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11/05/2014 AGENDA
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 NOVEMBER 5, 2014 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00—5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2.. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —October 15, 2014 C. Minutes of Study Session —October 22, 2014 D. Minutes of Special Meeting —October 29, 2014 E. Confirm Appointment of David Hedger to the Parks & Recreation Commission F. Contract Award to Lakeside Industries, Inc. for Paving the Bremerton Senior Center Parking Lot 6. GENERAL BUSINESS A. Grant Agreement with State Department of Commerce for Burwell Pedestrian Tunnel B. Professional Services Agreement with Fraser+ Fogle Architects for Burwell Pedestrian Tunnel Design and Construction Management C. Ordinance No. 5262 to amend Chapter 9A.44 of the Bremerton Municipal Code (BMC) by adding Section 9A.44.105 entitled "Unlawful Solicitation" to prohibit Panhandling near ATM and Bus Stops; and Passing or Receiving Anything (like money)from the Street to the Sidewalk on Major Arterials 7. PUBLIC HEARINGS A. Public Hearing on Resolution No. 3236 to approve 2015 Community Development Block Grant (CDBG) and HOME Funding Recommendations for inclusion in 2015 CDBG/HOME Action Plan B. [Quasi-Judicial] Hearing on Resolution No. 3234 to recover fees for abatement costs on the property located at 1127 N. Callow Avenue C. [Quasi-Judicial] Hearing on Resolution No. 3235 to recover fees for abatement costs on the property located at 1129 N. Callow Avenue D. Public Hearing on Ordinance No. 5260 to amend Chapter 3.78 of the Bremerton Municipal Code (BMC) entitled "Multifamily Property Tax Exemption" regarding Boundaries for the Downtown Regional Center Target Area E. Public Hearing on Ordinance No. 5261 to amend Chapter 20.12 of the Bremerton Municipal Code (BMC) entitled "Land Division" regarding Phasing, Extensions, and Descriptions of Minor and Major Plat Amendments Continued on back... BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO COMMENT SO YOUR NAME CAN BE INCLUDED IN THE RECORD V G� Cit V w w v N �dQ w�Q G v�I REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU I i. VrOC amation WHEREAS, across our Nation, as many as 5 million Americans live with Alzheimer's disease-- currently an irreversible, incurable, and fatal disease. Together with their loved ones, these individuals experience the tragic realities of a disease that gradually erases cherished memories, affects behavior, and destroys the ability to live independently and carry out the simplest daily tasks. This month, we recognize all those whose lives have been touched by Alzheimer's, and we renew our commitment to making progress in the war against it; and WHEREAS, The Federal Government is the world's leading funder of Alzheimer's research, and they are dedicated to finding ways to prevent and effectively treat this devastating disease by 2025; and WHEREAS, to learn more about Alzheimer's disease-- including risk factors and early signs and symptoms -- and to access resources for patients and caregivers, you can visit www.Alzheimers.gov; and WHEREAS, during National Alzheimer's Disease Awareness Month, we join with researchers, health care providers, and patient advocates across our country to lift up all those who are battling this disease every day. As we come together to raise awareness about Alzheimer's, we honor the individuals who lost their lives to it, as well as the devotion and selflessness of the millions of caregivers who endure the financial and emotional strains of this disease. In their spirit, let us continue our work to end this debilitating ailment and its devastating effects. NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim November 2014 as Alzheimer's Disease Awareness Month. I call upon our community to learn more about Alzheimer's disease and support the individuals living with this disease and their caregivers. Signed this 4th day of November 2014 Mayor Patty Lent Veterans Da HONORING ALL WHO SER ED Tuesday, November 11, 2014 FREE ADMISSION! Kitsap Sun Pavilion Brought to the Kitsap County Fairgrounds, Bremerton,WA community by The Bremerton-Olympic 9:00 a.m. to 1:00 p.m. Peninsula Navy League Ceremony: 10:30 to 11:45 a.m. Keynote Speaker: --_- -__- - Doug Pfeffer, Operations Manager for"Rally Point/6"t a non-profit Veter fiL—" - - -----, YYE SEE AJ_L " Progrcun: Bremerton High School Band; Michael Oliver, B OEM Ceremonial Bell Ringing, Rifle Salute,Taps Displays: A:00 ys• a.m.to 1:00 p.m. � �__ The nag olthe United States otAmerica �l 7 YV \\ - accompanjing torr certilcate has been proud/ Antique Military Vehicles,Vintage Military Uniforms, sown.ver Pyramid the Senior Tactics/Comm rad Y� , and Co°rrol y for Operari.n ENOUR/NG FRBROOM 1p Free refreshments provided by Crary Eric sDrive-in Ag at A,Ude,d Air asre, g and cake provided by Costco b 14 AUGUST 014` °n y the men and women ofthe 71"Expeditionary Air Control Squadron n / P"se rated to MA YOR PA TTY LENT s / v �� y '1 A SMUMS Alit FORCE J� tt6ILI 4 QD®n M1 gig,Qa7Art •� �Ri �ei� 'nA'MID CpMn10L—wWE SEE •• • '• • �1{LEgC G� Premier Media Sponsor Navy LeagueKitsap Country '! of the United States trap 1�1Z l , Commissioners Rayffieon _ :> Supporting Youth Through the Use of Positive Conflict Resolution Strategies Facilitated by the Dispute Resolution Center of Kitsap County "Empowering People to Resolve Conflict Peacefully" The Dispute Resolution Center of Kitsap(DRC) is a nonprofit organization providing mediation, Training for Mentors, education,and mental health Ombuds services to help individuals,families and organizations Service Providers, resolve conflict. . Parents, School Staff and the Community Explore concepts and strategies for developing effective ways to assist youth in finding their voice when facing conflict. Develop your communication and problem solving skills Where: Central Kitsap Junior High School'Cafeteria— 10130 Frontier Place NW Silverdale WA When: Thursday, November 13, 2014 5:30-7:30pm To Reeister or questions: Please Contact Laura Hyde Ihyde@co.kitsap.wa.us.or 360-337-4878 Cost: Free of charge Delicious refreshments will be provided Sponsors: Kitsap Youth Mentoring Consortium&Dispute Resolution Center of Kitsap County &Kitsap County -�Dlspute W ReSol,Na , i i i Proclamation WHEREAS, Hip Hop is a universal culture that transcends ethnicity, nationality, social status, gender, religion,beliefs and other ineffectual barriers of humanity; and WHEREAS, Hip Hop is comprised of elements including but not limited to Deejaying, Emceeing, B-Boying/B-Girling, Specific Aerosol Art, Knowledge(Education) and others unmentioned and undefined as with the existence of many cultures; and WHEREAS, the founding principles of Hip Hop are Peace, Unity, Love, Havin' Fun, Knowledge, Wisdom, Understanding, Freedom, Justice, Equality, Economics, Mathematics, Science, Life, Truth, Facts and Faith as advocated by the Universal Zulu Nation, Hip Hop's founding family and grassroots community service organization; and WHEREAS, the inception of Hip Hop was a youth-led movement and alternative from violence, drugs, alcohol,racism and other ills that plagued the inner-city/urban communities of color; one that transpires to people of all backgrounds today that connects social, economic, and political activism with self-preservation; and WHEREAS, Hip Hop is an international and intergenerational phenomenon that positively influences and affects millions of lives in its essence through spiritual,mental and physical manifestations, as it also provides outlets of engagement as a means to delve into education and academic realms of the Arts, Language, Business, History, Mathematics, Science, Health and other studies unmentioned and undefined; and WHEREAS, the history of Hip Hop is a cultural and musical evolution from Funk, Soul, Rock, R&B, Blues, Gospel and more with lineage that traces the African diaspora and some of the earliest cultures and civilizations; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton, recognize the month of November as Hip Hop History Month. Signed this 5h day of November 2014 Patty Lent, Mayor CELEBRATING/,.",,, o . . N-Op. . •0 Hip, • R .0 / . HI ST . r.• • • FEATURING THE MALO VS / .us COMBO DANCE BATTLE 3PM 9PM i EAGLES-AERIE 192 i 205 6TH ST. BREMERTON,INA.98337 SIR 3 304 Bremerton Interchange * p 3 .Ai. i m 304 s - •:�_ 000- Please = I�� IfJ`r t � •� - sy' ro. a _ �f ,• •• a" s J� �Y Please VOTE for your favorite Alternate at: www.wsdot.wa .gov/i3roiects/sr3/sr3O4icimprovement Proclamation WHEREAS, in 2014, an estimated 46,420 people will be diagnosed with pancreatic cancer in the United States and 39,590 will die from the disease; and WHEREAS,pancreatic cancer is one of the deadliest cancers, is currently the fourth leading cause of cancer death in the United States and is projected to become the second by 2020; and WHEREAS,pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just six percent; and WHEREAS, when symptoms of pancreatic cancer present themselves, it is generally late stage, and 73 percent of pancreatic cancer patients die within the first year of their diagnosis while 94 percent of pancreatic cancer patients die within the first five years; and WHEREAS, approximately 880 deaths will occur in Washington State in 2014; and WHEREAS, the Recalcitrant Cancer Research Act was signed into law in 2013,which calls on the National Cancer Institute to develop a scientific framework,or strategic plans, for pancreatic cancer and other deadly cancers, which will help provide the strategic direction and guidance needed to make true progress against these diseases; and WHEREAS,the Pancreatic Cancer Action Network is the national organization serving the pancreatic cancer community in Bremerton and nationwide through a comprehensive approach that includes public policy, research funding,patient services, and public awareness and education related to developing effective treatments and a cure for pancreatic cancer; and WHEREAS,the Pancreatic Cancer Action Network and its affiliates in Bremerton support those patients currently battling pancreatic cancer, as well as to those who have lost their lives to the disease, and are committed to nothing less than a cure; and WHEREAS, the good health and well-being of the residents of Bremerton are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection,causes, and effective treatments; NOW, THEREFORE, I, Patty Lent, Mayor of the City of Bremerton do hereby proclaim the month of November 2014 as"Pancreatic Cancer Awareness Month" in Bremerton. Signed this 5`h day,of November 2014 Mayor Patty Lent PANCREATIC CANCER ACTION i 4 30 �Ilil STAY INVOLVEDwith the PANCREATIC CANCER ACTION 1` air The Seattle Great Wheel will turn purple on November 13 for Pancreatic Cancer-Awareness. t ADVOCATE CELEBRATION OF HOPE Tell Congress:A Decrease for Medical&Cancer Research is SAVE THE DATE FOR OUR ANNUAL GALA Unacceptable! June 6,2015-5:00 p.m. In September,Congress cut funding for medical research at SHERATON SEATTLE the National Institutes of Health(NIH)once again.With 1400 Sixth Ave pancreatic cancer projected to become the second leading Seattle,WA cause of cancer-related death in the United States by 2020,we 98101 need Congress to increase funding for medical research! This event is expected to sell out so please contact Jan Tell your Members of Congress to pass a real funding bill that Rosenlund to reserve a seat or a table for your group. Email includes an increase for the NIH when they return to Jan at jrosenlund@pancanvolunteer.org. If interested in Washington after the election. donating auction items, please email Kate Fisher at k8dempsfish®gmail.com. www.pancan.org/TakeAction More information coming soon. PURPLELIGHT GETINVOLVED Stay tuned for PurpleLight on March 1,2015. Interested in getting more involved with the Puget Sound Affiliate? Please contact jmabbutt®pancanvolunteer.org Pancreatic Cancer Action Network National Office 11500 Rosecrans Ave Suite 2001 Manhattan Beach,CA 90266 1 Ph:877-272-6226 1 www pancan org Government Affairs&Advocacy Office 11050 Connecticut Ave NW,10th Floor I Washington,DC 20036 1 Ph 202-742-66991 Fax.202-742-6518 02014 Pancreatic Cancer Action Network PANCAN®,PURPLESTRIDE@,PURPLERIDE,D,PURPLEBOWLTv and PANCREATIC CANCER ACTION NETWORK®are registered trademarks PANCREATIC CANCER ACTION NETWORK! ADVANCE RESEARCH.. SUPPORT PATIENTS. CREATE HOPE. OUR VISION OF PROGRESS G gm� Founded in 1999, the Pancreatic Cancer Action Network is a nationwide ffff" +++++++++"+++ network of supporters working together to advance research, support patients and create hope for those affected by pancreatic cancer. +++++++++++*++ffff+ We have a vision to double survival for pancreatic cancer by 2020 by � intensifying our proven efforts to combat the disease. PROGRAMS pessmavc h Since 2003, we have awarded 110 research grants totaling nearly $23 million. In addition to growing the field of investigators focused on pancreatic cancer, this funding answers important scientific questions and helps foster collaboration across disciplines and institutions. With an office in Washington, D.C., we educate elected officials about pancreatic cancer and the need to increase federal research funding dedicated to studying the disease. Our advocacy efforts have helped to increase funding for pancreatic cancer research from the National Cancer Institute from just over$17 million in 1999 to nearly$105 million in 2012, an$87.5 million increase. piety d Our Patient and Liaison Services (PALS) program connects patients and their families with dedicated, highly trained staff who provide comprehensive information and resources about the disease — including treatment options,clinical trials,and diet — all free of charge.As of 2014, more than 80,000 individuals have been served by the PALS program. C@Mllffiluimfly GdTaach We support volunteers across the country who help raise the national visibility of pancreatic cancer through local events, attendance at health fairs, providing information to hospitals and doctors' offices, contacting the media, and educating elected officials about the need for increased federal research funding. VOLUNTEER. DONATE. MAKE A DIFFERENCE. SYMPTOMS ARE VAGUE&INCONCLUSIVE Learn more at pancan.org or call 877-272-6226. 02014 Pancreatic Cancer Action Network All rights reserved. ORG100 REV-3/14 J� '/�(' PANCREATIC CANCER ACTION NETWORK® ADVANCE RESEARCH.SUPPORT PATIENTS.CREATE HOPE. www.pancan.org 1 877-272-6226 National Cancer Institute (NCI) Annual Funding Top Five Causes of Cancer Death 2003-2012 ' $700 $600 ,, a gg � NO R $500 N ggl N o II E $400 m C 5 $300 7 LL Q_- p' -�m�p� O 3-- O �p pm1 x•00 Qp OCO 1 N N $"NN $2OO i N O ON.N IV N SO/CN INNry 1401 , $100 1 t m i I i ON�N 'O NN I Increased Investment Leads to $0 h." . I Increased Tools and Survival Lung Colon Breast Pancreas Prostate Federal investment in cancer research has produced results, Cancer sites both in terms of the number of new treatments and survival rates. We now need the same type of results Number of Drug Approvals, Including New Indications in pancreatic cancer. The Recalcitrant Cancer Research Act Top Five Causes of Cancer Death is an important step toward our 2003-2012 2 goal to double the survival rate by 14 2020,but it will be very difficult to l leverage the opportunities that could result from the new law C 12 i 2012 unless Congress provides the NCI 2012 adequate funding. a c 10 -- 2010 c 2007 12 2012 2011 2007 2010 2005 2012 c 2008 CL 2008 i 2011 i 4 2005 `o a F2010 3 2 Z 2008 0 2005 , Lung Colon Breast Pancreatic Prostate adenocarcinoma Cancer sites 'Note.Under the American Recovery and Reinvestment Act(ARRA)or 2009,NCI receried supplemental fundng for 2009 and 2010 only The 2010 data has riot been published. Sources:National Cancer Institute Annual Fact Books and NO Funded Research Portfolio http:/llundedresearch.cancer.gov/Accessed May 2013. 2 Sources:Food and Drug AdminisMon www.fda.gov and National Cancer Institute www cancer.gov. Aaessed June 2013 02013 Pancreatic Cancer Action Network All Rights Reserved Pancreatic Cancer Action Network 11500 Rosecrans Ave.Suite 200 1 Manhattan Beach,CA 90266 1 Tel:877-272-6226 1 www pancan.org Government Affairs&Advocacy Office 11050 Connecticut Ave.NW. 10th Floor I Washington,DC 20036 1 Ph:202-742-6699 1 Fx:202-742-6518 JAP� I 1 ' ; VOLUNTEER FOR PROGRESS . Become a Volunteer for Progress in the fight against pancreatic cancer! We have over 60 volunteer affiliates, 20 community representatives and thousands of volunteers across the country who focus on: • Raising pancreatic cancer awareness in their communities • Fundraising and awareness events • Media outreach •Advocacy for increased federal research funding • Outreach to healthcare professionals In just ten minutes a month, you can... •Advocate from your own computer!Visit www.pancan.orgAakeaction to register for action alerts and encourage Congress to increase federal research funding. • Make a donation and challenge your Facebook friends to do the same. • Become a fan of our Facebook page and follow @PanCAN on Twitter. •visit www.purplestride.org and click the"Share" button to raise awareness about events! • Make an event or volunteer recruitment announcement at your place of worship. •Wear a Pancreatic Cancer Action Network pin or wristband. In just 1-2 hours a month, you can... •Ask your employer to.publicize an upcoming event, November Awareness Month or make a volunteer recruitment announcement in the employee newsletter. • Create a Keep the Memory Alive page at www.pancan.org/keepthememoryalive. • Sign up to attend a local PurpleStride fundraising event at www.purplestride.org. • Find a creative way each week to promote the cause on Facebook or Twitter. •Ask a local business to distribute purple ribbon pins. With a little more time... (These are done under the guidance of your local affiliate or community representative.) •Take part in a legislative district meeting and share your story with your member of Congress. • Secure a public proclamation declaring November as Pancreatic Cancer Awareness Month. •Staff an awareness table at a health fair or community event. • Post fliers around town about an upcoming affiliate event. • Serve on an event committee to help with logistics, sponsorships, a entertainment and more! I .. • Create a team of family and friends to participate in an upcoming VCLCUEM PurpleStride event. RP -,012,j Looking for a sustained commitment? • Apply to serve in an official core role position: Affiliate Coordinator, Event Coordinator, Advocacy Coordinator, Media Representative, Education&Outreach Coordinator or Community Representative. Visit www.pancan.org/volunteer or call 1-877-272-6226 to learn more about volunteer opportunities In your area. Together, we will make a difference! Pancreatic Cancer Action Network National Headquarters 11500 Rosecrans Ave.Suite 200 1 Manhattan Beach,CA 90266 1 Tel:877.272.6226 1 www.pancan.org Government&Advocacy Affairs Office 11050 Connecticut Ave.NW,10th Floor I Washington,DC 20036 1 Ph:202.742.6699 1 Fx:202.742.6518 02012 Pancreatic Cancer Action Network.PANCAN•,PURPLESTRIDE®,PURPLERIDE•PURPLEBOWL•and PANCREATIC CANCER ACTION NETWORK®are registered trademarks f 7AN , . r iy h``1a a X3 7 - , Y A a k-r 1 r 4 A f � tla i ,_'mow � *•- �� ,�a. •rt�,�. �(c . �171C� iZ { • F y . �' ter• � ;(�;r � .€• '.''Jc .,�R �`h s� ' 4 ♦ �'• t F t. i i 41 S � ' t ti y t• S 1�5 Fi•"!.�,�A� +�IYS kid{ t ,s -kf�, � � .;a ' r To City Council and Mayor The budget proposal for 2015 stated elimination of the full time auditor position by def ending their part of the buds This is a very misguided of fort to change the will of the voters that passed the City Charter, when provisions were made in an amendment adopted in November of 1983 , and provide for both the committee and an independent City Auditor. This is the will of the people. And our government should not be changing what has been decided by the voters. . This would do away with any transparency when no performance audits are being accomplished. This not only means it would be very di f f icult to do a proper audit with the $48,000 left in the budget for this purpose. No contracted CPA firm is going to be able to do what has been done in the past with such a paltry sum and no staff. There are many good reasons for the auditor to be independent of the city administration and managed by the audit committee: ® With independence the auditor is not subject to review and control by the city administration. ® With independence the auditor, subject to oversight by the audit committee, can examine city activities and functions for performance and accountability - without fear of retaliation ® With independence also comes the ability to provide cooperative assistance to the administration to suggest improvements to processes or procedures. Help has been offered many times to our administration on issues they are concerned about and no requests have been forwarded to the Audit Committee f rom this administration. The City Council has a direct presents on this committee and they help to determine the audits needed to make sure our city departments are performing in a reasonable manner. It is these Council Members that could have the highest amount of influence on what gets done by the audit committee. It is also these same council members that have failed to make sure that the policies of the city council to support this function of the auditor by having weak policies dealing with the findings of our auditor. There are many ways to Cut The Fat f rom this bloated budget. A couple of examples of areas to f i nd some savings are: ®o not allow the: - B&® tax exemption to change to a higher amount this year. - Consider the fact we are building no more parks and can barely maintain the ones we have. we need to look at the Full Time Staff Architect in the parks department position for possible elimination or change to a different department. The expertise and talents this Landscape Architect could be better utilized within our Public Works Design Division. The Public Works is truly lacking in this type of discipline. - Also since the Public Works is in charge of our City Tree Committee we could use this same expertise on our tree Committee. That has been proven over and over by the road designs coming out of Public Works with no knowledgeable plan on how or what trees should be planted in our Urban Landscapes. - Most of the work being accomplished by our Public Works Engineering Division is being done with contractors. It should be considered that we may have too many staff to oversee the few road building projects being designed and implemented by outside contractors. It is time to Cut The Fat and only keep those persons necessary for oversight and contract administration. - I am tired of our city council continuing to suppori tnis bleated workforce instead of supporting the taxpayers they are supposed to represent. Bob Dollar Citizen Taxpayer CITIZENS PLEASE CONTACT YOUR COUNCIL REPRESENTATIVE AND TELL THEM DOING AWAY WIT'H THE AUDITOR IS TOTALLY UNACCEPTABLE. -� horse & COW pub & GrQ 14 A-�ulo . 8 I v 4N6 .... .. ,. Beer air .el Ribbon cutting with the Mayor at 3:30 PM C icken Wing eating contest �, �` ��� forest Ridge Park 4 ` :Stewardship Days i helping restore, ; ��„ update and beautify the trail maintenance, updates, and more 3 RD SATURDAY OF EVERY MONTH PARK ADDRESS 110 Summit Avenue FOREST R PARK Bremerton, WA 98312 STEWARDSHIP , EVENT DATES September 20, 9:00 am group of Bremerton, have taken on creating a Forest October 18, 9:00 am Ridge Group that will prioritize November 15, 9:00 am projects park beautification on a monthly December 20, 9:00 am • The group is requesting donations from local businesses for project supplies and will provide January 17, 9:00 am coffee d pastries owork days. All are February 21, 9:00 am March 21, 9:00 am welcome • participate! V Finduson Apri118, 9:00am May 16, 9:00 am BJuneFace 20, 9:00 am o I • • July 18, 9:00 am BRF.MFRiON August 15, 9:00 am 4 # 4 � City Council President � � GREG WHEELER � � invites you to a � � District 4 � � Neighborhood Meeting 4 � Tuesday, November 18th � � 6:9.00 to 7:30 PM � � . Council President Greg Wheeler and � � Finance Director Cathy Johnson � � .will answer your questions and listen to � � your concerns and comments about � � budget issues facing the � � City of Bremerton � In the basement of � Community of Christ � � @ Memorial Lutheran Church � � Corner of Veneta & 101h � 916 Veneta Ave. (ADA accessible site) Please contact (360) 473-5280for furtherinformation AGENDA BILL v5A CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: November 5, 2014 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 360635 through 361012 and EFT's 14276 through 14335 in the amount of $3,428,334.27. 2) Regular Payroll for the pay period ending October IS, 2014 in the amount of $709,431.51. 3) Retiree Payroll for the pay period ending October 31, 2014 in the amount of $73,238.50. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: © No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Meeting — Study Session Date: N/A October 15, 2014 COUNCIL MEETING Date: November 5, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on October 15, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, October 15, 2014 A weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, October 15, 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 Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. Council Member Mike Sullivan was 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 Leslie Daugs followed by the invocation provided by Pastor Roger Hennigan of the Apostolic Life Tabernacle. MAYOR'S REPORT— On behalf of Mayor Lent... • City Clerk Shannon Corin read the proclamation for November 1, 2014 as "Extra Mile Day" • President Greg Wheeler announced there will be a Dedication Ceremony for"Dr ML King Way' on Friday, October 24 beginning at 5:00 PM at the corner of 7th Street & Pacific Avenue. BPD BRIEFING Police Chief Steve Strachan provided a monthly update on police operations. Questions and comments were made by Runyon, Daugs, and Wheeler... PUBLIC RECOGNITION Dwadria Gordon, Bremerton Teen USA, explained that she was competing in the 2015 Miss Washington Teen USA pageant, and requested that members of the community show their support by casting a vote for her on the "People's Choice" link at www.misswashingtonusa.com. Patricia Drolet, Executive Director of the Kitsap Historical Society & Museum, provided information on the last Speaker Series event on Thursday at 6:00 PM with local quilter and author Nancy Martin; the two remaining "Eat Your Way through Kitsap History" events on Saturday October 18 and 25; and the "Kitsap Stories From 1889" Exhibit Open House on Friday, November 7 from 5:00 to 8:00 PM that will include a reception at 6:00 PM with the Kitsap County Commissioners and County Auditor Walt Washington at the Kitsap Historical Society& Museum located at 280 4th Street. Erich Dewald summarized an Opinion from the United States Court of Appeals that involved a challenge to the constitutionality under the First and Fourteenth Amendments to the US Constitution of a Michigan statute that criminalizes begging. Ron Ragge hoped that the City would consider supporting a proposed casino. President Wheeler responded that the Council would not be discussing this issue during the Council Meeting; that this issue is being reviewed by Mayor Lent, City Attorney, and the Department of Community Development; and referred Mr. Ragge to Roger Lubovich to discuss his questions or concerns. CONSENT AGENDA 6A— Claims & Check Register: Check Numbers 360509 through 360634, and EFT-14245 through EFT-14275 in the amount of$1,857,336.07; Regular Payroll for the pay period ending September 30, 2014 in the amount of$708,080.00; and Regular Payroll (Pay-Outs)for the pay period ending September 30, 2014 in the amount of$14,995.66 City Council Meeting Minutes Wednesday, October 15, 2014 Page 2 of 4 613— Minutes of Meeting —October 1, 2014 6C— Minutes of Study Session —October 8, 2014 6D— Confirm Appointment of Timothy Baker to the Parks and Recreation Commission 6E— Item pulled... 6F— Confirm Appointment of Richard Huddy to the Parks and Recreation Commission 6G — Amendment No. 1 to the Professional Services Agreement for Public Defense Services with Cross, LaCross & Murphy, PLLC 6H— Purchase of Variable Frequency Drives from L2 Systems, LLC for Water Pump Station #17 61— Construction Contract with Stellar J for the Biotower Media Replacement Project There were no questions or comments from the public... 06:08:44 Motion was made by Younger and seconded by Davis; Comments were provided by Runyon and Daugs... 06:10:10 M/S/C/U (Younger/Davis) Move to approve the CONSENT AGENDA as presented. PUBLIC HEARING 7A— FOUASI-JUDICIALI HEARING ON A RESOLUTION NO. 3233 TO RECOVER FEES FOR ABATEMENT COSTS ON THE PROPERTY LOCATED AT 806 CHERRY COURT: Janet Lunceford, Code Enforcement Officer, explained that pursuant to a Kitsap County Superior Court Order, the City hired a contractor to demolish the fire-damaged building located at 806 Cherry Court. The work was completed on or about August 19, 2014. The owner of the property, James Freeman, was notified of the conditions on the property and failed to take action to remedy the unsafe conditions. The cost charged to the revolving abatement fund for this action totaled $10,456.50, which includes administrative fees for dangerous building abatement actions specified in Rate Table C of the Bremerton Municipal Code. The Notice of Hearing was published in the Kitsap Sun on September 27, 2014, was posted on the property and was mailed by both regular and certified mail to the owner. Following a quasi-judicial hearing, the Council must decide if the fees are just and reasonable, and how they should be collected. President Wheeler asked if any Council Member had a conflict with the "Appearance of Fairness" Doctrine; then asked members of the public if any Council Member should be excused due to a conflict. All Council Members remained seated. 06:13:57 Motion was made by Runyon and seconded by Daugs; Questions and comments were provided by Runyon... Responses were provided by Ms. Lunceford... 06:15:32 M/S/C/U (Runyon/Daugs) Move to adopt Resolution No. 3233, ordering that the fees incurred for demolition of the building on the property located at 806 Cherry Court be collected as reasonable abatement costs and become a lien against the property and assessed against the property pursuant to RCW 35.80.030. GENERAL BUSINESS 8A—CONTRACT WITH TRANS, INC. FOR THE WASTEWATER TREATMENT PLANT PHASE II ENERGY EFFICIENCY PROJECT: Pat Coxon, Wastewater Manager, summarized that RCW 39.35A provides a design-build process for constructing energy efficiency projects on public facilities. Pursuant to this process, the Public Works Department completed Phase I and is now working with Trane, Inc., an authorized energy services company, on Phase U. Because the City had already planned to replace the Return Activated Sludge (RAS) Pumps, Aeration Blower No. 4, Biotower Odor City Council Meeting Minutes Wednesday, October 15, 2014 Page 3 of 4 Control Fan and the Headworks Odor Control Fan in the 2015 Capital Improvement Plan (CIP), and because the State is offering a grant program for energy efficiency projects, an opportunity existed to pursue this Phase II Project. Trane and the State have worked with City staff to define the project and develop the financial analysis. At this point, the Phase II project is ready for Council approval. We believe this project is an excellent candidate to receive $272,172 grant in addition to the PSE energy utility incentive of $98,246. We will know about the grant in November 2014. Approval is needed now in order to procure equipment and materials in time to complete construction by September 2015. The projected project payback is 8 years with both grants and 14.5 years without the State grant. There were no questions or comments from the public... 06:17:31 Motion was made by Davis and seconded by Runyon; Questions and comments were provided by Davis and Runyon; with responses provided by Mr. Coxon... 06:21:29 M/S/C/U (Davis/Runyon) Move to approve Amendment No. 2, Interagency Agreement with the Department of Enterprise Services; Energy Authorization Amendment No. 1; Funding Approvals for design and construction; and the Construction Contract for the Wastewater Treatment Plant Phase II Energy Efficiency Project; and authorize the Mayor to finalize and execute these documents with substantially the same terms and conditions as presented. 8B— KITSAP COUNTY HUMAN SERVICES 1/10TH OF 1% OF MENTAL HEALTH, CHEMICAL DEPENDENCY, AND THERAPEUTIC COURTS CONTRACT: Police Chief Steve Strachan explained this funding was to provide training to commissioned personnel in Crisis Intervention and Triage. Training will aid law enforcement in contacting, evaluating, and assisting the large population of mentally ill which consists of all ages and genders. The proposal adds to the training of first responding law enforcement officers to help evaluate, deescalate, and obtain treatment services for subjects having mental and or substance abuse issues in the community. Robert Parker stated that it has been a positive experience to sit on this Board. 06:23:32 Motion was made by Runyon and seconded by Davis, Questions and comments were provided by Runyon, Daugs, and Wheeler, with responses provided by Chief Strachan... 06:27:40 M/S/C/U (Runyon/Davis) Move to approve the contract with Kitsap County Human Services in the amount of $117,000 and authorize the Mayor to finalize and execute the contract with substantially the same terms and conditions as presented upon acceptance of the grant funding. Further move to adjust the budget to recognize the additional revenue from Kitsap County Human Services to reimburse the City's costs for the project for 2014. COUNCIL MEMBER REPORTS Eric Younger apologized to his young son Andy for having him sit through a whole Council Meeting! Roy Runyon thanked the volunteers who stepped up to serve on the Parks & Recreation Commission, and mentioned there are other opportunities for interested citizens to serve. Dino Davis thanked all those citizens who volunteer to make Bremerton a better place; and announced that the monthly Forest Ridge Park Clean-Up will be on Saturday, October 25 at 9:00 AM. Jerry McDonald announced that the Valentinetti Puppet Museum will be featuring "Punch and Pals" on Saturday, October 25 at 2:00 PM in the Olympic College Theater at the corner of 15th & Ohio; and reiterated information on the new exhibit "Kitsap Stories from 1889' opening on Friday, November 7 City Council Meeting Minutes Wednesday, October 15, 2014 Page 4 of 4 from 5:00 to 8:00 PM at the Kitsap Historical Museum at 280 4th Street. Lastly, announced the Downtown Halloween Trick-or-Treat event will be on Friday, October 31 from 5:00 to 8:00 PM. Leslie Daugs announced that the Annual Senior Craft Fair will be held on Friday, October 17 from 10:00 AM to 5:00 PM and on Saturday, October 18 from 9:00 AM to 4:00 PM at the Sheridan Park Community Center; Media Day for the Kitsap Admirals will be on Saturday, October 18 at 5:00 PM at the old Bremerton Junior High (and old East High School); announced that Winter Brewfest fundraiser will be on Saturday, November 1 from Noon to 5:00 PM at the Youth Wellness Campus; also reminded Citizens to vote; wished Legislative Assistant Lori Smith a happy birthday this Saturday; and urged trick-or-treaters to be safe. Greq Wheeler also wished Lori Smith a happy birthday; invited volunteers to the Kiwanis Park' Volunteer Clean-Up event on Saturday, October 18 from 9:00 to 11:00 AM; on behalf of Council Member Sullivan, reminded interested persons of the next Lions Park Beach Clean-Up on Saturday, October 18 at 10:00 AM; and reiterated the dedication of the "Dr MLK Way' would take place on Friday, October 24 at 5:00 PM. President Wheeler announced that following a brief recess, there will be a Special Meeting of the Transportation Benefit District Board. With no further business, President Wheeler adjourned the Council Meeting at 6:37 PM. Prep red and Submitted b : LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Minutes of Study Session — Study Session Date: N/A October 22, 2014 COUNCIL MEETING Date: November 5, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on October 22, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, October 22, 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, October 22, 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 Jerry McDonald and Eric Younger were absent; with Christine Grenier, Council Assistant, 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 November 5, 2014 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED— The following items are budgeted items or have been reviewed by the appropriate Council Committee... 1. [Quasi-Judicial] Hearing on a resolution to recover fees for abatement costs on the property located at 1127 N. Callow Avenue Public Hearing 2. [Quasi-Judicial] Hearing on a resolution to recover fees for abatement costs on the property located at 1129 N. Callow Avenue Public Hearing 3. Confirm Appointment of David Hedger to the Parks & Recreation Commission Consent Agenda 4. Contract Award to Lakeside Industries, Inc. for Paving the Bremerton Senior Center Parking Lot Consent Agenda B. BRIEFINGS & FULL PRESENTATIONS 5. Information Briefing on "Kitsap Countywide Multimodal Transportation Plan - Phase 1 Plan & Policy Report'—Jennifer Barnes, Senior Transportation Engineer, Heffron Transportation, Inc. Information only 6. Grant Agreement with State Department of Commerce for Burwell Pedestrian Tunnel General Business 7. Professional Services Agreement with Fraser + Fogle Architects for Burwell Pedestrian Tunnel Design and Construction Management General Business 8. Ordinance amending Chapter 9A.44 of the Bremerton Municipal Code (BMC) by adding Section 9A.44.105 entitled "Unlawful Solicitation" to prohibit Panhandling near ATM and Bus Stops; and Passing or Receiving Anything (like money) from the Street to the Sidewalk on Major Arterials General Business 9. Proposed public hearing on ordinance amending Chapter 3.78 of the Bremerton Municipal Code (BMC) entitled "Multifamily Property Tax Exemption" regarding Boundaries for the Downtown Regional Center Target Area Public Hearing 10. Proposed public hearing on ordinance amending Chapter 20.12 of the Bremerton Municipal Code (BMC) entitled "Land Division" regarding Phasing, Extensions, and Descriptions of Minor and Major Plat Amendments Public Hearing 11. Proposed public hearing on resolution approving the 2015 Community Development Block Grant (CDBG) and HOME Funding Recommendations for inclusion in the 2015 CDBG/HOME Action Plan Public Hearing City Council Study Session Minutes Wednesday, October 22, 2014 Page 2 of 2 12. Information Briefing on "Planning the Future of Block Grant'— Marie Vila, CDBG/HOME Administrator Information only President Wheeler called a recess from 8:15 to 8:22 PM... C. GENERAL COUNCIL BUSINESS Other General Council Business was also discussed. With no further business, President Wheeler adjourned the Council Study Session at 8:57 PM. Prepared and Submitted by: CHRISTINE GRENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeseeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeoe■ SUBJECT: Minutes of Special Meeting — Study Session Date: N/A October 29, 2014 COUNCIL MEETING Date: November 5, 2014 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Special Meeting on October 29, 2014. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x 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 SPECIAL MEETING MINUTES Wednesday, October 29, 2014 A Special Meeting (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 61h Street, Bremerton, Washington, Wednesday, October 29, 2014, at 4:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Special Meeting was open to the public but there would be no opportunities for input or participation. A Power Point presentation was made and a discussion was held on "City of Bremerton Policy for Use of Social Media"— Roger Lubovich, City Attorney; and Mark Koontz, Assistant City Attorney (Information only...) President Wheeler adjourned the City Council Special Meeting at 5:30 PM. Prepared and Submitted by: l LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL se CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Confirm appointment of David Study Session Date: October 22, 2014 Hedger to the Parks and Recreation COUNCIL MEETING Date: November 5, 2014 Commission Department: Executive Presenter: Mayor Lent Phone: 473-5266 SUMMARY: There is a vacancy on the Parks and Recreation Commission due to the resignation of Jeremiah Wiley. It is recommended the vacancy be filled by David F. Hedger. ATTACHMENTS: David Hedger's application for appointment is available in the Mayor's office. FISCAL IMPACTS (Include Budgeted Amount): No fiscal impacts. STUDY SESSION AGENDA: N No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to confirm the appointment of David Hedger on the Bremerton Parks and Recreation Commission. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 11/02/12 AGENDA BILL 45F CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Contract Award to Lakeside Study Session Date: 10/22/2014 Industries, Inc. for paving the Bremerton COUNCIL MEETING Date: 11/5/2014 Senior Center parking lot. Department: Parks and Recreation Presenter: Jeff Elevado Phone: 473-5752 SUMMARY: The Bremerton Senior Center parking lot has deteriorated with time and needs to be repaved and striped for safety and to gain efficient use of space. Seniors Uncover Money Solutions (SUMS), a support group for the Senior Center has raised private funds to pay for this project and has pledge the money to the Parks and Recreation Donation Fund. Lakeside Industries, Inc. has provided a proposal to complete the work for$48,133.00 (Plus sales tax). ATTACHMENTS: 1) Contract; 2) Proposal; 3) Staff Memorandum FISCAL IMPACTS (Include Budgeted Amount): No fiscal impact. Funds for this project provided by the Seniors Uncover Money Solutions (SUMS). STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve award of the contract for the repaving of the Bremerton Senior Center parking lot; and authorize the Mayor to finalize and execute the agreement with Lakeside Industries, Inc. with substantially the same terms and conditions as presented; and authorize amendment of the Parks and Recreation Donation budget to reflect this project. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation("City"), and Lakeside Industries, Inc. ("Contractor"), 'whose mailing address is P.O. Box 7016, Issaquah, WA 98027. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Provide labor and materials to overlay the parking lot of the Bremerton Senior Center located at 1140 Nipsic Ave., Bremerton WA, 98310 as identified in the Scope of Work and Specifications attached. 2. TIME OF COMPLETION. Contractor shall complete the work within thirty 30 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $48,133.00 plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor 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, PUBLIC WORKS AGREEMENT—Page 1 of 8 (October 8, 2014) (between Citta of'Bremerton and Lakeside Industries.Inc.) incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE ACCEPTANCE OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 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 industrial 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 without notice for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's failure to supply sufficient skilled workers or suitable materials or equipment. B. The Contractor's failure to prosecute the work with such diligence as will ensure its physical completion within the original physical completion time specified in this Agreement and any extensions of time which may have been granted to the Contractor by change order or otherwise. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. F. The Contractor disregards the authority of the City. G. The Contractor performs work which deviates from the Contract, and neglects or refuses to correct rejected work. H. The Contractor's failure to provide continuous competent supervision. PUBLIC WORKS AGREEMENT—Page 2 of 8 (October 8, 2014) (between Citi,of Bremerton and Lakeside Industries.Inc.) I. The Contractor otherwise violates in any material way any provisions or requirements of the contract. If the City terminates this agreement for good cause, the Contractor shall not receive any monies due under this agreement, if any,until the Contract work is completed. 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. 7. CHANGES. The City may issue a written or oral work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor 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 Contractor'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 Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written or oral work change directive from the City or a change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a written work change directive, oral work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Give a signed written notice of protest to the City within one business day; 2. Supplement the written protest within five (5) calendar days with a written statement that provides the following information: a. The date of the Contract'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. PUBLIC WORKS AGREEMENT—Page 3 of 8 (October 8, 201 4) (between Citta of Bremerton and Lakeside Industries,Inc.) e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor 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 Contractor's records needed for evaluating the protest. 3. 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. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor 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 Contractor 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. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor 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 Contractor completely waives any claims for protested work and accepts form the City any written or oral order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor 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 Contractor 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 Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. PUBLIC WORKS AGREEMENT—Page 4 of 8 (October 8, 2014) (between City of Bremerton and Lakeside Industries.Inc.) 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. Contractor 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. 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the Contractor's acceptance of the City's final payment under this contract. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor 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, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor'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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE 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. 11. INSURANCE. The Contractor 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 Contractor, its agents, representatives, employees or subcontractors. PUBLIC WORKS AGREEMENT—Page 5 of 8 (October 8, 3014) (between CitY of'Bremerton and Lakeside Industries.Inc.) Before beginning the work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: A. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and B. Commercial General Liability insurance written on an occurrence basis with limits no, less than $2,000,000 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; explosion, collapse and underground (XCU) if applicable; and employer's liability. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City reserves the right to receive a certified copy of all the required insurance policies. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's 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 Contractor's insurance shall be primary insurance as respects the City, and the City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. If this contract requires work to be performed in or on navigable waters, the Contractor shall provide insurance written on an occurrence basis with limits no less than $2,000,000 combined single limit per occurrence and $2,000,000 aggregate for claims made under the Longshoreman and Harbor Workers Act and the Jones Act. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub-contract hereunder, the Contractor, its sub- contractors, or any person acting on behalf of such Contractor or sub- contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. PUBLIC WORKS AGREEMENT—Page 6 of 8 (October 8, 2014) (between City of Bremerton:and Lakeside Industries.Inc.) B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor 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 Contractor's own risk, and Contractor shall be responsible for any loss of or 'damage to materials, tools, or other articles used or held for use in connection with the work. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect. E. 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 Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, 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 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, 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 on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. 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 representative of the City and Contractor. J. 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 PUBLIC WORKS AGREEMENT—Page 7 of 8 (October 8, 2014) (between City of'Bren:erton and Lakeside Industries. Inc.) affect the validity of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. 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. CONTRACTOR THE CITY OF BREMERTON Print Name: Print Name: Title: Title: DATE DATE Notices to be sent to: Notices to be sent to: CONTRACTOR: CITY OF BREMERTON: Bremerton Parks and Recreation 680 Lebo Blvd. Bremerton, WA 98310 (360)473-5428 (360)473-5882 (facsimile) Attn: Jeff Elevado Jeff.elevado@ci.bremerton.wa.us APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk PUBLIC WORKS AGREEMENT—Page 8 of 8 (October 8, 2014) (between 01Y of Bremerton and Lakeside Industries,Inc.) Li LAKESIDE INDUSTRIES, INC. PROPOSAL/CONTRACT AGREEMENT ACCT./ADMIN.OFFICE: P.O.BOX 7016 ISSAQUAH,WA 98027 (425)313-2600 "AN EQUAL OPPORTUNITY EMPLOYER" Port Angeles Division PO Box 728,Port Anegles,WA 98362 (360)452-7803 fax(360)457-7932 Date: October 6, 2014 CONTRACTING PARTY •- M Attention: Jeff Elevado LOCATION 8 TYPE OF WORK: City of Bremerton Parks&Recreation Bremerton Senior Center Parking Lot Project Approximate Unit of Bid Item Quantity Measure Description Unit Price Total Price Mobilization Lump sum $ 3,870.00 Demo Parking lot approx. 13,200 sq. ft. and haul apshalt off site. Fine grade existing sub rade and compact. Lump sum $ 11,026.00 Furnish and place 3" commercial HMA and compact. Lump sum $ 30,987.00 Restripe parking stalls - install approx. 