff, Michelle Wilcox with the EPA, and Parametnx) that the project should follow the project manager to AECOM to maintain continuity and avoid repeating work already completed Following consultation with Parametnx, a project termination letter was sent terminating the contract The following table shows the work completed by Parametnx and the remaining budget left to be applied to the project City of Bremerton Gorst Creek Watershed Planning Grant January 2011 Task Total Billed By Original Budget Budget Left from Parametrix Original Contract 1 $102,680 $90,091 . $12,589 1 2 $26,654 $81 $54 3 $1 $186,349 $184,394 4 $21 $64 $42,658 5 $23 $120,946 $97 6 $16,309 $46 $30,202 Total $193,275 $589,993 $396,718 Note 1— The cost overrun for task 1 was due to an unexpected, increased effort to incorporate and utilize the modeling program provided by EPA Additionally, portions of the modeling program were not functional and work had to be completed by hand As indicated by the above table, Parametrix was successful in providing the majority of the deliverables for task 1 as originally contracted for, while providing initial groundwork for each of the remaining tasks Additional modeling in support of the remaining tasks, under Task 1, is necessary for project completion When the project was originally scoped, significant workload was intended to be completed by City staff, with these costs used as match to the grant Remaining grant match was (and still is) intended to come from donated labor from our partners This work scope delivery is identified in the original contract with Parametrix City staff changes from 2011 result in an inability of existing staff to complete all work products committed to in the original contract Staff has coordinated with the Consultant and EPA to reduce scope from several work tasks, and transfer scope to the Consultant The proposed contract with AECOM reflects the following changes from the original scope of work with Parametrix Task Mayor Change (other minor revisions also made) City Labor Consultant Decr hrs Cost Incr 1 Hydraulic modeling and analysis transfer to AECOM 257 $38,432 2 Eliminated Market Analysis, & AECOM lead on LUP 452 $40,660 3 EIS scope reduced to reference existing studies 256 $22,498 4 Elim'd COMSOL model AECOM lead on other scope 398 $28,468 5 Consolidated meetings, AECOM lead on other scope 134 $10 6 Consolidated meetings and reduced deliverables 344 $23,006 Total 1,841 $163,957 Consultant cost increases shown on the preceding table incorporate all proposed costs from both the Parametrix and AECOM contracts City of Bremerton Gorst Creek Watershed Planning Grant January 20 71 Adding in the scope and budget that remained from the original Parametrix contract results in the following AECOM Budget Task Description AECOM Budget 1 Watershed Characterization $25,843 2 Land Use Plan and Development Regulations $95,654 3 Planned Action EIS $206,892 4 Stormwater Plan $71,126 5 Capitol Improvement and Corrective Action Plan $107,952 6 Outreach and Information Transfer $53,208 TOTAL $560,675 FISCAL SUMMARY General Adjustments to the specific cost categories are required, but the overall total project budget (bottom line) does not change. This project was budgeted into a separate fund in 2011 No additional budget authorization is required as a result of this amendment. Project costs include consultant fees, City labor, donated labor from partners, and software The change in project costs as a result of the changes follows COST CURRENT GRANT AMENDED CATEGORY SCOPE GRANT SCOPE Consultant $589,993 $753,950 Contracts City $196,655 $73,580 Labor Partner $73,121 $42,239(2) Labor Software $20,000 $10,000 Total $879,769 1 $879,769 Notes 1 The EPA Grant reimburses all project costs (including donated labor from project partners) at 74 96% to a maximum of $659,477 2 All partner labor is used as grant match, and all labor is donated except WDFW which requires 50% reimbursement ($14,442 maximum reimbursement) Total partner match of $42,239 is required to obtain all grant reimbursement, however, total partner match projected is $156,000 City oJBremerton Gorst Creek Watershed Planning Grant January 2011 PROFESSIONAL SERVICES AGREEMENT GORST CREEK WATERSHED COMPREHENSIVE PLAN — CONTRACT WITH AECOM The City of Bremerton ( "City ") and AECOM ( "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 June 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 $560,675 Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule Upon receipt of a conforming billing statement, the City shall promptly process payment PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein The Consultant's labor rates and billing fees shall be as delineated in Exhibit C Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/AECOM Gorst Creek Watershed Comprehensive Plan Page 1 of 6 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub - Consultants of the Consultant Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub - Consultants during the performance of this Agreement The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges ansing from the delinquency, from any payments due Consultant V. Indemnification: Consultant shall 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, ansing out of or in connection with the performance of this Agreement, to the extent caused by the negligence 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 ansing 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/AECOM Gorst Creek Watershed Comprehensive Plan Page 2 of 6 VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub - consultants or sub - Consultants Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage, and 2. Commercial General 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 the 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 WA98337 within two days of cancelation, 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/AECOM Gorst Creek Watershed Comprehensive Plan Page 3 of 6 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 fiumshed in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B Ownership and Use of Records and Documents- Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Seattle Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable tunes for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City Any reuse by the City for other than the specific purpose intended will be at City's sole risk C Work Performed at Consultant's Risk Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub - consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work The Consultant shall perform the work authorized under this Agreement at its offices in Seattle, 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/AECOM Gorst Creek Watershed Comprehensive Plan Page 4 of 6 E Entire Agreement- This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement F. Severability. Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G Modification This Agreement may only be modified by written instrument signed by both Parties H Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st 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 - 100 Oyster Bay Avenue North 710 Second Avenue, Suite 1000 Bremerton, WA 98312 Seattle, WA 98104 I. Waiver Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision Waiver of any right or power ansing out of this Agreement shall not be deemed waiver of any other right or power. J. Non - Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect 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 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 Bremerton/AECOM Gorst Creek Watershed Comprehensive Plan Page 5 of 6 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 seventy PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay B Rights Upon Termination In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant CITY OF BREMERTON CONSULTANT By. Patty Lent By: its- Mayor its Date- Date Approved as to form Attest Bremerton City Attorney City Clerk Bremerton/AECOM Gorst Creek Watershed Comprehensive Plan Page 6 of 6 EXHIBIT A — SCOPE OF WORK City of Bremerton Gorst Creek Watershed Comprehensive Plan BACKGROUND Specific components of the work for the period of this contract include • Task 01 Watershed Characterization • Task 02 Land Use Plan and Development Regulations • Task 03 Planned Action EIS • Task 04 Stormwater Plan • Task 05 Capital Improvement and Corrective Action Plan • Task 060utreach and Information Transfer Each task is described in detail below including objective, activities, assumptions, and deliverables specific to each task Project management will be performed within each task by the Project Manager (PM) and individual Task Leads The Project Manager will also manage the overall project including scope, schedule, and budget Task 01 — Watershed Characterization The purpose of the Watershed Characterization (WC) is to develop information to support the Land Use Plan, Environmental Impact Statement (EIS), Stormwater Plan, and Capital Improvement Plan (C1P) for the Gorst Watershed AECOM will perform limited HSPF modeling for stormwater management planning and participating in incorporating characterization results in plans and policies (land use, stormwater, transportation, and landfill), using the existing Final WC AECOM will perform modeling with assistance from EPA to optimize stormwater BMPs within the basin Approacb AECOM will provide GIS and technical assistance along with EPA and Ecology for modeling the Gorst Watershed as requested on a time and materials basis Task Roles and Responsibilities • Ecology (Stephen Stanley, Ecology Lead) characterization will assist with HSPF modeling based on the existing Watershed Characterization Report • City (David Tanner, City Lead) Provide GIS data layers for City utilities - stormwater, water /wastewater, roads, other utilities, assist with HSPF and SUSTAIN modeling for stormwater management planning, participate in incorporating characterization results in plans and policies (land use, stormwater, transportation, landfill). C1ry of Bremerton 233 -1896 -096 Scope of Work 1 June 2012 Gorst Creek Watershed Comprehensive Plan • Kitsap County provide GIS data from Kitsap County nearshore assessment, local habitat assessment, and other relevant County planning efforts, participate in incorporating characterization results into land use plans and policies • EPA (Dino Marchellonus) will assist with SUSTAIN modeling efforts based on the existing Watershed Characterization Report Subtask 1.1 —HSPF and SUSTAIN Modeling Activities AECOM will assist EPA and Ecology with data collection and interpretation of the HSPF and SUSTAIN models Tasks may include • HSPF model setup and coordmation with SUSTAIN modeling • Calibration of HSPF model • Draft Technical Memorandum (TM) describing calibration and results • Final TM following City and review of draft • GIS support for evaluation and interpretation of relevant characteristics to support the hydrologic evaluation of the Gorst Watershed as directed by the City (the purpose of this work is to provide GIS services to support modeling efforts for the Gorst Watershed Characterization Report due to model deficiencies caused by EPA software failure) Assumptions • AECOM will lead HSPF modeling efforts, subject to existing budgets • AECOM will lead SUSTAIN modeling efforts, subject to existing budgets • Consultant shall compile the GIS data layer(s) for the stormwater pipe system, data to be sufficient for use in the SUSTAIN model Information may include pipe locations, diameters, invert elevations, and slope • Consultant shall help coordinate HSPF modeling and SUSTAIN modeling with EPA and Ecology to produce the outputs needed for the LUP /stormwater /CIP tasks • Consultant shall provide the following GIS data layers to be used with HSPF and SUSTAIN Gorst watershed boundary, land use, digital elevation model, and stream network • Consultant shall develop GIS data layers for Gorst sub -basin boundaries, based on information provided by the City • With the exception of the GIS support for the Watershed Characterization Report, the Task 12 activities will be performed concurrent with Task 4 • No changes are required of the Quality Assurance Project Plan (QAPP) for the SUSTAIN model which was submitted to EPA by the City in 2011 Deliverables City of Bremerton 233 - 1896 -096 Scope of Work 2 June 1011 Gorst Creek Watershed Comprehensive Plan The following deliverables will be submitted under this subtask • GIS support and associated documentation for the Watershed Characterization Report • Draft TM describing model calibration and results • Final TM with calibrated HSPF model Subtask 1.2 — SUSTAIN Model All tasks are incorporated under Subtask 1 1 TASK 02 — LAND USE PLAN AND DEVELOPMENT REGULATIONS The City of Bremerton desires a comprehensive plan for the Gorst Creek Watershed that provides land use policies and regulations reflecting a science -based approach to watershed ecological functions and habitat protection. Based on the watershed characterization study, stormwater and capital facility constraints and opportunities, available market/economic information, as well as the outreach and information