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Home My WebLink About09/03/2014 AGENDA i i 4i I CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 SEPTEMBER 3, 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 —August 20, 2014 C. Minutes of Study Session —August 27, 2014 D. Lease Agreement between the City of Bremerton and Connections Credit Union, Inc. E. Change Order No. 3 to Contract with Pivetta Brothers Construction, Inc. for Evergreen Rotary Park Renovation Project 6. GENERAL BUSINESS— There are no General Business items tonight... 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)473-5323iat least•24 hours prior to the Meeting. t1 r low 9: - i low � f . ,. ' [ Affirm egg LQ Anl VKJ •1 4r Outstanding Pe.rfoirmance Aurard 2013" N,Vashing�oxi State Department of Ecolo ; a-eco niZes the exemplary epi hors` and UY01-h a cco mlV shed by s h e City of Bremerton and the dedicated team at the Westside Wastewater Treatment Plant =l iomh you forprotec�ij��_ Gil , d - F � - -_ - �1 X; T .... _ �` - --�L � n .w ., _ �itis; .�� .'- •� f - r• ru 3`f t� 1 Photo by Meegan M. Re Ktsa , IM I r • 17 c � � t - r ,fr rt �"�.•'. ^, y 4'!� �_'��.,?;� v' r'w � A5' �t � , _ .Sys i ,r- 1C ,y (, rtp!(tt,„ , a r, , + t!,?lfje7� `�'. y. 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SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: September 3, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 359981 through 360091 and EFT's 14120 through 14160 in the amount of $1,275,365.02. 2) Regular Payroll for the pay period ending August•31, 2014 in the amount of$697,572.58. 3) Retiree Payroll for the pay period ending August 31, 2014 in the amount of$54,326.62. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 15 CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeereeeeeeeeeeeeeeeeeeeeeeeeeereeeeeeeeeeeeeeeeeeereeeeeeeeeee SUBJECT: Minutes of Meeting — Study Session Date: N/A August 20, 2014 COUNCIL MEETING Date: September 3, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on August 20, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: M No Presentation ❑ 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, August 20, 2014 A weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 20, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 61 Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Also present were Assistant City Attorney Mark Koontz; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. 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 Paul Meeker of Our Saviour's Lutheran Church. President Wheeler read a statement into the record regarding meeting procedures. BPD SWEARING-IN CEREMONY Municipal Court Judge James Docter performed the Oath of Office for new Police Officer Todd Byers; and the promotion to Police Sergeant for Ryan Heffernan. MAYOR'S REPORT —Mayor Patty Lent... • Announced that the 251h Annual Blackberry Festival will be held on the Louis Mentor Boardwalk from Saturday, August 30 through Monday, September 1; and • Proclaimed September 2014 as "American Lung Association in Washington and Ride Around the Sound Month'; and was pleased to announce the "Ride Around the Sound" event on Saturday, September 13, 2014 will begin in Seattle, and end in Bremerton; BPD BRIEFING Police Chief Steve Strachan provided a monthly update on police operations. KEDA BRIEFING John Powers, Executive Director for the Kitsap Economic Development Alliance, summarized the 2nd Quarter (April 1, 2014 to June 30, 2014) Economic Development Activity Report; provided a copy of the Annual Report that was distributed by the Kitsap County Team in attendance at the Farnborough Airshow in London July 14 to 18; and invited the public to a briefing by the Kitsap Aerospace and Defense Alliance on Thursday, September 18, 2014 at 3:00 PM. PUBLIC RECOGNITION Robert Parker referred to the information presented by Police Chief Strachan related to mental health issues; and suggested an apology from the City Clerk due to her use of the term "peanut gallery" to reference members of the audience who were talking from their seats without being recognized at the podium or by the Chair at the August 6, 2014 City Council Meeting. Ms. Corin expressed regret and apologized. A. Lee Doucilass was pleased sidewalks were being added in her neighborhood, but was concerned with the inconvenience caused by the project and asked when it would be completed. Chal Martin, Public Works & Utilities Director, responded the expected completion date is late November. City Council Meeting Minutes Wednesday, August 20, 2014 Page 2 of 7 Collins Stanford Clark-Hill read a statement to express concern at the recent violence in Missouri, and asked that persons write sentiments on post it notes in a campaign to "Post It for Peace"; and also to volunteer to pull weeds at the Lillian A. & James Walker Park from August 29 to 31. Joe & Mary Green was here to express support for the efforts of Regina Raye Hill. Regina Rave Hill encouraged adults to teach their children about local civil rights leaders; and will support the annual events in September and April at Lillian A. & James Walker Park. Everett D. Clark Expressed support for the efforts of Regina Rae Hill. CONSENT AGENDA 8A— Claims & Check Register: Check Numbers 359474 through 359980, and EFT-14075 through EFT-14119 in the amount of $2,397,011.32; Regular Payroll for the pay period ending July 31, 2014 in the amount of $15,424.94; and Regular Payroll for the pay period ending August 15, 2014 in the amount of $716,532.42 819— Minutes of Meeting —August 6, 2014 8C— Minutes of Study Session —August 13, 2014 8D— Confirm Reappointment of Tony Clements to the Bremerton Housing Authority Board of Commissioners 8E— Confirm Appointment of Anna Laurie to the Bremerton Housing Authority Board of Commissioners 8F— Goods and Services Agreement with H.D. Fowler Company for Purchase of Water System Pressure Regulating Valve 8G — Professional Services Agreement with HDR, Inc. for the Sewer Grit Study and Oyster Bay Sewer Pre-Design Report 8H— Renewal of PackageCARE Agreement with Ingersoll-Rand Company for Warranty and Maintenance of Fountain Compressors 06:44:34 Motion was made by Runyon and seconded by Davis... Kurt Weist, Bremerton Housing Authority Executive Director, expressed appreciation to the City for the appointments of Mr. Clements and Ms. Laurie. 06:46:31 M/S/C/U (Runyon/Davis) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 9A— CONSULANT SUPPLEMENTAL AGREEMENT FOR SUPPLEMENT NO. 2 WITH GRAY & OSBORNE, INC. FOR THE LOWER WHEATON WAY (BRIDGE TO BRIDGE TRAIL) PROJECT: Chal Martin, Director of Public Works & Utilities Department, explained that the City signed an agreement for design services with Gray & Osborne, Inc. on August 21, 2013 for the Lower Wheaton Way Project at an original cost of $187,480. In discussions with the funding agency, additional design features were added into the project and an initial budget for construction support was established. Supplement Agreement No. 1 includes these costs for $30,000 and was signed on May 20, 2014. Also found during design was the poor condition of the culvert at Schley Canyon. Based on initial consultation with Department of Fish & Wildlife and the Suquamish Tribe, City staff wishes to retain Gray & Osborne, Inc. for a pre-design effort of the culvert and additional construction services support. Supplemental Agreement No. 2 was prepared and consists of: 1) The preparation of the pre-design report for the Schley Canyon Culvert Replacement in the amount of $30,000; and 2) The construction support services needed on a limited `on call' basis during the construction phase of the project in the amount of $20,000. A timeline of the Schley Canyon Culvert was presented. City Council Meeting Minutes Wednesday, August 20, 2014 Page 3of7 Gunnar Fridriksson, Managing Engineer, was available to provide further comment. Bob Dollar wondered if there were fish in the culvert. 07:02:15 Motion was made by Runyon and seconded by Sullivan; questions and comments were provided by Runyon, Davis, Daugs, McDonald, and Sullivan; with responses provided by Mr. Martin, representatives from the Department of Fish & Wildlife, and Mr. Fridriksson... 07:48:50 M/S/C (Runyon/Sullivan) Move to approve the Consultant Supplemental Agreement for Supplement No. 2 with Gray &Osborne, Inc. for the Lower Wheaton Way Project; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. Voted in favor of Motion: McDonald, Davis, Runyon, Sullivan, Wheeler Voted opposed to Motion: Daugs Motion carried: 5-Yes; 1-No President Wheeler called a 10-minute recess... 913— RESOLUTION NO. 3229 TO RENAME THE SOUTH KITSAP INDUSTRIAL AREA(SKIA) TO THE "PUGET SOUND INDUSTRIAL CENTER- BREMERTON": Mayor Lent briefed that Council that the South Kitsap Industrial Area (SKIA) was annexed to the City of Bremerton through a series of annexations that began in 2008, and since that time the city has worked to develop plans for the economic growth of this regionally designated "manufacturing/industrial center'. Key to the implementation is a marketing plan that includes a name that is more reflective of the industrial center's location in the City of Bremerton, and its ability to support job growth in the Puget Sound region. The Port of Bremerton and the City are working jointly in this endeavor and both agencies desire to move forward with this renaming process. Renaming of SKIA is conditioned upon approval by the Port of Bremerton. Bremerton Port of Bremerton Commissioners Axel Strakeliahn and Roger Zabinsky, and Chief Executive Officer (CEO) Jim Rothlin also provided comments in support. There were no comments from the public... 