100' of exstruded curbing, place curbing along walkway off of Nipsic& area infront of building to drain water to catch basin. Reinstall wheel stops. Lump sum $ 2,250.00 APPROXIMATE TOTAL (Plus sales tax where applicable) $ 48,133.00 Total price to be based on actual quantity or measurement unless otherwise specified. Exclusions: Notes: Lakeside's proposed prices herein assume that Lakeside's work hereunder will be substantially complete on or before: Unless Contracting Party has signed and returned this Agreement within thirty(30)calendar days of the date first stated above, Lakeside's proposal shall be null and void. CONTRACTING PARTY'S SIGNATURE ON ONE COPY RETURNED TO LAKESIDE INDUSTRIES, INC.WILL RENDER THIS A LEGAL CONTRACT FOR THE PERFORMANCE OF THE ABOVE WORK. CONTRACTING PARTY'S SIGNATURE ALSO ACKNOWLEDGES RECEIPT OF LAKESIDE's'NOTICE TO CUSTOMER'STATEMENT ATTACHED HERETO. APPROVED BY CONTRACTING PARTY: LAKESIDE INDUSTRIES,INC. WA.CONTRACTOR'S REG.LAKESI*274JD OR.CCB� '�#108542�j BY: BY: ? TITLE: TITLE: Project Manager SUBJECT TO THE ATTACHED GENERAL PROVISIONS LI CONT 08.06.27 1 of 3 General Provisions hazardous substance, Contractor shall immediately notify Contracting Party 1. DEFINITIONS. As used herein, (i) "Contractor" shall mean Lakeside and shall cease work in whole or in part and any delays (and costs arising therefrom)shall be Contracting Party's responsibility. Industries, Inc.or any division thereof; (ii)"Contracting Party"shall mean the person or entity purchasing materials and/or services as set forth on the front 12. TERMINATION FOR CAUSE. Contractor has the right to terminate this page hereof and pursuant to these General Provisions; and(iii)"Agreement" Agreement if Contracting Party fails to comply with any of the other provisions shall mean the contract formed between Contractor and Contracting Party by herein; provided, further, Contractor may terminate this Agreement in the Contracting Party's acceptance of those terms and conditions set forth on the event of the happening of any of the following: (a)insolvency of Contracting front page hereof and these General Provisions and/or materials and/or Party or Contractor; (b)any act of bankruptcy by Contracting Party under any services provided to Contracting Party by Contractor. provision of the Federal Bankruptcy Act or filing by Contracting Party of a 2. ACCEPTANCE. Unless Contracting Party has signed and returned this voluntary petition under any law providing for relief from the claims of creditors; (c) the filing of an involuntary petition to have Contracting Party Agreement to Contractor within thirty (30) calendar days of the date first adjudicated as bankrupt under the Federal Bankruptcy Act or for stated on the front page hereof, Contractor's proposal shall be null and void. reorganization of Contracting Party under that Act or under any law providing Contractor hereby objects to any conflicting, additional and/or different terms for relief from the claims of creditors which is not vacated within thirty (30) contained in any proposal or other writing issued by Contracting Party for days from the date of such filing;(d)the appointment of a receiver or trustee purposes of accepting the proposal set forth herein and the same shall not for Contracting Party or Contractor which is not vacated within thirty(30)days become a part of this Agreement unless agreed upon in writing by Contractor from the date of such appointment; (e)the execution by Contracting Party or and Contracting Party. Contractor of an assignment for the benefit of creditors;or(f)any other event 3. COST ESCALATION FOR ASPHALT. Contractor's proposal herein is occurring which under the applicable law would entitle Contractor to cancel based upon local vendor posted prices for liquid asphalt as of the date of and terminate this Agreement. Such termination shall not prejudice any Contractors proposal. In the event the actual prices exceed such posted claims that either party may have against the other. prices, the Contract Price shall be equitably adjusted by change order to 13. INDEMNITY. To the fullest extent permitted by law, Contractor shall reflect such increase. Contractor reserves the right to terminate this indemnify and hold harmless Contracting Party from and against claims, Agreement if an equitable adjustment cannot be agreed upon by Contracting damages, losses and expenses, including but not limited to attorneys' fees, Party and Contractor. Payment for any such adjustment shall be made in arising out of or resulting from performance of the work hereunder, provided accordance with the terms and conditions of this Agreement. that such claim, damage, loss or expense is attributable to bodily injury, 4. CREDIT VERIFICATION. This Agreement is subject to Contractor's sickness, disease or death, or to injury to or destruction of tangible property, verification of Contracting Party's credit and Contractor's determination that including loss of use resulting therefrom, but only to the extent caused by such credit is adequate or satisfactory to Contractor. Contractor reserves the negligent acts or omissions of Contractor,a subcontractor,anyone directly or right to withdraw its proposal should Contractor reasonably determine that indirectly employed by them or anyone for whose acts they may be liable. such credit verification is unsatisfactory or inadequate. Contracting Party shall indemnify and hold harmless Contractor from and 5. TERMS OF PAYMENT. Unless otherwise provided for herein, payment against claims, damages, losses and expenses, including but not limited to shall be due to Contractor within ten (10) days of the date of any invoice attorneys' fees, to the extent caused by negligent acts or omissions of issued by Contractor to Contracting Party. Interest shall accrue on all overdue Contracting Party,or anyone directly or indirectly employed by it or anyone for invoices at the rate of 1-1/2% per month (18.00% per annum)or the highest whose acts it may be liable. rate allowed by law. 14. WARRANTIES. Contractor warrants and guarantees all work and/or 6. SCHEDULE. This Agreement is subject to Contractor's review and materials provided under this Agreement shall be of good quality and approval of Contracting Party's schedule. Contracting Party shall coordinate workmanship, free from faults and defects and in conformance with this other contractors' and subcontractors' work to prevent any delay or Agreement. Contractor further agrees to make good,at its own expense,any interference with Contractors work. defect in materials or workmanship which may appear within one (1)year of Contractor's substantial completion of its work hereunder. Except as 7. CHANGES. Contracting Party, without invalidating the Agreement, may ootherwise provided herein,Contractor makes no warranties or representations order changes in the scope of the work provided for by this Agreement,with the cost of the work and the time to complete such work being adjusted of any kind, express or implied (including no warranty of merchantability or accordingly. Such changes in the work shall be authorized only by written fitness fora particular purpose)and none shall a implied by law. Contracting change order signed by Contracting Party and Contractor. Party agrees that oral agreements, statements and representations made by Contractor, its employees or its agents shall not constitute a warranty of any 8. PROPERTY LINES. Contracting Party warrants that Contracting Party kind. knows the actual location of all legal property lines and that Contracting Party, 15. TIME LIMITATION ON CLAIMS. Any action arising out of Contracting prior to commencement of work hereunder, shall place stakes clearly Party's purchase of materials or Contractor's provision of services to indicating such property lines. Contracting Party, including any action arising under this Agreement,must be 9. PERMITS. Any permits that must be secured prior to commencement of commenced within one (1) year after substantial completion of Contractor's the work hereunder shall be secured and paid for by Contracting Party. work hereunder, and no such action may be maintained which is not 10. DELAYS. If Contractor is delayed at any time in the commencement or commenced within such one-year period. progress of the work by any act or neglect of Contracting Party, or by any 16. LIMITATION OF LIABILITY. Contractor's sole liability and Contracting employee or agent of Contracting Party, or by any separate contractor Party's sole and exclusive remedy for any and all damages, special, direct, employed by Contracting Party, or by changes ordered in the work by incidental or consequential,sustained by Contracting Party or others arising of Contracting Party, or by labor disputes, fire, abnormal adverse weather Contractor's performance of this Agreement shall be limited to correcting conditions, force majeure, unusual delay in transportation, fuel, material, or defective work. In no event shall Contractor be liable to Contracting Party or labor shortages or unavailability, action or inaction of public authorities not any third party for more than the amount of Contractor's proposal,or for any arising out of the fault of Contractor, casualties or any other causes beyond delay damages. Contractor's reasonable control,then the Contract Time shall be extended by Under no circumstances shall Contractor be liable for (i) damage to or change order for a period of time reasonably necessary to alleviate the effect breakage of underground pipes and/or conduits and cables not visible from of such events on Contractor. Delays beyond Contractor's reasonable control the surface of the ground nor for any damage to approaches (including shall be compensable to Contractor and such equitable adjustment of the sidewalks)from the street to the property line; (ii) damage to the completed Contract Price shall be made by change order. Contractor reserves the right pavement surface due to the action of petroleum product spillage; (iii) to terminate this Agreement if an equitable adjustment cannot be agreed upon subgrade failure or utility ditch failure; or (iv) growth of horsetail weed, by Contracting Party and Contractor. Payment for any such adjustment shall morning glory, deep-rooted ferns or perennials subsequent to the application be made in accordance with the terms and conditions of this Agreement. of soil sterilization (weed killer)that have not reached maturity prior to such 11. HAZARDOUS SUBSTANCES. Contracting Party agrees to indemnify, application. Any sod sterilization provided for in this Agreement shall be defend and hold harmless Contractor and its employees and subcontractors applied at the rate specified by the manufacturer thereof. from liability related to the existence of hazardous substances at the project 17. DISPUTE RESOLUTIONIATTORNEYS' FEES. Contracting Party and site, unless such liability results directly from hazardous substances brought Contractor agree that all claims, collections, disputes, or other controversies on to the project site by Contractor or its subcontractors or arises out of the arising under this Agreement or related hereto,shall be settled by and subject negligence or wrongful act of Contractor or its subcontractors. If Contractor to litigation, or at the sole choice of the contractor, binding arbitration with a encounters a substance on the project site which Contractor believes is a LI CONT 08.06.27 2 of 3 single arbitrator pursuant to the Construction Industry Arbitration Rules of the full opportunity to consult with legal counsel regarding its meaning and effect, American Arbitration Association ("AAA"). Any such arbitration shall be and is entering into this Agreement freely and voluntarily, through a commenced by the Contractor delivering a written demand for arbitration to representative who is fully authorized and empowered to sign on its behalf. the AAA, and a copy of such demand shall be delivered to the Contracting 21. ENTIRE AGREEMENT. Contracting Party and Contractor intend that the Party. Contracting Party and Contractor agree that the location of any such proposal and those terms and conditions on the front page hereof and these arbitration proceeding shall be at the Seattle, Washington AAA office. Any General Provisions shall constitute the final, complete and exclusive arbitration award by the arbitrator shall be final and binding on the parties and Agreement between the parties. This Agreement supersedes all other prior or subject to confirmation and reduction to judgment pursuant to RCW 7.04 in contemporaneous agreements, representations, understandings and the King County Superior Court. In any such litigation or arbitration, the promises, oral and/or written, by or between the parties with respect to the prevailing party shall be entitled to its reasonable attorneys'fees and costs. subject matter hereof. Contracting Party further acknowledges and agrees 18. GOVERNING LAW. This Agreement shall be governed by and construed that in entering into this Agreement, Contracting Party has not and is not in accordance with the laws of the State of Washington. relying upon any contemporaneous agreements, representations, 19. SEVERABILITY. In the event that any paragraph,part,term,or condition understandings and promises, oral and/or written, made by Contractor. No of this Agreement is construed or held to be void,invalid or unenforceable by course of dealings between the parties shall be relevant or admissible to an arbitrator or court of competent jurisdiction, the remaining paragraphs, explain, supplement or vary the terms of this Agreement. No amendment or parts,terms and conditions of this Agreement shall not be affected and shall modification of this Agreement shall be effective or binding upon the parties remain in full force and effect. unless made in writing and executed by Contracting Party and Contractor. 20. VOLUNTARY CONTRACT. Each of the parties to this Agreement has carefully read and fully understands the terms and conditions hereof,has had State of Washington NOTICE TO CUSTOMER(RCW 18.27.114) Lakeside Industries, Inc. is registered with the State of Washington, Registration No. LAKESI*274JD, and has posted with the state a bond or deposit of $12,000 for the purpose of satisfying claims against Lakeside Industries for breach of contract including negligent or improper work in the conduct of Lakeside Industries' business. The expiration date of Lakeside Industries' registration is July 31 st. THIS BOND OR DEPOSIT MIGHT NOT BE SUFFICIENT TO COVER A CLAIM THAT MIGHT ARISE FROM THE WORK DONE UNDER YOUR CONTRACT. This bond or deposit is not for your exclusive use because it covers all work performed by Lakeside Industries. The bond or deposit is intended to pay valid claims up to $12,000 that you and other customers, suppliers, subcontractors, or taxing authorities may have. FOR GREATER PROTECTION YOU MAY WITHHOLD A PERCENTAGE OF YOUR CONTRACT. You may withhold a contractually defined percentage of your construction contract as retainage for a stated period of time to provide protection to you and help insure that your project will be completed as required by your contract. YOUR PROPERTY MAY BE LIENED. If a supplier of materials used in your construction project or an employee or subcontractor of Lakeside Industries, Inc. or its subcontractors is not paid, your property may be liened to force payment and you could pay twice for the same work. FOR ADDITONAL PROTECTION, YOU MAY REQUEST LAKESIDE INDUSTRIES, INC. TO PROVIDE YOU WITH ORIGINAL "LIEN RELEASE" DOCUMENTS FROM EACH SUPPLIER OR SUBCONTRACTOR ON YOUR PROJECT. Lakeside Industries, Inc. is required to provide you with further information about lien release documents if you request it. General information is also available from the state Department of Labor and Industries. LI CONT 08.06.27 3 of 3 BREMERTON PARKS & RECREATION DEPARTMENT 680 LEBO BLVD., BREMERTON, WA 98310 360.473.5305 MEMORANDUM October 16, 2014 TO: City Council FROM: Wyn Birkenthal, Parks and Recreation Director, Jeff Elevado Recreation Manager SUBJECT: Bremerton Senior Center Parking Lot Repair Contract Award The City of Bremerton Parks and Recreation Department proposes to enter into a contract with Lakeside Industries, Inc. to repair subgrade, repave and restripe the Bremerton Senior Center parking lot. The 33 car lot has deteriorated to the point where the surface is wavy owing to a failing subgrade and portions of the asphalt'are"alligatored". Seniors Uncover Money Solutions (SUMS), a non-profit organization comprised of Bremerton Senior Center members and supporters has raised the funding needed to complete the paving project and has agreed to donate the entire cost of the project to the City. On September 22, 2014 a request for parking lot repair bids was sent to over 100 contractors listed on the Municipal Research Services Corporation (MRSC) Small Public Works Roster. The Parks and Recreation Department received five bids from interested contractors. Staff reviewed the proposals and determined Lakeside Industries, Inc. responded with the best bid and most appropriate scope for the parking lot repairs. Lakeside's proposal includes complete removal of the existing parking lot asphalt surface, repair of subgrade, and placement of 3" layer of new asphalt. The other proposals specified an overlay of 1.5" on top of existing pavement, or a 1.5"overlay with the existing asphalt removed only in locations where it had visibly failed. Complete removal of the existing asphalt surface, leveling of the lot's subgrade and repaving with a 3"thick layer of asphalt is the best option to address the uneven parking lot surface and achieve longevity for the repair. Pursuant to BMC 2.76.030, "Best bid"shall mean a bid that is the best value to and in the best interest of the City when considering items such as price, available discounts, the product or service purchased including any alterations of modifications thereto, shipping, time of delivery, warranty and other terms of purchase, and any other factors relevant to the purchase. Best bid does not need to be defined by sole criteria of lowest price. Parks and Recreation staff consulted with the SUMS organization's president and treasurer, Pat Ward and Al Butler respectively, and both concur with Parks staff that with all factors considered Lakeside's bid presents the best value. The bid process and award recommendation was reviewed by the City Attorney prior to placement on your October 22, 2014 meeting agenda. e�V.c oi li.. x: 4 i :.....k' ..:�::: ,�p, :r 4 aY•' 5 a: Xi. ••tt NW. .. .:p.:!',164V:';:'::' AW P. OIL •.,t, I 1-' , • is :'r .�',: �,+ — ��::yi #'��6{:Kae •pr .,� :.!•, w : ;esu• Rx: - l i;„"Y'+�'� '''':•.f';�,, •llr. r: ' .. :... .�.. �, .... :.�.a�:���:.Rl�.,::.awry!Er':;�!"5•,;:'kY:tsr:".".i"d?<�, � ��'ff� ..:��-+ . ....... 1� : . C: F'a ,,k. ,Pi' '.J��•�':::. .. .: .. '.::. .., :. a .. . . .. y.; •:!.:.:..� • r r xxy E .,... .i: .. m�. AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Grant Agreement with State Study Session Date: October 22, 2014 Department of Commerce for Burwell COUNCIL MEETING Date: November 5, 2014 Pedestrian Tunnel Department: PW&U Presenter: Knuckey Phone: 473-2376 SUMMARY: In July 2013, the State of Washington awarded a $1,300,000 Department of Commerce grant to the City to reconstruct the Burwell Pedestrian Tunnel. The tunnel provides pedestrian access under Burwell Street between the Navy's controlled industrial area and a Navy owned property at the intersection of Park Avenue and Burwell Street. The project purpose is to'improve safety and security, while simultaneously improving the overall aesthetic look and feel of the secure access visible from City streets and businesses. Expenditures will begin immediately resulting in a need to increase the 2014 General Fund Engineering Budget by $100,000. The grant does not require matching funds; all project costs will be grant funded. ATTACHMENTS: 1) Council Summary; 2) Grant Agreement FISCAL IMPACTS (Include Budgeted Amount): The Commerce grant provides reimbursement of all project costs with no match required. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Commerce Grant Agreement, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented; and move to increase the 2014 Engineering General Fund Revenue and Expenditure budgets by$100,000 for 2014 activity. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 GRANT AGREEMENT WITH STATE DEPARTMENT OF COMMERCE FOR BURWELL PEDESTRIAN TUNNEL COUNCIL SUMMARY Background Navy Archive records from 1912 show plans for the Burwell Pedestrian Tunnel. The tunnel was constructed in support of World War 1 housing programs(construction of the Craven Center), and has provided safe access between the City and the shipyard for approximately 100-years. The tunnel facility includes a stairwell descending from street level just west of the intersection of Park Avenue and Burwell Street,a 90-ft long concrete tunnel crossing under Burwell Street,and the south entrance to the Controlled Industrial Area (CIA)of the shipyard. Users of the tunnel access the facility via secure turnstiles adjacent to the sidewalk on Burwell Street. This configuration led to safety and security concerns on the part of the Navy;these concerns became more pronounced with the construction of the ferry tunnel which increased traffic on Burwell Street. To address these concerns,the Navy designed a reconfiguration of the north portal where tunnel users are discharged onto a plaza-like area facing east on Park Avenue across from Jimmy Johns restaurant; attached are photographs and renderings of the north portal that compare the current configuration with the new construction. Along with the reconfiguration of the north portal,the Navy's design includes upgrades to the tunnel itself as well as upgrades to the south portal. When federal funding to construct the tunnel improvements became uncertain,the State included funds in the 2013 budget under the Jobs and Economic Development program;the funds were granted to the City in acknowledgement of the joint benefit of the project. Fiscal Summary The grant amount is$1,300,000; however, 3%($39,000) is with-held by Commerce for administration, therefore total funds available are$1,261,000. The grant reimburses project costs at 100%; no matching funds are required. As the City will not own the improvements, the work will not be capitalized; therefore both the project costs, and grant revenue will be incurred in the Engineering General Fund budget. 2014 projected expenditures are less than$100,000 for project design,with the remainder in 2015. Pedestrian Tunnel Access, Existing Access AN Pedestrian Tunnel Access, 100% Concept Drawing —Final Configuration will be Similar M- Pedestrian TunnelAccess, • Access �y 1 �•� f 'I, _ Pedestrian Tunnel Access, 100% Concept Drawing— Final Configuration will be Similar 1 ' r F'�I ilf n►J- �'� � i i f Washington State Department of Commerce 1011 Plum St P.O.Box 42525 Olympia,WA 98504-2525 Direct Appropriations Agreement between: City of Bremerton and Washington State Department of Commerce For: Project Name: City of Bremerton Puget Sound Naval Safety Project Contract Number: CD14-965-191 Project Type: Com Direct Execution/Start Date: Date of Contract Execution Department of Commerce Innovation is in our nature. DECLARATIONS CLIENT INFORMATION _ ....... _ .. .... .._-... ..-_-_-._.-- Legal Name: City of Bremerton Contract Number: CD14-965-191 State Wide Vendor Number: 0000221-00 PROJECT INFORMATION Project Title: City of Bremerton Puget Sound Naval Safety Project Project City: Bremerton Project State: Washington Project Zip Code: 98337 CONTRACT INFORMATION Grant Amount: $1,261,000.00 Appropriation Number: ESSB 5035, 2013 Contract End Date: 12/31/2015(subject to reappropriation) Biennium: 2013 -2015 Biennium Close Date: 6/30/2015 Earliest Date for Construction Reimbursement: 7/1/2010 --- -._. ._................._....._.-_-.._....-.................... -------- -.........._._..—.._.._.........- - --..._..__.. SPECIAL TERMS AND CONDITIONS GOVERNING THIS AGREEMENT 1.15 A special condition to this clause is included in the SPECIAL CONDITIONS section of this contract: Intended use of improvements in lieu of the ownership lease provision. The parties of the local Intergovernmental Agreement agree that they intend at the time of entering into this agreement to maintain the improvement as a pedestrian walkway for a period of ten years. Any changes in use deemed necessary will be authorized by the US Secretary of Defense, and documentation to this affect will be provided to Commerce. City of Bremerton Page i CD14-965-191 10/13/2014 Direct-Appropriation Contract TABLE OF CONTENTS CONTRACT FACE SHEET....................................................................................................... 1 CONTRACT TERMS AND CONDITIONS................................................................................. 3 Part 1. SPECIAL TERMS AND CONDITIONS........................................................................3 1.1. DEFINITIONS............................................................................................................3 1.2. AUTHORITY..............................................................................................................3 1.3. PURPOSE.................................................................................................................3 1.4. ORDER OF PRECEDENCE......................................................................................3 1.5. GRANT AMOUNT......................................................................................................3 1.6. CERTIFICATION OF FUNDS....................................................................................4 1.7. MODIFICATION TO THE PROJECT COSTS...........................................................4 1.8. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT..........................4 1.9. BILLING PROCEDURES AND PAYMENT...............................................................5 1.10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT ..............5 1.11. REPORTS..................................................................................................................6 1.12. EVALUATION AND MONITORING...........................................................................6 1.13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES................................................6 1.14. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY6 1.15. CHANGE OF USE FOR LEASED PROPERTY........................................................7 1.16. HISTORICAL AND CULTURAL ARTIFACTS...........................................................7 1.17. SIGNAGE, MARKERS, AND PUBLICATIONS.........................................................8 1.18. PREVAILING WAGE LAW........................................................................................8 1.19. INSURANCE..............................................................................................................8 1.20. RECAPTURE PROVISION......................................................................................10 1.21. REDUCTION IN FUNDS.........................................................................................10 1.22. REAPPROPRIATION..............................................................................................10 Part 2. GENERAL TERMS AND CONDITIONS....................................................................11 2.1. DEFINITIONS..........................................................................................................11 2.2. ALLOWABLE COSTS..............................................................................................11 2.3. ALL WRITINGS CONTAINED HEREIN ..................................................................11 2.4. AMENDMENTS.......................................................................................................11 2.5. AMERICANS WITH DISABILITIES ACT (ADA)OF 1990, PUBLIC LAW 101-336, also referred to as the"ADA"28 CFR Part 35.........................................................11 2.6. APPROVAL..............................................................................................................11 2.7. ASSIGNMENT.........................................................................................................12 2.8. ATTORNEY'S FEES................................................................................................12 2.9. AUDIT......................................................................................................................12 2.10. CODE REQUIREMENTS........................................................................................13 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION ..................................13 2.12. CONFORMANCE....................................................................................................14 2.13. COPYRIGHT PROVISIONS....................................................................................14 2.14. DISALLOWED COSTS............................................................................................14 2.15. DISPUTES...............................................................................................................14 2.16. DUPLICATE PAYMENT..........................................................................................15 2.17. ETHICS/CONFLICTS OF INTEREST.....................................................................15 2.18. GOVERNING LAW AND VENUE............................................................................15 City of Bremerton Page ii CD14-965-191 10/13/2014 Direct-Appropriation Contract 2.19. INDEMNIFICATION.................................................................................................15 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR...........................................16 2.21. INDUSTRIAL INSURANCE COVERAGE................................................................16 2.22. LAWS.......................................................................................................................16 2.23. LICENSING, ACCREDITATION AND REGISTRATION.........................................16 2.24. LIMITATION OF AUTHORITY.................................................................................17 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION .......................................17 2.26. NONCOMPLIANCE WITH NONDISCRIMINATION LAWS ....................................17 2.27. POLITICAL ACTIVITIES..........................................................................................17 2.28. PREVAILING WAGE LAWS....................................................................................17 2.29. Prohibition Against Payment of Bonus or Commission...........................................17 2.30. PUBLICITY..............................................................................................................17 2.31. RECAPTURE...........................................................................................................18 2.32. RECORDS MAINTENANCE....................................................................................18 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE.........................................18 2.34. RIGHT OF INSPECTION.........................................................................................18 2.35. SAVINGS.................................................................................................................18 2.36. SEVERABILITY.......................................................................................................18 2.37. SUBCONTRACTING...............................................................................................19 2.38. SURVIVAL...............................................................................................................19 2.39. TAXES.....................................................................................................................19 2.40. TERMINATION FOR CAUSE/SUSPENSION.......................................................19 2.41. TERMINATION FOR CONVENIENCE....................................................................20 2.42. TERMINATION PROCEDURES..............................................................................20 2.43. WAIVER...................................................................................................................20 ATTACHMENT I: PROJECT SCOPE OF WORK ........................................................ 21 ATTACHMENT II: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES ............................................................................................ 23 ATTACHMENT III: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS (if applicable) ....................................................................................................... 25 ATTACHMENT IV: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THEPROJECT ..................................................................................................... 27 City of Bremerton Page iii CD14-965-191 10/13/2014 Direct-Appropriation Contract CONTRACT FACE SHEET Contract Number: CD14-965-191 Washington State Department of Commerce DIRECT-APPROPRIATION GRANTS 1. Contractor 2. Contractor Doing Business As (optional) City of Bremerton N/A 3027 Olympus Drive Bremerton,WA 98337 3. Contractor Representative 4. Commerce Representative 5. Contract Amount 6. Funding Source 7. Contract Start Date 8. Contract End Date Federal: ❑ State: 0 Other: ❑ Contract Execution 12/31/2015(provided funds are re- $1,261,000.00 N/A: ❑ Date appropriated into the next biennium) 9. Federal Funds(as applicable) Federal Agency CFDA Number N/A N/A N/A 10.Tax ID# 11. SWV# 12. UBI# 13. DUNS# 916001231 SWV0000221 14. Contract Purpose COMMERCE and the Contractor have entered into this Contract to undertake a legislatively-approved project that furthers the goals and objectives of Washington State Direct Appropriations Program. The Washington State Dept.of Commerce (COMMERCE), and Contractor acknowledge and accept the terms of this Contract and attachments and have executed this Contract on the date below to start as of the date and year last written below.The rights and obligations of both parties to this Contract are governed by this Contract and the following other documents incorporated by reference: Contract Terms and Conditions including ATTACHMENT I: PROJECT SCOPE OF WORK;ATTACHMENT II: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES; ATTACHMENT III: CERTIFICATION OF INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED)CERTIFICATION PROCESS (if applicable);ATTACHMENT IV: CERTIFICATION OF AVAILABILITY OF FUNDS TO COMPLETE PROJECT. FOR THE CONTRACTOR FOR THE DEPT. OF COMMERCE Kendee Yamaguchi, Assistant Director Signature Date Print Name APPROVED AS TO FORM ONLY Title Signature on File Kathryn Wyatt Date Assistant Attorney General City of Bremerton Page 1 Contract Face Sheet CD14-965-191 10/13/2014 City of Bremerton Face Sheet CD14-965-191 10/13/2014 CONTRACT TERMS AND CONDITIONS Washington State Department of Commerce DIRECT-APPROPRIATION GRANTS Part 1. SPECIAL TERMS AND CONDITIONS 1.1. DEFINITIONS As used throughout this Washington State Capital Budget Direct-Appropriation Contract the following terms shall have the meaning set forth below: A. "Contract'shall mean this Washington State Capital Budget Direct-Appropriation Contract. B. "Contractor" shall mean the local government identified on the Contract Face Sheet performing service(s) under this Contract and who is a Party to the Contract, and shall include all employees and agents of the Contractor. C. "Commerce" shall mean the Washington State Department Of Commerce, and who is a Party to the Contract. D. "Declarations" and "Declared" shall refer to the project information, grant terms and conditions as stated on the Declarations Page of this Grant Contract, displayed within the contract in THIS STYLE for easier identification. 1.2. AUTHORITY Acting under the authority of Chapter 43.330.050(5)RCW, Commerce has awarded the Contractor a contract for a legislatively-approved project pursuant to the legislative APPROPRIATION NUMBER and BIENNIUM as shown on the Declarations Page. 1.3. PURPOSE Commerce and the Contractor have entered into this Contract to undertake a legislatively-approved project that furthers the goals and objectives of Washington State. The project will be undertaken by the Contractor and will include the activities described in Attachment I: SCOPE OF WORK. The project must be undertaken in accordance with the grant terms and conditions, and all applicable federal, state and local laws and ordinances, which by this reference are incorporated into this Contract as though set forth fully herein. 1.4. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: A. Applicable federal and state of Washington statutes and regulations. B. Special Terms and Conditions including attachments. C. General Terms and Conditions. 1.5. GRANT AMOUNT Commerce shall pay an amount not to exceed the awarded GRANT AMOUNT as shown on the attached Declarations Page for the eligible costs necessary for or incidental to the performance of work as set forth in the described in Attachment I: SCOPE OF WORK. City of Bremerton Page 3 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract 1.6. CERTIFICATION OF FUNDS A.The release of state funds under this Contract is contingent upon the Contractor certifying that it has expended or has access to funds from other sources as set forth in ATTACHMENT IV: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT to complete all the project activities identified in ATTACHMENT I: PROJECT SCOPE OF WORK. Such sources may consist of a combination of any of the following: i. Loans or grants. ii. Eligible project expenditures prior to the execution of this Contract. iii. Cash dedicated to the project. iv. Funds available through a letter of credit or other binding loan commitment(s). V. Pledges from foundations or corporations. vi. Pledges from individual donors. vii. The value of real property when acquired solely for the purposes of this project, as established and evidenced by a current market value appraisal performed by a licensed, professional real estate appraiser, or a current property tax statement. Commerce will not consider appraisals for prospective values of such property for the purposes of calculating the amount of matching fund credit. viii. In-kind contributions, subject to the Commerce's approval. B. The Contractor shall maintain records sufficient to evidence that it has access to or has expended funds from such sources, and shall make such records available for Commerce's review upon reasonable request 1.7. MODIFICATION TO THE PROJECT COSTS This section has been deleted but title retained for document continuity. 1.8. PROJECT EXPENDITURES ELIGIBLE FOR REIMBURSEMENT Payments to the Contractor shall be made on a reimbursement basis only. For the purposes of this Contract, eligible costs shall be construed to mean costs incurred and paid, or costs incurred and payable within thirty (30) days. Only costs incurred on or after the EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT as shown in the Declarations, are eligible for reimbursement under this Contract. The Contractor may be reimbursed for eligible costs related to the activities identified in Attachment I: SCOPE OF WORK. A. Real property and costs directly associated with such purchase, when purchased or acquired solely for the purposes of the project; B. Design, engineering, architectural, and planning; C. Archaeological/historical review; D. Construction management and construction observation (from external sources only); E. Construction costs including, but not limited to, the following: i. Site preparation and improvements; ii. Permits and fees; iii. Labor and materials; iv. Taxes on project goods and services; v. Capitalized equipment; vi. Information technology infrastructure; and vii. Landscaping. F. Insurance premiums as required in Section 1.19; G. Other costs authorized through the legislation. City of Bremerton Page 4 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropnation Contract 1.9. BILLING PROCEDURES AND PAYMENT Commerce shall reimburse the Contractor for eligible project expenditures up to the maximum payable under this Contract. When requesting reimbursement for costs incurred or expenditures made, the Contractor shall submit a signed and completed Invoice Voucher (Form A-19), referencing the Attachment I: SCOPE OF WORK project activity performed, and any appropriate documentation. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. Each Invoice Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. Commerce will not release payment for any reimbursement request received until the Project Status Report is received. After approving the Invoice Voucher and Project Status Report, Commerce shall promptly remit a warrant to the Contractor. The final Invoice Voucher payment shall not occur prior to the completion of all project activities as identified in Attachment I: SCOPE OF WORK.A sum not to exceed ten percent(10%)of the grant amount will be retained until all project activities are complete and a Certified Project Completion Report is completed and submitted by the Contractor, per Section 1.10. The Contractor shall submit all Invoice Vouchers and any required documentation to: Contracts Administration Unit Department of Commerce PO Box 42525 Olympia,WA 98504-2525 Commerce will pay the Contractor upon acceptance of services provided and receipt of properly completed invoices, which shall be submitted to Commerce not more often than monthly. Payment shall be considered timely if made by Commerce within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. Commerce may, in its sole discretion, terminate the Contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this Contract. No payments in advance or in anticipation of services or supplies to be provided under this Contract shall be made by Commerce. Duplication of Billed Costs. The Contractor shall not bill Commerce for services performed under this Contract, and Commerce shall not pay the Contractor, if the Contractor is entitled to payment or has been or will be paid by any other source, including grants,for that service. Disallowed Costs. The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its subcontractors. 1.10. CERTIFIED PROJECT COMPLETION REPORT AND FINAL PAYMENT The Contractor shall complete a Certified Project Completion Report when activities identified in Attachment 1: SCOPE OF WORK are complete. The Contractor shall provide the following information to Commerce: A. A certified statement that the project, as described in Attachment I: SCOPE OF WORK, is complete and, if applicable, meets required standards. B. A certified statement of the actual dollar amounts spent, from all funding sources, in completing the project as described in Attachment I: SCOPE OF WORK. City of Bremerton Page 5 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropnation Contract C. Certification that all costs associated with the project have been incurred and accounted for. Costs are incurred when goods and services are received and/or contract work is performed. D. A final voucher for the remaining eligible funds. The Contractor will submit the Certified Project Completion Report together with the last Invoice Voucher for a sum not to exceed the balance of the grant amount including the ten percent (10%) retainage, as described in Section 1.9. The final Invoice Voucher payment shall not occur prior to the completion of all project activities identified in Attachment I: SCOPE OF WORK and Commerce's receipt and acceptance of the Certified Project Completion Report. 1.11. REPORTS The Contractor shall furnish Commerce with Project Status Reports when submitting Invoice Vouchers (as described in Section 1.9), a Certified Project Completion Report at project completion (as described in Section 1.10), and other reports as Commerce may require. Failure to file reports as requested may result in termination of this Contract. 1.12. EVALUATION AND MONITORING The Contractor shall cooperate with and freely participate in any monitoring or evaluation activities conducted by Commerce, including site inspections, if necessary. The Contractor may be asked by Commerce to provide photographs, either hard copy or electronically,which visually depict the progress made on the project. Commerce or the State Auditor and any of their representatives shall have full access to and the right to examine all of the Contractor's records with respect to all matters covered in this Contract. Such representatives shall be permitted to audit, examine, and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls, and records of matters covered by this Contract. Such rights last for six (6) years from the date final payment is made. 1.13. OWNERSHIP OF PROJECT/CAPITAL FACILITIES Commerce makes no claim to any real property improved or constructed with funds awarded under this Contract and does not assert and will not acquire any ownership interest in or title to the capital facilities and/or equipment constructed or purchased with state funds under this Contract. This provision does not extend to claims that Commerce may bring against the Contractor in recapturing funds expended in violation of this Contract. 1.14. CHANGE OF OWNERSHIP OR USE FOR CONTRACTOR-OWNED PROPERTY The Contractor understands and agrees that any or all assets acquired, constructed, or otherwise improved by the Contractor using the funds under this Contract shall be held and used by the Contractor for the purposes stated in Attachment I: SCOPE OF WORK for a period of at least ten (10)years from the date the final payment is made. For a period of at least ten (10) years from the date the final payment is made, in the event that the Contractor decides to change or transfer ownership of any or all assets acquired, constructed, or otherwise improved by the Contractor using the funds under this Contract, the Contractor agrees that any such decision or action must be submitted in writing and approved by Commerce in writing at least thirty(30)days prior to the execution of such decision or action. In the event the Contractor is found to be out of compliance with this section, the Contractor shall repay the principal amount of the grant as stated in Section 1.5, plus interest calculated at the rate of interest on State of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject asset was authorized. Repayment shall be made pursuant to Section 1.20. Recapture Provision. City of Bremerton Page 6 Contract Terms and Conditions CD14-965-191 10113/2014 Direct-Appropriation Contract 1.15. CHANGE OF USE FOR LEASED PROPERTY The Contractor understands and agrees that any facility leased by the Contractor that is constructed, renovated, or otherwise improved using state funds under this Contract shall be used by the Contractor for the purposes stated in Attachment I: SCOPE OF WORK for a period of at least ten (10)years from the date the final payment is made. In the event the Contractor is found to be out of compliance with this section, the Contractor shall repay the principal amount of the grant as stated in Section 1.5, plus interest calculated at the rate of interest on State of Washington general obligation bonds issued most closely to the effective date of the legislation in which the subject facility was authorized. Repayment shall be made pursuant to Section 1.20. Recapture Provision. 1.16. HISTORICAL AND CULTURAL ARTIFACTS Prior to commencing construction, Contractor shall complete the requirements of Governor's Executive Order 05-05, or, as a substitute for completion of Governor's Executive Order 05-05, Contractor shall complete Section 106 of the National Historic Preservation Act. Contractor agrees that the Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless Commerce and the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of the project funded by this Contract. In addition to the requirements set forth in this Contract, Contractor shall, in accordance with Governor's Executive Order 05-05, coordinate with the Washington State Department of Archaeology and Historic Preservation (DAHP), including any recommended consultation with any affected tribe(s), during project design and prior to construction to determine the existence of any tribal cultural resources affected by the proposed project funded by this Contract. Contractor agrees to avoid, minimize, or mitigate impacts to the cultural resource as a continuing pre-requisite to receipt of funds under this Contract. The Contractor agrees that, unless the Contractor is proceeding under an approved historical and cultural monitoring plan or other memorandum of agreement, if historical or cultural artifacts are discovered during construction, the Contractor shall immediately stop construction and notify the local historical preservation officer and the state's historical preservation officer at DAHP. If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact DAHP and the concerned tribe's cultural staff or committee. The Contractor shall require this provision to be contained in all sub-contracts for work or services related to Attachment I: SCOPE OF WORK. In addition to the requirements set forth in this Contract, Contractor agrees to comply with RCW 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and, WAC 25-48 regarding Archaeological Excavation and Removal Permits. Completion of the Section 106 of the National Historic Preservation Act shall substitute for completion of Governor's Executive Order 05-05. In the event that the Contractor finds it necessary to amend Attachment 1: SCOPE OF WORK, the Contractor may be required to re-comply with Governor's Executive Order 05-05 or Section 106 of the National Historic Preservation Act. City of Bremerton Page 7 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract 1.17. SIGNAGE, MARKERS,AND PUBLICATIONS If, during the period covered by this Contract, the Contractor displays or circulates any communication, publication, or donor recognition identifying the financial participants in the project, any such communication or publication must identify "The Taxpayers of Washington State" as a participant. 1.18. PREVAILING WAGE LAW The project funded under this Contract is subject to state prevailing wage law (Chapter 39.12 RCW). The Contractor is advised to consult the Industrial Statistician at the Washington Department of Labor and Industries to determine the prevailing wages that must be paid. Commerce is not responsible for determining the prevailing wages applying to this project or for any prevailing wage payments that may be required by law. 1.19. INSURANCE (NOTE: SECTION 1.19 DOES NOT APPLY TO MUNICIPAL ENTITIES) A. Private Organizations The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the State of Washington should there be any claims, suits, actions, costs, damages, or expenses arising from any loss, or negligent or intentional act or omission of the Contractor or its subcontractors, or agents of either, while performing under the terms of this Contract. The insurance required shall be issued by an insurance company authorized to do business within the State of Washington. Except for Professional Liability or Errors and Omissions Insurance, the insurance shall name the State of Washington, its agents, officers, and employees as additional insureds under the insurance policy. All policies shall be primary to any other valid and collectable insurance. The Contractor shall instruct the insurers to give Commerce thirty (30) calendar days advance notice of any insurance cancellation or modification. The Contractor shall submit to Commerce within fifteen (15) calendar days of the Contract start date, a certificate of insurance, which outlines the coverage and limits required under this insurance section. During the term of the Contract, the Contractor shall submit renewal certificates not less than thirty (30) calendar days prior to expiration of each policy required under this section. The Contractor shall provide insurance coverage that shall be maintained in full force and effect during the term of this Contract, as follows: Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability arising out of Contract activity but no less than $1,000,000 per occurrence. Additionally, the Contractor is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts. Automobile Liability. In the event that performance pursuant to this Contract involves the use of vehicles, owned or operated by the Contractor or its subcontractors, automobile liability insurance shall be required. The minimum limit for automobile liability is $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage. Professional Liability, Errors, and Omissions Insurance. The Contractor shall maintain Professional Liability or Errors and Omissions Insurance. The Contractor shall maintain minimum limits of no less than $1,000,000 per occurrence to cover all activities by the Contractor and licensed staff employed or under Contract to the Contractor. The State of City of Bremerton Page 8 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract Washington, its agents, officers, and employees need not be named as additional insureds under this policy. Fidelity Insurance. Every officer, director, employee, or agent who is authorized to act on behalf of the Contractor for the purpose of receiving or depositing funds into program accounts or issuing financial documents, checks, or other instruments of payment for program costs shall be insured to provide protection against loss: i. The amount of fidelity coverage secured pursuant to this Contract shall be $100,000 or the highest of planned reimbursement for the Contract period, whichever is lowest. Fidelity insurance secured pursuant to this paragraph shall name the Contractor as beneficiary. ii. Subcontractors that receive $10,000 or more per year in funding through this Contract shall secure fidelity insurance as noted above. Fidelity insurance secured by subcontractors pursuant to this paragraph shall name the Contractor as beneficiary. The Contractor shall provide, at Commerce's request, copies of insurance instruments or certifications from the insurance issuing agency. The copies or certifications shall show the insurance coverage, the designated beneficiary, who is covered, the amounts, the period of coverage, and that Commerce will be provided thirty (30) days advance written notice of cancellation. B. Self-Insured Contractors With prior approval from Commerce, the Contractor may provide insurance coverage under a self-insured/liability pool or self-insured risk management program. In order to obtain permission from Commerce,the Contractor shall provide: i. a description of its self-insurance program, and ii. a certificate and/or letter of coverage that outlines coverage, limits, and deductibles. All self-insured risk management programs or,self-insured/liability pool financial reports must comply with Generally Accepted Accounting Principles (GAAP) and adhere to accounting standards promulgated by: L Governmental Accounting Standards Board (GASB), ii. Financial Accounting Standards Board (FASB), and iii. The Washington State Auditor's annual instructions for financial reporting. Contractors participating in joint risk pools shall maintain sufficient documentation to support the aggregate claim liability information reported on the balance sheet. The State of Washington, its agents, and employees need not be named as additional insured under a self- insured property/liability pool, if the pool is prohibited from naming third parties as additional insured. Contractor shall provide annually to Commerce a summary of coverages and a letter of self- insurance, evidencing continued coverage under Contractor's self-insured/liability pool or self- insured risk management program. Such annual summary of coverage and letter of self- insurance will be provided on the anniversary of the start date of this Contract. Employers Liability ("Stop Gap") Insurance. In addition, the Contractor shall buy employers liability insurance and, if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident of $1,000,000 each employee for bodily injury or disease. Excess Coverage. By requiring insurance herein, Commerce does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit City of Bremerton Page 9 Contract Terms and Conditions CD14-965-191 10/13/2014 Direct-Appropriation Contract Contractor's liability under the indemnities and reimbursements granted to Commerce in this Contract. Unemployment and Industrial Insurance. The Contractor shall be in full compliance with all state unemployment and industrial insurance laws while performing work under this Contract. Commerce will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for the Contractor, or any subcontractor or employee of the Contractor, which might arise under the industrial insurance laws during performance of this Contract. Protection of Project Property, Contractor's Assumption of Risk. The Contractor shall continuously maintain adequate protection of all the project work from damage and shall protect the property from injury or loss arising in connection with this Contract. The entire work of the Contractor shall be at the sole risk of the Contractor. The Contractor may elect to secure fire, extended coverage, and vandalism insurance or all-risk insurance to cover the project work during the course of construction. The Contractor shall take all necessary precautions for the safety of employees working on the project, and shall comply with all applicable provisions of federal, state, and local safety laws and building codes to prevent accidents or injuries to persons, on, about, or adjacent to the premises where the work is being performed. 