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Home My WebLink About08/20/2014 AGENDA CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 ***AMENDED*** AUGUST 20, 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. BPD SWEARING IN CEREMONY—Municipal Court Judge James Docter A. Oath of Office—Todd Byers B. Promotion to Sergeant— Ryan Heffernan 4. MAYOR'S REPORT 5. BPD BRIEFING — City of Bremerton Police Chief Steve Strachan 6. KEDA BRIEFING —John Powers, Executive Director, Kitsap Economic Development Alliance 7. PUBLIC RECOGNITION 8. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —August 6, 2014 C. Minutes of Study Session —August 13, 2014 D. Confirm Reappointment of Tony Clements to the Bremerton Housing Authority Board of Commissioners E. Confirm Appointment of Anna Laurie to the Bremerton Housing Authority Board of Commissioners F. Goods and Services Agreement with H.D. Fowler Company for Purchase of Water System Pressure Regulating Valve G. Professional Services Agreement with HDR, Inc. for the Sewer Grit Study and Oyster Bay Sewer Pre-design Report H. Renewal of PackageCARE©Agreement with Ingersoll-Rand Company for Warranty and Maintenance of Fountain Compressors 9. GENERAL BUSINESS A. Consultant Supplemental Agreement for Supplement No. 2 with Gray & Osborne, Inc. for the Lower Wheaton Way(Bridge to Bridge Trail) Project B. Resolution No. 3229 to rename the South Kitsap Industrial Area (SKIA)to the "Puget Sound Industrial Center— Bremerton" C. 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 D. Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners; and 2014 Budget Amendment Continued on back... 10. PUBLIC HEARINGS A. [Quasi-Judicial] Hearing on Resolution No. 3230 to recover fees for abatement costs on the property located at 233 Elm Street B. 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 C. Public Hearing on Ordinance No. 5257 to vacate the south half of Home Street between Winfield Avenue and the alley to the west D. Public Hearing on Ordinance No. 5258 to vacate a portion of Chester Avenue and dedicate Broadway Avenue, both actions between 16th and 18th Streets E. Public Hearing on Ordinance No. 5259 to vacate a portion of the south half of 91h Street between Pitt Avenue and Shore Drive 11. COUNCIL MEMBER REPORTS 12. 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 c- Re-avy)A-.-k 1 po � ' q and �I a WA U t ►c� S— s-an CI�,� t ; os +.J+'� r p� 1(41, ik�l 4�,-v 4 marg •psi IV' PM- (fc an4 AWAW Pavk, REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU • - �A .�^•ti, ...•.•.!...^e'y�• i..l LJt.:' _t.F•+.._�.•..`~1..5!',l�i...y .,�. ^', �c y ,. •... ,-.: .c��. j qtr;,, � Table of Contents + Kitsap County Keeps Pace with Aerospace Industry + Kitsap Economy ✓ Kitsap Aerospace and Defense Alliance (KADA) ✓ Kitsap Economic Development Alliance (KEDA) + Industrial Sites ✓ Kitsap County Industrial Parks ✓ Port of Bremerton Business Park Properties Ground Lease— Bremerton National Airport and Port of Bremerton Olympic View Industrial Park Northeast Campus ✓ South Kitsap Industrial Area (SKIA) SKIA Construction Pro Forma + Transportation ✓ Puget Sound Pacific Transportation Corridor ✓ Bremerton National Airport + Skilled workforce ✓ Kitsap Labor Market Information ✓ Olympic College Certificates Manufacturing Technology— Precision Machining Electronics Composites Manufacturing Technology ✓ WorkSource Center Employer Services + Employer Incentives ✓ Puget Sound Manufacturing Communities Partnership ✓ KEDA's Washington Procurement Technical Assistance Center ✓ Omohundro relocates from Tustin, CA to Port Orchard, WA KtiSSAF' CO�N7y 'I K(TSA AAERDSPACE AND — 57 w SA ti „;t t A N c DEFENSE ALLIANCE k�z� KITSAP AEROSPACE AND DEFENSE ALLIANCE Kitsap County Keeps Pace with Aerospace Industry + Heavy industrial greenfield site -- largest in the Puget Sound Region with adjacent airport ✓ 3,000+acres surrounding Bremerton National Airport ✓ Conceptual plan for 60,000—200,000 SF buildings available ✓ Bremerton National Airport Taxiway and Apron Improvements Project in 2014 ✓ South Kitsap Industrial Area (SKIA) provides sustainable design and development incentives (http://www.ci.bremerton.wa.us/skia/doc/aug12/DesignGuidelinesSKIASubareaPlan.pdf) ✓ 25 miles from Tacoma, 50 miles from Renton ✓ Additional pad ready sites available throughout Kitsap County + Skilled workforce Kitsap's Olympic College (OC) ✓ shares $20 million Air Washington grant (one of 11 community and technical colleges in WA state) develops training in ■ Composites Manufacturing ■ Manufacturing Technology— Precision Machining ■ Electronics ✓ FAA accredited Electronics program as a certified member of the "Technical Operations— Collegiate Training Initiative Program" (TO-CTI)—one of only 44 colleges and universities accredited nationally ✓ Purchased a curing oven and walk-in freezer as well as provided professional development for the Composites faculty and program ✓ Advanced manufacturing experience and training at Olympic College ✓ Accredited mechanical engineering program at Olympic College in cooperation with WSU WorkSource Center ✓ Support services for employers and job seekers ■ For companies: can perform human resources functions such as recruiting and hiring ■ For job seekers: provide job training, counseling, placement Kitsap County Schools ✓ Expanded STEM training and experiences throughout county (see map); highlights include: ■ Central Kitsap School District: aviation classroom experience in February 2014 as part of DoD grant funding ■ Bremerton School District: created a magnet STEM school Defense Sector ✓ Benefit from transfer of skills from the large population of retired and separated military workforce Quality of Life ✓ High retention rate attributed to Kitsap's housing, recreation, healthcare and educational opportunities KITSAP AEROSPACE AND DEFENSE ALLIANCE + Kitsap Attracts ✓ Omohundro, a 50-year old company relocating from Tustin, CA purchased a 41,000 SF facility in Port Orchard, WA ✓ The owners cited workforce, training, ease of permitting, and the welcoming community support as their reasons for selecting Kitsap ✓ In June 2014, company employs 50 FTE and continues growth pattern + Experienced Kitsap Attends Paris Air Show 2013 as Part of Strong Washington State Delegation ✓ KADA representatives set meetings in advance with potential clients, including RUAG ■ Follow up and discussions are moving forward for potential expansion projects ✓ Companies sought KADA representatives out for further details based on the large greenfield availability Kitsap Attends Farnborough Air Show 2014 ✓ KADA representatives are part of Washington State Delegation ✓ Planned meetings with OEMs and suppliers will follow up on 2013 contacts + Innovative Top employer-led advanced manufacturing apprenticeship program in the state and easily replicable + Access To complex supply chain -- Proven success in supplying multifaceted defense sector ✓ Kitsap companies increasing access with new aerospace contracts and certifications To Markets ✓ Close proximity to rail, deep water ports, airfields and interstate highway system in uncongested traffic areas Contact John Powers (powers@kitsapeda.orp 1360.377.9599)or Tim Thomson (timt@wavecable.com/360.509.3087) for additional details on why Kitsap is the best choice for the next aerospace company expansion. www.kitsopaerospace.com Published June 2014 Come to Kitsap 1: 4 Z ;. .� . Washington, USA Your Partner Foo Success Location Livability Located in Washington State, Kitsap County is and Beauty 29 km/18 miles from Seattle and 42 km/26 Kitsap County has miles from Everett. With proximity to a dozen excellent schools, foreign trade zone sites, Kitsap is the entrance low crime rates, to Pacific markets as well as the United States, housing availability Canada and Mexico. and the amenities to make life comfortable. Kitsap residents enjoy the natural beauty of Access mountains and water, all in a mild maritime -- climate. Kitsap County offers excellent ' freight mobility •.- from two highways Workforce and four ferry Kitsap's well-trained routes. Air and rail access are available to and experienced ;� industrial centers. workforce includes over 100,000 people. Our population is growing with new workers Connections ;! moving here every Kitsap County offers month. superior Our largest employer is infrastructure to its the United States Navy. We know employment centers, many with access to state aerospace and defense in Kitsap County highways, rail, highly developed warehousing with major contractors working in this and freight systems as well as excellent industry cluster recognized for excellence broadband access and other amenities required around the world. by industry. Contact: Kitsap County Commissioner Charlotte Garrido 00+1+360-337-7080 cgarrido@co.kitsap.wa.us 18� 57 K'ASHINGTON ECONOMIC Positioned for Prosperity KIISAP DEVELOPMENT ALLIANCE 61 9499 www.kitsapeda.org Fast Facts Population 256,536 Growth Rate 4.7% Median Age 39.5 1 Civilian Labor Force 115,390 Unemployment Rate 6.4% Avg Household income $79,270 Median Home Price $228,000 Average Rent $880 Reg Consumer Price Index 231.407 State Income Tax 0% i Sales Tax 8.6% Land Area 394.94 sq miles Shoreline 256 miles -..--... Photo by Bryan Flynn THE KITSAP STORY Located in the Central Puget Sound, Kitsap County offers all the benefits of the Seattle/Tacoma Market without the grid- lock and high prices. Kitsap ranks high in essential economic development indicators:educational attainment and skilled workforce;development of intellectual property;per capita economic output;and, median household incomes.Our businesses thrive and prosper in a highly competitive market place. • Key industries: maritime,defense,advanced manufacturing, • 3400+industrial zoned acres with airport healthcare,tourism and technology e Muliti-mode access to markets • Most-dense concentration of engineering talent in the Low cost of living/high quality of life Seattle region EmployersLargest ,13) Workforce Trends Naval Base Kitsap Civilian: 16,392 Educational Attainment %of Population 25+ Military: 14,392 Harrison Medical Center 2,442 HIGH SCHOOL DIPLOMA OR EQUIVALENT OR HIGHER Washington State Government 1,746 Central Kitsap School District 1,469 Olympic College 1,206 HOLDS A BACHELORS DEGREE OR HIGHER South Kitsap School District 1,176 Kitsap County 1,124 North Kitsap School District 844 HOLDS AN ADVANCED DEGREE OR HIGHER Port Madison Enterprises 752 Bremerton School District 663 KITSAP COUNTY HOLDS AN ASSOCIATE DEGREE Martha&Mary Health Services 599 UNITED STATES Published January 2014 ECONOMIC KIISAFDEVELOPMENT ALLIANCE KITSAP — POSITIONED FOR PROSPERITY Connected and Competitive Kitsap County's economic prospects, both short and long term, are strong—very strong. My perspective is rooted in Kitsap's legacy of success, and, Kitsap's strategic role in our regional economy. As a business leader, public servant, and economic developer—I've worked in a variety of U.S. markets; and, in communities across Washington State and throughout the Seattle area and Puget Sound region. My multi-market experience underscores my appreciation for the integral role Kitsap County plays in the Central Puget Sound economy—The Seattle Market—one of the most innovative, diverse, competitive, and renowned regional economies in the world. In a nut-shell- here are the reasons I believe our economic future in Kitsap is bright: Well connected to the Western Washington 1-5 Corridor- Kitsap contributes to the overall dynamism and global competiveness of the Seattle regional economy. Kitsap is a recognized leader in several key regional economic sectors: maritime; military; manufacturing; health care; business services;technology; and, tourism. And, Kitsap is home to the most dense concentration of engineering talent in the region. Kitsap County ranks high in essential economic development indicators: educational attainment and skilled workforce; development of intellectual property; per capita economic output; and, median household incomes. Our businesses thrive and prosper in a highly competitive market place. Kitsap presents a compelling case for exceptional value in economic opportunity—in life—in education— in work_in creativity—in re-creation; and, in a bright, healthy, prosperous and sustainable future for generations to come. Take a closer look at Kitsap, and join your peers in building an ever stronger next-gen economy and remarkable place to pursue the life you dream of. I suggest you begin by taking a few moments to preview KEDA's new multi- media outreach project—Kitsap Connected found at kitsapconnected.or and kitsapeda.org I welcome opportunities to speak with your business or organization and brief you on Kitsap's economy; and, its character, composition and many competitive advantages. John Powers Executive Director Kitsap Economic Development Alliance—powers@kitsapeda.org/360 536 0996 360-377-9499 1 4312 Kitsap Way,Suite 103 1 Bremerton,WA 98312 i www.kitsapeda orb I www kitsapconnec.ted org Kitsap County Industrial Parks 1 South Kitsap Industrial Area (SKIA) (Including Olympic View Industrial. Park) , m 2 Port Orchard Airport(Gig Harbor North Industrial Park) 3 Port Orchard Industrial Park 4 West Hills/Wright Creek \ fs 5 Newberry/Dickey/EI Dorado Area t 6 Twelve Trees Business Park / 7 Bond Road Business Parks 1 '` = DgSbn 1oa (Calvary Business Park; Arbor Business Park; Kennedy Business i •••*•* . Park) 8 Port Madison Enterprises Property �� a (Agate Pass Business Park) Q 00� m 9 Day Road Industrial Parks .6 / Isbo 10 Sportsman Park � 3 :: �� I• I Iti U ' `"�,..✓I`� ,305 bridiD , e"!a 1. Island , SeabeCk Newbert i Hill Rd. t; CD ' 303 beck i •. �_ ► •. o •. r • it 1 - •• ••�• Seattle F rt $eabeck 9 1 • • y �� •i vo At • • J It Orchard � Seattle Ferry • • • • Old Belfair gwy For more information,contact the 3 Gorst 16 Kitsap Economic Developmentrth ■■■rr■■■■r, 160 wwwkitsapeda.org or •1 •,•• �a obi Flora � Bremerton 1aKe a 1'; • • National , , - K[ISAPa • • • Airport ullenix Rd N ALLIANCEv l Map provided by the Sun Newspaper `,�" \� � � . y Oil n w , Ja o --- •SST"� q, ��,y . jePunog plied ssauisng :>• � µ z°'� _ © 5 Issa ' 4l� 7•'i.l, —'6KlLd1 ��/� Key � •t' ' .li4R Cnunt l \ Gol(Crni*.r - — ••- Trophy ukc "0 s .R V ;MOLT n,i,C V Bbsiness.Park O B,bundary 3 rn • v 07 rt m�• ( V 0 CBRE, Inc. - Bremerton Nat'l Airport& Port of Bremerton,Industrial (lana), 8850 SW State IIwv 3, ... Don Moody—(253) 596-0045 C R Teresa Patton—(253) 596-0043 Land For Lease Bremerton Nat'l Airport & Port of Bremerton 8850 SW State Hwy 3, Bremerton, WA 98312 _ ............ .. . _. _ _ ..... . . .... ...._....._.......... _ _.... Total Space Available: 661.00 AC Rental Rate. Negotiable Max Contiguous 500 AC Property Type: Land Property Sub-type Industrial(land) Additional Sub-types. Commercial/Other (land) Lot Size 661 AC Listing ID 18059186 Last Updated 28 days ago Find Out More... 1 Lot Available Display Rental Rate as Entered Space Available, 661 AC Space 1 Rental Rate Rental Rate Negotiable Lot Type: Industrial(land) Max.Contiguous: 500 AC Date Available Mar 2013 Description Price:call for information Size. ±661 acres,up to 500 acres,contiguous Property is divisible Zoning:±500&±150 acres-General Industrial and Aviation Business Zoning:±11 acres-Port Industrial Mix Best uses: aviation related or manufacturing development Additional pad ready sites available from±1.10-±1.91 acres Access from Highway 3 Foreign Trade Zone designation Located in the South Kitsap Industrial Area(SKIA) C'B.RE, Inc. - Bremerton Nat'l Airport& Port of Bremerton, Industrial (land), 8850 SW State Hwy 3, ... Map of 8850 SW State Hwy 3, Bremerton, WA 98312 (Kitsap County) pe" xyyy 3 (fir Bremerton National =+i��i ►►► Airport i I s 1 I 250 yds !' frog i=:DLI m;creson Corpo:amm r;'!110\Av 110 i;AN Olympic View Industrial Park Northeast Campus NOW M ,., AVAILABLE. b � i ' 11 Pad—Ready Sites for Easy Development Full Utilities (Storm water, 480V 3PH I Power, Sewer, Water and Gas) Pads Range from 1.10 Acres to 1.91 Acres 'j Fiber Optics and Broad Band Foreign Trade Zone Two Principal Carriers (FedEx and UPS) $12,000/Acre Per Year plus 12.84% LET PORT OF %• ' rr i i• www.portofbremerton.ori 8850 SW State Hwy. 3, Bremerton, WA 98312 phone 360.674.2381 ext#17 1 toll free 880.462.3793 South Kitsap Industrial Area (SKIA) Location and Infrastructure: Located in City of Bremerton, Kitsap County • Close to highway, municipal airport and ferries • Utilities adjacent o Fiber(KPUD) o 3 Phase Power(PSE) o Water(City of Bremerton) o Phone (CenturyLink) o Sewer(Port of Bremerton) o Natural Gas (Cascade Natural Gas) • Zoned industrial; Master Plan designation • 6,000'foot runway at Bremerton National Airport • One of 8 designated Manufacturing/Industrial Centers in the Central Puget Sound (Seattle) Region • SKIA Certified Evergreen Building Permit Fee Rebate Program -- New SKIA Evergreen Certified developments may be eligible for a rebate between 75%and 100%in building permit fees only. • Site sits on WA State Highway3;4 miles to State Highway 16(divided four-lane); Highway 16 connects to 1-5 North and South-bound • Easy access to shipping at Port of Tacoma terminals (45 minutes) • 15 air miles to Boeing Field • Long term land lease negotiated with Port of Bremerton Properties available for sale from private property owners • Full details on SKIA at www.sustainableSKIA.com Land Use Information for this property can be found at: • Bremerton Engineering Department- http://www.ci.bremerton.wa.us/display.php?id=146 o Paul Wandling (360)473-2351 Paul.wandlin>;@ci.bremerton.wa.us • Bremerton Fire Marshal's Office - http://www.ci.bremerton.wa.us/display.php?id=114 o Fire Marshal Mike Six michael.six@ci.bremerton.wa.us • Bremerton Community Development o Community Development 345 6`h Street, Suite 600 Bremerton, WA 98337 Phone: (360)473-5275 Fax: (360)473-5278 Monday-Thursday, 8AM to 5PM o Andrea Spencer, Director (360)473-5283 andrea.spencer@ci.bremerton.wa.us 4312 Kitsap Way,Suite 103 ECONOMIC Bremerton,WA 98312 V" DEVELOPMENT Kitsapeda.org KrrSAP AEROSPACE AND KITSAI. ALLIANCE Kitsapaerospace.com DEFENSE ALLIANCE Workforce and Training • Strong workforce with large number retired/separated military and active duty employees • Area draws from Kitsap(civilian workforce 116,830), King, Pierce, Mason and Jefferson Counties • 4-year Engineering degree from Washington State University at Olympic College (Bremerton) • Bachelor degrees in Environmental and Business from Western Washington University at Olympic College (Poulsbo) • Certificates available in welding, advanced manufacturing, composites and electronics at Olympic College r1.._ _ ciR.al 5 . • �. �... WASHINGTON i1 SKIA Zoning ° e, C W.f Property Contacts: // Fred Salisbury Director of Airport/Industrial Operations (360) 674-2381 x 17 .` ' freds@portofbremerton.org Kathy Cocus Z°"'"g Business Development Director Kitsap Economic Development Alliance e .. (360) 377-0180 cocus@kitsapeda.org 4312 Kitsap Way,Suite 103 ECONOMIC Bremerton,WA 98312 "\RCSPACE D E V E LO LA M E N T Kitsapeda.org KnAl-% ALLIANCE Kitsapaerospace.com DEFENSE ALLIANCE PP. pf Ma Please Note: Cells requiring data entry are highlighted with blue typel Speculative Building Development Option#1 Site Size. Acres 10.00 Square Feet 435,600 Site Development Costs Size Rate/PSF Total Local Improvement Districts,Assessments Environmental Assessment $ 7,500.00 Wetlands Assessment $ - Boundary Survey $ 5,200.00 Topographic Survey $ 4,500.00 Geo-Technical $ 7,500.00 Traffic Study $ 2,000.00 Miscellaneous $ 2,500.00 Legal Acct., Professional Fees $ 45,000.00 Preliminary Site Development Costs $ 0.17 $ 74,200.00 Demolition - $ 4.00 $ - Off Site Construction Rail - $ 975.00 $ - Grade&Fill(includes storm bio-filtration,detention system) $ 3.00 $ 1,306,800.00 Asphalt/Gravel(assume 85%impervious, 15%pervious area) 239.580 $ 2.00 $ 479;160.00 Landscaping $ 1.00 $ 435,600.00 Fencing (Lineal Feet) 3,883 $ 8.00 $ 31,064.00 Site Development Hard Cost $ 5.17 $ 2,252,624.00 Building Shell Area Building Shell(Site Coverage Ratio,+Total Shell) 30% 130,680 $ 25.00 $ 3,2673000.00 Interior Offices 5% 6,534 $ 82.00 $ 535,788.00 Special Purpose Tenant Improvements 5,000 $ 15.00 $ 75,000.00 Building Hard Cost Total Area 130,680 $ 29.67 $ 3,877,788.00 Total"Hard"Cost New $ 6,130,412.00 Add:"Soft"Costs(A&E,Construction Interest,WSST, Permits,etc.): 15% $ 919,561.80 Contingency Factor 10% $ 5.39 $ 704,997.38 Subtotal: $ 59.34 $ 7,754,971.18 Add: Land Acquisition Value 435,600 $ 2.00 $ 871,200.00 Add Preliminary Site Development Cost $ 0.57 $ 74,200.00 "Pro Forma".Cost PSF Bldg.Shell/Total ._.__ _!._._.w.,$:_...__. ..66.6 $ 8,700,371.18 Ali information provided is deemed reliable but is not guaranteed and should be independently verified. 5/28/2013 N\Team-DBDouglas\PROFORMA\/Comparative Construction-Income Pro Formas Page 1 CBRE Income ---- i Forma SKIA' Speculative Building Key Variables: "Market'Site Coverage 40% Soft Cost Factor: 15%. Development Option#1 Proposed Dvlpmnt Site Coverage 35% Return on Cost: 8% Return on Cost Sq.Ft. Rate PSF Hard Cost Soft Coat Total Cost Rate Mon thl Rent Annual Rent Site Acquisition 435,600 $ 2.00 $ 871,200 $ 871,200 8% $ 0.013 $ 5:808.00 $ 0.16 $ 69.696 Preliminary Site Development Costs $ 0.17 $ - $ 74,200 $ 74,200 8% $ 0.001 $ 495 $ 0.01 $ 5 936 Site Finishing $ 5.17 $ 2,252,624 $ 337,894 $ 2,590,518 8% $ 0.040 $ 17,270 $ 0.48 $ 207,241 Total,Site Rent(psf/land) 435,600 $ 7.17 $ 3,123,824 $ 412,094 $ 3,535,918 8% $ 0.054 $ 23,573 $ 0.65 $ 282,873 Budding Shell 130,680 $ 25.00 $ 3,267,000 $ 490,050 $ 3,757,050 8% $ 0.192 $ 25,047 $ 2.30 $ 300,564 Office 6,534 $ 82.00 $ 535,788 $ 80,368 $ 616,156 8% $ 0.629 $ 4,107.71 $ 7.54 $ 49,292 Special Improvements 5,000 $ 15.00 $ 75,000 $ 11,250 $ 86,250 8% $ 0.115 $ 575 $ 1.38 $ 6.900 Total,Bldg Rent(psf/rentable 142,214 $ 27.27 $ 3,877,788 $ 581,668 $ 4,459,456 8% $ 0.209 $29,729.71 $ 2.51 $ 356,756 Total, Land and Building $ 7,001,612 $ 993,762 $ 7,995,374 8% $ 0.37 $ 53,302 $ 4.50 $ 639,630 Contingency 10% $ 799,537 8% $ 0.04 $ 5,330 $ 0.45 $ 63.963 Totals $ 61.84 $ 8,794,911 $ 0.41 $ 58,633 $ 4.95 $ 703,593 Market Rental Building Land I Market Rental Value Pro used Development Rate Comparison Sq Ft Site Coverage Monthl V Rent Annual Rent Monthly Rent Annual Rent Land 435.600 $ 0.054 $ 23,573 $ 0.65 $ 282,873 Building Shell 130,680 $ 0.32 $ 41,818 $ 3.84 $ 501,811 $ 0.192 $ 25,047 $ 2.30 $ 300,564 Office 6,534 $ 0.75 $ 4,901 $ 9.00 $ 58,806 $ 0.629 $ 4,108 $ 7.54 $ 49,292 Special Improvements 5,000 $ - $ - $ - $ 0.115 $ 575 $ 1.38 $ 6.900 Contingency $ 0.037 $ 5,330 $ 0.45 $ 63,963 Total Rent, Prior to Yard Are 130,680 $ 0.36 $ 46,718 $ 4.29 $ 560,617 $ 0.449 $ 58,633 $ 5.38 $ 703,593 Building Rent Market"vs"Proposed"Differential 25.5% $142,976 Subject Site Coverage 30% Market Site Coverage 40% 326,700 Subject"Surplus Land"(Yard for Rent) 108,900 Yard Rent $ 0.05 $5,445 $ 0.60 $65,34 Total, Land and Building $ 52,163 $ 625,957 $ 58,633 $ 703,593 Rate PSF/Building $ 0.40 $ 4.79 $ 0.45 $ 5.38 Building AND Yard Ren f: "Market"vs"Proposed"Differential 12.4% $ 77,636 Return on Cos! I 1 1 0.7% 7.8%1 0.7% 8.8% All information provided is deemed reliable but is not guaranteed and should be independently verified. 512 812 0 13 N:\Team-DBDouglas\PROFORMA\/Comparative Construction-income Pro Formas Page 2 CBRE e • • s Please Note: Cells requiring data entry are highlighted with blue typel Speculative Building Development Option#2: Site Size: Acres 10.00 Square Feet 435,600 Site Development Costs Rate/PSF Total Local Improvement Districts,Assessments Environmental Assessment $ 7,500.00 Wetlands Assessment $ 2,500.00 Boundary Survey $ 5,000.00 Topographic Survey $ 2,500.00 Geo-Technical $ 8,000.00 Traffic Study $ 4,500.00 Miscellaneous $ 1,000.00 Legal Acct.,Professional Fees $ 15,000.00 Preliminary Site Development Costs $ 0.11 $ 46,000.00 Demolition Off-Site Construction $ - $ - Rail - $ 175.00 $ - Grade&Fill(includes storm bio-filtration,detention system) $ 3.00 $ 1,306,800.00 Asphalt/Gravel(assume 85%impervious, 15%pervious area) 217,800 $ 1.75 $ 381,150.00 Landscaping $ 2.25 $ 980,100.00 Fencing (Lineal Feet) - $ 8.00 $ - Site Development Hard Cost $ 6.13 $ 2,668,050.00 Building Shell Area Building Shell(Site Coverage Ratio/Total Shell) 35% 152,460 $ 25.00 $ 3,811,500.00 Interior Offices 5% 7,623 $ 82.00 $ 625,086.00 Special Purpose Tenant Improvements 5,000 $ 15.00 $ 75,000.00 Building Hard Cost Total Area 152,460 $ 29.59 $ 4,511,586.00 Total"Hard"Cost New $ 7,179,636.00 Add:"Soft"Costs(A&E,Construction Interest,WSST. Permits,etc.): 15% $ 1,076,945.40 Contingency Factor 10% $ 5.42 $ 825,658.14 Subtotal- $ 59.57 $ 9,082,239.54 Add: Land Acquisition Value 435,600 $ 8.00 $ 3,484,800.00 Add. Preliminary Site Development Cost $ 0.30 $ 46,000.00 "Pro'.Forma"Cost PSFfBIdg—Shell/Total _�` �.r_ _ __� � __ $ 82.73_ $ -12,613,039.54 All information provided is deemed reliable but is not guaranteed and should be independentiy verified. 5/2812013 N.\Team-D8Doug1as\PROF0RMA\/Comparative Construction-income Pro Formas Page 3 i CBRE Income Forma Sumner SITE Speculative Building Key Variables: Soft Cost Factor: 15% Development Option#2: Return on Cost: 8% Return on Cost Sq,Ft. Rate PSF Hard Cost Soft Cost Total Cost Rate MonthRent Annual Rent Site Acquisition 435,600 $ 8.00 $ 3,484,800 $ 3,484,800 8% $ 0.053 $ 23,232 $ 0.64 $ 278,784 Preliminary Site Development Costs $ 0.11 $ - $ 46,000 $ 46,000 8% $ 0.001 $ 307 $ 0.01 $ 3,680 Site Finishing $ 6.13 $ 2,668,050 $ 400,208 $ 3,068,258 8% $ 0.047 $ 20,455 $ 0.56 $ 245,461 Total,Site Rent(psf/land) 435600 $ 14.13 $ 6,152,850 $ 446,208 $ 6,599,058 8% $ 0.101 $ 43,994 $ 1.21 $ 527,925 Building Shell 152,460 $ 25.00 $ 3,811,500 $ 571,725 $ 4,383,225 8% $ 0.192 $ 29,222 $ 2.30 $ 350,658 Office 7,623 $ 82.00 $ 625,086 $ 93,763 $ 718,849 8% $ 0.629 $ 4,792 $ 7.54 $ 57,508 Special Imrovements 5,000 $ 15.00 $ 75,000 $ 11,250 $ 86,250 8% Is 0.115 $ 575 $ 1.38 $ 6,900 Total, Bldg Rent(psf/rentable 152,460 $ 30 $ 4,511,586 $ 676,738 $ 5,188,324 8% $ 0.227 $ 34,589 $ 2.722 $ 415,066 Total, Land and Building $10,664,436 $1,122,945 $11,787,381 8% $ 0.52 $ 78,583 $ 6.19 $ 942,991 Contingency 10% $ 1,178,738 8% $ 0.05 $ 7858.25 $ 0.62 $ 94,299.05 Totals $ 91.17 $ 12,966,120 $ 0.57 $ 86,441 $ 6.80 $ 1 037 290 Market Rental Building Land/ Market Rental Value Proposed Develo ment Rate Comparison Sq Ft Site Coverage MonthRent Annual Rent MonthRent Annual Rent Land 435,600 $ 0.101 $ 43,994 $ 1-21 $ 527,925 Building Shell 152,460 $ 0.32 $ 48,787 $ 3.84 $ 585,446 $ 0.192 $ 29,222 $ 2.30 $ 350,658 Office 7,623 $ 0.75 $ 5,717 $ 9.00 $ 68:607 $ 0.629 $ 4;792 $ 7.54 $ 57,508 Special Improvements 5,000 $ 0.75 $ 3,750 $ 9.00 $ 45,000 $ 0.115 $ 575 $ 1.38 $ 6,900 $ 0.05 $ 7,858.25 $ 0.62 $ 94.299.05 Total Rent,Prior to Yard Are 152,4601 $ 0.38 $ 58,254 $ 4.59 $ 699,053 $ 0.567 $ 86,441 $ 6.80 $ 1.037,290 Building Rent. "Market"vs"Proposed"Differential 48.4% $ 338,236 Subject Site Coverage 35% Market Site Coverage 40% 381,150 Subject"Surplus Land"(Yard for Rent) 54,450 Yard Rent $ 0.05 $2,723 $ 0.60 $32,670 Total,Land and Building $ 60,977 $ 731,723 $ 86,441 $ 1,037,290 Rate PSF/Building $ 0.40 $ 4.80 $ 0.57 $ 6.80 Building AND Yard Rent. "Market"vs"Proposed"Differential 41.8% $ 305,566 Return on Cost I I 1 0.5% 6.2%1 0.7% 8.81 All information provided is deemed reliable but is not guaranteed and should be independently verified. 5/28/2013 N.\Team-D8Douglas\PR0F0RMA\/Comparative Construction-income Pro Formas Page 4 PUGET SOUND PACIFIC TRANSPORTATION CORRIDOR To Canada PDCC'tl SOQAIB& PACHFiC 1- Port Angeles Port Townsend L •�� t f erect t To Chicago � ^—, �I `^� ,� �_eNs� and East ' r- `SeattI� �x<";d^{+�;.w.;iw•,�. �,,�y'� �•,;:`r�': � r~° p-,^'"•.--,-1 1� remerton 1<. C,� Y 4.AI.-> ,s y�y k f.•r- .; _ c'a ! f Be fair v rBremBrtjn,)� .•-,Renton-. s-..Y"a �rt�>... `�y'w;.=.x �i.. National Airport i 1 t tQ�..R.%F ;Kent.- To Chicago w� 5 Aubur and East Bay Shore ' oma .� - .. Shelton `4 !!! 9�` Q 04°�'r"�ap'�� McCleary �. a - t j Ise "t Cenfralier j - g�ayeslee Chehalis ef - f� 1, � •''L�� Curtis �.• - _._._. .. 00 PUGET SOUND&PACIFIC {3{3€ ,7 + 't •v WAS H I N GT�,N � t BURLINGTON NORTHERN and SANTA F£ I r UNION PACIFIC 1� USN:PSP P®RTer RInterchanges on 11v.,cr.[ronM 1�7 —.N:clJic C—, rr®®!f BNSr...... . ..............Cenatia.WA ' To Oregon, UNION PACT^IC.....Blakesiee.ict..WA CalitoMia and Arizona i PUGET SOUND PACIFIC TRANSPORTATION CORRIDOR Businesses conveniently ship their goods to market from West The Port of Bremerton offers the largest available Puget Sound and coastal regions of the Pacific Northwest industrial land for lease in the west Puget Sound region. using the Puget Sound Pacific Transportation Corridor. With links to deep water terminals in Grays Harbor it opens doors for the development of light industrial The PSPT Corridor provides road, business and opportunity for rail & marine transportation links warehousing/distribution of goods. between the Port of Bremerton's Olympic View Industrial Park in Ship goods to market while enjoying Washington State's coastal and West Puget Sound and the deep Puget Sound regions in the Pacific water terminals of the Port of a Pacific Northwest quality of life. Northwest are strategically located Grays Harbor. where delivery of your products to market can be accomplished Puget Sound and Pacific without the every day congestion of Railroad, a vital transportation 0 urban areas. Beautiful coastal and link, connects Port of Bremerton inland water communities to the marine terminals at Port of Grays Harbor on coastal enveloping the ports of Grays Harbor and Bremerton are Washington State. Less than 2 hours from the open sea, synonomous with quality of life and are ideally suited for Port of Grays Harbor offers the closest U.S. multi-modal business development. Port to and from international markets of the Pacific Rim. PORT OF GRAYS HARBOR=m.portofgraysharror.com � PORT OF BREMERTON www.port0bremerton.org PUGET SOUND AND PACIFIC RAILROAD www.railamerica_com For the firm that services aircraft, develops aircraft technology,or utilizes corporate aircraft in its ' business,there are substantial benefits to expanding or relocating to the Bremerton National Airport, Bremerton,WA.USA. Airport tenants benefit from: ' ■ Precision Approach Instrument ' Landing System accommodates all general aviation and jet ; aircraft,including 737, 727, and DC9 aircraft: ■FAA certified all-weather,fully lighted 6200-foot runway with 1,200-foot displaced threshold. "? ■ Remote Communication Outlet _ (RCO)with Seattle approach/ Cet�x departure allows IFR clearance _J delivery on ground. Bremerton National:,„ ■ Continuous Automated1� Airport offers you:.:: - . Weather{AWOS III). Low-cost.dectric. ■Aircraft and engine ty.. Low-cost land leas i maintenance. ■ Hangars available for tent or Excellent,transpr►rtatign:Streamlined permitting.;'. purchase. Favorable en+nitnmentaf ° ra Avionics sales,installation j and repair, standards... ■ Credit-card operated Employee training support I 24-hour self-fueling facility. All amenities in place_ ■Charter,air-taxi service and " Aircraft rentals. ,4 ■ Full-service restaurant. ■West Puget Tech Park, 128 acres of technical business park , including a Free Trade Zone(FTZ) r Immediately south of airport. ■ Olympic View Industrial Park, k'=' across State Highway 3,has . 520 acres of ready-to-build medium # industrial land with FTZ designation. ..• ■ Low business costs(power,taxes, land,transportation,labor). k PORT OF Washington State USA Wane(360)6742381•Fax(360)674-2807 8850 sw State Hog,3,Port Orchard,WA 98366 :` ' -'•" . BumERToN m AiuoRT View ROurE 3 Industrial Park ,. .r.® _ ---.. RUNWAY 580 acres of leasable land with taxiway access. SCALE 1000 feet i il An ILS, lighted,paved 6,200 foot, all-weather runway with a 1,100 foot displaced threshold on the north end.Approximately 20 acres with flight line access at this time, but will be expanded rapidly as demand dictates.Can handle up to DC-9 and 737 aircraft. PORT 0`F Washington State,USA. Phone(360)61.1-2381.Fax(360)67e-)807 8850 Ah'State H%vy 3,Fbr!Orchard,VVA 95366 To Discuss Yom Buzus NLEDs OR MRAIGE A SiTE Tou, ' i-800-462-3793 ECONOMIC Kitsap County Economic Indicators ITSDEVELOPMENT .._� ALLIANCE March 2014 KITSAP LABOR MARKET INFORMATION Change Preliminary Revised Revised Feb 14 to Mar 13 to Mar 13 to Labor force classification(place of residence) Mar 14 Feb 14 Mar 13 Mar 14 Mar 14 Mar 14(%) Civilian Labor Force 116,170 116,500 117,750 -330 -1,580 -1.3% Resident Employment 108,420 108,390 108,930 30 -510 -0.5% Unemployment 7,750 8,110 8,820 -360 -1,070 -12.1% Unemployment Rate% 6.7% 7.00% 75% 03% -0.80% -10.7% Preliminary Revised Revised Feb 14 to Mar 13 to Mar 13 to Employment by Place of Work Mar 14 Feb 14 Mar 13 Mar 14 Mar 14 Mar 14(%) Total Nonfarm 83,600 83,400 82,500 200 1,100 1.3% Total Private 54,900 54,700 53,200 200 1,700 3.2% Goods Producing 5,700 5,700 5,300 0 400 7.5% Mining,Logging,and Construction 3,600 3,600 1 3,400 0 200 59% Manufacturing 2,100 2,100 1 1,900 0 200 10.5% Service-Providing 77,900 77,700 77,200 200 700 0.9% Private Service Providing 49,200 49,000 47,900 200 1,300 2.7% Trade,Transportation,and Utilities 11,900 12,100 12,000 -200 -100 -0.8% Retail Trade 9,900 10,000 9,800 -100 100 1.0% Professional and Business Services 7,000 6,900 6,900 100 100 1.4% Leisure and Hospitality 7,800 7,600 7,700 200 100 13% Government 28,700 28,700 29,300 0 -600 -2.0% Federal 16,200 16,200 16,600 0 1 -400 -2.4% State government 2,000 2,000 1,900 0 1 100 5.3% Local government 10,500 10,500 10,800 0 1 -300 -2.8% Median Household Income" 1995 1000 2005 2011 Estimated 2013 projected Washington State $38,997 $48,485 $55,076 $55,500 $58,577 Benton $42,540 $43,148 $49,100 $60,608 $64,898 King $45,397 $54,645 $62,028 $66,294 $70,365 Kitsap 1 $40,630 1 $49,581 1 $58,456 1 $55,400 1 $58,418 Thurston $39,971 $47,449 1 $53,744 $60,621 $63,290 Kitsap County 2010 1011 2012 2013 k-12 Public School Enrollment 2010-011 37,063 37,241 36,796 36,477 Building Permits Residential Mar 2013 Commercial Mar 2013 Residential Mar 1014 Commercial Mar 2014 Kitsap County 31 0 22 0 City of Bainbridge Island 3 0 5 0 City of Bremerton 9 2 4 0 City of Port Orchard 4 0 3 0 City of Poulsbo 3 0 8 1 New Business licenses Issued March 2013 March 2014 Q12013 Q12014 Kitsap County(DOR)* 242 221 834 783 City of Bainbridge Island 39 39 163 142 City of Bremerton 71 69 213 222 City of Port Orchard 61 58 204 183 City of Poulsbo 45 29 147 137 Real Estate March 2013 March 1014 Residential Active Listings 1,287 1,170 Closed Residential Sales 246 259 Median Home Price $230,550 $225,000 Days on the Market 98 93 *Represents total number of new master business licenses issued in the state of Washington to companies with Kitsap County addresses.City licenses do not total to equal this number.Companies may have licenses in multiple cities,and some city licensing may lag. "State plus highest median income counties in the state Taxable Retail Sails Kitsap County CY 2012 Kitsap County CY 2013 %Change 2012-1013 $3,140,631 $3,319,687 5.7% Regional and National Indicators March 2013 March 2014 Regional Consumer Price Index 232.773 236.293 National Prime Lending Rate 3.25% 3.25% National Dow Jones Average 14,578.54 16,457.66 Washington State Indicators March 2013 March 2014 State Unemployment Rate 7.5% 6.9% Kitsap County Unemployment Rate 7.5% 6.7% WA March 2013 WA March 2014 Kitsop County Mar 2013 Kitsap County Mar 2014 Job Seekers Served 72,157 55,216 2,360 1,970 Job Leads(Referrals&Job Match) 16,590 12,805 326 401 Initial UI Claims 35,123 33,801 980 945 Continuing UI Claims 88,175 84,301 2,442 2,140 Exhausted UI Claims 7,241 6,357 2,370 158 Bank Home Foreclosure Filings 2,751 1,641 110 84 Unemployment Rates— Kitsap ..... .... . .... Unemployment rates.not seasonally adjusted.in Kitsap County(Bremerton :115x) 9.5%- 8.0%- 7.SQ6 .5%8.0%7.5°6 i 7.056 6.516- f 2G 14 I 6.0%- jail .06 jail Feb Mar Apr May Jun Jul Aug Sep Dct Nov Dec Year a FebMar Ap Ma Jun Jul; Aug -Sep Oct Nov De 12012 811 84 82q 74 7 La 5" 75%--51j n8` 6 5�t 56°. 013 7.8 7.9 7.5% 6.8% 7. 7.1 6.7 . 6.4% 6.2% 6.3 60 60 ,2014 6 2- 7 09� 6 75 1 So ce Washolywn Stareivrp:PYmenr Sec.,,ry OeDa,r-err.Laao ,"•surer ar;i%�'fo.n;;nce A-W sis Total Retail Sales - Kitsap 2013 Quarter 4 2013 2012 $838,284,130 2011 $811,297,049 2010 $817,906,797 2009 $798,006,111 2008 $826,664,401 Source Washington State Department of Revenue PROFESSIONAL-TECHNI' ' Air Washington is an equal opportunity employer/program. AA S Auxiliary aids and services are available upon request to Mill re individuals with disabilities. This workforce solution was Q funded$2oM(loo%)by a grant awarded by the U.S. OC Department of Labor's Employment and Training C7 Administration.The solution was created by the grantee and C • 0 does not necessarily reflect the official position of the U.S. cc Department of Labor.The Department of Labor makes no a guarantees,warranties,or assurances of any kind,express or J re implied,with respect to such information,including any V • • information on linked sites and including,but not limited to, _ - e accuracy of the information or its completeness,timeliness, z usefulness,adequacy,continued availability,or ownership. _ This solution is copyrighted by the institution that created it. V W Manufacturing skills,and particularly CNC/ Internal use,by and organization and/or personal use by an [— machining skills,are in demand by companies such individual for non-commercial purposes,is permissible.All other uses,require the prior authorization of the copyright Q as The Boeing Company, Boeing suppliers, Z Lockheed Martin,PSNS and many others.The 0 Aerospace industry hires many with manufacturing CONTACT US Z";. Manufacturing Faculty Advisor: +` skills,and predicts they will see significant increases in employment capacity over the next Brian Petty at 360.473.2827(OC)-or- few years. In addition, many workers in this at West Sound Technical Skills Center: • industry are approaching retirement age,which 360.473.0580 - means the industry will need to fill those positions Email:bpetty@olympic.edu also.The ship building and repair industry also To enroll,contact the Admissions office today! needs many good employees with manufacturing Admissions Office: skills. - Humanities and Student Services Bldg.,First Floor Employers are looking for employees who are on OC Bremerton 360.475.7479 or 1.800.259.6718,Ext.7479 ` �.- time,dependable,can work well alone or in teams, E-mail:prospect@olympic.edu have good communication skills and have a good www.olympic.edu/ForStudents work ethic.These important qualities are stressed in our curriculum.The certificates offer students a Our Mission \` gateway to a broad range of careers.Students are We serve and enrich all our communities by j provided with a combination of classroom,shop providing quality education and training for all who and workplace experiences.Students are able to ;\ seek to improve their lives through learning. visit several manufacturing employers and apply --- - —-- - for and participate in internships as part of the curriculum. Employers are looking for applicants with the job and work skills that are learned here. OLYMPIC COLLEGE Students who start this program do not need to choose a specific fob goal before they begin. 1600 Chester Avenue,Bremerton,WA 98337-1699 OLYMPIC COLLEGE 360 792 6050 or 1 800 259 6718 www.olympic edu Olympic College does not discriminate on the basis of race, Start Here. Go Anywhere. Revised 9 27 13 color,national origin,sex,disability,sexual orientation,or age In Its programs and activities PROFESSIONAL-TECHNICAL PROGRAMS :: MANUFACTURING :: CertificateofjCompletion Manufacturing Career Options I PROGRAM OPTIONS * * I j PROGRAM OUTCOMES • Team Assembler • Boat Assembler Upon completion of this program,successful Manufacturing Technology- students will have demonstrated the ability to • Production Worker apply their skills and knowledge in the Principles of Precision Machining PP v g I • Machine Shop Assistant following ways: Certificate of Completion (39 credits) • Computer Numerical Control(CNC)Operator 1. Work effectively in a manufacturing • CNC Programmer(Apprentice) This certificate is designed to provide students with I environment. • Machinist entry-level manufacturing skills and a foundation to pursue other certificates and two-year degrees in 2. Participate and contribute to the Wages* any manufacturing or trade specialty areas. effectiveness of teams. Computer Numerical Control(CNC)courses are 3. Use basic communication skills(writing, A survey of local manufacturing companies showed included to provide additional high-demand skills to reading,speaking,listening)to meet the starting wages of$9.50 to$11.80 per hour. Most students completing this curriculum.A complete list needs of the workplace. firms indicated wage progression up to$18-$27 per of the courses included in the certificate can be hour for experienced manufacturing employees; found in the Olympic College catalog. 4. Gather,interpret,and use data consistently good pay compared to many other jobs. and accurately to make decisions and take Manufacturing Technology action. Length of Employment Certificate of Completion (25 Credits) 5. Contribute to the maintenance of a safe Surprisingly,local companies show 40%of their This certificate is designed to provide students with and healthy work environment. employees have worked for them 1 -3 years and entry-level manufacturing skills and machining skills. 6. Apply technology to operate and 40%have worked for them 4-10 years.It is Students will learn about hand tools,shop safety contribute to business and manufacturing possible to have a long-term career with local I procedures,blueprints,machinery and Computer systems. companies. Numerical Control(CNC). manufacturing P 7. Take responsibility for his/her actions and Certificate of Recognition (12 Credits) decisions,adapt to change,and update his/her skills,knowledge,and attitudes to This certificate is designed to provide students with meet new challenges. entry-level manufacturing skills in Computer i Some of the programs listed here may fall under Numerical Control(CNC). Gainful Employment regulations. Please visit **Program and course data from the 2012-2013 www.olvmpit.edu/GainfulEmployment for i Olympic College Catalog.View the current catalog disclosure on programs that may lead to on-line at www.olympic.edu. gainful employment. Plenty of hands-on experience, and the Labor Market and wage data comes from the I interning was great." Washington State Employment Security Department. The most current information can be found at —Josh Logan,OC student https://fortress wa eov/esd/employmentdata/ www.olympic.edu PROFESSIONAL-TECHNI^Q Air Washington is an equal opportunity employer/program. Auxiliary aids and services are available upon request to • COLLEGE !� individuals with disabilities. This workforce solution was funded$20M(100%)by a grant awarded by the U.S. Q . • SITES Department of Labor's Employment and Training w Administration.The solution was created by the grantee and does not necessarily reflect the official position of the U.S. 0 MANUFACTURING Department of Labor.The Department of Labor makes no a guarantees,warranties,or assurances of any kind,express or J TECHNOLOGY implied,with respect to such information,including any Q information on linked sites and including,but not limited to, U accuracy of the information or its completeness,timeliness, Z usefulness,adequacy,continued availability,or ownership. _ This solution is copyrighted by the institution that created it.IS& oat; U Internal use,by and organization and/or personal use by an 1u Exciting Career Pathway! individual for non-commercial purposes,is permissible.All other uses,require the prior authorization of the copyright ...� Composite Manufacturing Technology skills are Z in demand by companies such as The Boeing O Company, Boeing suppliers,Lockheed Martin, CONTACT US ; Puget Sound Naval Shipyard and many others. :sai ti The aerospace industry hires many with composite Composites Manufacturing Technology Advisor: manufacturing skills,and predicts they will see significant increases in employment capacity over Guy Houser the next few years. Many workers in this industry are approaching retirement age,which means the (360)473-2828 or email at industry will need to fill those positions also. ghouser@olympic.edu Additionally,Composites are used in the marine industry,in the production of medical devices, To enroll,contact the Admissions office today! r �� Office: i issons ce: 1' " hardwood veneer/plywood manufacturing and Adm Humanities and Student Services Bldg., First Floor i f sports equipment. tr'�; r . OC Bremerton Individuals in entry-level manufacturing positions, 360.475.7479 or 1.800.259.6718,Ext.7479 such as Assemblers or Team Assemblers,can gain E-mail:prospect@olympic.edu additional skills with the completion of this vov certificate,which may lead to higher-level work as a Helper or as a Laminator&Fabricator.With Our Mission experience in the field,one could also move into i We serve and enrich all our communities by a lead or first-level supervisory position in the providing quality education and training for all who composites manufacturing environment. seek to improve their lives through learning Remember,employers in all industries are looking for employees who are on time,dependable, can work well alone or in teams,have good communication skills and have a good work ethic. OLYMPIC COLLEGE These important qualities are stressed in our curriculum. 