08:03:15 Motion was made by Daugs and seconded by Runyon; questions and comments were provided by Daugs, Runyon, and McDonald, with responses provided by Mayor Lenf... 08:13:30 M/S/C/U (Daugs/Runyon) Move to adopt Resolution No. 3229 changing the name of South Kitsap Industrial Area (SKIA) to Puget Sound Industrial Center - Bremerton. 9C—ORDINANCE NO. 5255 TO PROVIDE FOR THE ISSUANCE AND SALE OF NOT TO EXCEED $8,000,000 PRINCIPAL AMOUNT OF WATER AND SEWER REVENUE BONDS: AND DELEGATING AUTHORITY TO THE MAYOR OR DIRECTOR OF FINANCIAL SERVICES TO APPROVE FINAL TERMS OF THE BONDS: Mike Riley, Financial Services Assistant Director, summarized that in April 2013 the City completed and adopted a comprehensive rate study on its Water, Wastewater and Stormwater Utilities. The study included an analysis of the revenue and capital requirements for a six year horizon. The capital funding plan in this analysis anticipated the issuance of revenue bonds to partially fund capital improvements to the utility system. Proceeds of the bonds will fund capital improvements identified in the capital improvement plan for the Water and Wastewater funds ($2 million and $5million respectively), associated bonds reserves and costs of issuance. The ordinance delegates to the Mayor or Director of Financial Services the ability to set the date and rates for the final sale of the bonds. The ordinance sets the parameters under which this can occur. By doing this, the City can react to changing market conditions quickly without being tied to a date certain based on Council Meeting schedules. City Council Meeting Minutes Wednesday, August 20, 2014 Page 4 of 7 Dave Treqasur, Underwriter, was available to provide further comment. There were no comments from the public... 08:18:30 Motion was made by Davis and seconded by Daugs; questions and comments were provided by Runyon; with responses provided by Mr. Riley and Mr. Treqasur... 08:20:56 M/S/C/U (Davis/Daugs) Move to approve Ordinance No. 5255 of the City of Bremerton, Washington, providing for the issuance and sale of not to exceed $8,000,000 principal amount of water and sewer revenue bonds and delegating authority to the Mayor or Director of Financial Services to approve final terms of the bonds. 9D— AMENDMENT TO KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF PRISONERS; AND 2014 BUDGET AMENDMENT: Mark Koontz, Assistant City Attorney, stated that the proposed amendment to the Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners extends the contract through December 31, 2016 and makes other related changes. The City will pay$73.50 per full bed-day in the calendar year 2014. On January 1 s`for the years 2015 through 2016, the base rate for housing shall be increased by one hundred percent (100%) of that percentage increase set forth in the All Urban Consumers Index (CPI- U) (1982-1984=100) for the Seattle-Tacoma-Bremerton area as is specified by the Bureau of Labor Statistics, United States of Labor; provided, however, the increase shall not be more than six percent (6%). Estimated bed days are increasing from 10,646 in 2013 to 12,000 bed days for 2014. Dave Boynton with the Bremerton Police Department was available to provide further comment. There were no comments from the public... 08:24:18 Motion was made by Sullivan and seconded by Daugs; Questions and comments were provided by Runyon; with responses provided by Mr. Koontz... 08:30:45 M/S/C (Sullivan/Daugs) Move to approve the amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and further to authorize an amendment to the 2014 Budget to increase General Fund expenditures by $252,000 for increased costs with this contract. Voted in favor of Motion: Sullivan, Daugs, McDonald, Davis, Wheeler Voted opposed to Motion: Runyon Motion carried: 5-Yes; 1-No PUBLIC HEARINGS 10A—QUASI JUDICIAL HEARING ON RESOLUTION NO. 3230 TO RECOVER FEES FOR ABATEMENT COSTS ON THE PROPERTY LOCATED AT 233 ELM STREET: Janet Lunceford, Code Enforcement Office with the Department of Community Development, explained that pursuant to a Kitsap County Superior Court Order, on July 11, 2014, the City secured the house and garbage and removed a shed, garbage, debris and nuisance vegetation from the property located at 233 Elm Street. The owner of the property, Danny Laurie, was notified that the property was a public nuisance and failed to take action to remedy the conditions on the site, which included lack of water or sewer service and numerous police calls to the property regarding the occupants. The cost charged to the revolving abatement fund for this action totaled $10,844.95, which includes the administrative fees as specified in Rate Table C of the Bremerton Municipal Code. The Notice of Hearing was published in the Kitsap Sun on August 2, 2014, was posted on the property and was City Council Meeting Minutes Wednesday, August 20, 2014 Page 5 of 7 mailed by both regular and certified mail to the owner. Following a quasi-judicial public hearing the Council must decide if the fees are just and reasonable, and how they should be collected. President Wheeler read the Appearance of Fairness Doctrine...With no comments or objections from the Council Members or the public, the Council Members remained seated... 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... 08:34:00 Motion was made by Runyon and seconded by Sullivan; Questions and comments were provided by Runyon; with responses provided by Ms. Lunceford... 08:34:58 M/S/C/U (Runyon/Sullivan) Move to adopt Resolution No. 3230, ordering that the fees incurred for securing the house and garbage, and removing a shed, garbage, debris and nuisance vegetation from the property located at 233 Elm Street be collected as reasonable abatement costs and become a lien against the property and assessed against the property pursuant to RCW 35.80.030. 10B— PUBLIC HEARING ON ORDINANCE NO. 5256 TO VACATE A PORTION OF THE ALLEY LOCATED SOUTH OF BURWELL STREET AND EAST OF CHESTER AVENUE FOR THE BREMERTON POLICE DEPARTMENT: Gunnar Fridriksson, Managing Engineer, Public Works & Utilities Department, stated that the City of Bremerton initiated the partial vacation of the alley abutting the Bremerton Police Department (BPD) property. This portion of the alley was blocked off by security gates during construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. 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... 08:36:15 Motion was made by Davis and seconded by Runyon; questions and comments were provided by Davis, and Daugs; with responses provided by Mr. Fridriksson... 08:37:24 M/S/C/U (Davis/Runyon) Move to pass Ordinance No. 5256 to vacate the alley right-of-way for the BPD. 10C— PUBLIC HEARING ON ORDINANCE NO. 5257 TO VACATE THE SOUTH HALF OF HOME STREET BETWEEN WINFIELD AVENUE AND THE ALLEY TO THE WEST: Gunnar Fridriksson, Managing Engineer, Public Works & Utilities Department, stated that the adjacent property owner has petitioned the City to have the south half of the street vacated as the roadway was built entirely in the northern half of the right-of-way. No street improvements have been made in the area proposed for vacation. 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... 08:38:35 Motion was made by Daugs and seconded by Sullivan; questions and questions were provided by Runyon; with responses provided by Mr. Fridriksson... City Council Meeting Minutes Wednesday, August 20, 2014 Page 6 of 7 08:41:23 M/S/C/U (Daugs/Sullivan) Move to pass Ordinance No. 5257 to vacate the south half of Home Street between Winfield Avenue and the alley to the west. 10D— PUBLIC HEARING ON ORDINANCE NO. 5258 TO VACATE A PORTION OF CHESTER AVENUE AND DEDICATE BROADWAY AVENUE, BOTH ACTIONS BETWEEN 16 AND 18 STREETS: Gunnar Fridriksson, Managing Engineer, Public Works & Utilities Department, summarized that Olympic College has petitioned the City to have a portion of Chester Avenue vacated. As compensation for the vacation, the College will dedicate and construct Broadway Avenue between 16th and 18th Streets. The relocation of the roadway is being done to allow for new building construction at the campus and is consistent with their master plan. 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... 08:49:24 Motion was made by Runyon and seconded by Davis; questions and comments were provided by Runyon and Wheeler, with responses provided by Mr. Fridriksson... 08:51:45 M/S/C/U (Runyon/Davis) Move to pass Ordinance No. 5258 to 1) vacate a portion of Chester Avenue between 16th and 18th Streets and 2) dedicate a portion of Broadway Avenue between 16th and 18th Streets. 10E— PUBLIC HEARING ON ORDINANCE NO. 5259 TO VACATE A PORTION OF THE SOUTH HALF OF 9 THSTREET BETWEEN PITT AVENUE AND SHORE DRIVE: Gunnar Fridriksson, Managing Engineer, Public Works & Utilities Department, pointed out that the adjacent property owner has petitioned the City to have the south twenty-five (25) feet of the street vacated as the roadway was built entirely in the northern half of the right-of-way. No street improvements have been made in the area proposed for vacation. 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... 08:54:06 Motion was made by Sullivan and seconded by Runyon; questions and comments were provided by Sullivan, Runyon, and Daugs; with responses provided by Mr. Fridriksson... 