1.20. RECAPTURE PROVISION In the event that the Contractor fails to expend state funds in accordance with state law and/or the provisions of this Contract, Commerce reserves the right to recapture state funds in an amount equivalent to the extent of noncompliance. Repayment by the Contractor of state funds under this recapture provision shall occur within thirty (30) days of demand. In the event that Commerce is required to institute proceedings to enforce this recapture provision, Commerce shall be entitled to its cost thereof, including reasonable attorneys fees. 1.21. REDUCTION IN FUNDS In the event state funds appropriated for the work contemplated under this Contract are withdrawn, reduced, or limited in any way by the Washington State Governor or Legislature during the Contract period, the parties hereto shall be bound by any such revised funding limitations as implemented at the discretion of Commerce, and shall meet and renegotiate the Contract accordingly. 1.22. REAPPROPRIATION The parties hereto understand and agree that any state funds, including the ten percent (10%) retainage as described in Section 1.9, not expended by the BIENNIUM CLOSE DATE listed on the Declarations Page will lapse on that date unless specifically reappropriated by the Washington State Legislature or Governor. Commerce will make all necessary efforts to seek reappropriation of funds into the declared BIENNIUM. If funds are so reappropriated, Commerce's obligation under the terms of this Contract shall be contingent upon the terms of such reappropriation. City of Bremerton Page 10 Contract Terms and Conditions CD14-965-191 10/13/2014 Direct-Appropriation Contract Part 2. GENERAL TERMS AND CONDITIONS 2.1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: A. "Authorized Representative" shall mean the Director and/or the designee authorized in writing to act on the Director's behalf. B. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. C. "Commerce" shall mean the Washington State Department of Commerce, and who is a Party to the Contract. D. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. E. "State" shall mean the state of Washington. F. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms"subcontractor"and "subcontractors"mean subcontractor(s)in any tier. 2.2. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 2.3. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 2.4. AMENDMENTS This Contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 2.5. AMERICANS WITH DISABILITIES ACT(ADA) OF 1990, PUBLIC LAW 101-336,ALSO REFERRED TO AS THE "ADA"28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. 2.6. APPROVAL This contract shall be subject to the written approval of Commerce's authorized representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. City of Bremerton Page 11 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract 2.7. ASSIGNMENT Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of Commerce. 2.8. ATTORNEY'S FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorneys fees and costs. 2.9. AUDIT A. General Requirements Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. Commerce reserves the right to recover from the Contractor all disallowed costs resulting from the audit. As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book)developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must.respond to Commerce requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. B. STATE FUNDS Contractors expending $100,000 or more in total state funds in a fiscal year must have a financial audit as defined by Government Auditing Standards (The Revised Yellow Book) and according to Generally Accepted Auditing Standards (GAAS). The Schedule of State Financial Assistance must be included. The schedule includes: Grantor agency name State program name BARS account number Grantor Agency contract number Contract award amount including amendments (total grant award) Beginning balance Current year revenues Current year expenditures Ending balance Program total If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor. The Contractor shall include the above audit requirements in any subcontracts. City of Bremerton Page 12 Contract Terms and Conditions CD14-965-191 10113/2014 Direct-Appropriation Contract In any case, the Contractor's financial records must be available for review by Commerce. C. Documentation Requirements The Contractor must send a copy of any required audit report described above no later than nine (9) months after the end of the Contractor's fiscal year(s) by sending a scanned copy to auditreviewa-commerce.wa.gov or by sending a hard copy to: Department of Commerce ATTN: Audit Review and Resolution Office 1011 Plum Street PO Box 42525 Olympia WA 98504-2525 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three(3) months of the audit being received by Commerce. • Copy of the Management Letter. If the Contractor is required to obtain a Single Audit because of Circular A-133 requirements, no other audit report is required. 2.10. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier-free codes. Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department. 2.11. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION A. "Confidential Information"as used in this section includes: 1. All material provided to the Contractor by Commerce that is designated as"confidential" by Commerce; 2. All material produced by the Contractor that is designated as"confidential" by Commerce; and 3. All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information"includes but is not limited to information related to a person's name, health,finances, education, business, use of government services, addresses,telephone numbers, social security number, driver's license number and other identifying numbers, and"Protected Health Information"under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). B.The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of Commerce or as may be required by law. The Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide Commerce with its policies and procedures on confidentiality. Commerce may require changes to such policies and procedures as they apply to this Contract whenever Commerce reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period City of Bremerton Page 13 Contract Terms and Conditions CD14-965-191 10/13/2014 Direct-Appropriation Contract specified by Commerce. Upon request, the Contractor shall immediately return to Commerce any Confidential Information that Commerce reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. C. Unauthorized Use or Disclosure. The Contractor shall notify Commerce within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 2.12. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 2.13. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by Commerce. Commerce shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to Commerce effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership' includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to Commerce a nonexclusive, royalty- free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare .derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to Commerce. The Contractor shall exert all reasonable effort to advise Commerce, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide Commerce with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. Commerce shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 2.14. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 2.15. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Agency Director of Commerce, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; City of Bremerton Page 14 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and • be mailed to the Director and the other party's (respondent's)Contract Representative within three(3)working days after the parties agree that they cannot resolve the dispute. The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5)working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 2.16. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 2.17. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (RCW 42.52) and any other applicable state or federal law related to ethics or conflicts of interest. 2.18. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 2.19. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, Commerce, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, Commerce,the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. City of Bremerton Page 15 Contract Terms and Conditions CD14-965-191 10/13/2014 Direct-Appropnation Contract ,I 2.20. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the state of Washington or Commerce. The Contractor will not hold itself out as or claim to bean officer or employee of Commerce or of the state of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 2.21. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, Commerce may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. Commerce may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by Commerce under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. 2.22. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: Washington State Laws and Regulations A. Affirmative action, RCW 41.06.020 (11). B. Boards of directors or officers of non-profit corporations—Liability-Limitations, RCW 4.24.264. C. Disclosure-campaign finances-lobbying, RCW 42.17. D. Discrimination-human rights commission, RCW 49.60. E. Ethics in public service, RCW 42.52. F. Housing assistance program, RCW 43.185 G. Interlocal cooperation act, RCW 39.34. H. Noise control, RCW 70.107. I. Office of minority and women's business enterprises, RCW 39.19 and WAC 326-02. J. Open public meetings act, RCW 42.30. K. Prevailing wages on public works, RCW 39.12. L. Public records act, RCW 42.56. M. Relocation assistance-real property acquisition policy, RCW 8.26. N. Shoreline management act of 1971, RCW 90.58. O. State budgeting,'accounting, and reporting system, RCW 43.88. P. State building code, Chapter 19.27 RCW and Energy-related building standards, RCW 19.27A, and Provisions in buildings for aged and handicapped persons, RCW 70.92. Q. State Coastal Zone Management Program, Publication 01-06-003, Shorelands and Environmental Assistance Program,Washington State Department of Ecology. R. State environmental policy, RCW 43.21 C. S. State Executive Order 05-05 Archeological and Cultural Resources. 2.23. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. City of Bremerton Page 16 Contract Terms and Conditions C014-965-191 1011312014 Direct-Appropriation Contract 2.24. LIMITATION OF AUTHORITY Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. 2.25. LOCAL PUBLIC TRANSPORTATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 2.26. COMPLIANCE WITH NONDISCRIMINATION LAWS During the performance of this Contract, the Contractor shall comply with all federal, state, and local nondiscrimination laws, regulations and policies. In the event of the Contractor's non- compliance or refusal to comply with any nondiscrimination law, regulation or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with Commerce. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the"Disputes" procedure set forth herein. 2.27. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. 2.28. PREVAILING WAGE LAWS The Contractor certifies that all contractors and subcontractors performing work on the Project shall comply with state Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Commerce's review upon request. 2.29. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISSION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 2.30. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or Commerce's name is mentioned, or language used from which the connection with the state of Washington's or Commerce's name may reasonably be inferred or implied, without the prior written consent of Commerce. City of Bremerton Page 17 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract 2.31. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, Commerce reserves the right to recapture funds in an amount to compensate Commerce for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by Commerce. In the alternative, Commerce may recapture such funds from payments due under this contract. 2.32. RECORDS MAINTENANCE The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 2.33. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 2.34. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by Commerce, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 2.35. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, Commerce may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 2.36. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contact are declared to be severable. City of Bremerton Page 18 Contract Terms and Conditions CD14-965-191 1011312014 Direct-Appropriation Contract 2.37. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of Commerce. If Commerce approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, Commerce in writing may: (a)require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or(c)require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to Commerce if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to Commerce for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that Commerce and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 2.38. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 2.39.TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 2.40. TERMINATION FOR CAUSE/SUSPENSION In event Commerce determines that the Contractor failed to comply with any term or condition of this Contract, Commerce may terminate the Contract in whole or in part upon written notice to the Contractor. Such termination shall be deemed'for cause."Termination shall take effect on the date specified in the notice. In the alternative, Commerce upon written notice may allow the Contractor a specific period of time in which to correct the non-compliance. During the corrective-action time period, Commerce may suspend further payment to the Contractor in whole or in part, or may restrict the Contractor's right to perform duties under this Contract. Failure by the Contractor to take timely corrective action shall allow Commerce to terminate the Contract upon written notice to the Contractor. "Termination for Cause" shall be deemed a "Termination for Convenience" when Commerce determines that the Contractor did not fail to comply with the terms of the Contract or when Commerce determines the failure was not caused by the Contractor's actions or negligence. If the Contract is terminated for cause, the Contractor shall be liable for damages as authorized by law, including, but not limited to, any cost difference between the original contract and the replacement contract, as well as all costs associated with entering into the replacement contract (i.e., competitive bidding, mailing, advertising, and staff time). City of Bremerton Page 19 Contract Terms and Conditions CD14-965-191 10/13/2014 Direct-Appropriation Contract 2.41. TERMINATION FOR CONVENIENCE Except as otherwise provided in this Contract, Commerce may, by ten (10) business days written notice, beginning on the second day after the mailing, terminate this Contract, in whole or in part. If this Contract is so terminated, Commerce shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. 2.42. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by Commerce, the Contractor shall: A. Stop work under the Contract on the date, and to the extent specified, in the notice; B. Place no further orders or subcontracts for materials, services, or facilities related to the Contract; C. Assign to Commerce all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case Commerce has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of Commerce; and D. Preserve and transfer any materials, contract deliverables and/or Commerce property in the Contractor's possession as directed by Commerce. Upon termination of the Contract, Commerce shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. Commerce may withhold any amount due as Commerce reasonably determines is necessary to protect Commerce against potential loss or liability resulting from the termination. Commerce shall pay any withheld amount to the Contractor if Commerce later determines that loss or liability will not occur. The rights and remedies of Commerce under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 2.43. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of Commerce. City of Bremerton Page 20 Contract Terms and Conditions CD14-965-191 10/1312014 Direct-Appropriation Contract ATTACHMENT I: PROJECT SCOPE OF WORK Washington State Department of Commerce DIRECT-APPROPRIATION GRANTS Contractor: City of Bremerton Contract Number: CD14-965-191 Project Title: City of Bremerton Puget Sound Naval Safety Project The project's scope of work is comprised of the following activities: Renovation and reconstruction of the pedestrian tunnel and associated facilities located in the vicinity of Burwell Street and Park Avenue that provide access for employees entering the Puget Sound Naval Shipyard. Costs may include, but are not limited to, design, environmental/cultural review, land/right-of-way acquisition, permits, material testing,field staking and as-built data gathering, construction, construction management, inspection and administration. If the above scope of work includes engineering, planning, or design activities,the Contractor shall make all plans and documents funded in whole or in part by this Contract available for Commerce's review upon reasonable request. The Contractor, by its signature below, certifies that the project's scope of work and performance measures set forth above have been reviewed and approved by the Contractor's governing body as of the date and year written below. SIGNATURE NAME TITLE DATE City of Bremerton Page 21 Attachment I.Project Scope of Work CD14-965-191 10/13/2014 Direct-Appropriation Contract City of Bremerton Page 22 Attachment I:Project Scope of Work CD14-965-191 1011312014 Direct-Appropriation Contract ATTACHMENT II: CERTIFICATION OF THE PAYMENT AND REPORTING OF PREVAILING WAGES Washington State Department of Commerce DIRECT-APPROPRIATION GRANTS Contractor: City of Bremerton Contract Number: CD14-965-191 The Contractor, by its signature below, certifies that all contractors and subcontractors performing work on the project as described in ATTACHMENT I: PROJECT SCOPE OF WORK shall comply with prevailing wage laws set forth in RCW 39.12, as applicable to the project funded by this Contract, including but not limited to the filing of the"Statement of Intent to Pay Prevailing Wages"and"Affidavit of Wages Paid"as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with RCW 39.12, and shall make such records available for Commerce's review upon request. If any state funds are used by the Contractor for the purpose of construction, applicable State Prevailing Wages must be paid. The Contractor, by its signature below, certifies that the declaration set forth above has been reviewed and approved by the Contractor's governing body as of the date and year written below. SIGNATURE NAME TITLE DATE City of Bremerton Page 23 Attachment II:Certification of Payment&Reporting of Prevailing Wage CD14-965-191 10/13/2014 Direct-Appropriation Contract City of Bremerton Page 24 Attachment II:Certification of Payment&Reporting of Prevailing Wage CD14-965-191 1011312014 Direct-Appropriation Contract ATTACHMENT III: CERTIFICATION OF THE INTENT TO ENTER THE LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEED) CERTIFICATION PROCESS Washington State Department of Commerce DIRECT-APPROPRIATION GRANTS Contractor: City of Bremerton Contract Number: CD14-965-191 The Contractor, by its signature below,certifies that it will enter into the Leadership in Energy and Environmental Design (LEED)certification process, as stipulated in RCW 39.35D.060, as applicable to the project described in ATTACHMENT I: PROJECT SCOPE OF WORK funded by this Contract. The Contractor shall, upon receipt of LEED certification by the United States Green Building Council, provide documentation of such certification to Commerce. The Contractor, by its signature below, certifies that the declaration set forth above has been reviewed and approved by the Contractor's governing body or board of directors, as applicable, as of the date and year written below. Exempt DO NOT sign SIGNATURE NAME TITLE DATE City of Bremerton Page 25 Attachment III:LEED Certification CD14-965-191 1011312014 Direct-Appropriation Contract City of Bremerton Page 26 Attachment III:LEED Certification CD14-965-191 10/1312014 Direct-Appropriation Contract ATTACHMENT IV: CERTIFICATION OF THE AVAILABILITY OF FUNDS TO COMPLETE THE PROJECT Washington State Department of Commerce DIRECT-APPROPRIATION GRANTS Contractor: City of Bremerton Contract Number: CD14-965-191 Type of Funding Source Description Amount Grant Washington State Dept. of Commerce $1261000.00 Other Grants Grant#1 $0.00 Grant#2 $0.00 Grant#3 $0.00 Grant#4 $0.00 Total Other Grants $0.00 Other Loans Loan#1 $0.00 Loan#2 $0.00 Loan#3 $0.00 Loan#4 $0.00 Total Loans $0.00 Other Local Revenue Source#1 $0.00 Source#2 $0.00 Source#3 $0.00 Source#4 $0.00 Total Local Revenue $0.00 Other Funds Source#1 $0.00 Source#2 $0.00 Total Other Funds $0.00 Total Project Funding $1,261,000.00 CERTIFICATION PERFORMANCE MEASURE The Grantee, by its signature, certifies that project funding from sources other than those provided by this contract and identified above are fully expended or committed, or both, in an amount sufficient to complete the project, or a distinct phase of the project that is useable to the public, and that the funding will be used for the purpose as described elsewhere in this contract, as of the date and year written below. City of Bremerton Page 27 Attachment IV:Certification of Availability of Funds CD14-965-191 1011312014 Direct-Appropriation Contract The Grantee shall maintain records sufficient to evidence that it has expended or has access to the funds needed to complete the Project, and shall make such records available for COMMERCE'S review upon reasonable request. SIGNATURE NAME TITLE DATE City of Bremerton Page 28 Attachment IV:Certification of Availability of Funds CD14-965-191 1011312014 Direct-Appropriation Contract r �I !i �f 0 3 r� • Navyrecords from 1912 show�z lens for the : ur - 1 .. .p Pedestrian Tunnel The tunnel was constructed to suphport WWI housMg (Navy Yard Hotel/ Craven Center) ` - Tr t;i-F. d+ ` AII 1 41,�7, 4 t" 1-0 0707 '">S:% _ ! r.,; .f�L:lY�fiil, .�:d"�•�§§ ►�.yfae.,��',1'' .. �. ii.. •r+c _ _ - n.0 } e _ — .. �. .iii-.�.•_ j The Craven Center was centered on Park Avenue between Burwell and Fourth Street � • The 100-year old tunnel facility includes a stairwell, the 90-ft long concrete tunnel under Burwell, and the south entrance to the Shipyard CIA SEEfilm a Bremerton North Portal _ x Cinema South Portal Burwell Street Stairwell at North Portal South Portal A Park Aver Major Features: - Relocate secure access to new north plaza meet and greet area to 14 _ 1 rove imp pedestrian ,. ... safet yIfiillllll�lllll�ll�Ll,.....I �,��.. . , „►; ; ,��;,,���,t,� ,, • Contemporar y --- -- c�- architectural fit and - finish to better fit into downtown • Architectural security fencing around property • Limited landscaping I i Major Features: • Repair concrete cracks and spalls and address exposed ► __ L reinforcing steel j • Remove unused electrical conduits '��, �'` _ 'W -, and supports �r- • Install new electrical '► r: conduits and energy _ { efficient lighting • New paint and surface treatments ` ' s M e im Major. Features: • Remove and replace abandoned and deficient electrical Al cabinets and conduits .i`�„ • • Remove several deficient buildings, handrails and a staircase • Remove uneven ° asphalt and install new pedestrian facilities r • Install new architectural features at the portal entrance = _ r 00) IM _J) _� _J r "I G Navy completed design with Federal. Depart'ment of CommerceWashington State Funds1011 M—S. State appropriated construction funds in. Direct Appropriations Agreement between: 2013 legislation under Jobs and Economic City of Bremerton Development Program and Washington State Department of Commerce Grant funds final design, construction, CM, inspection, etc. Project scope is scalable to ensure costs do not exceed ' Bremerton Project available funds Project Type:Com Direct ,.te: Date of CoMact Execution Grant Terms: • $1.3M total; $1,261,000 available • $39K held back for Commerce Admin ,fiDepartment of Commerce Innovation is in our nature. No match required r I j F+ j u O Lr) w N N p4-1 O O ON ICL0 14-4 O U U v O u v b1J � � QU 75 Q � UU r �j '74 46 �� /. �� �� �� Q;oCN � v CITY 0 F 4 z "`ato M,��te„a�,` BREMERTON AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Professional Services Study Session Date: October 22, 2014 Agreement with Fraser+ Fogle Architects for COUNCIL MEETING Date: November 5, 2014 Burwell Pedestrian Tunnel Design and Department: PW&U Construction Management Presenter: Knuckey Phone: 473-2376 SUMMARY: In July 2013, the State of Washington awarded a $1,300,000 Department of Commerce grant to the City to reconstruct the Burwell Pedestrian Tunnel. The design was completed for the Navy by the firm of Fraser + Fogle Architects. The bid package was completed assuming Federal acquisition procedures would be employed which differ significantly from a typical City construction contract. The proposed contract with Fraser+ Fogle is to revise the existing design into a typical City bid package, to revise the design to streamline several construction issues, and to act as the City's Construction Manager during construction of the improvements. ATTACHMENTS: 1) Council Summary; 2) PSA with Fraser+ Fogle Architects; 3) Exhibit A; 4) Exhibit C FISCAL IMPACTS (Include Budgeted Amount): The Commerce grant provides reimbursement of all project costs with no match required. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑x General Business ❑ Public Hearing RECOMMENDED MOTION: Move to award the Professional Services Agreement with Fraser+ Fogle Architects for$222,243, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 PROFESSIONAL SERVICES AGREEMENT WITH FRASER+FOGLE ARCHITECTS FOR BURWELL PEDESTRIAN TUNNEL COUNCIL SUMMARY Background The Navy contracted with Fraser+Fogle Architects to design improvements to the Burwell Pedestrian Tunnel;the work was completed in 2012 and 2013. The design was completed with the final product being a "Solicitation Package"for the Navy to award under a federal Multiple Award Construction Contract(MACC.) While the technical specifications and design drawings are essentially the same between Navy and City contracts,the bid documents are quite different and must be revised for the City to award a contract. In order to bid the work,the design must be sealed by the Professional Engineer who controlled the design. Since Fraser+ Fogle is the designer of record they are the only firm that can seal the bid documents without a complete redesign. On that basis,the City has selected Fraser+ Fogle to revise and complete the design. Due to their familiarity with the project and to streamline contracting, construction management services have been included in their work scope. Contract Summary The work is broken into two phases; design and bidding services,and construction management and administration. Inspection is not part of the construction management services,and will be provided under the construction contract. Fraser+Fogle will act as the City's agent during the construction to minimize staff time. Since the City will execute the construction contract and to ensure project costs do not exceed available budget,the following revisions will be incorporated into the final design: • Division 1(bid documents)will be revised into City standard format. • The single lump sum bid will be broken into three parts(north portal,tunnel,and south portal) to allow deletion of any of the parts of the project if necessary to keep project costs within budget. The Navy agrees the highest priority work is construction of the north portal. • The work area at the south portal will be defined in more detail, including temporary revisions to the security fencing during construction to streamline the contractor's access for construction. • Various revisions to minimize unknowns and reduce contractor's risk related to contaminated soils,traffic control (including pedestrian traffic),and to address other miscellaneous final design revisions including adjustments to landscaping. Fiscal Summary The value of the consultant's contract is$222,243,which includes a management reserve of$26,719. All costs are funded by the Commerce Grant,with no match required. PROFESSIONAL SERVICES AGREEMENT Burwell Tunnel Repair Project The City of Bremerton ("City") and Fraser+Fogle Architects ("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 September, 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 IX.A of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $222,243. 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/Fraser+Fogle Rev. 6/14 Burwell Tunnel Repair Page I 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/Fraser+Fogle Rev. 6/14 Burwell Tunnel Repair 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 damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance(if required), which may be provided on a "claims-made"basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at(360) 473- 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, Bremerton/Fraser+Fogle Rev. 6/14 Burwell Tunnel Repair Page 3 of 7 3456 1h Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. 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/Fraser+Fogle Rev. 6/14 Burwell Tunnel Repair 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 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address City of Bremerton Fraser+Fogle Architects 3027 Olympus Drive 11061 NE 2nd St, Suite 160 Bremerton, WA 98312 Bellevue, WA 98004 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. Bremerton/Fraser+Fogle Rev. 6/14 Burwell Tunnel Repair Page 5 of 7 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. O. Assignment:ment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work,the City may summarily terminate this Agreement. A. Excusable Delay The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City 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, Bremerton/Fraser+Fogle Rev. 6/14 Burwell Tunnel Repair Page 6 of 7 suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By: its: its: Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R\Legal\Legal`•••Contracts`•.FORMS\Professional Services Agreement Form(2014).doc Bremerton/Fraser+Fogle Rcv. 6/14 Burwell Tunnel Repair Page 7 of 7 EXHIBIT A- SCOPE OF WORK City of Bremerton Burwell Tunnel Repair Project INTRODUCTION The City of Bremerton (City) is contracting Fraser + Fogle (FF) to complete preparation of the bid documents, administer the bid process, manage the project construction for the City, and serve as the liaison between the City and Navy during construction of the Burwell Pedestrian Tunnel. The phase and task breakdown for the project is designated as follows: • Phase 1 —Design and Bidding Services Task 1 —Bid Document Preparation Task 2—Bid Administration • Phase 2—Construction Management and Administration Task 1 —Construction Management and Administration Task 2 -Management Reserve PHASE 1 —DESIGN AND BIDDING SERVICES Task 1 —Bid Document Preparation Objective Modify existing contract documents to prepare final,sealed contract documents for bid. Services to be provided • Attend kickoff meeting and review the project site with the City and Navy to coordinate project issues,confirm project scope,and facilitate development of the bid documents. • Revise existing Division 1 specifications provided by the Navy to incorporate standard City of Bremerton Division 0 and 1 specifications. • Revise the Submittal Schedule to coordinate review responsibility. • Prepare a detailed 100%cost estimate prior to advertising for bid. • Revise contract drawings prepared by FF as follows: Delineate three Additive Bid Items for work related to the Burwell street side,work within the tunnel itself,and work on the south portal within the shipyard CIA; including meeting with City and Navy representatives to determine boundaries between the three Additive Bid - Items. Identify boundaries of temporary security fencing in the south portal area;including meetings with the City and Navy on this issue. Citv of Bremerton Nagy Burwell Pedestrian Tunnel Repair A-1 Septemher 2014 PSA with Fraser+Fogle Architects Exhibits n-PSA Remove Building 147 roof work from the drawings. Modify landscaping shown on the existing drawings as agreed with City and Navy representatives. Provide professionally stamped drawings. • Revise existing technical specifications prepared by FF to reflect changes in the drawings and administrative sections of the contract. • Coordinate and attend meetings and communicate with the City and Navy as required to finalize the bid documents and incorporate any changes. • Submit Final Draft contract documents for review and approval by the City and Navy; a 4-week review period is assumed. Incorporate any changes and submit final sealed(stamped)bid documents to the City. City Responsibility • Attend kickoff meeting and other meetings requested by the City,Navy,or FF. • Provide support as requested to FF to finalize the administrative sections of the bid documents Deliverables The following will be delivered under this task: • Project meetings — a total of two (2) meetings are assumed for this task; the Project Kickoff meeting, which will include a visit to the project site, and one (1) additional meeting, which will incorporate coordination between the city,Consultant,and the Navy. • Final Draft Documents: paper copies of the final draft contract documents are not required; submit electronic documents to the City and Navy for their review and approval. • Final Bid Documents: submit one electronic and one paper set of Contract Documents, including Plans and Specifications. The electronic set shall be in the form of PDFs, and all documents will be professionally sealed. • 100%cost estimate prior to advertising for bid. Task 2—Bid Administration Objective Coordinate the bid process. Services to be provided • Prepare Notice Inviting Bids. • Prepare planholders list. • Respond to questions during the bid period, including directing questions to the appropriate responder(City,Navy,or consultant),receive comments and disseminate responses to bidders as addenda items. • Issue addenda as needed during the bid process. City of Bremerton .Nary Burwell Pedestrian Tunnel Repair A-2 September 2014 PSA with Fraser+Fogle Architects Exhibits for PSA • Schedule, coordinate and preside at the pre-bid conference(including site walk-through),and prepare minutes from the conference. The City and Navy shall attend the conference. • Coordinate with the City for Bid Opening at the Norm Dicks Government Center. • Upon bid opening, coordinate bid review with the City and Navy. • Upon the City's award and execution of the construction contract, FF will issue the Notice to Proceed and assume full responsibility for CM on the project. City Responsibility • Send Bid Documents to reproduction firm(E-Arc)and coordinate with them for reproduction of the bid sets. • Coordinate with E-Arc to distribute bid documents to FF, and Navy personnel as requested. • Advertise in Kitsap Sun and Daily Journal of Commerce and send notification to contractors on the MACC list. • Provide support as requested to FF during the bid process. • Respond to questions as needed during the bid process • Review bids to determine the lowest responsive, responsible bidder, and coordinate with the Navy and FF to confirm they have no objection to the City's bid award. Award and execute the construction contract. • Receive and pay all invoices associated with advertising and reproduction of bid documents. Deliverables Work products will include: • Planholders list • Pre-bid meeting and minutes. • Addenda,as required. • Affidavits for advertisement of Notice Inviting Bids PHASE 2—CONSTRUCTION ADMINISTRATION SERVICES Construction Management (CM) is the responsibility of FF and its sub-consultant(s). Work activities identified in this Scope of Work are representative of typical CM activities and allow a basis for budgeting the work. CM work beyond the scope identified below will be the responsibility of the consultant with compensation provided in Task 2. Task 1 —Construction Management and Administration Objectives The CM will oversee all aspects of construction for the City,and will manage all communication between the City, Navy, the Contractor and its Quality Control individual. The CM will coordinate construction meetings and prepare minutes, execute work change directives, review/approve and coordinate review of 0t),of Bremerton Natty Bunvell Pedestrian Tunnel Repair A-3 September 1014 PSA with Fraser+Fogle Architects Exhibits for PSA all submittals, and review/approve pay requests and recommend for payment by the City. The CM will coordinate with the contractor-provided Quality Control person as necessary to track work progress and identify and proactively resolve issues associated with schedule and budget. The CM shall inform the City of any concerns regarding schedule and budget. This phase also includes coordinating with the City for construction contract close out. Services to be provided • Oversee and coordinate with the contractor-provided Quality Control (inspector) and Navy Quality Assurance personnel daily or as needed to manage the construction. Coordinate with the City as necessary to keep the City appraised of construction issues that affect the scope, schedule or budget. • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare agenda and meeting minutes for the pre-construction meeting with the City, Navy and Contractor, and schedule and preside at weekly construction meetings to review the progress of the work, resolve issues, and foster open communication between all parties (i.e., Contractor, City,Navy,CM team). Prepare all agendas and minutes for all meetings. • Coordinate special inspection and commissioning activities as determined by the Contractor, or requested by the Navy. • Maintain all project-files including submittal records, copies of daily work reports from the Quality Control(inspector),Requests for Information,Field Order/Work Change Directives,etc. • Coordinate review of Contractor work plans with the Navy and approve work plans. • Review Contractor progress schedule. • Review and approve all submittals;coordinate Navy review as required or requested. • Review and respond to all Requests for Information(RFIs). • Negotiate, and execute Work Change Directive as approved by the City. Prepare independent cost estimates when necessary to confirm contractor cost estimates. • Monthly or as required, aggregate Work Change Directives into a Change Order to be executed by the City. • Process Contractor pay requests monthly and forward to City for payment. Along with each monthly pay request, the CM will Monthly provide an accounting of all project costs to date (construction contract,CM,etc.,)and projected total project cost. The CM will track all expenses against the grant, and advise the City and Navy immediately of any budget concerns to allow processing of Change Orders to manage.total project cost. • Collect,review,and log all Certified Payrolls. • Coordinate directly with the Navy on relevant issues. Serve as primary liaison between City and Navy. • Maintain all project documentation for the duration of the project including tracking, disbursing, and reviewing. Maintain logs for all documentation including submittals, RFCs/RFIs, Field Orders, Work Change Directives, Change Orders, etc. Provide a complete, organized electronic set of documentation at project completion(burned on CD or thumb drive). Gh'of Bremerton Navy,Burwell Pedestrian Tunnel Repair A-4 Septemher1014 PS.4 with Fraser+Fogle Architects £xhihitsJhr PSA • Conduct a substantial completion inspection and formulate a final punch-list of work items to be completed prior to final inspection. • Conduct a final inspection to verify that all outstanding work items are complete. • Recommend project final acceptance to the City. • Review completeness of Contractor's record drawings. City Responsibility • Attend pre-construction meeting • Attend weekly meetings as requested by the CM. • On a monthly basis the City will review the CM provided accounting of all project costs against the grant,process payment of all invoices and execute change orders. • Support the CM as requested in the usage of City contract documents and construction forms, if the City's forms are to be used by the CM. Assumptions The following assumptions apply: • All activities not specifically listed as the City's responsibility are assumed to be the responsibility of FF. • City staff will review TESC Plan, SPCC Plan, CPM Progress Schedule and Traffic Control Plan • Construction is assumed to be 220 calendar days. Construction management services are estimated at 16 hours per week for 36 weeks. The project is a time and materials contract not to exceed without prior permission from the City.Actual hours will be billed. No additional work beyond the presented budgets will be performed without prior authorization from the City. Deliverables The following deliverables will be submitted under this task: • Monthly accounting of all project costs to date (construction contract, CM, etc.,) and projected total project cost with each pay estimate. CM will track all expenses against the grant, and advise the City and Navy immediately of any budget concerns to allow processing of Change Orders to manage total project cost. • Electronic copies of responses to material submittal,cut sheet,.and shop drawing review. • Electronic copies of responses to work plans, RFIs, and requests for change orders. • Electronic copies of correspondence on letterhead and Work Change Directives issued to the Contractor. • Correction List(Punchlist)and draft and final notice of substantial completion. • Upon completion of project, a thumbdrive containing all project documentation in an organized, accessible manner. Citi oj'Bremcrlon Navv Bung ell Pedestrian Tunnel Repair A-S Septemher 2014 RSA rerth Fraser+Fugle Architects Exhibits for PSA Task 2—Management Reserve To cover the costs of project work items that are unforeseen by the City and FF, a budget of$26,719 is incorporated into this Contract. No costs will be charged to this Task unless authorized in writing by the City. This management reserve is budgeted under Phase 2 for convenience, but may be expended on Task 1 work. Cit)q/Bremerton Nave Bunnell Pedestrian Tunnel Repair A-6 September 2014 PSA with Fraser+Fogle Architects Exhihits for PSA EXHIBIT B SCHEDULE Notice to Proceed,FF Contract November 10,2014 Bid Document Completion January 15,2015 Construction Contract Award March 15, 2015 Construction Notice to Proceed: April, 1,2015 Construction Substantial Completion: November 7,2015 Project Close-out: December 31,2015 Crty of Bremerton 236-1896-113 Washington Avenue Sewer Improvements Project B-1 November 1013 Amendment No 01—Exhibit B—Schedule EXHIBIT C BUDGET PHASE 1 —DESIGN AND BIDDING SERVICES Task 1 Bid Document Preparation $43,920 Task 2 Bid Administration $9,417 Phase 1 Total: $53,337 PHASE 2—CONSTRUCTION ADMINISTRATION SERVICES Task 1 Construction Management and Administration $142,187 Task 2 Management Reserve $26,719 Phase 2 Total: $168,906 PHASE 1 AND 2 PROJECT TOTAL: $222,243 SEE ATTACHED RATE TABLE WHICH PRESENTS BILLING RATES AND BREAKDOWN OTHER FEES Crro ojBremerton 236-1896-113 Washington Avenue Sewer Improvements Project C-1 November 2013 Amendment No 01—Exhibit C—Budget Professional Services Budget City of Bremerton Burwell Tunnel Repair Project Architecture CM Mechanical Electrical Landscape Civil Structural Total Phase 1,Task 1 -Bid Document Preparation $ 10,118 $ 6,872 $ 2,516 $ 4,252 $ 4,446 $ 8,543 $ 7,173 $ 43,920 Phase 1,Task 2-Bid Administration $ 4,789 $ - $ 507 $ 764 $ 293 $ 1,675 $ 1,389 $ 9,417 Phase 2,Task 1 -CM:Administration $ - $ 92,592 $ - $ - $ - $ - $ - $ 92,592 Phase 2,Task 1 -CM: Discipline Submittal Review $ 2,397 $ - $ 281 $ 1,991 $ 293 $ 1,652 $ 4,654 $ 11,268 Phase 2,Task 1 -CM: Discipline RFIs and Office Consultation $ 5,472 $ - $ 842 $ 3,385 $ 879 $ 3,216 $ 4,060 $ 17,854 Phase 2,Task 1 -CM: Discipline Field Visits During Construction $ 4,795 $ - $ 1,253 $ 2,654 $ 1,757 $ 1,675 $ 4,403 $ 16,537 Phase 2,Task 2-Management Reserve $ 26,719 $ - $ - $ - $ - $ - $ - $ 26,719 Travel $ 468 $ 1,390 $ 85 $ 215 $ 85 $ 166 $ 527 $ 2,936 Miscellaneous $ 1,000 $ - $ - $ - $ - $ - $ - $ 1,000 Total $ 55,758 $ 100,854 $ 5,484 $ 13,261 $ 7,753 $ 16,927 $ 22,206 $ 222,243 Confidential 10/9/2014 Summary-Page 1 of 18 City of Bremerton Burwell Tunnel Repair Project Discipline: JArchitecture Overhead: 129.8% Profit: 10.0% Prime Markup: Labor Categories: PM 1 Arch Pro Sub Pro Admin Rates: 58.281 47.421 29.891 21.12 Burdened Rates: $ 147.32 $ 119.87 $ 75.56 $ 53.39 Labor Hours Phase 1,Task 1 -Bid Document Preparation Kickoff/Field Visit 8 1 81 Field Visit to site ' i Revise Division 1 Specifications _ 121 Revise Submittal Schedule 21 Prepare Detailed Cost Estimate _ 21_ 1 Revise Contract Drawings _ 4 41 161 Revise Technical Specifications 81 Coordination,Meetings with the City 6 61 1 Revise and Submit Final Documents _ 4 41 61 Total Labor Hours 24 36 30 0 Total Labor Fee $ 10,118 $ 3,536 $ 4,315 $ 2,267 $ - Phase 1,Task 2 -Bid Administration I Prepare Notice Inviting Bids_ _ _ 41 Prepare PlanHolders List _ 41 I _ Respond to Pre-Proposal Inquiries _ 81 Prepare and Issue Addenda 1 8 Pre-Bid Conference 61 I Bid Opening/NTP 41 j Total Labor Hours 26 8 0 0 Total Labor Fee $ 4,789 $ 3,830 $ 959 $ - $ - Phase 2,Task 1 -CM: Administration I I I Weekly updates with City and ProDims _ 38wks x 2 hrs NOT INCLUDED I I � Total Labor Hours 0 0 0 0 Total Labor Fee $ - $ - $ - $ - $ Phase 2,Task 1 -CM: Discipline Submittal Review Architectural Submittal Review 201 1 I I Total Labor Hours 0 20 0 0 Confidential 10/9/2014 Arch- Page 2 of 18 Total Labor Fee $ 2,397 $ - $ 2,397 $ - $ - Phase 2,Task 1 -CM: Discipline RFIs and Office Consultation RFIs Office Consultation, budget hours 201 201 Prepare Change Orders, budget hours 41 41 Review KTRs Record Drawings 1 41 41 1 i I Total Labor Hours 0 28 28 0 Total Labor Fee $ 5,472 $ - $ 3,356 $ 2,116 $ - Phase 2,Task 1 -CM: Discipline Field Visits During Construction 1 I 5 site visits, incl report of finding_s 401 1 1 I I Total Labor Hours 0 40 0 0 Total Labor Fee is 4,795 $ - $ 4,795 $ - $ Phase 2,Task 2-Management Reserve Management Reserve 1001 100 I Total Labor Hours 100 100 0 0 Total Labor Fee $ 26,719 $ 14,732 $ 11,987 $ - $ - Travel Rate Quantity Local Travel Mileage $ 0.565 220 $ 124.30 Ferry $ 31.20 _ 11 $ 343.20 $ - Total Travel $ 468 $ 468 Miscellaneous Reproduction $ 1,000.00 I 1 $ 1,000.00 Notebooks 1 $ - Misc/mileage i $ - LEED Registration Fee 1 $ - LEED Design Review Fee $ - LEED Construction Review Fee $ - Total Miscellaneous $ 1,0001 $ 1,000 Total Fee $ 55,758 Confidential 10/9/2014 Arch-Page 3 of 18 City of Bremerton Burwell Tunnel Repair Project Discipline: JCM Overhead: 162.69/6 Profit: 10.0% Prime Markup: 5% Labor Categories: Senior Estimator CM Rates: 57.551 53.00 Burdened Rates: $ 174.55 $ 160.75 $ Labor Hours Phase 1,Task 1 -Bid Document Preparation ! ! I Kickoff/Field Visit 8 8 Field Visit to site � Revise Division 1 Specifications Revise Submittal Schedule _ ! Prepare Detailed Cost Estimate 241 I Revise Contract Drawings —� Revise Technical Specifications ! _ Coordination,Meetings with the City ! �— Revise and Submit Final Documents I I 1 Total Labor Hours 32 8 0 0 Total Labor Fee $ 6,872 $ 5,586 $ 1,286 $ Phase 2,Task 1 -Construction Management:Administration 36 weeks x average of 16 hrs/wk 5761 I Coordinate with the(inspector)and contractor-provided Quality Control ! (inspector)and Navy Quality Assurance personnel as needed to manage the construction Coordinate with the City as necessary to keep the City appraised of construction issues that ! affect the scope,schedule or budget. ! Provide routine project management and I communications(scope,schedule,budget, invoicing, etc.). Prepare agenda and meetig minutes for the j pre-construction meeting with the City, ! Navy and Contractor,and schedule and I preside at weekly construction meetings ! to review the progress of the work,resolve ! ! issues,and foster open communication ! between all parties(i.e.,Contractor,City, ! _ Navy,CM team). Prepare all agendas and I minutes for all meetings. ! I I Coordinate speacial inspection and ! commissioning activities as determined by the Contractor,or requested by the Navy. Confidential 10/9/2014 CM-Page 4 of 18 Maintain all project files including sub- mittal records,copies,of daily work j reports from the Quality Control(inspector) Requests for Information, Field Order/ Work Change Directives,etc. Coordinate review of Contractor work plans with the Navy and approve work plans. Review Contractor progress schedule. _ I _ Review and approve all submittals;coordinate Navy review as required or requested. _ I Review and respond to all Requests for Information(RFI's). I Execute Work Change Directive as approved by the City.Prepare independent cost estimates when necessary to confirm contractor cost I estimates. Monthly or as required,Work Change Directives into a Change Order to be executed by the City_— Process Contractor pay requests monthly and forward to City for payment. Along with each monly_pay request,the CM will Monthly provide an accounting of all _ project costs to date(construction contract _ CM,etc.)and projected total project cost. The CM will track all expenses against the grant,and advise the City and Navy immediately of any budget concerns to j allow processing of Change Orders to L manage total project cost. I I Collect, review,and log all Certified Payrolls. F-I I Coordinate directly with the Navy on relevant _ issues. Serve as primary liaison between City _ and Navy. I Maintain all project documentation for the duration of the project including submittals, RFCs/RFls, Field Orders,Work Change Directives, Change Orders,etc. Provide a I complete,organized electronic set of documentation at project completion i (burned on CD or thumb drive). Conduct a substantial completion inspection and forumlate a final punch-list j of work items to be completed prior to _ final inspection. _ Conduct a final inspection to verify that all outstanding work items are complete. i Recommend project final acceptance to the City. I I Confidential 10/9/2014 CM-Page 5 of 18 Review completeness of Contractor's record drawings. _ I I I Total Labor Hours 0 576 0 0 Total Labor Fee $ 92,592 $ - $ 92,592 $ - $ - Travel Rate Quantity Local Travel Mileage V $ 0.565 720 $ 406.80 Ferry $ 27.30 36 $ 982.80 $ _ Total Travel $ 1,390 $ 1,390 Total Fee $ 100,854 Confidential 10/9/2014 CM-Page 6 of 18 City of Bremerton Burwell Tunnel Repair Project Discipline: Landscape Overhead: 147.0% Profit: 10.0% Prime Markup: 5% Labor Categories: Land Pro ! Land Subpro ! Rates: 51.331 31.72 Burdened Rates: $ 146.44 $ 90.49 $ - $ - Labor Hours Phase 1,Task 1 -Bid Document Preparation I ! I Kickoff/Field Visit 81 i Field Visit to site I Revise landscape planting plan 21 81 Revise Division 1 Specifications Revise Submittal Schedule ! 1 Prepare Detailed Cost Estimate ! i Revise Contract Drawings Revise Technical Specifications _ 21 Coordination,Meetings with the City 61 4 Revise and Submit Final Documents _ 8 I ! I i I Total Labor Hours 18 20 0 0 Total Labor Fee $ 4,446 $ 2,636 $ 1,810 Phase 1,Task 2 -Bid Administration I I Prepare Notice Inviting Bids Prepare PlanHolders List Respond to Pre-Proposal Inquiries ii Prepare and Issue Addenda 1 Pre-Bid Conference _ Bid Opening_ ! Issue Notice to Proceed ! Total Labor Hours 2 0 0 0 Total Labor Fee $ 293 $ 293 $ Phase 2,Task 1 -Construction Management: Discipline Submittal Review I I Landscape Submittals(4) 21 ! ! Total Labor Hours 2 0 0 0 Total Labor Fee $ 293 $ 293 $ - $ - $ - Phase 2,Task 1 -Construction Management: Discipline RFIs and Office Consultation _ I I RFIs Office Consultation, budget hours 2 Prepare Change Orders, budget hours I 1 2 Confidential 10/9/2014 Lscap-Page 7 of 18 Review KTRs Record Drawings 21 � � I Total Labor Hours 6 0 0 0 Total Labor Fee $ 879 $ 879 $ - $ - $ - Phase 2,Task 1 -Construction Management: Field Visits During Construction Punch List and back check 1.21 Total Labor Hours 12 0 0 0 Total Labor Fee $ 1,757 $ 1,757 $ - $ Travel Rate Quantity Local Travel Mileage $ 0.565 40 $ 22.60 Ferry $ 31.20 2 $ 62.40 $ - Total Travel $ 85 $ 85 Total Fee $ 7,753 Confidential 10/9/2014 Lscap-Page 8 of 18 City of Bremerton Burwell Tunnel Repair Project Discipline: Mechanical Overhead: 155.7% Profit: 10.0% Prime Markup: 5% Labor Categories: Engr ProI CADD Spec Writer Admin 55 Rates: 47. 29.241 47.551 22.00 Burdened Rates: $ 140.41 $ 86.35 $ 140.41 $ 64.97 Labor Hours Phase 1,Task 1 -Bid Document Preparation I I I Attend Kickoff Meeting (if think should be there) Field Visit to site _ 6 Revise Division 1 Specifications 1 F_ Revise Submittal Schedule _ 1 Prepare Detailed Cost Estimate 1 Revise Contract Drawings_ _ 4 41 1 Revise Technical Specifications F _1 21 0.5 Coordination,Meetings with the City Revise and Submit Final Documents 2 2 I I Total Labor Hours 12 6 2 0.5 Total Labor Fee $ 2,516 $ 1,685 $ 518 $ 281 $ 32 Phase 1,Task 2 -Bid Administration Prepare Notice Inviting Bids Prepare PlanHolders List Respond to Pre-Proposal Inquiries—— nquiries _ _ 2 i Prepare and Issue Addenda 1 1 Pre-Bid Conference j Bid Opening Issue Notice to Proceed Total Labor Hours 3 1 0 0 Total Labor Fee $ 507 $ 421 $ 86 $ - $ - Phase 2,Task 1 -Construction Management: Discipline Submittal Review I � 1 Mech submittal-piping 21 1 I j Total Labor Hours 2 0 0 0 Total Labor Fee $ 281 $ 281 $ - $ - $ - Phase 2,Task 1 -Construction Management: Discipline RFIs and Office Consultation i I I RFIs Office Consultation, budget hours 2. 