transfer program The City of Bremerton will support the Consultant team as the lead responsible for developing a land use plan The Consultant team shall support the City of Bremerton in the development of land use regulations to identify suitable areas for growth as well as areas for protection and conservation The Consultant's tasks will include developing land use strategies, leading the community visioning effort, developing land use alternatives and a preferred alternative, developing a comprehensive plan, and supporting development of a zoning ordinance Consultant role will be to facilitate internal team workshops generating principles and range of land use concepts, prepare policy papers on key topics, prepare GIS maps of land use alternatives, and peer review City draft plans and regulations Consultant will support the City at public outreach and legislative meetings as appropriate Subtask 2.1 — Develop Project Outline Objective • Assess possible future development allowed by the code, and appropriate organization and topics for future regulations Activities The following activities will be conducted by Consultant as part of this subtask • Review City and County plans and codes • Develop a plan and regulatory outline for review by the City and County Deliverables The following deliverables will be submitted under this subtask Plan and regulatory outline City of Bremerton 233 -1896 -096 Scope of Work 3 June 2012 Gorst Creek Watershed Comprehensive Plan Subtask 2.2 — Land Use, Environmental, and Infrastructure Analysis Objective Link watershed characterization and infrastructure analysis to land use planning efforts, develop land capacity and urban growth boundary data, and provide a basis for preparation of guiding principles and development of community visions towards the land use plan Activities The following activities will be conducted as part of this subtask • Review the watershed characterization (Task 1) and stormwater and facility inventories, opportunities, and constraints (Tasks 4 and 5) • Prepare a single white paper that addresses the following topics 1 Summary of key findings of the watershed characterization and infrastructure studies 2 Land capacity analysis for areas determined developable in the watershed 3 Comparison of UGA boundaries to the watershed subareas determined suitable for development, consistency analysis with County and City plans, and recommendations for plan and EIS study area boundaries 4 Recommendations for land use strategies including conceptual permit pathways and performance standards for different areas of the watershed Consultant will provide GIS services consistent with local land capacity approach The Consultant will prepare a final white paper following City, County, and other partner agency reviews Assumptions See Task 2 General Assumptions Deliverables The following deliverables will be submitted under this subtask White paper addressing topics outlined above Subtask 2.3 — Land Use Concepts and Regulations Objective To develop land use concepts and regulations that will serve as a basis for the subarea plan and for testing alternatives in the EIS To educate residents and property owners about the watershed and land use planning effort, provide guiding principles for community review obtain community visions for the future of the area, prepare a range of land use concepts that illustrate different potential pathways to achieve the vision for the subarea, and support land use concepts with policy statements City of Bremerton 233 -1896 -096 Scope of Work 4 June 2012 Gorst Creek Watershed Comprehensive Plan Activities The following activities will be conducted as part of this subtask • Consultant shall conduct a public "Community Visioning" workshop to introduce the project and to affirm and modify guiding principles • Consultant shall lead a charette style meeting for City, County, and other agency partners to brainstorm two land use concepts that meet guiding principles and community vision statements Consultant will prepare base maps for the charette, and, following the charette, will prepare maps of land use concepts Consultant, City and the County will prepare coordinated draft plan policies and regulations To support the process, Consultant will prepare a policy memo addressing sustainable development tools and flexible development standards (e g, height or density bonuses, transfer of development rights (TDR) options and other incentives to achieve watershed goals • Consultant shall prepare a draft policy memo that describes each alternative land use concept The City will peer review it Deliverables The following deliverables will be submitted under this subtask • Final Guiding Principles • Base maps for the charette and maps of land use concepts • Policy memo addressing sustainable development tools and flexible development standards • Draft policy memo describing each alternative land use concept Subtask 2.4 — Preferred Alternative /Proposed Plan Objective Following public review of draft alternatives, use public and decision -maker input to craft a preferred alternative and proposed plan Develop a preferred land use concept around which a plan can be developed Based on the preferred land use concept and input on draft plan(s), develop refined policies and regulations Create a "hearing draft" of the plan (draft to present to the County Commissioners, and City Council) that includes policies and regulations Activities The following activities will be conducted as part of this subtask • Following the publication of the draft EIS and its findings, the Consultant, with support by the City and County, will develop a preferred alternative that is in the range of the EIS alternatives through facilitation of an internal team charette City and County will peer review the proposed City of Bremerton 233 -1896 -096 Scope of Work 5 June 2012 Gorst Creek Watershed Comprehensive Plan plan and regulation documents Consultant shall present the preferred alternative at a workshop ,jointly attended by the City and County • For the preferred alternative, Consultant shall lead the preparation of associated policies and regulations, amending the prior draft plan City and County will peer review • Consultant shall lead a public workshop attended by the County and City to present the preferred alternative to a ,joint City- County legislative workshop Consultant shall provide refinements to the preferred alternative as it is prepared for hearings • Consultant shall additionally attend a meeting of the Bremerton Planning Commission to present the draft policies and regulations Following the legislative workshop, Consultant shall revise the preferred alternative plan, policies and regulations. The City and County will peer review Deliverables The following deliverables will be submitted under this subtask • Proposed preferred plan • Alternative GIS maps • Proposed preferred policies and regulations • Revisions of preferred alternative plan, policies, and regulations Subtask 2.5 — Adoption Process Objective Shepherd the draft, preferred, and hearing -draft land use concepts, policies, and regulations through a public review process Activities The following activities will be conducted as part of this subtask • Hearing Consultant shall provide GIS services to prepare maps for the hearing draft, and will prepare the draft with assistance from the City and County Consultant shall provide up to two one -staff persons to support the City and County at up to one public meeting during the adoption process The City will present the hearing draft plan • Advisory Committee Meetings Consultant shall attend up to four advisory committee meetings related to the draft plan Consultant's role will be to assist in preparing presentations and to be available as a resource for questions The City will take the lead on the meeting preparation, facilitation, and other logistics City of Bremerton 233 - 1896 -096 Scope of Work 6 June 2012 Gorst Creek Watershed Comprehensrve Plan Assumptions • Public Hearing Consultant shall provide up to four GIS drawings for the public hearing • Advisory Committee Consultant role includes support to prepare materials and attend meetings — which are listed under Tasks 2 1 to 2 5 above Deliverables • Draft/Final Land Use Plan • Draft/Final Development Regulations Task 02 General Assumptions and Summary of Deliverables The following general assumptions apply to Task 2 as a whole • Consultant is lead for land use plan and regulations, in consultation with City and County • Consultant will develop plan and regulatory outline, draft plan and regulations, and preferred plan and regulations City will peer review and provide final regulations • Consultant will support the City at up to 4 public outreach meetings The following deliverables apply to Task 2 as a whole • Land Use Plan and Regulatory Outline • Consultant prepared white paper with findings of Watershed Characterization and Infrastructure Analysis and analysis of land capacity, UGA boundaries, and performance standards for watershed • Consultant prepared GIS maps of three draft (one is no- action) and one preferred land use concepts (Comprehensive Plan and zoning for County and City) • Consultant attendance at one community visioning workshop, one legislative workshop, and one Planning Commission Meeting • Consultant attendance at one team workshop • Consultant attendance at one public meeting during adoption process • Attendance at up to four advisory committee meetings during adoption process • Draft Land Use Plan will include 3 alternatives including a No- Action alternative • Final Land Use Plan • Draft Development Regulations • Consultant Peer review comments on Final Development Regulations City of Bremerton 233 - 1896 -096 Scope of Work 7 June 2012 Gorst Creek Watershed Comprehensive Plan TASK 03 — PLANNED ACTION EIS The City wants to promote sustainable development in a streamlined manner with a planned action programmatic EIS ( "planned action" for the areas inside the Urban Growth Area (UGA) consistent with WAC 197 -11 -164 and "programmatic" for the watershed outside of the UGA) For Gorst, the EIS is an opportunity to • Facilitate decision -maker review of the Gorst Watershed Plan by testing a range of plan, policy and regulation alternatives for environmental protection, land use, and supporting infrastructure, • Integrate past County and City studies with supplemental analysis for the EIS into a single document, and • Plan in advance for the expected growth and development, and streamline future permitting Subtask 3.1 — EIS Initiation Objective Collect data and set guidance for document contents Activities Based on a data needs list developed by the Consultant team, coordinate with City and County to collect professional literature and data pertinent to EIS tasks and confirm the level of technical analysts appropriate to the EIS Review materials in preparation for EIS analysts, conduct any limited area visits Prepare an EIS guidance memo that includes document approach, outline, and document template Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Data needs list • EIS guidance memo that includes document approach, outline, and document template Subtask 3.2 — Plan Alternatives and EIS Scoping Objective Scope a range of alternatives and determine appropriate EIS topics Activities Consultant shall assume the lead role in preparation of a SEPA Checklist and associated documents to provide a broad and brief environmental review, describe the rationale for topics to be addressed in the EIS, develop description of two action alternatives, including the no- action alternative, and conduct a scoping meeting. Specific steps include. City of Bremerton 233 - 1896 -096 Scope of Work 8 June 2012 Gorst Creek Watershed Comprehensive Plan • Provide draft and final SEPA checklist • Assist City in preparation of a draft and final DS and Scopmg Notice • Prepare presentation and support staff at joint legislative meeting to confirm draft EIS scope and alternatives • Develop and describe alternatives for inclusion in the EIS, including prototype concepts • Lead a public Scoping Meeting Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Provide SEPA Checklist, DS, and Scopmg Notice • Prepare presentation on draft EIS scope and alternatives • Develop and describe alternatives for inclusion in EIS Subtask 3.3 — Preliminary Draft Planned Action /Programmatic EIS Objective Prepare an EIS which addresses general sections, geology /soils, water resources, air quality, plants and animals, environmental health (including noise and hazardous materials), land use patterns, plans and policies, socioeconomics, esthetics (including light and glare), cultural resources, transportation, and public services and utilities Activities Prepare a preliminary draft EIS for City review and comment The approach to each topic is described below • General Sections Prepare the Fact Sheet, table of contents, distribution list, appendices and other necessary supporting documentation • Geology /Soils Include a description of the study area geology, soil types, and known and mapped hazards based on available literature and previous development