08:55:35 M/S/C/U (Sullivan/Runyon) Move to pass Ordinance No. 5259 to vacate a portion of the south half of 91h Street. COUNCIL MEMBER REPORTS Roy Runyon emphasized the importance of reporting car prowls. Dino Davis reminded citizens about the upcoming Blackberry Festival and the Kitsap Fair& Stampede Rodeo. Mr. Davis was also concerned that Mr. Runyon was incorrectly credited with bringing attention to the low rates being charged to the City of Port Orchard when purchasing City of Bremerton water. Jerry McDonald announced that Manette Fest will be held on Saturday, September 6 from 10:00 AM to 4:00 PM. City Council Meeting Minutes Wednesday, August 20, 2014 Page 7 of 7 Leslie Daugs encouraged citizens to attend the Blackberry Festival as well as the volunteer weed pulling event at Lillian A. & James Walker Park; will be participating in the pie eating contest at the Kitsap County Fair & Stampede Rodeo. Mike Sullivan attended the Open House, and announced the next Lions Park Beach Clean-Up will be held on Saturday, August 23 at 10:00 AM; and will be assisting Mayor Lent selling blackberry "slugs" at the Blackberry Festival. Greq Wheeler invited volunteers to the Kiwanis Park Volunteer Clean Up event; will be attending the Blackberry Festival; and thanked all City employees for all the work they do to make the meetings run smoothly. President Wheeler adjourned the Council Meeting at 9:05 PM. Pr7N d Submitted b LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 5C CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session— Study Session Date: N/A August 27, 2014 COUNCIL MEETING Date: September 3, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on August 27, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ 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 STUDY SESSION MINUTES Wednesday, August 27, 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 6th Street, Bremerton, Washington, Wednesday, August 27, 2014, at 5:00 PM, 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. Christine Grenier, Council 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 September 3, 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, but staff will be present for brief questions... 1. Lease Agreement between the City of Bremerton and Connections Credit Union, Inc. (Consent Agenda) B. BRIEFINGS & FULL PRESENTATIONS 2. Ordinance amending certain sections of Chapter 3.48 of the Bremerton Municipal Code (BMC) entitled "Business and Occupation Taxes" to remove the tax on proceeds derived from manufacturing (Pulled) 3. Proposal for Wayfinding Network of Signs— Mayor Patty Lent (Information Only) 4. Change Order No. 3 to Contract with Pivetta Brothers Construction, Inc. for Evergreen Rotary Park Renovation Project (Consent Agenda) C. GENERAL COUNCIL BUSINESS o Audit Committee Briefing (8/21/14 Meeting) — Mike Sullivan, Member o Finance Committee Briefing (8/26/14 Meeting)— Roy Runyon, Chair o Other General Council Business was discussed. With no further business, President Wheeler adjourned the Council Study Session at 6:42 PM. Prepared and Submitted by: CHRISTINE GKENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:c 9 AGENDA BILL 5D CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Lease Agreement between the Study Session Date: August 27, 2014 City of Bremerton and Connections Credit COUNCIL MEETING Date: September 3, 2014 Union, Inc. Department: Fire Presenter: Al Duke, Fire Chief Phone: (360) 473-5380 SUMMARY: Connections Credit Union has established its presence in downtown Bremerton at Fire Station #1. The original Credit Union lease was established in 2011 and was renewed again in 2012. This lease agreement is the same terms and conditions except for a 4% increase in the rate and a 3 yearterm. ATTACHMENTS: Lease agreement between the City of Bremerton and Connections Credit Union; with Exhibit A FISCAL IMPACTS (Include Budgeted Amount): This agreement will generate $4,500.00 of revenue plus Lease Hold Excise Tax. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Lease Agreement with Connections Credit Union, Inc; and authorize the Mayor to finalize and execute the lease agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 LEASE This Lease is entered into this day of , 2014,between THE CITY OF BREMERTON, a municipal corporation, (hereinafter referred to as "Lessor"), and CONNECTION CREDIT UNION,INC., a not for profit corporation, (hereinafter referred to as "Lessee"). WHEREAS,Lessor and Lessee desire to enter into a lease Agreement on September 1,2011 ("Lease Agreement") for certain real property,building and improvements identified herein; and NOW, THEREFORE, for valuable consideration and by mutual consent of the parties, present this Lease Agreement as follows: 1. PREMISES. Lessor does,by these presence, owns a building and appurtenances ("Improvements") situated upon real property commonly known as the Bremerton Fire Station No.I located at 911 Park Avenue, Bremerton, Washington and more particularly set forth in Exhibit A attached hereto and incorporated by reference (hereinafter collectively the "Premises"). The existing building consists of approximately 12,500 square feet of floor area. The proposed use to the existing building will consist of approximately 72 square feet of floor area. In addition, Lessee may schedule access to and use of common areas of the property such as kitchen area, conference room and training room identified on Exhibit A. 2. TERM. This Lease shall commence on September 1, 2014("Commencement Date") and shall end on August 31, 2017,unless otherwise extended or terminated. Either party may terminate this lease at any time with sixty(60) days prior written notice. 3. CONSIDERATION. (a) Lease Payment. In addition to other consideration of this Lease, Lessee agrees to pay Lessor, without notice or demand, the sum of three hundred and sixty dollars (375.00)per month("Lease Payment")which is inclusive of utility costs, in advance, on or before the first day of the first full calendar month of the term hereof and a like sum on or before the first day of each and every successive calendar month thereafter during the term hereof. Effective September 1, 2015, and September 1, 2016 the lease will be increased based upon 100% of the Seattle/Tacoma/Bremerton CPI-W. In addition Lessee is responsible for paying Lease Hold Excise Tax as set forth in Subsection(b) below. (b) Leasehold Excise Tax. In addition to the Lease Payment, Lessee shall pay a leasehold excise tax,pursuant to RCW 82.29A.030, on all Lease Payment amounts paid to the City, currently in the amount of 12.84 percent of the base Lease Payment and as may be adjusted pursuant to Chapter 82.29A RCW. Lessee shall pay the Leasehold tax with the monthly payment. 1 Connection Credit Union (c) Overdue Lease Payment. Unpaid installments of the Monthly Lease Payment or other sums due hereunder shall, if not timely paid,be subject to a late charge of Fifty and No/100 Dollars($50.00)to cover the excess costs of administration and shall bear interest from the date due of 12 percent(12%)until all Lease Payments and interest have been paid in full. Lessee hereby further agrees to pay any attorneys'fees and expenses incurred by Lessor by reason of Lessee's failure to pay Monthly Lease Payment or other charges when due hereunder. (d) Holding Over. If Lessee remains in possession of the Premises or any part thereof after the expiration of the term of this Lease without the express written consent of Lessor, such occupancy shall be a tenancy from month-to-month at a rate in the amount of 120% of the last Monthly Lease Payment,plus all other applicable charges and payable hereunder, and upon all the terms hereof applicable to a month-to-month tenancy. 4. USE OF PREMISES. (a) Lessee's use and occupancy of the Premises shall be for an office or for banking purposes, as well as use of the Premises needed to conduct the Lessee's corporate activities.No other use shall be allowed without the express written consent of the Lessor. (b) Lessee shall have access to the parking lot of the property for its employees and members usage as identified in Exhibit A. (c) Lessee shall not use said Premises or any part thereof for any illegal purpose. Lessee agrees to conform to municipal, county, and state codes, statutes, ordinances, and regulations concerning the use and occupation of said Premises. Lessee shall maintain the Premises in substantial conformance with all applicable provisions of municipal, county, and state codes, statutes, ordinances, and regulations governing maintenance or operation of such Premises. Lessee shall, at its sole cost,promptly comply with all such laws and governmental rules. Lessee shall not commit or allow to be committed any hazardous waste in or upon the Premises. (d) At the expiration of the agreement Lessee shall: (i)remove all trade fixtures and personal property from the Premises; (ii)remove all fixtures, additions, alterations, modifications or other improvements installed in or made to the Premises after commencement of the Term by, through, at the request of or on behalf of Lessee and restore the Premises as they existed immediately prior to the making of improvements so removed;provided that Lessee shall not be required to so remove any improvements for which Lessor agreed in writing prior to the time said improvements were installed, that they would not need to be removed at the end of the Term; and (iii) surrender the Premises to Lessor in as good condition and state of repair as Lessor is required to keep and maintain them pursuant to the Lease,reasonable wear and tear expected. If Lessee fails to remove any Improvements or restore the Premises pursuant to Subsection(d)(ii) above as directed by Lessor, within fifteen(15)days after receipt of written notice from Lessor,Lessor may, at Lessee sole risk and expense,perform such removal or restoration(by contract or otherwise)by the most expeditious means available to Lessor. Lessee shall reimburse Lessor for costs and expenses incurred by Lessor to accomplish such removal and restoration. Further, if Lessee fails to remove all personal property from the premises upon 2 Connection Credit Union the expiration of the term, Lessor by remove and store such property in any place selected by Lessor at the sole risk and expense of the Lessee. ACKNOWLEDGEMENT OF LESSEE REGARDING USE OF PREMISES: Lessee agrees and understands that the premises subject to this lease is a public facility used for emergency response purposes. As such,the Lessee acknowledges that any and all disturbances, including noise, smell, etc. created or as a consequence of the City of Bremerton Fire Department's use of the premises will not affect the Lessee's quiet enjoyment of the premises. 