1 Prepare Change Orders, budget hours 21 1 Review KTRs Record Drawings 21 1 Confidential 10/9/2014 Mech-Page 9 of 18 Total Labor Hours 6 0 0 0 Total Labor Fee Is 842 $ 842 $ - $ - $ - Phase 2,Task 1 -Construction Management: Field Visits During Construction Mech Observation Report- 1 trip 81 j 2 i Total Labor Hours 8 0 0 2 Total Labor Fee $ 1,253 $ 1,123 $ - $ - $ 130 Travel Rate Quantity Local Travel Mileage $ 0.565 40 $ 22.60 Ferry $ 31.20 , 2 $ 62.40 $ Total Travel $ 85 $ 85 Total Fee $ 5,484 Confidential 10/9/2014 Mech-Page 10 of 18 City of Bremerton Burwell Tunnel Repair Project Discipline: JElectrical Overhead: 184.4% Profit: 10.0% Prime Markup: 5% Labor Categories: Engr Pro I Engr Subpro I Admin Rates: 50.501 30.391 1 27.16 Burdened Rates: $ 165.88 $ 99.83 $ - $ 89.22 Labor Hours Phase 1,Task 1 -Bid Document Preparation I � Kickoff/Field Visit 6 Field Visit to site ! Revise Division 1 Specifications Revise Submittal Schedule ! Prepare Detailed Cost Estimate _ 1 Revise Contract Drawings _ 8 81 Revise Technical Specifications _ 21— _ ; 2 Coordination,Meetings with the City(NIC) Revise and Submit Final Documents 2 21 !_ 1 1 I i- -I ' I Total Labor Hours 18 10 0 3 Total Labor Fee $ 4,252 $ 2,986 $ 998 $ $ 268 Phase 1,Task 2 -Bid Administration Prepare Notice Inviting Bids 1 Prepare PlanHolders List Respond to Pre-Proposal Inquiries 2! _ Prepare and Issue Addenda 2� 1 Pre-Bid Conference 1 Bid Opening I 1 Issue Notice to Proceed 1 1 I I Total Labor Hours 4 1 0 0 Total Labor Fee $ 764 $ 664 $ 100 $ - $ - Phase 2,Task 1'-Construction Management: Discipline Submittal Review Electrical submittals 121 ! 1 Total Labor Hours 12 0 0 0 Total Labor Fee $ 1,991 $ 1,991 $ - $ - $ - Phase 2,Task 1 -Construction Management: Discipline RFIs and Office Consultation I RFIs Office Consultation, budget hours 12 Prepare Change Orders, budget hours 4 4 1 Review KTRs Record Drawings 21 11 Confidential 10/9/2014 Elec-Page 11 of 18 Total Labor Hours 18 4 0 0 Total Labor Fee $ 3,3851 $ 2,986 $ 399 $ - $ - Phase 2,Task 1 -Construction Management: Field Visits During Construction I 1 ' Substantial Completion Inspection/Report 8 Final Inspection/Report 81 I Total Labor Hours 16 0 0 0 Total Labor Fee $ 2,654 $ 2,654 $ - $ - $ - Travel Rate Quantity Local Travel Mileage $ 0.565 160 $ 90.40 Ferry $ 31.20 1 4 $ 124.80 I $ - Total Travel $ 215 $ 215 Total Fee $ 13,261 Confidential 10/9/2014 Elec-Page 12 of 18 City of Bremerton 10/7/2014 Burwell Tunnel Repair Project Discipline: Civil Overhead: 205.0% Profit: 10.0% Prime Markup: 5% Labor Categories: EngrProl Engr Subpro Drafter Admin Rates: 59.451 43.751 31.001 28.20 Burdened Rates: $ 209.43 $ 154.12 $ 109.21 $ 99.34 Labor Hours Phase 1,Task 1 -Bid Document Preparation I Kickoff/Field Visit 8 Field Visit to site I _; ! Revise Division 1 Specifications _ 41 1 4 Revise Submittal Schedule Prepare Detailed Cost Estimate I I Revise Contract Drawings 41 4, 61 Revise Technical Specifications 41 I 1 4 Coordination,Meetings with the City 1 ' I Revise and Submit Final Documents 41 41 41 4 _ i I I Total Labor Hours 24 8 10 12 Total Labor Fee $ 8,543 $ 5,026 $ 1,233 $ 1,092 $ 1,192 Phase 1,Task 2-Bid Administration I I I Prepare Notice Inviting Bids 1 j Prepare PlanHolders_List r, I Respond to Pre-Proposal Inquiries 41 I Prepare and Issue Addenda 41 1 Pre-Bid Conference _ I Bid Opening I 1 Issue Notice to Proceed I I i I ' Total Labor Hours 8 Total Labor Fee $ 1,675 $ 1,675 Phase 2,Task 1 -Construction Management: Administration All ProDims, please list tasks I 1 I I I I Confidential 10/9/2014 Civil-Page 13 of 18 i Total Labor Hours Total Labor Fee $ - $ - $ - $ Phase 2,Task 1 -Construction Management: Discipline Submittal Review I I 3 Specification Sections 21 8 j j I � � I — I I Total Labor Hours 2 8 Total Labor Fee $ 1,652 $ 419 $ 1,233 $ Phase 2,Task 1 -Construction Management: Discipline RFIs and Office Consultation I I I RFIs Office Consultation, budget hours 41 81 j Prepare Change Orders, budget hours j I Review KTRs Record Drawings 4 2 i Total Labor Hours 8 10 Total Labor Fee $ 3,216 $ 1,675 $ 1,541 $ Phase 2,Task 1 -Construction Management: Field Visits During Construction List number of desired visits and hours i 1 site visits 8 (1, 8-hour days) i i i I � I Total Labor Hours 8 Total Labor Fee $ 1,675 $ 1,675 $ Travel Rate Quantity Local Travel Mileage $ 0.565 172 $ 97.18 Ferry $ 34.60 2 $. 69.20 Confidential 10/9/2014 Civil-Page 14 of 18 Total Travel Is 166 $ 166 Total Fee $ 16,927 Confidential 10/9/2014 Civil-Page 15 of 18 City of Bremerton 10/7/2014 Burwell Tunnel Repair Project Discipline: Structural Overhead: 205.00% Profit: 10.0% Prime Markup: 5% Labor Categories: Engr Pro; Engr Subprol CADDI Admin Rates: 65.701 35.651 31.651 28.20 Burdened Rates: $ 231.44 $ 125.59 $ 111.50 $ 99.34 Labor Hours Phase 1,Task 1 -Bid Document Preparation I Kickoff/Field Visit 81 Field Visit to site 1 1 Revise Division 1 Specifications 41 j 4 Revise Submittal Schedule Prepare Detailed Cost Estimate Revise Contract Drawings 41 41 _ 6 Revise Technical Specifications 1 41 4 Coordination,Meetings with the City I i i Revise and Submit Final Documents 41 41 4 4 I � i I I Total Labor Hours 8 24 10 12 Total Labor Fee $ 7,173 $ 1,852 $ 3,014 $ 1,115 $ 1,192 Phase 1,Task 2-Bid Administration I Prepare Notice Inviting Bids Prepare PlanHolders List Respond to Pre-Proposal Inquiries 31 Prepare and Issue Addenda 31 1_ I Pre-Bid Conference Bid Opening Issue Notice to Proceed I I I I i Total Labor Hours 6 Total Labor Fee $ 1,389 $ 1,389 Phase 2,Task 1 -Construction Management: Administration I I I All ProDims, please list tasks _� 1 I 1 Confidential 10/9/2014 Struct-Page 16 of 18 f I � i Total Labor Hours Total Labor Fee $ - $ - $ Phase 2,Task 1 -Construction Management: Discipline Submittal Review I I I List number of expected submittals i I_ and budgeted time _! Steel Shop Drawings _ 21 12 Concrete Shop Drawings 21 4 Concrete Repair Submittals 21 8 Welding Submittal 2 I I Total Labor Hours 6 26 Total Labor Fee $ 4,654 $ 1,389 $ 3,265 $ Phase 2,Task 1 -Construction Management: Discipline RFIs and Office Consultation � I I RFIs Office Consultation, budget hours 81 8 I 2 I i Prepare Change Orders, budget hours Review KTRs Record Drawings _ 8_i ! I Total Labor Hours 8 16 2 Total Labor Fee $ 4,060 $ 1,852 $ 2,009 $ - $ 199 Phase 2,Task 1 -Construction Management: Field Visits During Construction i List number of desired visits and hours-- 3 site visits ( 1 for tunnel &stairs, 6 24 and 2 for steel work). (3 days-8 hrs per visit and 2 hrs per visit for debrief) ! I Total Labor Hours 6 24 Total Labor Fee $ 4,403 $ 1,389 $ 3,014 Travel Rate Quantity Local Travel Mileage $ 0.565 I 688 $ 388.72 Ferry $ 34.60 I 4 $ 138.40 $ - I $ - Confidential 10/9/2014 Struct-Page 17 of 18 Total Travel $ 527 $ 527 Total Fee $ 22,206 Confidential 10/9/2014 Struct-Page 18 of 18 AGENDA BILL &CO CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Ordinance No. 5262 amending Study Session Date: 10/22/2014 Chapter 9A.44 of the Bremerton Municipal COUNCIL MEETING Date: 11/05/2014 Code relating to solicitation in certain Department: Police Department roadways and designated locations Presenter: Chief Strachan Phone: 473-5224 SUMMARY: City Council desires to add provisions to the Bremerton Municipal Code to regulate solicitation at automated teller machines, bus stops, and within certain designated roadways and make other related changes. ATTACHMENTS: 1) Summary and 2) Ordinance No. 5262 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to adopt Ordinance No. 5262 amending Chapter 9A.44 of the Bremerton Municipal Code relating to solicitation in certain roadways and designated locations. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 Bremerton Police-Chief Steve Strachan Panhandler Ordinance Draft and Proposal Traffic Obstruction: This is the most significant element of the proposal. Bremerton's traffic patterns are somewhat unique as we have narrow, heavily travelled main arterial roadways with peak hours due to the ferry and shipyard. This proposal focuses on those main roadways. Panhandling at freeway off- ramps was prohibited due to traffic obstructions,and has resulted in fewer problems. Complaints: We have located nine calls specifically related to"panhandling"and complaints about it this year. However,we do not have a specific category,so many are not classified this way-may be under"disorderly conduct"or other types of complaints. Also,many are not called in at all,and are communicated personally to the Mayor,city employees,Council Members,and myself. Finally, it is ultimately an issue of perception and the message sent to those who engage in the behavior. It is part of our departmental focus on chronic and frequent offenders. Studies and experiences of other areas: From the"Center for Problem-Oriented Policing",this is funded through the U.S. Dept.of Justice,and which includes academic studies from the State University of New York(Albany)and the University of Wisconsin: • Contrary to common belief,panhandlers and homeless people are not necessarily one and the same. Definitions of homelessness vary, but at a minimum, most studies have found that few panhandlers routinely sleep outdoors at night. Many studies have found that only a small percentage of homeless people panhandle,and only a small percentage of panhandlers are homeless. • Panhandling intimidates some people, even causing some to avoid areas where they believe they will be panhandled. One third of San Franciscans surveyed said they gave money to panhandlers because they felt pressured, and avoided certain areas because of panhandling,nearly 40 percent expressed concern for their safety around panhandlers. • Most studies conclude that panhandlers make rational economic choices—that is, they look to make money in the most efficient way possible. Panhandlers develop their"sales pitches';and sometimes compete with one another for the rights to a particular sales pitch. Their sales pitches are usually, though not always,fraudulent in some respect.Some panhandlers will admit to passersby that they want money to buy alcohol(hoping candor will win them favor), though few will admit they intend to buy illegal drugs. • Most panhandlers are not interested in regular employment,particularly not minimum-wage labor, which many believe would scarcely be more profitable than panhandling. Some panhandlers'refusal to look for regular employment is better explained by their unwillingness or inability to commit to regular work hours,often because of substance abuse problems. Some panhandlers buy food with the money they receive, because they dislike the food served in shelters and social services. More information and all sources and footnotes: http://www.poncenter.org1problems/panhandling ORDINANCE NO. 5262 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 9A.44 of the Bremerton Municipal Code by adding sections relating to solicitation in certain roadways and designated locations. WHEREAS, the City Council desires to add sections to Bremerton Municipal Code Chapter 9A.44 in order to regulate solicitation in certain places and to make other related changes to the chapter; and WHEREAS, the Council believes it is important to protect vehicle occupants and pedestrians from the dangers caused by physical interaction between vehicles and pedestrians; to protect individuals' personal and financial security; to help ensure safe and efficient travel of pedestrians and vehicles within City streets for citizens, commuters, and tourists; and to promote the quality of urban life, tourism, access and enjoyment, while providing safe and appropriate venues for constitutionally protected speech activity; and WHEREAS, certain streets and highways within the City are busy thoroughfares, especially at various times of day when the Puget Sound Naval Shipyard and Naval Base Kitsap employees arrive and depart from work, and when the Washington State Ferry arrives and departs; and WHEREAS, certain streets and highways have a high traffic volume at various times of the day, have speed limits higher than twenty-five miles per hour, and/or have few or no parking stalls or shoulders where vehicles can safely or legally stop or pull over; and WHEREAS, motor vehicle drivers approached by pedestrians may become distracted, may stop suddenly, or may linger on busy roads thereby posing a significant risk of physical injury to themselves, other motorists, bicyclists and pedestrians; and WHEREAS, streets and highways serve the primary purpose of enabling vehicular traffic, and pedestrians, to safely and efficiently move about from place to place; and WHEREAS, the Council believes it is important to protect citizens from the fear and intimidation accompanying certain kinds-of solicitation, to promote tourism and business, and to preserve the quality of urban life while providing safe and appropriate venues for constitutionally protected activity; and WHEREAS, persons using automated teller machines often do so in isolated locations, have cash conspicuously in their possession, and/or are often a captive audience, sometimes with limited options to leave the area; and WHEREAS, persons using automated teller machines should not have to fear that their personal and financial security are vulnerable to coercion or crime; and 1 Unlawful Solicitation WHEREAS, persons waiting at bus stops are often in isolated locations, often have cash conspicuously in their possession, usually are a captive audience, and often have their attention distracted from their surroundings as they wait and watch for necessary transportation; and WHEREAS, persons waiting for buses may be vulnerable because they often cannot leave the area, and this vulnerability may cause them to avoid using buses; and WHEREAS, persons walking to and from bus stops during busy commuter times may need clear and quick access to the bus stops; and WHEREAS, in addition to adding new sections to Chapter 9A.44 of the Bremerton Municipal Code relating to solicitation in certain roadways and designated locations, Section 9A.44.100 entitled"Pedestrian Interference" is repealed and replaced with Section 9A.44.110 entitled"Aggressive Begging" and Section 9A.44.120 entitled "Pedestrian or Vehicular Interference"; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby adopted and incorporated as if set forth herein in full. SECTION 2. Section 9A.44.110 of the Bremerton Municipal Code entitled "Lasers" is amended by renumbering this section as follows: 9A.44.10100 LASERS Chapter 9A.49 RCW, with the exception of those provisions contained therein for which a violation constitutes a felony crime, is adopted by reference as currently enacted and as hereinafter amended from time to time, and shall be given the same force and effect as if set forth herein in full. SECTION 3. Section 9A.44.100 of the Bremerton Municipal Code entitled "Pedestrian Interference" is hereby repealed as follows: (a) The fellewing definitions apply in this seefiew. (1) "AggFessively beg" means to beg with the intent to intimidme anoth rt goods.— leyor- per-son (2) "Intimidate" means to engage in eenduet whieh would make a r-easenabl fearful or Fol eempelled. "Beg" means to ask for m is as a iwhether by words, bodily gesturessigns, or-ether-fnea nObstfuet pedestrian or-vehieular- n means to walk, stand, sit, lie, 0author-ized as an exer-eise of one's eenstitutional right to pieket or to legally protest, and act 2 Unlawful Solicitation obstr ,.t• of pedestrian or-yehi ,lar t,-a ffi . L57��e plu,, means 0 0 0 alleys, bridges, buildings, driveways, lots, parks, plazas, sidewalks and streets epeR to the general > > and the door-ways and entranees to buildings or-dwellings and gfeunds enelesing them. (b) A per-sen is guilty ofpedestfian-inter-fer-enee;f in a,ubl a plaee,c , he she (1) O $duets pedestrian or- ehieular-tr-affir (2) n„ ely begs lZ. 0 (e) Pedestrian inter fe-enee: s.10.�,eane,. L SECTION 4. Anew section, 9A.44.110, entitled "Aggressive Begging" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.110 AGGRESSIVE BEGGING. (a) Definitions. The following definitions apply in this section: (1) "Intimidate" means to engage in conduct which would make a reasonable person fearful or feel compelled. (2) "Beg" means to ask for money or goods as a charity, whether by words, bodily gestures, signs, or other means. (3) "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) Violation. A person is guilty of aggressive begging if, in a public place, he or she begs with the intent to intimidate another person into giving money or goods. (c) Penalty. Aggressive begging is a misdemeanor as defined in BMC 1.12.020(2). SECTION 5. A new section, 9A.44.120, entitled "Pedestrian and Vehicular Interference" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.120 PEDESTRIAN OR VEHICULAR INTERFERENCE. (a) Definitions. The following definition applies in this section: "Public place" means an area generally visible to public view and includes alleys, bridges, buildings, driveways, parking lots, parks, plazas, sidewalks and streets open to the general public, including those that serve food or drink or provide entertainment, and the doorways and entrances to buildings or dwellings and grounds enclosing them. (b) Violation. A person is guilty of pedestrian or vehicular interference if, in a public place, he or she intentionally walks, stands, sits, lies, or places an object in such a manner as to block passage by another person or a vehicle, or to require another person or a driver of a vehicle to take evasive action to avoid physical contact. (c) Exceptions. Acts authorized as an exercise of one's constitutional right to picket or to legally protest, and acts authorized by a permit issued pursuant to the Bremerton Municipal Code, shall not constitute pedestrian or vehicular interference. 3 Unlawful Solicitation (d) Penalty. Pedestrian or vehicular interference is a misdemeanor as defined in BMC 1.12.020(2). SECTION 6. A new section, 9A.44.120, entitled "Unlawful Solicitation in Prohibited Roadways" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.130 UNLAWFUL SOLICITATION IN PROHIBITED ROADWAYS (a) Purpose. The purpose of this section is to promote the City's fundamental interest in public peace,health, and safety, by regulating acts of solicitation that occur within certain designated roadways which pose substantial risks to vehicular and pedestrian safety due to high volume traffic, limited or no parking and/or other safety factors. (b) Definitions. The following definitions apply in this section: (1) "Contact" means actual physical contact or the giving or receiving of any item from one person to another. (2) "Enter"means to cross the vertical plane of the edge of a prohibited roadway with any part of a person's body or any extension thereof. (4) "Roadway"means the portion of a street or highway within the City primarily used for vehicular travel including medians, paved shoulders and bike lanes, but does not include the curbs and sidewalks. (5) "Solicit"means: (i) Either orally or in writing, directly or by implication, to ask,beg, request or plead for employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; (ii) Either orally or in writing, to sell or offer for immediate sale goods, services, or publications; (iii) To distribute without remuneration goods, services, or publications; or (iv) To solicit signatures on a petition or opinions for a survey. (c) Violation. A person is guilty of unlawful solicitation in prohibited roadways if he or she solicits from an occupant of any vehicle that is on a prohibited roadway, enters the prohibited roadway before, during or after the solicitation, and contacts an occupant of any vehicle on the prohibited roadway. Prohibited roadway includes the following: (i) 6`h Street (ii) I I1 Street (iii) Burwell Street (iv) Charleston Boulevard (v) Kitsap Way east of State Highway 3 (vi) Naval Avenue south of 11`h Street (vii) Sheridan Road (viii) Sylvan Way (ix) Warren Avenue (x) Washington Avenue (xi) Wheaton Way (d) Exceptions. It is not a violation under this section if the person entering a prohibited roadway: _ (1) Contacts a vehicle occupant when the vehicle is legally parked; 4 Unlawful Solicitation (2) Is summoning aid in an emergency situation; or (3) Is a law enforcement officer in the performance of official duties. (e) Penalt . Unlawful solicitation in prohibited roadways is a misdemeanor as defined in BMC 1.12.020(2). SECTION 7. A new section, 9A.44.130, entitled "Unlawful Solicitation" is hereby added to Chapter 9A.44 of the Bremerton Municipal Code to read as follows: 9A.44.140 UNLAWFUL SOLICITATION AT DESIGNATED LOCATIONS (a) Purpose. The purpose of this section is to promote the City's fundamental interest in public peace,health, and safety by regulating acts of solicitation that occur at locations and under circumstances specified herein which pose substantial risks to pedestrian safety, and which harm the efficient movement and personal and financial security of citizens, tourists and other pedestrians. The in-person solicitation of funds combined with the immediate receipt of that money, when directed to someone transacting business at an automated teller machine or preparing to board a bus at a bus stop, creates a risk of fraud and duress and is a public safety concern. It is the purpose of this section is to protect citizens from the fear and intimidation accompanying certain kinds of solicitation while providing safe and appropriate venues for constitutionally protected activity. (b) Definitions. The following definitions apply in this section: (1) "Automated teller machine" (ATM) means a machine, other than a telephone, whether owned by a financial institution or a third party: (i) That is capable of being operated by a customer of a financial institution; (ii) By which the customer may communicate to the financial institution directly or indirectly a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person; and (iii) The use of which may or may not involve personnel of a financial institution. (2) "Solicit"means requesting an immediate contribution, donation or gift of money from a person or persons unknown to the solicitor. (c) Violation. A person is guilty of unlawful solicitation if he or she, in a continuous or repetitive manner, solicits and receives funds: (1) Within fifteen (15) feet of an ATM, measured from the solicitor to the nearest entrance or exit of a facility in which an ATM is enclosed or, if the machine is not enclosed in a facility, to the nearest part of the ATM; or (2) Within fifteen (15) feet of a public bus stop, measured.from the solicitor to the nearest part of the bus stop bench, shelter or other structure, or if the bus stop has no bench, shelter or other structure, to the nearest sign or marking designating the area as a bus stop. The distance between the solicitor and the ATM or the bus stop shall be measured in a straight line, without regard to intervening structures or objects. (d) Penalty. Unlawful solicitation at designated locations is a misdemeanor as defined in BMC 1.12.020(2). SECTION 8. Severability. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not 5 Unlawful Solicitation affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 9. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2014 GREG WHEELER, Council President Approved this day of , 2014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2014 EFFECTIVE the day of 12014 ORDINANCE NO. R:"Legal\Legal\Ordinances\Police\Panhandling\Panhandling-Final.docx 6 Unlawful Solicitation From: Lori Smith on behalf of City Council Sent: Tuesday, November 04, 2014 4:19 PM To: 'Jim McDonald' Cc: City Council; Patty Lent; Steven Strachan Subject: RE: Citizen Comments -Item 6C "Panhandling Ordinance Changes" Importance: High Jim, Thank you for your letter,which I will provide to the Council Members for their review and consideration prior to their deliberation on this item at the Council Meeting on November 5. A copy will also be shared with Mayor Lent and Police Chief Strachan for their information; and a copy will be included as a part of the record. It is appreciated that you took the time to share your comments. Sincerely, Lori Smith Legislative Assistant Bremerton City Council (360)473-5280 From: Jim McDonald [ma iIto:mazama90@msn.com] Sent: Monday, November 03, 2014 6:00 PM To: City Council Subject: Panhandling Ordinance changes Honorable Council Members: Regarding Ordinance No. 5262 to amend Chapter 9A.44 of the Bremerton Municipal Code (BMC) by adding Section 9A.44.105 entitled "Unlawful Solicitation" to prohibit Panhandling near ATM and Bus Stops; and Passing or Receiving Anything(like money) from the Street to the Sidewalk on Major Arterials; I support the proposed changes. When I first moved to Seattle to attend the University of Washington, one of the first things the students were briefed on was the issue of Panhandling. The students were told to never give funds directly to Panhandlers because the donated funds were often not used for the stated purpose. Instead,the students were encouraged to give funds to the local Social Service agencies that provided food, clothing, and housing for those in need. By reducing the chances of a Panhandler's success, the chances are increased that the Panhandler can be helped by our established social systems. The proposed ordinance supports this premise. R, Jim McDonald 1311 Marlow Ave B6 Bremerton, WA 98310 From: Christine Grenier on behalf of City Council Sent: Wednesday, October 22, 2014 2:07 PM To: 'taylor niemy' Subject: Citizen Letter- Proposed Panhandling Ordinance (Taylor Niemy) Mr. Niemy, I have provided your letter to the Council Members, Mayor, Police Chief and City Attorney for their review and consideration on the "Proposed Panhandling Ordinance" during tonight's Study Session. Your letter will also be included in the record for the November 5 Council Meeting. Thank you for taking the time to provide your comments. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 From: taylor niemy [mailto:tniemyOgmail.com] Sent: Wednesday, October 22, 2014 1:15 PM To: City Council Subject: Proposed panhandling ban Dear council members and mayor, I am sending this email is full opposition to the ban on panhandling. It is wrong. Period. The demonizing of the poor and homeless needs to stop from this government. What I have seen from this government since I have become involved in meetings has been no action whatsoever on stopping banks from evicting people from their homes, massive gentrification projects, pushing the homeless out of encampments, allowing shelters to close down during the peak of winter, and now this proposed ban that seeks to vilify the poor and misfortunate. I am not a religious person but if you are you should know that these actions are a stab in the back if Jesus'beliefs. Jesus sought to help the poor and would be disgusted with your treatment of the poor so far. This proposed ban will also do nothing but take officers away from important issues like murders and rapes while fining and imprisoning people who cannot afford it in the first place. Your policies have been out of sight out if mind when it comes to the poor and homeless. This treatment of the poor is despicable and I find that you as people are despicable for even considering such a ban and for your previous actions against the less fortunate. If a society will be judged it will be judged by its treatment of those less fortunate. Also this ban is violation of my constructional rights to help who I see fit and for people to use public space as they see fit. Do not tell me what I can or cannot do to help others in need. Shame in all of you. Your local, actually sane person who thinks human interest is more important then profit Taylor niemy i From: Christine Grenier on behalf of City Council Sent: Wednesday, October 22, 2014 9:25 PM To: 'Janna Warren' Subject: Citizen Letter- Proposed Panhandling Ordinance (Janna Warren) Ms. Warren, I have provided your letter to the Council Members, Mayor, Police Chief and City Attorney for their review and consideration on the "Proposed Panhandling Ordinance". Your letter will also be Included in the record for the November 5 Council Meeting. Thank you for taking the time to provide your comments. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 -----Original Message----- From:Janna Warren [mailto:ianna w@icloud.com] Sent: Wednesday, October 22, 2014 7:11 PM To:City Council Subject: Panhandling ban:AGAINST!! I am writing this to express my concern about this panhandling ban.These people that are humbling themselves day after day trying to survive shouldn't be banned from doing so.They aren't any different then the statue of liberty costume at tax time, the jiffy lube guys,the restaurant sign flippers,the banana outside trader McGees... If your gonna ban the right to stand on a public sidewalk with a sign, then do it INDEFINITELY, without discriminating whats on the sign, or who's holding it! We are supposed to have rights in This country and to be discriminated against for financial class is 100%against any ethical reputation.To pass this law in bremerton would be representing us as an unethical people against common civil rights. PLEASE DENY THIS BILL!!! Its wrong, uncivil, discriminatory and immoral. No one forces people to donate to them, so they shouldn't have the right to ask for help taken away from them. From: Lori Smith on behalf of City Council Sent: Friday, October 17, 2014 3:59 PM To: 'John Huntwork' Cc: City Council Subject: RE: Citizen Concern - Panhandling Ordinance (John Huntwork) Attachments: OCTOBER 22, 2014 Study Session.pdf Mr. Huntwork, Thank you for your letter,which I will provide to the Council Members for their review and consideration. As you can see on the attached agenda,the Council Members will be briefed on this issue at their next Study Session on Wednesday, October 22 under Item B8. I have also provided a copy of your letter with the City's Police Chief, City Attorney, and Mayor for their information. Thank you for sharing your concerns. A copy of your comments will also be included as a part of the record for this item. Lori Smith Legislative Assistant Bremerton City Council (360)473-5280 Iq From: John Huntwork [mailto:jhuntwork(&hotmail.com] Sent: Thursday, October 16, 2014 10:09 PM To: City Council Subject: Panhandling Ordinance Dear Council Members, I am writing concerning the proposed ordinance against panhandling. I appreciate the the concern about pan handlers. In my opinion there is little information about the actual impact, safety issues, crime or nuisance associated with panhandling being presented to justify the need for this ordinance. It there are issues this ordinance will address it does not state specifically how this ordinance is written and how it will be enforced to eliminate any supposed issues. This ordinance sounds very similar to another proposal to limit early morning sales of malt liquor,that was also directed at supposed problems caused by these sales. I appreciate a government that governs based on facts and makes decisions that can create measurable outcomes. "Feelings" about what would be good or help with no statistical data and then subsequently limiting the rights of people or businesses is not the expectation of a democratic government. I appreciate your time and consideration. Thank you. Sincerely, John Huntwork 1 From: Christine Grenier on behalf of City Council Sent: Wednesday, October 22, 2014 12:15 PM To: 'Dianne Gardner' Subject: Citizen Letter- Proposed Panhandling Ordinance (Dianne Gardner) Ms. Gardner, I have provided your letter to the Council Members, Mayor and City Attorney for their review and consideration on the "Proposed Panhandling Ordinance" during tonight's Study Session. Your letter will also be included in the record for the November 5 Council Meeting. Thank you for taking the time to provide your comments. Sincerely, Christine Grenier Council/Auditor Assistant City of Bremerton (360)473-5280 -----Original Message----- From: Dianne Gardner[mailto:eardnersart@wavecable.com] Sent:Tuesday, October 21, 2014 6:06 PM To: City Council Subject:The suffering Dear Sirs. The city council's proposal to criminalize panhandling is one more nail in the palm of the suffering. It wasn't enough that the housing authority took low income housing money and made a bad investment with it,tore down Westpark, and sent the sheriff to destroy the homeless person's personal property by cutting up tents and sleeping bags. Now the council wants to make it illegal for them to ask for help. Shame on them! What is the city council doing for the poor in a community where the most successful businesses are pawn shops,thrift shops and Grocery Outlets? You can't get rid of the poor by demonizing them or criminalizing them. That mind frame should have gone away with pauper's prison.And yet that's exactly what Bremerton is doing. Put yourself in a homeless person's shoes for one day. Many homeless men are Vietnam Vets who went to war while you stayed home and went to school. Many have been sued for child support,jailed, and fined so stiffly they will never have money nor the credit to get into a house. 1 Some of the homeless are mentally challenged,fighting diseases that affect the mind and body yet can't afford the health care they need. Many lack enough self esteem to even try to get a job, and honestly are there any jobs in Bremerton?The city has taxed industry so high that businesses move past the city boundaries so they can survive. I think the city council needs to rethink their course of action and stop picking on those who can't defend themselves. Why don't you make employment a priority.Why don't you invite businesses that can hire some of these people? May you never be homeless. Regards A concerned citizen who loves their neighbor. 2 AGENDA BILL CITY OF BREMERTON 7A CITY COUNCIL SUBJECT: Public Hearing and passage of Study Session Date: October 22, 2014 Resolution No. 3236 approving the 2015 COUNCIL MEETING Date: November 5, 2014 Community Development Block Grant(CDBG) Department: DCD—Block Grant and HOME funding recommendations for Presenter: Marie Vila inclusion in the 2015 CDBG/HOME Action Plan Phone: 360-473-5375 SUMMARY: On May 21, 2014, City Council approved the 2015 CDBG/HOME Policy Plan outlining the CDBG and HOME funding allocation process. Based on that policy,the program's Grant Recommendation Committees have developed 2015 funding recommendations for Council consideration and approval. If approved,these submissions will be sent to the Department of Housing and Urban Development (HUD) in the City's 2015 Annual Action Plan. ATTACHMENTS: 1. Staff Memo and Public Comment 2. Resolution No. 3236 with Exhibits Exhibit A: 2015 City of Bremerton CDBG/HOME Funding Recommendations Exhibit B: 2015 All Coordinated Application CDBG/HOME Project Descriptions Exhibit C: 2015 All Coordinated Application Funding Recommendations FISCAL IMPACTS (Include Budgeted Amount): None. Block Grant is pass-through funding from the Department of Housing and Urban Development and these recommended sub-recipient grants are paid 100%through the City's CDBG and HOME grants. Administrative costs associated with the program, most of which are covered by the HUD grants, are approved in the Policy Plan and in the City's budget process. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to pass Resolution No. 3236 approving the 2015 funding recommendations to be included in the 2015 Action Plan to HUD, and authorize the Mayor to finalize and execute the contracts with substantially the same terms and conditions as presented once all funding has been secured and HUD has approved the Annual Action Plan. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: Bremerton City Council From: Marie Vila,CDBG/HOME Administrator Date: November 5,2014 Re: 2015 Funding Recommendations and Action Plan On May 21,2014,the City Council approved the 2014 CDBG/HOME Policy Plan which outlined the funding allocation process and included CDBG rules and regulations.The Policy Plan also allocated funding for CDBG and HOME Administration,CDBG and HOME funds for the City's Down Payment Assistance Program "House-Key Bremerton",and targeted 10%of the available capital funding for economic development projects. All other funding is allocated through a competitive application process. The competitive application for 2015 funding was conducted through the Coordinated Application process,which was adopted in 2011 to streamline the grant allocation process for City and County Block Grant Programs,and KRCC Homeless and Affordable Grant Programs. For 2015 funding,the Coordinated Application was completed and submitted online through a 3`d party vendor, Fluid Review.Applications were due July 1,2014. Received were: • 15 CDBG Capital Applications • 1 Economic Development Application • 38 Non-Capital Applications(public service,operations and maintenance, rental assistance) Applications were screened by Coordinated Grant Application staff for completeness,eligibility and agency capacity,and by the Kitsap County Auditor for financial compliance and capacity. Each application.was individually reviewed and scored by a team of Grant.Recommendation Committee(GRC) members,then interviewed, ranked and evaluated by the GRC as a whole.Staff provided guidance as to which projects qualified for the different funding sources based on factors such as the project activity or geography,and provided guidance regarding regulatory compliance requirements.Through this evaluation process the Grant Recommendation Committees developed the funding recommendations attached here. Highlights: • Recommendations for City of Bremerton CDBG funds include 5 Capital projects, 1 Economic Development project,and 3 Public Service projects. • Two capital projects target foreclosed or abandoned properties for rehab and new useful life, and two capital projects focus on improving Bremerton's aging homeowner housing stock. • Capital funding was recommended to new projects, as well as to successful,ongoing programs. Funding trends for 2015: • Scarcity of funding has continued to be a serious limiting factor.Several very large requests came forward this year—some which could not be met due to inadequate funding,and others required funding from multiple jurisdictions to meet their needs.Additionally,the GRC had to make some very difficult decisions. • Collaboration was evident this year,with agencies teaming together with holisitic solutions to address needs • Services:The GRC's first goal was to again fund all food programs well,such as food bank operations and senior nutrition programs.After that, homeless,and children's programs. • Capital:GRC paid special attention to funding projects that met feasibility/readiness criteria: this has become an important compliance consideration due to HUD's increased emphasis on project readiness and timely expenditure of funds. • No public comment was received as of 10/10/2014;comments received before the scheduled Council date will be provided to Council. A 30-day public comment period was opened via legal notice in the Kitsap Sun, running from September 19 through October 20,2014 All comments received during this period will be provided to Council for consideration. Recommendations for awards to be funded by City of Bremerton CDBG or HOME programs will be presented to Bremerton City Council for approval on November 5 in a public hearing(recommendations for award from other funders will be considered by the KRCC). All funding approvals are contingent upon estimated 2015 funding from the Department of Housing and Urban Development(HUD),availability of reallocated funds from previous years,and program income.The Grant Recommendation Committee has developed funding contingency provisions in case the City receives more or less funding than anticipated. If approved,these funding recommendations will be submitted to HUD in the 2015 Annual Action Plan,due to HUD November 15,2014. Should you have any questions or concerns regarding any of these items please do not hesitate to contact Marie Vila at(360)473-5375. RESOLUTION NO. 3236 A RESOLUTION of the City Council of the City of Bremerton, Washington, approving the 2015 CDBG/HOME Funding Recommendations for inclusion in the 2015 CDBG/HOME Action Plan WHEREAS, the City of Bremerton is an entitlement community which receives a Community Development Block Grant (CDBG) each year from the Department of Housing and Urban Development, and also receives funding from HUD's Home Investment Partnerships (HOME)program through its participation in the Kitsap County HOME Consortium; and WHEREAS, the City of Bremerton has established a mandatory Policy Plan for the City's management of its HUD entitlement, including a citizen participation plan, application and review processes, eligibility, and implementation requirements for grant funded projects; and WHEREAS, the City of Bremerton conducts a competitive annual process based on the Policy Plan to determine allocation of CDBG and HOME entitlement; and WHEREAS, the City of Bremerton's 2015 Policy Plan citizen participation plan establishes a Grant Recommendation Committee to assist the Department of Community Development in reviewing CDBG and HOME applications by interviewing applicants and recommending annual project allocation decisions to the Bremerton City Council; and WHEREAS, the City of Bremerton participates in a Coordinated Application process with Kitsap County Block Grant and the Kitsap Regional Coordinating Council, which together received fifteen capital applications, one economic development application, and thirty- eight Non-Capital applications by the application deadline of July 1, 2014, and all but one was forwarded to the Grant Recommendation Committee(one agency retracted its application); and WHEREAS, the CDBG/HOME Grant Recommendation Committee has reviewed, interviewed and discussed each of the eligible funding requests and'formulated funding recommendations and a funding contingency plan based on their review; and WHEREAS, the City of Bremerton Block Grant staff on Friday, September 19, 2014 posted the recommendations to the City's website and advertised in the Kitsap Sun a 30- day written public comment period commencing September 19, 2014 and concluding October 20, 2014; and 1 2015 CDBG/HOME Funding Recommendation WHEREAS, any comments received during the advertised public comment period and have been provided to City Council for review; and WHEREAS, the Department of Community Development CDBG/HOME staff presents the Grant Recommendation Committee's recommendations to the City Council for adoption;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The recitals and findings of fact set forth in this resolution are hereby incorporated as if fully set forth herein. SECTION 2. The 2015 CDBG/HOME Funding Recommendations attached hereto as Exhibit A and further described in Exhibits B and C is hereby adopted, and will be incorporated into the 2015 Action Plan to be submitted to the Department of Housing and Urban Development for approval. SECTION 3. 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 4. Efkctive 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 92014. GREG WHEELER, Council President APPROVED AS TO FORM: ATTEST: ROGER A. LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 2015 CDBG/HOME Funding Recommendation 2015 CITY OF BREMERTON CDBG/HOME FUNDING RECOMMENDATIONS EXHIBIT A 2015 CDBG & HOME ADMINISTRATION AND DPA ALLOCATION AGENCY PROJECT REQUEST RECOMMENDED City of Bremerton CDBG Administration $79,600 79,600 City of Bremerton HOME Administration $15,693 $15,693 City of Bremerton Down-Payment Assistance for $20,000 $20,000 First Time Homebuyers(CDBG) City of Bremerton Down-Payment Assistance for $55,000 $55,000 First Time Homebuyers(HOME) TOTAL $170,293 $170,293 2015 CDBG PUBLIC SERVICE PROJECTS AGENCY PROJECT REQUEST CITY of BREMERTON TOTAL KITSAP CGA RECOMMENDATION RECOMMENDATION Boys&Girls Club Bremerton Teen $20,000 $14,700 $14,700 Initiative Bremerton Brem rt Agency Salaries $15,000 $15,000 $15,000 Foodne Meals on Wheels Meals for Kitsap Homebound Seniors $30,000 $30,000 $30,000 Boys&Girls Club Brem/SK After School $20,000 $0.00 $10,000 Catholic Benedict House $169,517 $0.00 $92,629 Community Svcs Catholic Integrated Case Mgmt $83,382 $0.00 $37,960 Community Svcs Hope in Christ Homeless Youth Svcs $105,952 $0.00 $80,665 KACE Educational Transition $15,000 $0.00 $10,000 Kitsap Community Resources Homeless Services $200,000 $0.00 $146,574 Kitsap Sexual Abuse Child Abuse $15,000 $0.00 $12,500 Intervention YMCA Child Care Scholarship $25,000 $0.00 $20,000 YWCA Shelter Transitional . $55,000 $0.00 $25,000 Housing BHA Barista Training Prgm $10,000 $0.00 $0.00 Canterbury Care Keeping CCC $60,000 $0.00 $0.00 Center Affordable RMH Services Untreated Mentally III $20,160 $0.00 $0.00 Weaver Foundation Georgia's House $66,480 $0.00 $0.00 YWCA ALIVE Advocacy Svcs $26,500 $0.00 $0.00 TOTAL $59,700 $507,889 2015 CDBG CAPITAL and HOUSING PROJECTS AGENCY PROJECT REQUEST CITY of BREMERTON TOTAL KITSAP CGA RECOMMENDATION RECOMMENDATION BHA Cottages at Forest Pk $600,000 $12,646 $598,086 Community Built In Bremerton II $450,000 $345,000 $345,000 Frameworks Kitsap Community West Hills STEM Pre- $150,000 $72,497 $72,497 Resources School Kitsap Community Weatherization and Resources Minor Home Repair $250,000 $103,961 $204,671 Holly Ridge Center Baby Steps to Play $75,000 $54,372 $54,372 Episcopal Retirement Center Powering Canterbury $30,000 $0.00 $0.00 Habitat for Humanity Montgomery Rehab $87,200 $0.00 $0.00 New Life West Bremerton $200,475 $0.00 $0.00 Community Campus TOTAL $588,476 $1,274,626 2015 CDBG ECONOMIC DEVELOPMENT PROJECTS AGENCY PROJECT REQUEST CITY of BREMERTON TOTAL KITSAP CGA RECOMMENDATION RECOMMENDATION Kitsap Community Business Education Resources $upport and Training $87,000 $27,870 $65,000 TOTAL $27,870 $65,000 NOTE:this report only includes projects that were eligible for City of Bremerton funding. EXHIBIT B 2015 COORDINATED GRANT APPLICATIONS 2015 GRC AGENCY/PROJECTIDESCRIPTION REQUESTS RECOMMENDATIONS SUMMARY-CAPITAL BREMERTON HOUSING AUTHORITY—Cottages at Forest Park $600,000 $598,086 Funds will be used to develop 30 Single Room Occupancy Units of Permanent Supported Kitsap County HOME Housing for single men and women ages 18+with chronic severe mental illnesses.Funds will be Bremerton HOME Affordable used to rehabilitate three vacant state-owned buildings in Bremerton.Each unit will have a kitchen Housing Grant Program and bathroom.The buildings will also have an office for community mental health staff on-site. This project is in partnership with Kitsap Mental Health Services.Project will serve individuals county-wide. COMMUNITY FRAMEWORKS—Built in Bremerton 2 $450,000 $345,000 Bremerton HOME Funds will be used to provide down payment assistance for approximately 15 homebuyers participating in the Built in Bremerton homeownership program.Built in Bremerton is a local homeownership program in which Community Frameworks purchases vacant foreclosed,or otherwise dilapidated homes within Bremerton City Limits.The homes are rehabilitated and made available for sale to low-income homebuyers who fall under the 80%Area Median Income limits. EPISCOPAL RETIREMENT COMMUNITIES—Powering Canterbury Manor $30,000 $0 Funds will be used to acquire and install an emergency generator for Cantebury Manor,located in East Bremerton,which provides rental housing for 86 senior residents. HABITAT FOR HUMANITY—North Montgomery Ave.Home $87,200 $0 Funds will be used to rehabilitate a distressed,bank owned property located in Bremerton.The property was donated to Habitat who will work in partnership with a low income family to complete rehabilitation work. HOLLY RIDGE CENTER-Baby Steps to Play $75,000 $54,372 Funds will be used to renovate the Infant/Toddlers Early Intervention Program's main playground Bremerton CDBG at the Taylor Road Building in Bremerton to exceed the level of disability accessibility mandated by ADA.This project will directly benefit 410 toddlers with developmental delays within the Bremerton and Central Kitsap School Districts. HOUSING KITSAP(KCCHA)—Conifer Woods Roof Replacement $187,508 $187,508 Kitsap County CDBG Funds will be used to replace the roofs at the Conifer Woods Apartments,a 72-unit rental housing complex located in Port Orchard,serving households with incomes below 60%of area median income.The property consists of 24 2-bedroom and 48 3-bedroom units located in 9 3-story buildings.The property also has a community center building and two maintenance garages. HOUSING KITSAP(KCCHA)—Heritage Apts.Exterior Painting $138,900 $0 Funds will be used to cover the cost to repaint the exterior of the Heritage Apts.,a 56-unit apartment complex in Port Orchard serving extremely low income households,including households with children.The property consists of nine 2-story buildings,8 1-bedroom,40 2- bedroom and 8 3-bedroom units.•100%of the units have rental subsidy. HOUSING KITSAP(KCCHA)—Single Family Housing Rehab.Program $225,000 $225,000 Funds will be used to provide home rehabilitation loans or emergency grants to 12-14 households Kitsap County CDBG for repair,health,safety and ADA needs to owner occupied homes for low and very low income residents in Kitsap County.Preservation of housing for the elderly,disabled and families is the goal of the program. HOUSING RESOURCES BOARD-Ferncliff Village Townhomes $300,000 $0 Funds will be used for the development of 16 new townhomes that will be affordable to households at low and moderate income levels.This is Phase II of a mixed income subdivision located on Bainbridge Island with shared common spaces including a community garden, .playground,public trail and open space.Ferncliff Village is part of HRB's Community Land Trust. Grant funds will be used for construction&site development costs. EXHIBIT B 2015 GRC AGENCY/PROJECT/DIESCRIPTION FUNDING FUNDING REQUESTS • D• • KITSAP COMMUNITY RESOURCES—BEST Micro Enterprise $87,000 $65,000 Funds will be used for operating expenses to run the BEST program.The program's goal is to Kitsap County CDBG increase household income for low-income individuals by providing a comprehensive training Bremerton CDBG program,at minimal cost,for participants to start,launch and expand micro-businesses.Program will benefit 83 individuals. KITSAP COMMUNITY RESOURCES—Weatherization 8 Minor Home Repair $250,000 $204,671 Funds will be used to provide Weatherization and minor home repair to 40 low-income Kitsap County CDBG households throughout Kitsap County,including the City of Bremerton.Priority is given to the Bremerton CDBG elderly,people with disabilities,and children.The focus of the work is on improving the energy efficiency,health and safety of homes. KITSAP COMMUNITY RESOURCES—West Hills STEM Preschool $150,000 $72,497 Funds will be used to build two new(replacement)classrooms on the West Hills campus in order Bremerton CDBG to continue serving the low-income at risk children and their families KCR is currently serving in the Early Childhood Education(Head Start)program.Program at this site serves up to 72 children each year.Project was awarded$300,000 in CDBG funds in the 2014 cycle. KITSAP RESCUE MISSION—Safe Harbor $50,_000 $50,000 Homeless Housing Grant Funds will be used for the renovation of an existing building in Bremerton which will serve as an Program emergency overnight shelter for up to 40 homeless men,women and children on the first floor.It will house a recovery program for 20 men and 10 women on the second floor. MARTHA&MARY—Energy Efficiency Window Rep/acment $75,000 $75,000 Funds will be used for the installation of 157 energy-efficient windows in Martha&Mary's Health Kitsap County CDBG and Rehab.Center in Poulsbo.New windows will reduce costs and increase resident comfort.The facility serves frail elderly and 70%of those served are funded by Medicaid and are low income. NEW LIFE—West Bremerton Community Campus $200,475 $0 Funds will be used for the development of two facilities on a centralized campus in West Bremerton designed to address the needs of youth.The project includes a recreation center with gym,health services,and youth/family development activities,and an economic empowerment center for youth/young adults.Facility would serve 6,000 low-income individuals. SHELTER AMERICA GROUP—Kitsap Co.Portfolio Preservation $750,000 $0 Funds will be used in the acquisition and rehabilitation of two existing affordable senior rental housing communities in Silverdale(Silvercrest Senior Apt.-42 units)and Port Orchard(Conifer Ridge Senior Apt.-40 units).Both projects were financed under the USDA 515 Housing Program and are now eligible for loan prepayment which would nullify their status as low income senior and disabled housing.Grant funds would be used for construction/rehab.costs. Please Note:The number of individuals/households served reflects the number included in the application.Reduced funding may result in fewer individuals/households served.The number served will be adjusted at the time of contract execution based on the final amount of funds awarded. City of Bremerton Recommendation City of Bremerton Eligible EXHIBIT B 2015 COORDINATED GRANT APPLICATIONS SUMMARY -REVISED 2015 GRC AGENCYIPROJECT/DIESCRIPTION REQUESTS RECOMMENDATIONS SUMMARY—SERVICES (Non-Capital) AGAPE—Koinonia $47,415 $25,000 Funds will be used to supportoperations and maintenance costs including salary and benefits of a I Affordable Housing Grant part-time(.25 FTE)maintenance staff for the Koinonia Inn Transitional Housing Program in Port Orchard.Koinonia provides 14 transitional housing beds for six pregnant/parenting women and up to eight of their children while they participate in outpatient chemical dependency treatment.The 'program will benefit 17 unduplicated individuals with incomes between 0-30%AMI. I AGAPE—Sisyphus II Housing $68,993 $43,902 Funds will be u s-_e d to support the salary and benefits of a.50 OF maintenance staff and 1 FTE i Homeless Housing Grant case manager at Sisyphus II Housing Program.The Program will provide permanent housing and i Affordable Housing Grant supportive services for 80 chemically dependent individuals and their families that are homeless, ;disabled,or low income while they participate in outpatient chemical dependency treatment. 