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HomeMy WebLinkAbout06/04/2014 AGENDA ILE. IMMI CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 JUNE 4, 2014 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. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — May 21, 2014 C. Minutes of Study Session — May 28, 2014 D. Appointment of Deborah Housen to the Lodging Tax Advisory Committee E. Appointment of George Willock to the Lodging Tax Advisory Committee F. Renewal of Shelter Plus Care Agency Service Agreement with Agape Unlimited G. Professional Services Agreement with L2 Systems, LLC for the Water Supervisory Control and Data Acquisition (SCADA) System Upgrade H. Purchase for replacement of one 2014 Ford Escape with 4 -Wheel Drive for the Water & Utility Department from Columbia Ford of Longview, WA I. Amended Interlocal Agreement between the City of Bremerton and the Bremerton Transportation Benefit District (TBD) J. Amendment No. 5 to the Real Estate Purchase and Sale Agreement with Lorax Ventures, LLC for residential airspace on property commonly known as Park Avenue Plaza K. Approve Public Pedestrian and Vehicular Ingress /Egress Easements granted to the City of Bremerton by Camits, LLC and United Way of Kitsap County 6. GENERAL BUSINESS A. Granting Air Rights Easements by the City of Bremerton to 606 Lorax, LLC for the Airspace above Burwell Street and the 0 Street Alley for a future Apartment Project 7. COUNCIL MEMBER REPORTS 8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473 -5323 at least 24 hours prior to the Meeting. BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT & YOU WISH YOUR NAME TO BE INCLUDED IN THE RECORD .S cD k�,v� (-A In 0- \� 7 v, 5 /,\ 4, d , W REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU Proclamation WHEREAS, Soroptimist is an international service organization that means "best for women "; and WHEREAS, the vision of Soroptimists is for women and girls to have the resources and opportunities to reach their full potential and live their dreams; and WHEREAS, the mission of Soroptimist is to improve the lives of women and girls through programs leading to social and economic empowerment; and WHEREAS, the Soroptimist International of Greater Bremerton was chartered in June 1944; and WHEREAS, Soroptimist International of Greater Bremerton is celebrating 70 years of community service; NOW, THEREFORE, I Patty Lent, Mayor of the City of Bremerton do hereby proclaim June 17, 2014 as Soroptimist Recognition Day in Bremerton. Signed this 4 day of June 2014 Mayor Patty Lent O f t ,he �re�� T��:c� fiver' - �Y r• . �,�• o Ai �y��•, yy' /Ft- , 7 ��\ // 1 K'�d► •� t' `y +fie, i ��' y 51 y �.`� .n*✓ � � lit t , .L •�z � , w tl_1 •).Y. ICS �� 4 k S � t Ej YARD WASTE ROUNDUP S atu rd ay , 7 8:OOAM to 3:30PM Olympic Organics, 7890 NE Ecology Rd, Kingston Free to residential customers For more information please visit www.kitsal3gov.com M TON MARINA National Marina _Day and Rendezvous Friday June 13 and Saturday June 14, 2014 Featuring Chip Hanauer, "The Boat Guy" And loads of fun, free events and activities Getting ready for Medicare? W Are you turning age 65 soon? . Will u soon be eligible for Medicare? Y 9 4 Want to know more about Medicare? Join us for a FREE "Welcome to Medicare" class. We'll cover: Medicare Parts A and B Medicare supplement and Medicare .� Advantage plans Part D prescription drug plans Fraud p revention Date: Wednesday, June 18, 2014 Time: 7 p.m. Location: 1780 NW Myhre Rd, Silverdale Harrison Medical Center, Orchid Rm To register, call: 1- 800 - 562 -6418 Walk -ins welcome, but space is limited and available on a first -come, first - served basis. Statewide Health Insurance Benefits Advisors (SHIBA) Sponsored by SHIBA, a free and unbiased service of the: Washington State Office of the Insurance Commissio •• Proclamation WHEREAS, June 19 is the anniversary of the Emancipation Proclamation of 1865 at end of the Civil War and slavery was officially abolished; and WHEREAS, Juneteenth commemorates African American freedom this day we also celebrates the successes gained through education and greater opportunity; and WHEREAS, in the City of Bremerton and Kitsap County, many African Americans have come here to serve our country, or to leave behind hardships elsewhere. They have helped to build our city and county and many serve in the US Navy, Keyport and Bangor, or are employed at PSNS and the Bremerton Naval Shipyard; and WHEREAS, their contributions include many of the churches in our community, civic leaders, teaches, serve on the school board, and business owners; and WHEREAS, the City of Bremerton is home to many people of many ethnic origins, we are able to work together in many ways; and WHEREAS, we believe that all people have the right to live in peace and harmony, to follow their beliefs and to pursue their dreams without prejudice or discrimination; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim June 21, 2014, as our twelfth annual recognition of 149 years of freedom from slavery and urge all citizens to join in this celebration at Evergreen Park in Bremerton. Signed this 4` day of June 2014 Mayor Patty Lent JUNETEENTH CELEBRATION Oft aw Oft aw Oft ow 406 aw oft aw Oft MW 40ft aw Oft aw Oft aw .00 aw SATURDAY, JUNE 21, 2014 12=6PM Evergreen Rotary Park Entertainment, arts &crafts vendors, board games, face painting, balloons and more! For more information, please contact Robert Boddie — 360 - 551 -0987; JD Sweet — 360 -620 -9856 or email idlsweeteaol.com. - I .Y 1 1111 = ��, • cow lit WON ..�.. - „ `.� y - - E •r .. ^ra f � •: � • ..3 � ��''� �. - iii r _ .+� � �4RD �l� WIN 1 � a• F� F t r t yT 1 + S u! Q ,' r i i� �t�6 ^ter a 4 � Vr S I ppr,• k�3 TV W S 4 40 I i ts t x tVqtrl �W alt 0 I!y �A � c .iy1p 3iY-, f y r � 41t, w ork I � II a ' m. M ,r w S t 9, F (r f == k { ` 1 f r�� t l Wi tT if r� « Y i tt s F , 2, A ll' 1. ,. t q Nry , icy : j ' 1_ r ✓ 3 .T. V ; n .P •K•ci hm Yt .;:,q �•� .� X27 1 d 1 l 4 M � yyt b { t . P M n 'tX�Ln07t IfMf� 'u a r p NNW Rt e' E t% JD 4 A a v t d t , ■ h N Allb y American lied Cross Serving King and Kitsap Counties You are invited to The Red Cross Experience A Red Cross Community OPEN HOUSE Join us on Friday, June 6 from 4 p.m. - 7 p.m. ' I 811 Pacific Avenue \� Bremerton q� Rea ri Activities include: ' • Red Cross shelter experience • Opportunity to sample a shelter meal (FREE!) • FR E E emergency preparedness activities and giveaways i = _•—� _ (limited quantities) • FREE photos with "ERW (Emergency Response Vehicle) • Meet local firefighters & see a Bremerton Fire Department fire engine up close! • Fun, FREE kids activities and more! June 6 is Bremerton's First Friday Art Walk so make your way downtown for all the fun and festivities, check out the newly renovated Pacific Avenue, and come by to experience the American Red Cross! Sponsored by • e► For more information, contact: 360- 377 -3761 • % ; or visit www.redcross.org /wa /seattle Bremer Trust 1 • •� ` F ;I.'' r. .'ice i s ils'' 'I ', \� /.. r/ • {r(t}.- — ''\� .�•'bis' \i \ \ •/ \ " � ' `� " �1� i a •:,j. C� . �,.,. '�;i fr i. `I �.? r .s�ir ( I /�. ���I����Y\I: 1 .. \ �\ — � It - •()+, 1''.,; �� .� "4•`� t '� '.� '1 v 1 ' 1 w! ' z ' ,j �; \ `• T ` r A - '� •c '. - Ir �� ,d• t. `.sr7Ar,� "n'' i >..'! ; :�i'; ' �.� + 'i'� �y' �t�` mil• _ ;a # ` �I.�� 1 •I R2 .� rZY \ '. !\ K"� .. ' \II.. 'flv'Ili rr•� % 1 j / 1 • _ 1H X 1 AGENDA BILL 5A CITY OF BREMERTON CITY COUNCIL eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeo SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: June 4, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473 -5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check #'s 358434 through 358570 and EFT's 13863 through 13898 in the amount of $1,476,074.47. 2) Regular Payroll for the pay period ending May 31, 2014 in the amount of $699,559.85 3) Retiree Payroll for the pay period ending May 31, 2014 in the amount of $54,067.13. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL 4513 CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Minutes of Meeting — Study Session Date: N/A May 21, 2014 COUNCIL MEETING Date: June 4, 2014 Department: City Council Presenter: Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting on May 21, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 21, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 21, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Mike Sullivan. Council Member Leslie Daugs was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Dave Sorenson, Information Services Network Administrator. 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 Mike Sullivan followed by the invocation provided by Reverend Kathleen Kinaslight of St. Paul's Episcopal Church. MAYOR'S REPORT — Mayor Patty Lent... • Presented a Mayor's Appreciation Award to Brynnee Gent Cross Point Academy student, for her performance as a youth vocalist during the Cinco de Mayo Celebration which was accepted by Martita May on her behalf; • Was pleased to see local high school students enjoy their tour of the City's Waste Water Treatment Plant; • Hoped everyone would enjoy Kitsap Harbor Festival activities planned for May 24 to 25 on the Bremerton Marina & Boardwalk, and at the Port Orchard Marina & Park; • Read a Proclamation to proclaim May 26, 2014 in Observance of "Memorial Day'; • Announced a special Memorial Day Celebration to reflect and pay tribute to fallen heroes and their families on Sunday, May 25 at 8:00 PM at Miller - Woodlawn Memorial Park; • Also announced several other events to be held on Monday, May 26 including Memorial Services at 10:00 AM onboard the USS Turner Joy; 11:00 A at Forest Lawn Cemetery; 1:00 PM at Ivy Green Cemetery; and a 3:00 PM Flag Retirement Ceremony at NAD Park; • Encouraged the community to attend the Red Cross Open House at their new location at 811 Pacific Avenue on Friday, June 6 from 4:00 to 7:00 PM; • Shared photos of Council Members Wheeler, McDonald, and Davis along with City Directors Wyn Birkenthal and Chal Martin volunteering their time to clean up the City Gateway; • Hosted STEM Academy students who visited City Hall to learn about local government; • Announced that tickets are now available for the Annual Brewfest on July 12; and • Was pleased to report that work on the Warren Avenue Bridge has been completed and is now open to pedestrians. PUBLIC RECOGNITION Mike Walton Bremerton Family YMCA Director, reported on the very successful "learn to swim" program; and announced that the pool will be closed from June 1 to the end of August for major upgrades and maintenance. Taylor Niemv urged Council Members to ban the use of pesticides in the City and announced that there will be a "March against Monsanto" on Saturday at 1:00 PM at Evergreen Rotary Park. Jerry McDonald requested that Mr. Niemy provide alternatives in writing for the Council's consideration. City Council Reg. Mtg. Minutes Wednesday, May 21, 2014 Page 2 of 5 Martita May reported on a successful dental clinic for low income individuals; and thanked the City for their support of the Cinco de Mayo Celebration. Deirdre McKeel also provided comments in support of eliminating the use of pesticides and finding alternatives; and observed that in some places, the pesticide is being applied several times. President Wheeler emphasized that all citizens have the option of opting out of the pesticide application by contacting the Public Works & Utilities Department. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 358237 through 358433, and EFT -13821 through EFT -13862 in the amount of $1,660,676.36; Regular Payroll (Pay Out and Correction) for the pay period ending April 30, 2014 in the amount of $5,198.13; Regular Payroll for the pay period ending May 15, 2014 in the amount of $708,078.45; 519 — Minutes of Meeting — May 7, 2014 5C — Minutes of Study Session — May 14, 2014 5D — Professional Services Agreement with FCS Group to conduct a General Facilities Charge and Fee Study for the City of Bremerton 5E — Purchase for replacement of one 2014 JD -6105 Tractor with a mid -mount 22' Boom Mower from Sonsray Machinery of Auburn, WA 5F — Purchase for replacement of one 2015 Ford F550 4x4 Service Truck for the Water Department from Cobalt Truck Equipment of Spokane, WA 5G — Contract Award to JCI Jones Chemicals, Inc. for purchase of 12.5% Bulk Sodium Hypochlorite Solution for the Westside Wastewater Treatment Plant 5H — Additional Rate Advancement for Kevin Matthew, Information Services Manager 51— Appointment of Michael Riley, Jr. as the Assistant Director of Financial Services at a Step higher than Rate 1 in Pay Band 16 of the 2014 City of Bremerton Management Salary Plan 5K— Grant Agreement with the State of Washington Recreation & Conservation Office for Kiwanis Park Phase II Improvements 5L — Contract Award to Pivetta Brothers Construction, Inc. for Construction of the "Evergreen Rotary Park Renovation" Project Rebekah Uhtoff (with sons Gabe and Jacob) spoke on behalf of Bremerton Beyond Accessible Playground to thank the City and the community for their support of this project; presented a check to the City for $22,000 to pay for a water fountain and additional construction costs; announced that there will be an opportunity to decorate a tile on May 31 at 4:00 PM and June 3 at 5:00 PM at the Sheridan Park Community Center; and announced that volunteers are needed to build new picnic tables on Sunday, June 8 at Noon at Evergreen Rotary Park. Mayor Lent introduced Michael Riley, Jr. who looked forward to working for the City. 06:08:19 Motion was made by Davis and seconded by Runyon; Questions and comments were provided by Runyon; with a response provided by Chal Martin Public Works & Utilities Director. 06:09:20 M /S /C /U (Davis /Runyon) Move to approve the CONSENT AGENDA as presented. City Council Reg. Mtg. Minutes Wednesday, May 21, 2014 Page 3 of 5 PUBLIC HEARING 6A — PUBLIC HEARING ON RESOLUTION NO. 3219 TO APPROVE THE 2015 BREMERTON /KITSAP BLOCK GRANT (CDBG) POLICY PLAN AND 2015 KTISAP COORDINATED GRANT NOTICE OF FUNDING AVAILABILITY Marie Vila CDBG /HOME Program Administrator, summarized that the CDBG /HOME Policy Plan is a joint document of the City of Bremerton and Kitsap County Block Grant Program. It sets the parameters for the management of our HUD entitlement grant awards, provides specific information about the policies and regulations for the use of HUD Block Grant funds, includes the Citizen Participation Plan, and outlines the allocation process. The Notice of Funding Availability lists funds available, targeted allocations, priorities, and dates to remember. Please see the attached Staff Memo for notable details included in the 2015 Policy Plan and NOFA. President Wheeler opened the public hearing... With no comments from the public, President Wheeler closed the hearing to the public, and opened discussion to the City Council... 06:17:12 Motion was made by Runyon; and seconded by Davis, There were no comments made by Council Members. 06:17:25 M /S /C /U (Runyon /Davis) Move to pass Resolution No. 3219 adopting the City of Bremerton / Kitsap County CDBG /HOME Policy Plan and 2015 Notice of Funding Availability. GENERAL BUSINESS 7A — CONSULTANT AWARD TO PARAMETRIX, INC. FOR THE DESIGN OF THE "WASHINGTON AVENUE SIDEWALK CONNECTOR" PROJECT Chal Martin Public Works & Utilities Director, explained that the City received funding form the Washington State Department of Transportation (WSDOT) to make bicycle and pedestrian improvements on Washington Avenue from 5th Street to the Manette Bridge. This project is to be combined with the current effort to retire the existing sanitary beach main between the marina and Evergreen Park. The project includes revising the current roadway section to include 5 -foot bike lanes, wider sidewalks, landscaping, street lighting, stormwater and water main improvements, along with the sanitary component installing grinder pumps for existing dwellings, a new sanitary main in Washington Avenue, and retire the existing sanitary beach main and Pump Station No. 3. The City selected Parametrix as the designer due to that company's familiarity and design experience for the portion of the sanitary project from the Manette Bridge north to Evergreen Park. There will be a meeting to take public comment on June 12 beginning at 5:30 PM in the Meeting Chambers. There were no questions or comments by the public... 06:33:55 Motion was made by Davis; and seconded by Younger; Questions and comments were provided by Davis, McDonald, Younger, Runyon, Sullivan, and Wheeler, with responses provided by Mr. Martin Mayor Lent Andrea Spencer Community Development Director, and Tom Knuckey City Engineer. 06:58:08 M /S /C (Davis/Younger) Move to approve the Consultant Contract with Parametrix, Inc. for the design of the Washington Avenue Sidewalk Connector in the amount not -to- exceed $320,963; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: Davis, Runyon, Younger, McDonald, Wheeler Voted opposed to Motion: Sullivan Motion carried: 5 -Yes; 1 -No City Council Reg. Mtg. Minutes Wednesday, May 21, 2014 Page 4 of 5 7B — CONTRACT AWARD TO DP WAIN CONSTRUCTION, INC. FOR UPGRADES AT THE GLENN JARSTAD AQUATIC CENTER Jeff Elevado Parks & Recreation, stated that as part of the YMCA Concession Agreement with the YMCA of Kitsap and Pierce Counties to operate the City -owned Glenn Jarstad Aquatic Center, the City is obligated to fund previously identified one- time Capital Improvements. Sealed bids for the Pool Filtration and Chemical Feed System Upgrades were opened on May 19, 2014. The estimate for this project is $400,000. Three Bids were received for this project, with DP Wain Construction, Inc. submitting the lowest responsive, responsible bid at $498,497.00, including sales tax. The contract includes work the City is responsible for as well as additional improvements the YMCA will be contracting at their expense. The City's portion of the contract is $250,000. There were no questions or comments by the public... 