5. UTILITIES. Lessor agrees to provide and pay all charges for heat, electricity, gas,water, sewer and for all other utilities which shall be used in the Premises during the full term of this Lease;provided, however, that Lessor shall not be responsible for failure of provision of these services if due to causes beyond its control and provided,further, that Lessor shall pay for any such charges as Lessor,in its reasonable discretion,may determine are the consequence of special equipment employed by or special requirements of Lessor. 6. ALTERATIONS AND ADDITIONS. Lessee shall not make or allow to be made any alterations, improvements, or changes to or of the Premises or any party thereof without the prior written consent of Lessor,and all improvements, alterations, or changes so made. With respect to such alterations, improvements or changes to the Premises requested by Lessee, Lessor consent shall not be unreasonably withheld. In the event Lessor consents to the making of any alterations, additions, or improvements to the Premises by Lessee, the same shall be made by Lessee at Lessee's sole cost and expense, the Premises and Lessee's leasehold interest therein shall remain free from any lien of any kind whatsoever, and construction of such alterations, additions or improvements shall be done in compliance with all laws and governmental requirements. 7. MAINTENANCE AND REPAIRS. (a) Lessee's Obligations. By taking possession of the Premises, Lessee shall be deemed to have accepted the Premises as being clean and in good order, condition, and repair. Lessee shall, at Lessee's expense, keep the Premises and every part thereof in good condition and repair(except as hereinafter provided with respect to Lessor obligations set forth in paragraph 7(b)below). Lessee shall, upon the expiration or sooner termination of this Lease, surrender the Premises to Lessor in good condition, clean, excepting only ordinary wear and tear and destruction or damage by such conditions over which Lessee has no control, or such damage as may be due to the failure of Lessor to comply with any covenant herein contained to be performed by Lessor. Damage caused by Lessee's use of the Premises shall be repaired at the sole cost and expense of Lessee. (b) Lessor Obligations. Lessor shall, at Lessor's expense, repair and maintain the structural portions of the Building, including the roof, foundation, bearing and exterior beams and supports, flooring and subflooring,plumbing, pipes, electrical wiring and conduits within 3 Connection Credit Union and serving the premises. There shall be no abatement of Lease Payment and no liability of Lessor by reason of any injury to or interference with Lessee's business arising from the making of any repairs, alterations, or improvements in or to any portion of the Building or the Premises or in or to fixtures, appurtenances, and equipment if Lessor shall have taken every reasonable measure to avoid any such injury and interference. 8. LIENS. Lessee shall keep the Premises, Lessee's leasehold interest therein and the Building and Land on which the Premises are situated free from any liens arising out of any work performed,materials furnished, or obligations incurred by Lessee. 9. INDEMNIFICATION. Lessee shall indemnify, defend and hold Lessor harmless from all loss damage, liability or expense resulting from any injury to any person or any loss of or damage to any property caused by or resulting from any act or omission of Lessee or any officer, agent, employee, guest, invitee or visitor of Lessee in or about the Premises or the Building,but the foregoing provision shall not be construed to make Lessee responsible for injuries to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee or visitor of Lessor. Lessor shall not be liable for any loss or damage to person or property sustained by Lessee, or other persons, which may be caused by theft or any act of neglect.of any Lessee or occupant of the building, or of any other person, or by any other cause, unless caused by the negligence of Lessor or its officers, licensees, agents, employees, guests, invitees or visitors. 10. LIABILITY INSURANCE. (a) Liability Insurance. Lessee, at its own expense, shall provide and keep in force with companies acceptable to Lessor comprehensive general liability insurance in the amount of not less than One Million Dollars($1,000,000.00)per occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate of such policy within thirty(30) days of the Commencement Date of this Lease and whenever required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name Lessor as an additional insured and shall be primary and noncontributing with any insurance carried by Lessor. The policy shall further provide that it shall not be canceled or altered without twenty(20)days prior written notice to Lessor. 11. PERSONAL PROPERTY. Where furnished by or at the expense of Lessee, all movable property, furniture, furnishings and trade fixtures, other than those affixed to the Premises so that they cannot be removed without material damage, shall remain the property of and be removable by Lessee, and in case of damage by reason of such removal, Lessee shall restore the Premises, Building or common areas to good order and condition. Lessee shall pay or cause to be paid before delinquency any and all taxes levied or assessed and which become payable during the term hereof upon all Lessee's Lessee Improvements, equipment, furniture, fixtures, and other personal property located in the Premises. 4 Connection Credit Union 12. ASSIGNMENT AND SUBLETTING. Lessee shall not either voluntarily or by operation of law assign, transfer,mortgage, pledge hypothecate, or encumber this Lease or any interest therein and shall not sublet the Premises or any part thereof or any right or privilege appurLessee thereto or allow any person(the employees, agents, servants, and invitees of Lessee excepted) to occupy or use the Premises or any portion thereof,without the prior written consent of Lessor,which consent by Lessor shall not be unreasonably withheld. Any such assignment or subletting without compliance with the terms of this paragraph shall be void and shall, at the option of Lessor, constitute a default under the terms of this Lease. If Lessee is a corporation, any transfer of this Lease from Lessee by merger, consolidation, or liquidation or any change in the ownership or power to vote in the majority of the outstanding voting stock of Lessee shall constitute an assignment for purposes of this paragraph. Consent to one assignment, subletting, occupation, or use by any other person shall not be deemed to be a consent to any subsequent assignment, subletting, occupation, or use by another person. Consent to any such assignment or subletting shall in no way relieve Lessee of any liability under this Lease. Lessor may assign the Lease Payment herein provided to any person,partnership, corporation, or bank, and Lessee agrees when notified in writing by the assignee of such assignment to make the Lease Payment payments to assignee under the terms of said assignment. 13. LESSEE'S DEFAULT. The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Lessee. (a) Abandonment. Lessee vacates or abandons the Premises; (b) Failure to Pay Lease Payment. Lessee fails to make any payment of the Lease Payment or any other payment required to be made by Lessee hereunder, as and when due; (c) Failure to Observe Other Covenants. Lessee fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessee where such failure shall continue for a period of thirty(30)days after written notice thereof by Lessor to Lessee;provided, however, that if the nature of Lessee's default is such that more than thirty(30) days are reasonably required for such cure, then Lessee shall not be deemed to be in default if Lessee commences such cure within said thirty(30) days and thereafter, diligently prosecutes such cure to completion; (d) Misrepresentation. Lessee makes or has made or furnishes or has furnished any warranty, representation or statement to Lessor in connection with this Lease, or any other agreement to which Lessee and Lessor are parties,which is or was false or misleading in any material respect when made or furnished; or (e) Insolvency. Lessee shall become insolvent or go into bankruptcy. 