78 participants are between 0-30%AMI and 2 are between 31 -60%AMI. I BOYS&GIRLS CLUB—Bremerton Teen Initiative $20,000 $14,700 Funds will be used to support a portion of the salary of the Site Coordinator at the Bremerton Teen Bremerton CDBG Center.The teen center provides activities and youth development for 1,000 Bremerton area teens ages 13 to 18 during non-school hours. Over 50%of teens served are below 50%of AMI. BOYS&GIRLS CLUB—Bremerton&South Kitsap $20,000 $10,000 Funds will be used to support a portion of the salary of the Site Coordinator positions at the I I Kitsap County CDBG Bremerton&South Kitsap Boys&Girls Clubs. The Boys&Girls Clubs provide after school and summer programs to 1,100 youth ages 6 to 12 years of age to help them grow to be productive, caring,and responsible citizens. i BREMERTON FOODLINE—Agency Salaries $15,000 $15,000 :Funds will be used for salary support for the Bremerton Foodline staff in the program positions of Bremerton CDBG Operations Supervisor,Office Services Coordinator and Driver providing the service of emergency .food support to 7,665 unduplicated low income and disadvantaged populations in the Bremerton -School District boundary. !BREMERTON HOUSING AUTHORITY—Barista Job Training Program $_10,000 $0 !Funds will be used for program supply costs and to provide stipends for 25 trainees to offset out-of- r ;pocket costs(clothing and transportation)associated with the Barista Training Program.This is an 'intensive 8-week on-the-job-training program to train people(20 hours/week)in the art of making hot and cold drinks and skills needed to start careers in operations of esspresso bars or cafe facilities. i BREMERTON HOUSING AUTHORITY—Rental Assistance for the Hard to House $90,000 $66,430 .Funds will be used to provide rental assistance for 35 mentally ill individuals who are being released ( Homeless Housing Grant from institution settings.In partnership with KMHS,participants will receive intensive case I ;management and stable housing.Combined wrap-around services will prepare this population for successful transition into community living situations and permanent housing. BREMERTON SERVICES ASSOCIATION—Chuckwagon Meals on Wheels $30,000 $30,000 ;Funds will be used for the actual unit meal cost for 25,000 meals delivered by volunteer and staff Bremerton CDBG drivers to 200 medically-homebound low-income seniors,aged 60 years and older,living in Kitsap County. (CANTERBURY CARE CENTER-Keeping CCC an Affordable Community Resource $60,000 $0 Funds will be used to subsidize the costs of the program for low-income seniors.CCC is a weekday program where vulnerable seniors engage in satisfying,healthful activities in a safe,secure environment while familylcaregivers work or take care of personal needs. CATHOLIC COMMUNITY SERVICES—Benedict House $169,517 $92,629 Funds will be used to pay for the daily operating and maintenance costs,including primary on-site i Homeless Housing Grant supportive services(such as case management)of Benedict House a shelter and transitional living j Affordable Housing Grant program for men experiencing homelessness,including single men with minor children.Costs I I include program staff salaries and benefits,facility upkeep,and other allowable costs.The program I will benefit 125 homeless men and their children. i I EXHIBIT B 2015 GRC AGENCY/PROJECT/DESCRIPTION REQUESTS • D• • 'CATHOLIC COMMUNITY SERVICES-Benedict House Integrated Case Management Pilot $83,382 $37,960 Funds will be used to pay the salary costs of an Integrated Case Manager(ICM)who would be Homeless Housing Grant housed at the Benedict House Men's Shelter.The ICM will be a resource specialist and provide an individualized service plan for each resident,matching the most current housing and services available with the residents needs. CATHOLIC HOUSING SERVICES-Max Hale Services and O&M $86,098 $53,470 Funds will be used to support salaryand benefit costs of the Resident Services Coordinator and Homeless Housing Granti (Maintenance Technician at the Max Hale Center,a 53 unit permanent housing facility for low-income, i Affordable Housing Grants 'men,women and families.33 units are set aside for formerly homeless adults,20 targeted to very I low income,and 12 units for people with disabilities.All of these apartments are restricted to lapplicants earning less than 50%of the Area Median Income. j CENTRAL KITSAP FOOD BANK-Food Distribution_ $35,000 $30,000 Funds will be used to support employee salaries of the Executive Director,Office Kitsap County CDBG Manager/Bookkeeper,Food Bank Supervisor and the Warehouse Manager/Driver to maintain and .operate daily and regular services for food distribution and access to 6,600 low income individuals in .the Central Kitsap School District Boundary.In addition to the walk-in food bank,Central Kitsap .Food Bank also serves seniors who are shut-ins. HELPLINE HOUSE-Community Support Services $14,450 $10,000 Funds will be used for partial salary costs of one professional social worker as part of the agency's I Kitsap County CDBG Community Support Services program.The program utilizes four masters level social workers and twill provide one-to-one scheduled and on-call assessments,referrals,support services and limited financial assistance as a bridge to stability for 1,180 individuals on Bainbridge Island and I I surrounding communities.More than 50%of those served are below 50%of AMI. HOPE IN CHRIST MINISTRIES-Homeless Youth Services ; $105,952 $80,665 :Funds will be used to pay the salary,taxes and benefit costs of 1 FTE Cae Manager, 1 FTE Shelter Homeless Housing GrantF .Counselor,and 1 FTE Drop-In Center Supervisor,splitting the costs among the three locations (Bremerton,Port Orchard,and Poulsbo).The program will provide drop-in resources and case .management services to 472 homeless youth including assistance and support in securing a safe •place to live,a legitimate income,a non-street-dependent support system,and reconciliation with 'family. HOUSING KITSAP-Housing Stabilization Program $_200,000 $113,880 Funds will be used to rovide rental assistnace to 60 income qua ho--u- below 50%AMI -r -' - --- p q ( ) i ! Homeless Housing Grant ,who are homeless or at risk of homelessness and to pay Kitsap Community Resources for contracted Case Management Services and to cover a small portion of Housing Kitsap I administrative time.The program allows participants to secure housing that is affordable based on i their individual household income in existing non-subsidized units owned by Housing Kitsap. HOUSING RESOURCES BOARD-Rental Assistance $80,000 $42,138 Funds will be used to provide rental assistance to help households at or below 50%AMI,living in HRB's permanent,affordable properties avoid homelessness by lowering their rent burden. j ;KITSAP ADULT CENTER FOR EDUCATION-Educational Training j $15,000 $10,000 Funds will be used to support a portion of staff salaries including the Director,ABE/GED Intructor i Kitsap County CDBG ;and Program Assistant for adult education services interwoven with transitional services.The program will provide services to assist 250 individuals(primarily below 50%AMI)to transistion into ithe workforce and/or higher education through mentoring,goal-setting and curriculum design/lesson i planning. KITSAP COMMUNITY RESOURCES(KCR)-Continuum of Care Coordinator $52,935 $37,960 Funds will be used to pay for a 30 hour/week Continuum of Care Coordinator,Washington Low Homeless Housing Grant Income Housing Alliance dues for Kitsap County and some incentive items to be distributed at the Project Connect event.The Continuum of Care Coalition,comprised of 46 member organizations, provides a system of coordinated services to assist homeless persons move from homelessness to self-sufficiency. EXHIBIT B 2015 GRC AGENCYIPROJECT/DESCRIPTION REQUESTS • • • • ;KITSAP COMMUNITY RESOURCES(KCR)—Homeless Children&Family Services _$200,000 _ $146,574 Funds will be used for partial staff costs of the Housing and Homeless Services Manager,3 Family 1 '-- Homeless Housing Grant Development Specialists(case managers),a resident manager,2 maintenance personnel,supplies, i Consolidated Homeless Grant maintenance,and rental assistance which supports the following services under the Homeless I i Services Program:Emergency Shelter;Safe Park;Transitional and Supportive Housing,Permanent Supportive Housing;Community Voicemail;Homeless Childcare;and Prevention of Eviction and !Rapid Re-Housing.Services will be provided to 874 individuals below 50%AMI. i --- -- KITSAP RECOVERY CENTER(KRC)—Emergency Housing Program 2015 $131,400 $56,940 F7.unds will be used to support a portion of the Director and staff costs plus supplies,operations and Homeless Housing Grant maintenance,utilities and meals in emergency housing within the Kitsap Recovery Center(KRC)by .dedicating four(4)male beds and(2)female beds for 75-100 homeless adults. KITSAP RESCUE MISSION-F_resh Start $25,000 WITHDRAWN `Funds will be used to support a portion staff salaries,supplies,administration and operating costs of !the Fresh Start Program.The program will provide services to 11 homeless individuals through a ! 'three-phase design to allow a person to focus on the issues that have led to their broken state and I j !back to a position of responsibility and community awareness. I j — I KITSAP SEXUAL ASSAULT-Child Abuse Intervention $15,000 $12,500 Funds will be used to for a portion of a Child&Family Advocate's salary who will provide advocacy Kitsap County CDBG and crisis intervention services for 134 children and persons with developmental disabilities who ,have been sexually abused and for their non-offending family members/caregivers. .. ........ ..... . . . . . . . . - .... ._. _..... _. . ... 1. ......... . . . _. . . . - .. .. - _. . ... ... ..- NORTH KITSAP FISHLINE—Homeless Support Services $55,000 $37,960 --- -- ._._........------------ T------- —— Funds will be used to provide housing for emergency housing;first month's rent or deposit; + Homeless Housing Grant mortgage/rental assistance;housing scholarships;alternative housing(camp site fees or hotels)to assist 1850 individuals who are at risk of being homeless or are already homeless. IRMH—Untreated Mentally III $20,160 $0 ,Funds will used to support staff salary of Intensive Case Manager/Psychiatric Nurse,lease,and insurance for program serving 6-12 chronically mentally ill residents diagnosed with schizophrenic :and bipolar(manic-depressive)disorders that have no access to other mental health services. SOUTH KITSAP HELPLINE—Staff Funding Assistance $65,252 $51,810 Funds will be used for a portion of payroll costs for the Executive Director,Operations ! Kitsap County CDBG !Coordinator/Bookkeeper and a new part-time administrative support position at the food bank.South !Kitsap Helpline provides groceries and other assistance including utility bills,rental assistance, !prescriptions,gas vouchers and motel stays for 12,000 unduplicated individuals in the South Kitsap !School District Boundary. III THE SALVATION ARMY-Homeless Support Services $40,_000 $37,960 Funds will be used to pay for transportion and other resources for 750 homeless clients in need of Homeless Housing Grant 'support services and employment search activities. 'WEAVER FOUNDATION—Georgia's House O&M $66,480 _ _ $0 Funds will be used to sustain the shelter operations for 200 homeless women and children of Kitsap I ,County to include partial staff costs to the director and administrative staff,and providing personal !needs items for the residents. ! I WEST SOUND TREATMENT CENTER—Compass Vocational Services $75,886 $47,450 _ Funds will be used for partial salaries and benefits for two FTE Compass Navigators and wil I Homeless Housing Grant' contribute to program operations and maintenance for rent,supplies,and participant incentives.The program will assist 650 low income individuals through individualized and customized vocational assessment, 1:1 counseling,and skill building workshops. EXHIBIT B 2015 GRC AGENCYIPROJECTIDESCRIPTION REQUESTS • D• • WEST SOUND TREATMENT CENTER—Forward Bound $55,994 $29,235 !Funds will be used for partial salaries and benefits for 2 FTE case managers and for partial Homeless Housing Grant operations and maintenance expenses.The program provides 14 chronicall homeless,high-need Affordable Housing Grant level families experiencing multiple barriers with permanent housing,intensive case management, critical support wrap-around services and vocational assessment and skill-building using evidenced based models and best practices. WEST SOUND TREATMENT CENTER— Lighthouse $50,366 $28,049 Funds will be used to subsidize a portion of salaries for 1 FTE Housing Case Manager and Homeless Housing Grant operations and maintenance at the Lighthouse House,permanent safe and sober housing.8 low/no Affordable Housing Grant income chronically homeless men who are experiencing behavioral health conditions will receive on- site intensive case management and wrap around services. WEST SOUND TREATMENT CENTER— O'Hana House $59,657 $33,072 Funds will be used to subsidize a portion of salaries for 1 FTE Housing Case Manager and Homeless Housing Grant operations and maintenance at O'Hana House,permanent safe and sober housing.8 low/no income, Affordable Housing Grant chronically homeless women and their children who are experiencing behavioral health conditions will receive on-site intensive case management and wrap around services. WEST SOUND YOUTH FOR CHRIST —ILS Housing Specialist $72,485 $56,940 Funds will be used for staff salary and the costs associated with securing youth housing(rental Homeless Housing Grant assistance).Independent Living Services(ILS)will assist 45 youth transitioning out of the foster care system through intensive case management including financial and life skills coaching,connection to community resources,being a liaiason between youth and landlords,and awarding rental :assistance.The goal is to reduce homelessness among former foster youth. !YMCA—Child Care Scholarships i $25,000 $20,000 Funds will be used to provide 75 scholarships to allow eligible low-income children(ages 5-12)to Kitsap County CDBGI participate in YMCA Child Care before and after school and as day camp during school breaks. --- — --`--— -- —JI !YWCA—ALIVE Advocacy Services I $26,500 $0 Funds will be used to support the partial staffing costs for the Legal and Family Advocates and "administrative expenses for the ALIVE Advocacy Services Program.This program provides a comprehensive range of services for 950 victims of domestic violence and their children. 1. YWCA—Shelter Transitional Housing _ $__5_5_,0.00 P T Affordable Housing Grant 'Funds will be used for operations and maintenance of the ALIVE Shelter in Bremerton,two , transitional housing units in Silverdale and two transitional housing units in Poulsbo.The units provide emergency and transitional housing,along with comprehensive supportive services to 75 ;survivors of domestic violence and their children. Please Note:The number of individuals/households served reflects the number included in the application.Reduced funding may result in fewer individuals/households served.The number served will be adjusted at the time of contract execution based on the final amount of funds awarded. City of Bremerton funding recommendation Eligible-for-City of Bremerton funding EXHIBIT C 2015 Coordinated Grant Funding Recommendations-CAPITAL G l ° QQRM City of Homeless Affordable Kitsap Kitsap County Kitsap City of Bremerton City of Housing Housing Amount Total County Economic County Bremerton Economic Bremerton Grant Grant Housing,Public Facility&ED Applications Requested Funding CDBG Develo ment HOME - _. - ----- - C-DBG -'Development -H OME Pro -ram- P-o-r.a_m _ $45.,0 00 - $12,646J _ -$60 BHA=Cottages at Forest Park8,086 _- ...........1 Community Frameworks-Built in Bremerton 2 F $450,0001F $345,000 $345,000 -- ----- --- - ---- - -- -- --- --- -----,r----- - - Holly Ridge Center=Baby Steps to Play - - -- �-1!- $75,000 L $54,372! Housing Kitsap-Conifer Woods Roof Replacement IF $187,508 $187,508 $187,508 iHousing Kitsap Home Rehabilitation Pro ram $225,OOOi� $225,000 JKCR-BE$T Micro Enterprise $87,000 $65,000• $37,130�C� $27,870��� - -- - -- ---- - - ---- , -------•r--------- - ---- KCR-Weatherization 8 Minor Home Repair _ - - -`-$250,000iI $204,671�i- -$100,710;--- - t ,KCR-West Hills STEM $150,000 $72,49000 $72,497 ,Kitsap Rescue Mission-Safe Harbor $50,000, $50,000; - ....- ---------- ` - -- - -..L..-._.._. ._...._..,._......... !�------°--------�� - ---i� ----�` -- $50,OOOi�-.._.- Martha&Mary-Energy Efficient Windows Replacment $75,000F $75,000 ;`Episcopal Retiremnt Comm'ty-Powering Canterbury Manor $30,000; _$O� _..._.._.._..._._ _ Habitat for Humanity-N.Montgomery Avenue �_ -. _-.__._._..._.-._._--. __- __-_.___.______......-.-_--�_.-__-.fir___.-.____fir-.-.-.-_,� -��--__.--__.-r.-._-_-__ - .-.- - IHousmg Kitsap-Heritage Apartments Exterior Painting - -$138,9001 $0, y--- I: 1, ---- ----. _... - l ....- - --- --..-JL--.---.- iHRB-Ferncliff Village Townhomes $300,000 -- - -NCommunity-- - --- --- T $200,451rew Life-West Bremerton Campus - - -- - -------, -- - - - --- -�r-- ,Shelter America Group-Kitsap Co.Portfolio Preservation $750,000 $0 ��� Total Allocated1l $3,656,083 Lsi.877.1341 $588.21811 $37,13011 $540,44011 $230,83011 $27,870 357 646 $50,00011 $45,000 ��----�I----- --- r �- - -- - -; � I Total Remaining] i! $0.1 -$25,405:1 $25,405' $0;, $0,1 $01i $0;1 $0; $0: Total Available $1,877-1341 $562_813 $62,5351__$540,440 L 230,8.30-L $_2__7,870 L__$3.57__6.46 $.50,0001 $45,000 Allocation of unused ED set-aside'. $25,4051 -$25,405'; $O;i $0.: $0i $01 $0$0 Adjusted Total Available,') 1 $1,877,13411 $588,21811 $37,130;1 $540,44011 $230,830,1. $27,87011 $357,64611 $50,00011 $45,000 2015 NOFA Totals 11 $1,884.615 562 813 $62.5351 $569,3521 $200,4751 24 497 369 943 L_ 50 000 45 000 ! r--- -- --- ----- - - 1 �I -111 Page 1 EXHIBIT C 2015 Coordinated Grant Funding Recommendations-CAPITAL 1QQN0ING CONTINGENCIES ------�--- County HOME: --------�- If funds decrease,reduce BHA as needed _--- ----- :If funds increase,additional funds go to BHA to fully fund.then to offset City funds in BHA. Offset C•_ity funds would follow City HOME instructions below.--�- Ci HOME•: ---------- If funds decrease reduce BHA and Communi Frameworks proportionally �----�--- If funds increase additional funds go to Communi Frameworks up to full re uest -------- Gounty CDBG: ---------- If there is a decrease in fundingreduce WeatheriMRion and IRehab e_v_enly. -�_---�-- If there isan increaNOR MdLW-i Tailt y and the remaining goes to STEM. _�-----� ;Coordinate funding adjustments for jointly funded projects with City --------- City CDBG: ---------- If there is a decrease in funding Holly Ridge then West"Hills. W hen eatherization. -------- �If there is an increase fund Weatherization full and the remaining goes Coordinate funding adiustmenis for jointly funded aroiects with C►.ounty --------- Page 2 EXHIBIT C 2015 Coordinated Grant Funding Recommendations-SERVICES Homeless Affordable Kitsap City of Consolidated Amount Total Housing Housing Services,O&M Applications Requested Funding County Bremerton Grant Grant Housing CDBG CDBG Program Program Grant Agape- Koinonia OM $47,415 $25,000 25,000 Agape-Sisyphus II OM $68,993 $45,000 21,521 23,479 BHA- Hard to House Rental Assistance $90,000 $70,000 70,000 Boys & Girls Club- Brem Teen Initiative $20,000 $14,700 14,700 Boys&Girls Club- Bremerton & South Kitsap $20,000 $10,000 10,000 Bremerton Foodline-Salaries 2014 $15,000 $15,000 15,000 Bremerton Services- Meals for Homebound Seniors $30,000 $30,000 30,000 Catholic Housing- Max Hale OM $86,098 $55,000 30,000 25,000 CCS-Benedict House $169,517 $95,689 60,000 35,689 CCS -Benedict House Integrated Case Mgmt Pilot $83,382 $40,000 40,000 CK Foodbank- Food Distribution $35,000 $30,000 30,000 Helpline House-Community Support Services $14,450 $10,000 10,000 Hope In Christ- Homeless Youth Services $105,952 $85,000 85,000 Housing Kitsap- Housing Stablization Program $200,000 $120,000 120,000 KACE- Transitions for Adult Basic Students $15,000 $10,000 10,000 KCR- Continuum of Care Coordinator $52,935 $40,000 40,000 KCR-Homeless& Housing Services $200,000 $150,000 67,174 82,826 Kitsap Recovery Center- Emergency Housing $131,400 $60,000 60,000 Kitsap Sexual Assault- Child Abuse Intervention $15,000 $12,500 12,500 North Kitsap Fishline- Homeless Support Services $55,000 $40,000 40,000 SK Helpline-Staff Funding Assistance $65,252 $51,810 51,810 The Salvation Army- Homeless Support Services $40,000 $40,000 40,000 West Sound Treatment Center-Compass Vocational $75,886 $50,000 50,000 West Sound Treatment Center- Forward Bound $55,994 $30,000 15,000 15,000 West Sound Treatment Center-O'Hana House $59,657 $33,775 13,775 20,000 West Sound Treatment Center-Light House $50,366 $28,750 13,750 15,000 West Sound YFC- ILS Housing Specialist $72,485 $60,000 60,000 YMCA-Child Care Scholarships $25,000 $20,000 20,000 YWCA- Shelter Transitional Housing $55,000 $25,000 25,000 page 1 EXHIBIT C 2015 Coordinated Grant Funding Recommendations -SERVICES Homeless Affordable Kitsap City of Consolidated Amount Total Housing Housing Services, O&M Applications Requested Funding County Bremerton Grant Grant Housing CDBG CDBG Program Program Grant BHA-Barista Job Training Program $10,000 $0 CCC-Keeping CCC an Affordable Resource $60,000 $0 HRB-Rental Assistance $80,000 $0 RMH -Untreated Mentally III $20,160 $0 Weaver Foundation-Georgia's House $66,480 $0 YWCA-Alive Advocacy Services $26,500 $0 Kitsap Rescue Mission- Fresh Start $0 $0 Application retracted by agency Total Allocated $2,217,922 $1,297,224 $144,310 $59,700 $826,220 $184,168 $82,826 Total Remaining $45,000 $0 $0 $0 $45,000 $0 Total Available $1,342,224 $144,310 $59,700 $826,220 $229,168 $82,826 FUNDING CONTINGENCIES County CDBG If less funding, reduce funding in this order, to the$10,000 minimum: KSAC, CK Foodbank, Helpline House NOTE:Unallocated AHGP of$45,000 If more funding, increase funding in this order, up to 90% requested: YMCA, KACE, B&G, SK Helpline carried over to fund Priority 2 City CDBG Capital Project-BHA Cottages If less funding, reduce funding in this order, to the$10,000 minimum: B&G, Meals on Wheels If more funding, increase funding in this order, up to 90% requested: B&G HHGP If less funding, reduce funding in this order, to the$10,000 minimum: CCS Integrated, KRC Emergency Hsg, HK Hsg Stabilization If more funding, increase funding in this order, up to 90% requested: HICM, KCR Homeless, Westsound YFC AHGP If less funding, reduce funding in this order, to the$10,000 minimum: YWCA, CCS Integrated, Agape Koinonia, WST Fwd Bound, If increased funding, increase funding in this order, up to 90% of funds requested: WST O'Hana, WST Lighthouse, Agape Sisyphus II CHGP If less funding, reduce funding in this order, to the$10,000 minimum: KCR Homeless If more funding, increase funding in this order, up to 90% requested: KCR Homeless page 2 �v C Cit of Bremerton y Communit y -.M NIL- merit p Blocky Grant Pro ram g Planning the Future of Block City of Bremerton Community DevelopmentBloch • Program A Strategic Vision - goals • Make Bremerton the best it can be • Find sustainable solutions to our challenges • Grow long-term prosperity for all • Strive for better, smarter, more effective use of funds City of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision - crossroads. Bremerton at a crossroads. . . City'of Bremerton Community DevelopmentBloch Grant Program A Strategic Vision - crossroads i Change... • Funding allocation has decreased since 2012 formula revision • Allocation process is excessive for the funding available i & Opportunity • 2016 Consolidated Planning begins now • HUD Community Needs Assessment (April 14) points to a new direction (economic development and homeownership housing) • City Council request expressed an interest in exploring a new vision for the future of Block Grant City of Bremerton Community DevelopmentBloch • Program A Strategic Vision - crossroads Current Conditions 1 . Declining funds - CDBG (34% decrease in 2012) $700,000 $631,000 $596,956 $600,000 $500,000 $400,000 „�-----���----�i�}-- $396,716 $300,000 In 2012 HUD introduced changes to the formula calculation for determining $200,000 funding allocations -to Bremerton's disadvantage $100,000 $0 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 City of Bremerton Community Developmenti • • Grant Program A Strategic Vision - crossroads Current Conditions 1 . Declining funds — HOME (38% decrease in 2012, 45% from 2010) $500,000 $450,000 $400,825 $400,000 $350,000 $300,000 $250,000 In 2012 HUD introduced I $248,810 $200,000 changes to the formula calculation for determining $150,000 funding allocations -to f $100,000 Bremerton's disadvantage $50,000 $0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 City of Bremerton Community Development • sGrant Program A Strategic Vision - crossroads Current Conditions 2. Weak Consolidated Plan • Broad brush approach • Everything is a priority • No targeting City of Bremerton Community Developmenti • • Grant Program A Strategic Vision - crossroads Current Conditions 3. Money-driven Process • City is only a funder • Process is "reactionary", not pro-active • Applicants seek funding based primarily on their own agency goals and financial need, not based on the City's priorities 'CO -I O f o Jl U ISU� C."JU U UU U U RY D bO m )l BH@glb (MEl5 O O O U crossroads Current Conditions 3. Allocation process is oversized for the funding available • The "Million-Dollar Process" • Overwhelming number of applications — over 50 this year • Process encourages many applications because there are no clear funding priorities. _ — City of Bremerton Community Development Blocb Grant Program A Strategic Vision - crossroads Moving Forward Strategically 0 0 City of Bremerton Community Developmenti • ? Grant Program A Strategic Vision - crossroads Moving Forward Strategically 1 . Pro-Active approach • Tight Consolidated Plan - Goals and Priorities drive the allocation • Few specific, strategic goals • Targeting — geographic and / or programmatic City,of Bremerton Community • • i • ? Grant Program A Strategic Vision - crossroads Moving Forward Strategically 2. Strategic targeting • Address missed opportunities ✓ Blighted Areas ✓ Broaden Economic Development initiative ✓ Target ongoing problems more effectively, such as homeowner housing, aging housing stock City of Bremerton Community DevelopmentBlock • Program A Strategic Vision - crossroads Moving Forward Strategically 3. Opportunities • Consider utilizing tools such as Section 108 Loan Guarantee, deemed risky under existing program • Consider HUD initiatives such as Neighborhood Revitalization Strategy Areas • New Partnership opportunities City of Bremerton Community DevelopmentBlociz Grant A Strategic Vision - crossroads Moving Forward Strategically 5. Efficiencies • City can streamline program as needed • Flexible and responsive to City needs • Explore Program partnerships • More predictable workload • Continued planning and administration collaboration with Kitsap Block Grant of Bremerton Community DevelopmentBloch • Program A Strategic Vision - crossroads Moving Forward Strategically 4. Measuring Impact • Long-Term accomplishments • More sustainable outcomes • Framework for future prosperity • Further-reaching — "ripple effect" City of Bremerton Community Development Bloch Grant Program A Strategic Vision What would a new Block Grant look like ? City of Bremerton Community DevelopmentBloch • Program A strategic Vision What does a neve Block Grant look like? Option 1: Status Quo • "Broad Brush" Consolidated Plan Priorities, process driven by funds availability • Follow current competitive NOFA with Coordinated Grant Process • CDBG 65% Capital, 15% Services, 20% Administration • HOME 75% unrestricted Capital, 15% restricted Capital (CHDO), 10% Administration of Bremerton Community Developmenti • • Grant Program A Strategic Vision What does a new Block Grant look like? Option 2: Prioritized Approach • Specific, limited Consolidated Plan Priorities; process driven by City priorities and goals NEW • Follow current competitive NOFA with Coordinated Grant Process • CDBG 65% Capital, 15% Services, 20% Administration • HOME 75% unrestricted Capital, 15% restricted Capital (CHDO), 10% Administration City of Bremerton Community DevelopmentBlock • Program A Strategic Vision What does a new Block Grant look like? Option 3: City-Driven Targeted Approach • Specific, limited Consolidated Plan Priorities; process driven by City priorities and goals NEW • Funds competition via City-issued RFP for specific projects to meet identified priorities and goals NEW • CDBG 80% Capital, 20% Administration NEW • HOME 75% unrestricted Capital, 15% restricted Capital (CHDO), 10% Administration • Opportunity to use HUD programs and tools such as Section 108 and Neighborhood Revitalization Strategy Areas. city of Bremerton Community DevelopmentBloch • Program A Strategic Vision What does a new Block Grant look like? Determining the Best Use of Block Grant Funds 1. Are there agencies in the area who's mission is to address the need? 2. Are there other funding sources available to address the need? 3. Will the need be addressed without the initiative of the City? City of Bremerton Community Development Bloch Grant Program A Strategic Vision Example. . . Mt Vernon, WA 0 0 c� City of Bremerton Community DevelopmentBlock Grant A Strategic Vision - example What does a new Block Grant look like? Example: Mt. Vernon, WA Flood Protection Project Summary.- Comprehensive ummary:Comprehensive redevelopment of historic downtown • Goal is to guide investment of public and private resources in the downtown area over the next 20 years • Purpose is to: 1. Protect the City's downtown area from flood damage 2. Enhance public shoreline and river access of Bremerton Community DevelopmentBloch • Program A Strategic Vision What does a new Block Grant look like? Example: Mt. Vernon, WA Flood Protection Project Benefits: 1. Enable redevelopment and economic revitalization to the historic downtown 2. Stabilize and protect both local and state property tax base and tax revenue 3. Critical backbone to a regional shoreline trail system and link to community parks. C� What does a new Block Grant look like? Example: Mt. Vernon, WA Flood Protection Proiect IL I•.;1�.�J`� �1 ���A[1� �f�.. �r}��n �AFv ��r v (�.f AA1�rr 11.�LJ�•�7. k�} �' �t� S A C y A A r N 6 I S R E V E R V lV tv LIP •_�� 14._ CEEVEEAND AVENUE t_o_.l �1 "e lm 4/�S; •'.I��e7 © T 4 E C � .Tt -1 T'4RaSfq UUU � o o.ne fFf ���rn.r —t ASIASE S 5 ear..N1 City • Bremerton Community Development • • Grant Program A Strategic Vision What does a new Block Grant look like? Example: Mt. Vernon, WA Flood Protection Project Economic Benefits 1. 100+ immediate construction jobs 2. +1,800 construction jobs over next 5-15 years due to redevelopment activity 3. 626 new jobs in 5 years and 1,338 within 15 years 4. 125,000 sq ft of new retail commercial 5. 55,000 sq ft of new office space 6. 200 units of high-density residential City of Bremerton Community • • • qGrant Program A Strategic Vision What does a new Block Grant look like? Example: Mt. Vernon, WA Flood Protection Project Economic Benefits - over the next 30 years 7. Cumulative sales tax will increase $156 million 8. Property tax will increase $9 million 9. 2,548 new jobs within the next 30 years • - • • - • • A -� e • is on How block Grant fundsto strategically address long-standing issues ? .... ........ .......... FrIn ^� � !:tl� '�•� ��_' 1. � �` ..- . �.`moi`fir✓:�. � .- ,j�� i �y.5 — - V r COMMUNITYFRAMEWORKS CREATING HOMEOWNERSHIP THROUGH THE A PLACE TO CALL HOME. BUILT IN REMERTON INITIATIVE WE BELIEVE A QUALITY, AFFORDABLE PLACE TO CALL HOME IS A GREAT PREDICTOR OF INDIVIDUAL AND FAMILY SUCCESS. WITH A SUITA- BLE PLACE TO LIVE IN A SAFE NEIGHBORHOOD, A PERSON IS BETTER ABLE TO FOCUS ON WORK, HEALTH AND EDUCATION AND CAN GET TO KNOW BREMERTON OFFICE ❑■ AND HELP THEIR NEIGHBORS. FROM THIS STABLE FOUNDATION, 409 PACIFIC AVENUE, SUITE 105Co!'Yimunity VIBRANT AND THRIVING COMMUNITIES ARE BORN. BREMERTON, WA 98337 Frameworks UFOHOABLE HOUSING SOLUTIONS FOR TIE fiOFf iHWF3T T. 360.377.7738 EXT. 2 ■ MORE INFORMATION CAN BE FOUND ON OUR WEBSITE AT WWW.COMMUNITYFRAMEWORKS.ORG Community ,P% ^, �,,� Adv fl� Frameworks ���" 3[1' AF FOBDPBLE HOUSING SOLUTOIb FOR THE NOBTi&ST [pA•Fl{l0 Y!M{F• •�{ y ��� t a �� • WORKING TOGETHER WITH THE CITY, LOCAL BANKS, REALTORS, NON- x PROFITS AND COMMUNITIES OF FAITH, r-- -- NEIGHBORHOOD STABILIZATION AND REHABILITA- WE CAN LEVERAGE FUNDS AND OTHER - - — - TION WILL BENEFIT THE CITY BY BUILDING ON THE RESOURCES TO HELP REVITALIZE _ MOMENTUM ALREADY GENERATED IN THE DOWN- :, - , -� TOWN WATERFRONT AREA AND SHOW PROSPECTIVE — = ' •l '� BREMERTON S NEIGHBORHOODS. r• _ = �- ,` INVESTORS AND HOME PURCHASERS THAT WE CARE NOT ONLY ABOUT IMPROVING OUR WATERFRONT, '='M ' BUT ALSO ABOUT RAISING THE QUALITY OF LIFE IN �- t` - - - -"- THE NEIGHBORHOODS WHERE WE LIVE. "I USED TO PAY $13 00/mo IN RENT. NOW I PAY AN ABOUT , BREMERTON? AFFORDABLE $800/MO AND IT IS ALL AN INVESTMENT FOR MYSELF AND MY SON INTO OUR NEW HOME." QUICK FACTS AND FAQS HOME BUYING OPPORTUNITIES FOR FIRST-TIME HOMEBUYERS WHO -HOMEBUYER VICKIE OTHERWISE COULD NOT AFFORD A HOME. OUR WHERE CAN I BUY A HOME? COMMUNITY FRAMEWORKS, A NON-PROFIT HOUSING WE WANT TO HELP YOU PURCHASE A NEWLY DEVELOPER AND LENDER, HAS OVER 40 YEARS OF COMMUNTY FRAMEWORKS... RENOVATED HOME IN BREMERTON, WA EXPERIENCE CREATING AFFORDABLE HOUSING SOLU -T-IONS-T-HROUGHOU-T-T-HE-P-ACIFIC-NORT-HWEST-.WE-- _. -T-__.-..-D.EVELOP_ED-OR-PRESERVED 1-,221_RENTAL— WHY REHAB? ARE AN ACTIVE LOCAL PARTNER IN OUR "HOME" 1 L oa UNITS AND 181 HOMES COMMUNITIES. ELSEWHERE IN OUR SERVICE AREA, WE N • ADMINISTERED REHAB SERVICES FOR WE ARE COMMITED TO TRANSFORMING VACANT BUILD LOCAL CAPACITY WHERE IT CAN BE SUSTAINED W 2,900 OWNER OCCUPIED HOMES AND HOMES TO OFFER AFFORDABLE HOMEOWNERSHIP OP- AND PROVIDE SERVICES WHERE IT CAN NOT. WE FO- Z 1 ,700 RENTAL UNITS PORTUNITIES TO FIRST-TIME HOMEBUYERS. WE MAKE CUS ON RURAL AREA AND DISENFRANCHISED URBAN REPAIRS NECESSARY TO CREATE A SAFE, CLEAN AND NEIGHBORHOODS. WE BOTH "DO" AND "TEACH" 1 • LOANED $43.3 MILLION TO 45 PRO- ENERGY EFFICIENT HOME TO BENEFIT THE FUTURE WITH EXPERIENCE IN DIRECT BRICKS AND MORTAR Li GRAMS TO HELP BUILD 2,903 HOMES OWNERS AND PROVIDE CURB APPEAL IMPROVEMENTS DEVELOPMENT AND HELPING OTHERS TO SUCCEED. PROVIDED CONSULTANT SERVICES TO,..�.i V1 • FOR THE GOOD OF THE NEIGHBORHOOD. ", �.,........., 1 � Q MORE THAN 225 ORGANIZATIONS AND COMMUNITIES CAN I DO SOME OF THE WORK MYSELF? WHO _ _ YES! THIS PROGRAM REQUIRES A MINIMUM LABOR is ELIGIBLE? f CONTRIBUTION OF 100 HOURS FROM EACH OWNER, WHICH MAY INCLUDE LANDSCAPING, PAINTING OR INCOME QUALIFIED FIRST-TIME HOMEBUYERS* OTHER FINISHING TOUCHES. A REDUCTION IN SALE fwPRICE WILL BE PROVIDED FOR YOUR LABOR! FY ' 14 INCOME LIMITS SUMMARY KITSAP COUNTY, WA n ;;l WHAT IS MY NEXT STEP? ;' SET UP AN APPOINTMENT WITH COMMUNITY FRAMEWORKS TO SEE IF YOU ARE ELIGIBLE. Family Size 1 person 2 people 3 people 4 people 5 people 6 people 7 people 8 people _ ._ ,,:;r� CONTACT COURTNEY KIPFER, MLO 992570 Max Income '' T. 360.377.7738 x.316 Per Year $41,450 $47,400 $53,300 $59,200 $63,950 $68,700 $73,450 78,150 , I k. r EMAIL:COURTNEYK@COMMUNITYFRAMEWORKS.ORG *First-time homebuyer defined as anyone who has not owned a home in the last 3 years. ` e VISIT US WWW.COMMUNITYFRAMEWORKS.ORG huduser.org/portal/datasets/il//*12014/Se/ect_Geography odn `� COMMUNITY FRAMEWORKS CREATING HOMEOWNERSHIP THROUGH THE BUILT IN BREMERTON PROGRAM AREA MAP OF HOMES BEFORE AFTER BEFORE AFTER _ F •i - ' 4:� 3021 Eagle Avenue 2552 Fir Avenue �}.- APPRAISED VALUE INCREASE APPRAISED VALUE INCREASE a $150,000 $135,000 BEFORE AFTER BEFORE AFTER N \ \ (ton CCYM-1 NG 2303 10th Street N�� 1107 Ohio Avenue Yi][tj APPRAISED VALUE INCREASE „►�"` PROJECTED VALUE INCREASE $69,000 BEFORE AFTER $67,000 r KEY 3111 1st Street f y�Fra 4m@ orks Home Location AIfORABLE HOUY i450L 10N5 FOilT1E N0 RlIYlEST APPRAISED VALUE INCREASE $86,000 COMMUNITY FRAMEWORKS CREATING HOMEOWNERSHIP THROUGH THE BUILT IN BREMERTON PROGRAM AREA MAP OF HOMES BEFORE AFTER ,.---'' Tracyton t� BEFORE AFTER IL t i • * "i \ 0 3318 Phillips Avenue 2123 21St Street w APPRAISED VALUE INCREASE IF.■.{,. APPRAISED VALUE INCREASE $74,000 $75,000 J. BEFORE AFTER e � ;, BEFORE AFTER 2325 10th Street r "°�� non 3107 Eagle Avenue APPRAISED VALUE INCREASE APPRAISED VALUE INCREASE $62,000 , - — $55,000 BEFORE AFTER Navy � � BEFORE AFTER Yea r d; BREMERTON OFFICE 409 PACIFIC AVENUE, SUITE 105 BREMERTON, WA 98337 Frameworks ■ AFFORDABLE HOUSING SOLUTIONS FOR THE NORTHWEST 625 North Lafayette Avenue T. 360.377.7738 EXT. 2 ❑� ■■ 21178 th Street APPRAISED VALUE INCREASE APPRAISED VALUE INCREASE $70,000 MORE INFORMATION CAN BE FOUND ON OUR WEBSITE AT WWW.COMMUNITYFRAMEWORKS.ORG $78,500 KEY �lltfU� 7Qi .- � Home Location CNA{�{RIOMIY{{■ �.,_-,�, 7 ..•r. lQw.ii% 1f ,: . . AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Quasi-Judicial Hearing on Study Session Date: Quasi-Judicial Resolution No. 3234, regarding recovery of COUNCIL MEETING Date: November 5, 2014 fees for abatement costs on the property Department: DCD located at 1127 N. Callow Avenue Presenter: Janet Lunceford Phone: (360)473-5213 SUMMARY: Pursuant to a Kitsap County Superior Court Order, the City hired a contractor to demolish the dilapidated building located at 1127 N. Callow Avenue. The work was completed on October 3, 2014. The owner of the property, Benjamin Nelson, surrendered the property to Bank of America in a bankruptcy action, but Bank of America has not foreclosed on the property. Bank of America agreed to demolish the building, but failed to do so in a timely manner, and the City moved forward with the Warrant of Abatement and demolished the house. The cost of the work totaled $5,978.50. The cost of process service, filing fees, the asbestos survey and administrative fees were paid by Bank of America in April of 2014. The Notice of Hearing was published in the Kitsap Sun on October 10, 2014, was posted on the property, was emailed to the owner's attorney and was mailed by both regular and certified mail to Bank of America. Following a quasi-judicial hearing, the Council must decide if the fees are just and reasonable, and how they should be collected. ATTACHMENTS: Resolution No. 3234 Clerk's Memo, dated October 6, 2014 Declaration of Posting, dated October 6, 2014 Declaration of Mailing, dated October 7, 2014 E-mail to Richard Seward, dated October 6, 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: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3234, ordering that the fees incurred for demolition of the building on the property located at 1127 N. Callow Avenue, 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. 3234 A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for demolition of the house on the property located at 1127 N. Callow Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for demolition of the house on the property located at 1127 N. Callow Avenue; and WHEREAS, Section 1.04.120 of the Bremerton Municipal Code allows the City to recoup these costs 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); and 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 the 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 with charges therein, modify the report or reject the report; and WHEREAS, on October 6, 2014, the City caused notice of hearing to be posted on the property involved and e-mailed to the owner's attorney, on October 7, 2014 served by certified mail, postage prepaid, addressed to Bank of America, and on October 10, 2014, published by a legal advertisement in the Kitsap Sun; and WHEREAS, on November 5, 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 1127 N. Callow Avenue, 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 SECTION 2. The abatement charges, set forth in Exhibit A attached hereto, included in the report of the Code Enforcement Officer of the Department of Community Development for the property located at 1127 N. Callow Avenue, 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 2 EXHIBIT A CONTRACTOR COST $59978.50 ASBESTOS SURVEY AND REMOVAL Paid ADMINISTRATIVE FEE Paid SUPERIOR COURT FILING FEES Paid PROCESS SERVICE Paid TOTAL $5978.50 3 Department of Community Development 345 6th Street Suite 600 III' r c T r o. R Bremerton, WA 98337-1873 t/ BREMERTON ; Telephone: 360-473-5213 . ro�rurnr Fax: 360-473-5278 Janet Lunceford&i.bremerton.wa.us Janet Lunceford,Code Enforcement October 6,2014 Memo To: Shannon Corin, City Clerk From: Janet Lunceford, Code Enforcement Officer _.- Ree 1127 N. Callow Avenue Pursuant to a Warrant of Abatement issued by Kitsap Superior Court,the City hired a contractor to demolish the dilapidated house located at 1127 N. Callow Avenue. The cost of this action totaled$5,978.50. Bank of America originally intended to perform the demolition and paid the filing fees,process service costs,the asbestos survey fees and the Administrative Fee from Rate Table C of the Bremerton Municipal Code in April of 2014. However,Bank of America failed to demolish the structure in a timely manner and the City proceeded with the demolition;thus, the only cost left to pay is the demolition cost. I have scheduled a public hearing for approval of a lien for November 5,2014. 0 1 .2 3 4 5 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON 1N AND FOR 8 K SAP COUNTY,WASHINGTON 9 CITY OF BREMIERTON,a Washington Case Na: 13-2-01194-0 10 municipal 000poratton, . STIPULATION AND ORDER TO 11 PWntK ABATE NUISANCE 12 VS. 13BENIAM N NELSON and BANK OF 014 AMERICAN.A., 15 Dchndanta. 16 L STIPULATION 17 Plamuff City of Bremerton("the City")and Defendant Benjamin Nelson 18 ("Nelson")stipulate as follows: 19 1. That Defendant Bank of America,N.A.(`Bank")las not appealed or answered 20 the Fnst Aid Complai t,and a default order has been entered against Bank; 21 22 " 2. That Nelson is the legal owner of the real plropaty at issue in this can, 1,127 23 North Callow Avenue,Bremerton,Washington and 1129 North Callow Avenue, 24 Bremerton,Washington(collectively"The Properties"); 25 026 Stodation and Order to Abele Na mmm-1 ROOM a LVWVXH 3456+h 3ft=.80M600,BfamWWG,waehIvVO M37 Phone 30473-2345 Fas 360473-5161 4 w � Yi 01 3. That Nelson is in default of the mortgages held by Bank on The Properties,but 2 Bank hes not begun f0rec10=0 prnoeedings and does not appear interested in taking 3 ownership or responsibility of The Properties; 4 4. That The are vat,are in , Properties disrepair,have accumulated garbage and S 6 debris`are constantly being broken into,are being used by vagrants without Nelson's 7 consent,and are an attractive nuisetee. 8 S. That Chapter 1.04 BMC obligates a person responsible for real property to 9 ensure that the property is maintained ac cording to the provisions of the BMC. 10 6. That The Properties are a public nuisance pursuant to BMC 6.02.020(m)and 11 (nj which declare the following a public nuisance: 12 (m) Buildings or structures which are abandoned,vandalised,partially 13 destroyed,or permitted to remain in a static of partial construction or partial demolition in such a state as to constitute an attractive nuisance; 014 (n) The failure to safely and completely close,maintain and secure all 13 Sys'windows or other openings into vacant struChues or to secure broken windows to secure the strimm from unauthorised entry, 16 7 That Nelson wants to abate nuisance on The Properties by demolishing the 17 buildings on The Properties,but he does not have the financial means or incentive to 18 do so; 19 20 B. That if the buildings are allowed to remain on The Properties,the buildings are 21 likely to deteriorate more and create a greater nuisance. 22 9. That between the City and Nelson,the City is in the best position to abate the 23 nuisance. 24 10. That if the City abates the nuisance by demolishing the buildings on The 23 Properties and removing the debris from The Prop arties,the City should have a lien 026 against The Properties,pursuant to RCW 35.80.030 or any other law. Stipulation and Order to Ala*Nuisance-2 ROGER a 1.UBOVKH MREMZRTM CITY ATrQRM 343 6&Stmet.Suite 600.Bmm rt^Weftpon 98337 Aeeaoc 360473-2343 Few. 360473-3161 1 11. That the Court should enter an order 1)that The Properties are a nuisance under 2 BMC 6.02.020(m)and(nj 2)that buildings on The Properties should be demolished 3 and the debris remaved in order to abate the nuisance,3)that the City may abate the 4 nuisance by demolishing the buildings on The Properties and removing the debris,4) S that the City may enter onto The Properties in order to abate the nuisance,S)that if the 6 7 City abates the nuisance,the City is entitled to alien in the amount of the City's costs 8 to abate the nuisance,including but not limited to,the coat to hire a private contractor 9 to demolish the buildings and remove the debris,administrative costs,legal costs, 10 attorney's fees,and any other costs associated with the abatement of the nuisance,and 11 6)that the cost of the abatemet may be put on the county tax rolls as part of the 12 general taxes puasuant to RCW 35.80.030(h). 13 bated this 1441 day of zc 2013. 014 Roger A.Lubovlch 15 Bremerton City Attorney 16 By. 4,1 17 Marls E. WSBA#26212 Benjamin Nelson Attorney for Plaintiff City of Bremerton Pro Se Defendant 18 19 IL ORDER 20 Based on fire above stipulation,It Is Ordered: 21 1. That The Properties are a nuisance under BMC 6.02.020(m)and(n); . 22 2. That the buildings on The Properties should be demolished and the debris 23 removed in order to abate the nuisance; 24 25 3. That the City may abate the nuisance by demolishing the buildings on The 026 Properties and removing the debris; Stipulation and Order to Abate Nuisance-3 ROOM A.LUBOvICH BREWERTCH CITY ATTORNBY 343 66t 9ueK Saito 60A Brmamram,Woolen W37 Phow 360-473-2345 Fox 360473,5161 t 1 4. That titre City may enter onto.The Pn gxwties in order to abate the nllisemce; 2 5. That if the City abates the nuisawc,the City is entity to a lien in the amount 3 of the City's costs to abate the nuisance,including but not limited to,the cost to hire a 4 private contractor to demolish the buildings and remove the debris,administrative 5 costs,legal casts,attioppy's Sees and any other costs associated with the abatement of 6 y the nuisance,and 8 6. That the coat of the abatement may be put on the county tax rolls as part of the 9 several taxes purmu nt to RCW 35.80.030(h). 10 ENTERED this 14M day of 2013. 11 JENNIFER& FORBES 12 KMAP COUNTY SUPERIOR COURT JUDGE 13 Presented by: 014 Roger A.lAbovM 15 Bremerton City Attorney 16 By. 17 Mark E.KoodM WSBA#26212 Attorney for Plaintiff City of Bremerton 18 App vved for Entry; 19 Notice of Presentation Waived: 20 21 Benjamin Nelson 22 Pro Se Defendant 23 24 25 026 SdpWadw and Order to Abate Nuisance-4 ROMA.LUBOVICIH BRfiWM'lM CITY MORNEY 343 61h Street Siwe 600,6watw%WwWgpm 95337 Fb= 360-473.3343 Fox 30473-5161 Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 Telephone: 360-473-5213 rw�wrr or• ro or•eu urrrr J -�- Fax: 360-473-5278 Janet Lunceford@cl bremerton.wa.us Janet Lunceford, Code Enforcement April 3,2014 INVOICE Bank Of America ATTN: Dan Fredriksen 1757 Tapo Canyon Road Simi Valley,CA 93063 re: 1127 N.Callow Avenue,file#C12 0335 The City of Bremerton has incurred costs for actions on the above address as follows: Asbestos Survey $ 530.00 Process Service Fee $ 33.75 Superior Court Filing Fee $ 120.00 Administrative Fee $ 450.00 Total $1,133.75 Please remit this amount immediately to: City of Bremerton Financial Services 345—6'h Street,Suite 600 Bremerton, WA 98337 Thank you for your cooperation in this matter. Janet K. Lunceford Code Enforcement Officer cc: file f C OF BREMERTON F NCE DEPARTMENT 45.. XTSTREET STE. 600 Payee Number Check Date Check Number BR TON; WA 98337-1873 10225857 04/16/2014 0000944280 Reg# RM ; 005-00040797 [ JEANETTE ] Invoice Discount WH Tax Net Amount Amount Amount Amount Acc no Date: Mon, Apr 21, 2014 114 1,133.75 0.00 0.00 1,133.75 Date/Time: Mon, Apr 21, 2014 10:27 AM 7 N CALLOW AV ABATEMENT CHARGES REF 0: FEE AMOUNT: $ 1,133.75 --------------------- RECEIPT TOTAL = $ 1,133.75 Payment Data: Pmtss :1 Payer: BANK OF AMERICA Method: CK Refs«: 1127 N CALLOW AVE AMOUNT = $ 1,133,75 RECEIPT SUMMARY TOTAL TENDERED = $ 1,133.75 RECEIPT TOTAL = $ 1,133.75 (MANGE DUE _ $ 0.00 HAVE A NICE DAY! u:1.0.3924 00-08-6496B 12• GOODS AND SERVICES AGREEMENT 0 THIS AGREEMENT,is entered into between the City of Bremerton,a Washington Municipal Corporation("City"),and TRS Trash Removal Services LLC("Vendor"),whose mailing address is:P.O.Box 5255,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: Vendor will disconnect any and all remaining utilities at the subject property and demolish,haul and dispose of nuisance vegetation and the house at subject property.The subject property is located at 1127 North Callow Avenue,Bremerton,Washington. 2. TIME 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. 3. COMPENSATION. The City shall pay the Vendor the total amount of$5,978.50,which includes applicable Washington State Sales Tax,for the goods,materials and services contemplated in this Agreement. 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 pad 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 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 Vendors failure to complete with federal,state or local laws,rules or regulations. E. The Vendors 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 until the goods,materials and services required by this Agreement are completed and fully performed. 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 Vendors costs or time for performance, the City will make an equitable adjustment. -The City will attempt, in good 1 Rev.6/14 faith,td reach agreement with the Vendov on all equitable adjustments. However, if the-pi ties 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 frill 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. 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 2 Rev.6/14 unless a timely written claim is made in str',.i accordance with the applicable provisions of i.,s 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(AX2xa){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. & 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 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 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'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. 3 Rev.6/14 l Before beginning work on the p.alect described in this Agreement, the Vendor-.hall 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 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,atm: Risk Management, 345 6h 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. MUSCELLANEOUS. 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 Rev.6/14 4. Terms and Con(wdons, 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. Use of Photographs and IIDsees. Vendor shall not use or distribute photographs or images depicting City officials, personnel,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 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. F. 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. G. 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. H. 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 under 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. I. 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 Agreement. J. 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. Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn:Jesse Linden Attn:Janet Lunceford TRS Trash Removal Services,LLC City of Bremerton P.O.Box 5255 345 Sixth Street,Suite 600 Bremerton,WA 98312 Bremerton,WA 98337 5 Rev.6/14 C C K Ansicotta ent Any assignment of this Agreement by the Vendor without the written consent of the City shall be void. L. Madiflcation. No waiver, altmition,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor. M. If any one or more sections. sub-sections„ or sentences of this Agromunt are held to be unconstitutional or invalid,that decision shall not affect the validity of the remaining portion of this Agreement and the ranainder shall remain in fWR&=and effect N. Entire Ate. The written provisions and terms of this Agm maK together with any attached Exhibits, supersede all prior verbal statements by any reprove of the City,and those stataments shall not be construed as farming a part of or altering in any msm w this Agreement This Agreement and any attached Exbibits contain the enth Agreemunt between the parties. Should any language m any Exhibit to this Agreement conflict with any language contained in this Agreement,the terms of this Agreement shall prevml IN WITNESS WHEREOF,the parties below have awcuted this Agreement VENDOR: CITY: City of Print Name•Jesse Linden em Its:Mem ' �F 4rJN(N KNE Zr(pFy Date: l�f Data APPRO D AS FORK - ^-- Attorney AkA:� City Clerk R:V.egdUAgal\Comr M\FORMS1Goods and Services Agreement doac 6 Rev.6✓14 TRS Trash Removal Services LLC Invoice PO Box 5255 Bremerton,WA 98312 Date Invoice# 360-373-2007 9n9na14 11123 Bill To Ship To Janet Lunceford Code Enforcement Officer City of Bremerton P.O.Number Terns Rep ShipMa F.O.B. Project 9/29/014 Quarttitq Rem Code Description Price Each Amount Demo Demo,haul,dispose of house at: 5,500.00 1127 N CallowAve.,Bremerton 5,500.00T Bremeaton 8.70% 478.50 [Total $5,978.50 CITY OF BREMERTON DEPARTMENT OF COIVflvfUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF POSTING Bank of America& Ben Nelson #C12 0335 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 6th day of October,2014,I posted a true and correct copy of the above captioned Notice of Public Hearing issued October 6,2014,by stapling said notice to a post on the property located at 1127 N. Callow Avenue. Executed at Bremerton,Kitsap County,Washington on this 6th day of October, 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 ofm4 knowled e. Affiant: Kelli iPmSert CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF MAILING Bank of America #C12 0335 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 7th day of October,2014,I mailed a properly addressed and stamped envelope a true and correct copy of the Notice of Public Hearing issued October 6,2014,by depositing said envelope in a mail receptacle of the U.S.Postal Service,via U. S.Regular and Certified Mail for delivery to: Bank of America c/o Rocio Fellows 16001 N.Dallas Parkway Addison TX 75001 Executed at Bremerton,Kitsap County,Washington on this 7th day of October, 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 of mvxnowledge. 