07:01:30 Motion was made by Runyon; and seconded by Sullivan; Questions and comments were provided by Runyon, Davis, and Wheeler, with responses provided by Mr. Elevado 07:05:04 M /S /C /U (Runyon /Sullivan) Move to award a contract of $498,497.00 (including sales tax) with DP Main Construction. Inc. for the Pool Upgrades at the Jarstad Aquatic Center, approve the proposed Memorandum of Agreement between the City and YMCA for project management, and authorize the Mayor to finalize and execute the necessary documents for construction. Ronn McMahon Kitsap- Pierce YMCA Senior Vice - President Financial Development, thanked the Council for their support. COUNCIL MEMBER REPORTS Eric Younger commented on the similarities Bremerton shares with Lakewood; and looked forward to discussion next year on finding ways to encourage people to live here. Roy Runyon agreed with comments made by Council Member Younger; announced that the Finance & Investment Committee meeting on May 27 has been cancelled; looked forward to the Kitsap Harbor Festival on Saturday, May 24 and Sunday, May 25; added that the foot ferry will be operating during the Festival; and hoped people would participate in planting a garden to benefit Bremerton Foodline on Saturday, May 31 beginning at 8:00 AM at Haddon Park located at the corner of 15 and North Lafayette. Dino Davis echoed earlier comments on encouraging people to move to Bremerton; invited citizens to attend the District 5 Meeting tomorrow night, Thursday, May 22 starting at 6:30 PM at Chet's Place Restaurant located at 610 North Callow Avenue for an Update on District 5 and an opportunity to meet Bremerton Community Resource Officer Joe Sexton. Jerry McDonald emphasized that Kitsap Harbor Festival will be taking place in Bremerton and Port Orchard; announced that Clayworks is closing by the end of the month; and that the Horse & Cow restaurant will be opening soon in the downtown area. Mike Sullivan encouraged volunteers to join the "Adopt -a -Beach Program" by participating in the next Lions Park Beach Clean -Up event on Saturday, May 24 beginning at 10:00 AM; and added that he really enjoyed participating in events with the Delegation from Kure, Japan. Greq Wheeler commended the Bremerton Lions for hosting the Kure Delegation; thanked the Kiwanis Club for making the Armed Forces Parade run smoothly; and announced that the monthly Kiwanis Park Clean -Up will be held this Saturday from 9:00 to 11:00 AM. City Council Reg. Mtg. Minutes Wednesday, May 21, 2014 Page 5 of 5 With no further business, President Wheeler announced that the Transportation Benefit District (TBD) Board would meet tonight after a brief recess; and then adjourned the Council Meeting at 7:19 PM. Prepared and Submitted by: A/ CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg i AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeaeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeeeeeeeeeeeeseeeeeeeeee■ SUBJECT: Minutes of Study Session — Study Session Date: N/A May 28, 2014 COUNCIL MEETING Date: June 4, 2014 Department: City Council Presenter: Council President Phone: (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Study Session on May 28, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Discussion ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02112 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 28, 2014 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6 Street, Bremerton, Washington, Wednesday, May 28, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; no action was anticipated; and announced that approved items by Council will be placed on the June 4, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. Appointment of Deborah Housen to the Lodging Tax Advisory Committee (Consent Agenda) 2. Appointment of George Willock to the Lodging Tax Advisory Committee (Consent Agenda) 3. [ ) (Bumped to June 11) 4. Renewal of Shelter Plus Care Agency Service Agreement with Agape Unlimited (Consent Agenda) 5. Professional Services Agreement with L2 Systems, LLC for the Water Supervisory Control and Data Acquisition (SCADA) System Upgrade (Consent Agenda) 6. Purchase for replacement of one 2014 Ford Escape with 4 -Wheel Drive for the Water & Utility Department from Columbia Ford of Longview, WA (Consent Agenda) 7. Amended Interlocal Agreement between the City of Bremerton and the Bremerton Transportation Benefit District (TBD) (Consent Agenda) B. BRIEFINGS & FULL PRESENTATIONS 8. Review of the 2015 Preliminary Capital Improvement Program (CIP) —Cathy Johnson, Financial Services Director; and Caroline Tompson, Budget Analyst (Information Only) 9. Amendment No. 5 to the Real Estate Purchase and Sale Agreement with Lorax Ventures, LLC for residential airspace on property commonly known as Park Avenue Plaza (Consent Agenda) 10. Granting Air Rights Easements by the City of Bremerton to 606 Lorax, LLC for the airspace above Burwell Street and the 41h Street Alley for a future apartment project (General Business) 11. Approve Public Pedestrian and Vehicular Ingress /Egress Easements granted to the City of Bremerton by Camits, LLC and United Way of Kitsap County (Consent Agenda) I City Council Special Meeting Minutes Wednesday, May 28, 2014 Page 2of2 C. GENERAL COUNCIL BUSINESS o Council Reports were provided. With no further business, President Wheeler adjourned the Council Study Session at 5:50 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5D CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Appointment of Deborah Study Session Date: May 28, 2014 Housen to the Lodging Tax Advisory COUNCIL MEETING Date: June 4, 2014 Committee Department: Executive Presenter: Mayor Lent Phone: (360) 473 -5266 SUMMARY: RCW 67.28 requires at least two representatives from organizations that are eligible to receive funding from the hotel -motel tax to serve on the Lodging Tax Advisory Committee. Deborah Housen (Evergreen Children's Theatre & Aurora Valentinetti Puppet Museum) has been selected to serve on the Lodging Tax Advisory Committee (LTAC). Ms. Housen will serve a three - year term that ends June 14, 2017. ATTACHMENTS: Application available in the Mayor's Office FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to appoint Deborah Housen to the Lodging Tax Advisory Committee with a term that will end June 14, 2017. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeaeseeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Appointment of George Willock Study Session Date: May 28, 2014 to the Lodging Tax Advisory Committee COUNCIL MEETING Date: June 4, 2014 Department: Executive Presenter: Mayor Lent Phone: (360) 473 -5266 SUMMARY: RCW 67.28 requires at least two representatives from organizations that are eligible to receive funding from the hotel -motel tax to serve on the Lodging Tax Advisory Committee. George Willock (Kitsap Historical Society & Museum) has been selected to serve on the Lodging Tax Advisory Committee (LTAC). Mr. Willock will serve a three -year term that ends June 14, 2017. ATTACHMENTS: Application available in the Mayor's Office FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to appoint George Willock to the Lodging Tax Advisory Committee with a term that will end June 14, 2017. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 5F AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: FY2013 Renewal of Shelter Study Session Date: May 28, 2014 Plus Care Agency Service Agreement with COUNCIL MEETING Date: June 4, 2014 Agape Unlimited Department: DCD — Block Grant Presenter: Marie Vila Phone: 360- 473 -5375 SUMMARY: Since 1996, the City of Bremerton has acted as a pass- through agent for the Shelter Plus Care program administered locally by Agape Unlimited. Funded by the McKinney -Vento Act and administered by the Department of Housing and Urban Development, Shelter Plus Care (SPC) funds provide rental assistance for homeless individuals and families affected by mental illness, chemical dependency, or both. Participants receive assistance and counseling to achieve self - sufficiency, or about two years. The City has executed its contracts for FY2013 Shelter Plus Care allocations with HUD for services to be provided during the programs year 2014 -2015, and may now proceed with the sub - recipient agency service agreement between the City and Agape. ATTACHMENTS: Exhibit A: 2014 -15 Shelter Plus Care Agency Service Agreement for FY2013 between the City of Bremerton and Agape Unlimited; Exhibit B: 2014 -15 Shelter Plus Care Management Procedures FY2013 FISCAL IMPACTS (Include Budgeted Amount): Pass -thru funding of $186,146.00 from the Department of Housing and Urban Development to Agape Unlimited, Project Sponsor. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the 2014 -15 Agency Service Agreement for FY2013 between the City of Bremerton and Agape Unlimited and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01125/13 Exhibit A Shelter Plus Care AGENCY SERVICE AGREEMENT CFDA Number: 14.238 AN AGREEMENT, by and between the City of Bremerton hereinafter referred to as "City" and Agape Unlimited, hereinafter referred to as "Agency" by which the Agency agrees to carry out specific activities under the City of Bremerton's Shelter Plus Care Grant Program and establishing certain other terms and conditions of operation. IT IS MUTUALLY AGREED AS FOLLOWS: ARTICLE I. PROJECT 1. SCOPE OF SERVICES The City, as recipient of a Shelter Plus Care Grant from the United States Department of Housing and Urban Development (HUD), hereby designates the Agency to undertake, and the Agency hereby agrees to undertake the activities specifically described in the applications and management procedures /plan and summarized below: Agency will provide affordable housing and a full range of services to homeless individuals who have chronic alcohol and drug problems. The continuum of housing linked to appropriate social services is designed to promote self - sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals. Project based assistance will be provided in accordance with the City's agreement with HUD for grant number WA0098LOT011306, executed on May 15, 2014 for renewal date July 1, 2014. Tenant Based assistance will be provided in accordance with the City's agreement with HUD for grant number WA0100LOT011306, executed on May 15, 2014 for renewal date July 1, 2014. Sponsor Based assistance will be provided in accordance with the City's agreement with HUD for grant number WA0099LOT011306, executed on May 15, 2014 for renewal date June 1, 2014. The Management Procedures /Plan (Exhibit B) outlines the management of the three programs. 2. TERM OF AGREEMENT The term of this Agreement is June 1, 2014 through June 30, 2015, determined by the specific grant, but may be extended pursuant to an amendment to this Agreement as authorized in Article IV.8, or should additional time for auditing this project be required, in accordance with law, this Agreement shall be deemed automatically extended until such time as the said audit shall be completed. In any event, the term of this Agreement shall cover the period that the Agency has control over Shelter Plus Care funds. Exhibit A 3. PROGRAM REPORTING The Agency shall submit such reports as required by the City to meet its local obligations and its obligation to the Department of Housing and Urban Development. The City will prescribe the report format, as well as the time and location for submission of such reports. Required reports include but are not limited to the following: (A) Semi - Annual Performance Reports which shall include all information required by HUD in the final Annual Performance Report. (B) Annual Housing Quality inspections and rent reasonableness studies. ARTICLE II. FINANCIAL CONDITIONS 1. BUDGET AND COMPENSATION The City shall reimburse the Agency its allowable costs for the services identified in this Agreement not to exceed $34,390.00 (Thirty -four thousand three hundred ninety dollars) under project based assistance contract WA0098LOT011306; $111,454.00 (One hundred eleven thousand four hundred fifty -four dollars) under sponsor based assistance contract WA0099LOT011306; and $40,302.00 (Forty thousand three hundred two dollars) under tenant based contract WA0100LOT011306 upon presentation of properly executed monthly invoices in a form approved by the City. Such reimbursement shall constitute full and complete payment by the City under this Agreement. Allowable costs shall mean those necessary and proper costs identified in the Agency's application and approved by the City unless any or all such costs are disallowed by the State of Washington or the United States. 2. DOCUMENTATION OF COSTS AND OTHER FINANCIAL REPORTING All costs shall be supported by documentation, as evidence of the nature and propriety of the charges. All accounting documents pertaining in whole or in part to this Agreement shall be clearly identified and readily accessible, and upon reasonable notice, the City and United States shall have the right to audit the records of the Agency as they relate to the work. The Agency shall also: (A) Maintain an effective system of internal fiscal control and accountability for all Shelter Plus Care funds, and make sure the same are used solely for authorized purposes. Exhibit A (B) Keep a continuing record of all disbursements by date; check number, amount, vendor, description of items purchased and line item from which money was expended, as reflected in the Agency's accounting records. (C) Maintain financial records for a period of five (5) years after receipt of final monitoring letter from the City provided that the Annual State audit (which includes the Shelter Plus Care Program) has been completed. (D) Permit inspection and audit of its records with respect to all matters authorized by this Agreement by representatives of the City the State Auditor or the United States at any time during normal business hours and as often as necessary. (E) Inform the City concerning any funds allocated to the Agency that the Agency anticipates will not be expended during the Agreement period, and permit reassignment of the same by the City to other agencies. (F) Repay to the City any funds in its possession at the time of termination of this Agreement that may be due to the City or the United States. 3. REIMBURSEMENT The City shall reimburse the Agency only for actual incurred costs upon presentation of a properly executed invoice in a form approved by the City. Only those allowable costs directly related to the Agency's application, shall be paid consistent with Article 11 paragraph 2. In the event the City or United States determines any funds were expended by the Agency for unauthorized or ineligible purposes or the expenditures constitute disallowed costs in any other way, the City or United States may order repayment of the same. The Agency shall remit the disallowed amount to the City within thirty (30) days of written notification of the disallowance. (A) The Agency agrees that funds determined by the City to be surplus upon completion of the Agreement will be subject to cancellation by the City. (B) The Agency agrees that upon expiration of this Agreement, the Agency shall transfer to the City any Shelter Plus Care funds on hand at the time of expiration and any account receivable attributable to the use of Shelter Plus Care funds. (C) The City shall be relieved of any obligation for payments if funds allocated to the City cease to be available for any cause other than misfeasance of the City itself. (D) The City reserves the right to withhold payments pending timely delivery of program reports or documents as may be required under this Agreement. Exhibit A ARTICLE 111. FEDERAL CONDITIONS 1. UNIFORM ADMINISTRATIVE REQUIREMENTS Agency shall comply with Continuum of Care Program regulations set forth at 24 CFR part 578 and Shelter Plus Care regulations set forth at 24 CFR part 582. 2. CONFLICT OF INTEREST In addition to the conflict of interest requirements in 24 CFR part 85, no person who is an employee, agent, consultant, officer, or elected official or appointed official of the Agency, who exercises any function or responsibilities with respect to the program or who are in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from the activity, or have a financial interest in any contract, subcontract, or agreement with respect to the proceeds of the shelter plus care assisted activity either for themselves or those with whom they have business or immediate family ties, during their tenure or for one year thereafter. Participation by homeless individuals who also are participants under the program in policy or decision making under 24 CFR part 582.300 does not constitute a conflict of interest. 3. DISPLACEMENT, RELOCATION, AND REAL PROPERTY ACQUISITION The Agency shall comply with the requirements relating to displacement, relocation, acquisition and replacement of housing (24 CFR part 582.335). Displacement of persons (families, individuals, businesses, non - profit organizations and farms) as a result of activities assisted with Shelter Plus Care funds is generally discouraged and in all instances must receive prior written approval from the City. 4. LEAD BASED PAINT Agency shall comply with HUD Regulations on Lead Based Paint hazards in federally owned housing and housing receiving Federal assistance. (24 CFR Part 35) 5. DISCRIMINATION PROHIBITED Under the activities, funded in whole or in part by Shelter Plus Care, Agency shall comply with 24 CFR part 582.330. Exhibit A ARTICLE IV: GENERAL CONDITIONS 1. COMPLIANCE WITH LAWS The Agency, in performance of this Agreement, agrees to comply with all applicable Federal, State and Local Laws and ordinances, and the rules and regulations promulgated by the U.S. Department of Housing and Urban Development, including but not limited to Shelter Plus Care Regulations and other policies and guidelines established for the Shelter Plus Care Program regardless if the law is specifically stated in this Agreement. 2. LICENSING AND PROGRAM STANDARDS The Agency agrees to comply-with and to obtain at its own expense, if necessary, all applicable Federal, State, County or Municipal standards for licensing, certification and operation of facilities and programs, and accreditation and licensing of individuals, and any other standards or criteria as described in the Contract to assure quality of services. 