1600 Chester Avenue,Bremerton,WA 98337-1699 OLYMPIC COLLEGE 360.792.6050 or 1.800.259.6718 www.olymplc.edu Olympic College does not discriminate on the basis of race, Start Here. Go Anywhere. color,national origin,sex,disability,sexual orientation,or age in its Revised 09.27.13 programs and achvihes PROFESSIONAL-TECHNICAL PROGRAMS :: COMPOSITES MANUFACTURING TECHNOLOGY :: Certificate of Completion Composites Manufacturing Career Options ' PROGRAM OPTIONS " PROGRAM OUTCOMES • Assemblers and Fabricators In Demand* Composites Manufacturing Upon completion or this program, successful • Team Assemblers In Demand* I Technology- Certificate of Completion students will have demonstrated the ability • Helpers-Production Workers (30 credits) to apply their skills and knowledge in the following ways: • Fiberglass Laminators and Fabricators This certificate is designed to provide students with entry-level manufacturing skills in composites and • Demonstrate an understanding of composite • First-Line Supervisors/Managers of Production terminology with the ability to define,utilize and Operating Workers a foundation to pursue other certificates and two- P g and explain composite terminology. year degrees in manufacturing in this specialty.A complete list of the courses included in the • Demonstrate an understanding of safety rules certificate can be found in the Olympic College for equipment in composites laboratory. catalog. • Demonstrate an understanding of composite Wages* I Composites Manufacturing Courses: builds by evaluating composite builds j completed in class,recognizing basic materials The job titles listed above include entry-level to I. � used for vacuum bagging by identification, � experienced/supervisory. Median hourly wages First Quarter - 15 Credits identify machining pugs and molds by range from$11.40 to$32.81. MANU 170- Introduction to Composites: j evaluating lab built tools. History of composites.Safety,industry skills and How to Pay for College initial planning for individual and class projects of Demonstrate an understanding/ability to Advanced Composites. schedule a project over 5 weeks. For funding options go to www.olympic.edu/ • Understand and perform common assembly ForStudents/Funding or call 360.792.6050 for more Second Quarter - 15 Credits techniques and bonded assembly information. MANU 175-Advanced Composites: I manufacturing techniques. Using classroom and laboratory, builds on concepts of MANU 170. Advanced terminology,industry • Demonstrate an understanding of machining i plugs and molds by evaluating a tool built in lab. work environments,safety and quality standards. Some of the programs listed here may fall • Understand matrix materials,resins and fiber under Gainful Employment regulations. reinforcements;basic design considerations for ( composite structures and the unique properties Please visit: www.olympic.edu/GainfulEmployment of composite reinforcement fibers. for disclosure on programs that may lead • Understand and identify cure profiles and to gainful employment. demonstrate the ability to build a composite project. *Assemblers and Fabricators and Team • Participate in and contribute to the Assemblers are"In Demand"for the Olympic effectiveness of teams. Workforce Development Area,according to • Use basic communication skills(writing,reading, Workforce Explorer.Labor Market and wage **Program and course data will be included in 2012-2013 speaking,listening and computing)to meet the data noted comes from Economic Modeling Olympic College Catalog.View the current catalog needs of the workplace. j Specialists,Inc.Current information can be found on-line at www.olympic.edu. at www.esd.wa.gov. • Gather,interpret,and use data consistently and accurately to make decisions and take actions. PROFESSIONAL-TECHNI - , Air Washington is an equal opportunity employer/program. h Auxiliary aids and services are available upon request to individuals with disabilities. This workforce solution was Q funded$90M(100%)by a grant awarded by the U.S. OC . Department of Labor's Employment and Training 0 Administration.The solution was created by the grantee and O lolr 4, 1* does not necessarily reflect the official position of the U.S. CL • Department of Labor.The Department of Labor makes no C guarantees,warranties,or assurances of any kind,express or —t • • • •- * I* implied,with respect to such information,including any Q information on linked sites and including,but not limited to, 2 Z accuracy of the information or its completeness,timeliness, g usefulness,adequacy,continued availability,or ownership. U This solution is copyrighted by the institution that created it. LU is a certified member of the Federal Internal use,by and organization and/or personal use by an F individual for non-commercial purposes,is permissible.All J Aviation Administrations (FAA) other uses,require the prior authorization of the copyright Q "Technical Operations-Collegiate Training z Initiative Program" (TO-CTI). Only 44 CONTACT US O , colleges and universities have been Electronics Advisor: tyn'b accredited nationally by the FAA. Craig Seybold -360.475.6814 E-mail:eseybold@olympic.edu a A.;. .;� To enroll,contact the Admissions office today! Admissions Office: ` Humanities and Student Services Bldg. Room 101,OC Bremerton • 0 0 360.475.7479 or 1.800.259.6718,Ext.7479 E-mail:prospect@olympic.edu 1 • 0 • www.olympic.edu/ForStudents Our Mission We serve and enrich all our communities by { providing quality education and training for all who �� y! seek to improve their lives through learning. Pr Please visit the web to see a description of our �s.. Vision and Values at www.olympic.edu/MVV_ a OLYMPIC COLLEGE 1600 Chester Avenue,Bremerton,WA 98337-1699 OLYMPIC COLLEGE Rir q4)lllasfiin9ton 360.792 6050 or 1 800 259 6718 www olymplc edu Start Here. Go Anywhere. Olympic College does not discriminate on the basis of race, Revised:09.27.13 color,national origin,sex,disability,sexual orientation,or age in its programs and activities PROFESSIONAL-TECHNICAL PROGRAMS�;� .Electronics Electronics Career Options The local labor market demand for workers with ( PROGRAM OPTIONS * * PROGRAM OUTCOMES electronics training remains strong due to work at aerospace suppliers,the Navy Shipyard and I Electronics maintenance facilities,the growing marine ! Associate in Technical Arts(101 credits) 1. Analyze,interpret,and trace digital logic technical industry and the demand for consumer Designed to prepare a student for entry in the field diagrams used in signal tracing of complex electronics. Electronics training prepares students I or industry.A student with an ATA may transfer I digital circuits. for jobs as: these credits and apply them towards a Bachelor's 2. Select and operate electronic test • Electronics Equipment Assemblers degree in Electronic Technology at a four-year equipment during troubleshooting and • Electronics Installers institution,such as Central Washington University, repair operations with an emphasis on Eastern Washington University,Western safety in use and accuracy in results. I • Electronics Repairers Washington University or Old Dominion University. • j 3. Design and evaluate machine language Electronics Drafters Studies include industrial control circuits using programs for efficiency and effectiveness. • Electronics Technicians linear integrated circuits and other solid state • Electronics Mechanics devices,digital circuits,microcomputer operation 4. Based upon equipment troubleshooting and languages,microprocessors,as well as studies I results,research and document required • Electronics Engineers in general industrial electronics. A complete list of replacement parts. i Wages* required courses can be found in the Olympic 5. Successfully replace miniature circuit College Catalog. board components using industrial Steady increases are forecasted in i standard soldering/fabrication telecommunications and other industries that hire j techniques. (45 Credits) ! electronics equipment mechanics,installers,and Certificate of Proficiency 6. Effectively communicate with and advise repairers.Salaries for these positions can be more Leads to entry-level employability as an assembler, customers and co-workers, both written than$20 per hour. installer,or apprentice technician with the technical and manipulative skills to enter the Electronics and orally,regarding the progress of and How to Pay for College I industry. decisions made during test and repair procedures. For funding options go to www.olympic.edu/ 7. Pass industry/Federal style examinations ForStudents/Funding or call 360.792.6050 for more Certificates of Recognition on the theory and procedures of electronic technology. * ! • Exploring Electronics(10 credits) j Labor Market and wage data comes from the J Washington State Employment Security Department. • Electronics(19 Credits) i The most current information can be found at https://fortress.wa.gov/esd/employmentdata/ Develop skills to safely work in an electronic industrial environment and gain exposure to ,* ' electrical laws for entrance and advancement Source:2012 2013 Olympic College Catalog. Some of the programs listed here may fall under I View the current catalog online at Gainful Employment regulations. Please visit into the electronics industry. www.olympic.edu/catalog. I www.olympic.edu/Gainful Employment for disclosure on programs that may lead to gainful employment. ��-# www.olympic.edu/electronics M, CyRK, #- : Kitsap C:otrn The Kitsap WorkSource Center is the main contact point for job seekers and employers looking for assistance in connecting with job training and new employee development. Programs provide employers with services to connect you with qualified and well trained job seekers at all levels with no cost to the employer. At WorkSource, we understand that every business faces unique challenges and that there are no "one-size-fits-all" answers. Our WorkSource business representatives are here to listen, help you identify your workforce issues and goals and work with you to create solutions that are right for your business. Your local WorkSource business representative will help you recruit applicants based on your requirements and refer candidates who are skilled and ready to go to work. The right information can help you attract the best employees, stay on top of changing conditions and maintain your company's competitive edge. WorkSource helps employers with: • Recruitment Services • Wage and Occupation Information • Employee Training • Business Assistance • Tax Credits • Labor Market Analysis Our Center contains a Resource Room for job seekers which is equipped with computers with internet connections, fax machines, copiers and telephones. Employers can use one of several conference rooms to interview qualified job applicants or to hold company employment orientations. The Center's staff works with Washington State Employment Security Department's Labor Market and Economic Analysis Branch to monitor industry sector activity. This analysis is being compiled on the aerospace, defense and advanced manufacturing sectors in order to produce information on: • An inventory of industry sector firms doing business in our area • A profile of current jobs and a projection of future jobs in the sector • Training requirements for current and future jobs. 1 � 1 Washington The Community Washington State is home to the largest aerospace cluster in the world,with over 132,000 aerospace-related employees and more than 1,350 aerospace firms.Aerospace provides one thing that fewer and fewer industries can offer: large numbers of high-paying blue collar manufacturing jobs. The Vision Puget Sound Regional Council's mission is to ensure a thriving central Puget Sound, both now and in the future through planning for regional transportation,growth management, and economic development. PSRC developed a strategy with more than 300 business, government,labor, community, and education leaders from throughout the region and state,including action items designed to grow region's strengths in aerospace and aerospace supply chains. The Strategy Workforce and Trainings: To build on local workforce development assets, PSRC plans to add 1,000 training slots in high-demand fields identified by an employer survey.It also plans to expand the work of its Pipeline Committee to address every level of education from preschool to grad school.The Center of Excellence for Aerospace & Advanced Manufacturing (COE) will serve as a central point of entry for students and jobseekers to navigate aerospace careers.As part of its workforce efforts, PSRC will evaluate all community and technical college (CTC) composite materials program curricula, identify core competencies and common courses;create a 37,000 square foot Advance Manufacturing Training & Education Center (AMTEC) to train students for high- demand jobs in manufacturing and aerospace; and provide funding for training programs. Supplier Networks: To improve supplier capabilities, PSRC plans to map gaps in Boeing's supply chain, and identify opportunities to attract investment in facilities and employees in relative proximity to final assembly sites. PSRC will expand the use of an online database of Washington suppliers to assist OEMs in identifying and partnering with capable supply chain partners and will seek to develop informal and formal partnerships with other aerospace regions.PSRC will also conduct a study to research and develop strategies to align the aerospace supplier industry with other industries that share transferable workforce skills. • • D- - 96 A , • 4 -•. •. 6 R W11 The Strategy Continued. .. Research and Innovation: PSRC will seek to leverage research from Washington State University and the University of Washington aviation biofuels through the public-private Sustainable Aviation Biofuels Working Group to develop a commercially viable biofuels industry.It will also seek to build on work of the Greener Skies Over Seattle initiative to reduce the environmental impact of air travel. Infrastructure and Site Development: PRSC will support a sustainable system of local and federal funding to ensure commercial airports are well maintained and able to support commercial and passenger freight service.It will also work with key transit organizations to ensure they have funding to maintain and improve commuter access to key aerospace employment centers.The expansion and rehabilitation of strategic rail spurs to reduce truck congestion on interstates and spur economic development will be continued. Trade and Investment: PRSC will continue to participate in the US Small Business Administration's State Trade & Export Promotion (STEP) program,helping local manufacturers find new markets. PRSC will include at least one aerospace market target in the Trade Development Alliance update of its five-year plan, plan and implement one outbound trade delegation per year, and expand Spokane's aerospace footprint by facilitating two trade missions each year. Operational Improvement and Capital Access: PRSC will expand the number of smart building test facilities in the i6 Green Challenge program,including more manufacturing facilities, and increase awareness and adoption of energy efficiency technology using the Northwest Smart Building Center to improve operations and expand capital access. The Partnership Supplier Network: Build-to-Demand;King County Aerospace Alliance;Washington State Office of Aerospace Workforce and Training: Aerospace Futures Alliance (AFA); Aerospace Joint Apprenticeship Committee (AJAC);Boeing; Center for Excellence for Aerospace &Advanced Manufacturing; Edmonds Community College; Everett Community College;joint Center for Aerospace Innovation Technology QCATI);Pipeline Committee; City of Renton;Washington Aerospace Training &Resource (WATR) Center; Washington State;Washington State Office of Financial Management (OFM);Washington State Office of Superintendent of Public Instruction (OSPI) Infrastructure and Site Development: Economic Alliance Snohomish County (EASC);Economic Development Board for Tacoma-Pierce County; Economic Development Council-Seattle King County; Grant County Economic Development Council; Greater Spokane, Inc.;Kitsap Economic Development Alliance (KEDA);Washington Aerospace Partnership;Washington State Department of Transportation (WSDOT) Operational Improvement and Capital Access: Impact Washington Research and Innovation: Port of Seattle;Puget Sound Regional Council;Sustainable Aviation Biofuels Working Group Trade and International Investment: Trade Development Alliance;Washington Council on International Trade (WCIT);Washington State Department of Commerce KITSAP AEROSPACE AND DEFENSE ALLIANCE Defense Presence + History of defense industry ✓ One of largest and busiest naval shipyards in nation ✓ Established supply chain with proven on time deliverables ✓ Home to major defense contractors such as ■ Raytheon ■ Lockheed Martin ■ BAE ■ General Dynamics ■ NASSCO + No cost assistance for OEMs, Tier 1, 2 and 3 suppliers ✓ Washington State PTAC (Procurement Technical Assistance Center) sub center providing ■ Education on selling to government ■ Review of proposals (small business) ■ Coordination and registration for OEM and Tier 1, 2 and 3 Open Houses ■ Search for suppliers in specified NAICS codes ■ Workshops ✓ Professional business counseling to those in and wishing to join supply chain + Aerospace/Defense Experience ✓ Firms with AS9100 certification ✓ Firms certified by major defense contractors Contact John Powers (powers@kitsapeda.orq/360.377.9599) or Tim Thomson (timt@wovecable.com/360.509.3087) for additional details on why Kitsap is the best choice for the next aerospace company expansion. www.kitsapaerospace.com Published July2014 �, 117 7 wits all Al Economic Develuprnent . liance 4312 Kitsap Way I Suite 103 1 Bremerton,WA 98312-2446 360.377.94991 infoakitsapeda,org I www.kitsapeda.org PRESS RELEASE — For Immediate Release July 29, 2013 John Powers 360-377-9599 mangrum@kitsapeda.org California Aerospace Composites Firm Relocating to Kitsap County Omohundro, a 50-year-old company currently based in Tustin, CA has purchased a manufacturing facility in Port Orchard, WA. The 41,000 SF site is adjacent to Leader International in the Port Orchard Industrial Park. Mark and Cynthia Sparks, Omohundro owners, began their search for a potential new location a year ago and researched sites in several western states. They were attracted to Kitsap because of its aerospace and defense focus, skilled workforce, and the proximity to the Seattle region aerospace industry. Kitsap also impressed the Sparks with the quality of life, positive and collaborative"can-do" attitude, the commitment to workforce development, and Olympic College's aerospace and advanced manufacturing programs. Omohundro designs, manufactures, and tests composite hardware for the aerospace and defense industries. Their specialty is composite hardware that supports the function of communication systems. These products include radomes, reflectors, polarizers and aircraft ducting. Omohundro also develops parts based on client specifications for a myriad of customers. John Powers, Kitsap Economic Development Alliance (KEDA) Executive Director, states, "Omohundro is the perfect match of the company profile that Kitsap Aerospace and Defense Alliance (KADA) seeks to attract to Kitsap County". (See www.kitsapaerospace.com) KEDA focuses on helping existing Kitsap companies expand to the aerospace and defense industry and also on attracting the expansion and/or relocation of existing aerospace and defense firms. Omohundro has hired nine people from Kitsap who now are training at the California location. Sparks said in September the company will have half of its operation in Port Orchard and projects about 40 full time workers in Washington by December. Sparks said his company needs people with composite manufacturing experience, programmers and machinists, CAD tool designers and drafters most of whom have been trained at Olympic College. "It's exciting for us that all this training is at Olympic College," Sparks said. "We are thrilled by what this means for our students and the partnership it represents for OC," said Stephanie Thompson, the Air Washington Grant Manager for Olympic College. The Air Washington grant, awarded in Fall 2011, provided funds for shop renovations, state of the art equipment, faculty, and additional student supports to expand and enhance aerospace training programs. Thompson believes this grant, and the training it provides, influenced Omohundro's decision to move to the area. She noted, "This move is a 'win-win' situation for OC students, Omohundro, and our economy." OC President and KEDA board member, David Mitchell agrees that this is a clear example demonstrating the critical relationship of having a skilled and well-trained workforce to support economic development. "This is great news for Kitsap County and will result in good new jobs and set a precedent for other aerospace companies" said Kitsap County Commissioner Charlotte Garrido. Commissioner Garrido, who serves on the KEDA Board of Directors and chairs the Olympic Consortium Workforce Development Board also commented on the significance of the 2011 business/education/government collaboration that led to the development of the Olympic College Composites Training program. "The availability of skilled workers and top notch training was key to this company's decision to relocate to Kitsap. Those programs exist because KEDA, Workforce Development, National Center for Manufacturing Sciences, and Olympic College, along with a host of strategic partners facilitated a response to industry needs." John Powers also commented on the importance of good partnerships, "We are honored to have played a role in helping Omohundro choose Kitsap as the location for their facility. Economic development is done by partnering .with agencies and resources in the community and this is an example of just that. KEDA counts itself fortunate to partner with the cities, county, Olympic College, Olympic Workforce Development Council, WA Department of Commerce, Governor's Office of Aerospace and others to make this a welcoming and prosperous business climate. "The Board and staff of KEDA have worked hard to demonstrate that Kitsap County is a strong economic player in the Puget Sound Region. Omohundro's decision to relocate here is positive proof that we have the workforce assets and business-friendly environment to attract great aerospace companies to our County," notes KEDA Board of Directors Chair, Julie Tappero. For more information on Omohundro, visit www.omohundro.com For more information on Kitsap Economic Development Alliance, visit www.kitsapeda.org For more about living and working in Kitsap, visit www.kitsapconnected.org For more information on the Olympic College Air WA program, visit www.olympic.edu/WFDBS/WFD/Air WA The Kitsap Economic Development Alliance(KEDA)is a private nonprofit 501(c)(6)corporation providing client-based professional business and economic development services. Founded in June 1983,our goal is to attract and retain jobs and investments in Kitsap County that generate wealth,enhance the quality of life and embrace future generations. OA'T'H OF OFFICE STATE OF WASHINGTON COUNTY OF KITSAP I, Todd Byers solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the position of Police Officer, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. l dd Byers Subscribed and swo o be e me this 20th day of August, 2014. ,.;-7 ' r•' �+.',`Vit, Sign re of Official Administering the Oath '� W , Fafa#41t.R; •.r•it y `f $. F k.• B Mel Municipal Court Judge James Docter OATH OF OFFICE SERGEANT PROMO'T'ION STATE OF WASHINGTON COUNTY OF KITSAP I, Ryan Heffernan solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the newly promoted position of Police Sergeant, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. Ryan Heffe na Subscribed and sworn to me this 20thday of August, 2014. Signatu of Official Administ e Oath Bre rton Municipal Court Judge James Docter - K. �j I THE CITY OF PRIDE AND OPPORTUNITY Mayor Patty Lent mayor@ci.bremerto' n"Twa�us' Tel 360473-5266 Fax 360-473-5883 345 6th Street,Suite 600 Bremerton,WA 98837-1873 Proclamation WHEREAS, lung cancer affects over 370,000 Americans each year and every five minutes a woman in the United States is told she has lung cancer; and WHEREAS, COPD, also known as emphysema and chronic bronchitis, is the third leading cause of death in the United States; and WHEREAS, asthma is a lung disease that makes breathing difficult for millions of Americans, both young and old; and WHEREAS, advocacy and increased awareness will result in more and better treatment for people with lung cancer, COPD, asthma and other lung diseases and will ultimately save lives; and WHEREAS, air pollution poses a serious threat to our nation's health; and WHEREAS, Ride Around The Sound will raise critical funds and awareness for the American Lung Association in Washington-, NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, do hereby proclaim the month of September 2014 as American Lung Association in Washington and Ride Around The Sound Month and 1 encourage citizens, government agencies, private businesses, nonprofit organizations, and all other interested groups to join in activities that will increase awareness on how to improve the quality of our air, improve lune health and prevent lung disease. Signed this 20'x' day of August. 2014 Mayor Pat - -ent ,� ,� s' ' ;.'�- a ; rr� � � r � '�:_ _ — �` '' _ , ;;, � � ��i �� ,� �� . �� t.�� ,� �, �_ � . �� - .� r._S.r��. � 'r �� -� -,g �, .r � i .rte--�. �� "'' _ - �' ,, �� .; ,� � �� {. f �. y� , i _ __ � � ��- � , - , ''�t �- .�,� - - � � -��1. _ �� ,tom � _ = '�� - � , •.;jr_' _ :,� r. -r BREMERTON ROTARY FOUNDATION PRESENTS THE 25th ANNUAL ON THE BOARDWALK AUG 30 &31 SEP 1 DOWNTOWN BREMERTON WATERFRONT, WASHINGTON Kitsap Sun, Coca-Cola, Suquamish Clearwater Casino, Convergence Technologies, Inc., Hampton Inn Suites, OneEach Technologies, For More Blackberry Bremerton Bar & Grill, Propel Insurance, Diamond Parking Service, Festival Information Avantage Nissan, Fred Meyer, Kitsap Credit Union, Lewis Funeral 360.377.3041 Home and NW Commnet. Special Thanks to the City of Bremerton, www.BlackberryFestival.org Port of Bremerton, Waste Management and Comcast. KITSAP AEROSPACE AND DEFENSE ALLIANCE Farnborough Airshow July 14-18, 2014 Economic Development Mission Synopsis PUBLIC PARTNERS: (Team: Charlotte Garrido, John Powers and Tim Thomson) US CONGRESSMAN Derek Kilmer 1. Show Specifics: PORT OF BREMERTON a. Number attending: 6,000+; Largest International Airshow behind Paris COMMISSIONERS: 2. Mission Objectives: 'Larry StokesAxel a. Understand dynamic trends of the aerospace industry Roger tZabinski' b. Market Kitsap strengths to aerospace businesses at 2014 Farnborough Air Show(FAS) C. Network KITSAP COUNTY i. State delegation. Develop relationships with Washington State Department of j COMMISSIONERS: Commerce staff and 40 member WA state FAS delegation. Champion Kitsap's *Charlotte Garrido aerospace and defense assets and attributes(Proximity to 1-5 Corridor, SKIA, BNA, Robert Gelder Linda Streissguth OC's Air Washington programs and expanding manufacturing base,skilled workforce) ii. Businesses. Cultivate relationships that will may lead to future businesses in Kitsap *Mayor Patty Lent iii. International. Re-enforce relationships established at 2013 PAS Bremerton 3. Significant Events: Mayor Tim Matthes a. Pre-reception for delegates in Seattle Port Orchard b. Tour UK National Composites Center in Bristol c. Opening reception for the Washington delegation `also Steering Committee d. Boeing 787-9 tour e. UK Nuclear Industries Association reception KADA: f. Canadian Consulate Reception g. 18 Business Development Meetings with prospective aerospace businesses or defense Co-CHAIRS: contractors (Northrop Grumman, Lockheed Martin, Raytheon, L3, UTC, RUAG,etc.) Tim Thomson 4. Significant Participants: Captain,USN(ret) a. Governor Inslee and personal staff John Powers b. Brian Bonlender; Director Washington State Department of Commerce(Commerce) Executive Director c. Alex Pietsch; Director, Governor's Office of Aerospace Kitsap Economic d. Mark Calhoun; Managing Director for International Trade Development, Commerce Development Alliance e. Dale Peinecke; Commissioner with Washington State Employment Security STEERING commlrrEE: f. EDC directors from Kitsap, Pierce, Snohomish,Grant and Spokane Counties g. Robert Uptagrafft; Executive Director with the Pacific Northwest Aerospace Alliance Steve Bonkowski h. Mary Kay Bredeson; Executive Director,Washington Center of Excellence for Composites Ret.Aerospace Executive Bainbridge Island i. 10 State Aerospace Private Businesses City Council Member 5. Mission Results: Objectives met! Kathy Cocus a. Understand dynamic trends in aerospace Dir.Business Development b. Market Kitsap strengths Kitsap Economic c. Network and Receptions Development Alliance d. Formal Meetings Steve Garfein 6. Advocacy: KADA delegation presented local aerospace business proposals to international market RPM Systems 7. Follow-Up Action Jim Rothlin a. Letters sent to all principals of businesses KADA delegation interacted with Port of Bremerton,CEO b. Specific action required to advance most promising leads(3) Ted Weiss i. Project Aero 2014(primary lead)site visit July 29, 2014 Ret Aerospace Engineer c. Attend Paris Air Show in 2015 Kitsap4312 Way#11:03, Bremerton, _360.377.949_,,1r,' www.kitsapaerospace.com 2nd Quarter Economic Development Activity Report KITSAP ( ALLIANCE ECONOMIC City of Bremerton DEVELOPMENT April 1, 2014—June 30, 2014 Kitsap County Performance Roll-Up Q2 Total 2014 Business Retention& Kitsap Company Visits/Presentations 20 44 Expansion Number of Companies Assisted(includes PTAC) 35 79 Number of Companies Referred 7 21 Number of Companies Closed 0 0 Number of Custom Reports 10 25 Jobs Represented(if known) 4,310 Jobs Lost 0 0 Business Recruitment Number of Companies Contacted 12 33 New Cases 3 8 Continuing Cases(from previous quarters) 1 Cases Discontinued or Lost 1 2 Trade Shows Attended 2 5 Number of(new)Companies Visiting Kitsap 0 0 Number of Companies Recruited(committed) 0 0 Potential Jobs—open cases 710 Economic Research& Custom Reports,Demographics&Real Estate 30 77 Inquiries Unique Visitors to KEDA Website 6,871 10,959 KEDA Originated Studies&Reports 9 19 Community Relations Events(sponsored,co-sponsored or hosted) 11 15 Speeches&Presentations 13 27 New Social Media Followers 73 236 KitsapConnected:all videos total views 574 1,232 E-News&Print Communications(Incl.PR,Columns) 29 71 20/20 Business Climate Workforce&Education ✓ Chair of Olympic College Workforce Development Advisory Committee Policy&Initiatives ✓ Participating member of Olympic Workforce Development Council ✓ Participating member of OC President's Advisory Council Transportation& ✓ Participating director of Economic Development District board Infrastructure ✓ Participated in regional and local transportation policy discussions Small Business Support ✓ PTAC(Procurement Technical Assistance Center)classes— (see list under Recruitment and BRE additional activities) ✓ Site visits(ongoing)to learn more about Kitsap companies and provide assistance as needed ✓ Referrals to partners for additional assistance as indicated per case ✓ Team member for Kitsap Business Forum planning(monthly events) Financing&Incentives ✓ Identify resources in KEDA e-newsletters, FaceBook and Twitter posts Government as a Partner ✓ Continued participation and presentations to Kitsap Regional Coordinating Council Industry Focus ✓ PTAC(Procurement Technical Assistance Center)classes ✓ One-on-one PTAC counseling in KEDA office ✓ Co-Chair Kitsap Aerospace and Defense Alliance ✓ Initial member of Washington Aerospace Partnership Board of Directors ✓ Participation in regional Defense Partnership discussions ✓ Member of Kitsap Food Policy Council Collaborative Marketing ✓ Continued#KitsapConnected Digital Ambassador program ✓ KADA website and social media updates 1 Cumulative totals not applicable as data may duplicate from one quarter to another Page 1 1 ECONOMIC 2nd Quarter Economic Development Activity Report KITSAPCity of Bremerton DEVELOPMENT ALLIANCE April 1, 2014—June 30, 2014 Assistance and Inquiries by Location Type of assist Bainbridge* Bremerton * Kitsap County Port Orchard* Poulsbo BRE/PTAC 9 24 24 9 12 Recruitment 11 19 15 14 13 Inquiries&Reports 13 15 11 10 10 TOTALS 33 58 5o 33 35 *Indicates within city limits KEDA 2013 Annual Report �.�] 70 KitsapEDA.org Kitsap 2014 Economic... _ i 79 2013 Top Employers 112 Top Downloads OC Job Fair Flyer L21 Q2 2014 2014 Keyport Industry Day WA State Rail Map Seaport-e Info NAVFAC Prime contractors 8 2014 KEDA work plan 205 Capability Statements... 691 0 100 200 300 400 500 600 700 800 BUSINESS ATTRACTION ACTIVITY D. Code Name Industry D. tails Started 611912014 Project GH Business Services 02 2014:lead from KEDA board member;contact made re possible expansion site;meeting set for mid-July 611712014 Project Training Business Services Q1 2014:Client has established ties to industry training and has plans to grow business and set up new location in Kitsap(currently lives in Belfair). Provided info on funding as requested. 611012014 Project Selector Aerospace 02 2014:Provided SKIA info for DOC to take to site consultant show 511612014 Project Delta Aerospace Q2 2014:manufacturer of aerospace and oil industry precision components seeking 80,000 SF facility(or space to build)on 4-12 acres. Must be within 10-14 miles of major freeway.Submitted 3 sites. 41712014 Project Creative Business Services Established consultant business relocating to Kitsap. Provided details on PTAC services 212512014 Project Prevention Manufacturing Q1 2014:Lead at KADA meeting regarding company seeking expansion manufacturing site. Followed up re KEDA services.Q2 2014:Cong. Kilmer staff notes they are locating at POB Page 12 ECONOMIC 2nd Quarter Economic Development Activity Report KITSAP DEVELOPMENT City of Bremerton ( ALLIANCE April 1, 2014—June 30, 2014 211112014 Project Blue Sky Composites Composite manufacturer seeking 40,000 SF building or greenfield site with 50,000 sf expansion.Access to rail desired.Sent lead to Port of Bremerton, Sent two sites to DOC;awaiting client review Q2 No response from DOC 511012013 Project Aero 8 Aerospace Q2 2013:lead from KADA member;follow up at Paris Air Show re potential expansion to NW Q3:follow up re potential visit in fall;Q4:follow up re MRO related firms in region(research)and tax incentives Q1:follow up with contact regarding status of expansion plans Q2:follow up for connecting at Farnborough OTHER RECRUITMENT ACTIVITY • Sent seven follow up letters from KADA contacts • Contacted companies in advance for meetings at Farnborough Air Show • Continued#KitsapConnected Digital Ambassador Program • Continued Kitsap promotion via news releases,twitter and FaceBook • Attended two (2)trade shows ■ SAME conference ■ Keyport Industry Day • Hosted/coordinated five (5) PTAC Workshops ■ Government Contracting 101 ■ Working as a Subcontractor ■ SBA 8a Workshop ■ PTAC Presentation at Greater Kingston Economic Development Committee workshop ■ Line Cards and Marketing to the Government • Provided support and/or coordination for PTAC related event ■ Keyport Industry Day • Continued updates of KEDA website, KEDA Facebook page, Pinterest boards and KEDA Twitter account BUSINESS RETENTION AND EXPANSION ACTIVITY SITE VISITS/COUNSELING SESSIONS: NOTE:In the following posts, PTAC stands for Procurement Technical Assistance Center Date CodeName Industry • - Stared 6126114 Business services 72 2014:attended 8a workshop Services 55 6118114 Maritime 2 defense Q2 2014:two meetings with defense contractor(HR and project manager);followed up with workforce contacts;corporate housing,PTAC services and community involvement opportunities 6115114 Business services Q2 2014:Client working with PTAC prime;contacted to get them in SAM Services 55 615114 Transportation Transportation Q2 2014:site visit re expansion of services 5129114 Financial business Q2 2014:site visit with special department regarding services;provided referrals for potential client Institution 3 services research 5127114 Consultant 7 consultant Q2 2014:client has a few businesses and interested in selling to the government.Provided info on PTAC as well as SAM 4130114 PTAC 58 Services Q2 2014:attended govt 101 and line card class Page 13 ECONOMIC 2nd Quarter Economic Development Activity Report KITSAP DEVELOPMENT City of Bremerton ( ALLIANCE April 1, 2014—June 30, 2014 4117114 Government 9 government Q2 2014:met with client re marketing strategy and needs 11125113 Healthcare 10 healthcare 04:working with client on possible expansion of other company services to Kitsap Q2 2014:site visit for update on company;follow up required 11120113 Business business Q4:Attended Government Contracting 101 workshop Q2 2014:sent lead for National/guard Services 51 services hotel/food RFP 11120113 Education 5 education Q4:Attended Government Contracting 101 workshop;provided names for potential on-site locations for CTE director meetings Q1:followed up on inquiry regarding SAM and Small Business status; attended Jan'selling to the Navy"workshop q2 2014:meeting re upcoming RFP and best way to respond;follow up meetings re RFP as well as targeted research to support RFP 11120113 Transportation Transportation Q4:Attended Government Contracting 101 workshop q1 2004:sent lead on subcontracting 5 opportunity Q2 2014:signed up for BidMatch 10116113 Real Estate 9 real estate Parking lot owner seeking list of DoD contractors.Created spreadsheet from online database. Also talked with client about PTAC and WOSB Q2 2014:Client seeking details on new ship repair contractor;researched and provided info 7119112 Niche 10 manufacturing Client seeking assistance for larger space to accommodate two other companies who would utilize new products from diversified line. Provided list of potential sites;also follow up on funding options. Aug:Researched permit options for building client interested in purchasing. Referred to DCD.Oct: Client seeking assistance regarding building purchase and power requirements. Q1 2013:Attended Govt 101 workshop;client notes they are moving to Bremerton with purchase of building;will also bring 2-3 other businesses to space with them;thanked KEDA for their assistance re building;Q2 2013:Client seeking info on social media marketing and arts community for new enterprise;followed up with links and contacts for both;client called re new location is up and running with new hires; followed up with news release contact list Q3:provided media list and insight for sending news release on new product line: Q1:Worked with client on news release Q2 2014:attended govt 101 (refresher)and line card class;Mary Jo following up for Woman Owned Small Business designation questions 511IM2 Business services Meeting with client regarding current plans and challenges.Q2 2014:Meeting regarding potential Services 21 partnerships and collaboration 2127112 Financial financial PTAC partner met with Mary Jo regarding services;will work with PTAC program to provide Institution assistance when appropriate June:Met with client and regional leadership re growth expectations Attended PTAC class(partner)Q2 2014:After talking at community meeting,followed up with retrofitting suburbia 9127111 Professional professional PRE 2013:Worked with re business climate,needs and opportunities.Provided assistance via Services 7 services PTAC for registrations and opportunities.Introduced to potential partners/clients. Q1 2013:sent info on relevant outreach opportunities. Q2 2013:New staff member attended govt 101 class.02 2014: talked with client at SAME event;followed up with SAM info and DSBS link 9115111 Healthcare 1 healthcare Met with client regarding business climate and needs.Follow up as directed by client;Oct:follow up visit with client Q2 2013:follow up re growth and business development;q4:follow up re continuing growth Q2 2014:meetings to work on transitions 10112110 Manufacturing manufacturing Site visit with WA Dept.of Commerce and Gov Office staff.Tour of facility and review of challenges 1 with L&I. State following up with liaison contact at L&I to help resolve issues. 2011:Continued follow up.Dec 2011:Site visit with potential subcontractor.Q2 2012:Sent referral for potential business with aerospace OEM;Q3:site visit with electeds to determine needs;sent via partner details on workforce training incentives 04:assistance with PR Q1 2013:Met re current business climate and how KEDA may assist Q3 2013:met re future plans and needs;continued follow up through the quarter Q2 2014:follow up re current growth plans Page 14 ECONOMIC 2nd Quarter Economic Development Activity Report KITSAP DEVELOPMENT City of Bremerton ( ALLIANCE April 1, 2014—June 30, 2014 6127110 Defense 5 defense Prior to 2012:PTAC client seeking contract assistance.2012:Met with client regarding new proposal and provided input. June:sent email re upcoming Walsh construction bid seeking subs;Aug: Assisted client with Navy contracting questions Continued PTAC assistance Q1 2013:Sent info on prime outreach event;Worked with client on FAR interpretation and efficiencies on contracts Q2 2013:reviewed solicitation as requested to provide info for decision to bid or not Q3:worked with client on line cards and marketing;also advised re outreach for new business in Q4:met with NAVFAC small business officer at KEDA offices;provided input on marketing plan;client requested assistance on working contracting officers Q1 2014:review with client new teaming definitions;also reviewed sole source options Q2 2014:worked with client re labor questions and rights of contractor officer to change contract 1112110 Professional professional PTAC client 2012:Attended Kiewit Outreach event for EHW2;sent email re upcoming Walsh Services 1 services construction bid seeking subs Attended Keyport Industry Day;counseled re business succession (2010) planning Q1 2013:attended"selling to the Navy"workshop;met with Mary Jo for general session; referred client to regional transportation center for small business cert Q3:Met for follow up on status;reviewed talent needs;Q4:follow up on business plan and future growth Q12014:Sent client info on new WA State Small Business certification in response to prior inquiry Q2 2014:new staff member attended Govt 101 and line card class;follow up with client re bidmatch and marketing/research;made arrangements for intro to Whidbey Island small business folks;Introduced to prime contractor OTHER BRE ACTIVITIES: • Continued#KitsapConnected Digital Ambassador Program • Continued Kitsap promotion via news releases, twitter and FaceBook • Presentations to business owner groups ■ Kitsap Young Professionals ■ BE$T • Coordinated three (3) Greater Kingston Economic Development Committee workshops • Helped coordinate three (3) Kitsap Business Forums • Hosted/coordinated five (5) PTAC Workshops ■ Government Contracting 101 ■ Working as a Subcontractor ■ SBA 8a Workshop ■ PTAC Presentation at Greater Kingston Economic Development Committee workshop ■ Line Cards and Marketing to the Government • Provided support and/or coordination for PTAC related event ■ Keyport Industry Day • Continued updates of KEDA website, KEDA Facebook page, Pinterest boards and KEDA Twitter account Page 15 8A AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: August 20, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 359474 through 359980 and EFT's 14075 through 14119 in the amount of $2,397,011.32. 2) Regular Payroll for the pay period ending July 31, 2014 in the amount of$15,424.94. 3) Regular Payroll for the pay period ending August 15, 2014 in the amount of$716,532.42. ATTACHMENTS: FISCAL IMPACTS (include Budgeted Amount): STUDY SESSION AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ® Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve consent agenda as presented. COUNCIL ACTION: El,Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL BIB CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting— Study Session Date: N/A August 6, 2014 COUNCIL MEETING Date: August 20, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on August 6, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z 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 6, 2014 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, August 6, 2014, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Members Dino Davis and Eric Younger were absent. Also present were City Attorney Roger Lubovich; 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 Pastor Eric Roberts of New Life Assembly of Bremerton. MAYOR'S REPORT —Mayor Patty Lent... • Brought forward Lon Howard from the Bremerton Central Lions Club to introduce this year's three exchange students from Bremerton's Sister City, Kure, Japan, as well as their host families; • Proclaimed Saturday, August 2, 2014 as USS RANGER Day in Bremerton; • Announced Canterbury Manor's 201h Anniversary Open House also this Friday from 10:00 AM to 4:00 PM at 703 Callahan Drive; • Parks Department BBQ Saturday, August 8 from Noon to 5:00 PM at Kiwanis Mayfield; • Wine Festival on August from 2:00 to 9:00 PM at Fountain Park; • Bremerton Goodwill free classes; • Annual Fall Fair on September 7 10:00 AM to 6:00 PM • Kitsap Bank and F.R.O.G Soap were among the semi-finalists for the edg3 Fund Small Business Competition; • National Root Beer Float Day on Wednesday, August 6; • Raised garden beds at Haddon park for vegetable gardens that will be harvested for the Food Bank; • Youth Wellness Campus will donate their bounty to Senior's Meals on Wheels; and • Displayed a photo of a group of students that were at the Ribbon Cutting ceremony. PUBLIC RECOGNITION Dianne Robinson former Council Member, was here from Florida visiting for 2-weeks, and has enjoyed seeing all of the progress in downtown Bremerton. Gary Garten read a letter into the record to express his concern with the "12-month rule". Al Duke, Bremerton Fire Chief, thanked the citizens for overwhelmingly passing the EMS Levy (City of Bremerton Proposition No. 1 Emergency Medical Care and Services Tax). CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 359193 through 359473, and EFT-14030 through EFT-14074 in the amount of $1,413,306.29; Regular Payroll for the pay period ending July 15, 2014 in the amount of $731,497.66; Regular Payroll for the pay period ending July 31, 2014 in the amount of $737,200.42; and Retiree Payroll for the pay period ending July 31, 2014 in the amount of $54,326.62. 5B— Minutes of Meeting —July 16, 2014 5C— Minutes of Study Session —July 23, 2014 5D— Renewal Agreement with West for Westlaw Research Subscription City Council Reg. Mtg. Minutes Wednesday, August 6, 2014 Page 2 of 4 5E— Reclassification of the Environmental Technician to a NPDES Stormwater Permit Coordinator; and Wage Grade Adjustment from Grade 15 to Grade 17 5F— Award Contract for Construction of the Pavement Preservation Project (Chip Seal) 5G — Award Contract for Construction of the Pavement Preservation Project (Overlay) 5H— Supplemental Agreement No. 1 to amend Contract with Parametrix, Inc. for Construction Management of the Pavement Preservation Projects 51— Public Work Agreement with King County Directors Association (KCDA) for Drainage Improvements to Pendergast Regional Park Ball Field No. 1 5J — Grant Agreement with Washington State Department of Ecology (DOE) Coastal Protection Fund for Evergreen Rotary Park Renovation Project 5K— Change Order No. 2 to Contract with Pivetta Brothers Construction, Inc. for Evergreen Rotary Park Renovation Project 5L— License Agreement between the City of Bremerton and US Navy regarding construction of the Burwell Pedestrian Access Gate and Tunnel John Larson referred to Items 5F and 5G to express his concern that the City Engineer's estimate was considerably lower than the lowest bid received. Chal Martin, Public Works Director, responded that the estimate was put together by Parametrix following the process and using the latest bid information. 06:02:35 Motion was made by Runyon and seconded by Daugs... Questions and comments were provided by Runyon and Daugs; with responses provided by Mr. Martin and Wvn Birkenthal, Parks& Recreation Director... 06:04:52 M/S/C/U (Runyon/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 6A—AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH THE KITSAP HUMANE SOCIETY: Roger Lubovich, City Attorney, summarized that the Amendment No. 1 to the Professional Services Agreement with Kitsap Humane Society reduces the monthly compensation to the Contractor, authorizes the Contractor to retain all licensing fees, and makes other related changes. Eric Stevens, Executive Director, Kitsap Humane Society, discussed the benefits of Kitsap Humane Society's Pet Licensing Program for the City of Bremerton; the Licensing Marketing Plan; and the Key Messages to Promote Licensing to Pet Owners. Brian Brewer asked if the Kitsap Human Society was a "no kill" shelter. Mr. Stevens provided a response, stating that they do everything they can to avoid euthanizing an animal. 06:13:30 Motion was made by Sullivan and seconded by Daugs... Questions and comments were provided by Runyon and Daugs; with responses provided by Mr. Stevens... 06:17:28 M/S/C/U (Sullivan/Daugs) Move to approve Amendment No. 1 to the Professional Services Agreement with Kitsap Humane Society to provide animal control services; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 66—ORDINANCE NO. 5253 AMENDING SECTION 7.10.010 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "IMPOUNDING. REDEMPTION, AND DISPOSITION OF PETS AND/OR LIVESTOCK": Roger Lubovich, City Attorney, stated that the proposed ordinance amends Section 7.10.010 of the Bremerton Municipal Code (BMC) entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock" to remove impound and boarding fees from Chapter 7.10 BMC. The fees are re- established by resolution in the City Rate and Fee Schedules. City Council Reg. Mtg. Minutes Wednesday, August 6, 2014 Page 3 of 4 There were no comments or questions from the public... 06:19:05 Motion was made by Daugs and seconded by Sullivan... Questions and comments were provided by Runyon; with responses provided by Mr. Stevens and Mr. Lubovich... 06:20:53 M/S/C/U (Daugs/Sullivan) Move to pass Ordinance No. 5253 amending Section 7.10.010 of the Bremerton Municipal Code entitled "Impounding, Redemption, and Disposition of Pets and/or Livestock". 6C—ORDINANCE NO. 5254 CREATING CHAPTER 5.12 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "TAXICABS": Roger Lubovich, City Attorney, explained that current provisions of the Bremerton Municipal Code do not provide for adequate regulations for taxicab services. The proposed ordinance creates a new chapter of the Bremerton Municipal Code relating to the regulation of taxicabs. Mr. Lubovich also explained that this ordinance was modeled after an ordinance used in the City of Port Orchard, and will most likely need to be amended after about 6-months. Comments from the public were provided by:Jane Rebelowski; Robert Parker, Brian Brewer,Joe Simoni; Joe Terlouw of Jess Express Taxi, Del Mueller, Charlotte Jaber; Chris Lewandowski; Sukhwinder "Sonny"Singh of Harborside Taxi,and Brandon Czuprinsky of Viking Taxi, with responses provided by Mr. Lubovich, and Police Lt. Olan, 06:55:45 Motion was made by Daugs and seconded by McDonald... Questions and comments were provided by Daugs, Runyon, Sullivan, McDonald, and Wheeler; with responses provided by Mr. Lubovich, Mayor Lent, and Police Chief Steve Strachan... 07:05:10 A-M (Runyonn Amending Motion to remove Item (10) under 5.12.170(b); and Items (8), (9), (10), and (11) under 5.12.170(c) Amending Motion died for lack of a second... 07:07:25 A-M (Runyonn Amending Motion to remove the age requirement in Item (2) under 5.12.110(b). Amending Motion died for lack of a second... 07:37:38 M/S%C (Daugs/McDonald) Move to pass Ordinance No. 5254 creating Chapter 5.12 of the Bremerton Municipal Code entitled "Taxicabs". Voted in favor of the Motion: Sullivan, Daugs, McDonald, Wheeler Voted opposed to the Motion: Runyon Motion carried: 4-Yes; 1-No 6D— RESOLUTION NO. 3228 AMENDING RATE TABLE A(FINANCIAL SERVICES) AND RATE TABLE D (POLICE DEPARTMENT) FOR SERVICES RELATED TO ANIMAL CONTROL AND TAXICABS: Roger Lubovich, City Attorney, stated that the proposed resolution amends and re- establishes rates and fees for services related to animal control and fees related to taxicabs. There were no comments or questions from the public... 07:39:26 Motion was made by Sullivan and seconded by Daugs... Questions and comments were provided by Sullivan, Runyon; with responses provided by... 07:41:05 M/S/C/U (Sullivan/Daugs) Move to pass Resolution No. 3228 amending Rate Table A (Financial Services) and Rate Table D (Police Department) for services relating to Animal Control and Taxicabs. Voted in favor of the Motion: Sullivan, Daugs, McDonald,.Wheeler Voted opposed to the Motion: Runyon Motion carried: 4-Yes; 1-No City Council Reg. Mtg. Minutes Wednesday, August 6, 2014 Page 4 of 4 COUNCIL MEMBER REPORTS Mike Sullivan announced the next Lions Park Beach Clean Up event will be Saturday, August 23 at 10:00 AM and volunteers are still needed to "Adopt a Beach"; was pleased at the turnout for his first District 1 Community Meeting held last week on July 31; and enjoyed the opportunity to cruise on the USS Howard during the Seafair Parade of Boats, as well as the reception on the USS Essex; Leslie Daggs; announced that the East Bremerton Branch for Kitsap Bank will be hosting a Grand Opening on Friday, August 8 from 10:00 to 11:00 AM; was pleased that Pawzii,. Inc. and F.R.O.G Soap were among the semi-finalists for the edg3 Fund Small Business Competition; invited seniors to attend Canterbury Manor's 20th Anniversary Open House also this Friday from 10:00 AM to 4:00 PM at 703 Callahan Drive; also announced that Super Supplements will be hosting a 20th Anniversary Celebration on August 9 from 9:00 AM to 2:00 PM at 3324 Wheaton Way; welcomed the next Summer Cruise on August 15 from 5:00 to 8:00 PM beginning from the Perry Avenue Mall; and encouraged the public to support local charities by participating in a Community Walk during the Blackberry Festival on September 1 at 10:00 AM beginning on the Louis Mentor Boardwalk near the ferry dock. Jerry McDonald welcomed Bicycle-Works bike shop in Manette; announced the next Music in Manette Concerts on August 7 featuring Boy Blue and the Moon and on August 14 featuring The Malo Combo; announced Rock the Dock Concerts on August 8 featuring Fly Paper and on August 15 featuring Loading Gear& Afton Prater, and announced that Manette Fest will be on September 6 from 10:00 AM to 4:00 PM with booths still available. He was also pleased to announce the Horse & Cow now has outdoor seating and a full menu; and Sweet & Smokey will open after one final inspection. Roy Runyon thanked all candidates who ran for office but reminded all those who were no successful to please remove their campaign signs. Greg Wheeler announced the Community Mental Health Awareness BBQ on Sunday, August 9 from 1:00 to 5:00 PM at Kiwanis Park. President Wheeler announced that the Transportation Benefit District (TBD) Board would be meeting after a brief recess and that an Exempt Closed Session to discuss "Labor Negotiations" per RCW 42.30.140 (4)(b)would be held following the adjournment of the TBD Meeting with no action anticipated. With no further business, President Wheeler adjourned the Council Meeting at 7:55 PM. Prep d and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL co CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeoeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Minutes of Study Session— Study Session Date: N/A August 13, 2014 COUNCIL MEETING Date: August 20, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on August 13, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: Z 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 13, 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 13, 2014, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Leslie Daugs, and Mike Sullivan. Council Members Eric Younger and Jerry McDonald were 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 August 20, 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. Confirm Reappointment of Tony Clements to the Bremerton Housing Authority Board of Commissioners (Consent Agenda) 2. Confirm Appointment of Anna Laurie to the Bremerton Housing Authority Board of Commissioners (Consent Agenda) 3. Goods and Services Agreement with H.D. Fowler Company for Purchase of Water System Pressure Regulating Valve (Consent Agenda) 4. Proposed Public Hearing on ordinance to vacate a portion of the alley located south of Burwell Street and east of Chester Avenue for the Bremerton Police Department (Public Hearing) 5. Proposed Public Hearing on ordinance to vacate the south half of Home Street between Winfield Avenue and the alley to the west (Public Hearing) 6. Proposed Public Hearing on ordinance to vacate a portion of Chester Avenue and dedicate Broadway Avenue, both actions between 16th and 18th Streets (Public Hearing) 7. Proposed Public Hearing on ordinance to vacate a portion of the south half of 91h Street between Pitt Avenue and Shore Drive (Public Hearing) 8. Professional Services Agreement with HDR, Inc. for the Sewer Grit Study and Oyster Bay Sewer Pre-design Report (Consent Agenda) 9. Consultant Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc. for the Lower Wheaton Way (Bridge to Bridge Trail) Project (Consent Agenda) 10. Renewal of PackageCARE©Agreement with Ingersoll-Rand Company for Warranty and Maintenance of Fountain Compressors (Consent Agenda) 11. Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners; and 2014 Budget Amendment (General Business) 12. [Quasi-Judicial] Hearing on resolution regarding recovery of fees for abatement costs on the property located at 233 Elm Street (Public Hearing) B. BRIEFINGS & FULL PRESENTATIONS 13. Ordinance 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 (General Business) City Council Study Session Minutes Wednesday, August 13, 2014 Page 2 of 2 14. Proposal to rename the South Kitsap Industrial Area (SKIA) to the "Puget Sound Industrial Center - Bremerton" (General Business) 15. Lodging Tax Advisory Committee Funding Recommendations (Information Only) C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (8/5/14 Meeting) — Dino Davis, Chair o Public Safety and Parks Committee Briefing (8/13/14 Meeting)— Leslie Daugs, Chair o Other General Council Business was discussed. President Wheeler announced that Council Members would meet for a 15-Minute Executive Session to discuss "Pending Litigation" per RCW 42.30.110 (1) (i). After two 5-Minute extensions, the Executive Session was concluded...No action was taken. With no further business, President Wheeler adjourned the Council Study Session at 7:55 PM. Prepared and Submitted by: CHRISTINE G ENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL 8D CITY OF BREMERTON CITY COUNCIL SUBJECT: Confirm reappointment of Tony Study Session Date: August 13, 2014 Clements to the Bremerton Housing COUNCIL MEETING Date: August 20, 2014 Authority Board of Commissioners Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: Tony Clements, Tenant Commissioner, term on the Bremerton Housing Authority Board of Commissioners will expire on 11/4/14. It is recommended he be reappointed to the Board for another two year term. ATTACHMENTS: Tony Clements application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the reappointment of Tony Clements on the Bremerton Housing Authority Board of Commissioners. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL 81E CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Confirm appointment of Anna Study Session Date: August 13, 2014 Laurie to the Bremerton Housing Authority COUNCIL MEETING Date: August 20, 2014 Board of Commissioners Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: Sharon Shrader's term on the Bremerton Housing Authority Board of Commissioners will expire on 10/19/2014. It is recommended the vacancy be filled by Anna Laurie. ATTACHMENTS: Anna Laurie's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: px Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of Anna Laurie to fill the vacancy on the Bremerton Housing Authority Board of Commissioners. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL OF CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Purchase of Water System Study Session Date: August 13, 2014 Pressure Regulating Valve COUNCIL MEETING Date: August 20, 2013 Department: Public Works & Utilities Presenter: Kathleen Cahall, Water Resources Manager Phone: 473-2315 SUMMARY: Automatic control valves are critical system components for maintaining adequate pressure and flows. This new pressure regulating valve (PRV)will replace an older obsolete PRV installation on Imperial Way. The new installation will provide more reliable pressure control and can be better secured than the current configuration. Additionally, employee safety will be enhanced with more working space and a lighter-weight vault lid. Low bid was H.D. Fowler. ATTACHMENTS: 1) Goods and Services Agreement; 2) Exhibit A; and 3) Exhibit B FISCAL IMPACTS (Include Budgeted Amount): The purchase cost of this package PRV is $42,641.59 including tax. This project was budgeted in the Water Utility Capital Improvement Plan. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the goods and services agreement for H.D. Fowler Company in the amount not-to-exceed $43,000.00 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 GOODS AND SERVICES AGREEMENT THIS AGREEMENT is entered into between the City of Bremerton,a Washington Municipal Corporation("City"),and H. D. Fowler Company,("Vendor"),whose mailing address is:4303 State Highway 3W,Bremerton,WA 98312. The parties agree as follows: 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City:Provide Pressure Reducing Valve(PRV)as described in the attached"GCS Package Type Control Valve Station"incorporated herein as Exhibit A and Drawing#11892-51 incorporated herein as Exhibit B. 2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods,materials and services within 90 calendar days from the date all parties have signed this Agreement. 3. COMPENSATION. The City shall pay the Vendor the total amount not to exceed$43,000,including applicable Washington State Sales Tax,for the goods,materials and services contemplated in this Agreement. A. Defective or Unauthorized Work. The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods,materials or services. If Vendor is unable,for any reason,to complete any part of this Agreement, the City may obtain the goods,materials or services on its own or from a third party,and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees,incurred by the City beyond the maximum Agreement price specified above. The City further reserves its right to deduct the cost to complete this Agreement,including any Additional Costs,from any and all amounts due or to become due the Vendor. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense,and shall be responsible for all payments of income tax,social security, state disability insurance compensation,unemployment compensation,and all other payroll deductions for the Contractor,officer,agents, employees and sub-contractors. The Contractor shall also secure all applicable business licenses,if required,in connection with the contract services,including all required licenses for Contractor's officers,agents,employees and sub-contractors. 5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause"shall include,without limitation,any one or more of the following events: A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to complete this Agreement within the time specified in this Agreement. C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendor's failure to complete with federal,state or local laws,rules or regulations. E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this Agreement for good cause,the Vendor shall not receive any further monies due under this Agreement 1 until the goods,materials and services required by this Agreement are completed and fully performed by the City or a third party of the City's choosing. 6. CHANGES. The City may issue a written change order for any change in the goods,materials or services to be provided during the performance of this Agreement. If the Vendor determines, for any reason,that a change order is necessary,Vendor must submit a written change order request to an authorized agent of the City within fourteen(14)calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's costs or time for performance,the City will make an equitable adjustment. The City will attempt,in good faith,to reach agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed,the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work.If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work;however,the Vendor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Vendor. if the Vendor disagrees with anything required by a change order,another written order,or an oral order from the City,including any direction,instruction,interpretation,or determination by the City,the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen(14)calendar days with a written statement that provides the following information: a. The date of the Vendor's protest. b. The nature and circumstances that caused the protest. C. The provisions in this Agreement that support the protest. d. The estimated dollar cost,if any,of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Vendor's records needed for evaluating the protest. The City will evaluate all protests,provided the procedures in this section are followed. if the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Vendor's Duty to Complete Protested Work. In spite of any protest,the Vendor shall proceed promptly to provide the goods,materials and services required by the City under this Agreement. C. Vendor's Acceptance of Changes. The Vendor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct,indirect and consequential costs,including costs of delays related to any work,either covered or affected by the change. 2 D. Failure to Protest Constitutes Waiver. By not protesting as this section provides,the Vendor also waives any additional entitlement and accepts from the City any written or oral order(including directions,instructions,interpretations,and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions,instructions,interpretations,and determination). 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen(14)calendar days of the occurrence of the events giving rise to the claims. Any claim for damages,additional payment for any reason,or extension of time,whether under this Agreement or otherwise,shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement;or, if(and only if)no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date Vendor knew,or should have known,of the facts giving rise to the claim. At a minimum,a Vendor's written claim must include the information set forth regarding protests in Section 6(A)(2)(a)-(e). FAILURE TO PROVIDE A COMPLETE,WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must,in any event,file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven(7)calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction. 9. INDEMNIFICATION. Vendor shall defend,indemnify and hold the City,its officers,officials,employees,agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City,its officers,officials,employees,agents and volunteers,the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. 3 IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement,insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor,its agents, representatives,employees or subcontractors. Before beginning work on the project described in this Agreement,the Vendor 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$2,000,000 aggregate for personal injury,bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual;products/completed operationsibroad form property damage;and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an`occurrence"basis except professional liability insurance(if required),which shall be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies. The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insurer's liability. The Vendor's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Vendor to advise the City's Risk Manager by fax at(360)473-5161,or by certified mail,return receipt requested to City of Bremerton,attn: Risk Management,345 6`h 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. 4 11. MISCELLANEOUS. A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor,by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent. B. Conflict and Precedence. In the event of a conflict between the contract documents,the document which rates higher on the following list shall take precedence: 1. Addenda,if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Contractor's proposal. C. Documents Incorporated by Reference. The following documents are incorporated by reference,to include,but not be limited to: 1. Terms and Conditions, 2. Specifications, 3. Proposal,and 4. Non-Collusion Affidavit. D. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation,national origin,or the presence of any sensory,mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates. E. Compliance with Laws. Vendor shall comply with all federal, state and local laws,rules and regulations throughout every aspect in the performance of this Agreement. F. Work Performed at Vendor's Risk. Vendor shall take all precautions necessary and shall be responsible for the safety of its employees,agents,and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own risk,and Vendor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work. G. Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Washington.If any dispute arises between the City and Vendor tinder any of the provisions of this Agreement,resolution of that dispute shall be available exclusively under the jurisdiction,venue and rules of the Kitsap County Superior Court, Kitsap County,Washington. H. Attorney's Fees. In any claim or lawsuit for damages arising from the parties'performance of this Agreement,each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this 5 Agreement. 1. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective upon delivery,but in any event three(3)calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. 6 Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn: H.D.Fowler Company Attn: K.Cahall 4303 State Highway 3 W Water Resources Division Bremerton,WA 98312 City of Bremerton 100 Oyster bay Ave. N Bremerton,WA 98312 J. Assignment. Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. K. Modification. No waiver,alteration,or modification of any of the provisions of this Agreement shall be binding wiless in writing and signed by a duly authorized representative of the City and Vendor. L. Severability. If any one or more sections,sub-sections,or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect. M. Entire Agreement. The written provisions and terms of this Agreement,together with any attached Exhibits,supersede all prior verbal statements by any representative of the City,and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevail. IN WITNESS WHEREOF,the parties below have executed this Agreement. VENDOR: CITY: City of Bremerton By: By: Print Name: Print Name: Its: Its: Date: Date: APPROVED AS TO FORM: By: Bremerton City Attorney ATTEST: By: City Clerk 7 EXHIBIT A GCS PACKAGE TYPE CONTROL VALVE STATION PART1 GENERAL 1.1 Scope A. Work covered in this section includes furnishing, start-up, and operation training for a package type Pressure Reducing Valve (PRV) station. B. All equipment specified in this section shall be furnished by G.C. Systems. 1.2 Reference Specifications, Codes, and Standards A. Codes and Standards — Comply with the provisions of the following codes, standards and specifications, except as otherwise shown and specified: AISC — "Specifications for the Design, Fabrication and Erection of Structural Steel for Buildings", including "Commentary of the AISC Specifications" AISC —"Specifications for the Design of Cold-Formed Steel Structural Members" AWS —"Structural Welding Code" B. Welding of Aluminum — Conduct in accordance with Section 10 of the "Specifications for the Design and Construction of Structural Supports for Highway Luminaries", AASHTO, 1971. Welding method shall be either gas tungsten arc or gas metal arc. C. Shop Assembly— Pre-assemble items in the shop to the greatest extent possible, so as to minimize field assembly of units at the project site. Disassemble units only to the extent necessary for shipping and handling limitations. Clearly mark units for re-assembly and coordinated installation. D: Commercial Standards: ANSI B16.5 Pipe Flanges and Flanged Fittings, Steel Nickel Alloy and other Special Alloys. ANSUASME B1.20.1 General Purpose Pipe Threads (Inches). ASTM A 36 Specification for Structural Steel. NEMA ICS 6 1988 (Rev. 1) Enclosures for Industrial Control and Systems. 8 NFPA 70 Current National Electrical Code. SSPC-SP1 Solvent Cleaning. SSPC-SP2 Hand Tool Cleaning. SSPC-SP3 Power Tool Cleaning. SSPC-SP6 Commercial Blast Cleaning. ASTM A 125 Hot Dipped Galvanizing. 1.3 Submittals 1. The submittal shall, as a minimum, include CAD shop drawings to describe and show PRV station construction and materials. 1.4 Information to be Provided 1. O & M manual information in accordance with manufacturer's requirements. 1.5 Quality Assurance A. PRV Station Responsibility and Coordination 1. The Vendor shall cause all equipment specified under this section to be furnished by the PRV station manufacturer who shall be responsible for the adequacy and compatibility of all PRV station components. Any component of the complete PRV station not provided by the manufacturer should be designed, fabricated, tested, and installed by factory-authorized representatives experienced in the design and manufacture of the PRV station equipment specified herein. This requirement, however, shall not be construed as relieving the Vendor of the overall responsibility for this portion of the work. 2. The Vendor shall cause the PRV station manufacturer and its suppliers to coordinate design of the PRV station such that all equipment is compatible and capable of achieving the performance requirements specified herein. B. Design Requirements The PRV station site and cross section arrangement shown on the drawings is based upon the best information available at the time of design and is not intended to show exact dimensions peculiar to any specific equipment unless otherwise shown or specified. It is anticipated that the connected piping and valves shown, in part or in whole, may have to be modified in order to accommodate the specific PRV station furnished. No additional payment will be made for such modifications. All necessary calculations and drawings for any related design shall be submitted to the City for approval prior to beginning the work. 9 1.6 Start-up Services Installation of the package PRV station, including all water connections to the station, will be performed by the City. When the station is ready for operation, the PRV station manufacturer shall provide the services of a qualified technician, who shall review the installation and start-up of the PRV station. The control valve manufacture will have established service department for a minimum of ten years in the local area. 1.7 Warranty The Vendor shall warrant the package PRV station to be of quality construction, free from defects in material and factory workmanship. The PRV station chamber and cover shall be warranted for a period of one (1) year to be free from defects, resistant to rust, corrosion, or physical failures occurring in normal service, when installed in accordance with the manufacturer's recommendations. The interior equipment, valves, piping, and apparatus shall be warranted for a period of one (1) year, excepting only those items normally consumed in service, such as light bulbs, oil, grease, gaskets, or O-rings. The Vendor shall be solely responsible for the PRV station and all related components; warranties, and guarantees by the suppliers of various components will not be accepted. Major components, which fail to perform as specified by the City or prove defective in service during the warranty period, shall be replaced, repaired, or satisfactorily modified without cost of parts or labor to the City. After start-up service has been performed, labor to replace accessory items, or other accessible and easily serviced parts, shall be the responsibility of the City. Such components, parts, or repairs determined to have failed because of defects in workmanship or materials will be replaced or repaired at the Vendor's cost. 10 PART PRODUCTS 2.1 General The package type PRV station shall be a pre-engineered and shop assembled station. It shall include all necessary valves, piping and controls for a complete and operable system as specified and as shown on the drawings and supplemental drawings. The package PRV station shall be constructed by G.C. Systems. The package PRV station shall be delivered to the job site requiring no additional fabrication or similar work, other than placement and connections to supply and discharge pipes necessary for a fully functional unit. Factory assembly of the package station shall include but not be limited to: control valves with isolation valves; inlet and outlet pressure gauges with isolation valves; line strainers, when used with blowdown valves installed; air release valves with isolation valves; %" hose bib with ball valves and vacuum breaker; aluminum access ladder with safety post; couplings to allow easy valve removal; and all needed appurtenances. 2.2 Experience Requirements The package PRV station shall be the product of a manufacturer who has the financial resources, technical qualifications, experience, organization and facilities adequate to design and manufacture package PRV stations of the type specified. The manufacturer shall have a minimum of 10 years experience in manufacturing PRV stations and shall have completed at lease fifty prior successful installations, within the area, of package type PRV stations similar in size and scope to the installation herein specified. 2.3 Station Enclosure Valve Chambers shall be (2) piece pre-cast reinforced concrete H2O load rated with openings to accommodate all piping and mastic for seam. Chamber interior shall be painted with White CS55 sealant to improve lighting. Chamber exterior shall be sealed with Black CS55 sealant or insulated with polyurethane foam as required to provide a watertight enclosure. Chamber shall have provision for 30" manhole frame with cover or access hatch. 2.4 Piping All pipe to be fabricated from schedule 40 steel to AWWA M11 Steel Pipe design Standards. Finished pipe to be sandblasted, epoxy lined and coated with NSF 61 approved epoxy to AWWA C210 specifications. 2.5 Testing and Start-Up After the package PRV station has been installed in the field, the PRV station manufacturer shall furnish competent personnel to start up and test the complete package system. An operational test, 11 simulating service conditions, shall be given to check for leaks in all piping, valves and seals, and all auxiliary equipment. All irregularities shall be corrected to the satisfaction of the Engineer. PART 3 EXECUTION 3.1 Package PRV Station A. The Vendor shall furnish the complete package PRV station, consisting of the PRVs, isolation valves, air release valves, sump pumps, piping, and controls, mounted in a concrete chamber enclosure. B. The package PRV station shall be tested after installation. Testing will be conducted by the manufacturer's representative, and will consist of simulating flow demand requirements by operating a fire hydrant in the system. Normal sequencing of PRVs shall be simulated. 12 m m LEAD-FREE COMPLIANT BILL OF MATERIALS ITEM arry.1 DESCRIPTION X2D• ^ 1 9U-YAL 511 "c2-4BBLSv PRE' E REMXIND V!Lv.0,W ^ ''x'1 1 -1 D � 150 FIINGm.dBkl,CRO 10-75 �.W 101 9'-10" I2 2 9"MUMMER NRS G/•IE VUVIE,150/FLAWED 3 2 S"NCTAULIC 07 COUPLING ' e •ti 4 1 AE 3192 65)CUSTOM PRE CESf CONCRETE CHANSEP 9 10 3"I1 6 2• 16 1 )B 0 •2 17 I1 3 10 B ^ •1,RE(195INTEMR B 81ACN EXTERCR SEALANT 3 1 2121 ROOF SLAB W/SB'M"ALLAIINUM IM70X JF T. 14-20 OCCASIONAL LOADING B B B ApA15TAaur GALV STEEL SADDLE PIPE SIRF10RI$ • DDTLET 7 1 ALLNINIIY LADDER W/SAFETI'PAST(SHIPPED LOOSE) INLET % f •. 6 1 BL'HOSE BIBB C/W BALL VALVE 0 2 B"15011,F NGED ENDS RUT/dirLET 4' 7Fuust-SMI Plote—11•' — — — — m 2 e'Ls-475 uMr seAL As3veLY e ofanOring BdtR t] ] (Typ t 2) 11 2 vANCE 4�-t eSSLARE GAUD co IwL—VT 16 12 a 7 .elnfolcert Concrete Throat Blacks 12 1 3"WU VAL 20-01 0CSY PRESSURE REWCNG VALVE 9 arc NOt the reaponalblEty of Coda 1501 FIANCm.dBT.CRD 15-751W.W/N101 Daalgned 6 Inc:alhrl 1,r OthEr• 13 2 3'WIELIER MRS GALE VALVC 15Dp FUNGM 14 1S 1 3"CU1-YAL YIJX$7RAINEA ,1 ,1 1 FLANGE C XPf alAW00WN VKYE H 1 0"CU-VAL x4JH SDUYNER 150 FLANGE C/W NPT SLOWDOWN VALVE 4 PLAN tJ 1 1"w RELEASE A'ALVE(VAWNIIC 201C25V) r, 1500x254a •57•q to 127•q R/0 C BNL VALVE Deep Sump c/.(rating 90TH Enda 01 S—P to 1 9"NCT .741 COIPl11iID aW/25 SMlmaaat e' ZZZIZA F" LA6 FABIRFAIED STEEL PPE R FRTINGS 70 BE sc:.A IE W.40 SIEFL PPE FDR SIZES 10 10".AMU 3/0-WNL FOR 12"Wl LARGER. 17 5'- " FLANGES ARE ANS 125/ISD 2 2 11 ALL 2'AND SMA.L H PPE TO BE THREADED ST.NWIESS, STM-COW ES WITH LEAD-FREE SPEOMAMONS 7•-0 5,-r," 11 LES /� TO BE SANDBLASTED.LAA TED.PFJJSION EPOn LINED AND COALED z" 10 i 11 TB ] TO AWWA C-213 Nr0 NSF-6:SRLIFlCRTION. Y 10 B FNSH CGW TIND WILL BE BE EMAMEL 0$"9 O$" WADIMR OIF�IOADWAY-M20 OCCASIONAL LOAD RAIED - - - - Wei ESTNAIED TOTAL WDGNT_IHS ESTWATED HEAVIEST LIFT_LYS. INLET OUTLET ` a e a G V iINco./ — p... 5" TITLE: 8" x 3" PRV STATION ELEVATION 7—�' $" In/out 15Olb Flanged PTm3peilal Way — Bremerton Industrial Park Bremerton, Wo NOTE• DATE- M0y 5/14 CK-0 LE AWD I SHEET 1 OF 1 UlSTOM VAULT/10565(H-20 LDADING) DRAWN; IG DRAWINGNo REV: RIDE DIMENSIONS: SCALE. NTS 11692-51 C 9'10'L e 4't 1"w Y 5'S'H THIS DRAWING IS THE PROPERTY OF GC SYSTEMS. AND CONTAINS PROPRIETY AND CONFIDENTIAL INFORMATION WHICH MUST NOT BE DUPLICATED. USED OR DISCLOSED OTHER THAN EXPRESSLY AUTHORIZED BY GC SYSTEMS. AGENDA BILL 84 CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Professional Services Study Session Date: August 13, 2014 Agreement with HDR for the Sewer Grit COUNCIL MEETING Date: August 20, 2014 Study and Oyster Bay Sewer Pre-design Department: PW&U Engineering Report Presenter: Chal Martin /Tom Knuckey Phone: (360) 473-5758 SUMMARY: Based on an evaluation of qualified consultants, the City has selected HDR to provide consulting engineering services for the Sewer Grit Study and Oyster Bay Sewer Pre-design Report. Historically, there have been a number of pipe failures and pump replacements that have been caused by grit scour in the sewer system. HDR will complete a study to determine how sandy grit enters the sanitary sewer system,the impact of the grit, and present various alternatives for reducing grit entry. In addition, HDR will evaluate various project alternatives in the Oyster Bay Basin which may include installing low pressure sewer systems, abandoning beach sewer mains, and constructing a new upland sewer system. Since the study and report are related, they are being bundled and will be done by a single consultant. Five consultants were sent Request for Proposals (RFPs). Four of the consultants submitted proposals and HDR, Inc. was selected for the work. A scope of work was submitted and negotiated in the amount of$215,300. ATTACHMENTS: 1) Council Summary 2) Professional Services Agreement (w/attached exhibits) FISCAL IMPACTS (Include Budgeted Amount): This contract is fully funded and is included in the 2014 wastewater fund budget. The Sewer Grit Study is budgeted for$150,000. The Oyster Bay Sewer Pre-design Report is budgeted for $100,000. STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: © Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement with HDR, Inc. in the amount not-to-exceed $250,000 for the Sewer Grit Study and Oyster Bay Sewer Pre-design Report, 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 COUNCIL SUMMARY Sewer Grit Study and Oyster Bay Sewer Pre-design Report Introduction Sewer Grit Study: The City of Bremerton sanitary sewer system includes several thousand feet of sewer mains that are located along beaches in the Oyster Bay, Anderson Cove, Cherry Avenue, and Trenton Avenue basins. These mains include gravity sewers, force mains, and gravity-pressure sewers. Operations and maintenance staff have observed that the pump stations in these basins have higher pumping equipment wear rate and require more frequent maintenance and replacement. A 12-inch force main in the Anderson Cove Basin and a 14-force main in the Oyster Bay Basin both failed due to grit scour along the pipe invert. The Crosstown Pipeline has also experienced failures at the invert that may have been caused by grit scour. These failures indicate that sandy grit is entering the sanitary sewer system and is contributing to the aforementioned damage and frequent maintenance. It was decided that the sources of grit material should be identified, along with methods for remediating grit entry and damage, and that a Grit Study should be prepared that identifies future capital and O&M projects to reduce the amount of grit entering the system. Oyster Bay Sewer Pre-design Report: A second and related project was identified in the Oyster Bay Basin. The sanitary sewers in this basin are nearly all located on the beach. The sewers are difficult to maintain and sewage has backed up and flooded basements in several homes. HDR will complete a pre-design report to analyze alternatives which may include installing low pressure sewer systems, abandoning beach sewer mains, and constructing a new upland sewer system. Contract Summary Public works and Utilities staff evaluated four consultant proposals and selected HDR, Inc. for the projects. HDR has extensive experience with the City and is currently working on the Wastewater Comprehensive Plan update. A scope and cost for the work was negotiated in the amount of$ Fiscal Summary The work is fully funded in the 2014 Wastewater budget. $150,000 has been budgeted for the Sewer Grit Study and $100,000 for the Oyster Bay Sewer Pre-design Report. Sewer Grit Study and Oster Bay Sewer Pre-design Report AN 2014 Bremerton Council Summary PROFESSIONAL SERVICES AGREEMENT Sewer Grit Study and Oyster Bay Sewer Pre-design Report The City of Bremerton ("City") and HDR, Inc. ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 5, 2014, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section 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 $215,300. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/I1DR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: 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 4.24.115. Should a court of competent jurisdiction determine that 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 Bremerton/HDR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 2 of 7 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 operationsibroad form property darnage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at(360)473- 5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Bremerton/HDR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 3 of 7 Management, 345 6`h 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. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, 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 Bellevue , Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. 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 Bremerton/HDR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 4 of 7 of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. 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: 345 6t' St. 500 108th Ave NE Suite 600 Suite 1200 Bremerton, WA 98337 Bellevue, WA 98004-5549 J. 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. K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. N. 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. Bremerton/HDR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 5 of 7 O. 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 Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination,the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. 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 Bremerton/HDR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 6 of 7 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 Signature: Signature: Print Name: Print Name: Title: Title: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Bremerton/HDR,Inc. Sewer Grit Study and Oyster Bay Sewer Pre-design Report Page 7 of 7 City of Bremerton Grit Study Oyster Bay Basin Pre-Design Exhibit A Scope of Services August 5, 2014 i 500 108th Avenue NE Suite 1200 Bellevue,WA 98004-5549 (425)450-6200 F)l Table of Contents Background...................................................................................................................1 Task 100— Project Management............................................................................................. 1 Objective........................................................................................................................ 1 HDRServices................................................................................................................. 1 CityResponsibilities ....................................................................................................... 2 Assumptions................................................................................................................... 2 Deliverables.................................................................................................................... 2 Task 200—Staff Interviews and System Documentation....................................................... 2 Objective........................................................................................................................ 2 HDRServices................................................................................................................. 2 CityResponsibilities ....................................................................................................... 3 Assumptions................................................................................................................... 3 Deliverables.................................................................................................................... 3 Task 300—Prioritize Locations for Additional Inspection. ................................................... 4 Objective........................................................................................................................ 4 HDRServices................................................................................................................. 4 CityResponsibilities ....................................................................................................... 4 Assumptions................................................................................................................... 4 Deliverables.................................................................................................................... 5 Task400—Field Inspection..................................................................................................... 5 Objective........................................................................................................................ 5 HDRServices................................................................................................................. 5 CityResponsibilities ....................................................................................................... 5 Assumptions................................................................................................................... 5 Deliverables.................................................................................................................... 5 Task500—Alternatives Analysis............................................................................................ 5 Objective........................................................................................................................ 5 HDRServices................................................................................................................. 5 CityResponsibilities ....................................................................................................... 6 Assumptions................................................................................................................... 6 Deliverables...................................................................................................:................ 6 Task 600—Compile Final Grit Study Documentation............................................................ 6 Objective........................................................................................................................ 6 HDRServices................................................................................................................. 7 CityResponsibilities ....................................................................................................... 7 Assumptions................................................................................................................... 7 Deliverables.................................................................................................................... 7 Task 700—Oyster Bay Basin Pre-Design............................................................................... 7 Objective........................................................................................................................ 7 City of Bremerton Grit Study and Oyster Bay Basin Pre-design i Scope of Services July 2014 01 HDRServices................................................................................................................. 7 CityResponsibilities ....................................................................................................... 8 Assumptions................................................................................................................... 8 Deliverables.................................................................................................................... 9 Task 800— Project Management Reserve .............................................................................. 9 Table B-1. Task Breakdown of Project Budget ............................................................... 1 Table B-2. Task Breakdown of Estimated Project Hours ................................................ 2 City of Bremerton Grit Study and Oyster Bay Basin Pre-design ii Scope of Services July 2014 01 EXHIBIT A SCOPE OF SERVICES Background The City of Bremerton has experienced significant maintenance and facility failures as a result of grit entry into the collection system. Specifically, two force main breaks have occurred that are suspected as a result of grit erosion in the Naval Ave and OB-1 force mains. Pump impellor and mechanical seals in the Anderson Cove, Oyster Bay, and Trenton Avenue sewer basins have experienced excessive wear. Properties along the Oyster Bay and Ostrich Bay beach sewers have also experienced sewer backups. This Scope of Services is for the Grit Study and Oyster Bay Basin Pre-Design to document the existing system and identify cost effective and feasible alternatives to address grit entry in the sewer collection system. The consultant team is lead by HDR Engineering as the prime consultant. A sub-consultant may be utilized for sewer inspection but has not been identified as part of the project team at time of the preparation of this scope of services. Costs for inspections services would be charged to the management reserve, Task 800. Task 100 — Project Management Objective To monitor, control and adjust the scope, schedule, and budget as well as provide monthly status reporting, accounting, and invoicing. HDR Services 1. Prepare a Project Management Plan (Project Guide) outlining the project scope, team organization, schedule, and communications information. HDR will provide an electronic copy for the City to review. 2. Coordinate and manage the project team. 3. Prepare monthly status reports describing the following: A. Services completed during the month B. Services planned for the next month C. Needs for additional information D. Scope/schedule/budget issues E. Schedule update and financial status summary 4. Prepare monthly invoices formatted in accordance with contract terms. 5. Project Manager will attend project management meetings with the client Project Manager to review project scope, schedule, and budget issues. Meetings will be conducted by conference call. 6. Quality assurance—Complete periodic quality assurance management reviews to monitor project execution. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 1 Scope of Services July 2014 FN City Responsibilities 1. Attend project management meetings. 2. Timely processing and payment of invoices. 3. Review and process contract change requests and amendments, if needed. Assumptions 1. The project duration will be 6 months from notice to proceed. 2. One project management meeting will be held per month. Four hours of project manager time will be required for each meeting to allow for assessment of project status, preparation, attendance, follow-up, and notes. Monthly project management meetings will be conducted by conference call unless they can be coordinated with a trip to Bremerton for other project tasks. 3. Invoices will be HDR standard invoice format. 4. Expense backup will be provided with invoices. Deliverables 1. HDR's Project Management Plan (Project Guide) (PDF file)for reference only. 2. Monthly reports and invoices (one copy with invoice can be mailed or e-mailed PDF file). 3. Monthly project schedule and budget updates. 4. Project management meeting agenda and notes (e-mailed Word/PDF files). Task 200 —Staff Interviews and System Documentation Objective Interview City Staff and review system information to document existing system and historical maintenance actions due to grit entry in the Oyster Bay, Anderson Cove, and Trenton sewer systems as well as flooding and sewer backups in the Oyster and Ostrich Bay area. HDR Services 1. Prepare data request and agenda for staff interviews. 2. Interview City Staff and tour beach main and pump station facilities in Oyster Bay, Anderson Cove, and Trenton Sewer Basins. A. Prepare an agenda and interview questions for City Staff. B. Document current system operation and maintenance procedures C. Document grit related operations and maintenance history and repair actions D. Visit selected beach main and pump station facilities within the Oyster Bay, Anderson Cove, and Trenton sewer basins. E. Document maintenance actions and flooding claims related to connections along the Oyster Bay and Ostrich Bay. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 2 Scope of Services July 2014 HDR Services 1. Prepare an Executive Summary of the plan to be included at the front of the plan document. 2. Assemble the final technical memorandums into the final grit study and appendices document. The document will be assembled into bound documents and include: A. Grit Study technical memorandums B. Appendices - Supporting Documents City Responsibilities 1. Review draft copy of the study and provide comments and provide consolidated comments. Provide a single set of review comments with inconsistencies and conflicts eliminated. Assumptions 1. None. Deliverables 1. Draft Study in Word format. 2. Final Study in PDF format. 3. Up to 3 bound sets of the final document with each set bound in three three-ring binders. Appendices will not be printed. 4. Compact disk with PDF file copies of the grit study and appendices. Task 700 — Oyster Bay Basin Pre-Design Objective Develop alternatives to address maintenance and reliability of the Oyster Bay beach conveyance systems. The existing Oyster Bay collection system is a pressure gravity beach sewer with private side sewer connections. Periodically, during high flows the sewer surcharges into the side sewers and results in overflows into private residences. Backflow valves have been provided on some of the side sewers; however, some of these have malfunctioned during high flow events and resulted in a overflow. HDR Services 1. Identify three alternatives in addition to a "Do Nothing" alternative to improve the reliability and maintenance of the Oyster Bay beach main conveyance system. The initial alternatives include: A. "Do Nothing" baseline alternative B. Installing grinder pumps on selected individual connections and routing the discharge to an upland sewer. This would include capping the existing beach main connections. C. Installing grinder pumps on all connections and routing the discharge to a new or existing upland sewer. The beach main would be abandoned. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 7 Scope of Services July 2014 M 3. Create an inventory of the beach mains systems to include information for age, condition, materials, and maintenance actions for lateral connections, pump stations, gravity, pressure gravity, and force mains. 4. Document property and side sewer age for gravity connections to the Oyster Bay beach mains. 5. Based on information collected, identify areas with possible grit entry within each basin. 6. Prepare a short technical memorandum. City Responsibilities 1. Participate in a 4 hour meeting with the consultant to describe current operation practices, maintenance history and repair actions, and known grit issues. 2. Guide a tour of sewer facilities for members of the HDR team. 3. Provide background data and information, as requested by HDR for the meeting. 4. Provide summaries of known grit issues. 5. Review draft technical memorandum documenting system and grit maintenance history and provide consolidated comments. Provide a single set of review comments with inconsistencies and conflicts eliminated. 6. Provide as-built plans. Assumptions 1. Twelve hours per trip is assumed for each of the three HDR staff to attend the meeting/site tour, including travel time and meeting preparation. 2. Staff group meeting will be held in the morning with windshield tour in the afternoon. 3. Site tour will be scheduled to during a low time event. The following are low tides events occurring between 9am and 4 pm during early September that are potential dates for a site tour. • Fri, Sep 5 (-0.38' @ 9:00am) • Mon, Sep 8 (-0.6' @ 11:38am) • Tue, Sep 9 (-0.05' @ 12:25pm) • Wed, Sep 10 (0.8' @ 1:12pm) • Thu, Sep 11 (1.85' @ 1:59pm) • Fri, Sep 12 (3.0' @ 2:48pm) 4. Follow-up interviews of individual staff will be conduct by conference call. 5. As-builts, GIS, facility age, and other information will be provided by City Staff. 6. System documentation will focus on areas with known grit issues in the Oyster Bay, Anderson Cove, and Trenton sewer basins. Deliverables 1. Staff interview meeting agenda—emailed Word/PDF and hardcopy provided to participants. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 3 Scope of Services July 2014 F�2 2. A draft and final technical memorandum (3—5 written pages with summary tables and figures) in Word format documenting the existing system, operations practices, maintenance history, and other information provided through staff interviews. Task 300 — Prioritize Locations for Additional Inspection. Objective Based on the documentation of the system in Task 200, identify available inspection methods and prioritize locations and methods for additional inspections. HDR Services 1. Identify.and summarize available inspection methods utilizing both current operations staff inspection capabilities and contracted services. Potential inspection methods would include the following: A. Visual inspection of manholes and pump stations B. Grab samples of sediment in sewer structures to characterize source of grit C. Salinity testing of waste water in manholes and pump stations D. Dye testing for leaks E. Pump run time during tidal variations F. CCTV G. Air/smoke testing H. Sonar or SmartBaIITM 2. Attend meeting with City to identify possible inspection methods and locations. 3. Provide recommendation for inspection methods and locations of collection facilities that will be inspected. 4. Prepare a short technical memorandum documenting the selected inspection methods, locations and who will perform the work. City Responsibilities 1. Identify system inspection methods the City can perform 2. Provide input on contracted inspections. 3. Review technical memorandum and provide comments and provide consolidated comments. Provide a single set of review comments with'inconsistencies and conflicts eliminated. Assumptions 1. Information provided in Task 200 will be used to prioritize areas for inspection 2. Areas of inspection will be a representative sample within each basin area. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 4 Scope of Services July 2014 F-N Deliverables 1. Draft and final technical memorandum (3-5 pages with summary tables and figures) in Word format documenting basis of prioritizing inspection locations, summarizing available inspection methods, and recommendations of inspection methods, locations and who will perform the work. Task 400 — Field Inspection Objective Conduct inspections recommended in Task 300 to potential points of grit entry and document findings. HDR Services 1. Attend field inspections of selected facilities. 2. Evaluate data collected by site inspections. 