studies Describe general risks associated with geologic hazards, expected constructability given soil conditions, and the degree and nature of potential impacts that could result from alternatives The ability of adopted regulations and codes to serve as mitigation measures will be described, e g critical areas, grading, and building codes, together with any proposed land use plan regulations City of Bremerton 233 -1896 -096 Scope of Work 9 June 2012 Gorst Creek Watershed Comprehensive Plan • Water Resources Based on the watershed characterization and stormwater planning (Tasks 1 and 4), address surface water and groundwater existing conditions and potential future conditions based on the area developing and complying with proposed land use plan regulations • Air Quality Identify how new development and associated traffic could affect air emissions, including greenhouse gases. Summarize existing air quality conditions and compare City and regional transportation plans and growth levels and potential Vehicle Miles Traveled (VMT) by alternative based on the transportation model Prepare a focused review of greenhouse gas emissions using the King County greenhouse gas method Modify the King County worksheet recognizing federal CAFE standards Review worksheet assumptions regarding vehicle use in light of the EIS traffic analysis results and consider VMT by square footage by category and determine if adjustments need to be made Identify proposed policy or code provisions that would serve as mitigation measures • Plants and Animals Based on the watershed characterization in Task 1, describe the existing conditions for wildlife habitat, habitat features, and potential use by federal- or state- listed threatened, endangered, candidate, or priority species. Assess the potential for watershed protection and land use standards to reduce impacts. • Noise Describe the overall noise character of the study area Prepare a narrative that describes the existing ambient noise levels and potential increases in noise levels due to increases in all forms of transportation — airport, trains, trucks, and other vehicles For vehicular noise, use traffic model output and interpolate existing and future volumes and input the volumes into the TM model to compare noise levels along major routes No field measurements will be performed Mitigation measures such as setbacks, building and energy codes and airport noise abatement practices will be described • Hazardous Materials Provide an overview of the types of contaminants likely to be encountered due to the landfill and due to commercial and industrial operations and determine whether any of the alternatives would affect the likelihood of human exposure to toxics or other environmental risks • Land Use Patterns/Plans and Policies Compare and evaluate the proposed amount, types, scale and pattern of uses under each alternative in comparison with the existing land use pattern Evaluate the alternatives for consistency with state, regional, countywide, and city plans and policies including Growth Management Act Goals, Vision 2040, Kitsap County Countywide Planning Policies, and the City of Bremerton and Krtsap County Comprehensive Plans • Socio- economics Prepare a summary of current housing and employment conditions, market - based trends for housing and employment uses, and land capacity for growth under different alternatives • Aesthetics Describe the overall aesthetic character of the study area in terms of the quality of the environment, the design and character of existing buildings, and building height, bulk and scale Evaluate the nature and magnitude of change envisioned by the land use plan, considering the proposed land use and building form regulations • Cultural Resources Address existing conditions and potential future conditions based on the area redeveloping and complying with local, state, and federal regulations Document a literature search If needed, limited locations will be reviewed in the field at a reconnaissance level There will be no shovel probing or excavation associated with this analysis Contact will be made with local tribes in conjunction with the City, to help identify any Traditional Cultural Properties City of Bremerton 233 - 1896 -096 Scope of Work 10 June 2012 Gorst Creek Watershed Comprehensive Plan located within the project area Information gathered from the site visit and tribal consultation will be included in the EIS • Transportation Review of existing levels of service, and adapting existing traffic models developed for the Bremerton area, review estimated needs, transportation demand, and projected levels of service under each land use alternative Transportation analysis will be based on the transportation information developed in the capital improvement program (Task 5) This topic will include the following subtasks performed by City staff with peer review by the Consultant Obtain and summarize existing traffic information for the Gorst UGA including information from WSDOT, Kitsap County and the City of Bremerton Prepare a preliminary transportation analysis TM that summarizes the following transportation information in the Gorst UGA, classification of existing transportation infrastructure, LOS for arterials and major collectors, proposed capital improvement projects for artenals and collectors, and currently identified regional transportation initiatives that are located within or adjacent to the Gorst UGA Prepare land use assumptions for alternatives to test in County run model (Consultant prepare growth assumptions, County run transportation model) Prepare a qualitative analysis of potential future (LOS) requirements in the Gorst UGA for the no action and up to two additional land use alternatives Identify necessary transportation capital projects for arterials and major collectors in the Gorst UGA, prepare associated budget level cost estimates, and identify potential funding sources Prepare a draft Gorst UGA Transportation Analysis TM that summarizes information from the preliminary traffic analysis, the LOS analysis, and the lust of capital projects Prepare a final Gorst UGA Transportation Analysis TM • Public Services and Utilities Review existing levels of service, estimated needs and demand for service, and projected levels of service under each alternative for police and fire protection, water, wastewater, stormwater, and solid waste The utilities analysis will be based on the stormwater plan (Task 4) and capital improvement program (Task 5) • Meet with City and County staff to review comments on the Preliminary Draft EIS Prepare a presentation of key findings and support City and County at a meeting with legislative bodies to review a preliminary draft summary of the EIS Assumptions See Task 3 General Assumptions and the following • Existing information to be used in the City -lead traffic analysis will consist of the following Bremerton Economic Development Study (WSDOT 2010), City of Bremerton 233- 1896 -096 Scope of Work 11 June 2012 Gorst Creek Watershed Comprehensive Plan Bremerton - Gorst Design Report and EIS (Parametrtx 1996), Kitsap County Comprehensive Plan EIS (Kitsap County 2006), Results of Kitsap County Remand Revisions will be incorporated as written for the Gorst area (Kitsap County 2012) • Two Consultant staff will attend up to two 2 -hour meetings with the City or Stakeholders Deliverables The following deliverables will be submitted under this subtask • Preliminary Draft EIS • Prepare presentation on key findings from Draft EIS • Draft and Final Transportation Analysis Tech Memo Subtask 3.4 — Draft Planned Action /Programmatic EIS Objective Prepare a public review draft EIS following incorporation of City comments Activities Based on City comments on the preliminary Draft EIS, prepare a Draft EIS for public review During the public comment period, support City staff at one public meeting on the Draft EIS Assumptions See Task 3 General Assumptions, with the addition that we will revise the document based on a single -set of consolidated comments from the client Deliverables • Draft EIS for public review Subtask 3.5 — Final EIS Objective Prepare a Final EIS Activities Compile a Final EIS that includes a fact sheet, table of contents, Draft EIS corrections (as needed), and responses to comments on the Draft EIS Assumptions See Task 3 General Assumptions City of Bremerton 233- 1896 -096 Scope of Work 12 June 2012 Gorst Creek Watershed Comprehensive Plan Deliverables The following deliverables will be submitted under this subtask • Final EIS, including responses to comments on Draft EIS Subtask 3.6 — Planned Action Ordinance Objective Facilitate future development consistent with the EIS alternatives and analysis through a Planned Action Ordinance Activities Review the City- prepared draft ordinance that designates the Planned Action for the Gorst UGA Per WAC 197 -11 -168, the ordinance will describe the types of project action being designated as a planned action, describe how the planned action meets the criteria in WAC 197 -11 -164, include a finding related to adequacy of the Planned Action EIS (that environmental impacts of the planned action have been identified and adequately addressed in the Planned Action EIS), and identify any specific mitigating measures required to qualify future projects as planned actions Develop a planned action administrative guidance paper to assist with the implementation of the Planned Action Ordinance Include a statement of the specific criteria for qualification as a planned action, a flow chart of the decision- making and review process for proposed planned actions, and a monitoring system to track mitigation and development under the Planned Action Ordinance Attend public hearing on the Planned Action Ordinance (may be the same or different than the Draft EIS meeting in Task 3 4). Consultant shall assist the City in preparation of a draft ordinance that designates the Planned Action for the Gorst UGA Consultant shall also develop a planned action administrative guidance paper to assist with the implementation of the Planned Action Ordinance The paper will include a statement of the specific criteria for qualification as a planned action, a flow chart of the decision - making and review process for proposed planned actions, and a monitoring system to track mitigation and development under the Planned Action Ordinance Assumptions See Task 3 General Assumptions Deliverables The following deliverables will be submitted under this subtask • Planned action ordinance • Administrative guidance paper City of Bremerton 233 -1896 -096 Scope of Work 13 June 2012 Gorst Creek Watershed Comprehensive Plan Task 03 General Assumptions and Deliverables Assumptions The following assumptions apply • The EIS will be based on existing information and information developed for the Watershed Characterization — for water resources, geology /soils, plants and animals, and land use • City will provide one set of essentially consolidated comments on each preliminary or draft deliverable • All Consultant deliverables will be electronic (no hard copies of draft or final deliverables will be produced by the Consultant) • City will publish Determination of Significance and Scoping Notice and all other SEPA notices and documents • City will provide up to two staff members to support the scoping meeting and public hearing • City will schedule and arrange venues for the EIS scoping meeting, DEIS comment meeting, and public hearing • Consultant will manage and respond to up to 20 unique comments on the DEIS City and County to assist with responding to non - technical EIS comments • Consultant shall conduct no field measurements for noise analysis and reconnaissance -level field work for cultural resources analysis (no shovel probing or excavation) • Consultant shall provide up to two staff members at each of three public meetings the scoping meeting, one legislative meeting, and the DEIS public comment meeting • Consultant shall provide one staff member to support the public hearing for the Planned Action Ordinance (if separate from DEIS public comment meeting) Deliverables The following deliverables will be submitted under this subtask • Data needs list • EIS guidance memo that includes document approach, outline, and document template • Draft SEPA Checklist • Final SEPA Checklist • Consultant - prepared Draft and Final Determination of Significance and Scoping Notice for City to publish • Boards and handouts for public scoping meeting and attendance of up to two Consultant team members at the scoping meeting • Preliminary Draft EIS • Draft EIS • Peer review of City - prepared Notice of Availability of Draft EIS for City to publish City of Bremerton 133 -1896 -096 Scope of Work 14 June 2012 Gorst Creek Watershed Comprehensive Plan • Boards and handouts for one public meeting during the public comment period and attendance of up to two Consultant team members at this meeting • Preliminary Final EIS • Final EIS • Peer review of City- prepared Notice of Availability of Final EIS for City to publish • Peer review of City- prepared Draft Planned action ordinance and Consultant preparation of Draft administrative guidance