3. INSURANCE The Agency shall maintain at all times a policy of comprehensive general liability insurance providing an amount of $1,000,000.00 per occurrence, protecting the City of Bremerton from any and all damages which may arise in connection with the services to be provided hereunder, whether or not such damages are alleged to arise from acts or omissions which are the sole negligence of the City, its officers, employees, and or agents, or the combined negligence of the City and others. Such insurance shall include the City as additional insured and shall not be reduced or canceled without 30 days written prior notice to the City. The Agency shall provide and maintain a current Certificate of Insurance as evidence of the insurance required in this section. 4. INDEMNITY The Agency agrees to defend, indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage and expense, including costs and attorney fees in defense thereof because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained or alleged to have been sustained by any person or persons and on account of damage to property, arising or alleged to have arisen directly or indirectly out of or in consequence of or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Agency, its subcontractors, agents, successor, or assigns. This provision shall be inapplicable to the extent the City are judicially found solely negligent for such damage or injury. Exhibit A 5. NOTICES Any notices required to be given by the City to the Agency or by the Agency to the City shall be in writing and delivered to the following parties at the following addresses: City: Agency: CDBG Program Administrator Barbara Day Max City of Bremerton AGAPE 3456 1h Street Suite 600 4841 Auto Center Way Bremerton, WA 98337 Bremerton, WA 98312 6. ASSIGNMENT AND SUBCONTRACTING The Agency shall not assign or subcontract any portion of the services provided within the terms of this contract without obtaining prior written approval from the City. All terms and conditions of this Contract shall apply to any approved subcontract or assignment related to the Contract. 7. RESERVATION OF RIGHTS Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 8. AMENDMENTS TO AGREEMENT The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. 9. FAILURE TO PERFORM In the event of a failure by the Agency to comply, with any terms or conditions of this Contract or to provide in any manner the activities or other performance as agreed to herein, the City reserves the right to temporarily withhold all or any part of payment pending correction of the deficiency, suspend all or part of the contract, or prohibit the Agency from incurring additional obligations of funds until the City is satisfied that corrective action has been taken or completed. The option to withhold funds is in addition to, and not in lieu of, the City's right to terminate as provided in Article IV. 10 of the General Conditions of this Agreement. The City may consider performance under this Agreement when considering future awards. Exhibit A 10. TERMINATION If the Agency fails to comply with the terms and conditions of this Agreement, the City may pursue such remedies as are available in accordance with 24 CFR 85.43 including but not limited to, the termination of this Agreement in the manner specified herein. (A) Termination for Cause - If the Agency fails to comply with the terms and conditions of this Agreement and any of the following conditions exist: (1) The lack of compliance with the provisions of this Agreement are of such scope and nature that the City deems continuation of this Agreement to be substantially non - beneficial to the public interest; (2) The Agency has failed to take satisfactory corrective action as directed by the City or its authorized representative within the time specified by same; (3) The Agency has failed within the time specified by the City or its authorized representative to satisfactorily substantiate its compliance with the terms and conditions of this Agreement, The City may terminate this Agreement in whole or in part, and thereupon shall notify in writing the Agency of the termination, the reasons therefore, and the effective date. The effective date shall not be prior to notification of the termination by the City to the Agency. Costs resulting from obligations incurred by the Agency after termination of the Agreement are not allowable unless specifically authorized in writing by the City. (B) Termination for Convenience The award may be terminated for convenience, in whole or in part, as follows: (1) By the City with the consent of the Agency. The two parties shall agree upon the termination conditions, including the effective date and in the case of partial termination, the portion to be terminated, or (2) By the Agency upon submitting written notification to the City. The written notification must set forth the reasons for the termination, the effective date, and in the case of partial termination, the portion to be terminated. However, in the case of a proposed partial termination, the City may terminate the award in its entirety if the City determines that the remaining portion will not accomplish the purpose for which the award was made. Exhibit A (C) Termination for Withdrawal, Reduction or Limitation of Funding In the event that funding from the Federal government is withdrawn, reduced or limited in any way after the effective date of this contract, and prior to its normal completion, the City may summarily terminate this Contract as to the funds reduced or limited, notwithstanding any other termination provision of this contract. Termination under this Section shall be effective upon receipt of written notice by the Agency or its representative. 11. CLOSE -OUT Upon termination of this Contract, in whole or in part for any reason including completion of the project, the following provisions shall apply: (A) Upon written request by the Agency, the City shall make or arrange for payment to the Agency of allowable reimbursable costs not covered by previous payments; (B) The Agency shall submit within thirty (30) days after the date of expiration of this Agreement, all financial, performance and other reports required by this Agreement, and in addition, will cooperate in a program audit by the City; (C) In the event a financial audit has not been performed prior to close -out of this Agreement, the City retains the right to withhold a just and reasonable sum from the final payment to the Agency after fully considering the recommendation on disallowed costs resulting from the final audit. 12. VENUE AND CHOICE OF LAW Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement or any provisions thereof shall be instituted only in the Court of the State of Washington, County of Kitsap. It is mutually understood and agreed that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. 13. SEVERABILITY CLAUSE It is understood and agreed by the parties that if any part, term, or provision of this contract is held by the courts to be illegal or in conflict with any law of the state where made, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the Agreement did not contain the particular part, term, or provision held to be invalid. Exhibit A 14. INTEGRATED DOCUMENT This Agreement with any exhibits constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. EXECUTED this day of 2014. AGENCY: AGAPE Unlimited (Agency) BY: (Signature) (Please Print Name and Title) (Date) ADMINISTRATOR SHELTER PLUS CARE PROGRAM Administrator Date MAYOR, CITY OF BREMERTON Patty Lent Date Approved as to form: Bremerton City Attorney Exhibit A INDEX TO SHELTER PLUS CARE AGREEMENT Article I. Project 1. Scope of Services 2. Term of Agreement 3. Program Reporting Article II Financial Conditions 1. Budget and Compensation 2. Documentation of Costs and Other Financial Reporting 3. Reimbursement Article III. Federal Conditions 1. Uniform Administrative Requirements 2. Conflict of Interest 3. Displacement, Relocation, Acquisition and Replacement of Housing 4. Lead Based Paint 5. Discrimination Prohibited Article 1V General Conditions 1. Compliance with Laws 2. Licensing and Program Standards 3. Insurance 4. Indemnity 5. Notices 6. Assignment and Subcontracting 7. Reservation of Rights 8. Amendments to Agreement 9. Failure to Perform 10. Termination 11. Close -Out 12. Venue and Choice of Law 13. Severability Clause 14. Integrated Document i Exhibit B ATTACHMENT #1 SHELTER PLUS CARE MANAGEMENT PROCEDURES/PLAN Shelter Plus Care (SPC) is a U.S. Department of Housing and Urban Development (HUD) housing grant specifically aimed at housing the disabled homeless population while ensuring that their on -going needs are met through active case management. SPC provides housing assistance funds and requires the agency involved to provide an equal amount of services to the client. The client must be homeless and disabled with either, or a combination of the following disabilities: severe mental illness, chemical dependency, or AIDS or AIDS related illness. AGAPE, as sponsor of the SPC Program will manage the program in accordance with the plan as described in the application and described below. Scope of Services /History The City of Bremerton initially submitted an application to HUD on July 6, 1993 under the McKinney Shelter Plus Care Program for rent assistance to provide alcohol /drug free permanent housing for 8 homeless women with children and 16 homeless men disabled by chronic alcoholism and substance abuse. A grant in the amount of $596,400.00 was awarded on January 5, 1995. Agape Unlimited, a state licensed non - profit alcohol and drug treatment provider, serves as the sponsor and primary social service provider for the project. Agape Unlimited and the City have successfully applied for renewal funds every year since the initial award; see below for current funding levels. Funds were awarded under three components of the Shelter Plus Care Program. Project Based Rental Assistance (PBRA): Assistance is provided to AGAPE for units located at 1323 and 1329 Crawford St. Participants do not retain assistance if they move. Sponsor based Rental Assistance (SBRA): Participants reside in housing owned or leased by Agape. Participants do not retain assistance if they move. Tenant Based Rental Assistance (TBRA): Provides grants for rental assistance which allows participants to choose housing of appropriate size. Agape may require participant to live in a specific structure the first year and in a specific geographic area for the remainder of the participation. Units are located throughout Bremerton city limits. Participant retains assistance if they move while still enrolled in program. 1 Exhibit B All three components, Project Based Rental Assistance (PBRA), Tenant Based Rental Assistance (TBRA) and Sponsor Based Rental Assistance (SBRA) of the original grant have been completed and must be renewed annually. The City submitted and received grants under FY 2013 as follows: Program Amount 0 BR 1-BR 2 -BR 3 -BR 4 -BR 5 -BR TBRA $40,302 4 1 SBRA $111,454 4 4 l PBRA $34,390 2 Agape's program is composed of three stages: • Initial outreach and residential chemical dependency treatment (funded by non Shelter Plus Care sources); • Drug /alcohol free group living with intensive treatment and job training services; (Project Assistance) • Permanent supportive housing in the community.(TBRA and SBRA) The continuum of housing linked to appropriate social services is designed to promote self - sufficiency and clean and sober living by providing gradually increasing levels of responsibility and independence based on personal progress in meeting recovery goals. The group houses, located at 1323 and 1329 Crawford St. in Bremerton, provide 18 beds of pennanent housing with cooking, cleaning, laundry and recreational facilities including a common room and garden. The program provides a home -like, not an institutional environment for residents. Moreover, the houses are only two blocks from the Agape outpatient treatment facility. The Sponsor based component is typically used both as an intermediary phase and an alternative to group living for families. Agape has identified apartment units throughout the community to utilize in the program. For the Tenant based component, participants must have obtained the self - sufficiency to maintain a unit with little assistance. Participant Selection Participants must be: • Chemically dependent, participating in an outpatient treatment program 18 years of age or older • Homeless • Living on the street or in a homeless shelter, released (with no housing options) to the streets from jail, in- treatment programs, and hospitals. Priority for housing assistance will be as follows: Exhibit B First Priority: Individuals living on the street; Second Priority: Release from the jail to the street; Third Priority: Release from treatment to the street Screening and selection process will be coordinated by AGAPE who will interview each potential participant to determine eligibility. Persons eligible for the project will be placed on a waiting list and are responsible to contact AGAPE, by telephone, at least once every three days to indicate they are still interested in the program. Tenants are selected from those eligible based upon their position on the waiting list (unless there are documented extenuating circumstances) Method for Assigning Units Assignment of units is determined according to the clients' needs, including stability in treatment, family size, level of self - sufficiency and need for on -going peer support. When residents move out of a Project Based unit, Agape will move new residents into the bedroom that was vacated. Participants that can be accommodated by the Project Based houses will not be moved around the house unless a woman or man with several children requires the larger spaces located in the lower level of the buildings. Men, including men with children reside in one house and women, including women with children reside in the other house. Smaller Sponsor Based units are utilized by single individuals high in self - sufficiency. Large units are utilized as multiple adult dwellings or as housing for parents with dependent children. The appropriate housing unit will be determined taking into consideration the quality, access to services, and appropriateness of the unit type. Those moving into Tenant Based assistance will locate their own housing within the City of Bremerton. AGAPE will assure the unit meets HQS. The size and type of housing will be determined according to family size and need. Participant Role in Oyerations/Management Residents at the group houses will be responsible for regular house maintenance, including cleaning and yard work. Group home residents will have weekly house meetings to address both community and operations issues, and will provide input on program evaluation. These meetings will address mutual responsibility for house chores. All program participants will be involved in decision making and problem solving for the program through on -going program evaluations. Applicant Role in Operations /Maintenance Agape is responsible to ensure that the houses are properly maintained, contract for necessary repairs, collect rent, provide cleaning supplies and provide yard tools. Agape counselors assist residents to develop skills for house maintenance, implement the chore 3 Exhibit B list, and facilitate resident meetings. Agape is responsible to ensure that sufficient funding is available to operate and maintain the buildings properly. Agape pays all utility bills, but not long distance phone costs. Agape is available in the evenings and weekends to provide help and supervision for participants. Participant Eligibility Verification Agape will verify eligibility and determine Total Tenant Payment (TTP) for all participants. The following documentation will be required to determine eligibility for each participant: 1. Intake application 2. Certification of homelessness 3. Certification of disability 4. Income verification Payment The rent to be paid by each tenant will be calculated based on the highest of: • 30 percent of the family's monthly adjusted income (adjustment factors include the number of people in the family, age of family members, medical expenses, and child care expenses); or, 10 percent of the family's monthly income. Housing Quality Standards and Rent Reasonableness Certification All necessary Housing Quality Standards (HQS) Inspections and Rent reasonableness studies will be performed by Agape who will also maintain the required documentation. Agape may enter into a contractual agreement relative to the Shelter Plus Care Program with a landlord only after it has certified that the housing unit meets HQS and rent reasonableness criteria. Lead Based Paint Requirements AGAPE will assure all units meet HUD's Lead Based Paint Requirements. Assessment Methods The Continuum of Care Coalition consists of local participating agencies providing services, and Agape. The committee will meet at least monthly to share program information on housing units, client services and record keeping requirements. The City of Bremerton will participate in the meetings once a year. Additionally, the Coalition will assess and make recommendations regarding: 4 Exhibit B • how effective outreach efforts were to identify initial program participants and additional participants as space became available; • how well coordinated the system of services is to meet the changing needs of clients; • how efficient is the mechanism for administering rental assistance. The Coalition will discuss specific case studies to measure the clients' stability in housing, improved functioning, the use of treatment and community services, the degree of independence achieved, and the degree of client satisfaction with the services provided. AGAPE will submit semi - annual reports to the City of Bremerton. Request for Payment No less than two weeks prior to the last day of each month Agape must provide verification of rent subsidy payments required for the upcoming month. NO PAYMENT WILL BE MADE UNLESS THIS VERIFICATION IS RECEIVED. Such verification includes the following: 1. Documentation regarding participant eligibility as previously described; 2. HQS inspections and rent reasonableness studies as described above; 3. A signed contract between Agape and the Landlord for payment of housing assistance; 4. A signed lease agreement for a period of no less than thirty (30) days between the Landlord and Agape; 5. An agreement between the Landlord and the service agency regarding support services. The City of Bremerton will promptly process the payment. Administrative Fee The HUD Shelter Plus Care program authorizes up to eight percent (8 %) administrative fee for the following activities: providing rental payments to landlords; examining family income; providing housing information and assistance; inspecting units for HQS; and receiving new participants into the program. An analysis indicates the City of Bremerton provides approximately 25% of these services and AGAPE provides 75 %. Therefore, a 2% administrative fee will be available to the City of Bremerton and 6 %, or the remainder of the grant allocated to administration, will be available to AGAPE. If the actual administrative allocation authorized by HUD in the Grant Agreement is less than 8% of the total grant, the City will preserve its 2 %, and AGAPE may receive less than 6% Administrative funds must be disbursed based on the actual time spent on administrative functions pertaining to the grants. In order to ensure that Administrative fee lasts for the duration of the program year, the City and Agape may choose to draw less of the Administrative fee than they are entitled to based on timecard records. In no instance shall an amount in excess of that supported by the timecard be drawn in any given month. 