14. REMEDIES ON DEFAULT. (a) Termination and Entry. In the event of any default or breach by Lessee, Lessor may, at any time thereafter with or without notice or demand in the exercise of a right or 5 Connection Credit Union remedy which Lessor may have be reason of such default or breach, terminate this Lease by written notice to Lessee, revoke Lessee's right to any free Lease Payment, reenter and take possession of the Premises without termination of this Lease, or pursue any remedy allowed by law. Lessee agrees to pay Lessor the cost of recovering possession of the Premises, the expense of reletting, and any other costs or damages arising out of Lessee's default including,without limitation,the costs of removing persons and property from the Premises,the costs of repairing or altering the Premises for reletting, brokers' commissions, and legal expenses and fees. Notwithstanding any termination, reentry, or reletting, the liability of Lessee for the Lease Payment and Additional Lease Payment for the balance of the term of this Lease shall not be extinguished and Lessee shall pay and Lessor may recover from Lessee at the time of termination, reentry, or reletting, the excess, if any, of the amount of the Lease Payment established in this Lease for the balance of the term hereof over the then reasonable lease value of the Premises for the same period. Reasonable lease value shall mean the amount of lease payment which Lessor does or could reasonably be expected to obtain as lease payment for the remaining balance of the Lease term. In the event that Lessor relets the Premises or any part thereof without first terminating Lessee's right to possession pursuant to this Lease,Lessor reserves the right, at any time thereafter, to elect to terminate Lessee's right to possession to that portion of the Premises for the default that originally resulted in the reletting. (b) Removal of Personal Property. In the event of a retaking of possession of the Premises by Lessor, Lessee shall remove all personal property located thereon and upon failure to do so upon demand of Lessor, Lessor may remove and store the same in any place selected by Lessor, including but not limited to a public warehouse, at the expense and risk of Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for a period of thirty(30)days or more, Lessor may sell any or all of such property at a public or private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the payment of the charges for storage, if any, and thirdly to the payment of any other sums of money which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully reentering and taking possession of the Premises or lawfully removing and storing the property of Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by Lessor thereby,whether such lawful reentry shall be considered or construed to be a forcible entry. (c) Remedies Cumulative. The remedies hereinafter described shall be cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to Lessor under the law or judicial decisions of the State of Washington. 15. LESSOR'S DEFAULT. Lessor fails to observe or perform any of the covenants, conditions, or provisions of this Lease to be observed or performed by Lessor,where such failure shall continue for a period of thirty(30) days after written notice thereof by Lessee to Lessor; provided, however, that if the nature of Lessor's default is such that more than thirty(30) days are reasonably required for such cure, then Lessor shall not be deemed to be in default if Lessor commences such cure within said thirty(30)days and thereafter, diligently prosecutes such cure 6 Connection Credit Union to completion. In the event Lessor fails to cure such default, Lessee may, at any time thereafter, terminate this Lease by written notice to Lessor. Lessee may also seek any other remedy provided by law. 16. HAZARDOUS SUBSTANCES.Lessee shall not generate, release, spill, store, deposit, transport, or dispose of(collectively "Release") any hazardous substances, sewage, petroleum products, hydrocarbons,radioactive substances, medicinal,bacteriological, or disease- producing substances,hazardous materials,toxic substances or any pollutants or substances defined as hazardous or toxic in accordance with applicable federal, state, and local laws and regulations ("Hazardous Substances") in, on or about the Premises. Lessee shall indemnify, defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any way related to the Release by Lessee, or any of its agents, representatives, or employees, or the presence of such Hazardous Substances in,on or about the Premises occurring at any time after the Commencement Date and arising out of the activities of Lessee, or any of its agents, representatives or employees. The provisions of this paragraph shall survive termination or expiration of this Lease. 17. GENERAL PROVISIONS. Lessor and Lessee agree to the following general provisions: (a) Waiver. No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed,kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept and observed by the other party. The subsequent acceptance of Lease Payment hereunder by Lessor shall not be deemed to be a waiver of any preceding default by Lessee of any term, covenant, or condition of this Lease other than the failure of Lessee to pay the particular Lease Payment so accepted, regardless of Lessor's knowledge of such preceding default at the time of the acceptance of such Lease Payment. (b) Time. Time is of the essence of this Lease and each and all of its provisions in which performance is a factor. (c) Paragraph Headings. The paragraph or section headings of this Lease are not a part of this Lease and shall have no effect upon the construction or interpretation of any part hereof. (d) Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to bind the heirs, successors, executors, administrators, and assigns of the parties hereto. (e) Recordation. Neither Lessor nor Lessee shall record this Lease,but a short form memorandum hereof may be recorded at the request of Lessor. (f) Quiet Possession. Upon Lessee paying the Lease Payment reserved hereunder and performing all of the covenants, conditions, and provisions on Lessee's part to be observed and performed hereunder,Lessee shall have quiet possession of the Premises for the 7 Connection Credit Union entire term hereof, subject to all the provisions of this Lease. The Premises are leased subject to any and all existing encumbrances, conditions, rights, covenants, easements,restrictions,rights- of-way, and any matters of record,applicable zoning and building laws, and such matters as may be disclosed by inspection or survey. (g) Prior Agreements. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease and no prior agreements or understandings pertaining to any such matters shall be effective for any purpose. No provision of this Lease may be amended or added to except by agreement in writing signed by the parties hereto or their respective successors in interest. This Lease shall not be effective or binding upon any party until fully executed by both parties hereto. (h) Inability to Perform. The time period within which any party is to fulfill an obligation of such the party under this Lease shall be extended by such time period that any party is unable to fulfill any of its obligations hereunder or is delayed in doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of such party. (i) Severability. Any provisions of this Lease which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof and such other provision shall remain in full force and effect. 0) Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall whenever possible be cumulative with all other remedies at law or in equity. (k) Choice of Law. This Lease shall be construed under all of the applicable laws, statutes, ordinances,rules and regulations of the United States, the State of Washington, County of Kitsap, and the City of Bremerton. In the case of a dispute between the parties, venue over such dispute shall be with the Superior Court of Kitsap County, Washington. (1) Execution. This Lease may be executed in several counterparts, each of which shall be deemed an original instrument. (m) Notices. All notices to be given hereunder shall be in writing and shall be personally delivered and receipt acknowledged, sent by United States certified mail,return receipt requested, sent by facsimile, with original delivered within three(3) days, or sent by overnight delivery through public or private service, delivery charge prepaid, and addressed to the party at the respective mailing address as herein set forth. To Lessor: Fire Chief City of Bremerton 911 Park Avenue Bremerton,WA 98337 To Lessee: Connection Credit Union. P.O. Box 3990 Silverdale,WA 98383 8 Connection Credit Union It is understood that each party may change the address to which notice may be sent by giving a written notice of such change to the other party hereto in the manner herein provided. (n) Lessee's Corporate Authority. Lessee is a Washington corporation, and each individual executing this Lease on behalf of said corporation represents and warrants that he or she is duly authorized to execute and deliver this Lease on behalf of said corporation, in accordance with a duly adopted resolution of the board of directors of said corporation or in accordance with the bylaws of said corporation, and that this Lease is binding upon said corporation in accordance with its terms. Lessee further represents and warrants that it is fully