paper • Peer review of City- prepared Final planned action ordinance and Consultant preparation of Final administrative guidance paper • Attendance of one Consultant team member at one public hearing on the Planned Action Ordinance if separate from Draft EIS hearing TASK 04 — STORMWATER PLAN The objective of the Stormwater Plan is to prioritize existing surface water issues, identify corrections necessary for existing problems, and define system improvements necessary for future development within the watershed The plan will include strategies and actions that address the key project priorities and outcomes, infrastructure and policies that provide for sustainable growth and reduce erosion, pollutant loading, floodplam alteration, and reduction of aquifer recharge This planning will rely heavily on stormwater modeling performed in the watershed characterization and expanded under Task 4 Results of modeling will form the basis of LID evaluation and methodologies for stormwater planning solutions The Stormwater Plan is being prepared to prioritize existing surface water issues, identify corrections necessary for existing problems, and define system improvements necessary for future development within the watershed Subtask 4.1 — Existing Conditions and Deficiencies Technical Memorandum Objective Obtain and summarize existing information on stormwater conditions in the project area and identify existing stormwater infrastructure deficiencies Activities AECOM will assume the lead role in delivering all work under this task Additional includes incorporation of the HSPF and SUSTAIN model results into the inventory and baseline conditions including • Obtain, review and summarize information from Kitsap County Surface and Stormwater Management (SSWM) program on outfall location/type /condition, stormwater facilities, and complaints and request for service records • Develop a technical memorandum listing and mapping known existing storm deficiencies City of Bremerton 233 -1896 -096 Scope of Work 15 June 2012 Gorst Creek Watershed Comprehensive Plan Assumptions The task budget is based on the following assumptions • The TM will include the following figures existing stormwater infrastructure for the Gorst UGA, existing stormwater infrastructure for the Gorst watershed, location of identified stormwater deficiencies • Ranking criteria will be based on Kitsap County SSWM ranking criteria • TM will be organized into separate sections, one for the Gorst UGA and one for the rest of the protect area Deliverables The following deliverables will be submitted under this subtask • Existing Conditions and Deficiencies TM • List and map of known existing storm deficiencies ' • Priontization criteria for ranking deficiencies and review with City • Draft TM for review with City • Final TM based on City comments • Preparation and attendance at up to two meetings, one to discuss the list of known deficiencies, and one to discuss comments on the draft TM Subtask 4.2 — Programmatic Stormwater Management Alternatives Technical Memorandum Objective Identify and describe alternatives for programmatic stormwater management and regulation in the Gorst UGA Actinides The following activities will be conducted as part of this subtask • Prepare a preliminary description of stormwater management goals, objectives and regulatory policies • Summarize NPDES compliance issues associated with the Gorst UGA • Prepare up to two alternative approaches for stormwater management and regulation in the Gorst UGA Evaluate each alternative relative to the following criteria. City of Bremerton 233 - 1896 -096 Scope of Work 16 June 2012 Gorst Creek Watershed Comprehensive Plan Extent to which existing problems are addressed and corrected, including extent to which stream functions are restored, and extent to which water quality will be improved Regulatory framework and gaps Implementation, monitoring and enforcement Implementation costs • Based on the outcome of the alternatives analysis, prepare preliminary development standards for the preferred option • Prepare a Draft TM and review with City • Prepare Final TM based on City comments • Preparation and attendance at up to two meetings, one to discuss preliminary development standard alternatives, and one to discuss comments on the draft TM Assumptions The task budget is based on the following assumptions • Alternatives will consist of a status quo option whereby existing standards are used in the project area, and one additional option that includes incorporating LID techniques in all new development and redevelopment • The TM will be organized into separate sections, one for the Gorst UGA and one for the rest of the basin • Development standards will consist of two options application of existing standards and guidelines, and development of specific standards for LID techniques in the Gorst UGA • Development standards addressed within this task will be limited to general standards for how and where stormwater related LID techniques are to be applied to new development and redevelopment within the Gorst UGA No new LID engineering or design standards are included in this scope and it is assumed that LID technical information contained in the Kitsap County LID Guidance Manual will be adopted by reference • The SUSTAIN model prepared by EPA and HSPF Model prepared by Ecology under Task 1 will provide all the specific information and mapping needed to determine locations of specific LID BMPs and no additional LID location information will be necessary • Code and/or ordinance development and adoption will be performed by the City Deliverables The following deliverables will be submitted under this subtask • Prepare a preliminary description of stormwater management goals, objectives and regulatory policies • Summarize NPDES compliance issues associated with the Gorst UGA • Prepare up to two alternative approaches for stormwater management and regulation in the Gorst UGA City of Bremerton 233- 1896 -096 Scope of Work 17 June 2012 Gorst Creek Watershed Comprehensive Plan • Based on the outcome of the alternatives analysis, prepare preliminary development standards for the preferred option • Prepare a Draft and final TM • Preparation and attendance at up to two meetings, one to discuss preliminary development standard alternatives, and one to discuss comments on the Draft TM Subtask 4.3 — Draft and Final Stormwater Plan Objective Prepare the draft and final Stormwater Plan for the project area Activities Consultant will assume the lead role in incorporating results of the modeling into the Stormwater Plan The following activities will be conducted as part of this subtask • Prepare a Draft Stormwater Plan based on the information prepared in Tasks 4 1, 4 2 and 4 3, the SUSTAIN Model and Watershed Analysis prepared as part of Task 1, and the Stormwater Corrective Action TM developed in Task 5 1 • Review the draft plan with City and prepare a Final Plan based on City comments • Preparation and attendance at one meeting to discuss comments on the draft plan Assumptions The task budget is based on the following assumptions • The Stormwater Plan will be organized into separate sections, one for the Gorst UGA and one for the rest of the basin Deliverables The following deliverables will be submitted under this subtask • Draft and Final Stormwater Plan TASK 05 — CAPITAL IMPROVEMENT AND CORRECTIVE ACTION PLAN A capital improvement and corrective action plan (CIP /CAP) will be developed to identify and priontize the projects needed to correct existing deficiencies and provide necessary infrastructure to support sustainable development The CIP /CAP will contain elements to restore fish passage, protect wetlands and streams, protect shorelines and shellfish beds, and improve water quality The CIP /CAP will be a dynamic document that is developed concurrently with the Land Use Plan The goal of this approach is to provide capital project and cost information that informs the land use planning process, and vice versa Consultant will work with the City to develop both of the specific capital improvement protects, as well as the programmatic implementation strategies and development of funding options that are consistent with the City's Comprehensive Plan, the project goals, and the City's (and other partners and stakeholders) expectations City of Bremerton 233- 1896 -096 Scope of Work 18 June 2012 Gorst Creek Watershed Comprehensive Plan — Stormwater Corrective Actions Technical Memorandum Prioritize stormwater corrective actions based on deficiencies identified as part of Subtask 4 1 Activities Consultant will assume the lead role in delivering this subtask which includes • Prepare a one -page CIP project sheet for each identified deficiency that includes a text description of the project, a concept level budget estimate, and a schematic plan • Conduct priontization ranking analysis using criteria developed in Subtask 4 1 • Identify potential funding sources for each identified deficiency • Prepare a draft TM summarizing identified projects, cost estimates and pnontization analysis • Meet with the City to review the draft TM • Prepare a final TM summarizing projects, cost estimates and pnontization analysis Assumptions The task budget is based on the following assumptions • Up to 10 individual CIP projects will be evaluated • Consultant staff will attend up to two 2 -hour meetings with Stakeholders, one to discuss budget level cost estimates, and one to discuss comments on the draft TM • Draft documents will be provided in electronic (PDF) format, Final TM will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • One -page project sheets for each CIP item (up to 10 total ) • Draft and final TM Subtask 5.2 — Land Use Plan CIP Objective Evaluate existing infrastructure within the watershed and identify infrastructure capital improvement projects necessary to accommodate planned growth The CIP will include elements to protect fish passage, wetlands, streams, shorelines, and water quality Activities The following activities will be conducted as part of this subtask City of Bremerton 233 -1896 -096 Scope of Work 19 June 2012 Gorst Creek Watershed Comprehensive Plan • Prepare a work plan describing the Level of Service (LOS) analysis and coordinate with the City to confirm goals and expectations for the CIP • Evaluate existing conditions and identify existing and future LOS requirements in the Gorst UGA for water supply, sanitary sewer, emergency services, gas, electric, and utilities • Identify potential capital protects, prepare associated budget level cost estimates, and identify likely funding sources for water supply, sanitary sewer, emergency services, gas, electric, and utilities • Using the output from the SUSTAIN and HSPF models, Stormwater Plan and Watershed Assessment, identify and prioritize protects that will address identified stream function and water quality deficiencies Priontization criteria will include the extent to which existing problems are corrected, extent to which stream functions are restored, and extent to which water quality will be improved • Prepare TM summarizing LOS analysis, stream function and water quality deficiencies analysis, proposed capital protects • Prepare preliminary funding analysis that identifies proposed funding source(s) for capital protects and implementation strategies that are consistent with the Land Use Plan and stakeholder expectations • Develop draft CIP spreadsheet using selected projects • Review draft CIP and TM with City • Prepare final CIP spreadsheet using selected protects Assumptions The task budget is based on the following assumptions • Level of service analysis for sanitary sewer and water supply will be performed by the City • Existing and future maps of sanitary sewer and water supply facilities will be provided by the City • The CIP /CAP will be developed concurrently with the Land Use Plan under Task 2 • The transportation LOS summary will be prepared as part of Task 2 • Consultant staff will attend up to two 2 -hour meetings with the City Stakeholders, one to discuss approach for LOS analysis, capital project identification and preliminary CIP screening, and one to discuss comments on the draft CIP • Draft documents will be provided in electronic (pdf) format, Final TM and CIP will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • CIP Work Plan • Budget Level Cost Estimates • Draft and Final Land Use Plan TM and CIP City of Bremerton 233- 1896 -096 Scope of Work 20 June 2012 Gorst Creek Watershed Comprehensive Plan • Identify and prioritize projects that will address identified stream function and water quality deficiencies • TM summarizing LOS analysis, stream function and water quality deficiencies analysis, proposed capital projects • Preliminary funding analysis • Develop Draft CIP spreadsheet using selected projects Subtask 5.3 — Landfill Corrective Action Plan Objective Evaluate reasonable alternatives and select a preferred approach for landfill cleanup Activities The following activities will be conducted as part of this subtask • Coordinate with stakeholders to develop project goals, objectives, and approach • Inspect site and review existing