5 Exhibit B Documentation of the time spent on the activities must be maintained by the City of Bremerton and AGAPE. Housing Assistance Payments Rent subsidy payments will be made by Agape to the landlord(s) as appropriate Agape will maintain a special bank account dedicated solely to Shelter Plus Care activities. All funds received from the City of Bremerton will be placed in and disbursed from this account. Agape will maintain records of rent subsidy payments to landlords. Vacancy Payments Agape must immediately notify the City of Bremerton upon termination of tenancy so that the City may determine allowable vacancy payments to landlord(s). HUD Required Reporting AGAPE will provide the data to the City of Bremerton for the HUD annual report. 6 AGENDA BILL 054 CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Professional Services Study Session Date: May 28, 2014 Agreement with L2 Systems, LLC for the COUNCIL MEETING Date: June 4, 2014 Water SCADA System Upgrade Department: Public Works and Utilities Presenter: Kathleen Cahall, Water Resources Manager Phone: 473 -2315 SUMMARY: The City of Bremerton Water Supervisory Control and Data Acquisition ( SCADA) system provides a critical function for the City's drinking water operations through real -time monitoring of water system conditions, assuring the system operates per facility set points, alerting water operators to alarm conditions, and providing a database for analysis and reporting. The SCADA is the nervous system for the water utility. The goal of this project is to modernize and enhance the water SCADA system by upgrading older equipment and software at over thirty sites and standardizing on Allen Bradley control technology and to convert communications to Ethernet through fiber optic and radio. A more uniform SCADA system will streamline operations and maintenance and allow better management of lifecycle status, while improving security and data capabilities. ATTACHMENTS: Professional Services Agreement with L2 Systems, LLC FISCAL IMPACTS (Include Budgeted Amount): This project is budgeted in the 2014 — 2016 Capital Improvement Project budget. The budget breakdown for 2014 is $100,000; 2015 is, $350,000; 2016 $150,000. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the professional services agreement with L2 Systems, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PROFESSIONAL SERVICES AGREEMENT WATER SYSTEM SCADA LIFECYCLE UPGRADE The City of Bremerton ( "City ") and L2 Systems, LLC ( "Consultant "), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services and provide the products more specifically described in the Scope of Work, dated March 2014, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. All provisions in this Agreement regarding "services" and "work" shall also apply to the products provided in the Scope of Work. 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 IKA 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 $608,000. 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. Water System SCADA Lifecycle Upgrade 2014 PSA Page 1 of 20 Defective or Unauthorized Work. The City reserves its right to withhold payment from Consultant for any defective or unauthorized goods, materials or services. If Consultant is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by agreement or otherwise, and Consultant shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Consultant. 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 tenn of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Consultant's performance of this Agreement, unless Consultant is conducting work pursuant to Subsection B below. 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. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 42.24.115 Should a court of competent jurisdiction detennine that Water System SCADA Lifecycle Upgrade 2014 PSA Page 2 of 20 Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 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 Water System SCADA Lifecycle Upgrade 2014 PSA Page 3 of 20 all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 3456 1h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified 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. V11. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, 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 Everett, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. Water System SCADA Lifecycle Upgrade 2014 PSA Page 4 of 20 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 Everett, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H.. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address Bremerton Public Works and Utilities L2 Systems, LLC 100 Oyster Bay Ave N 3322 16th Street Bremerton, WA 98312 Everett, WA 98201 1. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non - Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. Water System SCADA Lifecycle Upgrade 2014 PSA Page 5 of 20 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. 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 Delay The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City Water System SCADA Lifecycle Upgrade 2014 PSA Page 6 of 20 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. X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R- \. Legal \contracts`•.FORMS\Professlonal Services Agreement Form (2012) doc Water System SCADA Lifecycle Upgrade 2014 PSA Page 7 of 20 EXHIBIT A WATER SYSTEM SCADA LIFECYCLE UPGRADE SCOPE OF WORK March 2014 BACKGROUND The City of Bremerton Water Supervisory Control and Data Acquisition (SCADA) System provides a critical function for the City's drinking water system through real -time monitoring of water system conditions as required by regulations, assuring the system operates per facility set points such as reservoir levels and pump operations, alerting water operators to off-spec and alarm conditions, notification of security breaches, graphing and analyzing system data, and providing a database for regulatory reports. Without a SCADA system, it would take three shifts of an increased number of operators to ensure the water system provided safe water and met all regulations. In the past, SCADA relied on telephone "tone telemetry" and strip charts. In the early 1990's, Bremerton converted to Autocon brand remote telemetry units and master telemetry unit and converted some of the phone lines to radio. As the Autocon equipment has become outdated, all new water facilities have been installed with Allen Bradley brand programmable logic controllers (PLCs), with on -site PanelViews for local operator control. Information is sent to the master via a combination of radios, fiber optic and leased lines. At the master, the data is fed to a server and a human - machine interface (HMI) using Allen Bradley's RS View Factory Talk. Alarms are monitored and communicated to water operators through their cell phones via the WIN911 program. Bremerton's current water system SCADA is a collection of old and new features. This is a common situation as SCADA technology has only recently matured as a technology. There have been many recent technological changes that have increased the speed, flexibility, functionality, and capacity of SCADA systems at reduced costs. The Autocon units purchased more than 20 years ago are no longer supported. OBJECTIVE The goal of this project is for the water system to modernize and enhance its SCADA system by replacing the Autocon RTLIs with Allen Bradley PLCs /PanelViews and to convert the communications from the phone system to more robust and less expensive fiber optic /radio /wireless. Standardization to a more uniform SCADA system using ethernet communications protocol will streamline operations and maintenance, allow better management of lifecycle status, while improving security and data capabilities. For security, integrity, and consistency, programming and coordination with the SCADA server /HMI is only performed by a systems integrator selected by the City to have the best Water System SCADA Lifecycie Upgrade 2014 PSA Page 8 of 20 qualifications — this is currently L2 Systems. This work will be managed through a professional services agreement with L2. The water system standard for control hardware is Allen Bradley components. L2 shall provide all labor, materials, tools, equipment, and services required to complete the design, furnishing, wiring, connection, calibration, adjustment, testing and operation of all SCADA equipment, devices, and components as indicated by this scope of work. Installation will be performed by City staff. The following tasks outline elements necessary to perform this phase of the Water System SCADA Upgrade: TASKS TASK 1 PROJECT PROCESS The project scope consists of upgrading specific components of Bremerton's SCADA system according to the attached Sites List. The sites will be upgraded in groups to be mutually agreed upon between L2 and Bremerton. For each new group of SCADA upgrades, the general process to be followed will be: • Upgrade grouping will be determined • System control strategy will be discussed and documented • L2 provides submittals and drawings(See Task 6) for City review • City approves submittals and drawings • L2 purchases hardware, software, and radios • L2 fabricates SCADA system components • L2 performs factory demonstration test to ensure components function as required • L2 delivers components to Bremerton • City installs components, or arranges to have installed • L2 performs and documents operational readiness test in the field • L2 integrates alarms into WIN911 • L2 updates Factory Talk screens • L2 updates operation and maintenance manual • L2 provides documentation to accurately reflect the system as installed • City and L2 perform site acceptance test to ensure component operation in the field - can be coordinated at same time as ORT. The SCADA system shall be designed and assembled by L2 to be an integrated system of components specifically designed for use with control, monitoring, and operation of pumps, meters, and other water system process equipment. All components shall be standard, listed products, new (unless furnished by the City) and free of defects. L2 shall revise, modify, adjust and reprogram the system as required to properly operate the water system. The SCADA system shall be supplied by L2 as an integral, complete system with all required components. L2 shall define all requirements for interfacing equipment, standard mounting equipment, and accessories, and shall supply all such devices as part of the SCADA system. Water System SCADA Lifecycle Upgrade 2014 PSA Page 9 of 20 TASK 2 PROJECT MANAGEMENT L2 will provide project management and prepare specifications for equipment upgrade. The proposed system is a complete PLC, Ethernet - based, fully integrated SCADA system. This Contract involves additions to the SCADA for the Bremerton water system which must continue to provide potable water and meet State and Federal regulatory requirements. Connections and utility changes must be programmed to provide the least possible interference with operation of the water system. L2 shall notify the City in writing or email at least forty -eight (48) hours in advance of any required water system shutdown and are subject to advance approval of the Water Resources Manager. The work under this Contract shall be conducted in a manner which will minimize shutdowns. Planned water facility shutdowns shall be scheduled during periods of minimum use so that water system operations will be restored in the minimum possible time. L2 shall perform work in accordance with the following standards: • Obtain all necessary permits (note — City will obtain electrical permits for their installations) • Be performed by authorized and qualified personnel • Maintain a clean environment • Be performed in accordance with local, state, and federal codes, including WISHA confined space entry regulations and respiratory protection program. TASK 3 PROJECT SCHEDULE Attached as part of this contract is a Sites List of all locations being upgraded for Bremerton's water SCADA system. The City and L2 shall mutually agree on scheduling based on groupings of components on the Sites List and will verify scheduling expectations at progress meetings. The following information shall be shown for each site: • Date of initial submittal and City's review time • Ordering dates for long lead time items • Start work • Work substantially complete • Project meetings • Testing • Final completion With every progress payment request (invoice) a written progress report shall be submitted which shall include a summary of work performed during the previous period. Water System SCADA Lifecycle Upgrade 2014 PSA Page 10 of 20 Scope for Warren Avenue Bridge Main Seismic Valves 1. Write and install the PanelView and PLC programs to operate Manette Bridge, Snyder Avenue and Warren Avenue Bridge Flow Control and Seismic Valve equipment per specifications in the contract document. Control strategy for operation will be provided. 2. Program PLC, master radio, and any intermediate radio relay points to communicate with the Water Resources radio system from the new RTUs. 3. Provide programming for master PLC and HMI to operate the three flow control and seismic valve sites. Coordinate with Water Resources on the screen layout and operation. 4. Prior to the Operational Readiness Test (ORT), conduct a Site Acceptance Test (SAT) with the RTU panel fabricator and contractor to determine that the RTU is ready for the ORT. Resolve any issues with the RTU per the contract documents. 5. ORT will be coordinated by the contractor and sub - contractors. Develop an ORT check list to encompass testing of inputs, outputs, control loops, alarms, and trip functions to determine successful operation of the seismic control panel, Cla -Val, RTU and master SCADA system. Provide on -site staff for the ORT, per the contract documents, for each site. Correct any ORT deficiencies for the RTU programming found in programming and repeat the ORT. 6. Save copies of radio programming, PanelView programming, and PLC programming to the provided USB drive at each RTU and the master at the completion of the project. TASK 4 MEETINGS A preconstruction conference shall be held at the Utilities Oyster Bay office in Bremerton. L2 shall present to the City a preliminary progress schedule and all other documents as specified herein. In general, the matters to be discussed or resolved and the instructions and information to be furnished to or given by L2 at the preconstruction conference include but are not limited to: • Personnel assignments and contact numbers • Progress schedule submitted by L2 • Communication procedures between the parties, including emergency and after -hours • The names and titles of all persons authorized by L2 to represent and execute documents. The names, addresses, and telephone numbers of all those authorized by L2 to act for L2 in emergencies • Forms and procedures for L2's submittals • Change procedures Water System SCADA Lifecycle Upgrade 2014 PSA Page 11 of 20 • Payment procedures • Other administrative and general matters as needed Progress meetings shall be held on a periodic basis in person or by phone in accordance with an agreed -upon schedule. All matters bearing on the progress and performance of the work since the preceding progress meeting shall be discussed and resolved, including any previously unresolved matters, deficiencies in the work or the methods being employed and problems or delays which may be encountered, and ways to continuously improve project quality and progress. Prior to starting each task, the City and L2 will discuss and agree upon a control strategy. TASK 5 STANDARDS AND CODES Electrical work shall be executed in strict accordance with the latest edition of the National Electrical Code as adopted by the Washington State Department of Labor and Industries, local ordinances and regulations, and the Bremerton Electrical Standard. All electrical equipment, materials, construction methods, tests and definitions shall be in strict conformity with the established standards of the following in their latest adopted revision: • Underwriters' Laboratories, Inc. (UL) • National Electrical Manufacturers Association (NEMA) • Canadian Standards Association (CSA) • Electrical Testing Laboratories (ETL) • Factory Mutual (F.M.) • American National Standards Institute (ANSI). • Institute of Electrical and