registered and qualified to do business in the State of Washington. IN WITNESS WHEREOF,the parties hereto have executed this Lease the day and year first above written. LESSOR LESSEE CITY OF BREMERTON CONNECTION CREDIT UNION By: Patty Lent By: Its: Mayor Its: (Notary Acknowledgements on next page) 9 Connection Credit Union STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Patty Lent is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument, and acknowledged it as the Mayor of the City of Bremerton to be the free and voluntary act of such City for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument, and acknowledged it as the of Connection Credit Union to be the free and voluntary act of such Corporation for the uses and purposes mentioned in the instrument. DATED: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires R:\Legal\Legal\Contracts\FIRE\Building Lease-Connection Credit Union 2014-2017.doc 10 Connection Credit Union EXHIBIT "A" � z MECHANICAL MBZZ. EXIT KITC EN EXIT OW�� STORAGE EXIT MEZZ. O APPARATUS BAY Tnil ...... WATCH OFFI[B Eii' EXIT LOBBY LEGEND rMT EXIT c Sole Credit Union Use M a Joint Scheduled Use o' a 0 AGENDA BILL 56 CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Change Order No. 3 to Contract Study Session Date: August 27, 2014 with Pivetta Brothers Construction, Inc. for COUNCIL MEETING Date: September 3, 2014 Evergreen Rotary Park Renovation Project Department: Parks and Recreation Presenter: Wyn Birkenthal Phone: 473-5752 SUMMARY: On July 10th the city was awarded a $40,000 no match grant from the WA State Department of Ecology allowing Parks and Recreation to irrigate the Evergreen Park parking lot planting islands and perform other work essential to the operational efficiency ofithe Evergreen Rotary Park Renovation Project. On August 6th Council approved Change Order No. 2 with Pivetta Brothers Construction, Inc. in the amount of $14,098.39 to perform portions of this work. Meanwhile, in the course of preparing the western most parking lot planting islands for irrigation city crews encountered an underground obstruction blocking progress of the city's small bore tunneling equipment. The recommended remedy is to have the contractor (Pivetta Brothers) excavate through the obstruction, install irrigation sleeving and patch the disturbed parking lot asphalt. The Parks Department seeks the authority to increase the Pivetta Brothers contract by$5,473.04 to accomplish this work, referred to as Change Order No. 3. The cost of Change Order No. 3 will be paid for by the no match, $40,000 Department of Ecology grant. The original Pivetta Brothers Evergreen Rotary Park Renovation Contract is $104,899.52. The amended Contract amount including the cost of Change Orders No. 1, No. 2 and No. 3 totals $138,143.83. ATTACHMENTS: Change Order No. 3 Pivetta Brothers Construction Contract FISCAL IMPACTS (Include Budgeted Amount): Change Order funded by DOE grant, Operational impact eliminates the need to hand water the western most parking lot planters. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: Z Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Change Order No. 3 in the amount of$5,473.04 to the Contract with Pivetta Brothers Construction, Inc. for Evergreen Rotary Park Renovations and authorize the Mayor to finalize and execute the change order with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Attachment A CITY OF BREMERTON CHANGE ORDER CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Evergreen Rotary Park Renovation PROJECT NO: 59148 CONTRACTOR: Pivetta Brothers Construction, Inc. ORIGINAL CONTRACT AMOUNT: $104,899.52 DAYS: 15 PREVIOUSLY APPROVED CHANGES: $27,771.27 DAYS: 15 THIS CHANGE: $5,473.04 DAYS: 0 REVISED CONTRACT AMOUNT: $138,143.83 DAYS: 30 This Change Order covers changes to the subject contract as described herein. The Contractor shall construct, furnish equipment and materials, and perform all work as necessary or required to complete the Change Order Items. The increase or decrease in contract price shown below includes any applicable taxes. DESCRIPTION OF CHANGES INCREASE (DECREASE)IN CONTRACT IN CONTRACT TIME ~ CONTRACT AMOUNT EXTENSION r- °' AMOUNT ($) (DAYS) ($) X 1 Work Change Directive#14 $4,035.00 0 0 Irrigation sleeving at west end of parking lot including sawcut& removal of asphalt including 3'x4'area impacted by boring, installation of 4"Schedule 40 PVC,backfill&replace HMA. X 2 Work Change Directive#15 $1,000.00 0 0 Contingency for incidental work if necessary. Subtotal of Change Order: $5,035.00 8.7%Sales Tax $438.04 Total of Change Order $5,473.04 NET CHANGE IN CONTRACT AMOUNT $5,473.04 INCREASE OR(DECREASE) Contractor acknowledges and accepts that this Change Order constitutes final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Change Order, including, without limitation, claims related to contract time, on-site or home office overhead, or lost profits. Nothing in this Change Order shall limit the City's right to bring a claim for past performance. The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the contract price specified for each item, including any and all supervision costs and other miscellaneous costs relating to the change in work, and as to the extension of time allowed, if any,for completion of the entire work due to said Change Order. CONTRACT CHANGE ORDER NO: 3 PROJECT NAME: Evergreen Rotary Park Renovation This document will become a supplement of the contract and all provisions will apply hereto. It is understood that this Change Order shall be effective when approved by the City of Bremerton. The parties whose names appear below warrant that they are authorized to enter into a change order that is binding on the parties of this contract. In addition, Contractor warrants that it has or will inform the surety of this change, and shall take appropriate action to modify any bonds required under the contract to address this change. RECOMMENDED: PROJECT MANAGER Date RECOMMENDED: PARKS DIRECTOR Date ACCEPTED: CONTRACTOR Date APPROVED: MAYOR Date APPROVED AS TO FORM: ATTEST: Bremerton City Attorney City Clerk Page 2 of 2 CONTRACT (Page 1uf4) THIS AGREEMENT iadated the —day of in the year 20l4 by and between the City of Bremerton (hereinafter called CITY) and" 9ivetta Brothers Construction, Inc. --- (hereinafter called CONTRACTOR|). CITY and CONTRACTOR, in consideration of the Mutual covenants hereinafter set forth, agree as follows: ARTICLE 1. WORK. CONTRACTOR shall oonnp|eba the \KK]RK as specified or indicated in the [|\TY's Contract Documents entitled EVERGREEN ROTARY PARK RENOVATION. ARTICLE 2' CONTRACT TIMES. The \8K]RK ahoU obtain Physical Completion within 15 working days after the connnnenoennent date stated in the Notice to Proceed. Time is ofthe essence asto each and every deadline set forth inthis agreement. This provision has been specifically negotiated. ARTICLE 3' LIQUIDATED 0AQOA{SES' CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and that the CITY will suffer financial |000 if the VVOFlK is not completed within the time specified in Adio(m 2 herein, plus any extensions thereof allowed /n accordance with Section 1-08.8 of the Standard Specifications which may be modified by the Special Provisions. They also recognize the delays, expenae, and difficulties involved in proving in m legal proceeding the actual loss suffered by the CITY if the VVC/FlK is not nonnp/aded on time. Acnonding|y, instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated damages in the amount of$1,000 per day after the date ofPhysical Completion for each phase. ARTICLE 4. CONTRACT PRICE. CITY aho|| pay CONTRACTOR for completion of the WORK in accordance with the Contract Documents in the amount set forth in the Bid Proposal,which shall include sales tax as provided in Section 1-O7.2(2) ofthe Special Provisions. ARTICLE 5' PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of the Standard Specifications which may beOnodifi8dbythe Special Provisions.Applications for Payment will e,7 .Jssed byENGINEER oe provided inthe Special Provisions Co"nt�Acto* r Initials City ofBremaxvo ADm2ur* Eve mreengo"aw Ra;*RenovaXonncy'a-d' 1-27 Cop-tram oonmactcomp/,:n's CONTRACT (Page 2 of 4) ARTICLE 6. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between CITY and CONTRACTOR concerning the WORK consist of this Contract and the following attachments to this Contract: • Notice Inviting Bids, ® Bidders Checklist, ® Bid Proposal including the Proposal'Forms, Information Required of Bidder, Bid Bond, and all required certificates and affidavits, • Performance Bond, • Payment Bond, • Standard Specifications, • Amendments to the Standard Specifications, ® Special Provisions, ® Appendices ® Contract Plans, • Addenda numbers to , inclusive. • Change Orders which may be delivered or issued after Effective Date of the Agreement and are not attached hereto. There are no.Contract Documents other than those listed in this Article 6. The Contract Documents may only be amended by Change Order as provided in Section 1-04.4 of the Standard Specifications which may be modified by the Special Provisions. ARTICLE 7. INDEMNIFICATION. The CONTRACTOR and CITY acknowledge and agree that they have negotiated the following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR specifically waives his immunity under industrial insurance under Title 51 RCW. To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify, defend, and hold harmless the CITY, ENGINEER, their consultants, subconsultants, and the officers, directors; employees, and agents of each and any of them, against and from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, all claims and liability arising under, by reason of, related, or incidental to the Contract Documents or any performance of the WORK, but not from the sole negligence or willful misconduct of the CITY and/or the ENGINEER as further defined in the Co rac ocuments. The provisions.of this section shall survive the termination of the contract. C tr ctor Initials City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-28 Contract Contract Documents CONTRACT (Page 3of4) ARTICLE 8. ASSIGNMENT No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may benVmne due and monies that are due may not bm assigned without such consent(except hzthe extent that the effect ofthis restriction may b8limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under the Contract Documents. The CITY, in its sole discretion, may refuse to allow the CONTRACTOR to assign any or all of its dutieo, rights and/or responsibilities under the Agreement, except with regards 'to on assignment of funds for security purposes. In the case of an assignment for security purposes the CITY may condition its approval to the extent it deems necessary to assure that there will be adequate funds to complete the WORK and to pay a subcontractors and suppliers. ARTICLE 9, DAVIS BACON AND RELATED ACTS Bidder shall comply with the requirements ofthe Davis-Bacon and related acts(DBRA)as outlined in 29 CFR parts 1-7 when the contract for construction, alteration, and or repair exceeds $2,000, is federally assisted, and involves the employment oflaborers and/or mechanics to perform the work. CITY and CONTRACTOR each binds itself, its padnere, auocammons, assigns and legal representatives to the other party hereto,its partners,successors,assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. INWITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement toboexecuted the day and year first above written. �ive��a 8zo�bero Coua�^ Inc. CITY : CONTRACTOR By By tklc�l R [CORPORATE SEAL] Attest Attest Address forgiving notices Address for giving notices PO Box 370 Sumner, W& 08390 License No. PZVEI8C063B9 City o/-premomr Avwxu/4 �,nnomnn*u�n/Pa*Rono,yocnpn�iec/ 1-2e conoacr Con�rpmoonums/,rs CONTRACT (Page 4 of 4) Approved as to Form: Agent for service of process: (Signature) (Title) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-30 Contract Contract Documents CONTRACT CERTIFICATE (�-�`/�-7- /`� (if Corporation) STATE Oti" ) Ss. COUNTY OF ) 1 HEREBY CERTIFY that'a meeting of the Board of Directors of the Pivetta Brothers Construction, Inc. a corporation existing under the laws of the State of Washington , held on 11� 14 , the following resolution was duly passed and adopted: "RESOLVED, that Nark Pivetta as President of the Corporation, be and is hereby authorized to execute the Agreement dated V1 r = 20 1 , by and between this Corporation and the City of Bremerton and that his/her execution thereof, attested by the Secretary of this Corporation, and with the Corporate Seal affixed, shall be the official act and deed of this Corporation." 1 further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the corporation this , day of r 20 14 (Secretary) (SEAL) City of Bremerton April 2014 Evoi yi-een Fath. Project 1-.31 Con-fmct C3rhfic8tp Cortrad DOCLI!-17C!-,tS CONTRACT CERTIFICATE (if Limited Liability Company) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Members of the a Limited Liability Company existing under the laws of the State of held on , 20the following resolution was duly passed and adopted: "RESOLVED, that and , as Members of this Limited Liability Company, be and are hereby authorized to execute the Agreement dated . 20 , to the City of Bremerton by this Limited Liability Company and that their execution thereof shall be the official act and deed of this Limited Liability Company." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of A Limited Liability Company By: Member By: _ Member (SEAL) City of Bremerton April 2014 Evergreen Rotary Park Renovation Project !-32 Contract Cerfiflcate Contract Documents CONTRACT CERTIFICATE (if Partnership) STATE OF } ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Partners of the a partnership existing under the laws of the State of held on , 20 the following resolution was duly passed and adopted: "RESOLVED, that , as of the Partnership, be and is hereby authorized to execute the Agreement dated 20_, by and between this Partnership and the City of Bremerton and that his/her execution thereof attested by the, shall be the official act and deed of this Partnership." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day of 20 Partner (SEAL) City of 3rernn!Con Aord 2014 Evaq,,re�sn i ct2ry f'�:J'i!I�E;i!_',�',�1;t;ii Y`!GjCC[� f-..32 C 17f�-`,art(-,e i WicaIa COW act Doc,; lents CONTRACT CERTIFICATE (if Joint Venture) STATE OF ) ) ss. COUNTY OF ) I HEREBY CERTIFY that a meeting of the Principals of the a joint venture existing under the laws of the State of held on 120 the following resolution was duly passed and adopted: "RESOLVED, that , as of the Joint Venture, be and is hereby authorized to execute the Agreement dated 20_, by and between this joint venture and the City of Bremerton and that his/her execution thereof attested by the shall be the official act and deed of this Joint Venture." I further certify that said resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this_, day of , 20_ Managing Partner (SEAL) END OF AGREEMENT City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-34 Contract Certificate Contract Documents Bond No.528CSGM2570 PERFORMANCE BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Fivetta_Brothers Construction.Inc _ as CONTRACTOR, and___HaWord Fire Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called"OWNER,"in the.sum of One Hundred Four Thousand Eight Hundred Ninety Nine and 52!100---(5104,899.52) dollars, for the payment of which sum,well and truly to be made, we bind ourselves, our heirs, executors, administrators,successors, and assigns,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed Agreement with said OWNER to perform the WORK as specified or Indicated in the Contract Documents entitled "City of Bremerton.Department of Parks and Recreation, Evergreen Rotary Park Renovation";now,therefore, In the event CONTRACTOR,fails to timely or properly perform any of the requirements of the Contract Documents at the times and in the manner contained therein, the Surety shall be liable under this bond up to the amount of the bond for the full amount of the OWNER's expenses to construct or repair all work as well as all loss,cost, expense or damage suffered by the OWNER in excess of the Contract amount due to the CONTRACTOR'S failure to comply with any contract or permit conditions or other applicable laws and regulations. The Surety agrees that within 30 calendar days of receiving notice that the OWNER has declared a CONTRACTOR default and formally terminated the CONTRACTOR'S right to complete the Contract pursuant to its terms and conditions and that the CONTRACTOR has defaulted on all or part of the terms guaranteed by this bond,the Surety shall either: 1. Notify the OWNER in writing of its intent to cure the default itself within a reasonable period of time acceptable to the OWNER.The OWNER agrees to pay the balance of the Contract price to the Surety in accordance with the terms of the Contract,or 2, Tender to the OWNER the demanded sum, up to the amount of the bond. However, if the amount necessary for the OWNER to cure the default is less than the amount tendered,the OWNER will return, without interest,any overpayment to the Surety. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents,shall not in any way release said CONTRACTOR or said Surety hereunder, nor shall any extensions of time granted under the provisions of said Contract Documents, release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the Agreement is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City for all costs and expenses,(including, but not limited to fees and charges of engineers,architects,attorneys,and other professionals,and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Brcrrerton April 2014 Evergreen,Rolary Park Renovation Project 1-35 Perfonnanco Bond Contract Documents PERFORMANCE BOND (Page 2 of 2) The CONTRACTOR hereby agrees that the CONTRACTOR'S obligation to perform the required work is not limited to the amount of funds held by the Surety.This bond is irrevocable and cannot be canceled by the Surety or the CONTRACTOR. This bond shall remain in full force and effect for a period of one(1)year following final acceptance of the project by the City, and until the bond is released in writing by the OWNER at the written request of the Surety or CONTRACTOR. IN WITNESS WHEREOF, we have hereunder set our hands and seals thist �� day ofd c: ,20—LY (SEAL) (SEAL) Pivetta Brothers Construction,Inc. Hartiord Fire Insurance Company /A ( ON CT (S e ) By: By. Signature and SEAL) (Sig re an SEAL) (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURETY) Dari Jakielski,Attorney-In-Fact Address of Surety to which all notices shall be sent: 520 Pike Tower,Suite 900 _Seattle.WA 908101 Address of Surety for service of process: Same as above (must be a physical address) City cf 8remerlon April 2014 Evergreen Rotary Park Renovation Project 1-36 Performance Bond Contrast Documents Bond No.52BCSGM2570 PAYMENT BOND (Page 