information including EPA and Health District site files • Review preliminary remedial alternatives prepared by EPA • Coordinate with EPA to review of the documents submitted with stakeholders, consolidate review comments, and prepare a final EE /CA report Assumptions The task budget is based on the following assumptions • Review EPA prepared information and advise City on course of action • No sample collection or survey work will be performed • Consultant staff will attend up to four 4 -hour meetings with Stakeholders, kick off meeting, one additional coordination meeting with stakeholders, review of Preliminary Alternatives Assessment TM, and review of draft EE /CA Deliverables None Subtask 5.4 — Fish Passage Barrier Preliminary Engineering Objective Inventory and prioritize fish passage barriers within the Gorst Creek watershed and prepare an engineering report for correction of the top priority fish passage barrier Acdvides The following activities will be conducted as part of this subtask City of Bremerton 233 -1896 -096 Scope of Work 21 June 2012 Gorst Creek Watershed Comprehensive Plan • Review existing information of previously prepared basin -wide barrier inventory and assessment TM and recommend one barrier for further engineering evaluation • Prepare a Draft Preliminary Engineering Report for the selected barrier site based on WDFW design guidelines • Based on City review and comment, prepare a final Preliminary Engineering Report for the selected barrier site based on WDFW design guidelines Assumptions The task budget is based on the following assumptions • Review inventory of existing barrier information developed by others and one site visit • No survey is included in this scope • Engineering design will be schematic level Up to two engineering sheets will be prepared • Consultant staff will attend up to two 4 -hour meetings with the City, one to discuss the basin wide inventory TM, and one to discuss comments on the draft Preliminary Engineering Report • Draft documents will be provided in electronic (pdf) format, Final CIP will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • Final summary basin -wide barrier inventory and assessment TM • Draft and final Preliminary Engineering Report Subtask 5.5 — Summary CIP Objective Summarize information developed under Task 5 in spreadsheet format AECOM will take the lead role in drafting the CIP Summary The City's role is limited to review and comment Activities The following activities will be conducted as part of this subtask • Prepare a draft CIP summary in spreadsheet format that presents the results of work performed under Task 5 The spreadsheet will describe and organize the CIP according to infrastructure component and will provide a description of proposed funding source • Review the draft CIP with City and prepare a Final CIP based on City comments Assumptions The task budget is based on the following assumptions • Consultant staff will attend one 2 -hour meeting with Stakeholders to discuss comments on the draft plan City of Bremerton 233 -1896 -096 Scope of Work 22 June 2012 Gorst Creek Watershed Comprehensive Plan • Draft documents will be provided in electronic (pdf) format, Final CEP /CAP summary will be provided in hardcopy (up to 8 copies) and electronic formats Deliverables The following deliverables will be submitted under this subtask • Draft and final CEP TASK 06 — OUTREACH AND INFORMATION TRANSFER The Outreach & Information Transfer Task addresses stakeholder outreach and communication, and information transfer for the Gorst Watershed planning process Each is discussed below While the information technology transfer task will take place near the end of the project, the stakeholder outreach and communication tasks will take place from the very beginning and throughout the completion of the project Tasks in this section will support efforts in other project tasks Subtask 6.1 — Engage Stakeholders Objective Conduct effective public and stakeholder outreach and involvement through one -way and two -way communication, ensure participation of diverse and all interested parties, support an open and transparent process, involve those most affected in plan review and recommendations, develop materials, processes and messages to promote awareness, understanding and participation including those who join late in the process Activities The following activities will be conducted as part of this subtask • Lead stakeholder advisory committee to engage interested parties, create open and transparent process, and support stakeholder review /consideration of plan elements • Take lead role in presenting information to the Suquamish Tribe and other stakeholders • Take lead role in coordinating community workshop support for City- sponsored public and community workshops • Take lead role in preparing media relations including news releases, calendar announcements and newsletter articles • Develop stakeholder questionnaire including questions related to stakeholder communication practices, public and stakeholder understanding, and concerns /challenges for this project • Develop advisory committee agendas • Attend and participate in advisory committee planning and debrief meetings • Facilitate five, two -hour advisory committee meetings City of Bremerton 233 -1896 -096 Scope of Work 23 June 2012 Gorst Creek Watershed Comprehensive Plan • Provide community workshop support for City- sponsored public and community workshops • Draft copy for media relations including news releases, calendar announcements and newsletter articles • Draft copy and review design for protect postcards, fact sheets, and a generic project comment card • Protect team meetings (in person and by teleconference) • One (1) comment card Assumptions The task budget is based on the following assumptions • Advisory meetings are expected to be 2 hours in duration • One round of major revisions and one round of minor revisions for all protect materials • City will create and maintain a project Web site with accurate and up -to -date protect information, and unique URL for convenient access • City will serve as project spokesperson for all media inquiries • City will provide one set of consolidated comments on communication materials • Consultant will additionally provide up to 40 hours for communication materials Additional communication materials will be developed by the city Deliverables The following deliverables will be submitted under this subtask • Facilitation of five, two -hour advisory committee meetings • Schedule /scope for advisory committee meetings • Three (3) news releases • Three (3) calendar announcements • Three (3) newsletter articles • Three (3) project postcards • Three (3) fact sheets • One (1) comment card Project team meetings (in person and by teleconference) City of Bremerton 233 -1896 -096 Scope of Work 24 June 2012 Gorst Creek Watershed Comprehensive Plan Task 6.2 TM Methodology Report Activities AECOM will assume the lead role in drafting the Technology Report sections including • Draft and final Technology Report including sections for stormwater, LID, Planned Action EIS, and Habitat Charactenzation by incorporating information derived from protect partners including WDFW and Ecology • Meeting attendance and coordination Task 6.3 Technology Transfer AECOM will provide (CD Rom) copies electronic files to the City of all protect documents and correspondence as an indexed archive These files will be suitable for uploading onto the City's webstte, although uploaded content will be determined by the City Information will be generally similar to information currently residing on the DCD portion of the City's site All site support and systems for this repository will be the City's responsibility City of Bremerton 233 -1896 -096 Scope of Work 25 June 2011 Gorst Creek Watershed Comprehensive Plan EXHIBIT B Schedule See attached City of Bremerton 233- 1896 -096 Scope of Work 26 June 2012 Gorst Creek Watershed Comprehensive Plan EXHIBIT C Budget The professional services described in the Scope of Work (Exhibit A) will be performed on a cost plus multiplier basis The multiplier used to determine billing rates with AECOM is 2 90 with an added 6% for all AECOM direct labor to cover other direct costs (computer, telephone, copies, etc,) and 5% for all work completed by subcontractors All dollar figures presented within this agreement include any applicable taxes Bud et TASK AECOM 6% LABOR SUBS 5% SUBS TOTAL 01- Watershed Characterization $24,380 $1,463 0 0 $25,843 02 -Land Use Plan and Development $52,360 $3,142 $38,240 $1,912 $95,654 Regulations 03- Planned Action EIS $87,120 $5,227 $109,090 $5,455 $206,892 04- StormwaterPlan $67,100 $4,026 0 0 $71,126 05- Capital Improvement and $98,940 $5,936 $2,930 $146 $107,952 Corrective Action Plan 06- Outreach and Information Transfer $48,710 $2,923 $1,500 $75 $53,208 TOTAL BUDGET $378,610 $22,717 $151,760 $7,588 $560.675 A $20,000 initial letter contract was executed on August 8, 2012 to meet grant schedule requirements That $20,000 authorization is included in the $560,675 total budget authorization under this contract City of Bremerton 233- 1896 -096 Scope of Work 27 June 2012 Corst Creek Watershed Comprehensive Plan GORST CREEK WATERSHED COMPREHENSIVE PLAN PROJECT SCHEDULE ID Task Name Duration Start Finish Predecessors Feb 2012 1 Nov Mar Ap r May Jan I Feb r Fa May Jun Jul g Sen ort Nov r I Anr May Jun Jul Aug Son Oct Nov Dec Jan I 1 WATERSHED CHARACTERIZATION 707 days Ibn 12 /13/10 Tue 8/27/13 2 Inventory Exishng Conditions 72 days Mon 12/13/10 Tue 3/22/11' 3 Calibrate HPSF Model 60 days Mon 11/26/12 Wed 6126/7310 4 Sustain Model Baseline 44 days Thu 6127/13 Tue 8/27/13 3 5 Watershed Analyses 90 days' Mon 1/10/11 Fn 5113/11 6 Watershed Characterization Report 236 days, Wed 7/27/11 Wed 6/20112 7 LAND USE PLAN 380 days? Lion 7/16/12 Fri 12/17/13, 8 Develop Protect Strategies 35 days Mon 7/16,12 Fn &31/12 6 9 Land Use Analysis 35 days' Mon 7/16/12 Fri 8/31/12 6 10 Land Use Concept and Regulations 60 days Mon 9/3/12 Fn 11123/128,9 11 City Strategy 1 day? Fn 8/17/12 Fri 8/17/12' I 12 Protect Management Team Charette 6 days Tue 9/4112 Tue 9/11/12 13 Outreach and Draft Plan Development 100 days?, Wed 9/12112 Tue 1/29/13 12 14 Preferred Alternative Plan 45 days' Wed 615/13 Tue 8013 48 15 Adoption Process 103 days Wed 87/13 Fri 12127/13 14 16 ENVMONMENTAL OPACT STATEMENT (E3S) MT days ?I Mon 913/12 Tus 11/19/13 17 EIS Initiation 6 days Mon 913/12 Mon 9/10/12 9 18 EIS Sc oping 28 days Mon 10/15/12 Wed 1112111244 19 Altecled Envfronment and No Action 80 days? I Tue 9/11/12 Mon 12/31/12j17 20 AllemaWw Analysis 90 days?! Tue 11113/12 Mon 3/11IM3 46 21 Preliminary Draft EIS 14 days, Tue 3119113 Fn 4/5/13'20 22 Draft EIS 21 days' Mon 4/8/13 Mon 516/13 21 23 Public Comment Period - 45 calendar days (min 30) 30 days' Tue 517/13 Mon 6!17/13,22 24 Final EIS 75 days Wed 817113 Tue 11/19/1314 25 Planned Action OMmanoe 0 days Tue 8/27/13 Tue 8/27/13'14,4 8127 26 STORIfWATER PLAN 290 dmpl Wad 8402 Tue 9/17/13 27 Existing Conditions Tech Memo 65 days' Wed &W 2 Tue 11!6/12 28 Programmatic Alternatives Tech Memo 60 days' Wed 11/7/12 Tue 1,29/13 27,6 29 Stormwater Plan 30 days' Wed 8/7113 Tue 9/17/13 28,14 30 CAPITAL IMPROVEMENTS PLAN & CORRECTIVE ACTION PLAN 225 days, Wed 11/7/12 Tue 9/17/13 31 Stornwater Correchve Action Tech Memo 45 days' Wed 11[7/12 Tue 1/811327 32 Gorst UGA Land Use CIP 30 days Wed 817/13 Tue 9/17/13 31,14 33 Landfill CAP 74 days; Tue 57/13 Fn 8116,13 22,31 34 Fish Passage Barrier Engineering Report 30 days Wed 817/13 Tue 9/17/1331,14 35 Summary CIP 30 days' Wed 817/13 Tue 9/17/1314,31,28 36 OUTREACH & INFORMATION TRANSFER 738 days' Toro 3/1/11 Thu 12119113, 37 Communication Strategy Work Plan 33 daysl Tue 3/1/11 Thu 4114/11, 38 Engage Stakeholders 365 days Wed 818112 Tue 12131/13 37 39 Methodology Report 45 daysi Wed 8/28/13 Tue 10,29/1325 40 Technology Transfer 45 days Wed 10/30/13 Tue 12/31/13 39 41 Kickoff Meeting 1 day?, Wed 3/16/11 Wed 3116111 1 42 Advisory Committee Meeting #h - Project Strategies 1 day Tue 6/212 Tue 6/26112 I 43 Elected and Appointed Officials Briefings 365 days, Wed 8/8/12 Tue 12/31/13 37 44 Joint Meeting with tribe 23 days Wed 9/12112 Fn 10/12/1212 45 Public Meeting #1 - Visioning Workshop/Public Kickoff /Scopmg 7 days' Mon 10/15/12 Tue lil]IN 1244 46 Advisory Committee Meeting #i2 - EIS Sooping 14 days, Wed 10/24/12 Mon 11/101245 47 Public Meeting 82 - Draft Land Use Plan 50 days Tue 11/13/12 Mon 1121/13 46 48 Advisory Committee Meeting #F3 - Draft EIS/Preferred Alternative 21 days) Tue 5/7113 Tue 6/4/13 22 49 Public Meeting #3 - Draft EIS/Preferred Alternative 14 days) Wed 615/13 Mon 624113 48 50 Advisory Committee Meeting $4 - Planned Action OrdtFinel Land Ilse 14 days Tue 6/25/13 Fn 7/12M 3 49,23 Plan I , 51 Joint Legislative Meeting #i1 - Planned Action Ordinance/Final Land Use 28 days Wed 8/7/13 Fri 9/13113 50,14 i E 52 Planning Commission Meetings 28 days Mon 9/16,13 Wed 10/23/13 51 53 E City Council Meetings 40 days) Thu 10/24/13 Wed 12/18/1352 54 BOCC Meetings 40days' Thu 10/24/13 Wed 12/18M352 Task Project Summary — * Inactive Task ___ _ _ _ _ i Duration -only Finish -only 3 Project