Electronic Engineers (IEEE). • Instrument Society of America (ISA). • Washington State Rules and Regulations All materials and equipment specified herein shall be listed by a nationally recognized testing laboratory for the purpose for which they are used and shall bear the appropriate testing laboratory label. All electrical equipment and materials, and the design, construction, installation, and application thereof shall comply with all applicable provisions of the National Electrical Code (NEC), the WISHA, and any applicable Federal, State, and local ordinances, rules and regulations. TASK 6 SUBMITTAL REQUIREMENTS All submittals shall be made to the City with a letter of transmittal. Water System SCADA Lifecycle Upgrade 2014 PSA Page 12 of 20 Submit a copy of each submittal to the City, electronically as a PDF file. One (1) reviewed copy of submission will be returned to L2. For each grouping of SCADA sites to be upgraded, L2 shall submit to the City for approval the following: • Materials and Parts List • Schedule • Enclosure Layout (shall include a wire color,code legend, fuse list, and engraved label list) • Wiring Diagram • Communications Layout • Detail drawings (as needed) • Screen changes (as needed) This documentation format shall be submitted prior to submitting any drawings and will be used as the basis for the remainder of the project. The City shall provide to L2 for each site: • Tagname • IP addressing • PLC status inputs • PLC analog inputs and scaling • PLC outputs • Totalizer scaling • Front panel indications required • Preliminary screen layout • Other information as required per each site • Communications type to be used (Licensed UHF radio, fiber optic, private wireless network) • Type of network switch to be used The City will review L2's submissions and return to L2 within 10 working days marked as follows: A. No Exceptions Taken Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission. Does not constitute approval or deletion of specified or required items not shown in the partial submission. B. Note Markings (No Resubmissions Required). Same as A, except that minor corrections as noted shall be made by L2. Water System SCADA Lifecycle Upgrade 2014 PSA Page 13 of 20 C. Rejected - Resubmit Submitted material does not conform to plans and Specifications in significant respect (i.e., wrong size, model, capacity, or material). D. Comments Attached Submitted material is either incomplete, or a favorable review is not required. Items A and B above (no resubmittal required) are considered "favorable review ". Items C and D above (correction and resubmittal required) are considered "unfavorable review." Favorable review does not constitute acceptance of any responsibility for the accuracy, coordination, and completeness or the items of equipment represented. Accuracy, coordination, and completeness shall be the sole responsibility of L2, including responsibility to back check review comments, corrections, and modifications before fabrication. Acceptance shall be considered to mean merely that the City has no objection to L2 using, upon their own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. TASK 7 TESTING Factory Demonstration Test L2 shall test the RTU prior to delivery to the City to ensure that the control panel is ready to have power applied to it and to document the functions associated with the panel. All loop panel meters shall be scaled and calibrated prior to delivery. The following shall be tested and inspected: • All inputs • All outputs • Scaling of loops • Proper wiring per submitted drawings • Legends and documentation • Control (PLC) Program • PanelView Program (if installed) L2 shall be solely and completely responsible for the design, assembly and programming of the entire RTU control system. The system shall be designed to provide control capabilities and to provide trouble -free operation with minimum maintenance. Witnessing of these tests by City personnel is at the option of the City. L2 will give the City 48 hours' notice of these tests. Written documentation will be forwarded to the City. L2 shall deliver the PI-Cs to the City of Bremerton Water Resources Division. Two sets of drawings shall be provided. One spare fuse shall be provided for each size installed. City installs RTUs, or arrange for the RTU to be installed. Operational Readiness and Site Acceptance Tests Water System SCADA Lifecycle Upgrade 2014 PSA Page 14 of 20 Once the RTU are installed, L2 will perform the operational readiness testing. Any deficiencies shall be corrected by L2 prior to site acceptance testing. All components of the control system shall be calibrated by L2 after completion of installation. Each component shall be adjusted to be within the manufacturer's required range and for the specific application. Components that cannot be properly calibrated or that are found to exceed the manufacture's specified range or accuracy shall be removed and replaced. Both L2 and City personnel will be present for the site acceptance test which will be performed in the field once installation is completed. WIN911 Test L2 shall test WIN911 for acceptance of alarms and proper notification by pager and telephone. TASK 8 INSTALLATION Radio System Installation L2 will be responsible for the programming of radios according to the radio path study provided by the City. The City will install the mast, antenna and coax. Cellular Wireless Installation Where cellular wireless is being used, the City shall be responsible for ordering and having installed the required equipment for each PLC. Fiber Optic Communications Where fiber optic communications is to be used, the City will have the fiber terminated in a patch panel, with an empty conduit from the patch panel to the RTU. L2 will provide the fiber optic patch duplex patch cord from the RTU network switch to the patch panel. If the City fiber optic network is not functional at the desired time of RTU startup, there will be no penalty for L2. PLC Installation The City will install all PLCs. L2 will provide a technician to assist in startup. Reasonable efforts will be made to accomplish multiple startups at the same time. Nameplates are to be black face, white core, 3/16" high engraving, and plastic laminate with beveled edges. TASK 9 START -UP The control system shall be placed into operation by L2. L2 shall revise, modify, adjust and reprogram the system as required during and following start-up to provide the operation required. Water System SCADA Lifecycle Upgrade 2014 PSA . Page 15 of 20 L2 shall anticipate that the City may delay acceptance of work under the contract if, in the judgment of the City, malfunctions or failures in operation of the control system repeatedly occur after start-up. L2 shall not be entitled to an extension of time or to any claim for damages because of hindrances, delays or complications caused by or resulting from delay by the City in accepting the work because of malfunctions or failures in operation of the SCADA. The City will note changes to the drawings as appropriate to reflect actual field conditions. L2 will revise these drawings at the end of each group of installations and will forward final copies to the City. TASK 10 GUARANTEE L2 shall guarantee work and all components for a period of 1 year from date of acceptance of the installation for each site. Acceptance is determined as 30 consecutive days of satisfactory operation. Any defects in workmanship and repair or replacement of any faulty equipment which shall occur within the guarantee period shall be remedied without additional cost to the City. When defects are corrected, the guarantee for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. L2 shall make any and all repairs, replacements, modifications and adjustments required to eliminate any and all defects in design, materials and workmanship which are disclosed within the one year guarantee period. L2 shall begin all repairs, replacements, modifications and adjustments within twenty four (24) hours of notification by telephone by the City and shall complete such repairs, replacements, modifications and adjustments within forty eight (48) hours of notification. Should L2 fail to begin the work within 24 hours or complete the work within 48 hours, the City may proceed to complete the work. Any overtime accrued by the City after 48 hours will be reimbursed by L2.. In such event, L2 and its surety shall be liable for all costs incurred by the City. TASK 11 OPERATION AND MAINTENANCE MANUALS L2 shall prepare operation and maintenance manual materials to be submitted to the City prior acceptance of the task. Redundant information will be minimized. Provide PDF copies for all equipment provided, with the following, if available: • Brochures Instruction manuals • Installation manuals Water System SCADA Lifecycle Upgrade 2014 PSA Page 16 of 20 Each PDF shall have a descriptive name, such as VIPR Radio Programming Manual, and the date the document was issued by the manufacturer. A PDF only has to be provided once for each type of equipment Provide drawings formatted for printing at 11" x 17", in a PDF format. TASK 12 RECORD KEEPING Vendor shall promptly furnish the City with such information related in the service as may be requested by the City. Until the expiration of 72 months after final payment of the compensation payable under this Agreement, vendor shall provide City access to (and City shall have the right to examine, audit, and copy) all of vendor's books, documents, papers and records which are related to the services or this Agreement. TASK 13 CONFIDENTIAL INFORMATION Vendor shall not, without the prior written consent of the City, disclose to third parties any information received in connection with the service unless: • Information is known to vendor before receiving the same directly or indirectly in connection with the services; • Information is in the public domain at the time of disclosure by vendor; or • Information is received by vendor from third party who does not have an obligation to keep the same confidential. TASK 12 OTHER TECHNICAL ASSISTANCE Other work that may be requested in writing from L2 includes: • Equipment selection assistance • Training • Software programming • Report and data management assistance • SCADA screen development • Component Installation • Calibration services • Troubleshooting • Programming of RTUs, MTUs, and PI-Cs • Integration of system components into the SCADA system • Process control design • Remote modem access for quick diagnosis and customer support • Field service • Emergency response • Other similar work Water System SCADA Lifecycle Upgrade 2014 PSA Page 17 of 20 F — PROJECT: SCADA LIFECYCLE UPGRADE SITES LIST ._ ... —_ Goal* Upgrade a n_d stan dardize SCADA equipme soflw_a and communications _ Aabcon eyabm• bbl AN ,wad convrbd Is PLC. V ®R radio or Mbar PLC SY +txm -11WW MOSt Telephone Communlcatbna (based end prlvare) -4 tefel AD need converted b VIpP mdb or fiber Radio CO mmunlraBOne l2 ".1)- 24 toot! As have be•n uPgraeetl - -- - - - - -- -- - - TeotlSlba•a1 (N.w Ne•br SCADA 1, on_ebor, radio a besad fie, nor aeot4 ebevel n sysbm ants ass bgacy P.TUS Ital ere m Wger supoemd, mtlr welog radios Replace br comnbmy win reaer eeNymeM a,tl yrug•ammug Some sMS ere bWpl —s based Ines. Vase wl be —real to radio w fibs, oPul - _ -- Selamlc Yaws - Schedule O&M SCADA CapIW Location Task Grou $ vroNa f N.W. P f AA Water rts Multiple Mu?dPle .Update screens on HMI 1 $43.808 Headquarters ster Be A-1 Water ns Muluplo Multiple Update MS OS and FTView 1 $6.357 Headquarster Bay Soft— A-1 Water ns Multiple Multiple Replace PLC with Compact 1 $19 694 Headquarster Bay - Loglx Existing ting PLC Is no longer supported Report ge -mbon Training N'A WA AM Programming 1 $40,000 Installation ;Othe Tech nical Assistance Troubleshooting _ $20000 per year None Cell i Upgrade to PLC (Compact 2 1 $13.896 PS 14 _ �L.gix) & ViPR radio Now Cell : Upgrade to PLC (Compact 2 411,944 'Reservoir 16 _ _ ,Logix) & V,PR red Now Cell 'Upgrade to PLC (Compact 2 $14,913 IWe1114 Lu got) &ViPR radio _ FcoCock loop control, install j Panel view, fiber optic to Res 4 3 $22.191 Existing PLC Is no longer supported, $30,000 is CC_F tunnel, replace P with . -. . _ for CCF and Res 4 Remove RTU, convert to VIPR PS 04 � radio 3 $6.234 _ Currently there is a PLC and RTU at this location -- -- Fiber - -- 3 S4,910 Reservoir 04 Outlet L20llon McKenna Fells Control Id Fiber Upgrade to PLC at Control Bldg 4 522.110 Fiber avaiable u to the cemrol bldg__ Nore Fiber Install PLC, use Point 10 to 4 $10,714 McKenna Falls Screen aide Control Bldg _ _ __ ___ Fiber available up to the control tild - Nore Fiber New PLC CLX 5 $29,529 Cas_ad Dam To New Level Transmitter _ _ _ _ _ T_urhidimeler alread m lace Flbor Upgrade to PLC (Compact 5 520,983 Cased Dam Valve House LP Ix in Valve House pgra e10 PLC TCoinDx Reservoir 22 Fiber Logb,) & V,PR radio, ronven 10 5 $13,263 Head Tents) _ fiber, could use Point 110 Upgrade to PLC (Compact 6 $12,303 IBS 5 is not in use -site of dlstnbWon pressure BS_05_ Lo ix &ViPRradlo _ _ Fber Upgrede "' PLC (Compact 6 517.158 PS 031 Well 18 _ -. _ Lc Ix 8 VIPR radio Replace Aulocon win PLC with 6 $18,703 PS limes 11 Co. act Lon Upgrade to PLC (Compact B 6 $16,886 PS 1311tes 13 _. _ Lo Ix ) & ViPR red* Upgrade to PLC (Compact 6 $19 999 .PS 18MIa017 __ Lo Ix & VIPR adw Upgrade to PLC (Compact PS 17 LogIJ & fiber optic_ 6 $20,043 should do controls and MCC together Upgrade to PLC (Compact it $12.643 Lo ix ) & ViPR radio _ _ .. _ Currently ofgine - waded when Res 41s offline Upgrade to PLC (Compact 6 $13.124 Res Ofi LOgu) & ViPR radio Upgrade. to PLC (Compact 6 $12,938 Res 15118 Lo ,x ) & V,PR radio _ Upgrade to PLC (Compact I 6 $12,938 Res 17!10_ . _ - _ _ _ Lo Ix & ViPR radio Upgrade to PLC (Compact 6 $12,938 Res 18_ _ _ Lo ix )& VIPR radl_ Upgrade to PLC (Compact 6 $3,858 Reservoir 10_ _ Lo Ix 8 VIPR radlo�or mm-a 6 $13.236 Reservoir 21 _ U rade b PLC & VIPR radio_ t Upgrade to PLC (COmpect 6 $21.877 We1115117 Logu) & VIPR radio SelsmlclFlow Control Valves $9,660 an of t h e w arren Avenue Water main seismic WA WA Warren Ave Bridge programming and integration P on � pro)ect I/O to be provide a13 saes_ Replace PLC ISLC 5/05y th 7 $11.533 'BS 10 Compact logic Existin su PLC is no longer FIOOr Flbor Replace PLC with Compact 7 $t7 196 PS 02 Lo ix - . Exisln PLC s no longer supported Fiber Fiber Replace PLC wth Compact 7 $13.DS7 PS 02/Wall 6 Lo �i _ Existing PLC Is no Ion er su oned eplace L with empacl Existing PL 1 no longer supported Loge, 7 $22,785 Grundfos controls are two generations old, PS 02A _ Convert Grundf is to PLC _ convening to PLC simplifies asset management PS O4 Re Iaca PLC with CLX 7 $13.000- UU red. PLC Fiber Fiber Replace PLC with Compact 7 $13,008 PS OUR- 8 Lo ix PLC _ _ Exsun PLC Is no longer supported -- Upgrade to PLC (Compact 7 - $18.531 PS 12M" 12 _ _ Logix) 8 V,PR radio _ _ _ Total $40 ,000 $9,660 1 $558,301 $607,961 WATER SYSTEM SCADA LIFECYCLE UPGRADE Water System SCADA Lifecycle Upgrade 2014 PSA Page 18 of 20 EXHIBIT B SCHEDULE This contract will begin upon execution of the contract and will be completed before December 31, 2016. A detailed schedule of SCADA sites is included in Scope of Work Task 3. Water System SCADA Lifecycle Upgrade 2014 PSA Page 19 of 20 WATER SYSTEM SCADA LIFECYCLE UPGRADE EXHIBIT C FEE SCHEDULE Time and materials for L2 Systems will be compensated as follows: Hourly rates: Project management: $ 125.00 Panel Configuration — System Engineer: $ 115.00 Programming: $ 115.00 Drafting: $ 85.00 OWS: $ 75.00 Shop — Fabrication: $ 85.00 Field Service Scheduled $ 105.00 Emergency Service available 24 -7 -365 $ 140.00 Attached in Exhibit A are cost estimations for professional services and price quotes for electron ics /software /hardware. Compensation: Payments will be made according to completion of each site in the scope of work. 50% payment of task once favorable review of submittals received 50% payment of task once site acceptance testing is completed Water System SCADA Lifecycle Upgrade 2014 PSA Page 20 of 20 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ......................................................... ............................... SUBJECT: Replacement of Watershed Study Session Date: 05/28/14 Patrol Vehicle for Water /Utility Department COUNCIL MEETING Date: 06/04/14 Department: ERR Presenter: Jim Orton Phone: 473 -5359 SUMMARY: The approved 2014 budget for ERR shows replacement of a utility vehicle assigned to the Water Department. The requested replacement is a 2014 Ford Escape. This vehicle is often required to travel within the watershed, justifying adding 4 wheel drive. We will be utilizing Washington state purchasing contract 03613. The total cost of the vehicle is $24,679.40 including Washington state sales tax. The contract dealer is Columbia Ford of Longview, Washington. ATTACHMENTS: 1) State Contract 03613; 2) Specifications FISCAL IMPACTS (Include Budgeted Amount): Funds for this expenditure of $24,679.40 are available in the 510 account. This is a budgeted item for FY 2014. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of one 2014 Ford Escape from Columbia Ford of Longview, WA in the amount of $24,679.40 including Washington state sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Pricing and Ordering Checklist - FORD ESCAPE 2WD Contact Name: I jPI hon !E-Mail: (Organization: (Date: Comments: Columbia Ford Contact: Marie Tellinghiusen 1 Oxford White Deep Impact Blue 360 - 423 -4321 ext. 187 Sunset Sterling Grey mariet @colford.com Black Ingot Silver Note: Insert Quantity Next to Color Option Karat Gold Order Code Order Description QTY Price Each Price Extension 2314 - 304 -001 2014 Ford Escape (UOF /100A) 1 $18,222.00 $18,222.00 2314 - 304 -002 Credit for pickup from Dealer (Orders for Eastern Washington) (Deduct)(DLR) ($130.00) $0.00 2314 - 304 -003 Credit for pickup from Dealer (Orders for Western Washington) (Deduct)(DLR) ($30.00) $0.00 2314 - 304 -004 Alternative Engines: 1.6L Liter 4 Cylinder (EcoBoost, 178HP, FWD = 23/32mpg, AWD = 22 /30mpg)(Includes "SE" Trim Upgrade, Outside Temperature Display and Compass, Fog Lamps, Auto headlamps, Privacy Glass, 10 -way Power Driver's Seat with Power Lumbar, Rear Center Armrest, Satellite Radio, 17" Aluminum Wheels)(N /A with Trailer Towing Package)(UOG /200A /99X) $3,281.00 $0.00 2314 - 304 -OOS Alternative Engines: 2.OL Liter 4 Cylinder (EcoBoost, 240HP, FWD= 22 /30mpg, AWD= 21 /28mpg)(Includes "SE" Trim Upgrade, Outside Temperature Display and Compass, Fog Lamps, Auto headlamps, Privacy Glass, 10 -way Power Driver's Seat with Power Lumbar, Rear Center Armrest, Satellite Radio, 17" Aluminum Wheels(UOG /20OA/999) $4,333.00 $0.00 2314 - 304 -006 Daytime Running Lights(942) 1 $38.00 $38.00 2314 - 304 -007 Heater, Engine Block(41H) $32.00 $0.00 2314 - 304 -008 Keys, Set of 2 Instead of 4 (Deduct)(DLR) ($100.00) $0.00 2314- 304 -009 Manuals, Service(CD)(DLR) 1 $221.00 $221.00 2314 - 304 -010 Mats, Rubber Floor (pr)(DLR) 1 1 $64.00 $64.00 2314 - 304 -011 Mud Flaps, Front & Rear(DLR) $60.00 $0.00 2314 - 304 -012 Remote Vehicle Starter System(63D) $396.00 $0.00 2314 - 304 -013 Reverse Sensing Systems (N /A with 4WD and Trailer Tow Package(60S) $210.00 $0.00 2314 - 304 -014 Stock Vehicle Upcharge, Dealer stock vehicle with all contract required equipment, delivery 7 days (DLR) $250.00 $0.00 2314 - 304 -015 Towing Package(Include Maximum Factory Cooling Radiator, Engine Oil, Transmission) (Includes 4 -pin trailer wiring harness, 4- pin connector, hitch receiver, trailer sway control, Class II, 3,500# Trailer Tow Capacity)(Must also order 2.OL EcoBoost Engine w/ SE Trim Upgrade)(536) $379.00 $0.00 2314 - 304 -016 Undercoating(DLR) $95.00 $0.00 2314 - 304 -017 Upgrade Four Wheel Drive (4WD) Model or All Wheel Drive (AWD) with all contract required equipment (4WD Model)(Includes Alternative Engine 1.6L EcoBoost with SE Trim Upgrade)(U9G /99X) 1 $4,243.00 $4,243.00 2314 - 304 -018 Upgrade Four Wheel Drive (4WD) Model or All Wheel Drive (AWD) with all contract required equipment (4WD Model) Includes Alternative Engine 2.OL EcoBoost with SE Trim Upgrade)(U9G /999) $5,169.00 $0.00 2314 - 304 -019 Fleet Cargo Management System (Includes Tonneau Cover Shade, Black Roof Rails and Cross Bars)(N /A with "SE Trim Upgrade ")(62S) $362.00 $0.00 2314 - 304 -020 Privacy Glass (Included with SE Trim Upgrade)(924) $249.00 $0.00 2314 - 304 -021 Tonneau Cover (Cargo Shade)(Must order Alternative Engine, 1.6L EcoBoost or 2.OL EcoBoost, with SE Trim Upgrade)(85T) $120.00 $0.00 2314 - 304 -022 SE Convenience Package (Includes SYNC upgrade with MyFord Touch, 3 -year complimentary subscription to SYNC Services, 8" TFT Screen, 9 speakers, dual -zone auto temperature control, media hub, reverse sensing system, perimeter alarm, power converter 110V outlet, black roof side rails)(Must also order Alternative Engine, 1.6L or 2.OL EcoBoost, with SE Trim Upgrade)(201a) $1,192.00 $0.00 2314- 304 -023 18" Bright Chrome Alloy Wheel (Only Available with SE Convenience Package #201A)(64L) $530.00 $0.00 2314 - 304 -024 Power Liftgate (Only Available with SE Convenience Package #201A)(18P) $441.00 $0.00 2314 - 304 -025 Navigation with SYNC Services (Only Available with SE Convenience Package #201A)(586) $708.00 $0.00 2314 - 304 -026 Roof Cross Bars (Only available with SE Convenience Package #201A)(61X) $129.00 $0.00 2314 - 304 -027 Remote Keyless Entry Fob with Integrated Key, Extra, Programmed(DLR) $182.00 $0.00 2314 - 304 -028 Fire Extinguisher, 2.5# Dry Chemical ABC Rated w/ Mounting $38.00 $0.00 2314 - 304 -029 Flare Kit, 3 Piece Triangle, for roadside emergency use (DLR) $51.00 $0.00 Revised 03 -07 -14 Subtotal $22,788.00 8.3% SST, $1,891.40 Totall $24,679.40 FORD ESCAPE 2WD STANDARD SPECIFICATIONS AND ADDITIONAL INFORMATION DESCRIPTION Ford Escape FWD 2WD, S Trim U0F /100A i SMALL (2WD) 4 cyl, 2.5L (min) 2.5L, 4 cyl ! 2.5L 4cyl/997 i Air Bags, Drive and Front Passenger with side Curtain Air Bags FCY /STD Floor Covering, Full Length (Vinyl or Carpet, specify) CARPET F ull Length Hardtop, Full Headliner (No- metallic) FCY /STD Automatic Transmission 6 -Speed Automatic /446 Air Conditioning (CFC Free) FCY /STD Light Tinted Glass All Around FCY /STD All Season Steel Belted Radial Tires P235/55Rx17 S pare Tire and Wheel Factory Standard (specify size and spare tire location) ; MINI (CARGO AREA) Power Brakes 4 Wheel Antilock Braking System FCY /STD Power Windo and Door Locks FCY /STD Power Steering FCY /STD Cigarette Lighter or Auxiliary Power Source (3) 12V Intermittent Wipers FCY /STD Dome Light FCY /STD Factory Installed AM /FM Radio ! AM / FM /CD Fuel Capacity 15 Gallons Electric Rear Window Defroster AS SPEC Four (4) Sets of Keys (2) RKE Fobs (2) PATS Keys 4 Door 5 — 6 Passenger Seating (Front Head Restraint Type Reclining FCY /STD Buckets) Vinyl of Cloth Describe Front reclining cloth bucket HD Rea Bumper FCY /STD Cruise Control /Tilt Steering Wheel ' FCY /STD Halogen Headlamps FCY /STD Hands Free Communication (Bluetooth or equal)(SYNC) FCY /STD W asher /Wiper, R ear Window AS SPEC Standard Specifications — Ford Escape Page 1 of 2 FORD ESCAPE 2WD STANDARD SPECIFICATIONS AND ADDITIONAL INFORMATION (CONT.) -- - -- ----------------------- - - - - -------------------------------- - -- - - -- - - - - - -- -- - - - -- ------------------ - - - - -- DESCRIPTION ---------------------- Rear Axle Ratio as equipped above 3.51 RAR I - - - - ------------ - - - - -; i All Factory Standard Equipment (Indicate any Fleet Deviations from Retail) I No Deviations j - - Factor Warrant FCY /STD 3 year /36,000 mile 5 year /60,000 mile Powertrain i r------------------------------------------------------------------------------------------------------ - - - - -- - -- — - - -- - - j Equipment above, if any, that will not be OEM factory installed - -- - None - - - -- j Minimum Ground Clearance as equipp above 7 .9" ----- - - - - -- Tire Chain /Traction Devise Compatible. Describe below: Yes Mercury Content if Any, In Vehicle Bid None EPA Estimated MPG as equipped above City 22 Hwy 31 Days to deliver after receipt of order ' 60 TO 120 - - - -------------------------------------------------------------------------------------------------------------------------------------------------- Starting Date of Model Year Production 06/30/13 - ------------- - - - - -- ----------------------------------------------------- - - - - -; - - - - -- -- - I If 50 State Certified, Vehicle Emission Level Certification (CA) Tier2 Bin5 - ------------------------- NHTSA Crash Test Ratings (1 to 5 Stars) Frontal, Driver 4 Passenge NR I Side, Front 5 Rear NR ] . Rollover 4 = - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----------------- Standard Specifications - Ford Escape Page 2 of 2 AGENDA BILL 51m CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Amended Interlocal Agreement Study Session Date: May 28, 2014 between the City of Bremerton and the COUNCIL MEETING Date: June 4, 2014 Bremerton Transportation Benefit District Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: This is an amendment to the Interlocal Agreement between the City and the TBD that was entered into to maintain, preserve, and improve streets and related transportation infrastructure within the City. The amendments relate to the provision of City staff support and other resources to the TBD and related issues. ATTACHMENTS: Interlocal Agreement FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the amended Interlocal Agreement between the City of Bremerton and the Bremerton Transportation Benefit District; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON, WASHINGTON AND THE BREMERTON TRANSPORTATION BENEFIT DISTRICT This agreement between the City of Bremerton, Washington ( "City "), and the Bremerton Transportation Benefit District ( "TBD "), each of whom is organized as a Municipal Corporation under the laws of the state of Washington, is entered into on the date fully executed below. WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local governmental units to make the most efficient use of their powers by enabling them to cooperate on the basis of mutual advantage; WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct, public street infrastructure within its city limits in accordance with the powers granted pursuant to RCW 35.22.280; WHEREAS, pursuant to Ordinance No. 5076, codified in Chapter 11.25 Bremerton Municipal Code ( "Chapter 11.25 BMC") the TBD was created to provide adequate funding for transportation improvements that preserve, maintain, improve and, as appropriate, construct or reconstruct the existing transportation infrastructure of the City consistent with and Chapter 36.73 RCW; WHEREAS, the City and the TBD entered into this Interlocal Agreement on or about February 15, 2012, desir -e to better coordinate their efforts in order to pursue their individual, joint and mutual rights and obligations to maintain and preserve streets and related transportation infrastructure within the City; WHEREAS, this amended Interlocal Agreement updates language relating to the provision of City staff and resources to the TBD and other related amendments; NOW THEREFORE, The parties have entered into this agreement in consideration of the mutual benefits to be derived and to coordinate their efforts through the structure provided by the Interlocal Cooperation Act. 1. Recitals. The recitals set forth above are hereby incorporated by reference. 2. Purpose and Interpretation. The City is empowered by Title 35 RCW to construct, reconstruct, maintain and preserve City streets and other related public infrastructure either by contract or through the use of City forces. The TBD has been constituted in accordance with state law to provide a source of funding for transportation improvements that preserve, maintain and improve the transportation infrastructure and related infrastructure within the City limits of the City. The TBD has no employees and its officers are either City Council Members serving in an ex officio capacity or are City employees designated to serve under the provisions of state law. In order to make the most efficient use of public monies, to avoid duplication of effort and 1 CiOVTBD Interlocal Agreement — 2014 updates to coordinate their efforts, the parties have entered into this agreement. In the event of ambiguity or the need for guidance arises, this agreement shall be interpreted in accordance with the provisions of Chapter 11.25 BMC, Chapter 36.73 RCW, and the provisions of the Governmental Accounting Act and RCW 43.09.210 as the same exists or shall hereafter be amended. In the event that any provision of this agreement is held to be in conflict with existing state statute or any future amendment thereof, such provisions shall be severable, and the remaining provisions of this agreement shall remain in full force and effect. 3. Obligations of the TBD. In accordance with the requirements of Chapter 36.73 RCW, Chapter 11.25 BMC, the TBD agrees to: 3.1 Provide to the City all funding received from any and all lawful sources, net administrative expenses, which the TBD in its sole discretion may levy for the purpose of making transportation improvements that preserve, maintain and improve the transportation infrastructure and related infrastructure of the City. 3.2 Continue the annual provision of funding for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City so long as the TBD remains in existence. Such funding shall be in accordance with and limited by the provisions of Chapter 11.25 BMC and Chapter 36.73 RCW. 3.2.1 Shall hold public hearings prior to levying any charge, tax or fee and shall levy any charge, tax or fee only in accordance with law and ordinance; 3.2.2 Develop an annual work plan and designate projected street maintenance, preservation and improvement projects within City for funding; and 3.2.3 Pursuant to RCW 36.73.160(1), shall develop a material change policy to consider at a minimum the impacts and appropriate remedies if transportation improvements contained in its annual plan exceed its original cost by more than 20 %. In such case, the TBD shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved. The obligations of this agreement shall be interpreted and applied in a manner consistent with this adopted policy. 4. Obligation of the City. The City shall: 4.1 Provide staff support and other resources to the TBD. in eens ."... of the utilities, benefits der-ived by the City, ever-head ehar-ges sueh as staff suppei4 as well as information teeMelegy, offiee supplies, equipment and other- r-eseurees as agFeed upen shall be a eentfibution of the City to the paAies'jeint goals and objeetives and need not be diFeetly ehaFged to the TBD, unless other-wise required by law. Staff suppei4 provided May inelude the sef-Aees e the City ttemey, the City Cle H w 4i ° c n - aen as Clerk of he T the City's Pir-e to - F � ru � ana.�rc�o - - vrrvc c.�. -- vr Fina-neial Ser-viees when serving as its Tfeastifer-, City Couneil staff and other- staff deemed neeessar-y to iwiplement the pr-egFams of the TB-D-. 2 City/TBD Interlocal Agreement — 2014 updates 4.1.1 In consideration of the benefits derived by the City, services provided by City staff that serve the purpose of administration of the TBD, including, but not limited to financial, legal, clerk, engineering administration, and the overhead within these administrative services including budgeting, reporting, advertising, accounting, utilities, information technology, office supplies, and equipment shall be a contribution of City to the parties' joint goals and objectives and need not be directly charged back to the TBD, unless otherwise required by law. 4.1.2 The indirect and direct costs of project support shall be eligible costs of District funds. The eligible costs shall include but are not limited to engineering design, project bidding, construction management and inspection, project accounting and other related project expenditures. 4.1.3 All costs of annual audits shall be borne by the District. All costs associated with the issuance of debt shall be paid by the District. 4.2 The following City staff, or their authorized designee, shall serve the TBD as follows: a) City's Director of Financial Services shall serve as Treasurer, b) City Attorney shall serve as Board Attorney, cc) Director of Public Works & Utilities shall serve as Project Coordinator, d) City Clerk shall serve as Secretary, e) City Council staff shall serve as TBD Board staff , and f) other staff as agreed to by the City and the TBD deemed necessary to implement the programs of the TBD. 413 In addition to the staff support and resources set forth in Subsection 4.1 above, the City's Public Works Committee may be used by the TBD as a resource to review, consider and provide recommendations to the TBD regarding the annual work plan, transportation improvements to be included therein and other items related to the operation of the TBD. 4.34 Maintain for the period established by the State Archivist retention schedule, financial records, kept in accordance with general accepted accounting practice and governmental accounting requirements, as necessary to document that any and all funding received through the TBD is used only for the maintenance, preservation and improvements of City streets and infrastructure in accordance with law and ordinance. 4.45 Utilize all funding provided by the TBD for transportation improvements that preserve, maintain and improve the transportation infrastructure of the City as shown and prioritized on the TBD's annual work plan in accordance with Chapter 11.25 BMC and Chapter 36.73 RCW. In doing so, it is the intent of the parties that this funding supplement, not replace, existing City funding sources for street improvements. 3 City/TBD Interlocal Agreement — 2014 updates 5. Ownership. Streets and related transportation infrastructure preserved, maintained and improved with TBD funds are and shall remain the property of the City. No joint property ownership is contemplated under the terms of this agreement. 6. No Joint Board. No provision is made for a joint board. The TBD shall exercise its function in accordance with the applicable statute, using staff as provided by the City, pursuant to this agreement. 7. No Indemnity. No indemnification is provided by this agreement. The parties agree to bear their respective liability for any acts or omissions resulting under this agreement as the same shall be determined under the laws of the state of Washington or any mutually approved settlement agreement. 8. Termination. This agreement shall terminate or expire as follows: 8.1 This agreement may be terminated by either party upon the provision of three hundred and sixty -five (365) calendar days notice. A final reconciliation of costs, payment, and a current report of completed activities shall be completed by City within such period following the notice by either party. 8.2 Unless sooner terminated by either party, this agreement shall expire on the date the District is dissolved in accordance with provisions of Chapter 11.25 BMC, as currently enacted or hereinafter amended. IN WITNESS WHEREOF, the parties have executed this agreement on this day of 1 2014. CITY OF BREMERTON BREMERTON TRANSPORTATION BENEFIT DISTRICT By: By: Patty Lent, Mayor Dino Davis, Board President Date: Date: ATTEST: By: Shannon Corin, Board Secretary R: \Lega1 \Lega1 \Files\. Current Active Files \Transportation Benefit Distnct\2014 \City -TBD Interlocal Agreement - 2014 doc 4 City /TBD Interlocal Agreement — 2014 updates AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeee eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee eeeee SUBJECT: Amendment No. 5 to the Real Study Session Date: May 28, 2014 Estate Purchase and Sale Agreement with COUNCIL MEETING Date: June 4, 2014 Lorax Ventures, LLC for residential air space Department: City Attorney's Office on property commonly known as Park Presenter: Roger A. Lubovich Avenue Plaza. Phone: 473 -2345 SUMMARY: Pursuant to Amendment No. 2, Lorax Partners, LLC, assigned its interest in the Agreement to Lorax Ventures, LLC and Lorax Ventures, LLC now wishes to assign its interest in the Agreement to 606 Lorax, LLC. ATTACHMENTS: Amendment No. 5 Real Estate Purchase and Sale Agreement FISCAL IMPACTS (Include Budgeted Amount): There is no anticipated change to the fiscal impact from the prior approval. STUDY SESSION AGENDA: ❑ No Presentation © Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment No. 5 to the Real Estate Purchase and Sale Agreement with Lorax Ventures, LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AMENDMENT NO.5 REAL ESTATE PURCHASE AND SALE AGREEMENT This Amendment No. 5 to Real Estate Purchase and Sale Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation ( "Seller "), and LORAX VENTURES, 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; Pursuant to Amendment No. 2, Lorax Partners, LLC, assigned its interest in the Agreement to Lorax Ventures, LLC and Lorax Ventures, LLC now wishes to assign its interest in the Agreement to 606 Lorax, LLC; NOW THEREFORE, the parties agree as follows: A. Seller and Buyer hereby agree that upon execution of this Amendment No. 5, all interest in the Agreement will be assigned from Lorax Ventures, LLC. to 606 Lorax, LLC. B. 