14 Affiant: Kelli bert 0 C Janet Lunceford From: Janet Lunceford Sent: Monday,October 06,2014 4:23 PM To: 'richardseward@wavecable.com' Subject: Public Hearing Notice Attachments: Nelson Notice of Public Hearing(1127 and 1129 N.Callow)10-6-14.pdf Richard, See attached Notice of Public Hearing for both 1127 and 1129 N.Callow Avenue. Per your request, I am not mailing them to Ben Nelson. Janet Lunceford Code Enforcement Officer City of Bremerton ianet.IUnceiorJ@d bremerlon.wa.us (360)473-5213 1 AGENDA BILL CITY OF BREMERTON 7Co CITY COUNCIL SUBJECT: Quasi-Judicial Hearing on Study Session Date: Quasi-Judicial Resolution No. 3235, regarding recovery of COUNCIL MEETING Date: November 5, 2014 fees for abatement costs on the property Department: DCD located at 1129 N. Callow Avenue Presenter: Janet Lunceford Phone: (360)473-5213 SUMMARY: Pursuant to a Kitsap County Superior Court Order, the City hired a contractor to demolish the dilapidated building located at 1129 N. Callow Avenue. The work was completed on October 3, 2014. The owner of the property, Benjamin Nelson, surrendered the property to Bank of America in a bankruptcy action, but Bank of America has not foreclosed on the property. Bank of America agreed to demolish the building, but failed to do so in a timely manner, and the City moved forward with the Warrant of Abatement and demolished the house. The cost of the work totaled $7,065.50. The costs of process service, filing fees, the asbestos survey and administrative fees were paid by Bank of America in April of 2014. The Notice of Hearing was published in the Kitsap Sun on October 10, 2014, was posted on the property and was mailed by both regular and certified mail to Bank of America and emailed to the owner's attorney. Following a quasi-judicial hearing, the Council must decide if the fees are just and reasonable, and how they should be collected. ATTACHMENTS: Resolution No. 3235 Clerk's Memo, dated October 6, 2014 Declaration of Posting, dated October 6, 2014 Declaration of Mailing, dated October 7, 2014 Email to Richard Seward, dated October 6, 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: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑O Public Hearing RECOMMENDED MOTION: Move to adopt Resolution No. 3235, ordering that the fees incurred for demolition of the building on the property located at 1129 N. Callow Avenue, 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. 3235 A RESOLUTION of the City Council of the City of Bremerton, Washington, reviewing charges for demolition of the house on the property located at 1129 N. Callow Avenue and determining means of collection. WHEREAS, the City of Bremerton incurred costs for demolition of the dilapidated house located at 1129 N. Callow Avenue; and WHEREAS, Section 1.04.120 of the Bremerton Municipal Code allows the City to recoup these costs 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); and 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 the 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 with charges therein, modify the report or reject the report; and WHEREAS, on October 6, 2014, the City caused notice of hearing to be posted on the property involved and emailed to the owner's attorney, on October 7, 2014, served by certified mail, postage prepaid, addressed to Bank of America, and on October 10, 2014, published by a legal advertisement in the Kitsap Sun; and WHEREAS, on November 5, 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 1129 N. Callow Avenue,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 SECTION 2. The abatement charges, set forth in Exhibit A attached hereto, included in the report of the Code Enforcement Officer of the Department of Community Development for the property located at 1129 N. Callow Avenue, 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 32014. GREG WHEELER, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney SHANNON CORIN, City Clerk 2 EXHIBIT A CONTRACTOR COST $79065.50 ASBESTOS SURVEY AND REMOVAL Paid ADMINISTRATIVE FEE Paid SUPERIOR COURT FILING FEES Paid PROCESS SERVICE Paid TOTAL $79065.50 3 Department of Community Development 345 6th Street, Suite 600 Bremerton, WA 98337-1873 �� �ti BREMERTON Telephone: 360-473-5213 Fax: 360-473-5278 Janet.Lunceford&i.bremerton.we.us Janet Lunceford,Code Enforcement October 6,2014 Memo TO: Shannon Corin, City Clerk From: Janet Lunceford, Code Enforcement Officer Ree 9129 N. Callow Avenue Pursuant to a Warrant of Abatement issued by Kitsap Superior Court,the City hired a contractor to demolish the dilapidated house located at 1129 N.Callow Avenue. The cost of this action totaled$7,065.50. Bank of America originally intended to perform the demolition and paid the filing fees,process service costs,the asbestos survey fees and the Administrative Fee from Rate Table C of the Bremerton Municipal Code in April of 2014. However,Bank of America failed to demolish the structure in a timely manner and the City proceeded with the demolition;thus, the only cost left to pay is the demolition cost. I have scheduled a public hearing for approval of a lien for November 5,2014. 2 3 4 S 6 7 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR 8 KITSAP COUNTY,WASIMNOTON 9 CTTY OF BRFMF.RTON,a Washington Can No.: 13-2-01194-0 10 municipal mon' STHULATION AND ORDER TO 11 Plaice ABATE NUISANCE 12 VS. 13BENJAMIN NELSON and BANK OF (814 AMERICA,N.A., 15 Defendants' 16 L STRULATION 17 Pla=ff City of Bremerton("the City's and Defendant Benjamin Nelson 18 ("Ndlson''stipulate as follows: 19 1. That Defendant Bank of America,N.A.("Bank")has not appeared or answered 20 the Frist Amended Complaint,and a default order has been entered against Baal 21 22 2. That Nelson is the legal owner of the real property at issue in this case, 1127 23 North Callow Avenue,Bremerton,Washington and 1129 North Callow Avenue, 24 Bremerton,Washington(colladvely"The Properties"); 25 O26 Stipulation and Order to Abate Nuisame-I ROOM a L=V= MWORTMCMATrOBW 306tb9tre49a9600,A=W1 q,WaddWm W37 Phone•. 360473-2343 Am 360473-3161 O 01 3. That Nelson is in defa uh of the mortgages held by Book on The Properties,but 2 Book has not begun foreclosm Wings and does not appear interested in taking 3 ownership or responsibility of The Properties; 4 4. That The Propertiies are vacant,are in disrepair,have accumulated garbage and s 6 debris%we constantly being broken into,are being used by vagrants without Nelson's 7 consent,and are an attractive tee. 8 5. That Chapter 1.04 BMC obligates a person responsible far real property to 9 ensure flat the property is maintained acconft to the provisions ofthe BMC. 10 6. That The Properties are a public nuisance pursuant to BMC 6.02.020(m)and 11 (n),which declare the following a public nuisacee: 12 (m) Buildings or structures which are abs,vandalized,partially 13 deslxvyvd.or pummitted to remain in a slaw of,partial construction or partial demolition in such a state as to constitute an attractive nuisance; 014 (n) The failure to safely and completely close,maintain and secure all doorways,windows or otheropenings into vacant shucuires or to secure 15 broken windows to secum the structure from unauthorized entry; 16 7. That Nelson wants to abate nuisance on Thees Properti by demolishing the 17 buildin The gs on Properties,but he does not have the financial means or incentive to 18 do so; 19 20 8. That if the buildings are allowed to remain on The Properties,the buildings are 21 hely to deteriorate more and create a greater nuisance. 22 9. That between the City and Nelson,the City is in the best position to abate the 23 nuisance. 24 10. That ifthe City abates the nuisance by demolishing the buildings on The 25 Pfopwm and removing the debris from The Properties,the City should have a lien 026 against The Properties,pursuant to RCW 35.80.030 or arry other law. Stipulation sad Ordw to Aboo Nuimm-2 ROOBR a UMOVXH BR>3hM'D N MY ATtnRM 343 66 Street.SWb 600.Stan.Wa"Vm 98337 Ph= 360-473-2343 Fax W473-5161 0 1 11. That the Court should enter an order 1)that The Properties are a nuisance under 2 BMC 6 02.020(m)and(n),2)that buildings on The Properties should be demolished 3 and the debris removed in order to abate the nuisance,3)that the City may abate the 4 nuisance by demolishing the buildings on The Properties and removing the debris,4) 3 6 that the City may enter antro The Properties in order to abate the nuisance`5)that if the y City abates the nuisance,the City is entitled to a lien in the amount of the City's costs 8 to abate the nuisance,including but not limited to,the cost to hire a private contractor 9 to demolish the buildings and remove the debris,administrative coats,legal cosh, 10 attorney's fees,and any other costs associated with the abatemof the nuisance,and 11 6)that the cost of the abatement may be put on the county tax rolls as part of the 12 general taxes purm ant to RCW 35.80.030(h). 13 Dated this Y jfkday of 014 Roger A.Lobo" 15 Bremerton City Attorney 16 By: 4-t 17 Mark E.K064WSBA#26212 Benjamin Nelson Attorney for Plaintiff City of Bremerton Pro Se Defendant 18 19 A ORDER 20 Based on the above stipulation,It Is Ordered: 21 1. That The Properties are a nuisance under BMC 6.02.020(m)and(n); 22 2. That the buildings on The Properties should be demolished and the debris 23 24 removed in order to abate the nuisance; 25 3. That the City may abate the nuisance by demolishing the buildings on The O26 Properties and removing the debris; Stipulation and Order to Abate TJw ww-3 ROGER a LUBOVICH BREMIM MY ATrCKNEY 343 6th shoat Saito 600.Bn matm WealnWm 98337 Phaw 360473-2343 Fax 360.473.3161 t t 1 4. That the City may enter onto The Pmperties in order to Abate the nuisance; ,.. 2 S. That if the City abates the nuisance,the City is entitled to a lien in the mount 3 of the City's costs to abate the nuisance,including but not limited to,the cost to hire a 4 private contractor to demolish the buildings and remove the debris,administrative S 6 costs,legal costs,attorney's fees and any other costs associmed with the abatement of 7 the nuisance,and 8 6. That the cost of the abatement may be plat on the county tax rolls as part of the 9 send taxes p usnant to RCW 35.80.030(h). 10 HwrERED this day of &nt r1 w ,2013. 11 JENNIFER& FORBES 12 ASAP COUNTY SUPERIOR COURT AME 13 Presented by.- 14 y:14 Roger _ 15 B on City p 16 By: h�;. 4 - 17 Mark E.K A#26212 Attorney for Plaintiff City of Bremerton 18 Approved for Entry, 19 Notice of Presentation Waived: 20 21 Benjamin Nelson 22 Pru Se Defendant 23 24 25 26 S*Wation and Order to Abate Nui me-4 ROM A LUBOVnCH MUBMTON Cr1Y ATTORNEY 343 M SWL Sub 600.Bm wriam Wealpw 98337 Fbnn-- 360-473.2343 Fax 360473-3161 * Department of Community Development M:.,,,h 345 6th Street, Suite 600 �� ::..��;�•�� �� o. , Bremerton, WA 98337-1873 BREMERTON Telephone: 360-473-5213 ". .�, . ..----- — -- Fax: 360-473-5278 Janet.Lunceford&i.bremerion.wa.us Janet Lunceford, Code Enforcement April 3,2014 INVOICE Bank Of America ATTN: Dan Fredriksen 1757 Tapo Canyon Road Simi Valley,CA 93063 re: 1129 N.Callow Avenue,file#C12 0335 The City of Bremerton has incurred costs for actions on the above address as follows: Asbestos Survey $ 505.00 Process Service Fee $ 33.75 Superior Court Filing Fee $ 120.00 Administrative Fee 450.00 Total $1,108.75 Please remit this amount immediately to: City of Bremerton Financial Services 345–6a`Street, Suite 600 Bremerton, WA 98337 Thank you for your cooperation in this matter. Janet K. Lunceford Code Enforcement Officer cc: file I { CITY BREMERTON INANC DEPARTMENT Payee Number Check Date Check Number 345IXTH TREET STE. 600 10225857 04/182014 0000944278 BRE TON WA 98337-1873 #####*##** . **** #*#**#######* #*### Invoice Discount WH Tax Net Reg# #/Rcpt 00040798 [ JEANETTE ] Amount Amount Amount Amount Account in e: Mon, Apr 21, 2014 X14 1,108.75 0.00 0.00 1,108.75 Date/Time: Mon, Apr 21, 2014 10:29 AM !9 N CALLOW AV ABATEMENT CHARGES REF #: FEE AMOUNT: $ 1,108.75 --------------------- RECEIPT TOTAL - $ 1,108.75 'mt# :1 Payment Data: Payer: BANK OF AMERICA Method: CK Ref#: 1129 N CALLOW iMOUNT = $ 1,108.75 RECEIPT SUMMARY 1OTAL TENDERED = $ 11108.75 �ECEIPT TOTAL = $ 1,108.75 CHANGE DUE - $ 0,00 HAVE A NICE DAY! ! u:1.0.98T4 I I f 00-08-64968 1: GOODS AND SERVICES AGREEMENT THIS AGREEMENT,is entered into between the City of Bremerton,a Washington Municipal Corporation("City"),and TRS Trash Removal Services LLC("Vendor"),whose mailing address is:P.O.Box 5255,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: Vendor will disconnect any and all remaining utilities at the subject property and demolish,haul and dispose of nuisance vegetation and the house at subject property.The subject property is located at 1129 North Callow Avenue,Bremerton,Washington. 2. TME 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. 3. COMPENSATION. The City shall pay the Vendor the total amount of$7,065.50,which includes applicable Washington State Sales Tax,for the goods,materials and services contemplated in this Agreement. 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 by Agreement or otherwise,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 tames 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 Vendors failure to complete this Agreement within the time specified in this Agreement. C. The Vendors failure to make full and prompt payment to subcontractors or for material or labor. D. The Vendors failure to complete with federal,state or local laws,rules or regulations. E. The Vendors 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 until the goods,materials and services required by this Agreement are completed and fully performed. 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 Vendors costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good 1 Rev.6/14 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 Vendors 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 Vendors 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. Vendors PM 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. Vendors 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. D. Failure to Protest Constitutes 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 2 Rev.6/14 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(Ax2)(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. & 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 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 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. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE VENDOR'S WAIVER OF R4MUNITY 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. 3 Rev.6114 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 Liabilitv 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 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, atter Risk Management, 345 6"Street, Suite 600,Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein,and failure to do so shall be construed to be a breach of this Agreement. 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. MISCELLANEOUS. A. ' Licenses and Taxes. Vendor shall possess a current Bremerton Business License and•any regulatory license required to fidfill 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,Ahe-document which rates higher on the following list shall take precedence: 1. Addenda,if any, 2. Contract, 3. Specifications, 4 Rev.6/14 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 liriuted to: 1. Terms and Conditions, 2'. Specifications, 3.' proposal,and 4. Non-Collusion Affidavit. D. Use of PhotogWhs and Images. Vendor shall not use or distribute photographs or-images depicting City officials, personnel,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:vf.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. F. 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. G. 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 H. 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 under any of the provisions of this Agreement, resolWbn of that dispute shall be available exclusively under the jurisdiction,venue and rules of the Kitsap County Superior Court,Kitsap County,Washington. I. 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 Agreement. J. 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. Notices to be sent to: Notices to be sent to: VENDOR: CITY: Attn:Jesse Linden Attn:Janet Lunceford TRS Trash Removal Services,LLC City of Bremerton P.O.Box 5255 345 Sixth Street,Suite 600 Bremerton,WA 98312 Bremerton,WA 98337 5 Rev.6/14 K Any essignm of this Agent by the Vendor without the written conal of the City shall be void. L. Modificffiicm. No waiver,alteration,or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly atrihe ized representative of the City and Vendor. If any one or more sections, sub-sectiozis, 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 Hill fioroo and effect. N. Ewim nt The written provisions and terms of this Agreemag, together with,any attached Exhibits, sepesede all prior verbal statements by any rive of the City,and those statements shall not be'consttved as fanning a part of or abaft in any manner this Agreement 'lois Agreement and any attached Exhibits contain the entire Agreement between the parties. Should any language in any Exhibit to this Agreement conflict with any laogaage contained in this Agreement,the terms of this Agreement shall prevail IN WMMS WHEREOF,the parties below have execrrted this Agreement VENDOR: CITY: I,'�....5 ` City o By: - Print Name:Jesse Linden Its:Member Its: (.o r O9v nate: 9 ' lY Date: APPROVER AS TO FO BY' Bremerton ity At omey ATTEST: City Clerk RSIAgdVAgallCcatractalFORMST3oods and Services Agreementdocx 6 Rev.6114 TRS Trash Removal Services LLC Invoice PO Box 5255 Bremerton,WA 98312 Dat Invoice# 360-373-2007 912912014 11124 Bill To Ship To Janet Lunceford Code Enforcement Officer City of Bremerton P.O.Number Terms Rep Ship Ya F.O.B. Project 92912014 Quantity Item Code Description Price Each Amount Demo Demo,haul,dispose of house at: 6,500.00 6,500.00T 1129 N Callow Ave.,Bremerton Bremerton 8.70% 565.50 Total $7,065.50 CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF POSTING Bank of America& Ben Nelson #C12 0336 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 6th day of October,2014,I posted a true and correct copy of the above captioned Notice of Public Hearing issued October 6,2014,by stapling said notice to a post on the property located at 1129 N. Callow Avenue. Executed at Bremerton,Kitsap County,Washington on this 6th day of October, 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 of knowledge. Affiant: Kelli rambert CITY OF BREMERTON DEPARTMENT OF COMMUNITY DEVELOPMENT IN RE THE MATTER OF: DECLARATION OF MAILING Bank of America #C12 0336 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 7th day of October,2014,I mailed a properly addressed and stamped envelope a true and correct copy of the Notice of Public Hearing issued October 6,2014,by depositing said envelope in a mail receptacle of the U.S.Postal Service,via U. S. Regular and Certified Mail for delivery to: Bank of America c/o Rocio Fellows 16001 N.Dallas Parkway Addison TX 75001 Executed at Bremerton,Kitsap County,Washington on this 7th day of October, 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 of myknowledge. avo '�A-CL"=Ltj Affiant: KA bert Janet Lunceford From: Janet Lunceford Sent Monday,October 06,2014 4:23 PM To: 'richardseward@wavecable.com' Subject Public Hearing Notice Attachments: Nelson Notice of Public Hearing(1127 and 1129 N.Callow) 10-6-14.pdf Richard, See attached Notice of Public Hearing for both 1127 and 1129 N.Callow Avenue. Per your request,I am not mailing them to Ben Nelson. Janet Lunceford Code Enforcement Officer City of Bremerton ianet.lunceford6ci.bremerton.wa.us (360)473-5213 1 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee■ SUBJECT: Public Hearing and Zoning Study Session Date: October 22, 2014 Code Ordinance No. 5260 amending COUNCIL MEETING Date: November 5, 2014 Downtown Regional Center Target Area for Department: DCD the Multifamily Property Tax Exemption Presenter: Kelli Lambert (BMC Chapter 3.78) Phone: 360.473.5245 SUMMARY: In 2007, City Council adopted the Multifamily Tax Exemption for the Downtown Regional Center. In 2010, the tax exemption Target Area was expanded to include all of the Downtown Regional Center. Ordinance No. 5202, approved in December 2012, amended the Downtown Regional Center Subarea Plan to include in its boundaries three parcels at 1008, 1016, and 1018 Burwell Street. Revisions are proposed at this time to again expand the Target Area to include the entire Downtown Regional Center. ATTACHMENTS: A) Ordinance No. 5260 and Exhibits B) Staff Memo FISCAL IMPACTS (Include Budgeted Amount): The City will forego collection of property taxes for new improvements created as a result of this program for 8 or 12 years, depending upon whether the units are market-rate or offered to low and moderate income residents; but this can be largely offset by added sales tax revenue generated by new residents. Without the incentive, new development may not materialize as planned. See memo for discussion. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business 0 Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5260 to amend Bremerton Municipal Code Chapter 3.78, Multifamily Property Tax Exemption, regarding the boundaries of the Target Area. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 ORDINANCE NO. 5260 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 3.78 of the Bremerton Municipal Code by repealing and replacing Figure 3.78(a) to add new territory to the Downtown Regional Center Residential Target Area allowing exemptions from ad valorem property taxation for new multifamily housing. WHEREAS, exemptions from ad valorem property taxes for multifamily housing encourage increased residential opportunities within designated residential targeted areas, stimulate new construction and rehabilitation of existing buildings, assist in directing future population growth and helps to achieve development densities which are more conducive to transit use in designated residential targeted areas; and WHEREAS, on October 4, 2006 the City Council of the City of Bremerton, Washington, passed Ordinance No. 4968 adopting Chapter 3.78 of the Bremerton Municipal Code establishing exemptions from ad valorem property taxation for new multifamily housing in designated residential targeted areas of the City and established a residential target area for the multifamily property tax exemption within the Downtown Regional Center; and WHEREAS, on April 9, 2007, the State Legislature passed House Bill 1910 amending Chapter 84.14 RCW relating to multifamily tax exemptions; and WHEREAS, on December 24, 2007, the City Council passed Ordinance No. 5036 amending BMC 3.78 to be consistent with House Bill 1910, and expanded and added additional residential target areas; and WHEREAS, on March 3, 2010, the City Council passed Ordinance No. 5105 amending BMC 3.78 to further expand the Downtown Regional Center Residential Target Area; and WHEREAS, on December 19, 2012, the City Council passed Ordinance No. 5202 amending BMC 3.78 to include three parcels located at 1008, 1016, and 1018 Burwell Street into the Downtown Regional Center; and WHEREAS, the City desires to offer an equal opportunity for redevelopment incentives by expanding the Downtown Regional Center Residential Target Area to include all lots within the Downtown Regional Center with the potential for multifamily housing development; and 1 Multifamily Property Tax Exemption Residential Target Area Expansion—2014 WHEREAS, the proposed addition to the residential targeted area for the multifamily property tax exemption is within an urban center as defined by Chapter 84.14 RCW and as designated in the City's comprehensive plan; and WHEREAS, the residential targeted area, as expanded in this ordinance lacks sufficient available, desirable, and convenient residential housing, including affordable housing units, to meet the needs of the public who would be likely to live in the residential targeted area, if desirable, attractive, and livable places to live were available; and WHEREAS, on October 21, 2014 and October 28, 2014 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on November 5, 2014, the City Council conducted a public hearing and considered all testimony; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals set forth above are hereby adopted and incorporated as set forth in full. SECTION 2. The proposed new boundary of the "Downtown Regional Center Residential Target Area," as described in Chapter 3.78 of the Bremerton Municipal Code, includes three adjacent tax parcels located on Burwell Street, as shown on Exhibit A, attached. Figure 3.78(a), as set forth in Chapter 3.78 of the Bremerton Municipal Code, entitled "Downtown Regional Center Residential Target Area" is hereby repealed and replaced with a new Figure 3.78(a), attached hereto as Exhibit B; said exhibit incorporated herein by this reference. SECTION 3. 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 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2014 GREG WHEELER, Council President 2 Multifamily Property Tax Exemption Residential Target Area Expansion—2014 Approved this day of 12014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 92014 EFFECTIVE the day of 12014 ORDINANCE NO. R:\ LLI%Lcga1 lr!4nces\Community DevelopmenCMulti Family Tax Excmphon-20R.doc 3 Multifamily Property Tax Exemption Residential Target Area Expansion—2014 .15T14. Exhibit-A_ —13TH ST .......: • 13 'H-ST` _i i..----- ......I 12TH ST' _.12TH$T.— — t=- r 11TH ST U — '9T'H •ST — j G , .... Q." 8TH—STS U i— a _'CO i - � 111 Tax Account Numbers: W'_ ._.i_ ._:_.. 3718-022-016-0003 ` 3718-022 i 1WH -014-0005 _�.� 3718-022-012-0007 BURWECL f is 1 Legend ® Subject Parcels to be Added to MFTE Area QDowntown Subarea Multifamily Area .....15TH ST.. Exhibit- Figure 3.78(a) - w -- --A Downtown Regional Center Residential Target Area ------- 9 9 iF:_-:¢; -- Please See Details of the Plan for Allowed ...........-- Locations of Multifamily Housing ._13TH , LoOtNv - -- -----.. 12TH ST!-1 2TH-ST- . ..__ �. (- _ . i 1,1TH STy - 9TH`ST 8TH-STI U Q ,. .... CL Lff]i Wi 17) ----ti``n"- -- i s I , , BURWELL --ii DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Kelli Lambert Date: October 15,2014 Re: Multifamily Tax Exemption—Expansion of the Residential Target Area for the Downtown Regional Center EXECUTIVE SUMMARY The proposed revision expands and implements the Multifamily Tax Exemption(MFTE)to include three additional parcels adjacent to the current MFTE Residential Target Area boundaries. HISTORY The Multifamily Tax Exemption is allowed by state law(RCW 84.14)to be enacted by local jurisdictions with a population over 15,000 people for the purpose of providing an available market of desirable and convenient residential units, including affordable units. Residential target areas must be within an Urban Center as defined by the City's Comprehensive Plan and must lack sufficient available, desirable,and convenient residential housing, including affordable units,to meet the needs of the public who would be likely to live in the residential target area if attractive,affordable,and livable places were available. In October 2006, through Ordinance No.4968 the City of Bremerton adopted the Multifamily Tax Exemption Program,with amendments in 2007 and 2010 expanding the target areas to include all of the territory in the Downtown Regional Center Plan and the Wheaton-Riddell Center.This proposal includes three under-utilized parcels adjacent to the MFTE Residential Target Area southwest boundary,which have been re-designated to be included in the Downtown Regional Center in 2012.Attachment A shows the existing Downtown Regional Center boundaries, indicating the proposed additional three parcels of expansion area. The City of Bremerton has approved two MFTE applications in 2014:the 606 Apartments(71 units at 606 Burwell Street), and Evergreen Pointe, 109 units in two buildings located near Evergreen Park.A third application,for the Spyglass Hill apartments on Highland Avenue, is expected by the end of this year. STAFF RECOMMENDATION It is in the best interests of the City to provide this incentive within the Downtown Regional Center,therefore giving an equal opportunity for the use of these incentives for redevelopment and thereby encouraging creation of new housing units. By approving this ordinance, the City will remain consistent by offering the MFTE throughout the entire Downtown Regional Center. PROGRAM BENEFITS The discussion below reiterates reasons why the Multifamily Tax Incentive Program is in the best interest of the City of Bremerton,and how this proposal still meets the intent of the enabling State law. Please note that this ordinance would not change the MFTE, except to include three parcels which have been added into the Downtown Regional Center Target Area within the 2012 Comprehensive Plan Amendment Docket. Implements Growth Strate_gy - The Multifamily Tax Incentive is one tool the legislature made available for implementation of the GMA. Bremerton and other cities'growth strategies are based on strong centers-based land use concepts,which reduce sprawl pressure on rural lands. The tax incentive is meant in part to increase the viability of dense development in centers. Creating a vibrant and active downtown and centers districts where people live is a key goal of the City's Comprehensive Plan. The intent and purpose of the law is to apply to full centers districts where carefully considered and appropriate. Economic Need—An additional state requirement is that an economic need for the incentive must be present to make new multi-family development viable. In 2007 City Council adopted the MFTE program for the Downtown Regional Center and Wheaton Riddell District Center,as there is an economic need within these areas. Urban Centers -The State Law also includes language requiring that the Tax Incentive must be applied only in urban centers which lack sufficient available, desirable, and convenient residential housing, including affordable housing. Both the Downtown Regional Center and Wheaton-Riddell target areas fit these criteria. Stay Competitive With Peer Cities-Most of Bremerton's peer cities in the region and state have similar programs. Like Bremerton, Tacoma and Spokane apply the incentive to their entire downtown areas, including all of their center districts. Bellingham and Vancouver,WA apply the incentive to the full extent of their greater downtowns. Seattle currently applies to a portion of north downtown and two additional center districts. Most of these cities have extensively used the program for more than 10 years. Without a strong incentive program, Bremerton is at a competitive disadvantage in capturing new urban development in the region. It is important to be consistent and provide this benefit to all the parcels within the Downtown Regional Center. Positive Fiscal Impact-The fiscal impacts of implementing the Incentive are complex. While the City foregoes additional near term property tax revenues for 8 or 12 years, a range of other revenue sources balance the reduction. On any new development,significant sales tax and Real Estate Excise Tax(REET)are collected. Utility hookup fees are collected,and other taxes on utility usage by new residents(e.g.phone and cable)are collected. Sales taxes generated by new resident spending at local businesses will also increase. It should also be noted that as a revenue source, the city's share of property taxes are small relative to the portion going to Kitsap County and the School District. Finally, after 8 or 12 years the exemption ends. Most major multifamily buildings have much longer(40—50 year)lifespans. Adjustable Program-It is important to note that the Incentive is an adjustable program that can and should be revisited and modified over time. State law revisions call for periodic monitoring to ensure the program is still needed,and is serving its stated purpose. The Council may choose to cease,or change the boundaries of the residential target area at any future time based on shifts in economic and development conditions. Encourage Affordable Housin_g-A purpose of the program in state law is to encourage construction of quality affordable housing. Bremerton's Comprehensive and Consolidated Plans and other policies also call for provision of affordable housing. The Incentive program reduces prices for buyers and rental rates in new buildings. New rental construction can help upgrade and modernize the rental stock—making new quality rental construction more feasible. 0 Page 2 Attachment,' _.._...._., . Q - LLJOt ►- � 13TH ST ELDON-g . 13TH ST ST. ...... ' ._. 1 11TH ST U LJ 9TH ST' G 8TH sT; — r O d CO =� = Tax Account Numbers: W: W ------- F:I 3718-022-016-0003 _ 3718-022-014-0005 3718-022-012-0007 BURWELL 1 Legend ® Subject Parcels to be Added to MFTE Area Downtown Subarea Multifamily Area AGENDA BILL 76 CITY OF BREMERTON CITY COUNCIL ........................................................................................ SUBJECT: Public Hearing and Zoning Study Session Date: October 22, 2014 Code Ordinance No. 5261 amending BMC COUNCIL MEETING Date: November 5, 2014 Chapter 20.12 entitled "Land Division" Department: DCD Presenter: Allison Satter Phone: 360.473.5845 SUMMARY: The action before Council is to conduct a Public Hearing and adopt an Ordinance amending BMC Chapter 20.12 entitled "Land Division" regarding phasing, extensions and classification of minor and major plat amendments. ATTACHMENTS: A. Ordinance No. 5261 -Exhibit A— Planning Commission Findings and Conclusions B. Staff Memo: -Attachment I - Planning Commission Minutes (Workshop on July 15, 2014 and Hearing on September 16, 2014(Draft)) FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation px Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑x Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5261 to amend Bremerton Municipal Code Chapter 20.12, Land Division, regarding phasing, extensions and descriptions of minor and major plat amendments. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. 5261 AN ORDINANCE of the City Council of the City of Bremerton, Washington, making amendments to the Subdivision section of the Zoning Code - BMC Chapter 20.12 relating to Land Division, to clarify amendment procedures, and to allow for phasing and project extensions. WHEREAS, the City Council adopted Ordinance 4950 on November 30, 2005 establishing a new Zoning Code; and WHEREAS, through practical use and application of the Zoning Code the need for modification has been identified; and WHEREAS, the City of Bremerton has established a procedure for amending the Zoning Code in Title 20.18.020 (d) of the Bremerton Municipal Code (BMC), which requires amendments to the Zoning Code to be both consistent with the goals and policies of the Comprehensive Plan and to be consistent with other applicable rules and regulations; and WHEREAS, the proposed zoning code amendments are consistent with the City's Comprehensive Plan, County Wide Planning Policies, The State Growth Management Act, and other applicable regulations and ordinances; and WHEREAS, on July 15, 2014 the Planning Commission conducted a workshop on the proposed amendments; and WHEREAS, on August 27, 2014 the proposed zoning code amendments were circulated to the State Agencies for the requisite review and comment period; and WHEREAS, on August 29, 2014 a State Environmental Policy Act (SEPA) Determination of Nonsignificance (DNS) was issued for the proposed action and no appeals were filed; and WHEREAS, on September 6, 2014 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing held by the Planning Commission; and WHEREAS, on September 16, 2014 the Planning Commission conducted a public hearing on the proposed zoning code amendments and formulated a recommendation to forward the amendments for City Council consideration; and WHEREAS, on October 21, 2014 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and 1 Zoning Code Amendments WHEREAS, on November 5, 2014 the City Council conducted a public hearing and considered all testimony prior to their decision. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The findings and conclusions adopted by the Planning Commission attached hereto as Exhibit A are adopted and incorporated as if set forth fully herein. SECTION 2. Section 20.12 of the Bremerton Municipal Code entitled "Land Divison" is hereby amended as follows: 20.12.060 GENERAL PROVISIONS. (a) Submittal. All applications made pursuant to this chapter shall be to the Department. (b) Minimum Requirements. The provisions set forth in this chapter shall constitute the minimum requirements necessary to promote the public health, safety, and general welfare. (c) Preliminary Consultation. Any person who desires to subdivide land within the boundaries of the City should consult with the Department at an early date to become familiar with the requirements of this chapter and for assistance in understanding the engineering requirements and the construction standards of the City. (d) Compliance. Whenever any parcel of land is divided into two (2) or more lots,no person, firm, corporation or agents of them shall sell, transfer or advertise for sale or transfer any such lot without having a subdivision recorded unless preliminary subdivision approval expressly conditions a performance of an offer or agreement to sell, lease, or otherwise transfer a lot,tract, or parcel of land on the recording of the final plat pursuant to RCW 58.17.205. (e) Critical Areas Environmental Consideration. Lands designated as critical areas such as wetlands, aquifers, streams, flood hazards, geological hazards and wildlife habitats shall not be subdivided or have lot lines adjusted unless adequate safeguards are provided as prescribed in Chapter 20.14 BMC, Critical Areas. (f) Critical Areas Notice on Title. When a critical area is verified on a property by an assessment or delineation, a notice of its presence shall be recorded by the applicant at the office of the Kitsap County Auditor. The notice may be on the face of a subdivision, or it may be on a form specified by the Department. The notice shall be notarized and proof must be submitted that the notice was legally recorded before final approval for development is issued. The notice shall run with the land and failure to record such notice shall be in violation of this chapter. (g) Fees. The applicant shall pay a fee according to the fee schedule set forth in Chapter 3.01 BMC, which shall accompany the application. (h) Bonding of Improvements. In lieu of the completion of the actual construction of any required improvements prior to the approval of a final subdivision, the City may accept a bond providing for and securing the actual construction and 2 Zoning Code Amendments installation of such improvements within a period specified by the City. In addition, the City may provide for methods of security, including the posting of a bond securing the successful operation of improvements for up to two (2) years after final approval. (i) Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter, or the application of the provision to other persons or circumstances shall not be affected.. (j) Phasing. Phased development maybe permitted with a preliminary formal subdivision application provided all of the following criteria are met: (1) Phasing Timelines: The first phase submitted for final subdivision approval must be completed prior to the expiration of the preliminary plat(5 years or as otherwise defined by RCW 58.17.140). For each subsequent phase,required infrastructure shall be completed and a final subdivision Application shall be submitted within two(2) years of the date of the previous phases final subdivision approval. No project shall include more than a maximum of four(4)phases. Provided no extensions are granted, this allows for a total of eleven 01) years for project completion. (2) Phasing Plan: A phasing plan must be submitted and approved with the preliminary subdivision application and must include a minimum of the following materials: (i) The proposed time limits for each phase shall be clearly indicated; and (ii) The plan shall identify the number, density of lots, open space areas, parks, roads, and stormwater facilities to be located and developed in accordance within each phase. Said feature location and size shall be clearly identified on the plans; and (iii) The plan shall include an analysis and supplemental plans as necessary that identify how each phase or as established in RCW 58.17.140 will adequately provide for services such as, roadway design, utility, and public service systems, safe walking routes, stormwater, etc. (k) Expiration and Extension of Preliminary Formal Subdivisions. The approval given to apreliminary formal subdivision shall expire within five (5)years following approval (or as outlined in RCW 58.17.140), unless a complete final subdivision application, meeting the conditions of approval is submitted to the City prior to expiration. Should extenuating circumstance arise, the applicant may apply for a one (1) year extension provided all of the following criteria are met: The application for an extension is filed at least thirty(30) days prior to the preliminary subdivision expiration. (2) No project may receive more than two (2) extensions for the life of the project. This applies to standard and phased projects. Each extension shall not be granted for more than a single, one (1)year extension; and. (3) The applicant can demonstrate tangible progress and reasonable diligence being made toward infrastructure completion such that it is clear that project completion will occur within the timeline of the extension requested (no more than one (1) year); and (4) The applicant demonstrates that the extension requested is the minimum necessary to finalize the necessary infrastructure/improvements required for final subdivision approval; and 3 Zoning Code Amendments (5) The director finds there are no substantial changes in conditions that would render approval of the extension contrary to public health, safety oreg_neral welfare. 20.12.090 REVIEW PROCEDURES AND APPROVALS. Each subdivision type is processed as a different action "type" as described in Chapter 20.02 BMC, Table 040, Project Permit Processing Procedures, and summarized as follows: (a) Subdivision. Approval of all subdivisions requires a four(4) step process: approval of a preliminary subdivision, installation or bonding of required improvements, approval of the final subdivision, and recording of the subdivision with the Kitsap County Auditor. (1) Short Subdivision. (i) A preliminary short subdivision -Type II Director decision. (ii) A final short subdivision -Type I Director decision. a. The final short subdivision shall be submitted to the Director within five (5) years of the date that the preliminary approval became final or the short subdivision shall become null and void. (2) Formal Subdivision. (i) A preliminary formal subdivision -Type III Hearing Examiner decision. (ii) A final formal subdivision - Type IV City Council decision. a. The final formal subdivision shall be submitted to the Director within five(5) years of the date that the preliminary approval became final or as approved through phasing and or timeline extensions per BMC 20.12.060 General Standards. Should the project fail to comply with these timelines the formal subdivision shall become null and void. 20.12.140 MODIFICATIONS TO PRELIMINARY SUBDIVISION APPROVAL. (a) Minor Amendments. At any time after preliminary subdivision approval, and before final subdivision approval the applicant may submit an application that proposes minor amendments to the approved preliminary subdivision. Minor amendments are allowed for short and formal subdivisions and are processed administratively by the Department. To obtain approval the Director must make a written determination finding that all of the following criteria have been met: (1) The revision(s)do not substantially change any conditions of approval established in the Preliminary Subdivision Approval; and (2) The revision(s)will not cause the subdivision to violate any applicable City policy or regulation nor will they be inconsistent with the findings and conclusions of the Preliminary Subdivision Decision; and (3) The revision(s) do not decrease the total number of lots within the subdivision by more than five (5) lots, nor does the reduction violate any density requirements. In no case shall an increase of units be permitted through the amendment process; and (4) The revision(s) do not alter the external boundaries of the project, such that the location and external perimeter of the subdivision remains unchanged-, 4 Zoning Code Amendments (5) The revision(s)do not represent a change of more than ten(10) percent to any individual feature such as but not limited to: the location or amount of open space, design or location of stormwater systems, or roadway (6) The revision(s) do not result in the relocation of any roadway access point to an exterior street from the subdivision; and (7) The revision(s)do not propose phasing of subdivision development not previously pproved; and (8) The revision(s) do not increase any adverse impacts or undesirable effects of the subdivision on the community or surrounding area. (b) Minor Amendment Application Process. An application for a minor subdivision amendment may be made at any time until the preliminary subdivision approval has expired pursuant to BMC 20.12.060. Amendment applications shall comply with the following: (1) An amended subdivision proposal shall be submitted on the appropriate application required by the Department and shall include all applicable information as identified for a Preliminary Subdivision as outlined in BMC 20.12.110. (2) The Director shall have the discretion to determine if a new SEPA Checklist Application, stormwater, transportation, geotechnical, or other studies need to be revised or updated. (3) An approval for a subdivision amendment shall expire at the same time as the original preliminary subdivision approval unless the expiration date is extended pursuant to BMC 20.12.060(k). (c) Major Amendments Revisions. that do not conform to all the criteria of a minor amendment(outlined above in subsection 1)constitute a major amendment and shall not be permitted through the minor amendment process set forth in subsection(b) above. Major amendments shall be processed as a new Preliminary Subdivision application and shall vest to the codes in effect at the time the new application is deemed complete. All application materials required for a preliminary subdivision outlined in BMC 20.12.110 shall be required and the Director shall have the discretion to determine if application materials, technical reports, and studies from the previous application may be used, or if new or updated reports will be required. The Di-eete,.m .,.1MiniSt...,tiyelyp amendments to ., ,.el;.,, , afy subdivision appr-eN,a!_T-he Hearing Examiner's :v, amendment he ..t: -RC-leer-dance with the„ t:ee requiFeMORtS for- , ,.1,1:e l,e Chapter-jq-.Qj BMGPrejeet PeFmitts, ana-to all paf4ies Of Feeo"d. A!najor-amendment eludes but : of limited to a of the fell°,,.i"g: (a) Amendments ents th t would result ; e e to the number-of lots the � subdivision beyond the number-previous!),appreved-, (b) Amendments that would. ult in the releeation of any roadway aee t to an exterier street 4em the } �plat; (e) Aim 2l�ts that proposephasing )f plat development lOt ffev-ivu y (d) that;-ifi thL-epic Of thO Di•FeeAOF, Would si(,nifieaa4.' :++e+evoe adver-se impaets o ndesiFa,le effects of the plat 5 Zoning Code Amendments SECTION 3. Severability. If any one or more sections, sub-sections, 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 4. Effective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2014 GREG WHEELER, Council President Approved this day of 12014 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of 12014 EFFECTIVE the day of , 2014 ORDINANCE NO. 6 Zoning Code Amendments Exhibit Al FINDINGS AND CONCLUSIONS OF THE CITY OF BREMERTON PLANNING COMMISSION Summary: Amendments to BMC 20.12, relating to Subdivision Regulations. Changes include adding language to allow for phasing of subdivisions beyond 5 years, allowing for project extensions, and clarifying the difference and required permit processes for major and minor amendments of preliminary subdivisions. I. FINDINGS OF FACT 1. Project Description: Proposed amendments to the Bremerton Municipal Code Chapter 20.12 Subdivisions, related to: 1) Clarify the difference between major and minor amendments of Preliminary Plat Approvals— The proposal is to more clearly identify the difference and necessary permit processes for each permit type. Minor amendments will be permitted through an administrative process. Major amendments will require a new Preliminary Plat application. 2)Add language to allow for subdivision phasing beyond 5 years—The proposed amendments allow for up to 4 phases and can extend the time permitted for infrastructure completion between Preliminary Plat Approval and Final Plat Approval for the entire project to 11 years. The first phase must be completed within the standard 5 year timeline. Each following phase must be completed within 2 years following the previous phase. 3)Add language to allow for extensions related to infrastructure completion—The proposed amendments will allow subdivision projects experiencing extraordinary hardships related to infrastructure completion to receive no more than two, one year extensions. Such extensions will only be permitted when it has been adequately demonstrated that significant progress has been made and project completion can be achieved within the timeline of the proposed extension. 2. Procedural History: 2.1 Planning Commission Workshops: July 15, 2014 2.2 SEPA Threshold Determination DNS: August 29, 2014 2.3 Washington State Department of Commerce Notice: August 27, 2014 2.4 Notice of Planning Commission Public Hearing: Sept. 6, 2014 2.4 Planning Commission Public Hearing: Sept. 16, 2014 3. Public and Agency Comment: 3.1 July 15, 2014 Workshop: • None 3.2 Sept. 16, 2014 Public Hearing • Mark Kuhlman (Team 4 Engineering) provided testimony in support of proposed amendments. 4. SEPA Determination: A Determination of Non-Significance was issued on August 29, 2014, to date no comments or appeals have been filed. Exhibit A A 5. Consistency: Text amendments to Title 20 shall meet the decision criteria outlined in BMC 20.18.020(d). The Planning Commission may recommend, and the City Council may adopt or adopt with modifications, an amendment to Title 20 if the criteria outlined below are met. (1) It is consistent with the goals and policies of the comprehensive plan; Analysis. The proposed amendments continue to uphold the objectives and goals of the Comprehensive Plan, and implement the following policies: CC2A: Utilize zoning and design standards that have flexibility and incentives to ensure excellence in urban design, and which are compatible with surrounding.land uses. CC2B: Ensure that infill construction and area redevelopment are done in a manner that reinforces the neighborhood's desired and defined character and that architecturally compliments the commercial and residential areas. LU3A: Provide development incentives and flexibility within the Zoning Code to encourage desirable design elements with flexibilities within the Zoning Code provisions for all new development and redevelopment. ECIC: Encourage redevelopment of underutilized land. ECSA: Expedite the permit and development process. (2) It does not conflict with other City, state and federal codes, regulations and ordinances. Analysis: The proposed amendments do not conflict with any other regulations. II. CONCLUSIONS& RECOMMENDATION Based on the findings above, the Planning Commission concludes that the proposed amendments to the Bremerton Municipal Code Title 20 Land Use Chapter, meets the requirements in BMC 20.18.020(d)text amendments, and therefore recommends to the City Council, the adoption of amendments to Title 20. Re ctfully submitted by: ndrecutive Secretary 2 DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM To: City Council From: Allison Satter, Senior Planner Date: October 15, 2014 Subject: Zoning Code Amendments—BMC Chapter 20.12, Land Division EXECUTIVE SUMMARY In response to the economic hardships related to the housing market, development of subdivisions has been stalled across the Nation, within the State, and in Bremerton. Proposed amendments to the subdivision regulations are proposed to reflect these economic changes and to improve the clarity and flexibility of the City's code requirements. The Planning Commission has unanimously recommended that the City Council review and approve the proposed Ordinance in order to make the following changes to the Bremerton Municipal Code related Chapter 20.12, Land Division: 1) Clarify the difference and requirements for"Major" and "Minor" amendments to preliminarily approved subdivisions. Proposed changes allow for minor amendments, but require major amendments to be processed as a new preliminary plat. The code has also been clarified for minor amendments. 2) Add language to allow for project phasing beyond 5 years for new subdivision applications. Proposed phasing allows for as many as four separate phases and allows projects up to 11 years for completion. 