Gorst Schedule LG 4 no stnk Split ............... E)demai Tasks GNMEMNEENEW Inactive Milestone Manual Summary Rollup ® Progress Date Fn 8/10112 Milestone External Milestone O Inactive Summary - - - - J Manual Summary PAW Deadline b Summary =now Inactive Task - Manual Task ® Start -only C Page 1 EXHIBIT C Task PM ("RS) Sr Eng )HRS) Sr Plan )HRS) Jr Eng (HRS) Jr Plan )HRS) Modeler )HRS) Admin (HRS) Subcontractor markup @S% GIS Graphks /CADD Total Hours Total Cost Budget Per Task estimated rate at 2 9 muhipBer 16S 150 140 100 100 125 70 100 100 11 SUSTAIN and HSPF Model Support 8 $1,32000 0 $000 0 $000 0 $000 0 $000 100 $12,50000 8 $56000 $000 $000 100 $10,00000 0 $000 216 $24,38000 $24,380 00 2 Land Use Plan $92,S1200 2 1 Develop Project Outline 12 $1,98000 0 $000 4 $56000 0 $0 ,00 0 $000 0 S000 0 $000 $4,04000 $20200 0 $000 8 $80000 24 $7582 00 2 2 Land Use, Environmental, and Infrastructure Analysis 24 $3,96000 12 $1,800 00 24 $3,36000 24 $2,40000 16 $1,60000 0 $000 B $56000 $7,50000 $37500 24 $2,40000 8 $800 00 140 $24,75500 2 3 Land Use Concepts and Regulations 32 $5,28000 8 $1,20000 32 $448000 8 $800.00 24 $2,40000 0 $000 8 $S6000 $14,40000 $72000 0 $000 0 $000 112 $29,84000 2 4 Preferred Altemattve /Proposed Plan 24 $3,96000 8 $1,20000 24 $3,36000 8 $80000 0 $000 0 $000 8 $56000 $10,20000 $51000 0 $000 24 $000 96 $20,59000 2 5 Adoption Process 24 $3,96000 0 $000 16 $2,24000 0 $000 $000 0 $000 2 $14000 $2,10000 $20500 0 $000 12 $2,20000 54 $9,74500 3 PAEIS $000 $000 $201,664 50 3 1 EIS Initiation 16 $2,64000 0 $000 16 $2,24000 0 $000 8 $80000 0 $000 8 $56000 $4,880 00 $244.00 0 $000 0 $000 48 $11,36400 3 2 Plan Alternatives and EIS ScopmB 24 $3,96000 4 $60000 24 $3,36000 0 $000 20 $2,00000 0 $000 8 $56000 $13,50000 $67500 0 $000 24 $2,40000 104 $27,05500 3 3 Preliminary Draft Planned Action /Programmatic EIS 24 $3,96000 40 $6,00000 48 $6,72000 32 $3,20000 40 $4,00000 0 $000 40 $2,80000 $54,63000 $2,73150 24 $2,40000 48 $4,80000 296 $91,24150 3 4 Draft Planned Action /Programmatic EIS 16 $2,64000 8 $1,20000 24 $3,36000 16 $2,60000 32 $3,20000 0 $0 00 24 $1,68000 $17,46000 $87300 24 $2,40000 24 $2,40000 168 $36,81300 3 5 Final EIS 12 $1,98000 4 $60000 12 $1,69000 8 $800 00 8 $800 00 0 $000 24 $1,68000 $9,62000 $48100 12 $1,20000 12 $1,200 00 92 $20,04100 3 6 Planned Action Ordinance 16 $2,64000 2 $300.00 12 $1,68000 0 $000 0 $000 0 $000 4 $28000 $9,00000 $45000 0 $000 8 $80000 42 $15,15000 4 Stormwater Plan $000 $67,10000 4 1 Existing Conditions and Deficiencies Technical Memorandum 12 $1,98000 24 $3,60000 8 $1,12000 32 $3,20000 8 $80000 0 $000 8 $56000 $000 $000 0 $000 24 $2,400 00 116 $13,66000 4 2 Programmatic Stormwater Management Alternatives Technical Memorandum 16 $2,64000 40 $6,00000 16 $2,24000 40 $4,00000 12 $1,20000 0 $000 16 $1,12000 $000 $000 24 $2,400 00 32 $3,20000 196 $22,800 00 4 3 Draft and Final Stormwater Plan 32 $5,28000 56 $8,40000 12 $1,68000 64 $6,40000 8 $800 00 0 $000 24 $1,68000 $000 $000 32 $3,20000 32 $3,20000 260 $30,64000 5 CIP $102,01650 5 1 Stormwater Corrective Actions Technical Memorandum 12 $1,98000 8 $1,20000 8 $1,12000 24 $2,40000 8 $80000 0 $000 16 $1,12000 $000 $000 40 $4,00000 16 $1,600 00 132 $14,22000 5 2 Land Use Plan CIP 40 $6,60000 24 $3,60000 24 $3,36000 16 $1,60000 16 $1,60000 0 $000 16 $1,12000 $2,93000 $14650 40 $4,00000 24 $2,40000 200 $27,35650 5 3 Landfill Corrective Action Plan 48 $7,92000 0 $000 0 $000 0 $000 0 $000 0 $000 8 $56000 $000 $000 0 $000 16 $1,60000 72 $10,08000 5 4 Fish Passage Banner Preliminary Engineering 24 $3,96000 16 $2,40000 8 $1,12000 40 $4,00000 16 $2,60000 0 $000 16 $1,12000 $000 $000 0 $000 32 $3,20000 152 $17,40000 55 Summary CIP 32 $5,28000 80 $22,00000 4 $56000 96 $9,60000 8 $80000 0 $000 16 $1,12000 S000 $0 DO 12 $1,20000 24 $2,40000 272 $32,96000 6 Public Coordination $50 00 6 1 Engage Stakeholders 144 $23,76000 0 $000 16 $2,24000 0 $000 0 $000 0 $000 24 $1,68000 $0.00 $000 32 $3,20000 64 $6,40000 280 $37,28000 6 2 TM Methodology Report 12 $1,98000 16 $2,40000 12 $1,68000 0 $000 0 $000 0 $000 16 $1,12000 $150000 $7500 8 $80000 12 $1,20000 76 $10,75500 6 3 Technology Transfer 2 $33000 0 $000 0 $000 0 $000 0 $000 0 $000 16 $1,22000 $000 $000 4 $40000 4 $40000 26 $2,25000 Totals 771 $99,99000 500 $52,50000 484 $48,16000 508 $40,80000 324 $22,40000 225 $12,50000 388 $22,26000 $151,76000 $758800 476 $37,600 00 548 $42,40000 3174 $537,95800 $537,958 00 CHECK CELL AECOM labor Total $378,61000 7 Lump Sum Expenses at 6% of direct labor $22,71660 $22,71660 Total Budget $560,67460 $560,674.60 AGENDA BILL CITY OF BREMERTON 7,4 CITY COUNCIL ......................................................... ............................... SUBJECT: Resolution No S1 to Study Session Date August 22, 2012 rename Sumac Street to Nathan Adrian COUNCIL MEETING Date September 5, 2012 Drive Department PW &U Engineering Presenter. Gunnar Fridnksson Phone 473 -2354 SUMMARY: In honor of Bremerton native and local swimmer, Nathan Adrian, for his achievement as a gold medalist in the 2012 London Olympic Games, the proposed action before Council is approval of Resolution No 317q renaming Sumac Street to Nathan Adrian Drive ATTACHMENTS: 1 Resolution No 3 1 9 , and 2 Exhibit FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY - FINANCE DIRECTOR MAYOR. '► RECOMMENDED MOTION: Move to pass Resolution No S171 renaming Sumac Street to Nathan Adrian Drive STUDY SESSION ACTION: Consent Agenda ❑ General siness ❑ Public Hearing COUNCIL PRESIDENT Z(, D •�-Z!� COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/2011 RESOLUTION NO. 31-7 1 A RESOLUTION of the City Council of the City of Bremerton, Washington, renaming Sumac Street to Nathan Adrian Drive WHEREAS, during the 2012 Summer Olympics in London, Bremerton native Nathan Adrian became an Olympic gold medalist; and WHEREAS, in honor of all of his accomplishments, the City is proposing to rename Sumac Street, located in the vicinity of the Glen Jarstad Aquatic Center, to Nathan Adrian Drive. WHEREAS, City staff has contacted and received approval for the name change from Kitsap County CenCom officials as well as property owners planning to develop the site, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION]. Name Change Sumac Street is hereby renamed to Nathan Adrian Drive SECTION2. Severabdq 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 L. CORRIN, City Clerk R \ l,egal\Legal\Resolutions\Public Works \Sumac Street renamed Nathan Adnan Dnve Res doc 1 Sumac Street Renamed Nathan Adrian Drive .. r Chan Sumac St Name P - 01 11 Change ,4 s to, .. � � .+ t. -- !�' �� ' "` �i ` ri d 3 ` � 3 t ��• ' s• • �. �; �•f'{s t >. :.e �:�4.•.:•S.�rt !t. J ?.'� �.�. f _ - ,]Jl].. 4��- ;tY'. ��. .y b'S�s'v �. ' � < $ a! s � 't7 ��` •,}��.�'� ' � ' S� � ' �� >M�;'k " f P.' ��"if 4 ? � v {.'d �"� � Mfg r i ,%! '�! �. 1 b � _rry.'e`s �, � PE�`�`+i fi ", J.?q ✓,'� -Yj '' 3 3 Y '� `1 �r,F�`Ij �2Yf 1k�ndsl,kr4Y4� "4 fit rs n wj r ✓ 'p 'e !� r A i"trk{ )i +1 f I B � `;. t i ��° � � t+�.° ' a �. .� d , '�. r s � k ✓r 'y r'' ��=C �� , kr /aF i Ar { 4 I ) I + r u t ul 9 t`� y .a '� v "�y ,�ss'k,,:1. c�+( �i1 +d k • l.�t'S�'i e , wiV u ' r !• "� �' ¢ w.eX�'� oin us,f the at an Adri R �t } BREMERTOM Monday, Au gust 27, 2012 at 4:OOPM ACROSS FROM THE JARSTAD AQUATIC CENTER The City of Bremerton will be honoring Nathan Adrian, three -time Olympic Gold Medalist with a street naming ceremony. The street to be named "Nathan Adrian Drive" is located in East Bremerton off of Schley Boulevard across the street from the Jarstad Aquatic Center where Nathan did; his swim training before leaving for college. Nathan was born and raised in Bremerton and graduated from Bremerton High School and the citizens of Bremerton take great pride in his accomplishments. The community is welcome to attend this celebration and will have the opportunity to see Nathan .as he is honored by the City. y : u 4 f r rr I r , y R i" 7;s ;� �� — •�.__., �''"'� ,.'': � r�� r ,. J. r I fy, IU 's{ +► 4eyy L'w+'3� �Gt.$+• eQ. 4'rv�+,. � - r�,a� I � r August 29, 2012 Bremerton City Council 345 6' Street, Suite 600 Bremerton WA 98337 On behalf of my family and myself I would like to thank you for the heartfelt and warm reception I have received in my return to Bremerton. Even though I have been gone for over five years, Bremerton will always be home for me. I am very proud and honored to have represented our community and nation in the London Olympics and other international competitions and look forward to continuing to represent our country. Thank you also for the honor of naming a street after me and the Nathan Adrian Day Proclamation I sincerely hope the success I have experienced will be an inspiration to many young athletes and students to set goals and work hard to achieve their dreams. I would also encourage the Kitsap community to continue to work with and support the young aspiring athletes and scholars to achieve their dreams and successes as you have supported me over the years It really does take a village. Sincerely, C� Nathan Adrian AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approval of the Real Estate Study Session Date August 22, 2012 Purchase and Sale Agreement and COUNCIL MEETING Date September 5, 2012 Amendments for sale of Park Avenue pad to Department Lorax Presenter Gary Sexton Phone SUMMARY: On August 2, 2010 the City and Lorax Partners, LLC entered into an Agreement for the sale and purchase of an airspace pad located at the property known as Park Avenue Plaza On July 19, 2011 the parties entered into Amendment No 1 to the Agreement to defer payment owed to Lorax from the sale of the cinema pad The parties now desire to enter into Amendment No 2 to the Agreement and authorize the sale of the residential pad and the execution of a related parking agreement with Lorax Partners, LLC ATTACHMENTS: Purchase and Sale Agreement, Amendment No 1 to Real Estate Purchase and Sale Agreement, Amendment No 2 to Real Estate Purchase and Sale Agreement and Draft Parking Lease FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR ---� MAYOR RECOMMENDED MOTION: Move to appro the Real Estate Purchase and Sale Agreement for sale of Park Avenue pad to Lorax, the amendments to Agreement, and further authorize the Mayor to finalize and execute Amendment No 2 to Agreement and further to negotiate and execute a Parking Agreement or Lease, subject to bond counsel approval, 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 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This agreement controls the terms of the sale of real property. (Please read carefully before sianine.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "Seller "), and Lorax Partners. LLC , a LLC ( "Buyer "), for the sale and purchase of real property as follows: 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell, is commonly known to be located at Park Avenue Plaza air spaces A through E, Bremerton, Washington (the "Property "), and which Property is legally described in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference. 2. EARNEST MONEY. Received from Buyer, Promissory Note in the sum of FIVE THOUSAND AND NO /100 DOLLARS ($5,000.00) as earnest money and part payment on the purchase price for the Property. 3. PURCHASE PRICE. The purchase price for the air space is as follows. (a) Base price foi all air space is Three Hundred Sixty Thousand Dollars ($360,000 00) (b) The base sale price shall be payable at closing. (c) It is understood that Buyer intends to sell the air space pads to third party owners and /or developers but may opt to retain one or mole pads for Buyer development and/or ownership �d) For third party resale and/or Buyer owned development the air spaces shall have the following minimum values (unless otherwise agreed in writing between seller and buyer hereafter) • Air Space Development Pad /Cinema Phase- $500,000.00 • Air Space Development Pad/Residential Phase. $350,00000 (Based on 5,000 per unit, minimum 70 units) • Air Space Retail 1 $ 30,000.00 • Air Space Retail 2 $ 20,000 00 • Air Space Retail 3 $ 25,000 00 It is agreed and understood that upon closing of any thud party sale of an air space and /or Buyer giving written notice of exercising their option to own/develop one or more air space, Buyei shall pay to Seller as additional sale price consideration equal to fifty percent (50 %) on said separate air space sale price or minimum value (which ever is greatest), after deduction of the Three Hundred Sixty Thousand ($360,000 00) base price. REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, I.LC - Air Space - Park Ave. Plaza Page I of 8 Example - Cinema Pad resale $500,000 Air Space Retail 1 resale $30,000 Air Space Retail 2 resale $20,000 Residential Pad Buyer sale $350,000 $900,000 Base Purchase Price $360,000 Additional consideration $270,000* *(($900 - $360 *.5 = $270,000) Total to City $630,000 (e) In the event that Buyer shall not close sales of all air spaces and/or exercise Buyer option to own develop respective air space within four calendar years of closing of the base sale, Buyer shall re- transfer title to Seller of said remaining air spaces. (f) These terms shall run with the land during the existence of this agreement and shall take precedence over any subsequent liens, mortgages, taxes or other encumbrances. 