3. Summarize inspection results and findings in technical memorandum. City Responsibilities 1. Conduct CCTV or other inspections as identified in Task 300 2. Coordinate with owners and secure rights of entry if required for access to perform inspections. 3. Review technical memorandum and provide consolidated comments. Provide a single set of review comments with inconsistencies and conflicts eliminated. Assumptions 1. Third party inspections are not included in the scope and will utilize the management reserve. A daily rate for CCTV inspection is estimated at$2,500 per day based on a preliminary quote from Bravo Environmental obtained on Aug 4, 2014. 2. Observation of field inspections by HDR staff will be limited to two days by a project •engineer. Deliverables 1. Draft and final technical memorandum (2-3 pages with summary tables and figures) in Word format documenting field inspection results. Task 500 — Alternatives Analysis Objective Develop alternatives to reduce the sources of grit and identify costs and benefits of each alternative. HDR Services 1. Develop annual cost for a "Do Nothing" baseline alternative for each basin. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 5 Scope of Services July 2014 2. Identify up to three alternatives to address grit entry within Oyster Bay, Anderson Cove, and Trenton Avenue sewer basins. 3. Attend an alternative development and evaluation workshop at the City's office with City Staff. The purpose of each workshop will be to develop, review, discuss, prioritize, and eliminate.or select alternatives methods for reducing the impact of grit in the sewer system. 4. Develop planning level project cost estimates for three alternatives within each basin. 5. Develop benefits for each alternative including both no-cost and cost benefits which include increased reliability, reduced maintenance costs, reduction in sewer back-ups, and other benefits. 6. Meet with City to discuss recommendations/alternatives 7. Prepare technical memorandum. City Responsibilities 1. Provide system knowledge and operational understanding to help the HDR team to develop and evaluate alternatives. 2. Answer system questions and provide information that may be necessary to evaluate alternatives. 3. Review and comment on draft alternatives development. 4. Host workshop in City conference room. 5. Review and provide comments on technical memorandum. Provide a single set of review comments with inconsistencies and conflicts eliminated. Assumptions 1. An alternative is a combination of options within each sewer basin. Options consist of specific projects, procedures or policies that can be implemented to address a specific issue. 2. Improvements will focus on beach mains, pump stations, and lateral connections to the beach mains. 3. A total of 9 alternatives, three alternatives per basin, will be developed for Oyster Bay, Anderson Cove, and Trenton sewer basins. The"do nothing" alternative is considered a baseline and not included in the 9 alternatives. 4. Cost estimates will be Level 5, based on AACE International Standard. Deliverables 1. Draft and final Alternatives Analysis Technical Memorandum—emailed PDF. Task 600 — Compile Final Grit Study Documentation Objective To assemble all of the information prepared in the above tasks into the draft grit study for City review; then to incorporate comments and prepare and issue the final study. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 6 Scope of Services July 2014 HDR Services 1. Prepare an Executive Summary of the plan to be included at the front of the plan document. 2. Assemble the final technical memorandums into the final grit study and appendices document. The document will be assembled into bound documents and include: A. Grit Study technical memorandums B. Appendices - Supporting Documents City Responsibilities 1. Review draft copy of the study and provide comments and provide consolidated comments. Provide a single set of review comments with inconsistencies and conflicts eliminated. Assumptions 1. None. Deliverables 1. Draft Study in Word format. 2. Final Study in PDF format. 3. Up to 3 bound sets of the final document with each set bound in three three-ring binders. Appendices will not be printed. 4. Compact disk with PDF file copies of the grit study and appendices. Task 700 — Oyster Bay Basin Pre-Design Objective Develop alternatives to address maintenance and reliability of the Oyster Bay beach conveyance systems. The existing Oyster Bay collection system is a pressure gravity beach sewer with private side sewer connections. Periodically, during high flows the sewer surcharges into the side sewers and results in overflows into private residences. Backflow valves have been provided on some of the side sewers; however, some of these have malfunctioned during high flow events and resulted in a overflow. HDR Services 1. Identify three alternatives in addition to a "Do Nothing" alternative to improve the reliability and maintenance of the Oyster Bay beach main conveyance system. The initial alternatives include: A. "Do Nothing" baseline alternative B. Installing grinder pumps on selected individual connections and routing the discharge to an upland sewer. This would include capping the existing beach main connections. C. Installing grinder pumps on all connections and routing the discharge to a new or existing upland sewer. The beach main would be abandoned. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 7 Scope of Services July 2014 D. Installing grinder pumps on selected individual connections and routing the discharge to the beach sewer. 2. Meet at City offices with City Staff to develop, review, discuss, prioritize, and eliminate or select alternatives methods for reducing the impact of grit in the sewer system. 3. Develop annual cost for a "Do Nothing" baseline alternative including the estimated cost of future claim payments for property damage from overflows. 4. Develop planning level project cost estimates for each viable alternative including engineering, construction, permitting, and project administration. 5. Develop benefits for each alternative including both no-cost and cost benefits which include increased reliability, reduced maintenance costs, reduction in sewer back-ups, and other benefits. 6. Meet with City to discuss recommendations/alternatives. 7. Develop selected alternative with 10% plan drawings to be included in the pre-design report. 8. Prepare pre-design report documenting the alternatives evaluated and the selected alternatives. Pre-design report will be approximately 10 written pages in length plus figures and 10% design drawing of the selected alternative. City Responsibilities 1. Provide system knowledge and operational understanding to help the HDR team to develop and evaluate alternatives. 2. Provide as-built records of the Oyster Bay collection system. 3. Provide aerial photography and mapping of the Oyster Bay 4. Answer system questions and provide information that may be necessary to evaluate alternatives. 5. Provide data on historical property damage claim payments in the Oyster Bay beach sewer system. 6. Host workshop in City conference room. 7. Review and comment on draft alternatives development at the workshop. 8. Review and provide consolidated comments on draft pre-design report. Provide a single set of review comments with inconsistencies and conflicts eliminated. Assumptions 1. Data collection and staff interviews will be completed as part of Task 200. 2. Meeting with City Staff will be coordinated with alternatives workshops described in Task 500. 3. 10% plans drawings will created without a survey of the project area. Drawings will be based on GIS mapping and aerial as provided by the City. 4. Cost estimates will be Level 5, based on AACE International Standard. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 8 Scope of Services July 2014 F)I Deliverables 1. Preliminary list of alternatives for City Staff to review 2. Pre-design report to document Oyster Bay Basin alternatives, cost estimates, and benefits evaluation. Task 800 — Project Management Reserve Provide project management reserve for covering inspection services by inspection and testing firms such as CCTV inspection of sewers or other additional services as requested by the City. No work will be completed on this task without prior written authorization by the City. Scope of services and budget for each individual subtask requested will be defined at the time of written authorization. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 9 Scope of Services July 2014 ER EXHIBIT B - TERM ID Task Name Duration Start Finish ul 13'i4 Au 3,'14 Au 24'14 Se 14'197-�Oct 5'14 �Oc[-2634 Nov 16'14 De_c 7'14 Dec 28'1-4T-lan 18'15 Fib 8�� Mar 1 rr -- i L 7-W.L F-. S_.i 5_ M � _T�_�5 S_ M_ TLW T f __._...._.___ M_ T W...._T.� S Ste.M_..T.. 1 _.. 9 ask 100-Project Management 132 days Thu 9/4/14 Fri 3/6/15 16 Task 200-Staff Interviews 22 days Thu 9/4/14 Fri 10/3/14 �1 17 200.1 Data request 0 days Thu 9/4/14 Thu 9/4/14 ♦9/4 38 200.2 Interview City Staff and site tour. 0 days Thu 9/4/14 Thu 9/4/14 4i 9/4 _24--- 200 3 Create an inventory 20 days Thu 9/4/14 Wed 10/1/14 25 200.4 Document system 20 days Thu 9/4/14 Wed 10/1/14 26 200.5 Identify areas with possible grit entry 5 days Man 9/22/1.4 Fri 9/26/14 27 200.6 Prepare TM 5 days Mon 9/29/14 Fri 10/3/14 28 Task 300-Prioritize Inspection Locations 20 days Mon 10/6/14 Fri 10/31/14 29 300 1 Summarize inspection methods 10 days Man 10/6/14 Fri 10/17/14 30 300.2 Meeting with City. 0 days Mon 10/20/14 Mon 10/20/141 ♦10/20 31 300 3 Recommendation S days Mon 10/20/14 Fri 10/24/14 32 300 4 Prepare TM 5 days Mon 10/27/14 Fri 10/31/14 33 Task 400-Field Inspection 45 days Mon 10/20/14 Fri 12/19/14 34 400 1 Attend field inspections 40 days Mon 10/20/14 Fri 12/12/14 35 400 2 Evaluate data collected 40 days Mon 10/20/14 Fri 12/12/14 36_ 400.3 TM 5 days Man 12/15/14 Fri 12/19/14 37 Task 500-Alternatives Analysis 40 days Mon 12/22/14 Fri 2/13/15 38 500.1"Do Nothing"baseline cost. 15 days Mon 12/22/14 Fri 1/9/15 39_ 500 2Identify alternatives 15 days Man 12/22/14 Fri 1/9/15 40 500 3 Alternatives workshop. 0 days Mon 1/12/15 Mon 1/12/15 ♦1/12 41 500 4 Cost estimates. IS days Mon 1/12/15 Fri 1/30/15 42 500 5 Alternative benefits. IS days Man 1/12/15 Fri 1/30/15 43 500 6 Meet with City 0 days Mon 2/2/15 Mon 2/2/15 •2/2 44 500 7 Prepare TM 10 days Mon 2/2/15 Fri 2/13/15 I I� 45 Task 600-Compile Final Grit Study Documentation 15 days Mon 2/16/15 Fri 3/6/15 46 600 1 Executive Summary 15 days Mon 2/16/15 Fri 3/6/15 47 600 2 Assemble the final TMs 15 days Mon 2/16/15 Fri 3/6/15 48_ ask 700-OB-1 Pre-Design 125 days Mon 9/15/14 Fri 3/6/15 49 700 1 Identify alternatives 25 days Mon 9/15/14 Fri 10/17/14 50 700 2 Meet at City office. 0 days Mon 10/20/14 Mon 10/20/14 ♦10/20 51 700 3"Do Nothing'baseline cost 30 days Mon 10/20/14 Fri 11/28/14 52 700 4 Cost estimate 30 days Mon 10/20/14 Fri 11/28/14 53 700.5 Alternative benefits. 30 days Mon 10/20/14 Fri 11/28/14 54 700 6 Meet with City 0 days Mon 12/1/14 Mon 12/1/14 ♦u/1 55 700.7 10%plan drawings. 70 days Man 12/1/14 Fri 3/6/15 56 700 8 Pre-design report 70 days Man 12/1/14 Fri 3/6/15 57 Substantial Completion _ 132 days Thu 9/4/14_ Fri 3/6/15 Task ProjectSummary Viiii-sV Inactive Milestone •i Manual Summary Rallup Deadline Project Grit Study Split External Tasks Inactive Summary V V Manual Summary Progress Date Man 7/28/14 Milestone ♦ External Milestone ♦ Manual Task Start-only C Summary - Inactive Task _____...__.-- Duration-only —NE.NWON.M Rn:sh-only 3 Page 1 City of Bremerton Grit Study and Oyster Bay Basin Pre-design 1 Scope of Services July 2014 EXHIBIT C COMPENSATION Compensation for HDR's services under this Contract shall be on the basis of the actual employee hourly rate equal to Direct Labor Cost times a multiplier of 3.12 to be paid as total compensation for each hour an employee works on the project, plus Eligible Expenses, subject to the maximum stated in this Agreement. Direct Labor Cost shall mean the actual salaries and wages, (basic and overtime) paid to all personnel engaged directly on the project. Eligible Expenses are defined in Exhibit C. The approximate distribution of costs with respect the tasks are presented in Table B-1. If approved by the City, HDR may adjust the distribution of compensation between individual tasks of the work noted herein to be consistent with services actually rendered. The estimated costs of each task in Table B-1 are based on the estimated hours included in Table B-2 plus estimated expenses. Table C-1. Task Breakdown of Project Budget Task Description Estimated Cost 101 Project Management $17,400 200 Staff Interviews and System Documentation $23,900 300 Prioritize Locations for Additional Inspection $17,400 400 Field Inspection $14,800 500 Alternatives Analysis $32,400 600 Compile Final Grit Study Documentation $12,600 700 Oyster Bay Basin Pre-design $75,400 800 Management Reserve $22,000 Total Contract Amount $215,300 Notes 1. No costs shall be charged to Tasks 800 without written authorization from the City. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 1 Scope of Services July 2014 FN Table C-2. Task Breakdown of Estimated Project Hours HDR Engineering y- G F7 gym, a © .L� Ile �r1. Gm 2a Labor Estimate ao x e% ,�o� 4"`• ,`' oI �3, 9 U 2 •C H� v Q� 'mcg w �. Task# Tasks 8 Subtasks Proloo; Prol?ct Project Pornunng Pro ect Manage- E:qr:eer Er gineer QAQC Speci&si Privpal E._1 Coritr�;ler Assistant CAE, Rates 254.75 11&50 106,34 29&31 180.02 250,$5 07,50 139,58 87,48 128.87 i i 1 a9 1- r0 ectanagement 48 0 U 0 0 6 24 0. 0 7 Subtask 1 1-Prepare a P-clecl Martagorrc:d Plan 8 Subtask 1 2-C•ordinmm als and manage rhe pio;ec:Iso8 e Subtask 1 3-Pepare monthly stays reports 8 8 Subtask 1 4-Preoare montnly invoices 3 24' .. 32 Subtask 1 5-Proec1 Manegemen Masurgs and()ACC 1'6 6 2 Task 2-System Documentation 24 100 22 0 0 0 0 0 6 0 154 S:rbtssk 2 1-nata requasl and agendas 4 2 e Subtask 2 2-Sta'f htle.-views and Site Visit t� 24 12 48 SubtasF:2 3-Syslein:rven;cry and Doamentapon 2 32 8 4- S btask 2 4-Technical Nlr rnorandunn 9 :0 8 58 Subtssk 2 5 3 Task 3-Source ldenitiRcation and Inspection Prioritization 24 84 0 0 0 C• U 0i 8 0 17 Subtask 3 1.Review inspection melheds 3 32 40 Subtask 3.2-Meeting lviln City a 12 _ ._ _.-.J .. 20 Subtask 3 3-Techr:cal k^.arnorandurn d 40 48 Subtask 3 4 U Subtask 3 5 6 4 Task 4-Field Inspections 12 8E 0.__R u u U 0 0; 6 C 10 S�_htask 4 1-Fold Visits 16 -- — - -- - 20 Subtask 4 2 Evsluxe date collected 4 32 36 Subtask A 3-Tachn.cal Wernorardum 4 40 P. 52 Subtask a: C S flask 4 5 5 Tasks-Ahernatrves Analysis 44 1b2 U 0 8 .. C 0 0; 8 0 212 Subtask 5 1-Develop Preliminary Aternauves 81 40 8 56 Subtask 5 2 Workshops and ri.na aDernauvos • 24 38 S:b:ask 5 3-Cost estimates 8 24 32 S-btask 5 4-Berelit eva-uar.or 8 24 --- - --- ----- :t'r Subwmk 5 5-Technical Memorandum 40 8 5 6 Task 6-Final Grit Study 0 64 0 0 f 0 0 16 C 6 _ Subtask,.1-Prepare executive surnmary _ __. _._.241_. 24 Subtask o 2-Compile INs into hral T1.1 4p 16. 8 e S'-1btask o 3 S;b!ask 6 4 0 Subtask o"5 7 Task 7-OB-1 Pre-Design 24 16 116 8 24 0 248 01 e� 80 524 Subtask 7 1- danuly pralim.hary alle,nat:ves .- 8 ___ 8 32 -8 ...--60 1 is Sub!esk 7 2-Meetings at Cory a 16 _— .- —. . 24 e6 Subtask 7 3 Cost Estimates 2 2 16 40 6c Subtask 7 4-13are!:ts evaluation 2 12 32 _ 4e. __ Swblaslc 7 4-Develop Selectee APerarove _-_-. 24 _ -.-18_.. _ 32 _ 80_ S::htask 7 5-Pre-Dasigri Report 4 4 10 .. 3 00 ._,._�F' -. 100 __8 Task 8-Management Reserve J _ _0. I/I__ 3 0 0 - ..J .-.__ ..0_ 0. 0 0 Subtask 8 1-Con!rarted Inspacacn .._ Task Total Hours 17 504 13e 1 32 24 24 56 ii.01 1260 City of Bremerton Grit Study and Oyster Bay Basin Pre-design 2 Scope of Services July 2014 ER ELIGIBLE EXPENSES Eligible Expenses shall mean the actual expenses incurred directly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, shipping and express mail, and other incurred expense. HDR will add ten percent (10%)to invoices received by HDR from subconsultants and subcontractors. Charges for typical reimbursable expenses incurred by HDR will be at the following rates. Miscellaneous: Postage at cost Travel: IRS rate for business use of an automobile, Other travel expenses at cost Copying: In-house copying services at cost. Large production copying will be provided outside at cost. Technology Charge: $3.70 per labor hour Phone: No charge except for outside coordinated conference calls The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the HDR's compensation as Reimbursable Expenses. City of Bremerton Grit Study and Oyster Bay Basin Pre-design 3 Scope of Services July 2014 FN This Page Intentionally Left Blank City of Bremerton Grit Study and Oyster Bay Basin Pre-design 4 Scope of Services July 2014 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Study Session Date: August 13, 2014 Renewal agreement with Ingersoll-Rand COUNCIL MEETING Date: August 20, 2014 Company for Warranty and Maintenance of Department: Parks and Recreation Fountain Compressors Presenter: Tom Cressman Phone: 473-5309 SUMMARY: The city's downtown fountains contain air compressors that are critical to the functioning of the water displays at the conference center plaza and Fountain park. The service agreement with Ingersoll Rand provides scheduled preventive maintenance to the compressors insuring their reliability and extending the useful life of the equipment. The service agreement covers the cost of manufacturers approved replacement parts. Ingersoll Rand has serviced the fountain compressors since their initial construction, staff have found them to be thorough and timely in carrying out the tasks contained in the agreement. ATTACHMENTS: Ingersoll-Rand Company PackageCARE©Agreement(Includes Exhibits A-D) FISCAL IMPACTS (Include Budgeted Amount): $6,159.39 in 2014. Total cost over 5 year life of the agreement is $32,375.62 funded through the annual Parks Maintenance operating budget. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve entering into an agreement with Ingersoll-Rand Company for warranty and maintenance of fountain compressors and authorize the Mayor to finalize and execute the agreement with substantially the same terms as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Ingersoll Rand lrxiustjwllechaoin «s PackageCARE© Agreement Ingersoll-Rand Company('Ingersoll Rand','Company'or'Seller'),800-B Beaty Street,Davidson,NC 28036 and City of Bremerton, 104 Oyster Bay Ave.N,Bremerton,WA 98312,('Customer'or'Buyer')agree to this PackageCare Agreement(the"Agreement") as follows: 1. SCOPE. This Agreement is for the maintenance service of the equipment set forth below(the"Equipment") for the hours of operation during the Term(the"Hours During Contract"). Manufacturer Model Serial Number Unit Start Date Contract Hours Unit Hours @ Start 1 Ingersoll Rand UP6-15-125-TAS PX3154UO4105 04/20/04 10,000 hrs 58,824 hrs 2 Ingersoll Rand UP6-20-125 PX7474UO6222 08/15/06 10,000 hrs 33,253 hrs 3 Ingersoll Rand HE123 08/15/06 10,000 hrs 4 Ingersoll Rand GP216 08/15/06 10,000 hrs 5 Ingersoll Rand HE216 08/15/06 10,000 hrs 6 Ingersoll Rand GP123 08/15/06 10,000 hrs 7 Ingersoll Rand TMS100 TMS0100- 08/15/06 10,000 hrs 0506/6610 2. SERVICE. Ingersoll Rand's service program will be performed in accordance with an Ingersoll Rand maintenance schedule specific to the Equipment set forth above. This service will include examination, lubrication,adjustment,and repair/replacement of covered components,as further detailed on Exhibit A. During the Term of this Agreement Ingersoll Rand may either repair or replace a piece of Equipment,at its option,with a like piece of equipment with at least the same functionality. In the case of replacement of Equipment,Ingersoll Rand shall amend the Equipment list set forth above and provide Customer with such amended list within a reasonable period of time after such replacement. Title to such replacement Equipment shall be transferred to Customer and Customer agrees to pass title to the replaced Equipment to Ingersoll Rand with free and clear title. 3. PRODUCTS. The services to be performed on the Equipment are set forth on Exhibit A. 4. CUSTOMER SITE REQUIREMENTS. In order to receive the services provided hereunder the Customer must provide and adhere to the site requirements for the Equipment set forth on Exhibit A. S. HOURS OF SERVICE. Unless stated otherwise in Exhibit B,Ingersoll Rand will perform the services during regular working hours,Monday through Friday,7:00 am through 5:00 pm,local time,excluding Ingersoll Rand recognized holidays("Regular Working Hours").These Services include calls for emergency adjustments during Regular Working Hours. A request for service will be considered an"Emergency Adjustment Call"if it is to a malfunction or adjust the Equipment and requires immediate attention and is not caused by misuse,improper maintenance by anyone other than Ingersoll Rand certified technicians,abuse or other factors beyond Ingersoll Rand's control. If Customer authorizes service outside of Regular Working Hours,Customer will be invoiced at Ingersoll Rand's then current premium time national billing rates,plus materials not covered by this Agreement. All other services,not covered hereunder,will be billed at Ingersoll Rand's then current national billing rate. 6. TERM. This Agreement commences upon approval by Ingersoll Rand and execution of this contract by Customer on the"Effective Date"noted in the signature block,unless indicated otherwise in Exhibit B,and will continue through a period of Five(5)years(the"Term"). Customer Initials 1 of 8 PCA 14 06 01 7. AGREEMENT PRICE. In consideration of the Services provided hereunder,Customer agrees to pay Company$6,159.36 in Year 1,made in a single annual payment. 5 Year 1 Year 2 Year 3 Year 4 Year 5 a 12 $6,159.36 $6,313.34 $6,471.18 $6,632.96 $6,798.78 E E M U Customer agrees to pay,as an addition to the price herein,the amount of any current or future sales,use,excise or other tax applicable to the Services provided hereunder. Ingersoll Rand will invoice Customer,at the beginning of each Payment Period,in the frequency in accordance with the payment installments set forth above. Customer will pay all invoices within thirty(30)days from the date of invoice. The prices set forth above are based on the current location,use,site environmental conditions and equipment condition upon the Effective Date hereof. Should any of these factors change during the Term,these prices are subject to adjustment by Ingersoll Rand. 8. PRICE ADJUSTMENTS. The Agreement Price will adjust upward two and one-half percent(2.5°x6)year-over- year,pending review based upon the Consumer Price Index,Commodity and Services Group,Other Services (based upon index in effect as of the Effective Date anniversary),the increase will match the CPI when there is movement of greater than three percent(3%)upwards.The labor rates for work,outside of this Agreement will be adjusted annually,as of the date of the national labor rate adjustment accordingly. If Customer's use of the Equipment exceeds the Annual Hours("Annual Hours"calculated as Hours During Contract divided by Agreement Term in years)and continues to do so for a period of six(6)months,the prices herein are subject to increase by Ingersoll Rand. For Agreements where the total Agreement Price is paid at the beginning of the Term,should CPI movement exceed 3%upward per calendar year(the"CPI Increase"),the value of the actual CPI Increase will be invoiced annually on the anniversary of the Effective Date. 9. ENTIRE AGREEMENT AND AMENDMENT. This Agreement,together with Exhibits A,B and C (PackageCare Terms and Conditions)or supplements specifically referenced in this Agreement,constitutes the entire agreement between the parties hereto and supersedes all previous communications,representations,or agreements,either oral or written,between the parties hereto with respect to the subject matter hereof. No agreement or understanding varying or expanding this Agreement will be binding upon either party hereto unless it is in writing and signed by a duly authorized representative thereof. IN WITNESS WHEREOF,each of the parties has caused this Agreement to be executed,in duplicate,by its duly authorized representative. The individual executing below on behalf of the Customer warrants that it is an authorized representative and has the ability to bind the Customer to the terms of this Agreement. Ingersoll Rand is not bound by the terms of this Agreement until it's authorized representative has executed this Agreement in the signature block provided below. Agreement Created by(print and date): INGERSOLL RAND-COMPANY City of Bremerton AUTHORIZED REPRESENTATIVE AUTHORIZED REPRESENTATIVE By(signature): By(signature): Name(printed): Name(printed): Title: Title: Date: Date: ("Effective Date") PO Number: NOT VALID UNTIL SIGNED BY INGERSOLL RAND AUTHORIZED REPRESENTATIVE BELOW: CONTRACT MANAGEMENT USE ONLY By(signature): Title: Name(printed): Date: AO.452 BO.446 C0.011 DO.018 EO.021 FO.01 GO.042 HO 1010 KO LO MO NO OOPO QO RO SO TO 2AA032100 2 of 8 PCA 14 06 01 EXHIBIT A: PRODUCT SERVICES &SITE REQUIREMENTS 1.PRODUCT SERVICES.The following services will be provided on the Equipment: Coverage for Various Equipment Types Rotary Screw Compressors:Compressor components housed between the air and water(when applicable)inlet flanges and the air and water discharge flanges.Additionally,shipped loose Variable Frequency Drives(VFD's) supplied by Ingersoll Rand are NOT included.Non-Ingersoll Rand disconnects and line reactors are not covered in the scope of a rotary unit. Type 30 Compressors:All Tank or Base plate mounted components between the air inlet and discharge flanges are covered under PackageCare. Coverage assumes a maximum duty cycle of 70%for simplex units. Reciprocating Compressors:All components integral to the compressor package as supplied by Ingersoll Rand between the inlet air&water flanges to the discharge air&water flanges.This would include component items that are removed for shipping purposes and'reassembled on location during installation as applicable to the compressor unit covered(ex:outboard bearing&pedestal mount,flywheel,and belt guard). Additionally'shipped loose'items covered include Ingersoll Rand provided inlet filter housings,pulsation bottles(where applicable),pipeline aftercooler/ separator assemblies,and Ingersoll Rand supplied instrumentation. Shipped loose Main Drive Motor and Main Motor Starter provided by Ingersoll Rand are covered if specifically indicated as an individual line item Agreement Section 1 (Scope). Customer supplied interconnecting piping and electrical wiring between'shipped loose'items are NOT covered as part of this Agreement. Centrifugal Compressors:All components integral to the compressor package as supplied by Ingersoll Rand between the inlet air and water flanges to the discharge air&water.Additionally,'shipped loose'items covered include Ingersoll Rand provided inlet filter housings,bypass silencers,pipeline aftercooler/separator assemblies, check valves,and Ingersoll Rand supplied instrumentation.Shipped loose Main Motor Starter(where applicable) provided by Ingersoll Rand are covered if specifically indicated as an individual line item in Agreement Section 1(Scope).Customer supplied interconnecting piping and electrical wiring between'shipped loose'items as well as Main Drive Motors not supplied by Ingersoll Rand are NOT covered as part of this Agreement. Dryers: Base plate mounted components between the inlet and discharge flange,in addition to the silencers,blower and heater where applicable.Covered dryer components do not include filtration. The following items are covered only if specifically outlined in Agreement Section 1:Scope Oil/Water separators Non-baseplate mounted Dewpoint monitors Pace Valves Cooling towers Pneumatic No-Loss Drain valves Plate and Frame heat exchangers Line Reactors Receiver tanks Intelligent Energy Optimizers(IEO's) Spin Type water filtration -Intelliflow valves Inline filters 2.CUSTOMER REQUIREMENTS.In order to receive the services hereunder the Customer must provide and adhere to the Site Conditions listed below and detailed on Exhibit D(Site and Equipment Conditions). In the event Customer has a change in SITE AIR QUALITY Site Air Quality is categorized by both the particulate and chemical conditions in the ambient air surrounding the compressor system,as well as the air where the compressor intake will be located.Ingersoll Rand reserves the right to verify these parameters using silver and copper air quality coupon testing,analysis of the compressor condensate and other particulate measurement methods. contract,the site must show excellent results in the testing listed above,not be in the paper,bottle blowing,coal, mineral,mining or chemical processing industries,and be able to show at least four(4)years via documentation or Ingersoll Rand maintenance history,of no particulate or chemical air quality issues having affected the life expectancy of the compressor system. SITE WATER QUALITY In cases where water is used for cooling,the water source into the specific piece of equipment dictates the risk rating for water quality.Therefore,if the water source is altered during the Agreement terms,Company may reassess pricing parameters accordingly. MOTOR CONDITION In cases where a PackageCare contract covers the unit drive motor and the motor has been previous rewound and/or cleaned,dipped and baked,documentation for all prior work must be provided to Ingersoll Rand prior to the start of the agreement. Ingersoll Rand reserves the right to test the condition of the motor prior to agreement on the total Agreement price can be finalized. Customer Initials 3 of 8 PCA 14 06 01 EXHIBIT B Additional Terms and Conditions MODIFICATION TO AGREEMENT SECTION 5(HOURS OF SERVICE) Regular hours of service for this Agreement shall be defined as 7:30 AM to 5:00 PM,Monday through Friday. EXTENDED HOURS OF SERVICE: Services requested by Customer outside of the Regular Hours of Service will be billed at a rate of$71 per hour. Holiday and Weekend services will be billed at a rate of$142 per hour. TERMINATION FOR CAUSE: Notwithstanding section 9 of the attached Terms and Conditions,in the event that Company is in default of its obligations to perform service hereunder and such default continues thirty(30)days after Company's receipt of written notice by Customer setting forth the specifics of such default,Customer may terminate this Agreement upon thirty(30)days written notice and its only obligation to Company hereunder shall be to pay Company the list price of the services provided to Customer up to the date of termination minus any payments already paid Company up to the date of termination. MODIFICATION TO PARAGRAPH 7(AGREEMENT PRICE) The following will be added to the last sentence of AGREEMENT PRICE. Ingersoll Rand will consult with Purchaser prior to a price increase. MODIFICATION TO EXHIBIT C SECTION 13(GOVERNING LAW) Delete this section in its entirety and replace with the following: This Agreement shall be governed by,and construed in accordance with,the internal laws of the State of North Carolina,without the application of conflict of laws principles. No action in law or equity arising out of this Agreement may be brought by either party more than two years after the cause of action has first arisen. In the event that either Party initiates any legal proceeding to enforce or interpret any provision of this Agreement,each Party shall be responsible for it's own expenses,costs,and incurred attorney fees in such litigation or proceeding,and in any appeal,as determined by the court. The waiver or failure of the Company to exercise in any respect any right provided for herein shall not be deemed a waiver of any further right hereunder. MODIFICATION TO EXHIBIT C SECTION 13(GOVERNING LAW) Governing state for this Agreement is Washington. All other portions of this section remain in tact. INDEPENDENT CONTRACTOR Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City.The Contractor shall secure at its expense, and shall be responsible for all payments of income tax,social security,state disability insurance compensation,unemployment compensation,and all other payroll deductions for the Contractor,officer,agents,employees,and sub-contractors.The Contractor shall also secure all applicable business licenses,if required,in connection with the contract services,including all required licenses for Contractor's officers,agents,employees and sub-contractors. INSURANCE.The Company shall procure and maintain for the duration of this Agreement,insurance against claims for injuries to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Company,its agents,representatives,employees or subcontractors. Before beginning work on the project described in this Agreement,the Company 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 $2,000,000 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;and employer's liability. Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an"occurrence"basis except professional liability insurance(if required),which shall be provided on a"claims- made"basis. The Customer shall be named as an additional insured on the Commercial General Liability insurance policy,as respects work performed by or on behalf of the Company and a copy of the endorsement naming the Customer as additional insured shall be attached to the Certificate of Insurance.The Customer reserves the right to receive a certified copy of all the required insurance policies. The Company'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 Company's insurance shall be primary insurance as respects the Customer and and it shall be an affirmative obligation upon Company to advise the Customer's Risk Manager by fax at(360)473-5161,or by certified mail,return receipt requested to City of Bremerton,attn:Risk Management,345 6th Street,Suite 600,Bremerton,WA 98337 within a reasonable time 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. INDEMNIFICATION Customer Initials 4 of 8 PCA 14 06 01 Seller shall indemnify and hold harmless Buyer and its agents,officers,directors,employees,and assigns from and against any and all liabilities,claims, losses,damages,penalties,costs or expenses(including,but not limited,to court costs and reasonable attorneys'fees)for damages to third party property or injury to persons(including but not limited to death)to the extent arising out of or due to or claimed to have arisen out of or due to the Seller's negligent acts or omissions;and any proceeding based upon a claim that the equipment manufactured by the Seller,and furnished under this contract,infringes any patent of the United States of America. Seller's obligations under this indemnity shall not extend to property damage or personal injury caused by the negligence,willful misconduct,or violation of law of the indemnitee or its agents,officers,directors,employees,and assigns. Customer Initials 5 of 8 PCA 14 06 01 Exhibit C Package CARE Terms&Conditions 1. GENERAL. The Terms and Conditions outlined herein shall by anyone other than the Company or an authorized apply to the services by Ingersoll-Rand Company(hereinafter representative of the Company;(c)Service or repairs resulting referred to as Company)of maintenance or repair work or the from the failure of the Customer to continually provide a suitable sale of parts thereunder. No additional or contrary terms shall be environment,per the Operators Manual for the Equipment or its binding upon the Company unless agreed to in writing. associated software,including,but not limited to,the failure to provide service or repairs resulting from the failure of the 2. SCHEDULE DATES&DELAYS. Schedule dates are Customer to make the Equipment available for any Preventive approximate and neither party shall be liable for loss,damage,or Maintenance;(d)Service or repairs to accessories attachments, delay due to war,riots,fire,flood,stnke or other labor difficulty, or other equipment,machines or devices;(e)Electrical work to acts of civil or military authority including governmental laws, equipment;(f)Service which is impractical for the Company to orders,priorities or regulations,acts of the other party,embargo, render because of,or service which would affect portions of the car shortage,damage or delay in transportation,inability to obtain Equipment modified through,attachments or modifications to the necessary labor or materials from usual sources,faulty forgings Equipment made by persons other than the Company or an or castings,or other causes beyond the reasonable control of authorized representative of the Company without receiving the such parry. In the event of delay in performance due to any such Company's prior written approval.(g)Service which would result cause,the schedule dates or time for completion will be adjusted in the violation of any United States federal,state or local law or to reflect the actual time as may be necessary to properly reflect regulation(including,without limitation,the Export Administration the delay. The Purchaser's receipt of services or parts shall Laws)or any law or regulation governing the territory where the constitute a waiver of any claims for delay. Site is located or the Equipment utilized;(h)Software which is operating on the Equipment;or(i)Service or repairs of damage 3. ASSIGNMENT. Neither parry shall assign or transfer this required or caused by the use of the Equipment for other than contract without the prior written consent of the other parry. ordinary use for which designed;Q)Service or repairs of damage caused by conversion from one model to another or the installation 4. TAXES. The prices do not include any present or future or removal of a Company feature,whenever any of the foregoing Federal,State or Municipal sales,use,gross receipts,property,or was performed by other than the Company;(k)Service or repairs other similar type tax with respect to any material,erection of damage required or caused by electrical work,plumbing or equipment or services covered hereby. If the Company is required construction of any kind external to the Equipment and or by applicable law or regulation to pay or collect any such type tax maintenance of accessories,alterations,attachments or other or taxes on account of this transaction or the material or equipment devices not furnished and or approved by the Company; or services covered hereby,then such amount of tax shall be paid by the Purchaser in addition to the prices herein provided for. 7. CUSTOMER MODIFICATIONS;COMPANY RELEASED FROM OBLIGATIONS. The Company shall in no way be obligated to 5. GENERAL DUTIES OF CUSTOMER. During the term of this provide Services with respect to the Equipment if it contains or is Agreement,the Customer shall:(a)provide to the Company at each affected by any installation or attachment,modification,repair or Location at no cost to the Company,full,free,and safe access to replacement or other addition or change made without the prior the Equipment and the associated software,and a safe and written consent of the Company(each an"Unauthorized adequate place in which to perform the Services,which access Modification"),and in the event that any such Unauthorized and place shall include,among other things,maintenance access Modification is so made,then the Company's duties and obligations codes or ID's for the associated computer system;(b)designate in under this Agreement shall be automatically terminated,all without writing and make available to the Company a customer coordinator; rebate to the Customer and without any cost or liability of the (c)ensure that all equipment is used only by personnel properly Company to the Customer. The Company's suspension of trained in its operation and use (d)perform and install all diagnostic Services as a result of any Unauthorized Modification shall not activities and routines recommended by the Company prior to affect the Customer's payment obligations hereunder. requesting on-site Services;(e)ensure the proper environment is maintained and that the Customer's personnel who have access to S. CUSTOMER INTERFERENCE WITH PACKAGECARE SERVICES. the Equipment are properly trained in the operation and usage of the In the event and to the extent that the Customer prevents or Equipment and the associated software;and(f)provide equipment unreasonably delays the Company from conducting PackageCare power,at Customer's cost,that is suitable to operate equipment in Services,the Company's duties and obligations under this a safe and reliable manner. Agreement shall be automatically terminated,all without rebate to the Customer and without any cost or liability of the Company to the 6. EXCLUSIONS. In addition to the other exclusions set forth in Customer. In such event Customer shall make a payment as this Agreement,the services provided under this Agreement do liquidated damages(but not penalty)equal to(1)one/half of the not include,among other services,the following:(a)Service or remaining amount of the Fees left to be paid during the Term or repair of'damage required due to any external cause,other than Renewal Term(s)or(2)the list price of all activities performed and the Company's acts,including without limitation,service or damage parts provided minus fees paid;whichever is greater to Ingersoll-Rand resulting from accidents,transportation,neglect or misuse,failure within thirty(30)days from the date of such termination. or fluctuation of electrical power,telephone equipment or communication line failure,failure of foreign interconnected 9.TERMINATION. If this Agreement is terminated by Customer equipment or other software or equipment,improper use,strikes, prior to the end of the Term or Renewal Term(s),Customer shall riots,vandalism,acts of war,nuclear disaster,or natural causes make a payment as liquidated damages(but not penalty)equal such as fire,flood,water,wind,earthquake or other Acts of God; to(a)one/half of the remaining amount of the Fees left to be (b)Service or repairs required as a result of any repair, paid during the Term or Renewal Terms(s)or(b)the list price adjustment,modification,enhancements,update,change, of all activities performed and parts provided prior to Agreement maintenance or similar acts,whether made or attempted to the termination minus fees paid;whichever is greater to Ingersoll- Equipment or the software associated with the Equipment, made Rand within thirty(30)days from the date of such termination. Customer Initials 6 of 8 PCA 14 06 01 Exhibit C Package CARE Terms&Conditions(cont.) 10. WARRANTY DISCLAIMER 14. NUCLEAR LIABILITY. In the event that the services or parts The Company makes no performance warranty and the effects of furnished hereunder are to be used in a nuclear facility,the corrosion,and erosion are specifically excluded from the Purchaser shall,prior to such use,arrange for insurance or Company's warranty. governmental indemnity protecting the Company against liability and THE COMPANY MAKES NO OTHER WARRANTY OR hereby releases and agrees to indemnify the Company and its REPRESENTATION OF ANY KIND WHATSOEVER,EXPRESSED OR suppliers for any nuclear damage,including loss of use,in any IMPLIED,EXCEPT THAT OF TITLE,AND ALL IMPLIED WARRANTIES, manner arising out of a nuclear incident,whether alleged to be due, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND FITNESS in whole or in part to the negligence or otherwise of the Company FOR A PARTICULAR PURPOSE,ARE HEREBY DISCLAIMED. or its suppliers. 11. LIMITATION OF LIABILITY. The remedies of the Customer 15. EQUIPMENT ACCESSIBILITY. Equipment accessibility is set forth herein are exclusive,and the liability of the Company with defined as: respect to this agreement or the services or parts furnished under Above Average:Existing,permanently mounted lifting equipment is this agreement shall not exceed the agreement price of such adequate and no other lifting equipment is needed,no piping services or the part upon which such liability is based. removal required for any parts replacements. There is a minimum of 7'around sides of unit to any obstruction or other piece of The Company and its suppliers or subcontractors shall in no event equipment. Additionally,IR technicians have access to site be liable to the Customer,any successors in interest or any whenever needed and there is no need to bring additional customer beneficiary of this agreement for any consequential,incidental, personnel for work to be completed. indirect,special or punitive damages arising out of this agreement or any breach thereof,whether based upon loss of use,lost profits Average:Existing,permanently mounted lifting equipment is in place, or revenue,interest,lost goodwill,work stoppage,impairment of but occasional an A-Frame,ladder or other lifting device may be other goods,loss by reason of shutdown or non-operation, needed. There is minimal to no piping or other parts removal increased expenses of operation,cost of purchase of replacement required for repairs. Prior approval is needed,but with few power or claims of Customer or customers of Customer for limitations for access to site. service interruption,whether or not such loss or damage is based on contract,warranty,negligence,indemnity,strict liability or Difficult:Parts removal required will require at least one day of otherwise. shutdown of a unit to access. There is little to no overhead lifting capability and access with portable equipment limited. Extensive 12. FORCE MAJEURE. The nonperformance by the Company of its training required and limited access to site without prior approval or obligations to deliver the services contemplated hereunder shall be customer personnel must be present at all times. excused if such nonperformance is caused by any strike,flood, fire, accident,or other casualty,act of God,war,governmental Very Limited:No overhead lifting,access with portable equipment restrictions,shortage of,or inability to obtain,parts or raw materials difficult,shutdown of units required for parts replacement of this from normal sources,damage by the elements,failure of equipment, unit as well as potentially removing structure(walls,rails,etc)for power line variations,such as voltage spikes and transients,noise, major repairs. Extensive training required for site access and under or over voltage conditions,power outages,or any other customer personnel must be present at all times. causes,whether of the kind herein enumerated or otherwise, beyond the Company's reasonable control("Force Majeure")and 16. PAST DUE INVOICES the Company shall have no liability to the Customer in connection Failure of Customer to make any payments when due,which continues with any such nonperformance. for a period of thirty(30)days,shall give Ingersoll Rand the right to discontinue service hereunder and/or terminate this Agreement. In the 13. GOVERNING LAW. This Agreement shall be governed by,and event that Ingersoll Rand terminates this Agreement due to Customer construed in accordance with,the internal laws of the State of nonpayment,Customer is obligated to pay the cancellation fees set North Carolina,without the application of conflict of laws principles. forth in section 9 of Exhibit C as if it were the party terminating the No action in law or equity arising out of this Agreement may be Agreement. Additionally,Ingersoll Rand may then pursue any remedies brought by the Customer more than two years after the cause of available to it by law or in equity. action has first arisen. The Company shall have the right to collect from the Customer its reasonable expenses,including attorneys' 17. Site Assistance fees,incurred in enforcing this Agreement. The waiver or failure Customer is responsible for providing reasonable access to the machinery of the Company to exercise in any respect any right provided for as defined in Exhibit C. The customer will provide,at their expense, herein shall not be deemed a waiver of any further right hereunder. permanent or temporary(e.g.forklift,'A'Frame,etc.)means to facilitate the lifting of Equipment components as necessitated to perform Services. By acceptance and signing of this Agreement,Customer agrees to In addition,the pricing of the Agreement is established with the assumption allow Ingersoll Rand to send product advertisements and marketing that one(1)certified Company Technical Services Representative will materials via fax. be performing required Services. Customer agrees to supply additional manpower where lifting assistance or'another set of hands'is required to perform the Services included herein. Customer Initials 7 of 8 PCA 14 06 01 Exhibit D: Site & Equipment Conditions Customer Namel City of Bremerton Customer Location(One Way)* 26-100 Miles Customer Addressi 104 Oyster Bay Ave.N Term(Years) 5 City,State,ZIpj Bremerton,WA 98312 Ambient Air Quality-1 Average Contact Namel Tom Cressman Site j fallabillty*l Anytime Unit Model Serial# Start Date Hrs/Yr Water Location Access to Vibration Pressure Surge Overhaul Rewind Quality Equip Level Date Date 15 HP Rotary Compressor PX3154UO4105 04/20/04 2000 Air Cooled Indoors Average Rotary.< (58824) 40 dbM 20 HP Rotary Compressor PX7474UO6222 08/15/06 2000 Air Cooled Indoors Average Rotary:< (33253) 40 dbM 123 SCFM Coalescing Filter 08/15/06 2000 216 SCFM Particulate Filter (GP) 08/15/06 2000 216 SCFM Coalescing Filter 08/15i06 2000 123 SCFM Particulate Filter 08/15/06 2000 (GP) 100 SCFM Cycling Dryer TMS0100-0506;6610 08/15/06 2000 Air Cooled Indoors Average Estimated Annual Totals Year 1 $6,159.36 Year 6 Year 2 $6,313.34 Year 7 Year 3 $6,471.18 Year 8 Year 4 $6,632.96 Year 9 Year 5 $6,798.78 Year 10 Customer Initials 8 of 8 PCA 14 06 01 i AGENDA BILLqA CITY OF BREMERTON I CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoeeeeeeeseeseeeseeeeeeeeseeeeeseee■ SUBJECT: Consultant Supplemental Study Session Date: August 13, 2014 Agreement (Lower Wheaton Way Bridge-to- COUNCIL MEETING Date: August 20, 2014 Bridge Trail Project)—Supplement No. 2 Department: PW&U Presenter: Chal Martin Phone: 473.5758 SUMMARY: 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. Supplemental Agreement No. 1 included these costs for $30,000 and was signed on May 20, 2014. Also found during design was the poor condition of the culvert in Schley Canyon. Based on initial consultation with Department of Fish and Wildlife and Suquamish Tribe, City staff wishes to retain Gray& Osborne 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 (see Scope of Work in the attached Supplemental Agreement) in the amount of$30,000. 