3) Increase flexibility by adding language to allow for extended time to install required infrastructure for existing projects struggling to achieve completion of requirements. Extensions allow for up to two separate one year extensions. Language is proposed that identifies when an extension would be appropriate. ATTACHMENTS Attachment I — Minutes from the Planning Commission: Workshop on July 15, 2014 and Hearing on September 16, 2014 (Draft). PLANNING COMMISSION RECOMMENDATION: Planning Commission recommends that City Council review the materials provided, conduct a Public Hearing, consider testimony and approve the proposed Ordinance. Background: This analysis is intended to provide a high level overview of Subdivision processes and specific areas of concern related to subdivision processing. Subdivisions are highly regulated at the State level. There is very little variation in their overall processing from jurisdiction to jurisdiction. In all jurisdictions throughout Washington State, Subdivisions are essentially broken into three steps. Understanding the fundamental purpose of these three steps is crucial for evaluating amendments related to the three topics. These three parts include: Step 1 - Preliminary Approval: This conceptual review evaluates the project plans and determines if the project is feasible, and able to comply with all applicable regulations. This is a particularly technical review that results in an approval document. It is important to note that the approval does not grant the applicant approval to construct anything. The approval is typically used as an agreement between the developer and the City. Often it is a prerequisite for lenders and is required prior to providing project financing. The Preliminary Approval is valid for 5 years. This 5 year time period ensures the applicant will not be held to a new code standard once the financing is obtained. Step 2 -Site Development (infrastructure): At this ° = ` ' 07 - point the applicant submits plans that are for '' � . - - construction of infrastructure. This approval grants " the applicant the ability to begin construction, but only for infrastructure, not homes. The applicant has to complete all of the infrastructure necessary for the subdivision within the 5 year window... Infrastructure includes the running of sewer lines, water lines, construction of roadways, parks, sidewalks, street lights etc. Essentially, everything except for the houses is required to be installed at this point. Step 3 - Final Approval: Only after all required infrastructure has been completed and approved by the City, will the developer be permitted to create the new lot lines. This final approval step includes the recording of all the separated lots and the granting of new addresses and tax lot numbers. This allows each to be soldor constructed on individually. It is only after this final approval that construction of homes on individual lots is allowed. Further building permits for each home are required on each lot. State Timeline Extensions: Due to the economic recession of 2008 the State adopted a series of temporary timeline extensions that allowed more than 5 years between Preliminary Approval and the Final 0 Page 2 Approval. In some cases the period of time allowed was temporarily increased to 10 years.• The extensions were granted as recognition that limited financing availability and current market trends would not allow for enough time for installation of the necessary infrastructure improvements within the 5 year period. As the economy has recovered, the timeline extension is being phased out. Beginning in January of 2015, the timeline will return to the standard 5 year period for new projects. Major & Minor Amendments: Bremerton, and many other jurisdictions throughout the State, have numerous "old" projects that are still within the temporary extended timeline of 10 years. In Bremerton alone there are over 2,000 preliminarily approved new lots that have not been finalized. The extended timeline combined with the rapid turnover of property ownership during the recession has had led to new ownership most of the older preliminarily approved subdivisions within the City. In most cases the new owners want to maintain the code vesting of the existing approval, but want to substantially change the project scope, size, layout, etc. The existing code language is vague and easily misconstrued by hopeful purchasers. The existing code language does not adequately differentiate a "major amendment' from a "minor amendment', and does not clearly identify what would trigger an entirely new project approval. Due to the lack of clarity within the existing code, prospective buyers and developers often have to contact Staff to determine the level of modification permitted on a case by case basis. As each scenario is different, it is relatively time consuming for Staff to field multiple inquiries for every project. Staff recommends modifying the code to allow minor amendments as an administrative approval, and to require major amendments to re-apply for preliminary plat approval. This approach is consistent with the Directors current interpretation of the existing code and with other local jurisdictions. Revised code language lists specific criteria for minor amendments and generally includes the following: • No change to a condition of approval given at preliminary approval. • Minor reduction of lots is ok - No more than 5 lots (provided density requirements are met) • No increase in lots • Minor alteration of layout is ok— No more than 10% change overall. This applies to open space, roadways, stormwater systems etc. • Changes to phasing are not permitted with a minor amendment. This language maintains the intent of a "minor" revision by ensuring a limited scope such that only very small modifications that will not impact the overall project should be •Page 3 permitted. These revisions will resolve the underlying ambiguity in the code and provide applicants with the clarity necessary for decision making regarding land purchases. Phasing: The State allows for a jurisdiction to establish specific circumstances when an extension beyond the 5 years is appropriate. While Bremerton allows for"phasing" of a project, the City does not allow for the timeline for the project to extend beyond 5 years. Most developers consider"phasing" to include extended timelines and often request more than 5 years for project completion, especially on large projects, such as those that include 100 lots or more. Many jurisdictions have code language to allow for larger projects to "phase" the infrastructure associated to the project so that the subdivision is developed in chunks over a longer period of time. Developers often request this approach because it allows a project to install infrastructure and obtain Final Approval for only a portion of the site, which is a tremendous cost savings. Once they obtain approval for the phase, the developer then begins selling homes and uses the proceeds from those sales to finance the next phase of infrastructure. This process of phasing is a popular method of subdividing, especially in markets where financing for the entire project is challenging, such as has been seen over the last several years. While not particularly necessary in the past, the economic changes resulting from the recession have increased the popularity of phasing. Of the numerous jurisdictions within the State, only a few have specific code language that address it. Following the review of other jurisdictions and assessing the State code regarding the topic, Staff recommends modifying Bremerton's code as follows: • Allow for Phasing - Set a limit to the number of Phases permitted o 4 Phase maximum o Require the first phase to be completed in 5 years. o Establish a 2 year time limit on each subsequent Phase. • Add Criteria for Phasing: This criterion establishes how phasing is to be reviewed and what needs to be submitted for the Phasing Plan. It is important to ensure the first phase, and every subsequent phase will provide all the necessary infrastructure components to function as a complete subdivision. Adequate provisions for sewer, water, stormwater, open space, and parking for example must be provided in each phase to meet State regulations. The 5 year time limit typically associated to a subdivision was designed to establish a balance between allowing enough time for infrastructure completion, and ensuring prompt installment of required infrastructure. Specific attention should be paid to the amount of time permitted for project completion. The recommendation is to establish a 0 Page 4 maximum of four phases so that the phased approach is not used to circumvent compliance with new codes. Staff anticipates that the proposed amendments will provide for flexibility for developers in terms of increased time to construct infrastructure associated to large subdivisions without inadvertently encouraging a stalled development pattern. Extensions: A project extension would allow for an applicant to extend the subdivision's validity in order to finish site work that has taken longer than anticipated. This is different from phasing in that phasing is planned and accounted for at the beginning of the project, well in advance of any site work. An extension is typically granted under extenuating circumstances when project construction is near complete, but cannot be fully completed in the time allotted. Extensions are requested for projects with existing land use approvals. Staff anticipates a significant, temporary, increase in requests for extensions as a result of the extensions granted by the State for existing preliminary plats. As previously mentioned, Bremerton has approximately 2,000 lots with preliminary approval that would have expired already, had it not been for the State doubling the time allowed for project completion (5 years has been temporarily increased to 10). Although the State extensions are being phased out, they will still be applicable to most of the existing approvals in Bremerton, but by 2015 almost all subdivisions will be back on the 5 year timeline. Many of these existing projects have not progressed at all since their original approval nearly 10 years ago. Little or no infrastructure has been installed. As the expiration of the State extensions nears, Developers are beginning to request an extensions and development agreements in order to further extend the life of preliminary plat approvals. While extensions for these existing approvals are the major impetus of this revision, careful consideration of the long term impacts of extensions should be paid. Staff evaluated three scenarios before drafting the proposed code revisions: 1. Old Projects: These are the most tangible projects to consider as they exist today, but the code provisions prepared will extend far beyond the immediate issues related to these projects. Additionally, these projects are unique in that they have already received as much as a 5 year extension, essentially doubling the life of the project. Continued extensions "vest" the project to the codes in effect nearly 10 years ago. Further increases to these project's timelines will further exempt these projects from compliance with current regulations. The longer the extension granted, the greater divergence from current code. In order to address •Page 5 this issue, code language has been prepared that asks the applicant to show "significant progress" and caps the extension to one year. In this way, Staff can easily establish limitations to the extension while also allowing for flexibility when it is truly necessary. 2. New Projects: Extensions for project completion may be appropriate for future projects that vest to current (or future) code, and are therefore under the standard 5 year timeline. Unforeseen circumstances during construction of infrastructure should not render a project expired especially when almost complete. Careful consideration should be given as to how much infrastructure must be completed before granting an extension however. If no work, or very little work has commenced, it is unlikely that the need for an extension is caused by construction related difficulties. Instead, the delay may be caused by financing issues, or by a property owner intentionally waiting to construct in the hope that the development will become more valuable in time. Code language has been carefully crafted to only allow the minimum necessary extension so that flexibility can be provided, but not so much that the code promotes inactivity on a site. 3. Impacts of Phasing and Extensions Combined: Careful consideration should be given to the combined impacts and total extensions allowed when looking at Phasing and Extensions combined. Based on the code provisions drafted, a new project could remain valid for up to 13 years. This allows for substantially more time than was granted by the State in the economic recession (max of 10 years). It is far more lenient than the traditional 5 year maximum established by the State code. The combined impact of both Phasing and Extensions may encourage developers to gain preliminary plat approval without the intent of developing in the near future so that the project is vested to the older less strict regulations. The code provisions drafted promote Phasing over Extensions so that the anticipated timeline for a project is well established and easily evaluated. Special extensions for Phased projects are discouraged so that the City is not unintentionally promoting the longevity of projects. The proposed code sets a limit to two extensions for a Phased project so that extension requests are not used as a marketing strategy. In looking to other jurisdictions, most do provided for extensions. Most only grant a single, one year extension when it can be demonstrated that the projects are making •Page 6 a good faith effort to finalize their infrastructure but are unable to complete it prior to their 5 year timeline lapsing. SUMMARY: The Planning Commission finds that these amendments improve the functionality of the zoning code and will better address economic changes related to subdivisions following the recession of 2008. The proposed amendments provide clarity to existing processes, increase flexibility for permit timelines, and intends to balance the goals of project completion with the challenges of project development. 0 Page 7 Attachment I Planning Commission Minutes: Workshop — July 15, 2014 Hearing - September 16th, 2014 (draft) Attachment I CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING July 15,2014 CALL TO ORDER: Chair Tift called the regular meeting'of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Staff Present Chair Tift Andrea Spencer,Director,.Department of Community Development Vice Chair Dinkuhn Nicole Floyd,Senior Planner,Department of Community Development Commissioner Albright Allison Satter,Senior Planner,Department of Community Development Commissioner Nethery Commissioner Simpson Commissioner Strube Commissioner Wofford Quorum Certified APPROVAL OF AGENDA COMMISSIONER WOFFORD MOVED TO APPROVE THE AGENDA AS PRESENTED. VICE CHAIR DINKUHN SECONDED THE MOTION,WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER ALBRIGHT MOVED TO APPROVE THE MINUTES OF MAY 20, 2014 AS PRESENTED. COMMISSIONER WOFFORD SECONDED THE MOTION,WHICH CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public(public comments on any item not on the agenda) Chair Tift issued a call to the public for comments on items other than those listed on the agenda. Conan Dungan,Bremerton,spoke in opposition to the proposed new casino on North Callow Avenue. He expressed his belief that it would be a bad idea to block off 13"to 15'h, and bringing a casino into a residential area with children is criminal. He said a casino always involves organized crime,which is not something they want in Bremerton. Patrick Buck,Bremerton,said he lives about two blocks from the proposed casino and was present to voice his displeasure with the proposal to put a casino in the middle of a neighborhood. According to his research,statistics clearly state that crime Attachment I goes up 10%to 15%in neighborhoods that have casinos. A casino in the proposed location is a very poor choice,and he is concerned that the proponent is trying'to strong arm the City for a land swap deal. Dan Webster,Bremerton,said he has lived on North Callow Avenue since 1967. During that time, he and his neighbors have fought against crime and other things that have tried to wreck the neighborhood. He expressed his belief that the proposed casino would destroy the surrounding neighborhood and the City should think twice about allowing it. Barbara Strassburg,Bremerton,said she owns residential properties on 15th Street and Wycoff and is also attempting to sell property she owns on North Callow Avenue. If the casino is developed, her property values will decrease, creating a significant financial hardship for her. She said she cannot imagine a casino in the proposed location,which is only a block from a city park,the college and a school. She asked the Commission to give serious thought about the impacts the casino would have on surrounding neighborhoods. Delbert Smith, Bremerton, said he recently purchased property on North Wycoff, and he has grown to like the area. However,if he had known the potential was there for a casino,he would not have purchased the property. He said he works at a casino,and he knows what goes on in them. It is not good and it would not benefit the City or the neighborhood. Heidi Yoxsimer,Bremerton,said she and her husband have owned and operated Hi Lo's 15'h Street Caft for the past 8.5 years. They are concerned that their property and business would be directly impacted by the proposed casino,which has the potential to sprawl out into 6.5 acres of construction in the middle of a neighborhood where people live,work and are raising their children. She and her husband have invested and believed in Bremerton for over 14 years,and they would like to go on record that they are not selling their land and do not support the proposed casino. She asked all citizens of Bremerton to keep informed and try to attend any public meetings that pertain to this matter. She noted that the casino would be the first and only untested construction of a tribal casino in a high-density residential neighborhood anywhere. She expressed her belief that there are better ways of keeping Bremerton on track as a positive,prosperous,desirable city to invest and live in. They care about Bremerton and all the people in it who have worked hard to make it their hometown.She asked the City to please not gamble Bremerton's future away. Robert Zauper, Bremerton,said he owns property on North Callow Avenue. He asked if the Commission would discuss the casino proposal tonight and who he could contact to get more information. Chair Tift answered that the casino proposal is not on the Commission's agenda, nor will it be in the foreseeable future. Director Spencer clarified that the casino proposal is not being put forward by the City. There is a representative in the audience from the casino proposal, and he would be the best resource to answer questions. Ron Ragge,Liberty Lake,said he is the managing member of Gold Mountain Capital LLC,which is the company trying to propose a casino for North Callow Avenue. He said he was present for the purpose of finding a formula for making a PowerPoint presentation to the Planning Commission, but he could certainly answer citizen questions. He referred to a meeting last night that was hosted by Heidi and Lowell Yoxsimer and attended by about 35 residents from the area where ` they are looking at possibly developing a casino. He explained that they are in the process of forming an idea,and they are trying to find the right answer. Until this process is done, he cannot make a presentation or defend the proposal. He expressed his belief that once he has presented the straight facts,many people will change their minds. He looks forward to the opportunity to present a proposal to the Planning Commission. Director Spencer advised that the Planning Commission's work program for the next several months has been set,and they do not ordinarily accept public presentations other than during the public comment period of their agenda. Mr. Raggee can submit a formal application for a Comprehensive Plan amendment and then the issue would be presented to the Commission for consideration as part of next year's Comprehensive Plan amendment docket. However, the applicant must have the property owner's support for an application involving property other than that which he/she owns. Mr.Ragge commented that he believes they have enough support to follow through with the project. Cortney Freeman,Bremerton,said she and her fianc6 recently purchased a home on North Callow Avenue. She moved to Bremerton about five years ago,and is happy to be a homeowner. They chose their neighborhood because they felt it was an up and coming neighborhood and a great place to raise a family. Although it has been plagued by crime in the past, it is moving forward. She said she does not want a casino in her residential neighborhood. Bremerton Planning Commission Minutes July 15,2014—Page 2 of 9 Attachment I Jean Schanen,Bremerton,said she lives just a few blocks about from where the casino has been proposed. She commented that she did not see the sign in the Hi Lo's 15th Street Cafe's window, but she came on her own accord based upon the horrified reaction she had as soon as she heard about the project and learned of the meeting. In addition to endorsing what others have said, she pointed out that the infrastructure in the neighborhood is completely inadequate to handle a casino development. The streets are barely able to handle two-lane traffic as it is; I I* Street was built as a two-lane residential street and is now a very busy four-lane road that is quite dangerous. The sidewalks are close to traffic, and the street is unable to handle any more traffic associated with the casino. Other streets in the vicinity would likely become semi-arterial . streets to handle some of the additional traffic. A casino would ruin the quiet peaceful neighborhoods they have come to enjoy so much,and she hopes it does not happen. Beth Shea,Bremerton,said she has owned the Echo Artworks Bead Shop and Gallery on North Callow Avenue for 10.5 years. They chose the location because the neighborhood was up and coming with a good reputation. Prior to the meeting, she reviewed the strategic growth plan for District Centers,which the Commission discussed at their May 20'h meeting. She noted that the Charleston area was the only one the Commission saw as achievable for growth, and a casino is not the best way to house the 12,000 new people they anticipate will move to Bremerton by 2018. She understands that growth is desirable and business means growth, but a casino in this neighborhood that is supposed to be converted to high-density population is not the way to go. Drake Johnson, Bremerton, said she recently moved to Bremerton from Wisconsin, where a number of casinos were constructed in residential areas, destroying the neighborhoods. She felt it would be a horrible thing to see in this nice neighborhood of Bremerton that is not designed to accommodate that type of capacity. The light pollution, alone, would destroy the residential neighborhood;and traffic would result in noisy streets that are dangerous for children to walk on. She expressed her belief that the casino proposal should be thought over many times before even coming to the table. Bob Dryer, Bremerton, said he and his wife are the neighborhood watch block captains for the 1700 block of Wycoff, where they have lived for the last eight years. He commented that 20 children live on his block,alone. The neighborhood consists of a wide range of families who are struggling to make a good life for themselves and have a secure place for their children to live. Within the last few years,they have worked very hard with the Bremerton Police Department to eliminate a meth house on the street. Families are trying to raise their children in safe neighborhoods that have a true sense of community,and bringing a casino into this environment will work directly against that goal.It will not only increase parking problems dramatically,it will also increase the number of drunk drivers and bring an increase in the drug culture,prostitution and other criminal activity that already exists in smaller portions. He strongly asked that the Commission reconsider any decision to bring a casino into the area. Richard Huddy, Bremerton, said he and his wife have seen their neighborhood grow, prosper and improve since they moved in 1999. It is a beautiful residential neighborhood. He questioned why anyone would propose to develop a casino in the middle of a residential neighborhood when there is so much vacant commercial property available in other parts of Bremerton. He believes the proposal is a bad idea and hopes the Commission will agree it comes before them for review. An unidentified person said it was his understanding that the subject property is trust land,which means you will have to deal with the Indians. He said he was born on a reservation and knows what he's talking about. There's going to be trouble. If we can't find somebody to fight with,we fight with one another. Everybody wants to be a chief,but no one wants to be an Indian. No matter what is going on in the area,the City will have to deal with the feds and won't have any say. Carol Bichon-Jackson, Bremerton, said she and her husband live just a few blocks from 15'h in the home her parents bought in 1948. She pointed out that the neighborhood surrounding North Callow Avenue has always been a very quiet,safe residential area,with a number of"mom and pop"businesses. She is not enthusiastic about the possibility of having a casino on North Callow Avenue. A more reasonable location would be on the periphery of Bremerton where there is land to expand, if needed. She recalled there was a casino just off Wheaton Way and Riddell Road, but it did not survive. She questioned why they should invest in an even larger casino that will uproot and upset so many people. Allison Toth,Bremerton, said she lives on North Wycoff and is very much against the proposed casino on North Callow Avenue. She has small children and she wouldn't feel safe walking to the local businesses with a casino in the neighborhood. She loves her neighborhood, which she grew up in and has now returned with her family. The neighborhood is being Bremerton Planning Commission Minutes July 15,2014—Page 3 of 9 Attachment revitalized,and the residents have a lot of pride in the area. A casino is a bad idea in this location. However,she cautioned against making the proposal a race issue because the subject property is tribal land. She urged everyone to exercise sensitivity. Stephenie Nagle, Bremerton, said her family purchased a home on East Phinney Bay Drive last fall, and they love the neighborhood,including the small businesses. She expressed opposition to the casino,which would be a large building with neon signs and a lot of traffic. She was very pleased to hear that the City Council is against using eminent domain or foreclosure to force people from their land. She was also pleased to hear that the casino proposal is a long way from coming true. Stavina Hauss-Lavidy said she lives on Hewitt Avenue on property her grandmother has owned since 1956. She also loves going to Hi Lo's 15s'Street Cafd,which has been featured in multiple magazines. She said she is not opposed to a casino,as long as the associated infrastructure problems are addressed. She specifically referred to access for the caf6 if North Callow Avenue is closed from 13d to 15''Streets and the difficulty making a left turn onto Callow Avenue coming down from Kitsap Way. Chair Tift closed the public comment portion of the meeting. He encouraged those in attendance to sign up to receive a copy of the minutes from the meeting. Workshop: Overview of the Buildable Lands and Land Capacity Analysis Director Spencer explained that although Kitsap County is the lead agency to publish and adopt the Buildable Lands Review and Land Capacity Analysis,each city in the county is responsible for preparing its own analysis and providing information for inclusion in the county's report. As this effort continues,the Kitsap County Regional Coordinating Council is working to convert the growth target numbers into actual housing units. They are also working to apply the 2.65 population-to- employment ratio identified in Vision 2040,which is a multi-county planning policy adopted by the Puget Sound Regional Council(PSRC),to identify the number of jobs each jurisdictions will need to plan for. Director Spencer reviewed information that was lifted from the Kitsap Countywide Planning Policies, which provides the regional framework for growth in the county and establishes how the population is anticipated to grow in all of the jurisdictions in the county over the next 20 years. She explained that because of the recession,the City did not experience as much growth as anticipated and the updated numbers are the same as those used when the City's Comprehensive Plan was last updated in 2004. That means the framework is already in place to accommodate the anticipated growth. She summarized that the City must plan for a population growth of about 14,300 people as Bremerton's population,excluding the Urban Growth Areas,is expected to be about 52,000 by 2035. Director Spencer reviewed that Vision 2040 talks a lot about jobs and housing balance and making sure that employment growth occurs in the regional centers. Because Bremerton has been identified as a metropolitan center,a large share of the County job growth(nearly 470/9)is anticipated to occur here. Based on the total number of jobs anticipated in the County, it appears that Bremerton's growth allocation will be about 18,000 new jobs over the next 20 years. However,it is important to note that the South Kitsap County Industrial Center(SKIA)is anticipated to accommodate a large percentage of this growth. Ms. Satter reviewed the methodology the City used to review its population and employment targets to conclude that the current Comprehensive Plan has the capacity to accommodate the growth with the current land-use designations. The process included: 1. A review of Annual Development Activity/Buildable Lands Review to identify what has happened in the last six years from 2006 to 2012. This analysis included a review of development trends to identify how many dwelling units were developed per acre on existing residential lots(about 4 units per acre)and on lots that were subdivided(about 5 to 7 units per acre). The analysis also included a review of how much commercial space was built per acre. 2. A Land Supply Inventory to identify how much land is available in the City to be developed. This study evaluated vacant and underutilized lots in both commercial and residential zones to identify the net acres and square feet of land that may develop in the next 20 years,taking into consideration areas that are unlikely to be developed(critical areas, Bremerton Planning Commission Minutes July 15,2014—Page 4 of 9 Attachment I public rights-of-way and public facilities). The inventory identified 822 acres of vacant low-density residential land and 642 acres of underutilized low-density residential land. That means that approximately 1,464 acres of land could support residential development. The inventory also indicated about 15 million square feet of commercial square footage could be developed in the City in the industrial zones,commercial zones and centers. 3. A Development Capacity Analysis/Land Capacity Analysis to identify how much development the City can support in the future. Based on current trends, it is estimated that the 1,464 square feet of vacant and/or underutilized residential space could accommodate about 11,952 low-density residential units and 3,234 centers residential units for a total of about 15,185 additional residential units. It also is anticipated that of the approximately 15 million square feet of commercial space, this could accommodate about 19,000 more jobs: 1,974 in the industrial zones, 2,743 in the commercial zones,and 14,259 in the centers. 4. An Evaluation Process to study whether capacity is sufficient to accommodate targets for households and jobs for the remainder of the planning period. If the capacity targets cannot be met,the City would be required to identify reasonable measures to change its Comprehensive Plan and Zoning Code to promote density and jobs. According to the Land Capacity Analysis and the Office of Financial Management's calculation that Bremerton's average household size is 2.24 people per unit,the City should be able to accommodate 34,014 additional people based on current zoning. That means the City can more than meet its population growth target of 14,288 people without any zoning changes. In addition, the commercial zones can accommodate about 19,000 more jobs, which is more than the target number of 18,000 jobs. Therefore,no Comprehensive Plan land use or zoning changes are needed at this time to increase capacity. Ms. Satter summarized that Kitsap County will adopt the Land Capacity Analysis for the entire County, including data submitted by participating cities. The draft document should be available soon for public review, with public comment in late summer. It is anticipated the final document will be adopted by late 2014 or early 2015. She noted that the updated Land Capacity Analysis will be the starting place for the City's Comprehensive Plan Update. Director Spencer summarized that the Land Capacity Analysis shows that the City has adequate land supply for employment and housing. As they go into the Comprehensive Plan update, she does not anticipate the need for significant changes. She anticipates that areas that are currently zoned for low-density residential will remain so,and there won't be a big push to change residential areas to commercial. It appears the City has the right model for growth, and the current Comprehensive Plan is working for the most part. Beth Shay, Bremerton, asked if the Comprehensive Plan update would include discussions about transportation, green space, and parking as part of the Comprehensive Plan Update. Director Spencer answered that the Comprehensive Plan outlines the City's overall goals and policies,and the update will include discussions about transportation,green spaces,etc. Richard Buddy,Bremerton,cautioned that paradigms can shift in the middle of what we perceive to be trends and go from an era of abundance to an era of scarcity. He suggested that the prediction of 18,000 new jobs over the next 20 years is based on the presumption that the era of abundance will continue. While he is delighted that the City has more than enough capacity to meet the projections of growth, he asked the Commission to consider what might happen in the instance of a multi-decade era of scarcity. Commissioner Simpson explained that the growth projections are set by state, and state law requires the City to plan accordingly. However,she acknowledged that growth in the City over the past ten years has been much less than projected, and that is why the City's growth targets did not change. Commissioner Wofford thanked Ms. Satter for reducing the information provided in the Staff Report down to something that is moreunderstandable. Director Spencer pointed out that Ms. Satter has spent many months preparing the information that was presented to the Commission. Chair Tift added that the details provided in the Staff Report are incredible. He particularly appreciated the map that was useful in helping him understand the data. Chair Tift commented that, with the right ferry service, Bremerton is poised to become a bedroom community to Seattle. Based on the growth expectations for Seattle,he could easily see families migrating to Bremerton within the next 20 years. Bremerton Planning Commission Minutes July 15,2014—Page 5 of 9 Attachment Workshop: Discussion of Potential Subdivision Code Amendments Ms. Floyd provided a brief overview of the subdivision approval process. She also provided diagrams to illustrate the differences between preliminary and final subdivision documents. She explained that, in a perfect world,the two drawings should not look substantially different. However, the final subdivision document is more detailed and should include conditions of approval,minor revisions,title notes,etc. Ms.Floyd advised that the 5-year timeline for preliminary subdivision approval is very important and is standard throughout the state. It ensures an applicant a 5-year time frame to complete a project without having to meet new code requirements. At the same time,it ensures that new codes are eventually implemented. Ms Floyd recalled that during the recession(starting in 2008)housing development stopped and financing for subdivisions was no longer available. To address this unique situation,the state allowed for several different timeline extensions. As per current state law,developers who obtained preliminary plat approval before January 1,2008 have ten years to complete their projects. Developers who obtained preliminary approval after January 1, 2008 have seven years to complete their projects. Starting on January 1,2015,the timeline would revert back to five years. Ms. Floyd pointed out that the City of Bremerton granted preliminary approval for nine subdivisions in 2008 and prior, which equates to about 2,000 lots. None of the projects have been completed,and most have been or are being purchased by new owners who are interested in continuing the process. They have approached the City with questions about how much change can be made without incurring additional fees,new permit submittal and loss of vesting. At this time,Bremerton's current code does not adequately address all of these questions. She reviewed three potential code amendments that would clarify the City's requirements: • Clarify major versus minor amendments. Ms.Floyd provided a case study of the Sinclair Ridge Project to illustrate the problems with the current code. The project is a 600-unit subdivision on 125 acres located on Old Clifton Road. It was approved in 2007 and is vested until 2017. There are four streams and five wetlands on the site,and it is surrounded by very steep slopes. Although only 30 acres of the site are critical areas that cannot be built upon, the developer has set aside about 50 acres of open space. The original 2007 approval allowed for residential cluster development, which is an optional process to preserve open space by allowing for alternative design. The density was set at 7 units per acre,and specific wetland,stream and slope reports and conditions were required. Ms.Floyd said the applicant has requested a reduction in the number of units from 600 to 300 based on market trends that support bigger lots and has argued that the change would result in a reduction in impacts to roads,schools,and critical areas and allow for a better site layout. However,if the number of units were reduced in half,the project would no longer meet the density requirement of 7 units per acre and it would be necessary to review the impacts to roads,sewer,police and fire based on the lower density as there would be fewer people paying for infrastructure improvements. The applicant has also requested to eliminate the cluster component, which means the applicable codes and requirements would change and a complete new set of plans and reports would be needed. Other potential changes include eliminating or changing the Hearing Examiner's conditions and the State Environmental Policy Act(SEPA)mitigation that was identified in the original plan and extending the timeline beyond ten years. She provided pictures to compare the proposed new project layout to the original project layout,specifically noting that although there would be fewer units,the plan would be significantly different. Ms. Floyd explained that the current code allows the Director to administratively approve minor amendments to a preliminary subdivision approval,and a major amendment includes but is not limited to any of the following: o Increase to the number of lots. As described earlier for the example scenario,the changes discussed would result in a.decrease rather than an increase in the number of units. o Relocation of the roadway access point to an exterior street from the plot. The applicant is proposing to relocate every road in the project,except for the exterior access. o Modification of phasing of plat development not previously approved. The applicant is proposing a change in phasing,but the request is for a Development Agreement instead. Bremerton Planning Commission Minutes July 15,2014—Page 6 of 9 Attachment I o Amendments that, in the opinion of the Director, would significantlyincrease any adverse impacts or undesirable effects of the plan. Although this language works,it is a bit ambiguous and could be written more clearly. The Director and the City's Legal Department have determined that the amendments are major because the applicant intends to change the phasing and Hearing Examiner conditions cannot be changed without returning to the Hearing Examiner for a public hearing. In addition,changes to the SEPA review would require a new process as the parties of record,jurisdictional boundaries,and potential project impacts have all changed. Ms.Floyd said there is also a question of whether major amendments can vest to the old code. She explained that vesting happens when an application is deemed complete, but it is unclear whether that means the original application or the application for the amendment. In this situation,no infrastructure has-been installed-and the applicant has submitted a new storm plan,plat map and environmental documents. Because all of the project documents are new,the City has made the determination that a new approval process should be required and the application should vest in the new code. While there is case law to support this decision,it is not spelled out specifically in the City's current code. Ms.Floyd said staff is proposing that the code be amended to incorporate new language so that major amendments include: o Changes to the Hearing Examiner's Decision. o Revisions that increase or decrease the number of lots by 5%or 5 lots(whichever is less). o Are processed in the same manner as a new Preliminary Plat—vesting occurs with amendment application. Ms.Floyd said the proposed changes are consistent with the City's current procedure,but codifying the procedure will save time and energy and provide clarity for both applicants and staff. • Add language"for timeline extensions. Ms. Floyd shared another case study of the Bayside Project, which is located near the Sinclair Ridge Project. It received preliminary approval in 2006 for 294 lots, and Phase 1 infrastructure was 90%complete in 2008. The developer obtained final plat approval for half(124 lots) of the project in 2013, and the remainder of the project must be completed by 2016. While she anticipates the project will be completed within the next two years,the current code does not have a provision for allowing additional time if necessary. Ms.Floyd said staff is recommending the code be amended to add language that allows for.at least a one-year extension for infrastructure completion. She noted that most jurisdictions allow a one-year extension for developers who are making a good faith attempt to complete their projects and satisfactory progress towards completion has been made. • Add language to allow for phasing beyond 5 years Ms.Floyd said the phasing(or timeline)of a project is identified as part of the preliminary approval,process. However,the Bremerton Municipal Code does not address phasing beyond 5 years. She explained that most jurisdictions allow for phasing at the preliminary plat approval; and staff believes that phasing beyond five years is a good idea,but there should also be limits. For example,no phase should be longer than 5 years,and total phasing should not exceed 10 years. She pointed out that allowing phasing beyond 10 years would encourage people to sit on projects for long periods of time because they are vested in the old code. Ms. Floyd requested the Commission provide guidance for staff to begin drafting amendments for a public hearing in September. No one in the audience indicated a desire to speak to the Commission regarding the proposed amendments. Commissioner Simpson referred to the proposed amendment that clarifies what constitutes a major amendment and asked how staff arrived at the recommendation that`revisions that increase or decrease the number of lots by 5%or 5 lots"should be considered major amendments. Ms. Floyd answered that the recommendation is based on research from other jurisdictions. Bremerton Planning Commission Minutes July 15,2014—Page 7 of 9 Attachment I Commissioner Wofford said he finds the recommended amendments to be reasonable as presented. Ms. Floyd explained that while formal action is not required at this time,she would like the Commission to provide specific direction for moving forward. Commissioner Wofford said he supports code amendments that standardize procedures and regulations and provide additional clarity. Chair Tift also expressed concern about classifying revisions that increase or decrease the number of lots by 5%or 5 lots, whichever is less,as major amendments. He suggested that perhaps changing the term"whichever is less"to"whichever is more" would be more reasonable. He also asked if the one-year extension for unforeseen delays could be renewed for additional years. Ms. Floyd said most jurisdictions limit the extension to just one time, which is consistent with the Shoreline Master Program,as well. Chair Tilt commented that it was helpful to see examples of the types of issues developers are faced with,and it was good to learn about the projects that have already received preliminary plat approval. Commissioner Albright said she supports anything the City can do to help facilitate further development of existing projects. Chair Tift summarized that the Commission supports moving the proposed amendments forward,as presented. However,he asked staff to give fiuther consideration and provide additional information about what constitutes a major amendment with regard to the number of lots. Commissioner Wofford cautioned that using the word"significant" creates ambiguity in the code. BUSINESS MEETING Chair Report Chair Tilt thanked the Commissioners for their attendance. He commented that the public turnout was also gratifying. Although the casino item was not scheduled on the agenda for Commission discussion,there was a lot of passion and courage in the room. Director Report Director Spencer distributed information about the casino proposal that was sent to the Planning Commission by the project proponent. She clarified that this is not a staff-driven item,but simply information that came to the office. Director Spencer reminded the Commission that their August meeting was cancelled. The next regular meeting is scheduled for September 16*,and the agenda will include a public hearing on the subdivision code amendments. There will also be a discussion about the schedule and work plan for the Comprehensive Plan update. She reported that planning staff is conducting district tours with City Council Members,taking a look at non-conforming uses and discussing what can be done with zoning to reduce the number of non-conforming uses. District Profile Reports will be prepared to summarize the findings from each tour,and the reports will be available via the City's website for public comment and review. The profiles, in conjunction with the Buildable Lands Report, will set up the work program for the Comprehensive Plan. After their September workshop,she anticipates the Commission will hold a public hearing in October to formally set the work program for the 2016 Comprehensive Plan update. Director Spencer announced that the City Council is scheduled to take action on July 16d' regarding the Commission's recommendation for amendments to the District Center Core Zones. Vice Chair Dinkuhn asked if the issue would be remanded back to the Commission if the City Council does not adopt their recommendation. Director Spencer commented that the City Council usually accepts the Commission's recommendations,sometimes with minor modifications. However,if they deny the recommendation,the issue would likely come back to the Commission for further review. She advised that the new ordinance would become effective approximately two weeks after City Council adoption. Bremerton Planning Commission Minutes July 15,2014—Page 8 of 9 Attachment I Old Business There was no old business to come before the Commission. New Business No new business was scheduled on the agenda. ADJOURNMENT The meeting was adjourned at 7:28p.m. Respectively Submitted by: A r r, r Ric .Ti Ex a Planning Comtoffssi . Bremerton Planning Commission Minutes July 15,2014—Page 9 of 9 Attachment CITY OF BREMERTON PLANNING COMMISSION MINUTES OF REGULAR MEETING September 16,2014 CALL TO ORDER. Chair Tift called the regular meeting of the Bremerton Planning Commission to order at 5:30 p.m. ROLL CALL Commissioners Present Staff Present Chair Tift Andrea Spencer,Director,Department of Community Development Vice Chair Dinkuhn Allison Satter,Senior Planner,Department of Community Development Commissioner Albright Garrett Jackson,Planner I;Department of Community Development Commissioner Nethery Commissioner Simpson Commissioner Wofford Commissioners Absent Commissioner Strube(excused) Quorum Cerdfi'ed APPROVAL OF AGENDA COMMISSIONER WOFFORD MOVED TO APPROVE THE AGENDA AS PRESENTED. COMMISSIONER SIMPSON SECONDED THE MOTION,WHICH CARRIED UNANIMOUSLY. APPROVAL OF MINUTES COMMISSIONER WOFFORD MOVED TO APPROVE THE MINUTES OF JULY 15, 2014 AS AMENDED. COMMISSIONER SIMPSON SECONDED THE MOTION,WHICH CARRIED UNANIMOUSLY. PUBLIC MEETING Call to the Public(public comments on any item not on the agenda) Chair Tift issued a call to the public for comments on items other than those listed on the agenda. He noted that a number of citizens were present to speak on the casino proposal. This item is related to the Comprehensive Plan Update, which is scheduled as the last item on the agenda. He emphasized that no formal proposal for a casino has been submitted to the City, and the specific issue is not scheduled on the Commission's agenda for discussion at this time. However,he acknowledged ' that the use could be considered as part of the Comprehensive Plan Update if an application is received. To respect the citizens'time,the Commission agreed to accept public comment regarding the Comprehensive Plan Update now rather than waiting until the end of the agenda { t Attachment I Bob Dryer, Bremerton, said he and his wife are the Neighborhood Watch Block Captains for the 1700 block of North Wycoff where they have lived for 8 years. He noted that his block is a heavily-traveled road without sidewalks and 20 children. Within a half mile radius from his home during the months of July and August there were 6 assaults, 14 civil and domestic disturbances and 19 burglaries and thefts;and statistics demonstrate that bringing a casino into the residential area would result in increases across the board. Although THE KFIW SUN reported that the Mayor and City Council are opposed to a casino use, an article in last night's SEATTLE TIMES demonstrates that the discussion is not over. He shared the following data to support his opposition to casino uses: • Based on data from the United States Agriculture's Report on Expenditures on Children by Families in 2013,Bremerton was listed as the 8m worst city in the country for raising children in economic terms. • In 1997, the Kansas City Star reported on a survey of 184 Gamblers Anonymous members, which indicated that 56% admitted to some illegal act to obtain money to gamble, 58% wrote bad checks, and 44% stole money from their employers. • In 1999,the National Gambling Impact Commission's Study recommended a national moratorium on the expansion of gambling and more study of its cost benefits and effects. • A 2001 report evaluating industries with externalities,particularly in the case of casinos,stated that studies that purport to evaluate the economic impact of casinos commonly exhibit a great deal of misunderstanding about what should be included among benefits and costs. e_- A 2006 Washington Post report on casinos,crime and community costs stated that crime began to rise after the first year until it had far surpassed what it would have been if the casino has never opened. By the 50'year,robberies were up 136%,aggravated assault 19%,auto theft 78%,burglary 50%,larceny 38%and rape 21%. The report provided evidence that casinos create crime locally and don't merely attract it from somewhere else. The 2014, the Ohio Casino Control Commission's Criminal Statistics identified 319 criminal incidents in one year directly related to their casinos. Mr.Dryer summarized that the statistics say nothing about the subsequent destruction heaped on local families. Along with crime and increased foot traffic, vehicular traffic will increase where street parking is already limited, thus making the neighborhood all the more dangerous for children. With the combination of increased crime and continued economic loss, housing values continue to drop and struggles only intensify for families working to build their lives in the community. As researcher Earl Grinols said, "Gambling is a loser from society's point of view and carries social costs that outweigh the benefits" As a local government, the Commission has a moral responsibility to protect the citizenry. He urged them not sacrifice the citizens for the sake of economic illusions. Pete Cain,Bremerton, said he lives just two or three blocks from the site where a casino has been proposed on Callow Avenue. While the area needs to be cleaned up,he expressed his belief that the subject property is too small and not an appropriate place for a casino. A much larger area is needed for this type of use. Lowell Yoxslmer,Bremerton,commented that the City is on a positive path of revitalization from its downtown core to its farthest outlying neighborhoods. Years of hard work and ground work are in motion to ensure the best possible results in creating a strong,positive andinviting city for people to invest in with their dreams of a better future. He