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council (b) Buyer review and approval of the title report on the property prior to Closing (c) Substantial completion of the City Parking Garage. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below 6. TITLE INSURANCE. At Closing, Sellei shall cause First America Title Insurance Company whose address and telephone number is 818 Stewart Street, Seattle Washington 98101, (260) 728 -0400, to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of this policy shall be paid from Seller's funds at Closing If an extended coverage owner's policy is requested by Buyer, then Buyer shall pay the increased costs associated with that policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. For purposes of this Agreement, the following shall not be deemed encumbrances or defects: rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record. If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances, this agreement shall terminate. 7. CLOSING COSTS AND PRO - RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps as applicable. Taxes for the current REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC - Air Space - Park Ave Plaza Page 2 of 8 year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed 30 days after substantial completion of the Park Avenue Plaza Parking Garage which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified, the Buyer and Seller will deposit, without delay, in escrow with First American Title Insurance Company all instruments and monies required to complete the transaction in accordance with this agreement Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty, this agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to possession on closing as herein specifically provided. 11. SELLER'S REPRESENTATIONS. Seller represents that - (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the Property, and (c) The Property is not encumbered by any leases. 12. SELLER'S ENVIRONMENTAL REPRES T111 eller represents that o the best of hi knowledge t l she i xistence of, or has caused or allowed to be used, any en en (inc ding, without limitation, a ill, discharge or co tammatio at exist o and /or ' osing date o ct of omission occurring prio a clo ' ate, the result of which ma taure -r ursuant to 'any federal, state o as l or m ay be the basis for the assertion of any third party claims, inc u governmental entities except (or) 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller makes no representations as to the environmental condition of the property This provision shall survive closing. 13. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. If Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC — Air Space — Park Ave Plaza Page 3 of 8 w w P P w and iemedies available at law or in equity (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees 14. NOTICE TO BUYER. This form contains provisions for an agreement for the purchase and sale of real estate. The Seller makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences. By signing this agreement, Buyer acknowledges that Buyer has or has had the opportunity to consult with an attorney regarding Buyers rights and obligations in this agreement 15. BROKERS FEES /COMMISSIONS. Buyer agrees to indemnify, defend and hold harmless Seller with respect to any claim by any person or entity claiming through Buyer to be entitled to a commission with respect to the transaction contemplated by this agreement. 16. NON - MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full foi ce and effect 17. NOTICES All notices required or permitted to be given hereunder shall be in writing and shall be sent U S certified mail, return receipt requested, or by facsimile transmission addressed as set forth below (a) All notices to be given to Seller shall be addressed as follows Gary Sexton City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337 -1873 (b) All notices to be given to Buyer shall be addressed as follows: Lorax Partners, LLC. 810 Third Ave , Suite 220 Seattle, Washington 98104 Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 18. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC - Air Space - Park Ave Plaza Page 4 of 8 19. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns, and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 20. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below. SELLER: BUYER: THE CITY OF BREMERTON LORAX PARTNERS, LLC By a Z By 1Z Patty Lent, or Its• FAM Dated Dated By._ , Its Dated APPROVED AS TO FORM: By. R er A Lubp orney REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC — Air Space — Park Ave Plaza Page 5 of 8 EXHIBIT A • Air Space Development Pad /Cinema Phase, 24,640± sq. ft as located on Exhibit B. Said air space commences at the top deck of the City Parking Garage west section and extending to a height of forty feet (40') above the deck. • An Space Development Pad/Residential Phase, 13,550± sq.ft. as located on Exhibit B. Said air space commences at the top deck of the City Parking Garage east section and extends to a height of fifty feet (50') above the deck • Air Space Retail 2, 1,640± sq ft as located on Exhibit B. Said air space commences at the existing Burwell Street north side walk level and extends to a height of forty feet (40') above the existing north edge of the Burwell Street sidewalk at the south east corner of said Retail 2 space • Aii Space Retail 3, 2388± sq ft as located on Exhibit B. Said air space commences at the existing Burwell north side walk level and extends to a height of forty feet (40') above the existing north edge of Burwell Street sidewalk at the south east corner of said Retail 3 space The legal description for each site will be attached to this agreement within 30 days of substantial completion of the City Parking Garage and thereby incorporated herein by reference. REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC — Air Space -- Park Ave Plaza Page 6 of 8 O P F N EXHIBIT B — Site Plan of Pads REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC - Air Space — Park Ave Plaza Page 7 of 8 +�wrw �LYi i { � ea>startr 51NCTtnfE �IMii/ti ►J4D t �� �lf10El11ML � �FlOhldlf MO { a MAP I k O r�.a. � � s lIR6�1EL rr..wr �'�°" euaaeu.sr�eY REAL ESTATE PURCHASE AND SALE AGREEMENT LORAX PARTNERS, LLC — Air Space — Park Ave Plaza Page 8 of 8 1 Amendment #1 Real Estate Purchase and Sale Agreement with Earnest Money Provision Signed 8/2/10 between Loran Partners LLC and the City of Bremerton Recital: Lorax Partners has signed a third party buyer to purchase the Cinema Pad and executed an agreement between Lorax Partners and SeeFilm, LLC dated 8/20/10. $50,000 in non - refundable earnest money is held in escrow with First American Title Lorax Partners and the City of Bremerton hereby agree to the follow changes to their purchase and sale agreement: 1. Lorax Partners will allow the execution of a new contract between the City of Bremerton and SeeFihn, LLC and or assigns as well as the transfer of earnest money into a new escrow account. 2. Lorax Partners and SeeFilm will terminate their purchase and sale agreement simultaneously with the new purchase and sale with the City of Bremerton and SeeFilm, LLC or assigns. 3. The City recognizes the close of the "base sale price" per section 3 with the close of the Cinema Pad to SeeFihn, LLC and or assigns 4. With the close of the future sale between the City of Bremerton and SeeFilm, LLC and or assigns, Lorax Partners has earned an incentive of $70,000 (one half the difference of the base purchase price of $360,000 and the sale price of $500,000). 5 In good faith to the City of Bremerton, and acknowledgment of Lorax Partner's commitment to move forward with the development of the remainder of the Park Plaza Project as soon as economically viable, Lorax Partners will forgo this incentive payment at the close of the transaction and instead have the $70,000 recognized as credit toward the future close of any of the remaining air spaces created with the Park Plaza Project. 6. All other sections of the purchase and sale will remain in effect IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date set forth below SELLER: BUYER: THE CITY OF BREMERTON LORAX PARTNERS, LLC B y: 7` B C.4� Patty Lent, or Its• Dated- 7 - - , l l Dated: 7 AMENDMENT NO.2 REAL ESTATE PURCHASE AND SALE AGREEMENT (Loran Partners, LLC) This Amendment No 2 to Real Estate Purchase and sale Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "Seller "), and LORAX PARTNERS, LLC ('Buyer ") as follows WHEREAS, the parties entered into a Real Estate Purchase Agreement ( "Agreement ") where the Seller agreed to sell and the Buyer agreed to purchase certain air space pads on property commonly known as Park Avenue Plaza; and WHEREAS, the sale of one of the air space pads, ("Cinema Pad "), as identified in Exhibit A, as amended by Exhibit A -1 attached hereto, closed on or about July 26, 2011; and WHEREAS, the parties amended the Agreement with Amendment No 1 on July 19, 2011 deferring payment of sale proceeds to Buyer relating to the sale of the Cinema Pad; and WHEREAS, the parties desire to enter into Amendment No. 2 relating to the air space pads to be sold to delete certain air space pads from the Agreement leaving only the residential air space pad ( "Residential Pad "), as identified in Exhibit A -1, to be sold, and further to make other related amendments; NOW THEREFORE, the parties agree as follows A. Recognizing that the sale of the Cinema Pad as contemplated in the original Agreement has closed and that the parties desire to remove other air space pads from the Agreement leaving only the Residential Pad, Section 3 of the Agreement is amended as follows (a) The Seller sells to Buyer and Buyer purchases from Seller the Residential Pad which sale will close by , 2012 (b) It is understood that Buyer intends to sell the Residential Pad to third party owners and/or developers but may opt to retain ownership of the pad for Buyer development and/or ownership (c) For third party resale and/or Buyer retained ownership or development, the Residential Pad shall have the minimum value of $350,000 00 (Based on 5,000 per unit, munmum 70 units) unless otherwise agreed in writing between seller and buyer (d) It is agreed and understood that upon closing of any third party sale of the Residential Pad and/or Buyer giving written notice of exercising their option to retain ownership and/or develop the pad, after deduction of the initial Three Hundred Sixty Thousand ($360,000 00) base price from the sale of the Cinema Pad, Buyer shall pay to Seller, as additional sale price consideration, fifty percent (50 %) of the proceeds from Buyers resale of the Residential Pad, if resold, or the minimum value, whichever is greater If the Residential Pad is not resold to a third party, Buyer shall pay to Seller fifty percent (50 %) of the minimum value. 1 REPSA Amendment No. 2 - Lorax Pursuant to Amendment No. 1 entered into by and between the parties, payment of sale proceeds to Buyer relating to the sale of the Cmema Pad has been deferred until future closing of remaining air space pad(s) The deferred payment will be deducted from the City's share of sale proceeds as follows. Assuming sale proceeds of $350,000.00, the following formula shall apply - $350,000 00 x 50% _ $175,000 00. -Buyer will retain $245,000.00 ($175,000 00 + $70,000.00 deferred payment). -The City will receive the balance of $105,000 00. (e) In the event that Buyer shall not close sale of the Residential Pad to a third party and/or exercise Buyer option by written notice to Seller to retain ownership and/or develop the pad by August 1, 2015, Buyer shall re- transfer title to Seller of said remaining air space at which time the deferred payment will be paid to Buyer without interest. (f) These terms shall run with the land during the existence of this agreement, shall survive closing of the sale of the Residential Pad from Seller to Buyer, and shall take precedence over any subsequent liens, mortgages, taxes or other encumbrances B. Exhibit A of the Agreement is amended to read as set forth in Exhibit A -1, attached hereto and incorporated by this reference All other terms of the Real Estate Purchase and Sale Agreement shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date set forth below SELLER: BUYER: THE CITY OF BREMERTON LORAX PARTNERS, LLC B By: Patty Lent, Mayor its. Dated- Dated: By: Its Dated. APPROVED AS TO FORM. By Roger A Lubovich, City Attorney R \Legal\Legal\Files \Current Active Files\Park Avenue Plaza\REPSA -Lorax - Amendment No 2 - 8 -1 -12 doc 2 REP,SA Amendment ]Vo. 2 - Lorax EXHIBIT A -1 • Air Space Development Pad/Cinema Phase, 24,640± sq ft. as located on Exhibit b. Said air space commences at the top deck of the City Parking Garage west section and extending to a height of forty feet (40') above the deck. • Air Space Development Pad/Residential Phase, 13,550± sq ft. as located on Exhibit B. Said air space commences at the top deck of the City Parking Garage east section and extends to a height of fifty feet (50') above the deck. n • c