2. The construction support services needed on a limited "on call" basis during the construction phase of the project (see Scope of Work in the attached Supplemental Agreement) in the amount of$20,000. The new total for the contract is $267,480. ATTACHMENTS: Consultant Supplemental Agreement#2 FISCAL IMPACTS (Include Budgeted Amount): The cost for the predesign effort will be coming from the Stormwater fund, and the construction support services will be divided with the distribution of 22% from the Stormwater fund, 6% Sanitary, 3% Water, and 69% from the Street funding of the project. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: 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. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 LOWER WHEATON WAY PROJECT FINAL BUDGET-6/18/14 REVENUE Street Grant Match Subtotal Req'd(20%of TIBASFund (Grant+AS) W Fund WW Fund SW Fund Total Total) TIB Design(Initial Grant) 95,272 95,272 95,272 23,818 TIB Construction(Initial Grant) 1,272,812 1,272,812 1,272,812 318,203 TIB(Amendment) 746,708 746,708 746,708 186,677 TBD 250,000 250,000 Stormwater Fund-existing 104,780 104,780 Arterial Street Fund-existing 237,271 237,271 237,271 Subtotal 2,114,792 237,271 2,602,063 0 0 104,780 2,706,843 528,698 ADDITIONAL REVENUE REQUIRED: Utility Fund contributions 83,206 424,696 830,298 1,338,201 TOTAL REVENUE 2,602,063 83,206 424,696 935,078 4,045,044 EXPENDITURE Street W Fund WW Fund SW Fund Total Lower Wheaton Way 2014 Bid(Sch A,C,D and part of B) Design/Bid 160,000 15,000 70,000 55,000 300,000 Total,sch A,B, C,D. Doesn't Palmer Bid for Construction,includes sales tax on appropriate SW include cost of and SS Improvements 2,273,739 60,714 316,096 789,644 3,440,193 SW outfall CM incl in Const Const Mgt/Inspection/Testing Lab 132,187 3,530 18,377 45,907 200,000 Cost PSE Coordination and Tree Removal 10,000 10,000 Demolition of Maple Leaf Tavern 18,000 18,000 Prior year expense,Survey(2011-2013) 34,000 34,000 Subtotal 1,627,925 79,244 404,473 890,551 4,002,193 Changes Pavement thickness reduced to 1.5-Inches -124,000 Modify Traffic Control and TCS Contract Method -47,000 Reduce CSTC Under Sidewalk -40,000 Reduce Luminaires to 37 and Eliminate Head over Sidewalk -45,000 Subttotal 2,371,925 79,244 404,473 890,551 3,746,193 Contingency at 5% 118,596 3,962 20,224 44,528 187,310 TOTAL EXPENDITURES 2,490,522 83,206 424,696 935,078 3,933,503 OVERAGE(SHORTFALL)of Expense from Revenue 111,541 0 0 0 Check Grant Match: Grant Match Required= 528,698 Grant Match Available= 1,310,808 Note-per conversation with Clint Ritter on 6/9/14,all SW and street work is grant eligible (therefore eligible as match);all W and WW work is not. Transportation Improvement Board Consultant Supplemental Agreement Agency Bremerton Project Number 8-2-152(025)-1 Project Name Lower Wheaton Way(Manette Bridge to Lebo Boulevard) Consulting Firm Gray& Osborne, Inc. Supplement Phase Supplement No. 2 for Schley Canyon Culvert Replacement Predesign Report (Schedule C)and Limited"On-Call' Construction Support Services(Schedule A— Roadway) The Local Agency of Bremerton, Washington desires to supplement the design agreement entered into with Gray & Osborne, Inc. and originally executed on August 21, 2013. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section II, SCOPE OF WORK, is hereby changed to read SCOPE OF WORK (ADDITIONAL SERVICES) 1. Schely Canyon Culvert Replacement Predesign Report: The City has requested a Predesign Report to determine alternative for repair and/or replacement of the culvert in the fill section of Lower Wheaton Way in Schley Canyon and potential off-site mitigation to address impacts on fish habitat. A. Collect and summarize comments from WDFW and Tribal staff on need for and options of mitigation of adverse habitat impacts. B. Evaluate alternatives for culvert repair to provide hydraulic capacity and structural integrity of the culvert. Develop construction cost estimates. C. Determine impacted areas of habitat in Schley Canyon and estimate off-site mitigation areas. D. Prepare a draft and final Predesign Report. 2. Limited "On-Call" Construction Support Services (Based on 130-Workday Construction Schedule): A. Provide office support to include preparation and transmittal of correspondence, telephone, facsimiles, e-mail, memoranda, coordination with City and construction team, assist City with Contractor-sponsored requests for information (RFIs), etc., as directed by the City of Bremerton. B. Assist City in negotiation of change orders as may be applicable. C. Assist the City in preparing project closeout paperwork in compliance with state law and TIB requirements. Page 1 of 5 Transportation Improvement Board Consultant Supplemental Agreement Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the Completion Date SUPPLEMENTAL COMPLETION DATE December 31, 2014 Section V, PAYMENT, shall be amended as set forth in Exhibit A-2 MAXIMUM AMOUNT PAYABLE I $267,480.00 If you concur with this supplement and agree to the changes as stated herein, please sign and date in the appropriate spaces below. Agency Signature Date Consulta -Signature Date Page 2 of 5 Transportation Improvement Board ' j; Consultant Supplemental Agreement EXHIBIT A-2 Supplement No. 2 (Schley Canyon Supplement No. 1 Culvert Replacement Original (Additional Design Predesign Report and Agreement Services and Limited Limited CM Support Design Phase CM Support Services) Services Total Direct Salary Cost $ 50,988 $ 9,228 $15,268 $ 75,484 Overhead (including Payroll $ 91,779 $16,610 $27,482 $135,871 Additives) Direct Non-salary $ 23,299 $ 286 $ 837 $ 24,422 Costs Fixed Fee $ 21,414 $ 3,876 $ 6,413 $ 31,703 Total $187,480 $30,000 $50,000 $267,480 Page 3 of 5 Transportation Improvement Board Consultant Supplemental Agreement EXHIBIT B-2(CONSULTANT FEE DETERMINATION SHEET-COST PLUS FIXED FEE) Prepared by: Date: Barry Baker, P.E. I July 3,2014 Project: Lower Wheaton Way (Manette Bridge to Lebo Boulevard) — Schley Canyon Culvert Replacement Predesign Report (Schedule C) Classification Hours Rate Cost Principal-in-Charge 8 X $32 to$58 = $ 448 Project Manager/Engineer 24 X $32 to$55 = $ 1,008 Design/Civil Engineer(s) 96 X $18 to$36 = $ 3,264 Transportation Engineer 0 X $24 to$50 = $ 0 Geologist/Geomorpholo ist 60 X $28 to$48 = $ 2,400 AutoCAD/GIS Technician 60 X $15 to$31 = $ 1,680 Survey Crew 0 X $43 to$96 = $ 0 Professional Land Surveyor 8 X $33 to$42 = $ 304 TOTAL DSC $ 9,104 OH Rate x DSC 180.00% X $9,104 = $16,387 FIXED FEE FF Rate x DSC 42% X $9,104 = $ 3,824 REIMBURSABLE: Printing, Mileage, etc. $ 685 SUBCONSULTANTS COSTS(includes 10%Administrative Overhead): $ 0 TOTAL,SCHLEY CANYON CULVERT PREDESIGN: $30,000 Page 4 of 5 Transportation Improvement Board Consultant Supplemental Agreement Prepared by: Date: Barry Baker, P.E. 7July 3, 2014 Project: Lower Wheaton Way(Manette Bridge to Lebo Boulevard)—Limited CM Services (Schedule A—Roadway) Classification Hours Rate Cost Principal-in-Charge 2 X $32 to$58 = $ 112 Project Manager/Engineer 56 X $32 to$55 = $ 2,352 Design/Civil Engineer(s) 94 X $18 to$36 = $ 3,196 Transportation Engineer 0 X $24 to$50 = $ 0 Technician/Drafter 18 X $15 to$31 = $ 504 Survey Crew 0 X $43 to$96 = $ 0 Professional Land Surveyor 0 X $33 to$42 = $ 0 TOTAL DSC $ 6,164 OH Rate x DSC 18000% X $6,164 = $11,095 FIXED FEE FF Rate x DSC 42% X $6,164 = $ 2,589 REIMBURSABLE: Printing, Mileage, etc. $ 152 SUBCONSULTANTS COSTS(includes 10%Administrative Overhead): $ 0 TOTAL, LIMITED CM SERVICES: $20,000 TOTAL, CULVERT PREDESIGN AND LIMITED CM SERVICES: $50,000 Page 5 of 5 qA Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, August 19, 2014 2:44 PM To: City Council Subject: FW: Response to Citizen Comments - Current Agenda Items 9A and 10E (Jim McDonald) Attn: Council Members(FYI) From: Chal Martin Sent: Tuesday, August 19, 2014 2:33 PM To: City Council; 'Jim McDonald' Cc: Patty Lent; Milenka Hawkins-Bates; Thomas Knuckey; Gunnar Fridriksson Subject: RE: Citizen Comments - Current Agenda Items 9A and 10E (Jim McDonald) Mr. McDonald,thanks for your inquiry. The additional consultant work for a pre-design report for the Schley Canyon Culvert Replacement (estimated to cost $30,000) is programmed in the 2015 Storm Capital Improvement Plan. The other$20,000 envisioned for technical work related to the Lower Wheaton Way project is distributed according to the ratios associated with the expected project expense by fund. Regarding the right of way vacation of a portion of E. 91h: this is a good point, and a consideration for the Council. My thinking on this segment is that at some point in the future, and in consultation with the neighborhood,this little piece between Upper Shore Drive and Pitt could be closed completely to vehicle traffic and converted to a pedestrian facility/urban trail. Presumably that would occur in conjunction with converting Upper Shore Drive into a pedestrian- only facility as well. I have heard discussion about this possibility at some future date. It seems to me there is a lot of time to think more about this, as the traffic volumes on Upper Shore Drive are quite low. I jog that route frequently (it is a beautiful route); often encounter other walkers/joggers; occasionally encounter vehicles and the vehicles are always moving slowly and are courteous to pedestrians and joggers. I am rambling so I'll stop talking. But this area is a gem for the City, no doubt. Chal Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360)473-5758/(360) 473-5018 Fax chal.martin@ci.bremerton.wa.us From: Lori Smith On Behalf Of City Council Sent: Tuesday, August 19, 2014 11:15 AM To: 'Jim McDonald' Cc: City Council; Chal Martin Subject: RE: Citizen Comments - Current Agenda Items 9A and 10E (Jim McDonald) Mr. McDonald, Thank you for providing your comments on two items listed for discussion at the next Council Meeting on August 20, 2014. Please note that I've attached an amended Agenda to clarify that one of the referenced items (the "Consultant Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc.for the Lower Wheaton Way Bridge to Bridge Trail Project") is now listed as Item 9A under General Business. 1 Your comments regarding Item 9A and 10E will be shared with the Council Members for their review and consideration. I have also provided a copy to Public Works Director Chal Martin for his information; and a copy will be included as a part of the record for both Item 9A and Item 10E. It is appreciated that you took the time to contact the City. LcrLSmWv Legislative Assistant Bremerton City Council (360)473-5280 From: Jim McDonald [mailto:jimmc90Cabgmail.coml Sent: Monday, August 18, 2014 7:40 PM To: City Council Subject: comments on current agenda items Honorable Council Members, please consider my questions and comments regarding your next proposed agenda items: Consent Agenda Item H: Consultant Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc. for the Lower Wheaton Way(Bridge-to-Bridge Trail) Project This project seems like it is entirely stormwater related. Why doesn't the stormwater funding pay for all of this project and why are parts of the cost pro-rated to the water, sewer, and street projects? A culvert replacement clearly falls under the expense of the stormwater program...and nothing else. Public Hearing number 5229 (Public Hearing l0E) regarding the vacation of a portion of East 9th Street. This vacation may not be in the Public interest because it leaves no room for future sidewalk or bike lane improvements. Request easements be reserved for future bike lane and sidewalk construction. Thank you for your consideration to these matters, R, Jim McDonald 1311 Marlow Ave, B6 Bremerton, WA 98310 2 Lori Smith From: Lori Smith Sent: Wednesday, August 20, 2014 3:04 PM To: City Council Subject: Kitsap Sun Article - State says fish got to swim; Bremerton is not so sure (Schley Canyon) Kits . S- - un State says fish got to swim; Bremerton is not so sure Josh Farley-6:33 PM,Aug 19,2014 EAST BREMERTON — Can fish swim up Schley Canyon? The answer to that question, one city leaders are seeking as they examine an aging culvert along Lower Wheaton Way, could be the difference of millions of dollars. The state Department of Fish &Wildlife believes that,were the culvert removed, fish could make the trek. They want Bremerton to replace the culvert with a bridge or a similar fish-friendly structure that could cost millions of dollars. City staff, however, aren't convinced fish could make the climb through the canyon, nestled down the middle of the Bremerton Gardens apartment complex, and they call the water flowing through the area nothing more than a"drainage"that doesn't even qualify as a stream. One thing both city and state do agree on is that something must be done, or a stretch of Lower Wheaton Way, between East 18th Street and Schley Boulevard,will erode into the canyon itself. "It's just a matter of time before it fails," said Bremerton managing engineer Gunnar Fridriksson, as he stood Tuesday morning atop baskets filled with rocks underneath the culvert. I The state government built the 12o-foot-long culvert in 1927 as it completed a highway to the nearby Manette Bridge. Fast forward 8o years to Dec. 3, 2007,when in one day almost 8 inches of rain plunged a chunk of roadway the size of a traffic lane into Schley Canyon. Almost three years later, $225,000 in mostly federal disaster relief money paid for repairs, including reinforcement of the slope below with wire cages filled with crushed rock. Department of Fish &Wildlife officials signed off on the work at the time —though they were displeased river rock wasn't used to better mesh with the habitat—but on the condition that a more permanent solution for the 36-inch diameter culvert would be sought, said Chris Waldbillig, a state habitat biologist. City officials began examining the culvert again this year, as construction moved forward with the $3.4 million remodel of Lower Wheaton Way, from the Manette Bridge to Lebo Boulevard. Public works crews sent a camera inside the culvert, only to have it disappear into a depression. When a crew member went into the culvert to retrieve it, he could feel all kinds of"voids" inside — not a good sign for long-term stability, Fridriksson said. In an effort to find a solution, city officials will retain the same consultant they used to design the Lower Wheaton Way project to do an additional $30,000 in work to determine the options. Some City Council members,briefed Aug. 13 about the potential consultant work,were not pleased about the prospect of another project on a road that's being redone. Were going to put in a nice new road and big sidewalks and then we're going to go back and tear it up again?" Councilman Dino Davis asked. Public Works Director Chal Martin pointed out that the culvert is mere feet on a mile-long project and, in the worst case scenario financially, a bridge would probably not be installed for another 10 to 15 years. On Wednesday, the council will vote on whether to spend the $30,000 for the additional consultant work. Waldbillig,the state biologist, says Bremerton has three options: Do nothing, which would be unsafe. z Replace the culvert with a bridge or fish-passable culvert. Fix the culvert in its current state and not go to the extreme of a bridge or other major undertaking. But the city would have to negotiate with the state for a trade off— essentially, it would have to fund culvert improvements elsewhere —to mitigate what the state views as a fish passable stream. That,too, will cost money. "The city will have to make that policy call,"he said. '. s� .f. .rte f 3— r - nc f t•t S4 -�• -Iii �'. ��'- �'"�• ter. - �?.{�4w_ iii - „fi•r�.rti-'. T w� K ^Y � �- .• .. t}r}rte m - .mr, Tb �� ♦ ':, �,`! \' � �� /- _ _I••.FII-.fYrr4 �'. �y; r'I i Y Lori Smith From: Lori Smith on behalf of City Council Sent: Thursday, August 21, 2014 12:11 PM To: City Council Subject: FW:WDFW Habitat Survey of Schley Canyon Stream Attachments: 920424 Reports.pdf; 920424.xls Attn: Council Members(FYI) From: Waldbillig, Chris M (DFW) [mailto:Chris.Waldbillig@dfw.wa.gov] Sent: Thursday, August 21, 2014 11:33 AM To: City Council; Patty Lent; Chal Martin; Gunnar Fridriksson Cc: Kalinowski, Stephan (DFW); Piazza, Gina L (DFW); Farley, Josh (JFarley(ftitsapsun.com) Subject: WDFW Habitat survey of Schley Canyon stream Good morning, Thank you for the invitation, questions,and your time last night. I hope Steve and I were able to clarify our determination/position and help answer any questions. Please feel free to contact me if you have any additional questions on this project or others. Attached as you requested, is the habitat survey performed in March 2014 by the fish passage section in Olympia.The .pdf contains information on bank full width, slope measurements, and reviewers comments.The excel spreadsheet has a few tabs,the tabs labeled DS(downstream) and Upstream comments describe the slope,substrate, and channel morphology along with pictures of the stream. Please contact me with any questions, Chris Waldbillig WDFW Marine Area Habitat Biologist 360-874-7258 Office 360-480-8128 Cell 1 WDFW Fish Passage and Diversion Screening Inventory Database Site Description Report Site ID 1920424 Project ICITY Geographic Coordinates Waterbody Latitude(WGS 84): 1 47.576719402 Stream: Lunnamed Longitude(WGS 84): 1 -122.619658656 Tributary To: Port Washington Narrows East(NAD 27): 1,117,252.2 WRIA: 15 North(NAD 27): 825,173.2, River Mile: -999.99 Fish Use Potential: Yes General Location FUP Criteria: L Physical Road Name: Wheaton Way Owner Mile Post: -999.99 Type: Icity —� County: Kitsap Name: City of Bremerton WDFW Region: 6 PI Species ❑ Sockeye ❑ Chinook © Sea Run Cutthroat El Pink ElCoho ® Resident Trout ❑ Chum © Steelhead ❑ Bull Trout Associated Features © Culvert ❑ Dam ❑ Natural Barrier ❑ Diversion ❑ Non-Culvert Xing ❑ Other ❑ Fishway Location/Directions Site is located between near East 18th St on Wheaton Way. Site Comments There is very steep gabion basket headwall on the DS end. I 3/10/2014 Page 1 of 1 I WDFW Fish Passage and Diversion Screening Inventory Database Level A Culvert Assessment Report Site ID: 920424 Latitude: 47.576719402 Stream: unnamed WRIA: 15 Longitude: -122.619858656 Tributary To: Port Washington Narrows Fish Use Potential: Yes Data Source Washington Department of Fish and Wildlife ��JJ Field Crew: I Stilwater;Whitney;Zweifel j Review Date:F 5/14/2013 Culvert Details Level A Parameters ID Shape Material Span Rise Length WDIC Aoron WSDrop Location Countersunk Backwater Sloe 1.1 RND OTH 0.91 0.91 49.60 0.02 NO 3.90 Outlet No No 7.42 All dimensions in meters Channel Description 3 ! e Toe Width(m): I.� •'�.� ��.� -, c • Average Width(m): 3.80 "�- ;; ,P _.4- ct_..1 � Culvert/Stream Width Ratio:1 0.24s' ; Plunge Pool .: :p Length(m): -999.99 r�- Max Depth(m): -99.99 OHW Width(m): -999.99 Road Fill Depth(m): 1 14.00 Assessment Results Barrier: Yes Passability(%): Method: ' Level A Reason: F__w__s_6rop7 Fishway Present: No Recheck: Comments The US end is PCC and the DS end is PVC,both at a.91 m.There is an angular boulder headwall on the US end.The stream outfalls onto riprap on the DS end,there is no plunge pool.Most of the road fill appears to controlled by gabion baskets on DS end. Potential Habitat Gain Survey Type: TDLME Spawning(sq m):F -991Length(m): 783 Significant Reach:I_ Yes Rearing(sq m): -9991 PI Total C� 3/10/2014 Page 1 of 1 WDFW Fish Passage and Diversion Screening Inventory Database Habitat Survey Summary Report Site ID: 920424 Latitude: 47.576719402 Longitude: -122.619658656 WRIA: 15 Stream: unnamed Tributary To: Port Washington Nar PI Total: Survey Type j TD ME Spreadsheet File(s): 920424.xls Downstream Survey Date: 3/6/2014 Crew: Thompson;Zweifel Length(m): 240 Downstream Comments: Gradient 5-16%;separated sections of RND PCC throughout survey; average BFW =3.8m; steep banks with recent mass wasting;substrate is predominately cobbles and gravels. Upstream Survey Date:F 3/6/2014 1 Crew: Thompson;Zweifel Length(m): 783 Upstream Comments: - Drove to end of fish use, took gps coordinates and map-measured. Potential Habitat Gain Lineal(m): 783 Distribution Gain Direction(Resident Only): ® Spawning Area(sq m): -999 Anadromous Rearing Area(sq m): 99 9 OO Resident Only © Unknown Potential Species Benefit ❑ Sockeye/Kokanee ❑ Chinook © Searun Cutthroat ❑ Pink ❑ Coho ❑ Resident Trout ❑ Chum ❑O Steelhead ❑ Bull Trout 3/10/2014 Page 1 of 1 400 200 0 400 Meters 49 ' r'�'i �; ..a '- ...mss '�I•� - ._ .ir u' �i Verified End of Fish Use 03/06/2014 ;'", •};?�-/ ford � . "�' ,, • :: J .. ,fir' ♦ + : �t • • + - i �' 4+~ a 920424 .. t ',!-,,•;�J j !� , •.X it v _ ,.••N h �!. L Mfr �• �.Irl AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Resolution No. 3229 to change Study Session Date: August 13, 2014 the name of South Kitsap Industrial Area COUNCIL MEETING Date: August 20, 2014 (SKIA)to Puget Sound Industrial Center- Department: Executive Bremerton Presenter: Mayor Lent Phone: 360.473.5266 SUMMARY: 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 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. ATTACHMENTS: Resolution No. 3229 Kitsap Sun Minding Your Business Blog Post regarding SKIA Naming FISCAL IMPACTS (Include Budgeted Amount): Minimal impact, staff will update new city documents as they are prepared. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3229 changing the name of South Kitsap Industrial Area (SKIA) to Puget.Sound Industrial Center- Bremerton. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 RESOLUTION NO. 3229 A RESOLUTION of the City Council of the City of Bremerton, Washington, renaming the South Kitsap Industrial Center(SKIA) to Puget Sound Industrial Center- Bremerton. WHEREAS, the South Kitsap Industrial Area (SKIA) was designated by Puget Sound Regional Council as a Manufacturing/ Industrial Center in 2003 while it was under the jurisdiction of Kitsap County; and WHEREAS, Most of the territory within SKIA was annexed to the City of Bremerton beginning in 2008; and WHEREAS, following annexation, the Port of Bremerton and the City have had a cooperative relationship to prepare plans for the future economic growth of SKIA; and WHEREAS, the Port of Bremerton and the City both desire to implement the job growth goals established in the subarea planning effort and key to that implementation is a marketing plan that includes a name that is more reflective of the industrial center's location in Bremerton,NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Name Change. The South Kitsap Industrial Center(SKIA) is hereby renamed the Puget Sound Industrial Center- Bremerton. The renaming of SKIA as set forth herein has been approved by the Port of Bremerton. SECTION 2. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 3. ELfective Date. This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington this day of , 2014. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Resolutions\Community Development\SKIA Name Change doe 1 Rename SKIA to Puget Sound Industrial Center-Bremerton Minding Your Business » Blog Archive » Is it time to rename SKIA?#axzz38ypSY9ct Page 1 of 1 Is it time to rename SKIA? July 23rd,2014 by TTed7Sooter _ _ The Port of Bremerton needs to recruit manufacturers to the slow-growing South Kitsap Industrial Area. But most companies outside the region have never heard of Kitsap County,let alone its southern extremities.Given the county's lack of name recognition,port Commissioner Axel Strakeljahn believes it's time to rebrand SKIA. 'I"Where is South Kitsap and what does that mean to you?"Strakeljahn said at a Tuesday night commission meeting."It has no meaning outside our local area." His solution?Give the 3,500-acre industrial area a name that reflects the broader region."Puget Sound Industrial Center"was one suggestion Strakeljahn said he and port CEO Jim Rothlin have informally discussed a potential name change with a number of area leaders, including representatives from Puget Sound Regional Council and Bremerton Mayor Patty Lent.The idea was well received. Commissioners Larry Stokes and Roger Zabinski said they also agreed broadly with the proposal.Port staff will craft a name change resolution to bring back to the commission,and seek input from stakeholders. SKIA,which includes Bremerton National Airport,Olympic View Industrial Park and a mix of port and private property,was designated as a regional Manufacturing/Industrial Center in 2003.Bremerton later annexed much of the land.About 870 people were employed in the area as of 2010,according to a PSRC profile(embedded below). The port plans to resume construction next summer on a connector road that will provide access from Highway 3 to undeveloped portions of SKIA,via Old Clifton Road. Photo-Ben Johnson of Defiance Boats,works on a 25-foot sportfishtng boat in the South Kitsap Industrial Area LARRY STEAGALL/ KITSAP SUN http://pugetsoundblogs.com/minding-your-business/2014/07/23/is-it-time-to-rename-skia/ 7/30/2014 AGENDA BILL CITY OF BREMERTON CITY COUNCIL _ ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeee■ SUBJECT: Ordinance No. 5255 providing Study Session Date: for the issuance and sale of not to exceed August 13, 2014 $8,000,000 principal amount of water and COUNCIL MEETING Date: August 20, 2014 sewer revenue bonds and delegating Department: Financial Services authority to the Mayor or Director of Presenter: Cathy Johnson Financial Services to approve final terms of Phone: 473-5296 the bonds SUMMARY: In April of 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 ($2M and $5M respectively), associated bonds reserves and costs of issuance. The attached 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 begin tied to a date certain based on Council meeting schedules. ATTACHMENTS: Ordinance No. 5255 FISCAL IMPACTS (Include Budgeted Amount): Issuance of the bonds and associated annual debt service was anticipated in the 2014 adopted budget for the Water and Wastewater funds. The amounts correspond to those anticipated in the 2013 rate study. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: 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. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 CITY OF BREMERTON, WASHINGTON WATER AND SEWER REVENUE BONDS, 2014 ORDINANCE NO. 5255 AN ORDINANCE 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 to obtain funds for certain capital improvements to the City's water and sewer system; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. Passed: August 20, 2014 This document prepared by: Foster Pepper PLLC 1111 Third Avenue, Suite 3400 Seattle, Washington 98101 (206) 447-4400 513836982 TABLE OF CONTENTS Page Section1. Definitions............................................................................................................... 1 Section 2. Plan of Improvements............................................................................................. 7 Section 3. Authorization of the Bonds..................................................................................... 7 Section 4. Description of the Bonds; Appointment of Designated Representative................. 7 Section 5. Bond Registrar; Registration and Transfer of Bonds.............................................. 8 Section6. Payment of Bonds................................................................................................. 10 Section 7. Redemption Provisions and Open Market Purchase of Bonds............................. 10 Section 8. Failure to Pay Bonds............................................................................................. 11 Section 9. Combined Utility System Fund ............................................................................ 11 Section 10. Rate Stabilization Account ................................................................................... 12 Section11. Bond Account....................................................................................................... 12 Section 12. Adequacy of Revenue........................................................................................... 14 Section 13. General Covenants................................................................................................ 14 Section 14. Tax Covenants; Designation of Bonds as "Qualified Tax-Exempt Obligations".......................................................................................................... 17 Section 15. Payment Agreements. ........................................................................................... 18 Section 16. Future Parity Bonds.............................................................................................. 19 Section 17. Refunding or Defeasance of the Bonds ................................................................ 21 Section 18. Form of the Bonds ................................................................................................ 22 Section 19. Execution and Authentication of the Bonds .........................................................24 Section 20. Lost or Stolen Bonds............................................................................................. 25 Section 21. Sale and Delivery of the Bonds. ........................................................................... 25 Section 22. Official Statement................................................................................................. 25 Section 23. Continuing Disclosure .......................................................................................... 25 Section 24. Application of Bond Proceeds.............................................................................. 28 Section 25. Events of Default.................................................................................................. 28 Section 26. Bondowners' Trustee............................................................................................29 Section 27. Suits at Law or in Equity...................................................................................... 29 Section 28. Application of Money Collected by Bondowners' Trustee.................................. 30 Section 29. Duties and Obligation of Bondowners' Trustee................................................... 30 Section 30. Suits by Individual Bondowners Restricted.......................................................... 31 Section 31. Authorization to Officials and Agents.................................................................. 32 Section 32. Supplements and Amendments............................................................................. 32 Section33. Severability........................................................................................................... 33 Section34. Ratification............................................................................................................ 33 Section 35. Effective Date. ...................................................................................................... 33 -i- 513836982 CITY OF BREMERTON,WASHINGTON ORDINANCE NO. 5255 AN ORDINANCE 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 to obtain funds for certain capital improvements to the City's water and sewer system; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City's designated representative to approve the final terms of the sale of the bonds; and providing for other related matters. WHEREAS, the City of Bremerton, Washington (the "City") owns, operates and maintains a combined waterworks, sewerage and storm drainage system(the"System"); and WHEREAS, it is in the best interest of the City that the City undertake various capital improvements to the System; and WHEREAS, the City now has outstanding its Water and Sewer Revenue and Refunding Bond, 2007 issued pursuant to Ordinance No. 5011 passed by the City Council on June 6, 2007 (the"2007 Bond"); and WHEREAS, in order to finance capital improvements to the System, it is hereby found necessary and advisable that the City issue water and sewer revenue bonds (the "Bonds") with a lien on the revenues of the System; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES ORDAIN as follows: Section 1. Definitions. As used in this ordinance the following words shall have the following meanings: "Annual Debt Service"for any fiscal year or calendar year means the sum of- A. fA. the interest due in such year on all outstanding Parity Bonds excluding, however, interest to be paid from the proceeds of Parity Bonds, and any Payment Agreement Payments due in such year, B. the principal of all outstanding Serial Bonds due in such year, and C. the Sinking Fund Requirement, if any, for such year. If the interest rate on any such bonds is other than a fixed rate, the rate applicable at the time of the computation shall be used. Notwithstanding the foregoing, debt service on Parity Bonds with respect to which a Payment Agreement is in force shall be calculated by the City to reflect the net economic effect -1- 51383698.2 on the City intended to be produced by the terms of such Parity Bonds and the terms of such Payment Agreement, in accordance with the requirements applicable to such Payment Agreement. Once the 2007 Bond is no longer outstanding, the City may deduct the direct payment the City is expected to receive in respect of any Future Parity Bonds for which the federal government will provide the City with a direct payment of a portion of the interest from the interest portion-of Annual Debt Service for calculating the Reserve Account Requirement. "Assessments" means assessments (including interest and penalties) levied in any utility local improvement district of the City for the acquisition or construction of additions and improvements to and extension of the System, if such assessments are pledged to be paid into the Bond Account, including ULID No. 2002-01. "Authorized Denomination" means $5,000 or any integral multiple thereof within a maturity. "Average Annual Debt Service" means the amount determined by dividing (A) the sum of all interest and principal to be paid on all Parity Bonds from the date of determination to the last maturity date of such Parity Bonds, by (B) the number of fiscal years or calendar years from and including the fiscal year or calendar year in which the determination is made to the last fiscal year or calendar year in which any of such Parity Bonds will be outstanding. "Beneficial Owner"means, with respect to a Bond, the owner of any beneficial interest in that Bond. "Bond Account" means that special fund of the City to be known as the "Utility Debt Service Account," created for the purpose of paying and securing the principal of and interest on the Bonds, the 2007 Bond and any Future Parity Bonds. "Bond Register" means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of the Bonds. "Bond Registrar" means the Fiscal Agent, or any successor bond registrar selected by the City. "Bonds" means the bonds issued pursuant to and for the purposes provided in this ordinance. "City" means the City of Bremerton, Washington, a first class city of the State of Washington. "Code" means the federal Internal Revenue Code of 1986, as amended, and applicable regulations thereunder. "Council" means the City Council of the City, the general legislative authority of the City, as the same shall be duly and regularly constituted from time to time. -2- 513N3698 2 "Combined Utility System Fund" means the water system revenue fund, the sewer system revenue fund and the storm drainage system revenue fund (and sub-funds and accounts therein) of the City heretofore created into which fund shall be paid the Gross Revenue of the System. "Director of Financial Services" means the duly qualified, appointed and acting Director of Financial Services of the City or any other officer who succeeds to the duties now delegated to that office. "DTC"means The Depository Trust Company,New York,New York, or its nominee. "Designated Representative" means the officer of the City appointed in Section 4 of this ordinance to serve as the City's designated representative in accordance with RCW 39.46.040(2). "Final Terms"means the terms and conditions for the sale of the Bonds including, but not limited to, the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. "Fiscal Agent" means the fiscal agent of the State, as the same may be designated by the State from time to time. "Future Parity Bonds" means all revenue bonds or other revenue obligations of the City issued after the date of the issuance of the Bonds and having a lien upon Gross Revenue for the payment of the principal thereof and interest thereon equal to the lien upon Gross Revenue for the payment of the principal of and interest on the Bonds and the 2007 Bond. "Government Obligations" has the meaning given to such term in RCW Chapter 39.53, as the same may be amended from time to time. "Gross Revenue" means all earnings and revenue, except Assessments, received by the System from any source, including proceeds from the sale of forest products from System-owned lands, except general ad valorem taxes, grants from the state, federal or local governments, earnings in any refunded bond escrow account or fund, gifts to the System for capital purposes, proceeds from the sale of City or System property, and proceeds of City or System obligations. "Issue Date" means, with respect to the Bonds, the date of initial issuance and delivery of the Bonds to the Underwriter in exchange for the purchase price of the Bonds. "Letter of Representations" means the Blanket Issuer Letter of Representations between the City and the Securities Depository, dated November 19, 1997, as it may be amended from time to time, and any successor or substitute letter relating to the operational procedures of the Securities Depository. "MSRB"means the Municipal Securities Rulemaking Board. -3- 513836982 "Maximum Annual Debt Service" means the maximum amount of Annual Debt Service which shall become due in any future year on the outstanding Bonds, the 2007 Bond or Future Parity Bonds. "Moody's" means Moody's Investors Services or its comparably recognized business successor. "Net Revenue"means Gross Revenue less the Operating and Maintenance Expenses. "Operating and Maintenance Expenses" means all reasonable expenses incurred by the City in causing the System to be operated and maintained in good repair, working order and condition, including without limitation payments (other than payments out of proceeds of Parity Bonds) of premiums for insurance on the System, and any State-imposed taxes, and also including all payments made to another agency for treatment or disposal of sewerage or acquisition of water, but excluding depreciation and amortization, and any City-imposed utility taxes or payments in lieu of taxes payable from the Gross Revenue of the System. "Parity Bonds"means the Bonds, the 2007 Bond and any Future Parity Bonds. "Payment Agreement" means, to the extent permitted from time to time by applicable law, a written agreement entered into by the City (A) in connection with or incidental to the issuance, incurring or carrying of any Parity Bonds; (B) for the purpose of managing or reducing the City's exposure to fluctuations or levels of interest rates, currencies or commodities or for other interest rate, investment, asset or liability management purposes; (C) with a Qualified Counterparty; and (D) which provides, on either a current or forward basis, for an exchange of payments determined in accordance with a formula specified therein. "Payment Agreement Payments" means the amounts periodically required to be paid by the City to the Qualified Counterparty pursuant to a Payment Agreement. The term "Payment Agreement Payments"does not include any termination payment required to be paid with respect to a Payment Agreement. "Payment Agreement Receipts" means the amounts periodically required to be paid by the Qualified Counterparty to the City pursuant to a Payment Agreement. "Permitted Investments" means any investments or investment agreements permitted for cities under the laws of the State of Washington as amended from time to time. "Principal and Interest Account" means the account of that name previously created in the Bond Account for the payment of the principal of and interest on the Bonds and any Future Parity Bonds. "Professional Utility Consultant" means the independent person(s) or firm(s) selected by the City having a favorable reputation for skill and experience with water, wastewater and storm drainage systems of comparable size and character to the System in such areas as are relevant to the purposes for which they are retained. "Project"means the improvements to the System identified in Section 2 hereof. -4- 513M369%? "Qualified Counterparty" means with respect to a Payment Agreement an entity (A)whose senior long term debt obligations, other senior unsecured long term obligations or claims paying ability or whose payment obligations under a Payment Agreement are guaranteed by an entity whose senior long term debt obligations, other senior unsecured long term obligations or claims paying ability are rated (at the time the Payment Agreement is entered into) at least as high as A3 by Moody's and A- by S&P, or the equivalent thereof by any successor thereto, and (B)who is otherwise qualified to act as the other party to a Payment Agreement under any applicable laws of the State. "Qualified Insurance" means any unconditional municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States or by a service corporation acting on behalf of one or more.such insurance companies, which insurance company or service corporation, as of the time of issuance of such policy or surety bond, is currently rated in one of the two highest rating categories by Moody's and S&P. "Qualified Letter of Credit" means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of the owners of any Parity Bonds, which institution maintains an office, agency or branch in the United States and as of the time of issuance of such letter of credit, is currently rated in one of the two highest rating categories by Moody's or S&P. "Rate Stabilization Account" means the account of that name authorized to be created within the Combined Utility System Fund pursuant to Section 10 of this ordinance. "Rating Agency" means any nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City. "Rebate Amount" means the amount, if any, determined to be payable with respect to the Bonds to the United States of America in accordance with Section 148(f) of the Code. "Record Date" means the Bond Registrar's close of business on the 15th day of the month preceding an interest payment date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar's close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 7. "Registered Owner" means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book—entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. "Reserve Account" means the account of that name previously created in the Bond Account to secure the payment of principal of and interest on the Parity Bonds. "Reserve Account Requirement" means with respect to all outstanding Parity Bonds the lesser of (A) 125% of Average Annual Debt Service or (B) maximum Annual Debt Service; provided, however, that at the time of issuance of any series of Parity Bonds, the Reserve -5- 513A369R 2 Account Requirement allocable to a series of Parity Bonds shall not exceed 10% of the initial principal amount of that series of Parity Bonds. "Resource Obligation" means an obligation of the City to pay the following costs associated with a resource from Gross Revenue as (A) Operating and Maintenance Expenses for any month in which any Resources were made available to the System during such month (regardless of whether or not the System actually scheduled or received Resources during such month) and (B) at all other times as an indebtedness of the System payable from Gross Revenue on a parity of lien with Parity Bonds: (i) costs associated with the System and any Resources hereafter acquired, purchased or constructed by the City and declared by the Council to be a separate system, which such costs shall include but are not limited to costs of normal operation and maintenance, renewals and replacements, additions and betterments and debt service on the bonds or other obligations of such separate system, but shall exclude costs paid or to be paid from the proceeds of the sale of bonds or other obligations of such separate system, and (ii) costs associated with the purchase of Resources under a contract. "Resources"means facilities or resources of the System. "Rule 15c2-12" means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. "SEC"means the United States Securities and Exchange Commission. "Securities Depository" means DTC, any successor thereto, any substitute securities depository selected by the City, or the nominee of any of the foregoing. Any Securities Depository must be qualified under applicable laws and regulations to provide the services proposed to be provided by it. "S&P"means Standard & Poor's Rating Services, or its comparably recognized business successor. "Serial Bonds"means Parity Bonds other than Term Bonds. "Sinking Fund Requirement" means, for any fiscal year or calendar year, the principal amount of Term Bonds required to be purchased, redeemed or paid at maturity in such year as established by the ordinance of the City authorizing the issuance of such Term Bonds. "State"means the State of Washington. "System" means the existing combined water and sewerage system of the City, including the storm drainage system, together with any refuse disposal system or other utility system now or hereafter combined therewith, as the same may be added to, improved and extended for as long as the Bonds and any Future Parity Bonds are outstanding, but shall not include any separate utility system established by the City. -6- 5139369A 2 "Term Bonds" means any Future Parity Bonds identified as Term Bonds in the ordinance authorizing the issuance thereof, the payment of the principal of which is provided for by a mandatory schedule of deposits of money equal (in the aggregate) to the full principal amount of such Term Bonds, into the Bond Account, and by a mandatory redemption schedule corresponding(as to time and amounts) to such mandatory schedule of deposits. "2007 Bond" means the City's "Water and Sewer Revenue and Refunding Bond, 2007" issued under date of June 14, 2007, pursuant to Ordinance No. 5011. "Undertaking" means the undertaking to provide continuing disclosure entered into pursuant to Section 23 of this ordinance. "Underwriter" means D.A. Davidson & Co. who has been selected by the Designated Representative to serve as the underwriter for the Bonds. "ULID No. 2002-01" means Utility Local Improvement District No. 2002-01 established by the City pursuant to Ordinance No. 4837. Section 2. Plan of Improvements. The City hereby specifies and adopts a system or plan of additions to and betterments and extensions of the System, including water, distribution and sewer main replacements and cleaning, machinery and equipment, meter replacements, fire hydrants, reservoir coatings, road access maintenance, improvements and replacements, land purchase, Washington Avenue project improvements and restoration, wastewater treatment plan and pump station improvements, odor control replacements, generation installations, sewer, pumps and filter replacements and upgrades (collectively, the "Project"), and any other capital improvements to the System approved by the Council. The Project will be undertaken in accordance with specifications and contracts for acquisition and construction approved by the Council from time to time. It is hereby provided that the Project shall be subject to such changes as to details as may be authorized by the Council either prior to or during the actual course of construction. The estimated cost of the Project is approximately$7,000,000. Section 3. Authorization of the Bonds. The City shall now issue and sell its water and sewer revenue bonds to provide funds to pay costs of the Project, to fund the Reserve Account and to pay costs of issuance of the Bonds. Section 4. Description of the Bonds, Appointment of Designated Representative. The Mayor or Director of Financial Services is appointed as the City's Designated Representative and is authorized and directed to conduct the sale of the Bonds in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as she deems advisable, within the following parameters: A. Principal Amount. The Bonds may be issued in one or more series and shall not exceed the aggregate principal amount of$8,000,000. B. Date or Dates. The Bonds shall be dated as of their date of delivery to the Underwriter,which date may not be later than December 31, 2015. -7- 513836982 C. Denominations, Series Designation, etc. The Bonds must be issued in Authorized Denominations, shall be numbered separately in the manner and shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative. D. Interest Rate(s). The Bonds shall bear interest at fixed rates per annum (computed on the basis of a 360-day year of twelve 30-day months) from their date or from the most recent interest payment date for which interest has been paid or duly provided for, whichever is later. One or more rates of interest may be fixed for the Bonds, provided that no rate of interest for any Bond may exceed 5.50%, and the "all-in" true interest cost to the City for the Bonds may not exceed 4.50%. E. Payment Dates. Interest must be payable at fixed rates semiannually on such dates as are acceptable to the Designated Representative, commencing no later than one year following the Issue Date. Principal payments shall commence on a payment date acceptable to the Designated Representative and must be payable at maturity or in mandatory redemption installments on such dates as are acceptable to the Designated Representative. F. Final Maturity. The Bonds shall mature no later than December 1, 2034. G. Redemption Rights. In her discretion, the Designated Representative may approve provisions for the optional and mandatory redemption of Bonds, as follows: (i) Optional Redemption. Any Bond may be designated as being (A) subject to redemption at the option of the City prior to its maturity date or (B) not subject to redemption prior to its maturity date. (ii) Mandatory Redemption. Any Bond may be designated as a Term Bond, subject to mandatory redemption prior to its maturity. H. Price. The purchase price for the Bonds may not be less than 98% or more than 130%of the stated principal amount of the Bonds. I. Other Terms and Conditions. (i) The Bonds may be sold in accordance with Section 21 of this ordinance. (ii) The Designated Representative may determine whether it is in the City's best interest to provide for bond insurance or other credit enhancement; and may accept such additional terms, conditions and covenants as she may determine are in the best interests of the City, consistent with this ordinance. Section 5. Bond Registrar; Registration and Transfer of Bonds. A. Registration of Bonds. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. -8- 513M369%2 B. Bond Registrar; Duties. The Fiscal Agent is appointed as Bond Registrar for the Bonds. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City's paying agent for the Bonds and to carry out all of the Bond Registrar's powers and duties under this ordinance. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar's Certificate of Authentication on each Bond. The Bond Registrar may become a Registered Owner of a Bond with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Beneficial Owners. C. Bond Register; Transfer and Exchange. The Bonds shall be issued only in registered form as to both principal and interest and shall be recorded on the Bond Register. The Bond Register shall contain the name and mailing address of the Registered Owner of each Bond and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds in any Authorized Denomination of an equal aggregate principal amount and of the same interest rate and maturity. Bonds may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Registered Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. D. Securities Depositorv; Book-Entry Form. The Bonds initially shall be registered in the name of Cede & Co., as the nominee of DTC, acting as Securities Depository. Bonds so registered shall be held fully immobilized in book-entry form by DTC in accordance with the provisions of the Letter of Representations. Registered ownership of any Bond (or portion of a Bond) held in book-entry form may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City or such substitute Securities Depository's successor; or(iii) to any person if the Bonds are no longer held in book-entry form. Upon the resignation of the Securities Depository from its functions as depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If(i) a Securities Depository resigns from its functions as depository, and no substitute Securities Depository can be obtained, or (ii) the City determines that a Bond is to be in certificated form, such Bond no longer shall be held in book-entry form and the ownership of such Bond may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice which is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. -9- 513936982 Section 6. Payment of Bonds. Principal of and interest on the Bonds shall be payable in lawful money of the United States of America. For as long as a Bond is registered in the name of the Securities Depository, payment of principal of and interest on that Bond shall be made in the manner set forth in the Letter of Representations. If a Bond ceases to be in book-entry form, interest on that Bond shall be paid by electronic transfer on the interest payment date, or by check or draft of the Bond Registrar mailed on the interest payment date to the Registered Owner at the address appearing on the Bond Register as of the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least 10 days before an interest payment date and at the sole expense of the requesting Registered Owner. Principal of a Bond shall be payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 7. Redemption Provisions and Open Market Purchase of Bonds. A. Optional Redemption. The Bonds shall be subject to optional redemption acceptable to the Designated Representative, within the parameters set forth in Section 4. Any Bond that is subject to optional redemption may be selected by the City, in its sole discretion, for redemption in whole or in part at any time. B. Mandatory Redemption. Bonds designated as Term Bonds by the Designated Representative, within the parameters set forth in Section 4, if not previously redeemed under any optional redemption provisions, defeased or purchased and surrendered for cancellation under the provisions set forth below, shall be called for redemption at a price equal to the stated principal amount to be redeemed, plus accrued interest. If Term Bonds are redeemed under the optional redemption provisions, defeased or purchased by the City and cancelled, the principal amount of the Term Bonds so redeemed, defeased or purchased (irrespective of their actual redemption or purchase prices) shall be credited against one or more scheduled mandatory redemption amounts for those Term Bonds. The City shall determine the manner in which the credit is to be allocated and shall notify the Bond Registrar in writing of its allocation prior to the earliest mandatory redemption date for that maturity of Term Bonds for which notice of redemption has not already been given. C. Selection of Bonds for Redemption; Partial Redemption. All or a portion of the principal amount of any Bond that is subject to optional or mandatory redemption may be redeemed in any Authorized Denomination. If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond (or Bonds, at the option of the Registered Owner) of the same maturity and interest rate in any Authorized Denomination in the aggregate principal amount remaining unredeemed. The principal portion of any Bond registered in the name of the Securities Depository which is to be partially redeemed shall be selected in accordance with the Letter of Representations. If a Bond ceases to be held in book- entry form, the portion to be partially redeemed shall be selected randomly in such manner as the Bond Registrar shall determine. D. Notice of Redemption. While a Bond is registered in the name of the Securities Depository, notice of redemption shall be given as required in accordance with the _10- 513936982 Letter of Representations. If a Bond ceases to be held in book-entry form, unless waived by the Registered Owner of the Bond to be redeemed, the City shall cause notice of an intended redemption of Bonds to be given by the Bond Registrar not less than 20 nor more than 60 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner of each Bond to be redeemed at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner of any Bond. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Designated Representative shall determine, but these additional mailings shall not be a condition precedent to the redemption of a Bond. E. Rescission of Optional Redemption Notice. In the case of an optional redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice and the optional redemption of those Bonds by giving a notice of rescission to the affected Registered Owners at any time prior to the scheduled optional redemption date. Any notice of optional redemption that is so rescinded shall be of no effect, and a Bond for which a notice of optional redemption has been rescinded shall remain outstanding. F. Effect of Redemption. Interest on Bonds called for redemption shall cease to accrue on the date fixed for redemption, unless either the notice of redemption is rescinded as set forth above, or money sufficient to effect such redemption is not on deposit in the Bond Account (or in an escrow account established to carry out a refunding or defeasance of the redeemed Bonds, if any). G. Open Market Purchase. The City reserves the right to purchase any or all of the Bonds in the open market at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 8. Failure to Pay Bonds. If any Bond is not redeemed when properly presented at its maturity date or date fixed for redemption, the City shall be obligated to pay interest on that Bond at the same rate provided in the Bond from and after its maturity or date fixed for redemption until that Bond, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Bond Account and the Bond has been called for payment by giving notice of that call to the Registered Owner. Section 9. Combined Utility System Fund. The City pledges to pay all of the Gross Revenues of the System as collected into the Combined Utility System. Fund. The Gross Revenue deposited in the Combined Utility System Fund shall be used only for the following purposes and in the following order of priority: FIRST, to pay the Operating and Maintenance Expenses and costs associated with a Resource Obligation (to the extent payable as Operating and Maintenance Expenses); SECOND, to make all required payments into the Principal and Interest Account for all Parity Bonds and to make Payment Agreement Payments; -11- 51383698 2 THIRD, to make all required payments into the Reserve Account for all Parity Bonds and to make all payments required to be made pursuant to a reimbursement agreement in connection with a Qualified Insurance or Qualified Letter of Credit, except that if there is not sufficient money to make all payments under reimbursement agreements, the payments will be made on a pro rata basis; FOURTH, to make all required payments into any revenue bond redemption fund created to pay and secure the payment of the principal of and interest on any revenue bonds or short-term obligations of the City having a lien and charge upon the Gross Revenue of the System subordinate and inferior to the lien thereon for the payment of principal of and interest on any Parity Bonds; and FIFTH, to redeem and retire any water and sewer revenue bonds of the City then outstanding or to purchase any or all of those bonds in the open market, to make necessary additions, betterments, repairs, extensions and replacements of the System or other purposes proper to its maintenance and operation, including the payment of any City-imposed utility taxes or payments in lieu of taxes payable from Gross Revenue of the System, or for any other lawful City purpose. The City may transfer from any funds or accounts of the City legally available therefor, except bond redemption funds, any money therein to meet the required payments to be made into the Bond Account. Section 10. Rate Stabilization Account. A special account of the City to be designated the "Water and Sewer Rate Stabilization Account" (the "Rate Stabilization Account") may be created within the Combined Utility System Fund, at the discretion of the Director of Financial Services, to cope with future increases in revenue requirements of the System. The City may from time to time appropriate or budget amounts in the Combined Utility System Fund for deposit in the Rate Stabilization Account and may from time to time withdraw amounts therefrom to prevent or mitigate water and sewer rate increases or for other lawful purposes of the City related to the System. Amounts withdrawn from the Rate Stabilization Account shall increase Gross Revenue for the period for which they are withdrawn, and amounts deposited in the Rate Stabilization Account shall reduce Gross Revenue for the period for which they are deposited. Credits to or from the Rate Stabilization Account that occur within 90 days after the end of a fiscal year may be treated as occurring within such fiscal year. Earnings on the Rate Stabilization Account shall be credited to the Combined Utility System Fund. Section 11. Bond Account. There has heretofore been created in the office of the Director of Financial Services a fund of the City known as the "Utility Debt Service Account" (the "Bond Account"), which fund shall be drawn upon for the sole purpose of paying the principal of, premium if any, and interest on the Parity Bonds. The money in the Bond Account shall be kept separate and apart from all other funds and accounts of the City. A. Debt Service Account. A special account known as the Debt Service Account has been created in the Bond Account for the purpose of paying the principal of, premium, if any, and interest on the Parity Bonds. -12- 513836982 As long as the Bonds remain outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Combined Utility System Fund into the Debt Service Account, on or before the date due, those amounts necessary, together with Gross Revenue collected and deposited and such other money as is on hand and available therefor in the Debt Service Account, to pay the interest or principal and interest next coming due on the outstanding Parity Bonds. The City covenants and agrees that in the event it issues any Future Parity Bonds that are Term Bonds, it will provide in each ordinance authorizing the issuance of the same for annual payments to be made from the Combined Utility System Fund into the Debt Service Account sufficient together with Gross Revenue collected and deposited and such other money as is on hand and available therefor in such account to satisfy the Sinking Fund Requirement with respect to such Term Bonds. B. Reserve Account. A Reserve Account has been created in the Bond Account for the purpose of securing the payment of the principal of and interest on the Bonds, the 2007 Bond and any Future Parity Bonds. The City hereby covenants that it will deposit into the Reserve Account Bond proceeds or other available funds in a sum equal to the Reserve Account Requirement for the Bonds. The City further covenants that in the event it issues any Future Parity Bonds it will provide in each ordinance authorizing the issuance of such Future Parity Bonds for the payment into the Reserve Account out of Future Parity Bond proceeds, Gross Revenue or Assessments (or, at the option of the City, out of any other funds on hand and legally available therefor) approximately equal additional annual installments so that by five years from the date of issuance of such Future Parity Bonds there will have been paid into the Reserve Account an amount that, together with money already on deposit therein, will be at least equal to the Reserve Account Requirement. The City may substitute Qualified Insurance or a Qualified Letter of Credit for amounts required to be deposited into the Reserve Account. Such Qualified Letter of Credit or Qualified Insurance shall not be cancellable on less than five years' notice. In the event of any cancellation, the Reserve Account shall be funded in accordance with the provisions of this section providing for payment in the event of a deficiency therein, as if the Parity Bonds that remain outstanding had been issued on the date of such notice of cancellation. The City may create a separate reserve account for a series of Future Parity Bonds, in which case the Reserve Account shall not secure Future Parity Bonds. The City further covenants and agrees that when the required deposits have been made into the Reserve Account, it will at all times maintain therein an amount at least equal to the Reserve Account Requirement, as redetermined in each calendar year with respect to the Parity Bonds secured by such Reserve Account. Whenever there is a sufficient amount in the Bond Account, including all accounts therein, to pay the principal of, premium, if any, and interest on all outstanding Parity Bonds, the money in the Reserve Account may be used to pay the principal of, premium, if any, and interest on the Parity Bonds secured thereby. Money in the Reserve Account may also be withdrawn to redeem and retire, and to pay the premium, if any, and interest due to such date of redemption, on the outstanding Parity Bonds secured by such Reserve Account, as long as the money remaining on deposit in such Reserve Account is at least equal to the Reserve Account Requirement determined with respect to the Parity Bonds then outstanding. -13- 5138369N In the event the Bonds outstanding are ever refunded, the money set aside in the Reserve Account to secure the payment thereof may be used to retire Bonds or may be transferred to any other reserve account that may be created to secure the payment of any bonds issued to refund the Bonds. In the event there shall be a deficiency in the Debt Service Account to meet maturing installments of either interest on or principal of and interest on the outstanding Parity Bonds payable out of such Account, such deficiency shall be made up from the Reserve Account by the withdrawal of money therefrom and by the sale or redemption of obligations held in the Reserve Account, if necessary, in such amounts as will provide cash in the Reserve Account sufficient to make up any such deficiency, and if a deficiency still exists immediately prior to an interest payment date and after the withdrawal of cash, the City shall then draw from any Qualified Letter of Credit, Qualified Insurance, or other equivalent credit facility in sufficient amount to make up the deficiency. Such draw shall be made at such times and under such conditions as the agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. If more than one Qualified Letter of Credit or Qualified Insurance is available, draws shall be made ratably thereon to make up the deficiency. Any deficiency created in the Reserve Account by reason of any such withdrawal shall then be made up from money in the Combined Utility System Fund first available after making the payments required to be made under paragraphs "FIRST"through "FOURTH" of Section 9 of this ordinance. C. Lien of Bond Account. The Bonds, together with the interest thereon, shall be payable from Assessments, if any, and Gross Revenue, and such Assessments and Gross Revenue are hereby pledged and set aside out of the Combined Utility System Fund into the Bond Account. The amounts so pledged are hereby declared to be a lien and charge upon Assessments, if any, and Gross Revenue equal to the lien and charge thereon to secure and pay the principal of and interest on any Future Parity Bonds and superior to all other charges of any kind or nature, except the Operating and Maintenance Expenses. D. Investment of Money in Bond Account. All money in the Debt Service Account or Reserve Account may be kept in cash or invested in Permitted Investments maturing not later than the maturity of the Bonds outstanding at the time of such purchase. Interest earned on or profits made from the sale of such investments shall be deposited in and become a part of the Bond Account or the Combined Utility System Fund. Section 12. Adequacy of Revenue. The Council hereby declares that in fixing the amounts to be paid into the Bond Account it has considered and has due regard for the Operating and Maintenance Expenses and payments associated with Resource Obligations in any month in which any Resources were made available to the System during such month (regardless of whether or not the System actually scheduled or received energy from such Resources during such month) and has not obligated the City to set aside and pay into the Bond Account more money from the Combined Utility System Fund than in its judgment will be available over and above such Operating and Maintenance Expenses. Section 13. General Covenants. The City hereby covenants with the owner of the Bonds for as long as the same remains outstanding as follows: -14- 513A369R 2 A. Rates and Charges. The City will establish, maintain and collect lawful rates and charges for the use of the services and facilities of the System, and shall adjust such rates and charges from time to time so that: (i) Gross Revenue will at all times be sufficient (a) to pay all Operating and Maintenance Expenses and to pay all taxes, assessments or other governmental charges lawfully imposed on the System or the revenue therefrom or payments in lieu thereof and all other amounts that the City may now be and hereafter become obligated to pay from Gross Revenue by law or contract, and, together with Assessments actually collected, (b) to pay the principal of and interest on all outstanding Parity Bonds as and when the same become due and payable, to make all payments required to be made into the Bond Account to satisfy the Sinking Fund Requirement, and to make when due all payments required to be made into the Reserve Account; and (ii) the Net Revenue in each calendar year will equal at least 1.30 times Annual Debt Service for such year(after deducting Assessments actually collected for such year). For the purpose of meeting the requirement of this paragraph there may be added to Net Revenue for any calendar year any amount withdrawn from the Rate Stabilization Account and credited to Gross Revenue as provided in Section 10 of this ordinance. There shall be subtracted from Net Revenue for any calendar year any amounts in such year withdrawn from the Combined Utility System Fund and deposited into the Rate Stabilization Account in such calendar year. The failure to collect Gross Revenue in any fiscal year sufficient to comply with the covenant contained in this subsection shall not constitute an event of default if the City, before the 90th day of the following fiscal year, both (a) employs a Professional Utility Consultant to recommend changes in the City's rates which are estimated to produce Gross Revenue sufficient (once the rates recommended by the Professional Utility Consultant have been imposed by the City) to meet the requirements of this subsection; and (b) imposes rates at least as high as those recommended by such Professional Utility Consultant at the time or times so recommended. B. Maintenance of System. The City will at all times keep and maintain the System in good repair, working order and condition, and will at all times operate the same and the business in connection therewith in an efficient manner and at a reasonable cost. C. Sale or Disposition of the System. The City will not sell, mortgage, lease or otherwise dispose of or encumber all or any portion of the System, except as follows: (i) The City may sell, mortgage, lease or otherwise dispose of all or substantially all of the System if, simultaneously with such sale, mortgage, lease or other disposition or encumbrance, provision is made for the payment into the Bond Account of cash or Government Obligations sufficient, together with interest to be earned thereon, to pay the principal of and interest on all then outstanding Parity Bonds. (ii) Except as provided in subsection (iii) below, the City will not sell, mortgage, lease or otherwise dispose of or encumber any part of the useful operating properties -15- 5138369~2 of the System in excess of 5% of the value of the net utility plant of the System unless prior to such sale, mortgage, lease or other disposition or encumbrance: (a) there shall have been filed with the Director of Financial Services a certificate of a Professional Utility Consultant stating that such sale, mortgage, lease or other disposition or encumbrance will not impair the ability of the City to comply with the rate covenants set forth in Section 13.A of this ordinance; or (b) provision is made for the payment, redemption or other retirement of a principal amount of outstanding Parity Bonds equal to the greater of the following amounts: (1)an amount that will be in the same proportion to the net principal amount of Parity Bonds then outstanding (defined as the total principal amount of the Parity Bonds less the amount of cash and investments in the Bond Account and accounts therein) that the Net Revenue from the portion of the System sold or disposed of for the 12 preceding months bears to the total Net Revenue for such period; or(2) an amount that will be in the same proportion to the net principal amount of Parity Bonds then outstanding that the book value of the part of the System sold or disposed of bears to the book value of the entire System immediately prior to such sale or disposition. (iii) The City may sell or otherwise dispose of any of the works, plant, properties and facilities of the System or any real or personal property comprising a part of the same with a value less than 5% of the net utility plant of the System or which shall have become unserviceable, inadequate, obsolete or unfit to be used in the operation of the System, or no longer necessary, material to or useful in such operation, without making any deposit into the Bond Account. D. Collection of Assessments. The City shall promptly collect all Assessments levied in any utility local improvement district now or hereafter created to secure the payment of the principal of and interest on any Parity Bonds and shall pay the same into the Bond Account without allocation of such Assessments to any particular series of Parity Bonds. It is hereby provided further, however, that nothing in this ordinance or in this subsection shall be construed to prohibit the City from issuing revenue bonds having a lien on Gross Revenue junior to the lien on such revenue for the payment of the principal of and interest on Parity Bonds and pledging as security for the payments of such junior lien bonds assessments levied in any utility local improvement district that may have been created to pay part or all the cost of improvements to the System for which such junior lien revenue bonds were specifically issued. E. Books and Accounts. The City will maintain complete books and records relating to the operation of the System and its financial affairs, and will cause such books and records to be audited annually, and cause to be prepared an annual financial and operating statement. F. Insurance. The City will carry fire and extended coverage insurance on the System as is ordinarily carried on the property of similar public utilities by other municipal corporations engaged in the operation of the same if such insurance can be obtained at a reasonable cost, to the full insurable value thereof, and will also carry adequate public liability insurance and other kinds of insurance as under good practices are ordinarily carried on the -16- 513836982 properties of similar public utilities by private companies engaged in the operation of the same; provided, however, that the City may if deemed necessary and advisable by the Council, institute or continue a self-insurance program with respect to any or all of the aforementioned risks. The premiums paid for all such insurance shall be regarded and paid as an Operating and Maintenance Expense. G. Delinquencies. The City will promptly collect all service charges and Assessments, determine in a timely manner all delinquencies, and take all necessary legal action to enforce collection of such delinquencies. H. No Free Service. Except as permitted by law, the City will not furnish any service of the System to any customer free of charge. Section 14. Tax Covenants; Designation of Bonds as "Qualified Tax-Exempt Obligations." A. Preservation of Tax Exemption for Interest on the Bonds. The City covenants that it will take all actions necessary to prevent interest on the Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Bonds or other funds of the City treated as proceeds of the Bonds at any time during the term of the Bonds which will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Bonds, including the calculation and payment of any penalties that the City has elected to pay as an alternative to calculating rebatable arbitrage, and the payment of any other penalties if required under Section 148 of the Code to prevent interest on the Bonds from being included in gross income for federal income tax purposes. B. Post-Issuance Compliance. The Director of Financial Services is authorized and directed to review and update the City's written procedures to facilitate compliance by the City with the covenants in this Section 14 and the applicable requirements of the Code that must be satisfied after the issue date to maintain the tax treatment of the Bonds and the receipt of interest thereon. C. Designation of Bonds as "Qualified Tax-Exempt Obligations. " The Bonds shall be designated as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code, if the following conditions are met: (i) the Bonds are not "private activity bonds" within the meaning of Section 141 of the Code; (ii) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds and other obligations not required to be included in such calculation) which the City and any entity subordinate to the City (including any entity that the City controls, that derives its authority to issue tax-exempt obligations from the City, or that issues tax-exempt obligations on behalf of the City) will issue during the calendar year in which the Bonds are issued will not exceed $10,000,000; and -17- 513X369§ (iii) the amount of tax-exempt obligations, including the Bonds, designated by the City as "qualified tax-exempt obligations" for the purposes of Section 265(b)(3) of the Code during the calendar year in which the Bonds are issued does not exceed $10,000,000. Section 15. Payment Agreements. A. General. To the extent and for the purposes permitted from time to time by Chapter 39.96 RCW and other applicable provisions of State law, the City may enter into Payment Agreements with respect to any Parity Bonds, subject to the conditions set forth in this section and in other provisions of this ordinance. B. Manner and Schedule of Payments. Each Payment Agreement shall set forth the manner in which the Payment Agreement Payments and the Payment Agreement Receipts shall be calculated and a schedule of payment dates. C. Authorizing Ordinance. Prior to entering into a Payment Agreement, the Council shall pass an ordinance authorizing such agreement and setting forth such provisions as the Council deems necessary or desirable and are not inconsistent with the provisions of this ordinance. D. Calculation of Payment Agreement Payments and Debt Service on Junior Lien Obligations with Respect to which a Payment Agreement is in Force. It is the intent of the City, for purposes of the rate coverage requirement set forth in Section 13.A(ii) of this ordinance and the Future Parity Bonds test set forth in,Section 16.A(v) of this ordinance, that debt service on Parity Bonds with respect to which a Payment Agreement is in force shall be calculated to reflect the net economic effect on the City intended to be produced by the terms of the Parity Bonds and the terms of the Payment Agreement. In calculating such amounts, the City shall be guided by the following requirements: (i) The amount of interest deemed to be payable on any Parity Bonds with respect to which a Payment Agreement is in force shall be an amount equal to the amount of interest that would be payable at the rate or rates stated in those Parity Bonds plus Payment Agreement Payments minus Payment Agreement Receipts. (ii) For any period during which Payment Agreement Payments are not taken into account in calculating interest on any outstanding Parity Bonds because the Payment Agreement is not then related to any outstanding Parity Bonds, Payment Agreement Payments on that Parity Payment Agreement shall be calculated based upon the following assumptions: (a) City Obligated to Make Payments Based on Fixed Rate. If the City is obligated to make Payment Agreement Payments based on a fixed rate and the Qualified Counterparty is obligated to make payments based on a variable rate index, payments by the City will be based on the assumed fixed payor rate, and payments by the Qualified Counterparty will be based on a rate equal to the average rate determined by the variable rate index specified by the Payment Agreement during the fiscal quarter preceding the quarter in which the calculation is made; and -18- 513836982 (b) City Obligated to Make Payments Based on Variable Rate Index. If the City is obligated to make Payment Agreement Payments based on a variable rate index and the Qualified Counterparty is obligated to make payments based on a fixed rate, payments by the City will be based on a rate equal to the average rate determined by the variable rate index specified by the Payment Agreement during the fiscal quarter preceding the quarter in which the calculation is made, and the Qualified Counterparty will make payments based on the fixed rate specified by the Payment Agreement. Section 16. Future Parity Bonds. The City hereby further covenants with the owner of the Bonds for as long as the same remains outstanding as follows: A. That it will not issue any bonds with a lien on Gross Revenue superior to the lien on such revenues of the Bonds and the 2007 Bond. The City may issue Future Parity Bonds and incur Resource Obligations and obligations under reimbursement agreements related to the provision of credit enhancement devices that secure any Parity Bonds for: FIRST, the purpose of acquiring, constructing and installing additions and improvements to and extensions of, acquiring necessary equipment for, or making necessary replacements or repairs and capital improvements to the System, or for any other lawful purpose; or SECOND, the purpose of refunding or purchasing and retiring at or prior to their maturity any outstanding revenue bonds or other obligations payable out of Gross Revenue; and to pledge that payments be made into the Bond Account for the payment of the principal thereof and interest thereon out of the Combined Utility System Fund sufficient to pay the principal of and interest on such Future Parity Bonds and to maintain the reserves required therefor, which such payments may rank equally with the payments out of such Combined Utility System Fund into the Bond Account and the Reserve Account to pay and secure the payment of the principal of and interest on any Parity Bonds then outstanding, upon compliance with the following conditions: (i) That at the time of the issuance of such Future Parity Bonds there is no deficiency in the Bond Account. (ii) If there are Assessments levied in any utility local improvement district in which additions and improvements to and extensions of the System will be constructed from the proceeds of such Future Parity Bonds, the ordinance authorizing such Future Parity Bonds shall require that such Assessments be paid into the Bond Account. (iii) If there are Assessments pledged to be paid into a warrant or bond redemption fund for revenue bonds or warrants being refunded by Future Parity Bonds, the ordinance authorizing such Future Parity Bonds shall require such Assessments to be used for the refunding or paid into the Bond Account. (iv) The principal of and interest on the Future Parity Bonds shall be payable out of the Bond Account, and the ordinance authorizing their issuance shall further provide for payments into the Bond Account to satisfy the Sinking Fund Requirement and -19- 513836982 payments into the Reserve Account to satisfy the Reserve Account Requirement, all as required by Section 11 of this ordinance. (v) Prior to the delivery of any Future Parity Bonds, the City shall have on file in the office of the Director of Financial Services either: (a) a certificate of the Director of Financial Services showing that the Net Revenue determined as hereafter provided for each calendar or fiscal year after the issuance of such Future Parity Bonds will equal at least 1.30 times the Annual Debt Service (after deducting Assessments, allocated to the years in which they would be received if the unpaid balance of each assessment roll were paid in the remaining number of installments with interest on the declining balance at the times and at the rate provided in the ordinance confirming the assessment roll) for each such calendar or fiscal year for all Parity Bonds plus the Future Parity Bonds proposed to be issued. For purposes this certificate, "Net Revenue" shall be the Net Revenue for a period of any 12 consecutive months (which may include amounts withdrawn from the Rate Stabilization Account, as provided in Section 10 of this ordinance) out of the 24 months immediately preceding the date of delivery of such proposed Future Parity Bonds. (b) a certificate of a Professional Utility Consultant showing that the Net Revenue determined and adjusted as hereafter provided for each calendar or fiscal year after the issuance of such Future Parity Bonds (the "Adjusted Net Revenue") will equal at least 1.30 times the Annual Debt Service (after deducting Assessments, allocated to the years in which they would be received if the unpaid balance of each assessment roll were paid in the remaining number of installments with interest on the declining balance at the times and at the rate provided in the ordinance confirming the assessment roll) for each such calendar or fiscal year for all Parity Bonds plus the Future Parity Bonds proposed to be issued. The Adjusted Net Revenue shall be the Net Revenue for a period of any 12 consecutive months (which may include amounts withdrawn from the Rate Stabilization Account, as provided in Section 10 of this ordinance) out of the 24 months immediately preceding the date of delivery of such proposed Future Parity Bonds as adjusted by such Professional Utility Consultant to take into consideration changes in Net Revenue estimated to occur under the following conditions for each year after such delivery for so long as any Parity Bonds, including the Future Parity Bonds proposed to be issued, shall be outstanding: (x) the additional Net Revenue that would have been received if any change in rates and charges adopted prior to the date of such certificate and subsequent to the beginning of such 12-month period, had been in force during the full 12-month period; (y) the additional Net Revenue that would have been received if any facility of the System that became fully operational after the beginning of such 12-month period had been so operating for the entire period; and (z) the additional Net Revenue estimated by such Professional Utility Consultant to be received as a result of any additions, betterments and improvements to and extensions of any facilities of the System that are (1) under construction at the time of such certificate or(2)will be constructed from the proceeds of the Future Parity Bonds to be issued. -20- 513N369R2 Such Professional Utility Consultant may rely upon, and his or her certificate shall have attached thereto, financial statements of the System certified by the Director of Financial Services showing income and expenses for the period upon which the same is based. B. Notwithstanding the foregoing requirement, if Future Parity Bonds are to be issued for the purpose of refunding at or prior to their maturity any part or all of the then outstanding Parity Bonds and the issuance of such refunding Future Parity Bonds will result in a debt service savings and does not require an increase of more than $5,000 in any fiscal or calendar year for principal of and interest on such refunding Future Parity Bonds over and above the amount required in such year for the principal of and interest on the bonds being refunded thereby, the condition stated in subsection A(v) of this section need not be met. C. Nothing herein contained shall prevent the City from issuing any revenue bonds, warrants or other obligations that are a charge upon the money in the Combined Utility System Fund junior or inferior to the payments required by this ordinance to be made into the Bond Account and the Reserve Account. Section 17. Refunding or Defeasance of the Bonds. The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (A) paying when due the principal of and interest on the affected Bonds (the "defeased Bonds"); (B) redeeming the defeased Bonds prior to their maturity; and (C)paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the "trust account"), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. While a Bond is registered in the name of the Securities Depository, notice of any defeasance shall be given in the manner prescribed in the Letter of Representations for notices of redemption of Bonds. If a Bond ceases to be held in book-entry form, then unless specified by the City in a refunding or defeasance plan, selection of Bonds to be defeased, notice of defeasance and replacement of Bond certificates shall be done in accordance with the provisions of this ordinance for the redemption of Bonds prior to their maturity. -21- 513%3h9H 2 Section 18. Form of the Bonds. The Bonds shall be in substantially the following form: No. $ UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF BREMERTON WATER AND SEWER REVENUE BOND, 2014 INTEREST RATE: % MATURITY DATE: CUSIP NO.: REGISTERED OWNER: CEDE &Co. PRINCIPAL AMOUNT: DOLLARS The City of Bremerton, Washington (the "City"), for value received, hereby promises to pay to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from the , 2014, or the most recent date to which interest has been paid or duly provided for until payment of this Bond at the Interest Rate set forth above, payable on [June 1, 2015], and semiannually thereafter on the first days of each December 1 and June 1. The principal of and interest on this Bond are payable solely out of the special fund of the City known as the Utility Debt Service Account(the"Bond Account"). Both principal of and interest on this Bond are payable in lawful money of the United States of America. For so long as the Bonds are held in fully immobilized form, payments of principal and interest shall be made as provided in accordance with the operational arrangements of DTC referred to in the Blanket Issuer Letter of Representations from the City to The Depository Trust Company. In the event that the Bonds are no longer held in fully immobilized form, interest on this Bond shall be paid by check or draft mailed to the Registered Owner at the address appearing on the Bond Register on the 15th day of the month preceding the interest payment date, and principal of this Bond shall be payable upon presentation and surrender of this Bond by the Registered Owner at the principal office of the fiscal agency of the State of Washington in New York,New York (the "Bond Registrar"). Principal and interest are payable solely out of the Bond Account, into which fund the City hereby irrevocably binds itself to pay certain fixed amounts out of the Gross Revenue of the System, as the same is defined in Ordinance No. of the City (the "Bond Ordinance"), without regard to any fixed proportion, namely, amounts sufficient to pay the principal of and interest on the outstanding Bonds, the 2007 Bond and any additional and/or refunding water and sewer revenue bonds issued on a parity of lien with the Bonds and the 2007 Bond and to accumulate a reserve, all at the times and in the manner set forth in the Bond Ordinance. Reference is made to the Bond Ordinance for definitions of capitalized terms not otherwise defined herein. -22- 5138369K2 This Bond is one of a total issue of$ par value of the Bonds, all of like date and tenor, except as to maturity, redemption provisions and interest rates, all payable from the Bond Account and all issued by the City under and pursuant to the laws of the State of Washington and the Bond Ordinance for the purpose of providing fiords to pay the cost of certain capital improvements to the System as specified in the Bond Ordinance. The Bonds are subject to redemption prior to their stated maturity as provided in the Bond Ordinance and certificate outlining the Final Terms of the Bonds. The Gross Revenue is hereby pledged to the payment of principal of and interest on the Bonds, and the Bonds constitute a charge or lien upon such revenues prior and superior to any other charges whatsoever, excluding charges for Operation and Maintenance Expenses of the System and payments associated with Resource Obligations, if any, and equal to the lien and charge thereon of the 2007 Bond and any Future Parity Bonds. The Bonds are not a general obligation of the City. [The City has designated the bond as qualified tax-exempt obligations for purposes of Section 265(b) of the Internal Revenue Code of 1986.] The City hereby covenants and agrees with the owners of the Bonds to carry out fully all covenants and meet all obligations of the City as set forth herein and in the Bond Ordinance, and reference is hereby made to the Bond Ordinance for a complete statement of such covenants. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication set forth hereon has been signed by the Bond Registrar. This Bond is interchangeable for Bonds of any authorized denomination of an equal aggregate principal amount, and of the same interest rate and maturity. This Bond is transferable only upon the registry books of the Bond Registrar by surrender of this certificate to the Bond Registrar, duly assigned and executed as indicated below. Such exchange or transfer shall be without cost to the owner or transferee. The City may deem the person in whose name this Bond is registered to be the absolute owner thereof for the purpose of receiving payment of the principal of and interest on such Bond and for any and all other purposes whatsoever. The Bond Registrar shall not be obligated to transfer or exchange this Bond during the fifteen days preceding any interest payment date or the date on which notice of redemption of such Bond is to be given nor after such notice has been given. It is hereby certified and declared that the Bonds are issued pursuant to and in strict compliance with the Constitution and laws of the State of Washington and the ordinances of the City and that all acts, conditions and things required to be done precedent to and in the issuance of this Bond have happened, have been done and have been performed as required by law. IN WITNESS WHEREOF, the City has caused this Bond to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile signature of its Cit Clerk, and its corporate seal to be impressed or a facsimile thereof imprinted hereon this [23"] day of[September], 2014. -23- 511836982 CITY OF BREMERTON, WASHINGTON By /s/ Mayor ATTEST: /s/ City Clerk CERTIFICATE OF AUTHENTICATION Date of Authentication: This is one of the City of Bremerton, Washington, Water and Sewer Revenue Bonds, 2014, dated [September 23], 2014, described in the Bond Ordinance. WASHINGTON STATE FISCAL AGENCY Bond Registrar By: Authorized Officer Section 19. Execution and Authentication of the Bonds. The Bonds shall be signed on behalf of the City by the manual or facsimile signature of the Mayor and attested by the manual or facsimile signature of the City Clerk and shall have the seal of the City impressed or a facsimile thereof imprinted thereon. Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Bond Registrar, or issued by the City, such Bonds may nevertheless be authenticated, delivered and issued and upon such authentication, delivery and issuance, shall be as binding upon the City as though those who signed the same had continued to be such officers of the City. Any Bond may also be signed and attested on behalf of the City by such persons as at the actual date of execution of such Bond shall be the proper officers of the City although at the original date of such Bond any such person shall not have been such officer of the City. -24- 513R369R 2 Section 20. Lost or Stolen Bonds. In case any Bonds shall be lost, stolen or destroyed, the Bond Registrar may deliver a new bond or bonds of like amount, date, maturity, interest rate, tenor, and effect to the Registered Owner or nominee thereof upon the owner paying the expenses and charges of the City in connection therewith and upon filing with the Bond Registrar evidence satisfactory to said Bond Registrar that such bond or bonds were actually lost, stolen or destroyed and or ownership thereof, and upon furnishing the City with indemnity satisfactory to both. Section 21. Sale and DeliveEy of the Bonds. A. Manner of Sale of Bonds; Delivery of Bonds. The Designated Representative is authorized to sell the Bonds by negotiated sale to the Underwriter based on her assessment of market conditions, in consultation with appropriate City officials and staff and advisors. In determining the Final Terms, the Designated Representative shall take into account those factors that, in her judgment, may be expected to result in the lowest true interest cost on the Bonds to their maturity, including, but not limited to current interest rates for obligations comparable to the Bonds. B. Preparation, Execution and Delivery of the Bonds. The Bonds will be prepared at City expense and will be delivered to the Underwriter, with the approving legal opinion of nationally recognized bond counsel regarding the Bonds. Section 22. Official Statement. A. Preliminary Official Statement. The Designated Representative shall review the form of each preliminary official statement prepared in connection with the sale of the Bonds to the public. For the sole purpose of the Underwriter's compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to "deem final" that preliminary official statement as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been"deemed final" in accordance with this paragraph. B. Approval of Final Official Statement. The City approves the preparation of a final official statement for the Bonds to be sold to the public in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Underwriter. The City authorizes and approves the distribution by the Underwriter of that final official statement to purchasers and potential purchasers of the Bonds. Section 23. Continuing Disclosure. To meet the requirements of paragraph(b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the above-referenced Bonds (the "Bonds"), the City makes the following written Undertaking for the benefit of holders of the Bonds: A. Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through -25- 5138349%2 a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in subsection (b) of this section ("annual financial information"); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (a)principal and interest payment delinquencies; (b)non-payment related defaults, if material; (c)unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on credit enhancements reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 —TEB) or other material notices or determinations with respect to the tax status of the Bonds; (g)modifications to rights of holders of the Bonds, if material; (h)bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (i) defeasances; 0) release, substitution, or sale of property securing repayment of the Bonds, if material; (k) rating changes; (1) bankruptcy, insolvency, receivership or similar event of the City, as such "Bankruptcy Events" are defined in Rule 15c2-12; (m) the consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and (n)appointment of a successor or additional trustee or the change of name of a trustee, if material. (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in subsection (B) of this section. B. Type of Annual Financial Information Undertaken to be Provided. The annual financial information that the City undertakes to provide in subsection (A) of this section: (i) Shall consist of (a) annual financial statements showing ending fund equity for the System prepared in accordance with generally accepted accounting principles applicable to government entities (and modified as may be required by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute); (b) the principal amount of outstanding Parity Bonds; and(c) debt service coverage for the Parity Bonds; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City(currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City's fiscal year ending December 31, 2014; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. -26- 513R3698 2 C. Amendment of Undertaking. The Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. D. Beneficiaries. The Undertaking evidenced by this section shall inure to the benefit of the City and the Beneficial Owner of a Bond, and shall not inure to the benefit of or create any rights in any other person. E. Termination of Undertaking. The City's obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City's obligations under this Undertaking shall terminate if those provisions of Rule 15c2-12 which require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of nationally recognized bond counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. F. Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with the Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with the Undertaking shall constitute an Event of Default (as defined in Section 25 of this ordinance) in respect of the Bonds. The sole remedy of a Beneficial Owner of a Bond shall be to take action to compel the City or other obligated person to comply with the Undertaking, including seeking an order of specific performance from an appropriate court. G. Designation of Official Responsible to Administer Undertaking. The Designated Representative or her designee is authorized to take such further actions as may be necessary, appropriate or convenient to carry out this Undertaking in accordance with Rule 15c2- 12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in subsection (A) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an "obligated person"within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person in accordance with Rule 15c2-12; -27- 513N369R.2 (iv) Selecting, engaging and compensating designated agents and consultants, including but not limited to financial advisors and legal counsel, to assist and advise the City in carrying out the Undertaking; and (v) Effecting any necessary amendment of the Undertaking. Section 24. Application of Bond Proceeds. The proceeds of the Bonds shall be applied as follows: A. The amount necessary to satisfy the Reserve Account Requirement shall be deposited into the Reserve Account. B. The balance of the Bond proceeds shall be deposited into the Combined Utility System Funds and applied to pay costs of the Project and the costs of issuing the Bonds. Section 25. Events of Default. The City hereby covenants and agrees with the owners of the Bonds, in order to protect and safeguard the covenants and obligations undertaken by the City securing the Bonds, that the following shall constitute"Events of Default": A. If default shall be made in the due and punctual payment of the principal of and premium, if any, on any of the Parity Bonds when the same shall become due and payable, either at maturity or by proceedings for mandatory redemption or otherwise; B. If default shall be made in the due and punctual payment of any installment of interest on any Parity Bond; C. If the City shall fail to purchase or redeem any Term Bonds, if any, in an aggregate principal amount at least equal to the Sinking Fund Requirement for the applicable Fiscal Year; D. If the City shall default in the observance and performance of any other of the covenants, conditions and agreements on the part of the City contained in this ordinance and the default or defaults shall have continued for a period 90 days after the City shall have received from the Bondowners' Trustee (hereinafter defined) or from the owners of not less than 20% in principal amount of Parity Bonds outstanding, a written notice specifying and demanding the cure of such default; E. If an order,judgment or decree shall be entered by any court of competent jurisdiction: (i)appointing a receiver, trustee or liquidator for the City or the whole or any substantial part of the System; (ii) approving a petition filed against the City seeking the bankruptcy, arrangement or reorganization of the City under any applicable law of the United States or the State; or (iii) assuming custody or control of the City or of the whole or any substantial part of the System under the provisions of any other law for the relief or aid of debtors and such order,judgment or decree shall not be vacated or set aside or stayed (or, in case custody or control is assumed by said order, such custody or control shall not be otherwise terminated)within 60 days from the date of the entry of such order,judgment or decree; or -28- 513N369A 2 F. If the City shall: (i) admit in writing its inability to pay its debts generally as they become due; (ii) file a petition in bankruptcy or seeking a composition of indebtedness under any state or federal bankruptcy or insolvency law; (iii) make an assignment for the benefit of its creditors; (iv) consent to the appointment of a receiver of the whole or any substantial part of the System; or (v)consent to the assumption by any court of competent jurisdiction under the provisions of any other law for the relief or aid of debtors of custody or control of the City or of the whole or any substantial part of the System. Section 26. Bondowners' Trustee. So long as an Event of Default has not been remedied, a bondowners' trustee (the "Bondowners' Trustee") may be appointed by the registered owners of 25% in principal amount of the Parity Bonds, by an instrument or concurrent instruments in writing signed and acknowledged by such registered owners of the Parity Bonds or by their attorneys-in-fact duly authorized and delivered to such Bondowners' Trustee, notification thereof being given to the City. That appointment shall become effective immediately upon acceptance thereof by the Bondowners' Trustee. Any Bondowners' Trustee appointed under the provisions of this section shall be a bank or trust company organized under the laws of the State of Washington or the State of New York or a national banking association. The bank or trust company acting as Bondowners' Trustee may be removed at any time, and a successor Bondowners' Trustee may be appointed, by the registered owners of a majority in principal amount of the Parity Bonds, by an instrument or concurrent instruments in writing signed and acknowledged by such registered owners of the Bonds or by their attorneys-in-fact duly authorized. The Bondowners' Trustee may require security and indemnity as may be reasonable against the costs, expenses and liabilities that may be incurred in the performance of its duties. In the event that any Event of Default in the sole judgment of the Bondowners' Trustee is cured and the Bondowners' Trustee furnishes to the City a certificate so stating, that Event of Default shall be conclusively deemed to be cured and the City, the Bondowners' Trustee and the registered owners of the Parity Bonds shall be restored to the same rights and position which they would have held if no Event of Default had occurred. The Bondowners' Trustee appointed in the manner herein provided, and each successor thereto, is declared to be a trustee for the registered owners of all the Parity Bonds and is empowered to exercise all the rights and powers herein conferred on the Bondowners' Trustee. Section 27. Suits at Law or in Equity. Upon the happening of an Event of Default and during the continuance thereof, the Bondowners' Trustee may, and upon the written request of the registered owners of not less than 25% in principal amount of the Parity Bonds outstanding shall, take such steps and institute such suits, actions or other proceedings, all as it may deem appropriate for the protection and enforcement of the rights of the registered owners of the Parity Bonds, to collect any amounts due and owing to or from the City, or to obtain other appropriate relief, and may enforce the specific performance of any covenant, agreement or condition contained in this ordinance or in any of the Parity Bonds. Nothing contained in this section shall, in any event or under any circumstance, be deemed to authorize the acceleration of maturity of principal on the Parity Bonds, and the remedy of acceleration is expressly denied to the registered owners of the Parity Bonds under -29- 513836982 any circumstances including, without limitation, upon the occurrence and continuance of an Event of Default. Any action, suit or other proceedings instituted by the Bondowners' Trustee hereunder shall be brought in its name as trustee for the registered owners of the Parity Bonds and all such rights of action upon or under any of the Parity Bonds or the provisions of this ordinance may be enforced by the Bondowners' Trustee without the possession of any of those Parity Bonds and without the production of the same at any trial or proceedings relative thereto except where otherwise required by law. Any such suit, action or proceeding instituted by the Bondowners' Trustee shall be brought for the ratable benefit of all of the registered owners of those Parity Bonds, subject to the provisions of this ordinance and the ordinances authorizing the issuance of other outstanding Parity Bonds. The respective registered owners of the Parity Bonds, by taking and holding the same, shall be conclusively deemed irrevocably to appoint the Bondowners' Trustee the true and lawful trustee of the respective registered owners of those Parity Bonds, with authority to institute any such action, suit or proceeding; to receive as trustee and deposit in trust any sums becoming distributable on account of those Parity Bonds; to execute any paper or documents for the receipt of money; and to do all acts with respect thereto that the registered owner himself or herself might have done in person. Nothing herein shall be deemed to authorize or empower the Bondowners' Trustee to consent to accept or adopt, on behalf of any registered owner of the Parity Bonds, any plan of reorganization or adjustment affecting the Parity Bonds or any right of any registered owner thereof, or to authorize or empower the Bondowners' Trustee to vote the claims of the registered owners thereof in any receivership, insolvency, liquidation, bankruptcy, reorganization or other proceeding to which the City is a party. Section 28. Application of Money Collected by Bondowners' Trustee. Any money collected by the Bondowners' Trustee at any time shall be applied in the following order of priority: A. first, to the payment of the charges, expenses, advances and compensation of the Bondowners' Trustee and the charges, expenses, counsel fees, disbursements and compensation of its agents and attorneys; and B. second, to the payment to the persons entitled thereto first of required interest and then of unpaid principal amounts on any Parity Bonds which shall have become due (other than Parity Bonds previously called for redemption for the payment of which money is held pursuant to the provisions hereto), whether at maturity or by proceedings for redemption or otherwise, in the order of their due dates and, if the amount available shall not be sufficient to pay in full the principal amounts due on the same date, then to the payment thereof ratably, according to the principal amounts due thereon to the persons entitled thereto, without any discrimination or preference. Section 29. Duties and Obligation of Bondowners' Trustee. The Bondowners' Trustee shall not be liable except for the performance of such duties as are specifically set forth herein. During an Event of Default, the Bondowners' Trustee shall exercise such of the rights and powers vested in it hereby, and shall use the same degree of care and skill in its exercise, as a prudent person would exercise or use under the circumstances in the conduct of his or her own -30- 513836982 affairs. The Bondowners' Trustee shall have no liability for any act or omission to act hereunder except for the Bondowners' Trustee's own negligent action, its own negligent failure to act or its own willful misconduct. The duties and obligations of the Bondowners' Trustee shall be determined solely by the express provisions of this ordinance, and no implied powers, duties or obligations of the Bondowners' Trustee shall be read into this ordinance. The Bondowners' Trustee shall not be required to expend or risk its own funds or otherwise incur individual liability in the performance of any of its duties or in the exercise of any of its rights or powers as the Bondowners' Trustee, except as may result from its own negligent action, its own negligent failure to act or its own willful misconduct. The Bondowners' Trustee shall not be bound to recognize any person as a registered owner of any Parity Bond until his or her title thereto, if disputed, has been established to its reasonable satisfaction. The Bondowners' Trustee may consult with counsel and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance with the opinion of such counsel. The Bondowners' Trustee shall not be answerable for any neglect or default of any person, firm or corporation employed and selected by it with reasonable care. Section 30. Suits by Individual Bondowners Restricted. Neither the registered owner nor the beneficial owner of any one or more of Parity Bonds shall have any right to institute any action, suit or proceeding at law or in equity for the enforcement of same unless: A. An Event of Default has happened and is continuing; and B. A Bondowners' Trustee has been appointed; and C. Such owner previously shall have given to the Bondowners' Trustee written notice of the Event of Default on account of which such suit, action or proceeding is to be instituted; and D. The registered owners of 25% in principal amount of the Parity Bonds, after the occurrence of such Event of Default, have made written request of the Bondowners' Trustee and have afforded the Bondowners' Trustee a reasonable opportunity to institute such suit, action or proceeding; and E. There have been offered to the Bondowners' Trustee security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby; and F. The Bondowners' Trustee has refused or neglected to comply with such request within a reasonable time. No registered owner or beneficial owner of any Parity Bond shall have any right in any manner whatever by his or her action to affect or impair the obligation of the City to pay from -31- 513836982 the Net Revenue the principal of and interest on such Parity Bonds to the respective owners thereof when due. Section 31. Authorization to Officials and Agents. The proper City officials are hereby authorized and directed to approve an official statement or other disclosure document, and to do everything necessary and proper for the prompt issuance, execution and delivery of the Bonds in conformance with the provisions of this ordinance and for the proper use and application of the proceeds of the sale thereof as provided in this ordinance. Section 32. Supplements and Amendments. A. The Council from time to time and at any time may adopt an ordinance or ordinances supplementing or amending this ordinance, which ordinance or ordinances thereafter shall become a part of this ordinance, for any one or more or all of the following purposes: (i) To add to the covenants and agreements of the City in this ordinance other covenants and agreements thereafter to be observed, which shall not adversely affect the interests of the owners of any Parity Bonds in any material respect, or to surrender any right or power herein reserved to or conferred upon the City. (ii) To make such provisions for the purpose of curing any ambiguities or of curing, correcting or supplementing any defective provision contained in this ordinance in regard to such matters or questions as the Council may deem necessary or desirable and not inconsistent with this ordinance and which shall not adversely affect the interests of the owners of any Parity Bonds in any material respect. (iii) To amend or supplement any provision contained in this ordinance for the purpose of obtaining or maintaining a rating on the Bonds so long as such amendment or supplement is not inconsistent with this ordinance and will not adversely affect the interests of the owners of any Parity Bonds in any material respect. Any such supplemental ordinance of the Council may be adopted without the consent of the owners of any Parity Bonds at any time outstanding, notwithstanding any of the provisions of subsection B of this section; provided, however, that the City shall obtain an opinion of nationally recognized bond counsel to the effect that such supplemental ordinance complies with this subsection A and will not adversely affect the interests of the owners of any Parity Bonds in any material respect. B. With the consent of the owners of not less than a majority in aggregate principal amount of the Parity Bonds at the time outstanding, the Council may adopt an ordinance or ordinances supplemental hereto for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this ordinance or of any supplemental ordinance; provided, however, that no such supplemental ordinance shall: (i) Extend the fixed maturity of any Parity Bond, or reduce the rate of interest thereon, or extend the time of payments of interest from their due date, or reduce the amount of the principal thereof, or reduce any premium payable on the redemption thereof, without the consent of the owner of each Parity Bond so affected; or -32- 513836982 (ii) Reduce the aforesaid percentage of owners of Parity Bonds required to approve any such supplemental ordinance, without the consent of the owners of all Parity Bonds then outstanding. It shall not be necessary for the consent of bondowners under this subsection B to approve the particular form of any proposed supplemental ordinance, but it shall be sufficient if such consent shall approve the substance thereof. C. Upon the adoption of any supplemental ordinance pursuant to the provisions of this section, this ordinance shall be deemed modified and amended in accordance therewith, and the respective rights, duties and obligations of the City under this ordinance and the owner of the Bonds outstanding hereunder shall thereafter be determined, exercised and enforced thereunder, subject in all respects to such modification and amendments, and all the terms and conditions of any such supplemental ordinance shall be deemed to be part of the terms and conditions of this ordinance for any and all purposes. Section 33. Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements shall be null and void and shall be deemed separable from the remaining covenants and agreements of this ordinance and shall in no way affect the validity of the other provisions of this ordinance or of the Bonds. Section 34. Ratification. Any action consistent with the authority but prior to the effective date of this ordinance is hereby ratified and confirmed. Section 35. Effective Date. This ordinance shall take effect ten days after its passage, approval and publication as required by law. APPROVED by the City Council of the City of Bremerton, Washington the 20th day of August, 2014. PASSED by the City Council of the City of Bremerton, Washington this 20th day of August, 2014. Greg Wheeler, Council President APPROVED this day of August, 2014. Patty Lent, Mayor -33- 513M36982 ATTEST: Shannon L. Corin, City Clerk APPROVED AS TO FORM: Nancy M. Neraas, Bond Counsel PUBLISHED EFFECTIVE DATE ORDINANCE NO. -34- 513836es 2 CERTIFICATION I, the undersigned, City Clerk of the City of Bremerton, Washington (the "City"), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance") is a full, true and correct copy of an ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on August 20, 2014, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City's official newspaper, which publication date is ,2014. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this day of , 2014. CITY OF BREMERTON, WASHINGTON City Clerk A-1 51383698 2 6 CITY OF Water / Sewer Revenue Bonds 2014 Ordinance No . 5255 Utility Capital Overview Uti I ity Capital Assets at 12/31 / 13 Water Fund $ 89, 561 9346 Wastewater Fund $ 14795869954 Stormwater Fund $ 698505850 2013 Depreciation Water Fund $ 21064,840 Wastewater Fund $ 312829051 Stormwater Fund $ 1069668 Depreciation is often used as a guide to the minimum annual required reinvestment needed to maintain the system. Department Pro�ect Title 2015 2016 2017 2018 2019 2020 Grand Total Water C-opitaf 24"TM at Res 4 Outlet 200,.000 1,000,0001,200,000 Anderson Creek Disinfection to Hypo 100,001) 500,000 601),000 Casad Dam Electrical Upgrade 65,000 65,00_0 Caustic Tank Replacement at CCF 100,000 rn 100 000 Construction of Additional W256 Water Storage 100 000 2,50D,000 2,600,000 Decommission Twin Lakes Valve so,000 50,000 Distribution twain Improvements _ .._..._ �.__..... 300,ODD_ 300,000. 300,000 300,000._ 300,0@®_„w3i0�D,000 __ 1,800,000 Emergency Source Upgrade 100,000 100,000_ Fire Hydrants' 20,0DO 20,000 20,000 20,000 20,000 20,000 1_20,000 Forestry Office Demolition 20,000 _ T 20,000 Forestry Rd Maintenance,Bridges 8 Abandonment 250,000250,000 Hardening of Casad Dam Overfiou+ M 200,000mW � y 200,000 Jarstad Park -InterpretativedFacilities Improvements mT�y _..._. 10,000 10,000 x 10,00�� y„t0�00D Y.1o,000 10,000 60,000 Land,Purchase at Watershed Entrance __: ...:.....�.__. 150,000_. ..-.. _ ..� _.., __:_... 150.000 Machinery&Equipment-Forestry 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Machinery& Equipment-Utility Operations Mgr 20,000 20,000 20,000 20,000 20,000 20,000 120,000 Machinery& Equipment-Water Resources 12.5,000 _125,000 125,000 125,000 125.000 125,000 750,000 Marine Drive Watermain 150,000 1,000,000 1,150,000 McKenna Falls.Intake System Imprvements e..w.s. qx � 2oO,00oa s1f1)0o1) .b... 1,000,000 Meter Replacement Large' ,.�. 150,000 150,000 150,000 150 000 150.000 150,000 900 000 ..:w,,.«.......,x....;...•inn....,...,..:.«.....+....:•:®:.,..........w ..ti:.,,>,.s-........�..as,:W..�.-:,...vwwv,.,m.+� �,.s.-,.,.._...,.,.,,:..-.T.,.P...m_..........,.N-,..,,..-,:s.w:,....,«.a....n:.3..®.,m..«,e..w..-...........,w-ww..,....-.......,.,x«.mr..:..o..rSs:.�,as Meter Replacement* _ �.�. w _ _.,,.. 200,000 200,000 200.000 200=0 _ 200,000 200.000 x1,200,000„ Meter[ng,5ysterq Upgrader,n 83,000 83,000 83,000 249,000 Oyster Bay Public Works Consolidation 250,000 250,000 .... Pressure Relief Valves 75,001) 75,000 150,000 Redundancy 24"C Street from Oyster Bay to National _250,000 _250,000 Reservoir 4 Cover Replacement m200,Q1)0 1,30o,o0o � � _i.500,coo Reservoir 8 Drain �... .. �.�.�... ... .w ._. .30,000. .wa30.000 Reservoir Coatings ,..,,._.__.__._ 400,000 401),000 400,000 400 000_^400,0000 400.000 _2.400,,000 Scada Lifecycletmprovements' _ .___.:_._.... ...:..._:.__ _.__._......- - 350.001). x_150,000 _ 50,000„ x 50.000 50,000 _ 50,000 700,000 Department Project Title 2015 2016 2017 2018 2019 2020 Grand Total Pi --------------- Water Capital Sherman Heights Watermain Replacement 150,000 750.000 900,000 Substandard Water Main Replacement 300,000 300,000 300,000 700,000 300,000 300,000 2,200,000 Taps 70,000 70.000 70.000 70.000 70,000 70,000 420,000 TM Replacement-McKenna Falls to Gorst 250,000 2,000,000 2,250,000 MSI 7Zone(POB)Capacity Evaluation and Upgrades 100,000 100,000 .._..w._._.._ ... Washington Ave Phase 2 300,000 300,000 Water Main-Pavement Reconstruction 150.000 150,000 150,000 150,000 150,000 150,000 900.000 Well18 Pump and Motor 1 00,00 o 100,000 Well 1R Upgradep. 200,000 200,000 Well 22 Pump and Controls/PS 17 200.000 200,000 [jyejl Abandonment 200,000 200,000 IWSDOT Culvert Replacement/Anderson Creek Water Main 80.000 80,000 Wad ter Ca tal Sum 4,088,000 6,223,000 41148,000 3,066,000 2,845,000 6,665,000 26,934,0001 lGrand Total 4.088.000 5.723.000 4.148,000 3,065,000 2,845,000 6.565.000 25.934=000 De artment Pro'ect Title 2015 2016 2017 2018 2019 2020 Grand Total Waste C-apital Abandon Eastside Beach Sewer North of Manette Bridge _... . _ 200,000 2,000,000 2,200,000 Aeration Basin Turbo Blower 230,000 230,000 Aeration Basins 1 &2 Membrane Diffuser Replacement 100,000 100,000 Beach Main&Critical Force Main Cleaning _ru 75,000 200,000 200,000 200,000 200,000 200,000 1,075,000 Biofiker Odor Control Fan Replacement _ m 50,00050,000 Biofilter Upgrade 800,000 800,000 CherryAve SS _.___._:...:... ._.__.._.: _...._.. _..._..__ ...._.._.._.__.._25000 __.w_...____.._.....__ _.. _...__._..._.__..__._25000 Chlorine Contact Chamber Upgrade 100,000 100.000 CIPP Line Existing 54"SC Under Secondary Clarifier 50,000 250,000 300,000 CIPP Repair of Failing Sewers_ a.�_..._.: �... w...__ sK _ r m_...n. 525,000 _...w: _..- .._.w<..._..._. .. :_..a-:.�..x.._: 525,000 Cotton Jones Sewers 15,000 15,000 Digester Domes=1 &2 Replacement v yX 2.000,000 2,000,000 Digester Recirculation Pumps 60,000 60,000 East&West Bremerton UGA Sewerage ULID Design&Const 50,000 2,000,000 2,000,000 4,050,000 ESTP Outfall 100,000 500,000 600,000 Grout Annular Space of SW Bremerton FM __.._ __._.___.....___._..._...._._. .._...._._.__-.._____- .________..__.._..__.___._..._..........__....__. 200;000_ _ 200,000 Headworks Odor Control Fan Replacement 90,000 90,000 Improvement Between Schley&Fir Street 50,000 50,000 Improvement on Homer Jones. ri . �,..�... ._...v... �..,_ 50,000 .:50000 Influent fine Screen 1 &2 Upgrade 100,000100,000 KL1 Infrastructure 300,000 300,000 MachineryIEquipment-Utility Operations Manager' 20,000 20,000 20,000 20.000 20,000 20,000 120,000 Metering System Upgrade` _ 250,000 250,000 250,000 216,000 216,000 1,182,000 Odor Control System Upgrade,OCS 1 &3� 200,000 200,000 400,000 Oyster Bay Beach Sewer��_._. _�____._ ._............._.,........._._______.__.,_....._._ 250,000 2,000,000 � � _. ?.250,000 Oyster Bay Public Works Consolidation 250,000 250,000 Phinney Bay&Ostrich Bay SS Extension 75,000 1,500,000 1,575,000 Primary Clarifier#) &92 Drive Replacement �. . .. 150000 Primary Effluent Line Rehabilitation 50,000 400,000 450,000 IDepartment Project Title 2015 2016 2017 2018 2019 2020 Grand Total Waste C-apital PS CE-1 Pumps 1 &$Replacement 700,000 700,000 PS CE-4 Pumps 1 &2 Replacement 400,000 400,000 RAS Pumps and VFDs 1 0130 ODD 11 000.000 Recoat Aluminum Covers an Primary Clarifiers &Biofilter 275,000 275,000 Replace Drives on RAS Pumps -- Replace Y.Replace RAS Pumps 275,000 275,000 Replace/Rehabilitate 10"SS Under Secondary Clarifier 150,000 501),000 650,000 SCADA Lifecycle Improvements 150,000 150,000 150,DO0 150,000 150,000 150,01)1) 900,000 Secondary Clarifier 81 &02 Drive Replacement 150,000 150,000 Sewer Main Replacement-Pavement Reconstruction 151000 150,000 151),000 150,000 150,000 150,01)0 900,000 SKIA Sewer Design&Construction-ULID 725,000 4,750,000 5,475,000 Storage Warehouse at WWTP � M 500,000 -�. 500,000 Substandard Main Replacement Program _ P�. _y 450,ODD 450 000 45D,000 450.000 45O,OOD T 450,000 2 700 ODD Surge Tank Repair&Hypo Tank Replacement 100,000 100,000 Tracyton Beachmain-Main Conversion 240,000 670,000 670,000 1,580,000 Tracyton Beachmain-Pump Station T132 460,000 1,280,000 1,280,000 3,0:20,000 WA Ave Sewer Abandonment&Shoreline Resoration 45,000 315,000 360,000 WA Ave Sewer Replacement Phase 2 950 000 990,000 Wastewater Reuse � w� r µ 250,000 250,000 Westside WWTP Boiler Replacement 500,001) 500,000 Westside WWTP Outfall 150,000 2,500,ODD 2,650,000 WSDOT Culvert Replacement and Sewer Main Relocation 20,000 20,000 WWTP and Pump Station Improvement Program 350,ODO 700,000 700,000 700,000 700,000 700,000 3,850,000 Waste Ea j SUM 6.._ 000 8235 000 1 520 000 5 836 000 2 08 000 T 520 000 46 642 000 Grand Total 6.445.000 8,235,000 16,520.000 5 36 000 2,086,000 T 520 000 46 642 000 De artment Project Title 2015 2016 2017 2018 2019 2020 Grand Total Storm Capital 11th St. PI &Washington Outfall 150,0000 150,000 Brentwood Dr&Oyster Bay Culvert 250,000 250,000 City Culverts 50,000 50,000 50,000 50,000 50,000 50,000 300,000 COIIeCtIon,Systems 50,000 50,000 n 50,000 50,000 50 000 50,000 a 300,000 Eagle Ave Storm Drain500,000 500,000 Eastpark Stormwater Outfall 280,000 280,000 Kelley Road and Marine Drive 15,000 15,000 Kitsap Way and Oyster BayRetrofit Design A...�,.. 200,000 200,000 Kitsap Way Culverts 450,000450,000 Marine Drive 8 Kelly Road storm System- wx a « 50,000 �m 250,000 300,000 Marine Drive Stormwater Treatment 1,200,000 1,200,000 Ostrich Bay Creek Retrofit Plan Design 250,000 250,000 Oyster Bay Public Works Consolidation 100,000 100,000 Price Road Conveyance Replacement _�. m 8100.000 .a � ^� � ;_ 100,000 Riddel Road-Wheaton to Pine 25,000 200,000 225,000 Schley Canyon Bridge 30,000 1,000,000 6,000,000 7,030,000 Storm Drainage Replacement Program 200,000 200,000 200,000 200,000 200,000 200,000 1,200,000 Storm Main Replacement-Pavement Reconstruction 50,000 50,000 50,000 50,000 50,000 50,000 300,000 Stormwater Comp Plan Update 8 SW Retrofit Predesign a 385,000 385,000 Vacuum Sweeper for Pervious Asphalt and Concrete 80,000 80,000 Washington Ave ProjectµA ,. � 185.000 _ro w� _....... 185,000 Wes ark Oyster Bay Outfall at OB-1 150,000 800,000 950,000 Storm Ga ital Sum 3,7.35,0.0.0 1,100,0.00 365,000 350,000 1,800,000 7,400,0.00 1.4,7,50,0,00 Grand Total 3,735,000 1,100,000 365,000 350,000 1,800,000 7,400,000 14,750,000 Current Outstanding Debt and Annual Debt Service Outstanding Debt 2014 Debt Service At 12/31 /13 on existing debt Water $ 4,291 ,662 $ 708,996 Wastewater $ 19,953,141 $2,796,583 Stormwater $ 108,506 $ 141204 Capital Improvement Funding Capital improvements are funded by a combination of Debt, Grants, General Facilities Fees (GFCs) and a portion of rates. Funding Mix over the last six years 2009-2013: Debt Grants GFCs Rates Water $6,454,587 $6,451 ,066 $2,545,221 $5,191 ,568 Wastewater $5,513,596 $8,640,117 $ 1 ,973,245 $8,924,277 Stormwater $ 0 $ 1 ,485,163 $ 347,508 $2,266,722 2013 Rate Study anticipated funding 2014-2018 Debt Grants GFCs Rates Water $ 10,500,000 $ 0 $2,565,296 $3,100,000 Wastewater $ 18,500,000 $ 13,683,515 $2,281 ,274 $4,700,000 Stormwater $ 6,958,651 $ 0 $ 203,275 $ 239,703 Ordinance No. 5255 Bond Proceeds The Council is being asked to authorized the issuance of up to $8,000,000 in Water and Sewer Revenue Bonds. • Proceeds to be applied as follows: • $2,000,000 to fund Water Capital Improvements • $5,000,000 to fund Wastewater Capital Improvements • $522,000 to fund the Debt Service Reserve account • Approximately $ 100,164 to cover closing costs Delegation of Authority Additionally, the Ordinance provides for the delegation of authority to the Mayor or Director of Financial Services to approve the final terms of the bonds within the following parameters. • Principal amount shall not exceed an aggregate principal amount of $8,000,000. • Bonds may not be dated later than December 31 , 2015 in the manner determined by the Designated Representative • The rate of interest on any Bond may not exceed 5.5% and the "all in" true interest cost to the City for the Bonds may not exceed 4.5%. • Maturity no later than December 1 , 2034. • Designated Representative may approve provision for optional and mandatory redemption. • The purchase price for the Bonds may not be less than 98% or more than 130% of the stated principal amount of the Bonds. Tentative Schedule August 20, 2014 - Council approves Delegation Bond Ordinance August 25, 2014 - Rating Agency conference call September 3, 2014 - Receive ratings September 9, 2014 - Bond order period-verbal award September 23, 2014 - Bond Closing; distribution of proceeds i i AGENDA BILLqD CITY OF BREMERTON — I CITY COUNCIL ........................................................................................ SUBJECT: Amendment to Agreement for Study Session Date: August 13, 2014 Incarceration of Prisoners with Kitsap COUNCIL MEETING Date: August 20, 2014 County; and 2014 Budget Amendment Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: 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 st for the years of 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 Department of Labor; provided, however, the increase shall not be more than six percent (6%). Estimated bed days are increasing from 10,646 for 2013 to 12,000 bed days for 2014. ATTACHMENTS: Amendment to Kitsap County/City of Bremerton Agreement for Incarceration of Prisoners. FISCAL IMPACTS (Include Budgeted Amount): The 2014 budget for the contract is $630,000. In 2013 the City spent$737,984 for 10,646 bed days. Bed days estimated for 2014 are12,000 at $73.50 per bed day for a total estimated cost of$882,000 which is an increase of$252,000 to the 2014 jail budget and an increase of$144,000 from the 2013 total cost for the contract. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ® General Business ❑ Public Hearing RECOMMENDED MOTION: 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 associated with this contract. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 KC-042-13-A AMENDMENT TO KITSAP COUNTY/CITY OF BREMERTON AGREEMENT FOR INCARCERATION OF PRISONERS WHEREAS, on May 13, 2013, the City of Bremerton, a municipal corporation of the State of Washington, "the Contract Agency" and Kitsap County, a municipal corporation, "the County" entered into an Agreement(KC-042-13)to provide incarceration of the Contract Agency's prisoners; and WHEREAS, the City and the County desire to enter into an Amendment of KC-042-13 to further clarify the intention of the parties; NOW THEREFORE, in consideration of the mutual covenants contained herein, it is hereby agreed as follows: 6. COMPENSATION FROM CONTRACT AGENCY of the Agreement is hereby amended in subsection(a)Base Rate for Housing only,to read as follows: (a) Bed-Day Rate for Housing: For the calendar year 2014,the City of Bremerton shall pay the County$73.50 per full bed-day or the appropriate percentage thereof for fractionalized bed-days as defined in Section 5 -Definitions of the contract. On January 1 st for the years of 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 Department of Labor;provided,however,the increase shall not be more than six percent(6%). Subsections(b),(c),(d),and(e)shall remain in full force and effect. 11. RELEASE, HOLDS AND COURT APPEARANCES of the Agreement is hereby amended to read as follows: Additions to the Contract Agency video court calendar must be received by 0600 the day of the requested appearance. Additions made later than 0600 will be scheduled the following judicial day. Video court will not be used for non-criminal traffic violations or any other civil matter. The City reserves the right to request implementation of the following or similar provision as agreed upon on or after January 1,2015,and the County shall negotiate in good faith regarding the provision: For any book and release on a new charge or warrant arrest, the County shall make reasonable efforts to have the arrestee sign a promise to appear in court on the next court day. On the day of release, the County will forward the promise to appear by fax or email to the Bremerton Municipal Court and the City Prosecutor. Amendment to Agreement for Incarceration of City Prisoners KC-042-13-A Page I of 3 22. DURATION of the Agreement is hereby amended to read as follows: The term of this Agreement shall be effective from January 1,2014 through December 31,2016 unless another date is substituted pursuant to Section 26 of the original agreement,or the agreement is terminated earlier pursuant to Section 23 of the original agreement. Nothing in this Agreement shall be construed to make it necessary for the Contracting Agency to continuously house prisoners with the County. All other terms of the Agreement not specifically amended herein shall remain in full force and effect. DATED this day of ,2014 DATED this day of ,2014 CITY OF BREMERTON KITSAP COUNTY SHERIFF'S OFFICE Patty Lent,Mayor Ned Newlin,Chief of Corrections ATTEST: DATED this day of , 2014 Shannon L. Corin, City Clerk BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY,WASHINGTON APPROVED AS TO FORM: Roger Lubovich,City Attorney Charlotte Garrido, Chair Robert Gelder,Commissioner Linda Streissguth,Commissioner ATTEST: Dana Daniels,Clerk of the Board R:\Legal\Legal\Files\Current Active Files\Jail Contracts\2014 Amendment-Snal.docx Amendment to Agreement for Incarceration of City Prisoners KC-042-13-A Page 2 of 3 AGENDA BILL 10A CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Quasi-Judicial Hearing on Study Session Date: Quasi-Judicial No Presentation Resolution No. 3230, regarding recovery of COUNCIL MEETING Date: August 20, 2014 fees for abatement costs on the property Department: DCD located at 233 Elm Street Presenter: Janet Lunceford Phone: 473-5213 SUMMARY: Pursuant to a Kitsap County Superior Court Order, on July 11, 2014, the City secured the house and garage 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 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. ATTACHMENTS: Resolution No. 3230 Clerk's Memo, dated July 30, 2014 Declaration of Posting, dated August 4, 2014 Declaration of Mailing, dated August 4, 2014 Affidavit of Publication from Kitsap Sun, dated August 4, 2014 FISCAL IMPACTS (Include Budgeted Amount): If not approved, the City's abatement fund would suffer the deficit of not collecting these funds. STUDY SESSION.AGENDA: ® No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3230, ordering that the fees incurred for securing the house and garage 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. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 RESOLUTION NO. 3230 A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for the abatement of nuisance conditions on the property located at 233 Elm Street and determining means of collection. WHEREAS, the City of Bremerton incurred costs for securing the house and removing garbage, debris and nuisance vegetation from the property located at 233 Elm Street; and WHEREAS, Section 1.04.120 of the Bremerton Municipal Code allows the City to recoup these costs either by personal judgment against the property owner or as a lien against the property; and WHEREAS, BMC 1.04.120(c)(1) authorizes the lien to be assessed upon the County tax rolls pursuant to RCW 35.80.030(1)(h). WHEREAS, the City Council is charged with holding a hearing to determine whether the fees are just and how they should be collected, and has considered the report of charges filed by the Code Enforcement Officer of Community Development and any protests or objection filed; and WHEREAS, following the hearing, the City Council shall either confirm the report and charges therein, modify the report or reject the report; and WHEREAS, on August 4, 2014 the City caused notice of hearing to be 1) posted on the property involved, 2) served by certified mail, postage prepaid, addressed to the owner, and 3) published by a legal advertisement in the Kitsap Sun; and WHEREAS, on August 20, 2014 the City Council conducted a hearing and considered all testimony; and WHEREAS, the Director of Community Development recommends the fees be collected pursuant to the Code Enforcement Officer Report of Charges as a lien against the property located at 233 Elm Street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The findings set forth in the recitals above are hereby adopted. 1 Abatement Lien SECTION 2. The abatement charges, set forth in Exhibit A attached hereto, included in the report of the Code Enforcement Officer of the Department Community Development for the property located at 233 Elm Street, Bremerton, WA, are just and reasonable and therefore the report, and the abatement charges thereof, is hereby confirmed and approved. SECTION 3. The Mayor, or her designee, is authorized to file a lien and take any other legal action to collect the abatement charges, and the City Treasurer may certify the abatement charges to the County Treasurer pursuant to RCW 35.80.030(1)(h). SECTION 4. Severability. If any one or more sections, subsections, or sentence of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. SECTION 5. Effective Date This Resolution shall take effect and be in force immediately upon its passage. PASSED by the City Council of the City of Bremerton, Washington, this day of , 2014. GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk R:\Legal\Legal\Files\Current Active Files\233 Elm Street-Laurie\Laurie Resolution 7-30-14.docx 2 Abatement Lien EXHIBIT A CONTRACTOR COST $9,619.95 ADMINISTRATIVE FEE $ 900.00 SUPERIOR COURT FILING FEES $ 240.00 PROCESS SERVICE 85.00 TOTAL $10,844.95 3 Abatement Lien 0 M I : • q r € Department of Community Development 345 61h Skeet, Suite 600 Bremerton, WA 98337-1873 Telephone. 360-473-5213 �..• - .._._..__.....:._.:.__:w_. :.-...._-....r:._+ Fax. 360-473-5278 Janet.LuncefordWi.bremerton.wa.us Janet Lunceford,Code Enfoncement July 30,2014 Memo Ta Shannon Corin, City Clerk From: Janet Lunceford, Code Enforcement Officer - -� Cc: Andrea Spencer, Director of Community Development Re: Abatement Costs for 233 Elm Street Pursuant to a Warrant of Abatement issued by Kitsap Superior Court,the City hired a contractor to secure the building and remove garbage,debris and nuisance vegetation from the property located at 233 Elm Street. The fees for this action,including the administrative fee set forth in Rate Table C of the Bremerton Municipal Code,total$10, 844.95. I have attached the Warrant of Abatement,the contract and invoice for TRS(Trash Removal Services),as well as an invoice for process,service,a copy of the payment draft for filing fees,and a copy of Rate Table C. I would like to schedule a public hearing for approval of alien for August 20,2014. i . L 4 f (1 J i f� 1 2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR XTIW COUNTY 8 CITY OF BREMERTON,a Washington 9 municipal corporation, Case No.: 14.2-00674-0 10 Ply, ORDER OF ABATEMENT 11 vs. 12 DANNY LAURIE, 13 Defendants. 14 15 This matter camebefore the Court on Plaintiff City of Bremerton's motion for an 16 Order of Abatement to abate the nuisance property at 233 Elm Street,Bremerton, 17 Washington("uiect pr'opertn.The Court considered the pleadings filed in this matter, 18 the orders issued in this matter,the evidence presented at this hearing and the argument of 19 counsel for plaintiff,Mark E.Koontz.Based on the foregoing,the Court finds as follows: 20 1. This Court has issued an Order of Default against Defendant in this matter. . 21 2. The subject property isa,nuisance because the building on the residence on 22 the property has been abandoned by the owner,is being occupied by vagrants and 23 24 transients and the subject property does not have sewer or water service. 25 3. The City has adopted an ordinance that permits it to seek abatement of 26 nursaace properties. ORDER OF ABATEACM- 1 POGO a waovEH BRMSRUW MY ATDOIWBY 345 6th SftK&dM 6M.Bimaemq WaMPSoa 98337 PkMC 360473.2345 Pax: 360413-3161 I 1 4. RCW 7.48.020 authorizes this Count to issue an order of abatement to the 2 City allowing the City to enter the property to abate nuisance- 3 Based an the above fmdingk It Is Ordered: 4 1. Plaintiffs motion is GRANTED; 5 2. Plaintiff and its agents ane hereby authorized to enter onto the subject 6 property to abate the nuisance as described herein and as described in the Declaration of 7 Mads E,Koontz is support of plaintiff's motion; 8 9 3. Plaintiff may post a notice to vacate an the subject property,and after a 10 reasonable period of time has passed,secure the building so that no vagrants or transients 11 may enter: 12 4. If the nuisance continues despite plaintiffs securing the building,plaintiff 13 authorized to enter onto the property and abate the flu;!+ 14 5. Defendant shall bear the costs of the abatement; 15 6. This order does not bar plaintiff from seeking any other remedies that may 16 be available to plaintiff. 17 18 Entered this 2A day of]uly,2014. 19 KEVIN D. HULL 20 KMAP COUNTY SUPERIOR COURT 21 22 Presented by: 23 ROGER A.LUBOVICH 24 BRbXERTON CITY ATTORNEY 25 Mark E. koontz,W BA 1!26212 26 Attorney for Pl ' ORDER OF ABATEMENT-2 ROOM a LUBOVXH BREPOUR ON Crrif ATTORNEY 303 6t6 Stteck SWM 600.Beemuton,Wwbiq=98337 Fboc� 360-473.2343 Fax: 360.473-3161 Janet Lunceford From: Shannon Corin Sent Monday,July 28,201412:21 PM To: Janet Lunceford Subject Contract No. Janet, Here Is your contract No. 5401 07/11/14 TRASH REMOVAL SERVICES,LLC GSA-I(Itsap County Superior Court Cause No.14-2-W674-0 City Clerk City of Bremerton (360)473-5323 1 GOODS AND SERVICES AGRBEMll,NT TRIS AGREMUNT,is entered into between the City of Bremerton,a Washington Municipal Corporation(°City").and TRS Trssh Removal Services ILC('Vendor'),whose mailing address is:P.O.Boa 5255,Bremerton,WA 98312. The patties agree as follows: L VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City:Pursuant to the Court Orders in Ritsep County Superior Court Cause No. 14-2-00674-0.Vendor will remove organic material from inside all buildings on the subject property.secure all buildings by boarding up all open spaces and entries(including all windows and doors). demolish and remove the small green strUMM at the rear of the-subject.property, and remove ni>;ssance vegetation and rubbish from the subject property.The subject property is Iocated at 233 Elm Street,Bremerton,Washington. Z TAM OF COMPLETION: Vendor shall complete the work and provide all.goods, materials And services within 30 calendar days from the date all parties have signed this Agreement. I COMPENSATION. The City shall pay the Vendor the total amount of$9,619.95,which includes applicable Washington State Sales Tax,for the goods,materials and saviors contemplated in this Agreement. Defective or Unwabormed work The City reserves its right to withhold.payment from Vendor for any defective or unauthorized goods,materials or services. If vendor is unable,for any reason,to complete any Part of this Agreement.the City may obtain the goods,materials or services by Agreement or otherwise,and Vendor shall be liable to the City for any additional costs incurred by the City. "Additional cause" sball mean all reasonable costa. including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City fiather reserves its right to deduct the cost to complete this Agreement,including any Additional Costs,from any and all amounts due or to become due the Vendor. 4. INDE HENT CONTRACTOR. Vendor is and shall be at all times acting as am independent contractor and not as an employee of the City. Tlo Vendor shall secure at its expense,and shall be responsible for all payments of income tsx,social security, state disability insurance compensation.unemployment compensation,and all other payroll deductions for the Vendor,officer,agents, employees and suers. The Vendor shall also secure all applicable business licenses.if requited,in connection with the comtrect'servmm including all required licenses for Vendoes officers,agents,employees and sub-contractors. 5. TEEmATION. The City may terminate this Agreement for good cause. "(food cause shall include,without limitation, any one or more of the following events: A. Tie Vendor's refusal or failure to supply a sufficient number of 1?rolcgiy skilled workers or proper materials for completion of this Agreement. B. The Vendor's failure to completethis Agreement within the-time specified in this Agreement. C. The Vendors failure to make full and prompt payment to subconhactors or for material or labor. D. The Vendors failure 10 complete with federal,state or local laws,rules or regulations. E. The vendor's filing forbankruptcy or-becoming adjudged bankrupt. If the City terminates this Agreement for good cause, the Vendor shall not receive any firther mtoucs due under this Agreement until the goods,materials end services required by this Agreement are completed and fully performed. 1 Rev.6114 6v CHANGES. The City may issue a written change order for any change in the goods,materials or services to be provided during the pexformance of this Agreemeu. N the Vendor determines,for any reason,that a age order is necessary,Vendor most submit a written change order request to an authorized agent of the City within fourteen(14)calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested cbange. If the City determines that the change increases or decreases the Vendoes cosi or time for perfonmace,the City will make an equitable adjustment The City will attempt, in good Nth, to reach agreement with the Vendor on all equitable adjustments. However,if the parties are unable to agree,the City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order fiom the City or an oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time allowed,the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work.N the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work;however,the Vendor may elect to protest the adjustment as provided below: A. Procedum and Protest by the Vendor. If the Vendor disagrecs with anything required by a change order,another written order,or an oral order from the City,including any direction,instruction,interpretation,or determination by the City,the Vendor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen(14)calendar days with a written statement that provides the following information: a. The date of the Vendor's protest b. The nature and circumstances that caused the protest. C. The provisions in this Agreement that support the protest d. The estimated dollar cost,if any.of the protested work and how drat estimate was determined. L An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption. 3. The Vendor shall keep complete records of extra costs and time insured as a result of the protested work The City shall have access to any of the Vends records needed for evaluating the protest. The City will evaluate all protests,provided the procedures in this section are followed. If the City determines that a protest is valid,the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B. Vendor's Dntvto CgMRlete Prsttted work In spite of any protest,the Vendor stall proceed Prosy to provide the goods,materials and services required by the City under this Agreement. C. Vendor's AggggNM of Cbanaes. The Vendor accepts all requirements of a change order by: (1)endorsing it,(2) writing a separate acceptance,or(3)not protesting in the way this section provides. A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct. indirect,and consequential costs, including costa of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes VNaiver. By not protesting as this section provides. the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations,and determination). B. Win to Follow Procedures Constitutes waiver. By failing to follow the procedures of this section.the Vendor 2 Rev.6/14 completely waives any claims for protested work and accepts from the City any written or oral order(including directions,instructions,interpretations,and determination). 