1 of 2) KNOW ALL MEN BY THESE PRESENTS, That Pivetta Brothers Construction,Inc. as CONTRACTOR, and Hartford Fire Insurance Company as Surety, are held and firmly bound unto City of Bremerton hereinafter called "OWNER.," in the sum of One Hundred Four Thousand Eight Hundred Ninety Nine and 52i100-----(S104,899.52) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs;executors, administrators, successors,and assigns,jointly and severally,firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that said CONTRACTOR has been awarded and is about to enter into the annexed CONTRACT with said OWNER to perform the WORK as specified or indicated in the Contract Documents entitled "City of Bremerton Department of Parks and Recreation, Evergreen Rotary Park Renovation";now,therefore, If said CONTRACTOR,or subcontractor,fails to pay for any materials,equipment,or other supplies, or for rental of same,used in connection with the performance of work contracted to be done,or for amounts due under applicable State law for any work or labor thereon, said Surety will pay for the same in an amount not exceeding the sum specified above, and,in the event suit is brought upon this bond,reasonable attorney's fees to be fixed by the court.Th Is bond shall inure to the benefit of any persons,companies,or corporations entitled to file claims under applicable State law so as to give a right of action to them or their assigns in any suit brought upon this bond. PROVIDED, that any alterations in the WORK to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract Documents, shall not in any way release said CONTRACTOR or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract Documents release either said CONTRACTOR or said Surety, and notice of such alterations or extensions of the CONTRACT is hereby waived by said Surety. The obligation of the Surety shall include reimbursing the City of all costs and expenses,(Including, but not limited to fee and charges of engineers, architects, attorneys,and other professionals,and court costs if litigation is commenced) incurred by the OWNER in enforcing the provisions of this Bond. City of Bremerton April 2014 Evergreen Rotary Park Renovation Project 1-37 Payr;ant Rond Contract Documents PAYMENT BOND (Page 2 of 2) IN WITNESS WHEREOF, we have hereunder set our hands and seals this '�14 day ofd- ., -. , 2014. -- .. Pivetta Brothers Construction,Inc. Hartford Fire Insurance Company (Surg By: By: i°( - `Z Sigt ure and SEAL) (Sign a and SEAL) Darle akielski,Attorney-In-Fact (SEAL AND NOTARIAL ACKNOWLEDGEMENT OF SURE'T'Y) Address of Surety to which all notices shall be sent: 520 Pike Towler,Suite 900 --Seaft WA 98101 Address of Surety for service of process: Same as above (must be a physical address) City of emmnf fon April 2014 Evergreen Rotary Park Renovation Project 1.38 Payment Bond Contract.Dminisn(S Direct Inquiries/Claims to: P R F TTORN �On HARTFORD T-4 OnHartford Plaza Hartford,Connecticut 06155 ca0:888-266-3488 or fax.860-767-5835) KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code:52-81'1010 Hartford Fire insurance Company,a corporation duly organized under the latus of the State of Connecticut Hartford Casualty Insurance Company,a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company,a corporation duly organized under the latus of the Slate of Connecticut ® Hartford Underwriters Insurance Company,a corporation duty organized under the latus of the State of Connecticut Twin City Fire Insurance Company,a corporation duly organized under the laws of the State of Indiana ® Hartford Insurance Company of Illinois,a corporation duly organized under the taws of the State of Illinois ® Hartford insurance Company of the Midwest,a corporation duly organized under the lags of the State of Indiana ® Hartford insurance Company of the Southeast,a corporation!fitly organized under the laws of the State of Florida having their home office In Hartford, Connecticut(hereinafter collectively referred to as the"Companies")do hereby make,constitute and appoint, up to tfte amount of Unlimited Steven K. Bush, Brandon K. Bush, Jim W. Doyle, Chad M. Epple, Julie M. Glover, Darlene Jakielski, Jim S. Kuich, Theresa A. Lamb, Michael A. Murphy, Nancy J. Osborne, Andy D. Prill, S.M. Scott, Steve Wagner of BOTHELL, Washington their true and lawful Attorney(s)-in-Fact,each in their separate capacity if more than one is named above,to sign its narne as surety(ies)only as delineated above by®,and to execute,seal and acknowledge any and all bonds,undertakings,contracts and other written instruments in the nature thereof,on behalf of the Companies in their business of guaranteeing the fidelity of persons,guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on August 1, 2009, the Companies have caused these presents to be signed by its Vice President and its corporate seals to be hereto affixed,duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies,the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. q •al+l�kY�A - ��4:0�11P'trio � ��!Rd.�i::z �^` a..er m a 9 i r 4 s. � r ? ♦ e '' r to,7 ,a r 5,gG79 79'!1 ♦ F \'iy:�=�� •� �+rA L464 ♦ } �^.ft t,x'i,5m f<P,LFb• J� Wesley W.Cowling,Assistant Secretary M.Ross Fisher, Vice President STATE OF CONNECTICUT COUNTY OF HARTFORD SS. Hartford On this 12th day of July,2012,before me personally came M.Ross Fisher,to me known,who being by me duly sworn,did depose and say,that he resides in the County of Hartford,State of Connecticut;that he is the Vice President of the Companies,the corporations described in and which executed the above instrument;that he knows the seals of the said corporations;that the seals affixed to the said instrument are such corporate seals;that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. /Jil�t/� '•`-4 • ♦ `.Cr.CC.hX-ZCti' ,�.� �IrCCv'Y�J..1viL.. i Kathleen 1'.Maynard CERTIFICATE Votary Public My Camriussion Expires July 31,2016 1,the undersigned,Vice President of the Companies,DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of /31a it 1 a Ll Signed and sealed at the City of Hartford. ILmo�`. -l meq-.'a,.,� p`y ee'.8 m5!i'',.f'1��Lt^M1otaFt".tDIe.iF.r.n..f.`ri4e,�i..'< M1i�t`�alMM!' � `�U dn•,+&.�t.sy`Y3y.ft)�:£r i4,4ssl 10 Gary )1r:�;t`iIa:i.Fffif` ..„.; \..`- _ aRi \y'.q�'� • ,g11F ":y"�•s;�r,i06' t..^'�t < p Gary'Al.Stuintper,`Dice President PDA'_01? ATTORNEY-IN-FACT ACKNOWLEDGEMENT STATE OF WnchiprtcIn COUNTY OF King On this day of L77t',-z before me, the undersigned,a Notary Public in and for the said State,personally appeared Darlene Jakielski known to me to be the Attorney-In-Fact for Hartford Fire Insurance Company whose name is subscribed to the within instrument and acknowledged to me that he/she/they executed the same. NOTARY PUBLIC Julie M. Glover My commission expires 9/21/15 M G 6 Ile WN NOTARY PUBLIC ho -* Q) *fcx P, - A- op � ate;,.,.• � _ - ^-a- �� '''�' -,-. - "�' -•,:•. r� 1. '' � ►' � t �.4,• � .. 1',;� '':�ti� ' � SWC• < � � `-cL .. � 'i•i. I `\ .*. •, 1 Ir1 r � n Saturday, September 27Y 2014 ( Every 4th Saturday) 10@000 AM Meet up at the dock Point of Contact: Rick at (360) 373-0282 ti OF Saturday, Sep27, 2014 H a orb o r-s 'l.dw • l ece _otic � }�c � r L . .tia}� r�0111 � -C ;_ � �'1 * Pyogranl starts at 64-rill • $50 -Pc.r Pci-s011 / $400 -pey table of S (Parklrtg "Ls -1-ticluded tkisyear!) 7o RS,V1' ca -360-479-1-3853 air ��(.) Hab*lt:at Hu ani y") of K tsa p County PUGET SOUNDKEEPER® Free Water Monitoring ALLIANCE Training Presented by: Puget Soundkeeper Alliance Sponsored by: Chico Creek Taskforce Date: Monday, September 8J Time: 4:30 to 6:00 PM u SOUNDK Location: T 1 :x Bremerton Collective Visions Art Gallery 331 Pacific Avenue (Basement Room) `�:.;q�; ' `{ H �-T, tit Please RSVP to Bob Dollar at (360) 627-7667; or Jack Stanfill at 360 850-3733 p f ► Be art o the solution. •: "� , � y IV E C•K" f` ,� J 4 � i l• 44 5 r LL-`f. �, , 1 I { _ �--Z--i-�- _ r� � 'moi}. •"�',Y —1._ _L Paso), AepunS. b-Oi PiupanuuSk 5-Ox Aup!ajeo% pasol') 10upsan4.4 5-Ob riupsaupadK S-OA Aupsan,C S-Ot anpuoC A.7 sanoSp City Council President GREG WHEELER invites you to a � Public Meeting � with the Environmental Protection Agency (BPA), Washington State Department of Health, and the City of Bremerton. � to � Tuesday, September 9 Bremerton High School 1500131' St. 5:30 to 8:30 PVI ...................................................................................... Public meeting regarding the testing and clean-up at the Su erfund site located P � between Pennsylvania and Thompson Avenues on Port Washington Narrows. For more infra=tion check the EPA website, 5FzS .....w.......wrw xxauexsrxxs.xxxaaxx.xexxtaaxs (ABA accessible site.) Please contact(360)473-5280forfu Merinformadon. The RU5 i S a'CMPeMdbe laMd use P&NUft _.._. a. . . eft'rt between lccW Savwramerft,and mi ary' ft W=ft tD�. Ote miffor''5.knpact an its Mwrs and ensure coonxw-PAV grawth is.compatible with Mil."OPEM6=W. You are bndted to .. JEFFEMIA COON" ori..—`. i.Lr't� �.'.'!'�.:`. �r�f..../.:.�•! i �.�.�._....--_.._.....,_ _�__ Come learn about the'.JL.�15,hmr eboa Tei:Atm Ownmc-TE +ewr :pniliminary i�ues to addrLS W during ��L .�r:� thestudy and ide rsues*tat ��'�` we ve mi=ecL The.=dy Will irmiude e bncd rhe of tem such as boating �PPSAP C�l1N4Y aetiv aced Sbt�9:5 2��+e4 •water rargm:perimeter at-bitrty nanz�Dicu flr rrr nt near nAiwxy instOatiom development Oeffiter :and popuiiet5on growth inthe region. 345 6h:5t and ffor ry other ices. STeffaMmn.10 A Fo4r mor, - information, the email JLq, or to submit cofnments or queZoas,, •