eve +.,;l 2 � ��� �„ rte_ 1,.. ... sq -- -Ae wel level and emeFA to a height-of 990y feet (40') abow-dw-e*ffit 4he BuFmA StFeet sidewok eA the south east eemeF ef said 2- spare. n • e ,.eve +,,.t 3 �388k � q. � s A. (Q abeve the wdsting nefth edge of A ir- e o W,.,. Li it on" .. ft eixisung Burwell.. work area as leemed en EAWW B Said air- spaee sWI raefffffienee at nffi4b side walk level and fef: the wer-k site (abuWag Bur-well StreeWsWl eMend te Im& �� �� (4 0 abow the emstmg neFffi edge-of -Bur-well S#eL4 side -walk at 4he- setAh east eemer of i err c nr� i v e 4 mar- Spcte Wer-k Live 5, 7471 s _# work afea as leeated on DdHW B Said wer-k ak spaee shall eemmenee a4 e* S410 (40 abeve the eKisung neA edge of Bur-well Stfeet side walk at the squ4h east raemff of Wefk Level 5 The legal desenptien far- eaeh site v411 be attaehed to this agpeement v 30 days ef substantial 3 REPSA Amendment No. 2 - Lorax i DRAFT PARKING LEASE AGREEMENT THIS LEASE AGREEMENT (hereinafter "Lease ") is between the CITY of BREMERTON, a municipal corporation of the State of Washington, with offices located at 345 6th Street, Suite 600, Bremerton, Washington 98337 (hereinafter "City "), and 606 Apartments, LLC (hereinafter "Lessee ") RECITALS WHEREAS, the City now owns certain property commonly known as the Park Avenue Plaza garage legally described in Exhibit A, and WHEREAS, it is the parties' desire to enter into a ten (10) year lease, with one option to extend, for parking spaces in the Park Avenue Plaza garage for use by occupants of the property owned by Buyer (d/b /a Lorax Partners, LLC) commonly known as the Residential Pad on the Park Avenue Plaza, and NOW, THEREFORE, the City and Lessee agree as follows AGREEMENT 1. PROPERTY, 1.1 Property Defined The City leases to Lessee and Lessee leases from the City up to fifty (50) full time parking spaces in the Park Avenue Plaza garage solely for use by Buyer and/or occupants of the property owned by Buyer commonly known as the Residential Pad on the Park Avenue Plaza, which pad was sold to Buyer by City on or about , 2012, for uses related to occupancy of the Residential Pad to be developed as apartments The Lessee will give the City notice seven (7) days prior to the 1 St of each month notifying the City how many of the fifty stalls the lessee will lease and weather the stalls will be leased full -time or evenings This flexibility is granted by the City because of the nature of the parking stall usage for tenants in the apartment building above the garage A site plan is attached hereto as Exhibit B. The specific location of the parking spaces shall be mutually agreed between the parties and may be changed as thereafter agreed by site plan modifications, but shall be among the fifty stalls directly below the apartment on levels P3 & P4 12 Survey, Maps, and Plans Lessee is not relying upon and the City is not making any representations about any survey, plat, diagram, and/or legal description provided by the City 2. USE. 21 Permitted Use Lessee shall use parking stalls exclusively for the use of the apartment tenants occupying the Residential Pad (the "Permitted Use ") and for no other business or purpose, without the prior written consent of the City The Property shall not be used for illegal purposes It is agreed that this lease shall not be construed as the City's waiver of land use or building code provisions that would otherwise apply to any improvements or uses of the site 1 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC 22 Conformance with Laws Lessee shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property 23 Liens and Encumbrances Lessee shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property 4. TERM. 41 Term Defined The term of this Lease is ten (10) years (the "Term "), beginning upon issuance of certificate of occupancy of the apartment building (the "Commencement Date "), and ending ten (10) years after the issuance of the certificate of occupancy, as maybe extended pursuant to Section 4 2 below (the "Termination Date "), unless terminated sooner under the terms of this Lease This Lease is conditioned upon a certificate of occupancy being issued to Buyer, or its successor in interest, by August 1, 2017 Should title to the Residential Pad on the Park Avenue Plaza be reconveyed to the City as authorized in the Purchase and Sale Agreement Between The City and Buyer for the Residential Pad on the Park Avenue Plaza, Buyers interest in this Lease shall terminate 42 Automatic Option to Extend The Term of this Lease shall automatically extend for one additional ten (10) year term except that, during the additional ten (10) year term, either party may terminate the lease for convenience by providing the other party one - hundred eighty (180) days prior written notice of termination 43 End of Term Upon the expiration or termination of the Term, as applicable, Lessee shall surrender the Property to the City as existed on the Commencement Date, reasonable wear and tear excepted 44 Hold Over If Lessee remains in possession of the Property after the Termination Date, the occupancy shall not constitute an extension or renewal of the Term The occupancy shall be a month -to -month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms If the City provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee shall be a trespasser and shall owe the City all amounts due under applicable law 5. LEASE PAYMENT. 5 1 Monthly Payment The lessee shall pay for each full time space rented a sum equal to eighty (80) percent of the average general public monthly rental rate of the Park Avenue Plaza Parking Garage as determined over the prior month?????? For each evening/night parking space defined as 5pm to 6 15am Monday through Friday and all day and night Saturday, Sunday and Holidays, the lessee shall pay 25% of the agreed rent for each full time space rented Lessee shall pay the lease payments monthly to the City by the fifteenth day of the month following the end of each month 52 Payment Place Payment is to be made to the City of Bremerton, Attn Financial Services, 345 6 Street, Suite 600, Bremerton, Washington 98337 5.3. Leasehold Excise Tax Lessee agrees to pay the leasehold excise tax on the lease payment pursuant to Chapter 82 29A RCW currently in the amount of 12 84 percent and as may be adjusted pursuant to Ch 82 29A RCW No adjustments will be made to the leasehold value 2 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC during the term of this Lease, except that, for purposes of assessment and payment of the leasehold tax only, the leasehold value will be adjusted every five years during the term(s) of this Lease based upon the prior five years' Consumer Price Index (CPI) for All Urban Consumers (CPI -U) as published by the United States Department of Labor for Seattle- Tacoma - Bremerton, all items (1982 -84 =100) For purposes of the CPI adjustment, the base shall be the June 2012 CPI index June to June every five years (i e June 2012- June 2017) The CPI adjustment shall occur on the following January 1 St of each year during the term of this Agreement In addition, Lessee agrees to pay when due, the leasehold excise tax, or any additional assessments thereto, with respect to any payment or obligation hereunder, which is deemed by the State of Washington to be taxable rent under said chapter and to indemnify and hold the City harmless from the same Lessee shall pay the amount of the leasehold tax owing with the lease payments to the City or as otherwise required by the State of Washington Lessee may prepay these quarterly payments on a semi - annual or annual basis or as otherwise approved by the City 6. LATE PAYMENTS AND OTHER CHARGES. 61 Late Charge If any rental payment is not received by the City within (10) days of the date due, Lessee shall pay to the City a late charge equal to one percent (1 %) per month of the amount of the lease until the delinquency is paid 7. ASSIGNMENT AND SUBLETTING. 71 City Consent Required Lessee shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease or the Property without the City's prior written consent 72 Rent Payments Following Assignment The acceptance by the City of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer 8. INDEMNIFICATION. 8 1 Each party shall indemnify, defend, and hold the other party harmless for its acts, omissions or negligence relating to its performance of this Lease Agreement 9. DAMAGE OR DESTRUCTION. 9.1 In the event of any damage to or destruction of the Property or any improvements, Lessee shall promptly give written notice to the City 10. DEFAULT AND REMEDIES. 101 Acts Constituting Default Lessee shall be in default of this Lease on the occurrence of any of the following (a) Failure to pay Rent or other expenses when due, (b) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority, (c) Failure to comply with any other provision of this Lease; (d) Failure to cure a default pursuant to Section 112 below, or 3 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC (e) Proceedings are commenced by or against Lessee under any bankruptcy act or for the appointment of a trustee or receiver of Lessees' property 10 2 Failure to Cure A default shall become an event of default ( "Event of Default ") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee with written notice of default, which specifies the nature of the default 113 City's Remedies Upon Default Upon an Event of Default and Failure to Cure as defined in 112, the City may terminate this Lease 11. NOTICE. Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time The City City of Bremerton Attn 345 6 Street, Suite 600 Bremerton, Washington 98337 Lessee 606 Apartments, LLC A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable 13. MISCELLANEOUS. 13 1 Authonjy Lessee and the person or persons executing this Lease on behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that Lessee has full right and to enter into this Lease, and that each and every person signing on behalf of Lessee is authorized to do so 132 Successors and Assigns This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns 133 Entire Agreement This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease 134 Waiver The waiver by the City of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition, of any subsequent breach or default of the same, or of any other term, covenant, or condition of this Lease The City's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted 4 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC 13 5 Cumulative Remedies The rights and remedies of the City under this Lease are cumulative and in addition to all other rights and remedies afforded to the City by law or equity or otherwise 13 6 Time is of the Essence TIME IS OF THE ESSENCE as to each and every provision of this Lease 137 Invalidiiy If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease 13 8 Applicable Law and Venue This Lease shall be interpreted and construed in accordance with the laws of the State of Washington Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Krtsap County, Washington 13 9 Modification Any modification of this Lease must be in writing and signed by the parties The City shall not be bound by any oral representations or statements 13 10 Survival of Covenants The covenants contained herein survive the termination or expiration of the Lease for the applicable statute of limitation periods 13 11 Quiet Enjoyment The City covenants and agrees that Lessee, upon performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property during said term without any interruption by the City, its successors or assigns City will use its best efforts not to interfere with Lessee's business or right of access to and from the Property during the term of this Lease 13 12 Recording of Short Form Lease Neither the City nor Lessee may record this Lease without the other's prior approval, but the parties will at any time at the request of either party promptly execute duplicate originals of an instrument, in recordable form, which will constitute a short form of this lease, setting forth a description of the Property, the terms of this lease and other provisions hereof, except the rental and other provisions as either party may request, which may be recorded 13 13 Duplicate Originals This Lease Agreement may be executed in duplicate originals THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below CITY OF BREMERTON 606 APARTMENTS, LLC By Patty Lent By Its Mayor Its Date Date 5 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and acknowledged that (s)he signed this instrument, on oath stated that (s)he was authorized to execute the instrument, and acknowledged it to be the free and voluntary act for the uses and purposes mentioned in the instrument WITNESSETH my hand and seal this day of , 20_ NOTARY PUBLIC in and for the State of Washington, residing at My commission expires 6 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC EXHIBIT A Legal Description 7 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC EXHIBIT B Site Plan 4th Street -Under Renovations So Off: WAI AW-W LM Burwell Street 8 Parking Lease Agreement City of Bremerton and 606 Apartments, LLC