7. C'I.AM& The Vendor shall give written notice to the City of all claims other than change orders within fourteen(14) calendar days of the occumice of the events giving rise to the claims. Any claim for damagm additional payment for any reason.or extension of time, whether under this Amt or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this A or,if(and only if)no such provision is applicable,unless that claim is set forth in detail in writing and received by the City within seven(7)calendar days from the date Vendor knew.or should have known.of the facts giving rise to the claim. At a minimum,a Vendors written claim must include the information set forth regarding protests in Section 6(A)(2xa)-(e). FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WPIEI THE 77M ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM TBE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete. & WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected,the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven(7) calendar days of its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time,the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order In accomplish the correction. 9. INDElM1NIFICATIOM Vendor shall defend, indemnify and hold the City. its officer,officials, employees, agents and volunteers harmless from any and all claims,injuries,damages,losses or suits,including all legal costs and attorney fees,arising out of or in connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by the City's sole negligence. The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of compeeteat Jurisdiction.determine that this Agreement is subject to RCW 4.24.115,iben,,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 Vendor and the City,its officers,officials,employees,agents and volunteers,the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDE NINCATION CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER U41DUSTRIAL INSURANCE.TITIB 51 RCW,SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEG017ATED THIS WAIVER. 3 Rev.6/14 The provisions of this section shall survive the expiration or termination of this Agreement. 10. INSURANC L The Vendor shall pro=and maintain for the duration of this Agreement. insurance against claims for i4mies to persons or damage to property that may arise from or in convection with the performance of the Contract work by the Vendor,its agents,representatives,employees or subcontractors. Before beginning work on the project described in this Ate, the Vendor 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 poperty damage;and 2. Commemal CWwral Liability insurance written on an occur ice basis with limits no less than $1.000,000 combined single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual;lraducWcompleted operatimtslbaoad form property damage;and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Vendor. All required policies shall be provided on an"occurrence"basis except professional liability insurance(if required),which shall be provided on a"claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy,as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the(Sty as additional roamed shall be attached to the Certificate of Insura++r The City reserves the right to receive a certified copy of all the required insurance policies. The Vendoes 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 insutees liability. The Vendor's inemance shall be primary insurance as respects the City,and it shall be an affirmative obligation upon Vendor to advise the City's Risk Manager by fax at (360) 473-5161. or by certified mail, retire receipt requested to City of Bremer m attn:Risk Management,345 6m 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. 11. MISCRLLANB,OUS A Licenses and Taxes. Vender shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract. B&O taxes shall be paid when due, and Vendor, by Ibis agreement assigns any payments du:under this contract to the City Clerk for payment of such taxes which have 4 Rev.6/14 been declared delinquent. B. Conflict ed Pmood_en In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence: 1. Adderada.if any, 2. Contract, 3. Specifications, 4. Terms and Conditions, 5. Venoms proposal. C. Dmimena jg2gUMMgW ka 1khrence. The following documents are incorporated by refer,to include,but not be limited to: 1. Terms and Conditions, 2. Specifications. 3. Proposal,and 4. Non-Collusion Affidavit. A Use of Photog nhs and I MVendor shall not use or distribute photographs or images depicting City officials, peraonacl,property,or equipment whether prepared by Vendor or provided by City without prior written consent of the city. The City will not unreasonably withhold its consent. E Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor,its subcontractors,or any person acting on behalf of Vendor shall not,by reason of race,religion,color,sex, sexual orientation,national origin,or the ptesenoe of any sensory.mental,or physical disability,discriminate against any person who is qualified and available to perform the work to which the employment relates. F. COMWM ce with Lava. Vendor shall comply with all federal,state and local laws,Hiles and regulations throughout every aspect in the performance of this Agreement. G. Work Periurmed at VendRfl RidL Vendor shall taloa all precautions necessary and shall be responsible for the safety of its employees,agents,and subcontractors in the performance of this Amt. All work shall be done at Vendor's own risk,and Vendor shall be responsible for any loss of or damage to materials,tools,or other articles used or held for use in connection with the work R VM&Min IAw. Tbis Agreement shall be governed and construed in accordance with the laws of the State of Washington. U any dispute a dyes between the City and Vendor under any of the provisions of this Agreement, resolution of that dispute shall be available exclusively under the jurisdiction,venue and rules of the Kltaap County Superior Court,Kitsap County,Washington I. Attorney's Fees. In any claim or lawsuit for damages arising from the parties'performance of this ApiumaziL each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indermiffication under Section 9 of this Agreement. J. Written Notice. All communions regarding this Agreement shall be sent to the parties at the addresses listed below,unless otherwise notified Any written notice shall become effective upon delivery,but in any event three(3) calendar days after the date of ming by registered or oertified mail.and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement. 5 r Rev.6/14 1 Notices to be sent to: Notices to be sera to: VENDOR: may; Attn: Atte:Janet I.unc:eford City of Bremerron 345 Sixth Street,Suite 600 Bremerton,WA 98337 K Assiggment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. L. Modification. No waiver,alteration.or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized rive of the City and Vendor. NI. Severabilityff any one or more sections. sub-sections, or sentences of this Agmement are held to be unconstitutional or invalid.that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full fortx and effect. N. Entire AgreemM The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any repmentative of the City,and those statements shall not be construed as forming a part of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement,the terms of this Amt shall prevail. IN WITNESS VARMOP,the parties below have executed this Agreement. VENDOR: ��,�' C1TY: Citymarten c By; !B0 Date: D AS FORM: By. remert n City orney ATTEST: By. City Clerk R:UAgaM egW%Contracts\PORMS1Goods and Services Agreement.docx 6' Rev,6/14 TRS Trash Removal Services LLC Invoice , PO Box 5255 Date Invoice# Bremerton,WA 98312 _ 360-373-2007 7/1 W2014 J1047 Bib To Ship To Janetlunceford Code Enforcement Officer City of Bremerton P.O.Number Terms Rep Ship Via F.O.B. Project 7/182014 Quantity Item Code Description Price Each Amount Property Cleanup For the property at 233 Elm Street,Bremerton;boardup/cleanup 8,850.00 8,850.00T Remove any materials inside the structure that will rot;board up the building and remove the garbage,debris and nuisance vegetation on the site. Bremerton 8.70°x6 769.95 Total $9,619.95 t INVOICE Invoice#FRS-2014002477 1;01ftrt`891011 �y 5/12/2014 ,n URL rr Www.frtpe.cprIIIIIIIIIIIInIIIIIIIII IIIIVIIIVIIIVIIIII u uI �IIIIIIIIIIIIIIIII III IIIIIIIIII RECEIVED 911 MAY 15 2014 Send Payments To: Bremerton CityAttomeys Office Ci of Bremerton Front Range Legal Process Service, Inc. 345 6th Street, Suite 600 City 145 W Swallow Road City Attorney's Office Fort Collins,CO 80525 Bremerton,WA 98337 Phone:(888)387-3783 Fax:(877)772-7377 Your Contact: Leighann Denton Case Number: Kitsap 14 2 00674 0 Plaintiff. City of Bremerton,A Washington municipal corporation Defendants: Danny Laurie Served:4/16/2014 7:03 pm To be served on: Danny Laurie Line ITEMIZED LISTING Item Quantity Price Amount 1122 Sabal Palm Lane, Barefoot, FL 32976 1.00 Priority Rush Fee 85.00 85.00 Excess Mileage 1.00 0.00 _ 0.00 Witness Fee Check 1.00 0.00 0.00 Hourly Charge/Surveillance 1.00 0.00 0.00 FINANCE RATE OF 1.5%PER MONTH, 18%PER ANNUM 1.00 0'00 0.00 1.00 0.00 0.00 TOTAL CHARGED: $85.00 BALANCE DUE: $85.00 "'THANK YOU FOR YOUR BUSINESS AND REMEMBER WE CAN SERVE ALL OF YOUR PAPERS NATIONWIDE' FORT COLLINS, CO(HQ)'DENVER,CO'TAMPA, FL'CHICAGO, IL'OMAHA,NE LAS VEGAS, NV'RAPID CITY,SD'DALLAS,TX`SALT LAKE CITY, UT•CHEYENNE,WY Copyright®1992-2011 Database Services,Inc-Process Servers Toolbox V6.5n VENDOR NO. 3773 CHECK NO. 357841 524.6016 54910 240.00 FILING PER 233 ELM I 1 1 t I 1 3713 KITSAP COUNTY SUPERIOR COURT CLERK •• • • •�• narvajapgrain,avramrmv. u City of Bremerton Bunt of Amarka Accounts Payable Public Sector Banking , Ste: 600 (360) 473-5304 PS-0862M 21233 on CHECK DATE :I 0 345 6th St.' 04/09/14 357841 Bremerton, WA 98337 �+ AMOUNT IS *******240.00* �+ I+ PAY THE SUM OF TWO HUNDRED FORTY DOLLARS & ZERO CENTS j Void After 6 Months I' rO THs KITS" COUNTY SUPERIOR COURT CLERK 3RnEtt � 3P 614 DIVISION STREET �+ MS 24 PORT ORCHARD WA 98366 119 3 5 784 Lila I: L 2 3 3088 2 511: 10500000427` 3119 COMMUNITY DEVELOPMENT—RATE TABLE C All Rates Listed are "Not To Exceed"Fees C. DEPARTMENT OF CObJQMJNTY DEVELOPMENT RATE 1. SUBDIVISIONS Preliminary Short $1000+$150 per lot Preliminary Formal Plat/Binding Site Plan $2500+ $150/lot(1-100 lots) $100/lot(101-200 lots) $75/lot(201+lots) Final Short $630+$40/lot Final Formal Plat/Binding Site Plan $945+40/lot .2. SHORELINE MASTER PROGRAM Substantial Development Permit $1,300 Conditional Use Permit—Type II $850 Conditional Use Permit—Type 111 $1750 Shoreline Variance $1750 Permit Revision $325 Shoreline Exemption $100 3. STATE ENVIRONMENTAL POLICY ACT(SEPA) Checklist $320 Environmental Impact Statement Review/Adoption $650+additional cost of expertise 4. APPEAL(to Hearing Examiner) $350 5. PRE-APPLICATION CONFERENCE $100 6. ABATEMENTS Dangerous Building $900+Direct Service and Supply Cost Garbage&Weed $640+Direct Service and Supply Cost 7. ABANDONED PROPERTY FINES&PENALTIES Failure to Register $1,000+$100 per day Failure to Inspect,Maintain,and/or Secure $1,000+$100 per day 8. RENTAL PROPERTY REGISTRATION FINES&PENALTIES Failure to Register and File a Declaration of Compliance as Required $1,000+$100 per day Failure to Obtain a Certificate of Inspection When Required $1,000+$100 per day 9. BUILDING PERMIT FEES Refer to Exhibit 1 10. PLAN REVIEW FEE 65%of the building permit fee as set forth in Exhibit 1 11. ESTABLISHED"BASIC"PLAN REVIEW Pursuant to DCD policy 50%of Plan Review Fee Resolution No.3209 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF POSTING Danny Laurie #C13 0363 STATE OF WASHINGTON) ss. County of Kitsap ) I,Kelli Lambert,declare as follows: 1. That I am a citizen of the United States of America,a resident of the State of Washington,over the age of eighteen(18)years,not a party to the above-entitled action,and competent to be a witness herein. 2. That on the 4th day of August,2014,I posted a true and correct copy of the above captioned Public Hearing Notice issued July 30,2014,by stapling said notice to the carport post of the house on the property located at 233 Elm Street. Executed at Bremerton,Kitsap County,Washington on this 4th day of August, 2014. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best ofm lmowled Affiant: Kelli Lambert CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF MAILING Danny Laurie #C13 0363 STATE OF WASHINGTON) ss. County of Kitsap } I,Kelli Lambert,declare as follows: 1. That I am a citizen of the United States of America,a resident of the State of Washington, over the age of eighteen(18)years,not a party to the above-entitled action, and competent to be a witness herein. 2. That on the 4th day of August,2014,1 mailed a properly addressed and stamped envelope a true and correct copy of the Notice of Public Hearing issued July 30, 2014,by depositing said envelope in a mail receptacle of the U.S.Postal Service,via U. S. Regular and Certified Mail for delivery to: Danny Laurie 1122 Sabal Palm Ln. Barefoot Bay,FL 32976 Executed at Bremerton,Kitsap County,Washington on this 4th day of August, 2014. 1 declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct to the best of m knowledge. Affiant: Kelli LltBert AFFIDAVrr OF PUBLICATION Account#37922 AD#20142393 STATE OF WASHINGTON COUNTY OF KrrSAP I,Teresa Hull,being first duly sworn on oath,deposes and says:That she is now,and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap,in which County it is published and is now and has been for more than six months prior to the date of the publication hereinafter referred to,published in the English language continually as a daily newspaper in Bremerton,Kitsap County,Washington,a weekly newspaper in Kitsap County,Washington and is now and during all of said time,was printed in an office maintained in the aforesaid place of publication of said newspaper;that the following is a true text of an advertisement as it was published in regular issues(and not in supplement form)of said newspaper on the following date,to wit:And on Aug. 2,2014 such newspaper was regularly distributed to its subscribers during all of said period.The full amount of the fee charged for the foregoing publication is the sum of$67.12.This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of August 4,2014. NOTARY PUBLIC STATE OF WASHINGTON CHRISTY M MOFFITT CITY OF BREMERTON Ifee July 08,2016 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that there will be a public hearing before the City Council of the City of Bremerton on DATE: AUGUST 20,2014 TMIE: 5:30 P.M.OR LATER in the Meeting Chambers at the Norm Dicks Government Center,345-6th Street,Bremerton,Washington, and all interested persons are requested to be present. To be considered is the following: APPLICANT:City of Bremerton ACTION:Request approval of lien to recoup costs incurred in the amount of$10,844.95 for the abatement of the property located at 233 Elm Street. ALL PROTESTS AND OBJECTIONS TO THIS ACTION MUST BE FILED IN WRITING IN THE OFFICE OF THE CITY CLERK,345-6TH STREET,SUITE 600 BY THE CLOSE OF BUSINESS ON THE DATE OF THE HEARING. DATED at Bremerton,Washington this 30th day of July,2014. For more information regarding this action,you may contact Janet Lunceford,at(360)473-5213. Andrea L.Spencer,Director Community Development AUGUST 2,2014 AD#20142393 �. t:.m 'P ,a• a Ti' ' f �- �� • �� J '.3� Y• x- , is -,4• i..l ��: r¢1 r t ;moi f♦s g, i�J, �,� �Yr r.. J. 4 d. •,� Y,;�1 'Y• 3� � r. ,�.� � y�:.c''�"; c YFi�' .• .yam + p 1 'J }I L 7th' •:��.,�'{- r, -r r '. •r1 SII ♦ t<i!1^'"'1 , t 14{, r f�.��7 -\7 �- sI r •�7 i�i _� � -� 111�� ' ., tri �•• , � � , . _ ., - ": ' ot Jif �.' :*. Yom.. 1d� i.• ,•,.';� �^ rl� �- .c -f'A, �y' ti, tz.44 lkr. "x ..,r_.'„` {-IL•Ft: ' .t14. 'f `� " .:�'' ' •A►•y. � fie, 's , «: .Y� � � ��. Al j IS ,4?. try' ��1 SJ. �� _ r/ •", �' ,rjf�.`{ r " �� : rr �. �'.1� t •1�,1, � 1.t'1•n+'V° � 'i -4�_ � '•�f1 N �.�. +i`!'• ;1 to 113 0 f,� rr.�•. �' 1,��• 11' s,�'\= ;, YDS ' 11: f.. •Y b•' -`r ry` I� �1 -r'�L.�� ,,,` �•' :�It�f�(("`� ,�1� ' I '� i; 1�V�•rr.'i�-,Y" � � �fn. .y'' t� 1.L � 1 i4: �� ' •�`+�• ,j. 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J to N , I ' r ■s` JL - Wr Wp rt � i i I i � i 1' i a n I I __.__ I �:�` _ I n �, ' AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeseeeeeeeeeeeeeeeeeeeeeeeeee■ 1 ht SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5256 to vacate a portion of the alley COUNCIL MEETING Date: August 20, 2014 located south of Burwell Street and east of Department: Public Works & Utilities Chester Avenue for the Bremerton Police Presenter: Chal Martin Department Phone: 360.473.5920 SUMMARY: 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 the construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. ATTACHMENTS: 1. Ordinance No. 5256 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: 2 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business O Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5256 to vacate the alley right of way for the BPD. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5256 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of alley right of way for the Bremerton Police Department. WHEREAS, the City has initiated the vacation in accordance with Bremerton Municipal Code(BMC) 11.20.080 as part of the Police Department Headquarters; and WHEREAS, the City passed Resolution No. 3223 setting a hearing date to consider the vacation of a portion of the alley abutting the Bremerton Police Department, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on August 20, 2014, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation ofRight-of-Way. That portion of the alley right-of-way legally described in Exhibit A and shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owner subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. An easement is reserved for Cascade Natural Gas for operation, maintenance and repair of gas lines over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Vested Ri hts. No vested rights shall be affected by the provisions of this ordinance. 1 Bremerton Police Department/Vacation of Alley SECTION S. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. ff ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of 2014. GREG WHEELER, Council President Approved this day of 12014. PATTY LENT, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the day of 12014. EFFECTIVE the day of , 2014 ORDINANCE NO. R\Legal\Legal\Ordmances\Public Works&Utilities\BPD Alley Vacation doc 2 Bremerton Police Department/Vacation of Alley EXHIBIT "A" SE %, SE %, SECTION 14,TOWNSHIP 24, RANGE 1E, W.M., KITSAP COUNTY, WA THE 14 FEET OF THE ALLEY DEDICATED AS PUBLIC ALLEY IN THE PLAT OF THE TOWN BREMERTON, KITSAP COUNTY, WA ABUTTING PARCEL NUMBER: 3718-021-001-0002 LOT 1 &2, BLOCK 21, PLAT OF THE TOWN BREMERTON, AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY,WASHINGTON. ALSO ABUTTING PARCEL NUMBER: 3718-021-003-0109 LOT 3,THROUGH 12, BLOCK 21 PLAT OF THE TOWN BREMERTON,AS RECORDED IN VOLUME 2 OF PLATS, PAGE 30, RECORDS OF KITSAP COUNTY, WASHINGTON. AL "xr _ '�cm �- 4TH` ST.LIP - • _CD �.� n. .. _�. -`Z• - ••!.. ..�'.'�� _ - f., Cyr 1 T 9 `_ `Y ^� i I c .. �� . _� _ F _ . �, „_-�,r � ' :ti6' � o MEL L ST. (Aiz �rT _ . _ 00 rA IL J .VA:CA -IO:N. _ a IT �'� ;)4�' .i��4`-•:�� !(� _ (rr R��(�!'J1t�•.r--.,J�� 1 •' .r,�•�` �`K. I - ..__ ,. . _ � EXHIBIT "B " "ALLEY VACATION " SCALE = I"=100' ALLEY VACATION FOR BREMERTON POLICE DEPARTMENT ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: July 16th, 2014 PREPARED BY: Joe Keller/Gunnar Fridriksson SUMMARY A. Applicant: City of Bremerton 3027 Olympus Drive Bremerton, WA 98310 Location: Portion of Alley south of Burwell Street between Warren and Chester Avenues BACKGROUND The City of Bremerton is requesting a vacation of the alley abutting the Bremerton Police Department (BPD) property. This portion of the alley was blocked off by security gates during the construction of the BPD facility seven years ago and is being utilized by the BPD for parking and a security perimeter. With completion of this vacation, the City will also convert the remainder of the alley back to two-way traffic. It currently is designated one-way eastbound. The alley was dedicated in December of 1891 with the recording of the Plat of the Town of Bremerton, Volume 2 of Plats Page 30. As a right of way that was previously improved, this is Class II right of way. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Alley N/A • R-O-W Width 14 feet N/A • R-O-W Areas N/A N/A • Pavement Width 14 feet N/A • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: May 2014 Portion of Alley Vacation for BPD Page 1 of 4 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the right of way is not currently being utilized for public access, nor is it anticipated to be needed. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: This portion of the alley is currently not accessed by the public and maintenance is the responsibility of the BPD. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. An easement for Cascade Natural Gas Corporation will be retained for existing infrastructure. SUFFICIENCY OF SIGNATURES May 2014 Portion of Alley Vacation for BPD Page 2 of 4 This is a City-initiated vacation. COMPENSATION No compensation is due as a City-initiated vacation. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. Locked BPD gate facing east from Chester Avenue, parked vehicles are in the area of the proposed vacation. May 2014 Portion of Alley Vacation for BPD Page 3 of 4 , }4 , T. t''1'' ) �• �•' r , •fir BPD gate facing west from alley, note security gate. May 2014 Portion of Alley Vacation for BPD Page 4 of 4 AGENDA BILLc �O CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5257 vacating the south half of Home COUNCIL MEETING Date: August 20, 2014 Street between Winfield Avenue and the Department: Public Works & Utilities alley to the west. Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: 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 area proposed for vacation. ATTACHMENTS: 1. Ordinance No. 5257 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5257 to vacate.the south half of Home Street between Winfield Avenue and the alley to the west. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 A ORDINANCE NO. 5257 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code(BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3224 setting a hearing date to consider the vacation of a portion of the right of way for Home Street between Winfield Avenue and the alley to the west, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on August 20, 2014, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation ofRi hit-of-Way. That portion of Home Street between Winfield Avenue and the alley to the west described in Exhibit A and as shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 1 Home Street Vacation SECTION S. ff ective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of 52014. GREG WHEELER, Council President Approved this day of 92014. PATTY LENT, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the day of 12014. EFFECTIVE the day of 92014 ORDINANCE NO. R:\Legal\Legal\Ordmances\Public Works&Utilities\Home Street vacation.doc 2 Home Street Vacation EXHIBIT "A" SECTION 13,TOWNSHIP 24, RANGE 1E, W.M., in KITSAP COUNTY,WA THE SOUTH 25 FEET OF HOMES STREET A DEDICATED PUBLIC STREET IN THE PLAT OF RYTHER'S FIRST ADDITION TO DECATUR, KITSAP COUNTY,WA ABUTTING PARCEL NUMBER: 4985-003-001-0004 LOT 1, BLOCK 3, RYTHER'S FIRST ADDITION TO DECATUR, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 2 OF PLATS, PAGE 77, RECORDS OF KITSAP COUNTY,WASHINGTON. Exhibit "B" Home Street Right of Way Vacation Section 13, Township 24, Range 1 E, W.M., Kitsap WA. 9 N 15 0T4---0T7 QQ9— 0 0 � 10 E 14 S 013- 01 011- 00 11 j 013- 00 012- 00 12 W HOME S TREE T RIGHT OF WAY VACATION — O -- — — � — 12 J 012—00 001— 00 1 � 11 ? 011-00 I 2 002-01 014 W 10 070- 00 00,3-00 3 o1E 9 009-004 004— ()o 01 STREET VACATION FOR PORTION OF HOME STREET AT WINFIELD AVENUE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 20, 2014 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: David Wederen 2472 Marine Drive Bremerton, WA 98312 Location: Portion of Home Street between Winfield Avenue and west to alley. BACKGROUND 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. The right of way was dedicated by the Plat of Ryther's First Addition to Decatur in January of 1904. As the right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street N/A • R-O-W Width 50 feet N/A • R-O-W Areas N/A N/A • Pavement Width 22 feet N/A • Surface Type Asphalt N/A • Curb and Gutter No N/A • Sidewalks No N/A HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. May 2014 Portion of Home Street Vacation Page 1 of 3 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. S. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property owner. SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. No easements are required for the public or private utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. COMPENSATION No compensation is owing as Class III right of way. May 2014 Portion of Home Street Vacation Page 2 of 3 STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. Looking westerly from east side of Winfield Avenue over vacation area. May 2014 Portion of Home Street Vacation Page 3 of 3 AGENDA BILL ' D CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5258 vacating a portion of Chester COUNCIL MEETING Date: August 20, 2014 Avenue and dedicating Broadway Avenue, Department: Public Works & Utilities both actions between 16th and 18th Streets Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: 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. ATTACHMENTS: 1. Ordinance No. 5258 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: 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. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5258 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of Chester Avenue in exchange for dedication and construction of Broadway Avenue between 16`h and 18`h Streets. WHEREAS, Olympic College has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3225 setting a hearing date to consider the vacation of portions of Chester Avenue in exchange for dedication and construction of Broadway Avenue between 16`h and 18`h Streets for Olympic College, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on August 20, 2014, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of h�t-of-Way. That portion of Chester Avenue legally described in Exhibit A and as shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, are hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Reservation of Easements. (a) An easement is reserved for Puget Sound Energy for operation, maintenance and repair of power lines over, under and upon the entire area vacated pursuant to this ordinance. (b) An easement is reserved for Qwest for operation, maintenance and repair of telephone lines over, under and upon the entire area vacated pursuant to this ordinance. 1 Olympic College Vacation of Chester/Dedication of Broadway (c) An easement is reserved for the City of Bremerton, Public Works and Utilities Department for construction, operation, maintenance and repair of City utilities over, under and upon the entire area vacated pursuant to this ordinance. SECTION 4. Dedication of Right-of-Way. Portions of Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts legally described in Exhibit C, and further shown on the site plan set forth in Exhibit D,which exhibits are attached and incorporated herein by this reference, are hereby dedicated as City right-of-way. SECTION S. Vested Rights. No vested rights shall be affected by the provisions of this ordinance. SECTION 6. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 7. Effective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of 12014. GREG WHEELER, Council President Approved this day of , 2014. PATTY LENT, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 Olympic College Vacation of Chester/Dedication of Broadway PUBLISHED the day of 12014. EFFECTIVE the day of , 2014 ORDINANCE NO. R•\Legal\Legal\Ordlnances\Public Works&UttligesWacatton-Dedication for OC-Chester-Broadway.doc 3 Olympic College Vacation of Chester/Dedication of Broadway EXHIBIT "A" (RIGHT OF WAY VACATION) That portion of Chester Avenue and that portion of 16th Street lying within Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts, as recorded in Volume 2 of Plats, page 51, records of Kitsap County, Washington; described as follows: Commencing at a brass disc monument, in case, at the intersection of Chester Avenue and 16th Street, as depicted on Survey recorded in Book 63 of Surveys, pages 104 and 105, records of Kitsap County, Washington: Thence North 1°06'30" East along the centerline of said Chester Avenue a distance of 126.21 feet; Thence North 88°53'30" West 30.00 feet to the West right-of-way margin of said Chester Avenue and the Point of Beginning; Thence North 1006'30" East along said right-of-way margin a distance of 360.89 feet; Thence South 88022'25" East 60.00 feet to the East right of way margin of Chester Avenue; Thence South 1°06'33" West 300.45 feet along said East right of way margin to the beginning of a curve to the left; Thence 143.86 feet along the arc of a 155.00 foot radius curve to the left, said curve having a chord bearing of South 25028'50" East, 138.76 feet to a point on a curve, concave to the Southeast having a radius of 55.50 feet from which the radius point bears South 52037'39" East; Thence southwesterly (counterclockwise) and leaving said right of way margin, along said curve an arc distance of 30.46 feet through a central angle of 31102655" to a point on a curve, concave to the Northwest having a radius of 10.50 feet from which the radius point bears North 84°04'34" West; Thence southwesterly (clockwise) along said curve an arc distance of 4.76 feet through a central angle of 25°58'38" to a point on a curve, concave to the Southeast having a radius of 17.00 feet from which the radius point bears South 58005'56" East; Thence southeasterly (counterclockwise) along said curve an arc distance of 12.75 feet through a central angle of 42057'49" to a point on a curve, concave to the Northeast having a radius of 200.00 feet from which the radius point bears North 33025'14" East; Thence northwesterly (clockwise) along said curve an arc distance of 140.54 feet through a central angle of 40015'46'; Thence North 88053'30" West, 24.17 feet to the Point of Beginning. 9 W A v ro o�g�► q 10 24783 ss,�NAI IAN�� I 18th St. IM M F3 ' 8 a � 4 9 TRACT 5 Warren Smith's Acre Tracts d — a Scale: 1"= 100' iu i ' I V 10 30' 30' VAC-OCT 2013 26,796 Sq.FI. _ — 0.62 Ac. �— — -- — Vacation Area 6 True Point 6 of Beginning _ ah Proposed 7 Cul-de-sac GORY A: Co — 16th St. Cl) �'�;•. 24783a . Olympic Colle a Bremerton ss �'ClSTBR�' o� _ g Vacation Exhibit "B" A Portion of the NE 1/4 L=J N.L Olson & Associates, Inc. Section 14, T 24 N, R 1 E, W.M. (360)895-2350 or(360)876-2284 City of Bremerton Project No.8241 Kitsap County,Washington EXHIBIT"C" (RIGHT OF WAY DEDICATION) That portion of Tract's 5 and 6 of the plat of Warren Smith's Acre Tracts,as recorded in Volume 2 of Plats,page 51, records of Kitsap County,Washington, located within Gov't Lot 3,Section 14, Township 24 North,Range I East,W.M.;described as follows: Commencing at a brass disc monument,in case,at the intersection of ChesterAvenue and 16th Street, as depicted on Survey recorded in Book 63 of Surveys,pages 104 and 105, records of Kltsap County,Washington; Thence South 88"27'27" East along the centerline of said 1611, Street a distance of 331.69 feet to a brass disc monument,in case,on said centerline; Thence continuing along said centerline South 88"27'03"East,153.92 feet; Thence North 1"32'57" East 30.00 feet to the North right of way margin of said 16th Street and the Point of Beginning; Thence North 84"04'04• West, 115.85 feet; Thence North 01"00'00" East,536.30 feet to the Southerly right of way margin of 18th Street; Thence North 88"25'55"West,51.00 feet along said Southerly right of way margin; Thence South 01"00'00"West and leaving said right of way margin a distance of 527.39 feet; Thence North 84"04'04"West, 100.79 feet to the beginning of a curve to the right; Thence 18.61 feet along the arc of a 48.50 foot radius curve to the right,said curve having a chord bearing of North 73"04'22"West,18.50 feet; Thence North 62"04'40"West,43.99 feet to the beginning of a curve to the left; Thence 78.03 feet along the arc of a 55.50 foot radius curve to the left, said curve having a chord bearing of South 7738'50" West, 71.76 feet to a point on a curve, concave to the Northeast,said point being on the existing right of way margin of 16th Street,having a radius of 155.00 feet from which the radius point bears North 37"55'46" East; Thence 93.61 feet, on said right of way margin,along the arc of a 155.00 foot radius curve to the left,said curve having a chord bearing of South 69"22'21"West,92.20 feet; �r (Exhibit "C"cont.) Thence South 86"25'23" East,72.54 feet Thence South 88"27'27" East,80.44 feet Thence South 88"27'03" East, 153.92 feet to the Point of Beginning. AND: That portion of Tract 6 of the plat of Warren Smith's Acre Tracts,as recorded in Volume 2 of Plats,page 51, records of Kitsap County,Washington,located within Gov't Lot 3, Section 14, Township 24 North,Range 1 East,W.M.;described as follows: Commencing at a brass disc monument,in case,at the intersection of ChesterAvenue and 16th Street, as depicted on Survey recorded in Book 63 of Surveys,pages 104 and 105, records of Kitsap County,Washington; Thence South 88"27'27" East along the centerline of said 16th Street a distance of 153.23 feet; Thence South 1"32'33" West, 30.00 feet to a point on the south right of way margin of said M Streetthe Point of Beginning; Thence North 88"27'27"West, 16.56 feet to the beginning of a curve to the right;Thence 81.82 feet along the arc of a 60.00 foot radius curve to the right,said curve having a chord bearing of North 49"23'21"West,75.63 feet to a point on a curve to the left concave to the northeast having a radius of 200.00 feet from which the radius point bears North 33"25'14"East; Thence 80.81 feet along the arc of a 200.00 foot radius curve to the left, said curve having a chord bearing of South 68"09'17"East,80.26 feet; Thence South 01"32'33"West, 19.82 feetto the Point of Beginning; �nRY-A,6 WA N 1 r � 'AL uWp4 15.06' lath St. B 3 9 TRACT 5 2 Warren Smith's Acre Tracts a 10 30' MY L Vacation Area a Rlght-of-Way Dedication Area Proposed t. CU"13-sac Point of Beginning 4 16th St. Point of point of Commencing Beginning 9 Right-of-Way TRACT 6 Dedication Area 3 Scale: V= 100' GORY..A. a4 'tits'••.. .y T f�J':Oi e 24783 Olympic College, Bremerton ��s Right-of-Way Dedication Exhibit A Portion of the NE 114 L=J Nl Olson&Associates, Inc. section 14,T 24 N,R 1 E.W.M. (360)895-2330 or(360)676-2284 City of Bremerton Project No.8241 IGtsap County,Washington Page 4 STREET VACATION FOR PORTION OF CHESTER AVENUE NORTH OF 16TH STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 20th, 2014 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Olympic College 1600 Chester Avenue Bremerton, WA 98337 Location: Portion of Chester Avenue north of 16th Street. BACKGROUND Olympic College has petitioned the City to have a portion of Chester Avenue vacated as part of their Master Plan to enable new building construction in this area. As compensation, the College proposes to dedicate and construct Broadway Avenue between 16th and 18th Streets. No compensation is proposed for the additional right of way area. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street Street • R-O-W Width 60 feet 50 feet • R-O-W Areas 26,796 sq. ft. 36,504 sq. ft. • Pavement Width 32 feet 40 feet • Surface Type Asphalt Asphalt • Curb and Gutter Yes Yes • Sidewalks Yes Yes HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the right of way will better serve the Public as an Institutional facility. May 2014 Portion of Chester Avenue Vacation Page 1 of 3 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: Mitigation of the vacation of this portion of Chester Avenue will require the public right of way to be relocated as proposed by Olympic College. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property owner. SHORELINE ACCESS This portion of right-of-way does provide shoreline access but will be mitigated for continued access to the north end of Chester Avenue where the shoreline is located. UTILITIES All private utility companies have been contacted. Easements are required for the public and private utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. COMPENSATION May 2014 Portion of Chester Avenue Vacation Page 2 of 3 Staff recommends compensation being in exchange for the dedication and construction of Broadway Avenue between 16th and 18th Streets. STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. r Looking north from 16 Street over vacation area. May 2014 Portion of Chester Avenue Vacation Page 3 of 3 — .•� 'a. s• j� I c k+ - 'rti_-'t tie ,i�:i •'1 �A � c IrZ �`' ✓� - ��i -� �i rrI .i�i� � � � � 'Yc'. y. •J� 'gip' �- � •-i � htJ,1` r tf' '� • 1. - .�r •� ,1 IV .,• .i •�h i i Ir i ' I f , , �BREMER iROsT . C: - - , , M61, I legend 1 New buildings - , -_--_- -___-____ _ -------- i L.-____________________18TH 8T.�---"-'- Existing budtlings — ' i • ; � ;J'j" � r -�.il { ' I I .. Heritage trees r ; CHILD a". � I � i I; CENTER P3 V. ■ ' HEALTH01 � � YFl�l,��,a , • ,I OCCUPATION I L J•. ,:• A� p0 I i ` \Z:- - - '�' COLLEOEINSTRULTION-"iL F— M CENTER 040 00 J i HUMANITIES TECHMA SERVICES ' i ekl !L I IC sew!. r; COLO. .HASELWOOD SERV, URBAN • I• 7 CNTL ,•' 1 I• , �' OLYMPICCOLLEGE i ,�. I; i. ati SCIENCE tt I I� PLANNING BOUNDARY PYXSICAL EDUCATION r ■ ,-BREMERTON 2000 COMPREHENSIVE PLAN BOUNDARY �w F CAMPUSGREEN .•� r�_DREMER STUDENT CENTER Ct '. _ ''• , ■ t ; ISTH STREET , : ,.' 11 1 IMM vt- , , I SHOP rr FACILITIES • I 1, I c� ■ =-----------------------=-----------=- ------- - - - - -- - -- - - _ —— ISINSTBEET _. ---------- --- ----r-1-- 5iM3 %_;' 2016 CAMPUS MASTER PLAN "°"� GRAPXIC 6re:s Olympic College- Bremerton Campus schacht j aslani architects iY1 <G>t:• .pt. .y w, •fY. �•.,� ,i w�'r *; .�iil 1 I BREMFA TFl I • . `• Legend I ■ !* ' -III { E New 11.11d,ngs -.�a►-----------------------------r- - ,r-_____________________1��._______•_____ -�__ Existing buildings ■ , � ' -'- !� \ I Heritage trees .- ' --•---- CONFERENCE I INSTRUCTION — ..- ICNILDOW. CENTER J CENTER i „ COLLEGEINSiRUCTION '� I I ' I I-•J I� CENTER AUTO -1 r �I .L NUNIANRlFSA 6NDLNf BERYICES —.T_ ..1 {' � . � TECH 11 C. HASFEWOOD 'I I' SERV, LBRARY I I !TI-i 1 i :--I �'i..■ I1 CNTR. �.p r `�—•"L' °I I _ OLYMPIC COLLEGE IENCEL PLANNING BOUNDARY I '� � I ,✓ SC .L� �I. .- - { '.: ,; -- TECHNOLOGY �! PHYSICILL I� ■ EDUCATION , i F; -_ BREMERTON 2000 - COMPREHENSIVE PLAN BOUNDARY CAMPUS GREEN a . � BNEMER 67UDFNi CLN1E11 r i 15THSTREET 1. I INSTIIUCROR . I 1{ SHOP INSTRUCTION -_. I I- .� ■ II < 1 I � I _�J ' 1, ■ I FACILMES INBTRUCnON r F I 1• -------------------------------- _-- - _ _ --- 7-1" ' -� Imo_^—_ .��- —=i: , .I ■ _ _ .... ------ ,ate 2039 CAMPUS MASTER PIAN "� GRAPHICSCALE Olympic College-Bremerton Campus . - %. — — schacht aslant architects Legend ❑ Dedicated right of way (36,491.5 sf) Vacated right of way (26,805.29 sf) _ Existing right of way — Proposed right of way I � I O 18th Srreer , I 7. __ AprF � 88 Feet ALIGN i Wing "k— o 60'Exlsung Rlghl of Way ' Proposed Building J ;51'Proposedi 1 iRight of WaJ \\ nW / noPoGuarJrta,.x�r , l v t ... ---- .• I 'i _, iia - i _. 16th Srreer r• e , COUGHLINPORTERLUNDEEN STRUCTURAL. CIVIL SLISMIC ENGINEERING Right of Way Exhibit 801 SECOND AVENUE,SUITE 900/SEATTLE,VIA 98104 07/19/2013 " P 206.343 0460/F 206.343.5691 /cplinc.com rF Scale: 1 = 40' AGENDA BILL 10 IE CITY OF BREMERTON CITY COUNCIL SUBJECT: Public Hearing on Ordinance Study Session Date: August 13, 2014 No. 5259 vacating a portion of the south half COUNCIL MEETING Date: August 20, 2014 of 9th Street between Pitt Avenue and Shore Department: Public Works & Utilities Drive Presenter: Chal Martin Phone: 360.473.5920 SUMMARY: 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 area proposed for vacation. ATTACHMENTS: 1. Ordinance No. 5259 with Exhibits; 2. Engineering Staff Report FISCAL IMPACTS (Include Budgeted Amount): None. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5259 to vacate a.portion of the south half of 9th Street. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5259 AN ORDINANCE of the City Council of the City of Bremerton, Washington, relating to the vacation of a portion of the right of way for 9th Street between Pitt Avenue and Shore Drive. WHEREAS, the adjacent property owner has initiated the vacation in accordance with Bremerton Municipal Code (BMC) 11.20.070; and WHEREAS, the City passed Resolution No. 3226 setting a hearing date to consider the vacation of a portion of the right of way for 91h Street between Pitt Avenue and Shore Drive, to take public comment or consider written objections to the vacation; and WHEREAS, fewer than fifty percent of the property owners abutting said right- of-way filed written objections to this action prior to the time set for public hearing herein; and WHEREAS, a public hearing was held with proper notice on August 20, 2014, in the City Council Chambers of the Bremerton City Hall to take public comment or consider written objections to the vacation; and WHEREAS, the City Council has determined that it is in the best interest of the public to proceed with the vacation; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Recitals. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2. Vacation of Right-of-Way. That portion of 91h Street legally described in Exhibit A and as shown on the site plan set forth in Exhibit B, which exhibits are attached and incorporated herein by this reference, is hereby vacated to the abutting property owners subject to the reservation of easements, if any, as applicable. SECTION 3. Vested Rim. No vested rights shall be affected by the provisions of this ordinance. SECTION 4. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. 1 9r"Street Vacation SECTION S. Effective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. PASSED by the City Council of the City of Bremerton, Washington this day of 52014. GREG WHEELER, Council President Approved this day of , 2014. PATTY LENT, Mayor APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk PUBLISHED the day of , 2014. EFFECTIVE the day of , 2014 ORDINANCE NO. R:\Legal\Legal\Ordinances\Public Works&Utilities\9th Street Vacation Between Pitt and Shore.doc 2 �h Street Vacation EXHIBIT "A" GOVT LOT 4, NE %, SE %, SECTION 13, TOWNSHIP 24, RANGE 1E, W.M., in KITSAP COUNTY, WA THE SOUTH 25 FEET OF EAST 9T"STREET A DEDICATED PUBLIC STREET IN THE PLAT OF DECATUR, KITSAP COUNTY,WA ABUTTING PARCEL NUMBER: 3913-022-001-0003 LOT 1, BLOCK 22, DECATUR, AS RECORDED IN VOLUME 1OF PLATS, PAGE 67, RECORDS OF KITSAP COUNTY,WASHINGTON. Exhibit "B" E 9th Street Right of Way Vacation NE 1/4, SE 1/4, Section13, Township 24, Range 1E, W.M., Kitsap WA. 4 00 2 011 -00 / 5 003-003 10 00 010- 00 E 6 4 9 009- 00� 006-100 9 1007- 00 -90 00 RIGHT OF WAY VACATION EA S T 9 TH S TREE 25' 7 o� sy 001 - 00 ' 2 3 00200 \ / 4 003/00 'per 0 5�0 ` \ Z04- 06 �� / STREET VACATION FOR PORTION OF E. 91h STREET ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: August 20, 2014 PREPARED BY: Gunnar Fridriksson SUMMARY A. Applicant: Kathleen Trepanier 306 Shore Drive Bremerton, WA 98310 Location: Portion of E. 9th Street between Pitt Avenue and Shore Drive. BACKGROUND The adjacent property owner has petitioned the City to have the south 25 feet of the street vacated as the roadway was constructed on the northern half of the right of way. The right of way was dedicated by the plat of Decatur in March of 1889. As the right of way is unimproved, it is Class 3. RIGHT-OF-WAY CONDITIONS EXISTING ROADWAY NEW ROADWAY • Functional Classification Street Street • R-O-W Width 60 feet 35 feet • R-O-W Areas N/A N/A • Pavement Width 18 feet 18 feet • Surface Type Asphalt Asphalt • Curb and Gutter No No • Sidewalks No No HEARING CONSIDERATIONS BMC 11.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of the right of way is not currently being utilized for the roadway, nor is it anticipated to be needed. Portion of 9th Street Vacation Page 1 of 3 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the Comprehensive Plan. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to justify the costs of maintenance. Staff Position: Vacating this portion of right of way will reduce the City's maintenance responsibility in this area. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: No other thoroughfare would improve circulation in this area. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: There is no anticipated future public transportation needs. 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: The applicant for the vacation is the sole adjacent property owner.- SHORELINE wner:SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES All private utility companies have been contacted. No easements are required for the public or private utilities. SUFFICIENCY OF SIGNATURES The applicant is the sole adjacent property owner. COMPENSATION No compensation is owing as this is Class III right of way. Portion of 9th Street Vacation Page 2 of 3 STAFF RECOMMENDATION City Attorney, Police, Fire, Engineering and Community Development staff notes no objections to the proposal. Staff recommends that this Street Vacation be approved as requested. 1 Looking East from Shore Drive down 9th Street. Portion of 9t`' Street Vacation Page 3 of 3 1o6 Lori Smith From: Lori Smith on behalf of City Council Sent: Tuesday, August 19, 2014 2:44 PM To: City Council Subject: FW: Response to Citizen Comments - Current Agenda Items 9A and 10E (Jim McDonald) Attn: Council Members(FYI) From: Chal Martin Sent: Tuesday, August 19, 2014 2:33 PM To: City Council; 'Jim McDonald' Cc: Patty Lent; Milenka Hawkins-Bates; Thomas Knuckey; Gunnar Fridriksson Subject: RE: Citizen Comments - Current Agenda Items 9A and 10E (Jim McDonald) Mr. McDonald,thanks for your inquiry. The additional consultant work for a pre-design report for the Schley Canyon Culvert Replacement (estimated to cost $30,000) is programmed in the 2015 Storm Capital Improvement Plan. The other$20,000 envisioned for technical work related to the Lower Wheaton Way project is distributed according to the ratios associated with the expected project expense by fund. Regarding the right of way vacation of a portion of E. 9"': this is a good point, and a consideration for the Council. My thinking on this segment is that at some point in the future, and in consultation with the neighborhood, this little piece between Upper Shore Drive and Pitt could be closed completely to vehicle traffic and converted to a pedestrian facility/urban trail. Presumably that would occur in conjunction with converting Upper Shore Drive into a pedestrian- only facility as well. I have heard discussion about this possibility at some future date. It seems to me there is a lot of time to think more about this, as the traffic volumes on Upper Shore Drive are quite low. I jog that route frequently (it is a beautiful route); often encounter other walkers/joggers; occasionally encounter vehicles and the vehicles are always moving slowly and are courteous to pedestrians and joggers. I am rambling so I'll stop talking. But this area is a gem for the City, no doubt. Chal Chal A. Martin, P.E. Director, Public Works and Utilities Department City of Bremerton (360) 473-5758/ (360)473-5018 Fax chal.martin@ci.bremerton.wa.us From: Lori Smith On Behalf Of City Council Sent: Tuesday, August 19, 2014 11:15 AM To: 'Jim McDonald' Cc: City Council; Chal Martin Subject: RE: Citizen Comments - Current Agenda Items 9A and 10E (Jim McDonald) Mr. McDonald, Thank you for providing your comments on two items listed for discussion at the next Council Meeting on August 20, 2014. Please note that I've attached an amended Agenda to clarify that one of the referenced items (the "Consultant Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc.for the Lower Wheaton Way Bridge to Bridge Trail Project") is now listed as Item 9A under General Business. 1 Your comments regarding Item 9A and 10E will be shared with the Council Members for their review and consideration. I have also provided a copy to Public Works Director Chal Martin for his information; and a copy will be included as a part of the record for both Item 9A and Item 10E. It is appreciated that you took the time to contact the City. LarilSmajv Legislative Assistant Bremerton City Council (360)473-5280 From: Jim McDonald [mailtoJimmc90Cabgmail.com] Sent: Monday, August 18, 2014 7:40 PM To: City Council Subject: comments on current agenda items Honorable Council Members, please consider my questions and comments regarding your next proposed agenda items: Consent Agenda Item H: Consultant Supplemental Agreement for Supplement No. 2 with Gray Osborne, Inc. for the Lower Wheaton Way (Bridge-to-Bridge Trail) Project This project seems like it is entirely stormwater related. Why doesn't the stormwater funding pay for all of this project and why are parts of the cost pro-rated to the water, sewer, and street projects? A culvert replacement clearly falls under the expense of the stormwater program...and nothing else. Public Hearing number 5229 (Public Hearing l0E) regarding the vacation of a portion of East 9th Street. This vacation may not be in the Public interest because it leaves no room for future sidewalk or bike lane improvements. Request easements be reserved for future bike lane and sidewalk construction. Thank you for your consideration to these matters, R, Jim McDonald 1311 Marlow Ave, B6 Bremerton, WA 98310 2