said most would agree that more could and should be done to help this along,but rezoning of residential properties to commercial properties to potentially allow a tribal casino would undermine the long-term image and success of the City. He encouraged the City to stay on track and not gamble away its future. Celeste Beaumont, Bremerton, asked that her property and other residential properties be referred to as homes and not simply properties. The homes are located in a neighborhood, and the person proposing the casino should find somewhere else to locate his business. She suggested that the casino proponent is using his Native American status to get what he wants, and it is very unjust. Heidi Yoxslmer,Bremerton,said she and her husband have owned and operated the Hi-Lo 15"Street Cafe for the past 8.5 years. She has reviewed Mr.Ragge's proposal to build a tubal casino starting at 1321 Callow Avenue and branching out in various directions throughout the neighborhood;and she does not support the development in any way,shape or form. She was pleased to read in THE KIMP SUN that the City Council listened to the citizens and is looking out for the best interest Bremerton Planning Commission Minutes September 16,2014—Page 2 of 13 i Attachment I of the community. While working on the 2016 Comprehensive Plan Update she asked that rezoning to allow a tribal casino in the neighborhood be denied. Isaiah Hoffstetter,Bremerton,said he opposes the establishment of a casino on Callow Avenue. Barbara Strassburg,Bremerton,said she owns property next to the HiLo 15'h Street CafB. She has maintained her property and kept her rents low. She screens her tenants very closely,and she is definitely opposed to the casino. She suggested that special consideration should be given to the neighborhood,itself, and the people who have maintained their properties even though they are rentals. Although the City Council has gone on record that they do not support a casino in this location,it could still be considered an option in the Comprehensive Plan. Chair Tift clarified that there is nothing in the Comprehensive Plan or on the Commission's agenda at the moment with regard to a casino. However,the property owner could submit a request for a Comprehensive Plan amendment at some point in the future that would allow casinos. Ms. Strassburg pointed out that the property is tubal land,so the City does not have the ability to govern it. Ms.Strassburg said she thought the obligation of City Council Members was to represent the needs of their district,and she does not believe that Council Member Runyon has done that. Instead of working for the people,he appears to be working for Mr.Ragge,who has indicated his desire to push forward with the casino plan. She questioned when the public would have an opportunity to provide comments regarding the proposal. Rich Connell, Bremerton, said he owns a duplex at I339 Callow Avenue and was present to voice opposition to the proposed casino. He said he is opposed to selling his properties because the assessed value would be less than half of fair market value. Donna Nielson,Bremerton,said she owns property at 1333 North Callow Avenue and supports the proposed casino because it would improve the site and the entire neighborhood. While several property owners testified at a recent City Council Meeting that they had improved their properties,very few of the homes are well-kept. She acknowledged that her house on Callow Avenue is not well maintained. It is a very small home,and they would like to redevelop the site. Bremerton needs more people,and what has been done so far has not encouraged new residents. Tiffany Gay,Bremerton, said she owns property at 1309 North Montgomery and has lived in the neighborhood for six years. During that time,there has not been a lot of improvement. Many of the units are rentals,and there is an abandoned house next to her that she has tried to care for. She voiced concern that the Mayor and City Council have already issued an opinion before a proposal has even been submitted. She said she can't form a definite opinion either for or against the concept until more information is available. However,at this time she is leaning towards being in favor of the idea because it would result in improvements to the area. James Robertson,Bremerton,said he and his wife own the house at 1334 North Callow Avenue,which is near the property in question. His understanding is that the City is at a stalemate with the property owner, and the casino proposal could present a potential resolution. While he is not ready to voice either support or opposition for the proposal, it should at least be considered further. Doug Whittle,Bremerton,said he owns a rental property at 1303 North Callow Avenue. He said he also is leaning in favor of the casino. While the Mayor commented that it would be better to see the properties fixed up,it is important to keep in mind that it is a low-income neighborhood and most of the properties are in poor condition. The casino proposal could address this issue. People who sell their residential properties would have money to move elsewhere and the neighborhood could be fixed up. Caroline Stein, Bremerton, said she was present to represent herself and her mother who own property at 1327 Callow Avenue. She encouraged the Commissioners to think about opportunities for both residential and commercial uses in this area. She voiced concern that focusing solely on the casino could taint future discussions about other potential rezones in the area that would allow desirable commercial and residential development. r David Richards,Bremerton,said he owns property at 1718 North Callow Avenue. He expressed concern that if a casino is developed on property that is tribally owned, the City would not have any control over the use and it could continue to spread. Bremerton Planning-Corlunission Mimates' September 16,2014—Page 3 of 13 Attachment I Barbara Strassburg,Bremerton, agreed that the neighborhood is blue collar, but there are hard-working families living there. Again,she said the casino does not belong in the neighborhood,and property owners should be given an opportunity to fix up their properties if they can afford to. Chair Tift thanked the citizens for their comments,but emphasized that there is no proposal for a casino currently before the Commission. Director Spencer referred to the City's website www.Bremerton2035.com.which provides a link to district profiles. Each profile provides a preliminary analysis of what staff anticipates is going to change in the Comprehensive Plan Update. In addition to amendments initiated by the City, citizens can also propose amendments between January I" and April Id of next year. She particularly invited those present to view District Profile 6 and submit comments to staff. The Planning Commission will hold a public hearing on the work plan for the 2015 Comprehensive Plan Update in October. Those who sign up on the website can become parties of record and receive notices as the update process moves forward. Public Hearing: ZonM Code Amendments for Subdivision Regulations Ms.Satter reviewed that the Commission conducted a workshop in July to discuss proposed amendments to the subdivision regulations to reflect economic changes and improve the clarity and flexibility of the City's code requirements. She explained that the subdivision process is broken into three steps: • Preliminary Approval. This conceptual review evaluates project plans and determines if they are feasible and able to comply with all applicable regulations. A Preliminary Approval is valid for five years. • Site Development. At this point,the applicant submits plans for the construction of infrastructure (sewer lines,water lines, roadways, parks, sidewalks, street lighting, etc.). This approval grants the applicant the ability to begin construction,but only for infrastructure,not homes. The infrastructure must be completed within a five-year window. • Final Approval. A developer will not be permitted to create the new lot lines until all the required infrastructure has been completed and approved by the City. This final step includes the recording of all the separated lots and the granting of new addresses and tax lot numbers. This allows each lot to be sold and developed. Ms.Satter reviewed that at their July workshop,the Commission directed staff to research other jurisdictions and prepare amendments that address the following topics related to the processing and permitting of subdivisions: •: Clarify the differences and requirements for "major" and "minor" amendments to preliminarily approved subdivisions. There are numerous preliminarily approved new lots in Bremerton that have not been finalized,and most are under new ownership. In many cases,the new owners want to maintain the code vesting of the existing approval but substantially change the project's scope,size,layout,etc. The existing code language is vague and does not adequately differentiate a"major amendment" from a "minor amendment" In addition, it does not clearly identify what would trigger an entirely new project approval. Staff recommends modifying the code to allow minor amendments as an administrative approval, but require major amendments to re-apply for preliminary plat approval. The revised code language also lists the following criteria for determining whether or not an amendment is minor. o No changes to the conditions of approval given at preliminary approval o Minor reduction of lots(no more than 5) o No increase in lots o Minor alteration of layout(no more than 10%overall change) o Changes to phasing are not permitted with a minor amendment • Add language to allow for project phasing beyond five years for new subdivision applications. Economic changes as a result of the recession have increased the popularity of phasing. However, only a few jurisdictions have specific code language to address the concept After reviewing other jurisdictions and assessing the State code regarding the topic, staff recommends modifying Bremerton's code to allow for phasing, but limit the number of phases to four, require the first phase to be completed in five years,and establish a two-year time limit on each subsequent phase. Staff also recommends adding criteria to establish bow phasing is to be reviewed and what needs to be submitted for the phasing plan h I Bremerton Planning Commission Minutes September 16,2014—Page 4 of 13 i d Attachment I • Increase flexibility by adding language to allow for extended time to install required infrastructure for existing projects struggling to achieve completion of requirements. As per State Law,plats approved before 2008 have a 10- year completion timeline,those approved before 2015 have a 7-year completion timeline,and those approved after 2015 will have a 5-year completion timeline. The City has approximately 2,000 lots with preliminary approval that would have expired already had it not been for the State doubling the time allowed for project completion. Many of these existing projects have not progressed since their original approval nearly 10 year ago,and little or no infrastructure has been installed. As the expiration date of the State extension nears, developers are beginning to request extensions in order to further extend the life of preliminary plat approvals so they do not have to comply with the more stringent requirements in place today. Extensions are requested for projects with existing land use approval and are typically granted under extenuating circumstances when project construction is near completion but cannot be fully completed in the time allotted. Consistent with many other jurisdictions,staff is proposing the City allow two, one-year extensions over the life of the project if o The application for an extension is filed at least thirty days prior to the preliminary subdivision expiration. o It can be demonstrated that tangible progress and reasonable diligence is being made towards infrastructure completion such that it is clear the project completion will occur within the timeline of the extension requested. o It can be demonstrated that the extension requested is the minimum necessary to finalize the necessary infrastructure improvements required for final subdivision approval. Ms. Satter explained that, when reviewing the proposed amendments, the Commission should carefully consider the combined impacts of extensions and phasing. For example,because the amendments would significantly extend the time a new project remains valid,the combined impact may encourage developers to gain preliminary plat approval without the intent of developing in the near future so that the project is vested to the older,less strict regulations. Chair Tift issued a call to the public to participate in the public hearing. Mark Kuhlman,Bremerton,said he is the owner of Team 4 Engineering and has been doing subdivisions in Kitsap County since 1976. He expressed concern that although the subdivision process has gotten far more difficult over the years, the timeline has remained the same. He pointed out that 60%of a project's engineering is related to stormwater issues, and it takes much longer to do a design that complies with the codes. In addition, it takes longer for staff to review the more complex designs. He said it is not unusual to have a two-year period between the time an application is submitted and the time a construction plan is approved. They try to focus their work in the dryer summer months,and construction is further complicated by water/fish windows. Even a good project in Kitsap County will only have four or five sales per month, so large projects will likely be phased. Five years is definitely not enough time to complete a plat of 100 to 200 lots. He said he supports the proposed amendments,which provide more clarity to staff. Isaiah Hoffstatter,Bremerton,said he was present to support the idea of building more residential housing in Bremerton. Development projects will provide more work for members of his local Union 528 to install the concrete foundations. The public comment period was closed. Commissioner Wofford asked if the City requires developers to provide irrigation for street trees and if they must be replaced if they die. Ms. Satter answered that the City requires developers to provide irrigation for street trees that are planted on site and in the rights-of-way,but there is a temporary provision for irrigation on soils that take deep moisture. At least 80%of the landscaping must survive a minimum two years,and the trees should remain for the life of the project. if not,the City can require tree replacement. Commissioner Albright referred to the proposed amendments to Bremerton Municipal Code(BMC)20.12.140(2)(b),and asked if an amendment would automatically be considered"major'if the Director determines that a new State Environmental Policy Act (SEPA) Checklist would be required. Director Spencer explained that the intent of this statement is that subdivisions that have already gone through the SEPA process and received preliminary approval could use the existing environmental documents for the subdivision amendment as long as the proposed change would not increase the environmental impacts. Commissioner Albright voiced concern about allowing the Director the discretion to make this determination. i' i; Bremerton Plamiing Commission Minutes September 16,2014—Page 5 of 13 Attachment Chair Tift observed that,as currently proposed,a project approval would have an 11-year time limit,with two potential 1- year extensions,for a maximum total of 13 years. Ms.Satter concurred and clarified that while an applicant could break the project into a maximum of four phases,only two extensions would be allowed for the entire project. Commissioner Simpson asked if a developer would be required to complete infrastructure for the entire subdivisions before he/she would be allowed to sell the lots and begin development in phases. Ms.Satter clarified that a developer must submit a plan for all of the infrastructure required on the site,but completion of the infrastructure improvements could be done in phases. Chair Tift observed that the objective of the proposed amendments is to save original projects from having to start over when minor changes are proposed. Director Spencer clarified that the proposed language would provide clarification and codify how staff has been processing minor versus major amendments. Commissioner Simpson recalled that at their study session in July,she expressed concern about limiting minor amendments to no more than five lots, regardless of the project's size. She asked if it would be possible to base the change on a percentage of the lot capacity. Director Spencer said staff researched this option and was unable to get a percentage approach to work because 5%of a very large subdivision is a significant change. Capping the change at 5 would be the easiest approach for implementation. COMMISSIONER ALBRIGHT MOVED THAT THE COMMISSION RECOMMEND THE CITY COUNCIL ADOPT THE TEXT AMENDMENTS TO BMC 20.12 AS DETAILED IN ATTACHMENT I,BASED UPON THE STAFF REPORT AND THE FINDINGS AND CONCLUSIONS PRESENTED IN ATTACHMENT H. COMMISSIONER WOFFORD SECONDED THE MOTION,WHICH CARRIED UNANIMOUSLY. Workshop: Zoning bode Amendments for Sign Regulations Mr. Jackson reviewed that the sign code was last changed in May of this year in order to avert the impending scheduled amortization and removal of nonconforming signs citywide. During the review process for the changes, staff received comments from the public, Planning Commission, and City Council requesting increased visibility for freestanding signs along Kitsap Way and Wheaton Way. Since that time,staff has considered options for making the sign code more flexible, while maintaining compliance with the Comprehensive Plan. At this workshop, staff is seeking feedback from the Commission on increasing sign visibility. Other workshop topics include additional language to permit a limited number of way-finding signs as required by the Washington State Department of Transportation (WSDOT) and the revised nonconforming sign code. • Freestandine Slxns Mr. Jackson reviewed that the Comprehensive Plan mandates that there is a balance between the size and number of freestanding signs. Currently, there are a large number of signs on Kitsap Way and Wheaton Way, but they must be relatively small in stature. This has resulted in a streetscape that is obscured by signage. Not only is the streetscape cluttered,but it defeats the purpose of advertising in general. He advised that,as per the current code,properties fronting on Wheaton Way and Kitsap Way are permitted signs up to 8 feet in height and 60 square feet in area. While this is more conservative than in neighboring jurisdictions, Bremerton allows a higher number of signs per parcel on large properties. Currently,parcels with less than 50 feet of street frontage are limited to one freestanding sign,but parcels over 50 feet are permitted multiple freestanding signs,provided they are setback 25 feet from the property line and spaced fifty feet apart. He provided examples of current signage,noting that although large properties are allowed additional signage,most developers are choosing to have only one or two signs along the street front Consistent with neighboring jurisdictions, Mr. Jackson said staff is proposing that the code be amended to permit fewer signs with increased height and area on Wheaton Way and Kitsep Way only. As currently proposed, the maximum sign height would be increased to 15 feet and the maximum area to 100 square feet The number of signs permitted would be limited to one per parcel's street frontage,and the 25-foot setback and 50-foot spacing requirements would be eliminated. In addition,staff is recommending a limited number of exceptions to permitting one sign per each street frontage: Bremerton Planning Com niision Minutes September 16,2014—Page 6 of 13 i i Attachment I o One additional sign would be permitted for properties with over 500 feet of continuous street frontage. o Permit a new variety of signage (Co-Op) that would provide businesses that do not have street frontage on Kitsap Way or Wheaton Way a reasonable opportunity to advertise. A business would only be allowed one co- op sign per street frontage, and the properties participating in the program must share a property line. Consistent with the Comprehensive Plan,this opportunity to advertise would not result in an increase in overall signage,as the property owner would relinquish the right to have a freestanding sign on the non-fronting parcel. He shared several examples to illustrate where this exception could be applied, and suggested that the option would provide incentive for business owners to replace signs that are in disrepair with new, more visible signage on major arterials. Commissioner Wofford asked if a strip mall on Kitsap Way with several businesses would be limited to just one sign. Mr. Jackson answered that only one sign would be allowed per street frontage. However, he emphasized that the proposed amendment would dramatically increase the square footage and height limits allowed. He specifically referred to the proposed amendment to BMC 20.52.100(c),which would remove language that permits additional freestanding signs. Also, instead of requiring 300 linear feet to qualify for a shopping center sign,a minimum of 8 acres would be required. • Nonconforming Signs Ms. Satter reviewed that earlier in 2014 the City replaced its amortization requirement with a nonconforming code that is tied to activities occurring on a site-by-site basis. As currently written, off-premise signs lose their legal, nonconforming status if they are altered. On-premise signs lose their legal,nonconforming status if alternations to the sign are made that exceed 25%of the replacement cost of the sign,alterations are made to the associated business or site that exceed 75%of the assessed improvement value of the site or$50,000 dollars,or the sign has not advertised an existing business on the subject property for one year or more. Ms. Satter explained that while the guiding concept for nonconforming signage represents a drastic improvement over amortization, fine tuning is required in its application to ensure consistency with all signage and with the Comprehensive Plan. Staff is specifically seeking feedback from the Commission about when the City should require property owners to remove signs. For example,how should they handle situations where multiple tenants advertise on a single sign or there are multiple tenants on a site? Also,should the City require that a nonconforming sign be removed at the time of building permit or when the actual improvements are made? • Way-Finding Signs Mr. Jackson explained that WSDOT has a program for posting informational signage along highways to aid motorist in finding off-highway opportunities. In some cases, when a business is not within a reasonable distance from the highway, WSDOT will require it to post way-finding signs to help motorists Iocate the site. These signs require the permission of the local jurisdiction. Currently, the City does not permit this type of off-premise sign, and staff is suggesting the code be amended to permit them for recreation and tourist activities. However, it is important for the City to have an organized program that includes design standards and limits the placement and number of signs. He invited the Commission to provide feedback regarding what the appropriate design standards might be. Chair Tift invited members of the public to comment on the proposed sign code amendments. No one in the audience indicated a desire to participate,and the public comment period was closed. Commissioner Simpson asked if staff would propose design criteria for co-op signs. If so, how would it address what happens to the sign when one business changes and a portion of the sign needs to be altered. Director Spencer clarified that co-op signs would not be a combination of signage between two property owners. It is essentially taking the freestanding sign that is allowed on the back parcel and moving it to the street front. The front parcel would be allowed to have a separate freestanding sign,as well. Mr.Jackson added that each nonfronting parcel would be allowed just one street front sign. Commissioner Albright commented that property owners in the downtown core are extremely interested in amending the code to allow for way-finding signs. They are currently seeking funding to introduce way-finding signage to direct people Bremerton Planning Commission Minutes September 16,2014—Page 7 of 13 Attachment I from the ferry into the downtown core. She suggested the Commission invite the downtown businesses to comment on the issue. Director Spencer reminded the Commission that the current code does not allow off-premise signage. While basic directional signs are allowed,they cannot include business logos,etc.that identify certain businesses. Commissioner Wofford asked if there would be a space requirement between co-op signs and signs advertising a street front business. Mr.Jackson answered that no spacing requirement as been proposed. The number of signs allowed is determined by the number of street frontages a property owner has. Where they are placed is up to the developer. Staff has found that spacing requirements can be confusing and serve little purpose. Director Spencer added that there are placement requirements associated with driveways to ensure that clear vision triangles are maintained. Commissioner Dfnkuhn said that in an effort to reduce clutter and maintain visibility,she would prefer a lower overall size limit that is consistent with Port Orchard and Kitsap County. Perhaps 90 square feet would be better. Commissioner Wofford concurred. Commissioner Nethery asked if a co-op sign would require an agreement between the fronting and nonfronting property owners. Director Spencer answered that both property owners must be willing,and the agreement must be submitted to the City. Commissioner Nethery asked if the agreement could be voided if properties and/or businesses change hands. Director Spencer cautioned that the logistics of the concept still have to be worked out Commissioner Nethery noted that,as proposed,larger shopping center signs would only be allowed on properties that are at least eight acres in size. He expressed concern that the proposed size limit would not be enough for smaller shopping centers with multiple tenants. Ms. Satter explained that staff considered how the proposed amendments would be implemented on existing shopping centers. All of them are greater than eight acres,which means that a sign of up to 300 square feet would be allowed. She pointed out that the current code allows pole signs for businesses along the freeway corridor. Commissioner Nethery said he supports the proposed amendments,which allow greater flexibility. He commented that the current sign limitations have driven away several prospective buyers. Commissioner Dinkahn asked if code language could be added to require actual property owners to deal with derelict signs rather than the tenants that are no longer there. Director Spencer agreed that is a significant issue,and the current code does not mandate removal. Staff has made the interpretation that if a sign has not been used for signage in the past year,it can no longer be used. However,there are situations where other businesses have advertised on the same sign pole. Should they be allowed to continue to use the same pole,and simply remove the portion of signage that is no longer used? Commissioner Simpson questioned the cost of removing and/or replacing the old"Baskin Robbins"sign. The current code eliminates the property owner's ability to use the existing sign, and the proposed amendment would require the sign to be eliminated. Yet the City cannot even guarantee that the area where the current sign is located is large enough to accommodate a new monument sign at the dimensions proposed. She is leaning towards allowing replacement of the "Baskin Robbins"portion of the sign until such time as the property owners are willing to remove and/or replace the entire sign. Director Spencer recalled that until recently, all nonconforming signage had to be removed by a certain date. This amortization process was replaced with new nonconforming provisions. Commissioner Simpson asked if staff could provide a cost estimate for removing an existing nonconforming sign and replacing it with a code-compliant sign. Commissioner Dinkahn expressed her belief that cost is irrelevant The bigger issue is whether or not the City should hold property owners responsible for the contributions they make to the community. If a sign is visually atrocious, the City should have the ability to require something better. Commissioner Albright suggested that perhaps the replacement criteria could be based on whether or not the anchor tenant and/or anchor use has changed. ' Chair Tift commented that because the Commission recommended and the City Council adopted code language that replaced the amortization provision with the nonconforming provision, they must come up with reasonable guidelines to F guide future implementation. Director Spencer summarized the Commission's feedback as follows: Bremerton Planning Commiision Minutes September 16,2014—Page 8 of 13 } Attachment I o The Commission offered support for amending the code to permit fewer freestanding signs with increased height and area on Wheaton Way and Kitsap Way. The total number of freestanding signs would be limited to one,except one additional sign would be allowed for properties with over 500 feet of continuous street frontage. o The Commission indicated support for amending the code to permit a new variety of signage(co-op)that would provide business that do not have street frontage on Kitsap Way or Wheaton Way a reasonable opportunity to advertise. Commissioner Nethery agreed to provide information to staff about how real estate transactions work. o Additional work is needed to address criteria for multi-tenant signs that are nonconforming. o Staff will continue to work on a proposal for off-premise way-finding signage. The Commission took a short recess at 7:27 pm. The meeting was reconvened at 7:34 p.m. Workshop: Comprehensive Plan Update Introduction and Work Plan Ms. Satter said the purpose of the workshop is to introduce the Planning Commission to the Comprehensive Plan Update. Topics of discussion will include the work program, public participation process, and an overview of the schedule. She reviewed the purpose of the Comprehensive Plan,explained why it must be updated on a regular basis,and advised about the timeline for completing the update. The Legislature approved an extension due to the economic recession, and the City's deadline for completing its update is now June 30, 2016. She emphasized that the City must have an up-to-date Comprehensive Plan to be in compliance with the Growth Management Act. Ms. Satter referred to the proposed Work Program (Attachment C), which identifies the major steps or phases of the planning process,the roles and relationships among the participants in the process,a timeline for program execution,specific major technical tasks,and products of each phase. She noted that a total of 24 meetings have been identified,including 14 Planning Commission workshops throughout 2015 with staff presentations and opportunity for public comments, Ms.Satter reviewed the overall vision of the 2004 Comprehensive Plan. She explained that the City of Bremerton has been identified as a Regional Growth Center in the multi-county and county-wide planning policies. Because the City is a metropolitan area, it needs to plan for additional development. The intent was to protect and promote the single-family neighborhoods,provide more choices and opportunities,improve efficiency and insure compatibility throughout the area. A significant element of the 2004 Comprehensive Plan was the "centers concept" which calls for having development and infrastructure in the core areas, with supporting residential uses around it. The goal was to create stronger neighborhoods surrounding the centers and promote walkability,a mixture of uses,different housing types and more transportation options within the centers. Ms. Satter provided a map of the City, particularly identifying the various Centers. She referred to the Land Capacity Analysis that was presented to the Commission in July. She reminded the Commission that the State Office of Financial Management,Puget Sound Regional Council,and K#sap County have indicated that the City of Bremerton must have a plan in place to accommodate about 19,000 additional jobs and 14,000 additional residents in the next 20 years. A preliminary Land Capacity Analysis indicates that, based on current zoning, the City can accommodate 34,000 additional people and 20,000 additional jobs. Because the City has excess capacity with the current zoning, staff does not anticipate any Comprehensive Plan changes will be needed to allow increased growth. Ms. Satter encouraged Commissioners to visit the project website at www.Bremerton2035.com, which will be continually updated as the process moves forward. It will provide access to all of the documents provided to the Planning Commission, and outline the various opportunities for public involvement. Ms.Satter explained that the Comprehensive Plan Update Work Program will consist of three different review types: • State Regulation Compliance. Staff reviewed the Comprehensive Plan for compliance with all of the State and regional plans and regulations that have come out since the last update in 2004. The Washington State Department of Commerce has provided a checklist to assist in this task. Attachment C of the Staff Report provides feedback on how the current Comprehensive Plan does or does not address the new state regulations. A common theme throughout the Bremerton Planning Commission Minutes" September 16,2014—Page 9 of 13 �I i Attachment I checklist is the need to update with current data. It is also important to incorporate newly adopted City plans. In addition, staff is currently participating in a joint land-use study to address military operations, which is being lead by Kitsap County. Policies and documents that result from this study will also be incorporated into the Comprehensive Plan. • District Profiling. Staff and City Council Members walked through each of the seven districts in the City and a profile was created for each one. Each of the district profiles includes graphs and data on trends of development, age of structures,assessed value,etc. They also include the land-use designation descriptions from the current Comprehensive Plan. She provided a brief overview of the key findings of each of the district profiles as follows: o District 1 —The Sylvan/Pine Neighborhood Center is located in this district, and the Armin Jahr School and Blueberry Park are its key features. The idea is to have commercial uses around the key features,transitioning into higher-density residential and the single-family neighborhoods. Since adoption in 2004, minimal development has happened within this center, and it does not currently have any existing commercial development. Staffs recommendation is to remove the Sylvan/Pine Neighborhood as a center and reallocate the growth targets. A possible solution is to designate the Lebo Neighborhood as a center. The area provides key services such as a grocery store,shops and professional offices,with moderately intense residential uses incorporated above the commercial spaces and near the center core. However,there is also a significant number of duplexes north of Lions Park, and many are in need of major renovations. The 2004 Comprehensive Plan discourages duplex development citywide, and they are considered nonconforming in the residential zones in the Lebo Neighborhood. If the neighborhood is identified as a center, perhaps the Comprehensive Plan could be modified to allow duplexes in certain zoning designations. There are also a few lots abutting Wheaton Way that are considered through-lots with frontage on both Eagle Avenue and Wheaton Way. Currently,the lots are designated as Commercial Corridor(CC),which means that a business developed on the site could have its primary access and building orientation provided from Eagle Avenue rather than Wheaton Way. This could have a negative impact to the surrounding neighborhood. Staff is recommending a split zoning designation to limit the potential impacts to Eagle Avenue. o District 2 —This district includes the Wheaton Way Corridor, Wheaton/Sylvan Neighborhood Center, Perry Avenue Neighborhood Center,Harrison Employment Center,and East Park. The Perry Avenue Neighborhood Center contains commercial on the north end and residential to the south, and there are a large number of multifamily homes located south of the center. Staff is recommending the Commission consider enlarging this neighborhood center to include the primarily nonconforming multifamily structures as the neighborhood center designation supports higher-density development o District 3—This district includes the Downtown Regional Center and the Manette Neighborhood Center, as well as a limited commercial area where the Police Station is located Staff is recommending that the Downtown Regional Center be expanded to include the area along 6th Street,Park Avenue and Warren Avenue. Although the area is primarily developed as commercial business, the current multifamily zoning does not outright support commercial uses. Staff is also recommending that the area between 6'b Street,Burwell Street and Chester Avenue warrants further consideration of the appropriate designation. This area already contains numerous parking lots, a mixture of churches and church commercial uses, and multifamily residential uses. Possible consideration could be given to allowing multithmily with some limited commercial opportunities to transition the downtown into the surrounding neighborhoods. The Manette Neighborhood is considered a neighborhood center that promotes higher density residential and commercial uses. However, the center includes good stock single-family homes which are unlikely to redevelop as they have a very established and developed neighborhood between Scott Avenue and Perry Avenue and 11 m Street and 13"Street. Staff is recommending that this area be removed from the neighborhood center and be re-designated as single family. --Bremerton Planning t:;ommissioii ifiJutes i September 16,2014—Page 10 of 13 i Attachment I A portion of the Olympic College property is located in District 3 and has been used by the college for a number of years. The 2004 Comprehensive Plan identifies the area as Low Density Residential(LDR),which allows educational uses through a conditional use permit process. Located north of the college property is the City's former Cencom Building. Staff receives many requests for commercial use of this space. However,due to the LDR designation,commercial uses cannot be permitted. One intent of the 2004 Comprehensive Plan was to promote homeownership by encouraging single-family homes in LDR areas and limiting duplexes and multifamily structures to center designations. However, there are numerous types of housing, including multifamily structures in this area that are currently classified as nonconforming uses. Staff is proposing the Commission consider re-designating this area and modifying the Comprehensive Plan policies to allow duplexes and townhouses. o District 4— This district encompasses a small portion of the downtown and most of Olympic College. It also includes properties designated as Neighborhood Business(NB) and Marine Industrial(MD. Because there is access to the water, the code requires that any improvements in the W area must be functionally linked to water-dependent activities. However, the Environment Protection Agency (EPA) is currently working on a Superfund clean-up plan for the waterfront properties within this designation. Since the EPA may take over 10 years to complete the clean up, the majority of the MI area does not have access to the water. Staff is recommending the Commission consider an Industrial Park designation for the interim Two lots to the west of the NB designation have commercial uses but are designated LDR. Staff recommends the map be revised to include these parcels in NB. A lot to the east has an NB designation,but is developed as a house. While the lot could be used for commercial, the home was recently remodeled and is not likely to redevelop in the next 20 years. Staff recommends the map be revised to change this parcel to the LDR designation. A lot to the north is also designated as NB but contains a single-family home. Due to topography, it is unlikely this lot will redevelop to commercial, and staff recommends that re-designating the property to LDR may be appropriate. Nonconformities exist within the LDR designation that were built prior to the 2004 Comprehensive Plan, including corner markets. These properties are vacant and if the use is reestablished, it would be required to comply with the nonconforming provisions. However, the Comprehensive Plan is silent about supporting existing nonconforming uses within the LDR areas. Staff is recommending that the Comprehensive Plan goals and policies be amended to address existing nonconforming uses within the LDR areas that have lost their nonconforming status. The Comprehensive Plan identifies Higher Education(HE)as a designation for the land on and surrounding the Olympic College campus. This designation provides for growth of the college campus,but promotes growing up rather than occupying lands in the surrounding areas. Currently, the college owns four parcels that are located beyond the HE designation. Staff recommends that consideration be given to identifying all the parcels owned by Olympic College as HE. The area south of Olympic College contains vacant and underutilized parcels,and staff has had to deny requests to construct dormitories in this location due to the LDR regulations. Staff recommends that this area be considered for potential multifamily and/or institution designations to support housing for the college. o District S — This is the Charleston District Center, which has some industrial designations and limited commercial. The neighborhood just southeast of the center is LDR but is primarily developed with multifamily structures. Staff recommends the Commission consider expanding the Charleston District Center to incorporate this neighborhood and other properties that have nonconforming uses. o District 6 — This district includes the Haddon and Oyster Bay Neighborhood Centers, and parts of the Charleston District Center. There are also some commercial designations. The area around the Haddon Neighborhood Center is primarily established single-family residences under separate ownership.Although the area has the ability to grow commercial uses,it is not necessary or a benefit to have this location considered a Neighborhood Center and staff does not see the advantage of creating a specialized plan with significant Bremerton Planning Commission Minutes September 16,2014—Page 11 of 13 Attachment I population growth for this area targeted. State is recommending removing this area as a center. The existing lots with commercial uses should be classified as some form of commercial designation and the residential uses as LDR Just south of the Haddon Neighborhood Center and north of the Charleston District Center is an area that is designated LDR. The neighborhood contains established single-family residences. There have been proposals to expand the Charleston District Center to include this area. Based on their study and the condition of the neighborhood housing stock,as well as the fact that the growth targets don't require additional redevelopment land area,staff is not recommending an expansion of the Charleston District Center into this established single- family neighborhood. The Commercial Corridor (CC) straddles Kitsap Way. While this designation seems appropriate, specific parcels were identified as inappropriately designated: For example, the parcel just north of the Total Video Building is vacant and available for redevelopment. Due to topography,this commercially designated parcel is above the existing building located on Kitsap Way and can only be accessed from Wilbert Avenue near a 90- degree turn in the road. Staff recommends the property be designated as LDR rather than CC. Across Kitsap Way from this parcel is a single-family residential property that sits about 40 feet above Kitsap Way due to topography. This parcel is also designated as CC, but access for the parcel is on the bend down to the Ila' Street light on Kitsap Way. Staff is also recommending that the parcels between I Ph Street and 9'b Street between Adele Street and where Charleston Avenue starts should be re-designated to a CC designation. The properties are already developed with commercial-type uses. The Oyster Bay Neighborhood Center has not been redeveloped within the last decade.If development were to occur, the area would not necessarily warrant additional planning elements. Staff is recommending that this center be re-designated to a commercial designation. o District 7—This district is the largest district in land area,with approximately 2,600 acres of LDR zoning and not a lot of commercial. The district includes the employment center for the Puget Sound Industrial Center- Bremerton and Bay Vista The district also includes 323 acres of Industrial(1)designation,which is bordered by properties with LDR designations that are developed with single-family homes. It is not likely these properties will be developed with industrial uses. Staff is recommending that all of the single-family properties in the I designation be reviewed and considered for potential re-designation,if appropriate. There is a triangular parcel in the Puget Sound Industrial Center-Bremerton that is separated by a wetland and the only access is from Sunnyslope Road through a residential neighborhood. The property is zoned Industrial, which promotes Davy industrial uses. Staff recommends the Commission consider removing this property from the Manufacturing/Industrial Center(MIC)designation and re-designating to some type of residential. Public Participation. Again,Ma Satter,reviewed that 24 meetings are scheduled for the draft update. Members of the public can submit written comments on the postcards that will provided at each meeting. The postcards will provide contact information for staff,as well. Those who view and comment on their district profiles will be eligible to receive a prize. She encouraged the Commissioners to accept public testimony at this meeting, recognizing that no Planning Commission action is required. The Commission will conduct a public hearing regarding the proposed work plan for the Comprehensive Plan Update on the October 2 ft After the hearing,the Commission will forward a recommendation to the City Council. She invited Commissioners and the public to forward their additional comments to staff or to the www.Bremerton2035.com website. She reminded the public that the timeline for submitting applications for amendments to the Comprehensive Plan is between January 1 and April 1, 2015. No amendment applications will be accepted in 2016. Chair Tift issued a call to the public to provide comments. Ron Ragge,Liberty Lake,said he is the person promoting the concept of a Native American casino on Callow Avenue. He said he was previously told by staff that a Comprehensive Plan amendment related to his proposal was going to be included Bremerton Planning Commission Minnres September 16,2014—Page 12 of 13 Y Attachment I in the 2015 update,but he just learned today that it was not longer included in the list of potential amendments. He pointed out that Council Member Runyon has also indicated support for a more expanded area than what he is proposing. He requested that this option remain open for additional discussion. Chair Tilt closed the public portion of the workshop. Chair Tift observed that, as per the preliminary Land Capacity Analysis, the City can accommodate 34,000 additional people,which would nearly double the current population. Ms.Satter said the current population is about 39,000,but there are large parcels of vacant land that could be developed at a rate of 5 to 10 dwelling units per acre. Some of the additional population could also be allocated into the centers. BUSINESS MEETING Chair Report Chair Tift did not have any additional items to report. Director Reuort Director Spencer announced that the Bremerton Port Commission and the Bremerton City Council took action in August to rename the South Kitsap Industrial Area(SKIA)to the Puget Sound Industrial Center—Bremerton. Director Spencer summarized that the staff spent many hours conducting district tours with City Council Members, and getting out in the field was quite useful. When the Comprehensive Plan was last updated in 2004,the staff was relatively new to the City. Most of the current staff has now been on board for seven to nine years, and they did not want to make decisions based on maps while sitting at their desks. Director Spencer said people who review their District Profile, answer the questions, and provide comments will win a prize. She encouraged the Commissioners to advertise the City's website and encourage public participation. Chair Tift complimented staff and said the individual documents for each district were very helpful. Old Business There was no old business to come before the Commission New Business No new business was scheduled on the agenda. ADJOURNMENT The meeting was adjourned at 8:23 p.m. Respectively Submitted by: Andrea L Spencer,AICP Richard L.Tiff,Chair Executive Secretary Planning Commission i3remerton Planning Commission Minutes September 16,2014—Page 13 of 13 e INA •:. u$o LO O = CL Z F : Yy::i� i yyaf 4 `�' :%p`�•... li:�fii�.�•i Ca•ie.ii{�sw•> �,�. �`�*f��,�E7�?t w.y1. � 3�.C�11 a.� �ti h.i:� h.• �';. r7al� < !xq a�:a�tii �•> _:y��its. .i:�i.�> �v',�;�. ' .�nz IWAJ':�.,iT'��'`.h�� ?•..s4.\`.���,��oF�j.\ \�\.a\`�� '� .. .Y:.?C'r.. �..., P ,roposed Amendmenlf Top'�Ics I Revise Subdivision Chapter of Zoning Code (BMC 20. 12) : � o Major vs. Minor Preliminary Approvals I Phasing e Extensions e: �+� ,i,•::h%'i�= � v � w.••, �•tit-v � S3 u �,;��v��.,��• � F a LI irs i o n @ Preliminary Plat Approval Conceptual Level c- Vests a project for 5 years Used for Financing o Lot sizes - Density o Open Space o Environmental Review o Sewer & Water Service Availability Am= road o Fire Access — Fire Flow o Conceptual Storm- water Plan o Establishes conditions IL for final approval i Subdv'�s'i,! on Approvcfl Process (The Abridged Version) Site Development i o Construction of Site Improvements 5 years to complete site work ' 'y '' ' t n� •:!'� � ",mac. - _ ts. ..qac MER _fid �€°o° .`%' '•7•.`F''�'ti°�'F-�.°�' �-O. ::.j. ���.r.• i f i i i -3, U -C, �-J � vL s o n An �0 0 'Process i GG (The Abridged Version) o Final Plat Approval o City checks to ensure all conditions of approval have been met. o Infrastructure must be completed Last check before creation of lots 4 4hj h i I I i 0 0 P� roces(z si ) uodv'rj' � on Approva (The Abridged Version) (D Only after Final Plat Approval s�- 2 S:n �r .t :•. o .r.•• .A b G •i'�:, �c•: -a ;�.... �k... row•. �, P '�° _ w�,��i ^�jo �� i'� ��ii,r^' ��•� 11 � ice\ 1� � �l �� i � i �1 ��� I�11 i� � � J r( ll r �� �'��1���J �1� iu ✓ CEJ � �� � .� L 1� � C�G � �.� C � l V 1 L �i ;J ��; A I;;�6 o v �_,�Ju U L (� Minor Revision include: @ Changes to storm-water pond size © Change boundaries of an open space area © Roadway design - topography issues i � 3 • Z ti ase.. . Current Code - very vague and easily misconstrued IN /,,/u\,pprOVdS iNI\. , ajor vs Minor PreHm � -.jr�,v7 @ Planning Commission's Recommendation: c, Clarif what is a Minor Amendments o Establish thresholds c, Minor reduction of 5 lots o No increase in lots Minor alteration (less than 10%) No change in Phasing x RECOMMENDED -z Major Amendments = reapply for preliminary plat approval No vesting �- a m. Got Preliminary Approval . What d .o I need to know? o Project is Vested for 5 years* o Complete Preliminary Subdivision Application = Vested to codes of that day o Ensuring time is allotted to complete work without new code requirements. o State Extensions (RCW 58. 17. 140) = standard 5 yrs o Due to Recession: 10 Years 7 Years 5 Years fo � @ When is Phasing Requested ? v Large Subdivisions GGOOFELLOWS NAW YARD TRACTS --- _ VC L!,PACE 52 l ��-�Ru�� -v0YS1ER BAY AY®IUE _ 'I�1 '' PAR.)-?I —Phase 1 //ANSEt1AL WAY Bay Vista f 'NOT A I , f I ` f CENIERI.INE SR 27 I I FUTURE PHASE 3 I CENTERLINE NITSAP WAY FUTURE PHASE 2 -�\ ___�•_\ .ONT TRACTS rr r■ r' P 1 1 1 I I AUT ® �I THE PRESERVEA. NOT P C / FUTURE PHASE t FUTURE PHASE 3 i `p Phases 3 $° *4r o BMC does not address Phasing beyond 5yrs ::. t. :i �..,:i -/_; / `;•� r:i� �` it �i%\ i. it !' I': i: J %� it �� I! `' I �• �% I �� !' \�f if! i\ �\ ���' :� •'�•_% .;�� i3 %i I' i I I I i 61 o� Planning Commission's Recommendation: c-� Set limit to number of phases Oo 4 Phases Max o lst phase done in 5 yrs c 2 yr time for remaining phases TOTAL: 1 1 years Add criteria for Phasing: RECOMMENDED I<) How to be reviewed t What needs to be submitted AM 11,111= r `:`���` • - 111 • = - -- F N 4 TL i I O 5 cr n O O O I I ` L o Extensions for already approved lots o "We need more time. . . o Due to recession - more request coming in c� State (RCW) increased time for plat completion y~ry f Must consider plat implications of compliance ry u (vesting) oo Vest to date of complete application 4. Current code is silent about extensions MEi. S ...1. .e ... .. A. 31xT3ensnu �I C CC u Planning Commission's Recommendation: o :Set limit to extensions: u, Two 1 -yr extensions for life of project o Tangible and reasonable diligence being made for infrastructure c� Prove that infrastructure can be installed during the time of the extension RECOMMENDED co, Add criteria for Applying for , `., .: ii•1;4i „ • 3'# il Extensions: ;{ . o Must request prior to expired 4> .K. I I ; Summc,'rV ol" Proposcoil 'i Revise Subdivision Chapter of Zoning Code: ! p g l is Major vs. Minor Preliminary Approvals 22. Phasing Extensions `f