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. THE CITY OF BREMERTON LORAX VENTURES, LLC By: By: Patty Lent, Mayor P. J. Santos, Partner Dated: Dated: By: Brian Fyall, Partner Dated: 1 REPSA Amendment No. 5 - Residential Pad ACCEPTED AND AGREED TO BY: 606 LORAX, LLC By: Its: Dated: By: Its: Dated: APPROVED AS TO FORM: By: Roger A. Lubovich, City Attorney R: \Legal\Legal\Files \Current Active Files\Park Avenue Plaza \Lorax \REPSA -Amend No. 5 - Final.doc 2 REPSA Amendment No. 5 - Residential Pad AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Approve Public Pedestrian and Study Session Date: May 28, 2014 Vehicular Ingress /Egress Easements COUNCIL MEETING Date: June 4, 2014 granted to City of Bremerton by Camits, LLC Department: City Attorney's Office and United Way of Kitsap County Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: The proposed easements grant to the City public pedestrian and vehicular ingress and egress across real property owned by the Grantors, Camits, LLC and United Way of Kitsap County. ATTACHMENTS: Ingress /Egress Easements w/ Exhibits A & B FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation © Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Ingress /Egress Easements granted to the City of Bremerton by Camits, LLC and United Way of Kitsap County, and authorize the Mayor to finalize and accept the easements with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 When Recorded Return to: Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 Document Title(s): 1. ingress and Egress Easement Reference Number(s) of Documents assigned or released: N/A Grantor(s): 1. Camits, LLC. Additional names on page of document. — -... Grantee(s): 1. The City of Bremerton ❑ Additional names on page of document. Legal Description: Portion of Government Lot 3 (SW 1/4, SW ' / a), Section 13, Township 24 North, Range 1 (abbreviated) East, Willamette Meridian, Kitsap County, Washington I X Additional legal is on page 4 of document. Assessor's Property Tax Parcel /Account Number: 3718- 014 - 039 -0003 Project Name: INGRESS /EGRESS EASEMENT THIS EASEMENT, made and entered into this day of 1 2014, by and between the City of Bremerton, a first class municipal corporation, (hereinafter referred to as "Grantee "); and Camits, LLC. (hereinafter referred to as "Grantor "). WHEREAS, Grantor agrees to grant to Grantee, a public pedestrian and vehicular ingress and egress over, through, and across the below described real property owned by Grantor, NOW THEREFORE, for and in consideration of the mutual promises and benefits contained herein and for other valuable consideration, the receipt of which is hereby acknowledged, the Grantor and Grantee hereby agree and covenant as follows: 1. Grant of Easement Grantor does hereby grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for the purpose of Public Ingress /Egress across the property legally described in Exhibit A and as further described in Exhibit B, both exhibits attached hereto and incorporated herein by reference. 1 Camits, LLC. 2. Grantor's Use of Easement Area. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place construct or maintain any building, structure, trees, large shrubs, or any other objects on the property described in this easement area or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. 3. Easement to Run With the Land. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. 4. Governing Law. The legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 5. Jurisdiction and Venue. In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap County, State of Washington. 6. Severability. In the event that any section, or any part of any section, of this Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 7. Entirely. This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. CAMITS, LLC., Grantor Its: (Notary acknowledgement on next page.) 2 Camits, LLC. STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day of 2014, before me personally appeared to me known to be the , of the Camits, LLC. that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said , for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington residing at My Commission expires: ACCEPTED BY: CITY OF BREMERTON, Grantee BY: Patty Lent Mayor APPROVED AS TO FORM: Roger A. Lubovich City Attorney R•\L.egal\Legal\Files \Current Active Files\Park Avenue PlazaTasentent - 4th Street - Camits LLC - Final doc 3 Camits, LLC. EXHIBIT "A" The south 7 feet of the west 14 feet of the east 24 feet of said Lot 40, Block 14, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3 (SW 1/4, SW ' / 4), Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington. 4 Camits, LLC 4TH ST. EXHIBIT B 4 '. CAMITS, LLC 38 7 '36 P 00 1 • -W - P al o 7 8 9 10 72 13 7 T5 EASE ENT AR A 4' LLEY PRE IOUS Y V CATS 05114 When Recorded Return to: Return Address: City Clerk City of Bremerton 345 Sixth Street, Suite 600 Bremerton, WA 98337 Document Title(s): 1. Ingress and Egress Easement Reference Number(s) of Documents assigned or released: N/A \ Grantor(s): 1. United Way of Kitsap County ILJ Additional names on page _ of document. Grantee(s): 1. The City of Bremerton L] Additional names on page of document. Legal Description: Portion of Government Lot 3, (SW ' /a, SW ' /a) Section 1, Township 24 North, Range ) East, (abbreviated) Willamette Meridian, Kitsap County, Washington Additional legal is on page 4 of document. Assessor's Property Tax Parcel /Account Number: 3718 - 014- 040 -0000 Project Name: INGRESS /EGRESS EASEMENT THIS EASEMENT, made and entered into this day of 1 2014, by and between the City of Bremerton, a first class municipal corporation, (hereinafter referred to as "Grantee "); and United Way of Kitsap County (hereinafter referred to as "Grantor "). WHEREAS, Grantor agrees to grant to Grantee, a public pedestrian and vehicular ingress and egress over, through, and across the below described real property owned by Grantor, NOW THEREFORE, for and in consideration of the mutual promises and benefits contained herein and for other valuable consideration, the receipt of which is hereby acknowledged, the Grantor and Grantee hereby agree and covenant as follows: 1. Grant of Easement Grantor does hereby grant, bargain, sell, convey, and confirm forever unto Grantee, its successors and/or assigns, an easement for the purpose of Public Ingress /Egress across the property legally described in Exhibit A and as further described in Exhibit B, both exhibits attached hereto and incorporated herein by reference. 1 United Way of Kitsap County 2. Grantor's Use of Easement Area. Grantor shall retain the right to use the surface of this easement, including the immediately adjacent incidental areas, so long as that use is not inconsistent with and does not interfere with the rights and uses granted to Grantee in this document. Under no circumstances shall Grantor place construct or maintain any building, structure, trees, large shrubs, or any other objects on the property described in this easement area or the immediately adjacent incidental areas in a manner that would interfere with Grantee's use of the easement. 3. Easement to Run With the Land. This easement shall be a covenant running with the land, and shall bind Grantor's successors and assigns and all future owners of the real property affected by this easement. 4. Governing The legal rights and obligations of the parties hereto shall be determined in accordance with the laws of the State of Washington. 5. Jurisdiction and Venue. In the event that any suit or action shall be brought in connection with any of the terms and conditions of this Agreement, the parties hereto hereby agree that jurisdiction and venue of any such suit or action shall properly lie in Kitsap County, State of Washington. 6. Severability. In the event that any section, or any part of any section, of this Agreement shall be declared invalid by a court of competent jurisdiction, said holding shall have no effect upon the remaining sections of this Agreement, which shall remain in full force and effect. 7. Entirely. This Agreement constitutes the entire agreement and understanding between the parties hereto. There are no other agreements or understandings, either written or oral, which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto, to be effective on the day and year first above written. UNITED WAY OF KITSAP COUNTY, Grantor Its: r (Notary acknowledgement on next page.) 2 United Way of Kitsap County STATE OF WASHINGTON ) : ss. COUNTY OF KITSAP ) On this day of 2014, before me personally appeared , to me known to be the , of the United Way of Kitsap County that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said , for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument. In Witness Whereof, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY PUBLIC in and for the State of Washington residing at My Commission expires: ACCEPTED BY: CITY OF BREMERTON, Grantee BY: Patty Lent Mayor APPROVED AS TO FORM: Roger A. Lubovich City Attorney R: \Current Active FilesTark Avenue PlazaTasement - 4th Street United Way - Final doc 3 United Way of Kitsap County EXHIBIT "A" The east 23 feet of Lot 41 and the south 14 feet of the west 6 feet of Lot 40, Block 14, of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3 (SW ' / 4, SW '/4), Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington. 4 United Way of 'Kitsap County 4TH ST. EXHIBIT B UNITED WAY 4 -4-J 42 39' 38 . 7 T 70 %/ 1 7,3 _ I- EA�EMET ARF�A """ 4' ALLEY PREVIOUS '�Y VACATE � AGENDA BILL &A CITY OF BREMERTON CITY COUNCIL SUBJECT: Air Rights Easements granted Study Session Date: May 28, 2014 by the City of Bremerton to 606 Lorax, LLC COUNCIL MEETING Date: June 4, 2014 For Airspace above Burwell Street and 4 1 Department: City Attorney's Office Street Alley for future Apartment Project Presenter: Roger A. Lubovich Phone: 473 -2345 SUMMARY: 606 Lorax, LLC will begin construction on the apartment project in the near future. Use of the airspace above Burwell Street and the 4th Street alley is required by 606 Lorax, LLC for construction, operation, ownership and maintenance of the project. The proposed Air Rights Easements grants 606 Lorax, LLC use of certain air space for balconies and related structures. ATTACHMENTS: Air Rights Easements, Memorandum, and Site Plans FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Air Rights Easements granted to 606 Lorax, LLC and authorize the Mayor to finalize and execute the easements with substantially the same terms and conditions as presented. The granting of these easements is conditioned upon 606 Lorax, LLC closing on the purchase of the pad and the building permit for the proposed project, permit number BB1400245, is ready to issue. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AFTER RECORDING RETURN TO: City Clerk City of Bremerton 345 6` Street, Suite 600 Bremerton, WA 98337 Grantor: City of Bremerton Grantee: 606 Lorax, LLC Abbreviated Legal Description: Portion of Government Lot 3, (SW ' / 4, SW '/4) Section 13, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington Additional Legal Description on Exhibits A, B, and C Assessor's Tax Parcel ID No. 3718 - 014 - 007 -0001, 3718 - 014 - 009 -0009, 3718 - 014 - 010 -0006, 3718- 014 - 014 -0002 AIR RIGHTS EASEMENT AGREEMENT THIS INSTRUMENT made this day of 2014, by and between the CITY OF BREMERTON, a Washington municipal corporation ( "Grantor ") and 606 LORAX, LLC, ( "Grantee "). RECITALS Grantor is the owner of right -of -way located in the City of Bremerton, and more particularly described in the legal description attached as Exhibit A. Grantee is the owner of real property located adjacent to Grantor's right -of -way, more particularly described in the legal description attached as Exhibit B. Page 1 of 8 AIR RIGHTS EASEMENT OVER CITYPROPERTY Grantee desires to use certain air space above the real property described in Exhibit A in connection with the construction, operation, ownership and maintenance of an apartment project located on the real property described in Exhibit B. The air space boundaries are more fully described in the attached Exhibit C. EASEMENT WPTNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and convey to Grantee, its successors and/or assigns, an easement of Grantor's interest in certain air space over the right -of -way in connection with the construction, operation, ownership and maintenance of an apartment project known as 606 LORAX, LLC located on the real property described in Exhibit B. The air space boundaries are described in the attached Exhibit C ( "Easement Area "). Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land so long as said easement is used for its granted purpose; and, should the easement not be used for its granted purpose the easement shall automatically terminate and all interest herein shall revert to the Grantor. The terms and conditions of this Agreement shall be binding on the Grantor's and Grantee's successors, heirs, and assigns. DATED this day of GRANTOR: CITY OF BREMERTON By: Patty Lent, Mayor (Notary Acknowledgment on Next Page) Page 2 of 8 AIR RIGHTS EASEMENT OVER CITY PROPERTY STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , before me a Notary Public in and for the State of Washington, personally appeared Patty Lent, to me known to be the Mayor of City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Seal Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney ACCEPTED this day of , 2014 by GRANTEE: 600 LORAX, LLC By: Its: R:U.ega1\Legs1\Fdes \Current Active Files\Perk Avenue Plm\Lorex\A r Rights Easement City Property - Lmax.doc Page 3 of 8 AIR RIGHTS EASEMENT OVER CITY PROPERTY EXHIBIT A CITY PROPERTY Lots 1, 2, 3, 4, 48, 49, 50, and the west 6 feet of Lot 47, Block 14 and the eastl0 feet of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington; Together with Lots 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 of said Block 14 of the Town of Bremerton; Together with the southerly 4 feet of the alley laying adjacent and abutting Lots 5 through 15, inclusive, of said Block 14 of the Town of Bremerton; Except that portion of the above for right of way under Auditor File No. 200609010279 and 200608300282, records of Kitsap County, Washington.. Page 4 of 8 AIR RIGHTS EASEMENT OVER CITYPROPERTY EXHIBIT B GRANTEE'S PROPERTY A. AIR SPACE LEGAL DESCRIPTION FOR EXISTING APARTMENT PAD ABOVE P -5 LEVEL (Approximate elevation of existing pad at 49.0 to 50.0' NAD 88) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 °37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4` Street, S88 °24'41 "E 122.11 feet; thence leaving said centerline, S1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35 "W 25.38 feet; thence S88 0 24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 0 24'56 "E 9.29 feet; - thence S1 °35'04 "W 0.83 feet; thence N88 0 24'56 "W 0.42 feet; thence S1 °35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010 being the True Point of Beginning, ; thence S88 0 24'56 "E 191.17 feet; thence S1 °35'04 "W 6.17 feet; thence S88 °24'56 "E 38.17 feet; thence S1 °35'04 "W 54.17 feet; thence N88 °24'56 "W 70.83 feet and also known as Point `A'; thence N1 °35'04 "E 2.17 feet; thence N88 °24'56 "W 102.67 feet; thence S1 °35'04 "W 2.17 feet; thence N88 0 24 1 56 "W 55.83 feet; thence N1 °35'04 "E 60.33 feet to the True Point of Beginning. Consisting of +/- 13,379 sq. ft. Page 5 of 8 AIR RIGHTS EASEMENT OVER CITYPROPERTY EXHIBIT C ADDITIONAL AIR SPACE LEGAL DESCRIPTION FOR EXISTING APARTMENT PAD ABOVE P -5 LEVEL ADDITIONAL AIR SPACE AREA # 1 (Over hang at drive entry) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4` Street, S88 0 24'41 "E 122.11 feet; thence leaving said centerline, S 1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; - thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010 ; thence S88 °24'56 "E 191.17 feet to the True Point of Beginning; thence S1 °35'04 "W 6.17 feet; thence S88 0 24'56 "E 3.33 feet; thence N1 0 35'04 "E 6.17 feet; thence N 88 °24'56 "W 3.33 feet to the True Point of Beginning. Consisting of +/- 20.54 sq. ft. ADDITIONAL AIR SPACE AREA # 2 (over hang at parldng stall) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 °37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4` Street, S88 °24'41 "E 122.11 feet; thence leaving said centerline, S 1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; thence S1 °35'04 "W 0.83 feet; thence N88 °24 "W 0.42 feet; thence S 1 °35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010 ; thence S88 °24'56 "E 191.17 feet; thence S1 0 35'04 "W 6.17 feet; thence S 88 °24 "E 22.75 feet to the True Point of Beginning; thence N 1 °35'04 "E 2.00 feet; thence S 88 °24'56 "E 12.00 feet; thence S 1 °35'04" W 2.00 feet; thence N 88 °24'56" W 12.00 feet to the True Point of Beginning. Consisting of +/- 24.00 sq. ft. Page 6 of 8 AIR RIGHTS EASEMENT OVER CITY PROPERTY ADDITIONAL AIR SPACE AREA # 3 (over hang at southeast corner) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4 Street, S88 0 24'41 "E 122.11 feet; thence leaving said centerline, S1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 0 35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 0 35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; - thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 0 35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010; thence S88 0 24'56 "E 191.17 feet; thence S1 0 35'04 "W 6.17 feet; thence S88 0 24'56 "E 38.17 feet; thence S1 °35'04 "W 54.17 feet being the True Point of Beginning, (elevation 49.00') ; thence S1 °35'04 "W 4.25 feet; thence N88 0 24'56 "W 12.25 feet; thence N1 0 35'04 "E 4.25 feet; thence S 88 0 24'56" E 12.25 feet to the True Point of Beginning. Consisting of +/- 52.06 sq. ft. ADDITIONAL AIR SPACE AREA # 4 (overhang amenity and Unit 11) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 °37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4 Street, S88 0 24'41 "E 122.11 feet; thence leaving said centerline, S 1 1 40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 1 35 1 04 11 W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; - thence S1 0 35'04 "W 0.83 feet; thence N88 0 24'56 "W 0.42 feet; thence S 1 °35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010; thence S88 °24'56 "E 191.17 feet; thence S1 °35'04 "W 6.17 feet; thence S88 °24'56 "E 38.17 feet; thence S1 °35'04 "W 54.17 feet; thence N88 0 24'56 "W 70.83; thence N1 °35'04 "E 2.17 feet; thence N88 0 24'56 "W 10.33 feet to the True Point of Beginning; thence S1 °35'04 "W 5.03 feet; thence N 74 °36'05" W 10.64 feet; thence N 1 °35'04" E 2.49 feet; thence S 88 °24'56" E 10.83 feet to the True Point of Beginning. Consisting of +/- 40.72 sq. ft. Page 7 of 8 AIR RIGHTS EASEMENT OVER CITY PROPERTY ADDITIONAL AIR SPACE AREA # 5 A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4` Street, S88 °24'41 "E 122.11 feet; thence leaving said centerline, S 1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet;- thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 0 35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010; thence S88 °24'56 "E 191.17 feet; thence S1 °35'04 "W 6.17 feet; thence S88 °24'56 "E 38.17 feet; thence S1 0 35'04 "W 54.17 feet; thence N88 °24'56 "W 70.83 feet; thence N1 °35'04 "E 2.17 feet; thence N88 0 24'56 "W 80.98 feet to the True Point of Beginning; thence S1 °35'04 "W 3.24 feet; thence S 85 0 57'41" W 10.41 feet; thence N88 0 24'56 "W 20.67 feet; thence S1 °35'04 "W 2.00 feet; thence N88 0 24'56 "W 46.7 feet; thence N1 °35'04 "E 4.09 feet; thence S88 °24'56 "E 55.83 feet; thence N1 0 35'04 "E 2.17 feet; thence S88 0 24'56 "E 21.90 feet to the True Point of Beginning. Consisting of +/- 297.67 sq. ft. ADDITIONAL AIR SPACE AREA # 6 (canopy at P -3 entry) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4 t ' Street; thence along the centerline of said 4` Street, S88 °24 1 41 "E 122.11 feet; thence leaving said centerline, S 1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; -thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 0 35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 0 24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010; thence S88 °24'56 "E 191.17 feet; thence S1 °35'04 "W 6.17 feet; thence S88 °24'56 "E 38.17 feet; thence S1 0 35'04 "W 54.17 feet; thence N88 °24'56 "W 70.83 feet; thence N1 0 35'04 "E 2.17 feet; thence N88 1 24'56 "W 9.50 feet to the True Point of Beginning; thence S1 0 35'04 "W 5.17 feet; thence N 75 W 12.49 feet; thence N 1 °35'04" E 2.33 feet; thence S 88 °24'56" E 12.16 feet to the True Point of Beginning. Consisting of +/- 45.60 sq. ft. Page 8 of 8 AIR RIGHTS EASEMENT OVER CITYPROPERTY MEMORANDUM CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOPMENT TO: ROGER LUBOVICH, CITY ATTORNEY FROM: JEANNIE VAUGHN, BUILDING OFFICIAL SUBJECT: FIRE SEPARATION REQUIREMENTS FOR 606 APARTMENTS DATE: MAY 29, 2014 The 606 Apartments are proposed to be constructed on top of the City Garage and adjacent to the alley located between Burwell and 4 th Street. The applicants have proposed balconies over the alley and will have windows and sliding glass doors that will be in the wall that is located on the property line. The 2012. International Building Code (IBC), which has been adopted by the State of Washington and City of Bremerton, allows the balconies and openings as long as the encroachments and openings comply with the applicable code sections. Balconies, windows, and architectural features are allowed to encroach into the public right-of- way per IBC Section 3202.3. The encroachment has to be at least 8 feet above grade, and the projection extension depends on the distance above grade. When the projection is at least 15 feet above grade, the encroachment is unlimited. The balconies that extend into the alley on the first floor of the apartment building are located 15 feet above grade at the lowest point. The balconies extend 1'6" into the public right of way and comply with the code for encroachments into the public right-of-way. The balconies are shown as noncombustible construction. Openings, such as windows and doors, in an exterior wall are restricted when the wall is located near or on a property line. The amount or type of openings allowed in an exterior wall is regulated by IBC Section 705.8 and Table 705.8, in which the fire separation distance dictates the amount of protection. Fire separation distance is the distance from the building wall to the interior property line, the middle of a public right of way, or an imaginary line between two buildings when the buildings are located on the same parcel. Approximately 191.5 feet of the north exterior wall of the apartment building is located at the property line at the alley, and the fire separation distance for the exterior wall is 5'3" at its narrowest distance. Table 508.3 allows 25% of the wall area to be windows or doors in a sprinklered building. The plans show 32.6% of windows and doors on the north wall. The applicants are evaluating either the use of the automatic fire sprinkler system to protect the openings as allowed in IBC 705.8.2 or reduce the area of openings to comply with the code. In summary, the balconies over the alley and the openings onto the alley are allowed by the International Building Code as long as the conditions comply with the code. The balconies for each floor of the 606 Apartments comply with the code for encroachments into the alley. Although the window and door openings exceed the maximum allowable area as presently designed, the owners may choose to use the automatic fire sprinkler system or reduce the area of openings. HEWITr C/) W zo uj 2 2 Emma w mwmmwwWw ow"m Mum Psmvo "Mmmm vuu�m EL w co 7 t a --------------------------­- co eO L 7 //�, �,7 1 . // 'A VA 606 LORAX LLC / ZZ A/ Z/ OAPAMM , 101 STEWART ST. SUITE 350 x SEATTLE, WA 98101 L /77 . . . . . . . . . . „mss Eg :T3 I BURWELL STREET - - MI PAY£AA 4--u . ­1— .5w t tf - ------- - -- -- - FERRY TRAFFIC EXITING TUNNEL ---------------------------------- --------------------------------- ------------------------------ BURWELL STREET- ----------------------------------- ----------------------- SITE PLAN G �UTUPM SITE PLAN il.bol SITE PLAN ­4 LL �E < cn JI C .5 016.1 oSIN' 1 12 2 0— S7. PRE . . . ...... -- ---- �ASWGPA�GCAMr.!! 7i2' m E ALLEY 606 LORAX LLC - AL �14 9 WOW 41 "'t J ew a EMSTIXG � %. �'� "� ' .. �' 101 STEWART ST, SUFTE MO SEATTLE. %AJA 98101 EXrr.NG PARY.NG Tl— to 4+T Embn"G SURF.CE el E.T. H'T --PD TZ CIJAL.Al `77 Y) J"�a' H pprr ACCES' 10 AMU.G - ------ ­ .GA "T&EXI RACEE"TI�.3 �*= z EMS' T t.1 e o rx,STq -]' 3's ITGTNG NG r RE rylar,Gs� EFT - ­R3 ctir -F., 5, DOCUME41"SET COW 3 BURWELL STREET T�P , .., UIST:-�C =v- j Z , OCCISVEW. SET ew"03 -CC wE -7 -CNC PA T. 2. 7 T V 2- t . ism 'is . . ..... ....... . ... r rARK I-L-Bl.-- -AISTINr )W- Cu"2 . . . ........ .. ... .. .. .... ..... .... .... . ..... . . PE .SET FERRY TRAFFIC EXITING TUNNEL - 7 Z. . . ...... . BURWELL STREET SITE PLAN AIR RIGHT EASEMENTS OVER CITY OWNED PROPERTY . . ........ ....... .... .......... . ..... A1.001 EL :0 235 GRADE . . . . ..... . ..... a 77 <' %.F 22 25 5 31e 27 2". 75 3 .: J' _6 -:7 1W W N4 10 cl . . ..... mwm 7 V 5­-' ­2 7.t 7. JIIST: PAP GNG aARAr.F -CC s Em-, plagi, P4 A--"- r 606 LORAX LLC PA!"POS. RES 0' STEWART ST. SUITE 350 ps GARAGl'E=9 SEAT. LE, VVA 98 101 4 1 IMIN3 F'APK..G :- A.3L TO Ep.,I.h SERFAGE �N� PARKING ZP 0\54 EXI.. T % G ETO 4 T t RE U.ITS or RE DENTKIL NE ccmsmuc . CA 314C=FAS�.F LGICS EIRE m. RWE­ r ACC. - 1'" PR PROVOSEDRES r ",c -c EATS tX=NG sa.l.c. ARIqK I ' hD F QARAGE.Xrrf.l.P3, qALr R R4t 5 E—V rA F;60 ES RAGE FN`Ry, 7 VA, �MT ENTRY;F�Iygm ',V APL C.R. 7;� R ^% ' STING VIDIIJ%11�4r SET ES ni' .�­ I i I., j I�M`.li�.'�'�_ 01,11E 70'.— BURWELL STREET hr "EMilo I().(: 1 17- ' A's , p . 4"L-. 7 -AVERS 7-- 7 CQW:CL-e ciA:h'cvi ---- FERRY TRAFFIC - EXITING TUNNEL BURWELL STREET V . ..... .. ..... ....... . SITE PLAN AIR RIGHT EASEMENTS OVER RIGHT OF WAY ARCHITECTURAL SITE PLAN . . . ...... ........ . . . ..... A-IfF-% RIGHT t�P%� Lcc�ftloN fLA�4 A1.001 AFTER RECORDING RETURN TO: City Clerk City of Bremerton 345 6 Street, Suite 600 Bremerton, WA 98337 Grantor: City of Bremerton Grantee: 606 Lorax, LLC Abbreviated Legal Description: Portion of Government Lot 3, (SW '/4, SW %4) Section 1, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington Additional Legal Description on Exhibits A, B, and C Assessor's Tax Parcel ID No. n/a AIR RIGHTS EASEMENT AGREEMENT THIS INSTRUMENT made this day of 2014, by and between the CITY OF BREMERTON, a Washington municipal corporation ( "Grantor ") and 606 LORAX LLC, ( "Grantee "). RECITALS Grantor is the owner of right -of -way located in the City of Bremerton, and more particularly described in the legal description attached as Exhibit A. Grantee is the owner of real property located adjacent to Grantor's right -of -way, more particularly described in the legal description attached as Exhibit B. Page 1 of 7 AIR RIGHTS EASEMENT 0VER RIGHT -OX WAY Grantee desires to use certain air space above the real property described in Exhibit A in connection with the construction, operation, ownership and maintenance of an apartment project located on the real property described in Exhibit B. The air space boundaries are more fully described in the attached Exhibit C. EASEMENT WITNESSETH that Grantor for and in consideration of mutual benefits derived and/or other valuable consideration receipt of which is hereby acknowledged by Grantor, does grant and convey to Grantee, its successors and/or assigns, an easement of Grantor's interest in certain air space over the right -of -way in connection with the construction, operation, ownership and maintenance of an apartment project known as 606 LORAX LLC located on the real property described in Exhibit B. The air space boundaries are described in the attached Exhibit C (`Basement Area "). Grantee shall at all times exercise its rights under this easement in accordance with the requirements of all applicable statutes, orders, rules and regulations of any public authority having jurisdiction. Grantee does hereby release, indemnify and promise to defend and save harmless Grantor from and against any and all liability, loss, damage, expense actions and claims, including costs and reasonable attorney's fees incurred by Grantor in connection therewith, arising directly or indirectly on account of or out of the exercise by Grantee, its servants, agents, employees and contractors of the rights granted in this easement. This easement shall be a covenant running with the land so long as said easement is used for its granted purpose; and, should the easement not be used for its granted purpose the easement shall automatically terminate and all interest herein shall revert to the Grantor. The terms and conditions of this Agreement shall be binding on the Grantor's and Grantee's successors, heirs, and assigns. DATED this day of GRANTOR: CITY OF BREMERTON By: Patty Lent, Mayor (Notary Acknowledgment on Next Page) Page 2 of 7 AIR RIGHTS EASEMENT OVER RIGHT -OF -WAY STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) On this day of , before me a Notary Public in and for the State of Washington, personally appeared Patty Lent, to me known to be the Mayor of City of Bremerton, a Washington municipal corporation that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation, for the uses and purposes mentioned in this instrument, and on oath stated that he was authorized to execute said instrument. -Notary Sea! Must Appear Within This Box - IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. NOTARY PUBLIC, in and for the State of Washington residing at My appointment expires APPROVED AS TO FORM: ROGER A. LUBOVICH City Attorney ACCEPTED this day of 9 2014 by GRANTEE: 600 LORAX, LLC By: Its: R U.cgal\Legal\Files \Cu rent Active Files \Park Avenue Pl=\LoraxWv Rights Easement Public ROW - Lorax R -Ldoc Page 3 of 7 AIR RIGHTS EASEMENT OVER RIGHT -OF -WAY EXHIBIT A CITY RIGHT-OF-WAY The portion of Burwell Street and alley, lying adjacent to, abutting, or within Block 14, as created and dedicated to the public by the Plat of the Town of Bremerton as recorded in Volume 2 of Plats, Page 30, records of Kitsap County, Washington, situate in Government Lot 3, Section 14, Township 24 North, Range 1 East, W.M., Kitsap County, Washington, and as modified by City Ordinances #598, #779, #5239, and Kitsap County Auditor's File #200609010279, #200608300282. Page 4 of 7 AIR RIGHTS EASEMENT 0 VER RIGHT -OF -WAY EXHIBIT B GRANTEE'S PROPERTY A. AIR SPACE LEGAL DESCRIPTION FOR EXISTING APARTMENT PAD ABOVE P -5 LEVEL (Approximate elevation of existing pad at 49.0 to 50.0' NAD 88) A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4` Street, S88 °24 "E 122.11 feet; thence leaving said centerline, S 1 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence Sl °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; - thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to its intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010 being the True Point of Beginning, ; thence S88 °24'56 "E 191.17 feet; thence S1 0 35'04 "W 6.17 feet; thence S88 °24'56 "E 38.17 feet; thence S1 0 35'04 "W 54.17 feet; thence N88 °24'56 "W 70.83 feet and also known as Point `A'; thence N1 °35'04 "E 2.17 feet; thence N88 °24 11 W 102.67 feet; thence S1 °35'04 "W 2.17 feet; thence N88 °24'56 "W 55.83 feet; thence N1 °35'04 "E 60.33 feet to the True Point of Beginning. Consisting of +/- 13,379 sq. ft. Page 5 of 7 AIR RIGHTS EASEMENT OVER RIGHT -OF -WAY EXHIBIT C AIR RIGHTS EASEMENTS AIR RIGHT EASEMENT OVER PUBLIC PROPERTIES LEGAL DESCRIPTION FOR APARTMENT ABOVE P -5 LEVEL AIR RIGHT EASEMENT # 1 A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4` Street; thence along the centerline of said 4` Street, S88'24'41 "E 122.11 feet; thence leaving said centerline, S 1 °40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; - thence S 10351041 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 0 35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to it's intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010, also being the True Point of Beginning; thence S88 °24'56 "E 191.17 feet; thence N1 °35'04 "E 2.00 feet; thence N88 °24'56 "W 191.17 feet; thence S1 °35'04 "W 2.00 feet to the True Point of Beginning. Consisting of +/- 390 sq. ft. AIR RIGHT EASEMENT # 2 A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4 Street; thence along the centerline of said 4` Street, S88 °24'41 "E 122.11 feet; thence leaving said centerline, S 1'40'09"W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 °24'56 "E 9.29 feet; - thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S 1 5'04"W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to it's intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010; thence S88 °24'56 "E 191.17 feet; thence S1 °35'04 "W 6.17 feet; thence S88 1 24'56 "E 38.17 feet; thence S1 0 35'04 "W 54.17 feet; thence N88 °24'56 "W 70.83 feet; thence Nl °35'04 "E 1.00 feet to theoretical grid Page 6of7 AIR RIGHTS EASEMENT OVER RIGHT -OF -WAY line 12; thence N88 °24'56 "W 10.33 feet; thence S1 °35'04 "W 3.86 feet to south property line, also being the True Point of Beginning; thence S1 °35'04 "W .85 feet; thence N88 °24'56 "W 10.83 feet; thence N1 0 35'04 "E 2.16 feet; thence S84 °39 11 E 10.84 feet to the True Point of Beginning. Consisting of +/- 16.30 sq. ft. AIR RIGHT EASEMENT # 3 A portion of Block 14 and the east half of the vacated portion of Park Avenue (formerly Dock Street) of the Plat of the Town of Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County, Washington, situate in Government Lot 3, Section 13, Section 24, Township 24 North, Range 1 East, Willamette Meridian, Kitsap County, Washington more particularly described as follows; Beginning at monument in case at the intersection of Park Avenue and Burwell Street, thence N1 0 37'00 "E 280.11 feet to an existing monument in case at the intersection of Park Avenue and 4 0 ' Street; thence along the centerline of said 4` Street, S88 0 24'41 "E 122.11 feet; thence leaving said centerline, S 1 1 40'09 "W 30.9 feet to the outside edge of an existing concrete wall; thence leaving said outside edge, S1 °35'04 "W 25.38 feet; thence S88 °24'56 "E 8.46 feet; thence S1 °35'04 "W 7.04 feet; thence S88 1 24'56 "E 9.29 feet; - thence S1 °35'04 "W 0.83 feet; thence N88 °24'56 "W 0.42 feet; thence S1 °35'04 "W 79.25 feet to a point being 3.5 north of the south line of the vacated alley in said Block 14; thence parallel with said south line S88 °24'56 "E 108.92 feet to it's intersection with the theoretical grid line L as shown on the contract plan set for City of Bremerton Park Avenue Plaza dated August 16, 2010; thence S88 °24'56 "E 191.17 feet; thence S1 °35'04 "W 6.17 feet; thence S88 °24'56 "E 38.17 feet; thence S1 0 35'04 "W 54.17 feet; thence N88 °24'56 "W 70.83 feet; thence N1 0 35'04 "E 1.00 feet to theoretical grid line 12; thence N88 °24'56 "W 80.98 feet; thence S1 °35'04 "W 2.00 feet to south property line, also being the True Point of Beginning; thence S1 °35'04 "W 2.60 feet: thence N88 °24'56 "W 10.16 feet; thence N1 0 35'04 "E 1.58 feet; thence N85 °51'05 "E 10.21 feet to the True Point of Beginning. Consisting of +/- 21.23 sq. ft. Page 7 of 7 AIR RIGHTS EASEMENT OVER RIGHT -O&WAY its t , ��' —�-_ lllttiuiuutn °,ili7iiiltlletvnu -.- �,�iA <h. fin. � �, +•, � -- `