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HomeMy WebLinkAbout05/20/2015 AGENDA 2=1 CITY COUNCIL 345 6thStreet, Suite 600, Bremerton, WA 98337 ❑ Phone (360)473-5280 AMENDED at MEETING MAY 20, 2015 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. BPD BRIEFING — Police Captain Tom Wolfe 5. PUBLIC RECOGNITION 6. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —May 6, 2015 C. Minutes of Study Session — May 13, 2015 D. Purchase of two (2) Toro ProCore 648 Aerators from Western Equipment Distributors, Inc. for the Gold Mountain Golf Complex E. Professional Services Agreement with Templeton Horton &Weibel PLLC for Litigation Services F. Professional Service Agreement with Lusignan Forestry, Inc. for Timber Harvest Management & Marketing Services G. Real Estate Purchase & Sale Agreement for property located at 646 Washington Avenue 7. GENERAL BUSINESS A. Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement (Formerly Item 7C) B. Ordinance No. 5276 to repeal Chapters 11.08 and 11.10 of the Bremerton Municipal Code (BMC); and adopt a new Chapter 11.08 entitled "Sidewalk and Street Frontage" C. City of Bremerton Speed Hump Policy 8. COUNCIL MEMBER REPORTS 9. EXECUTIVE SESSION A. 20-Minutes to discuss Potential Litigation under RCW 42.30.110(1)(i) 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ®Americans with Disabilities Act(ADA)accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. r THE CITY OF • OPPORTUNITY m.yw Patty Lent mayorQcLbremerron.wa.ua Tel 360,1736266 Fox 360.,173-5883 345 6th Sheet,Suite 600 Proclamation Bremerton,WA 98337-1873 WHEREAS, World War II was a major event in the 20`h century and many of our servicemen and women gave their time and even their lives in the pursuit of maintaining this nation's freedom and the freedom of the world;and WHEREAS,approximately 73,000,000 deaths occurred worldwide during this conflict with approximately 418,500 deaths attributed to the United States; and WHEREAS,Washington State lost approximately 3,950 of our sons and daughters;and WHEREAS,these servicemen and women paid the ultimate sacrifice for the freedom of our Nation an State;and WHEREAS,we are losing many of our veterans who suffered and gave their time,and their generation is passing; and WHEREAS,we are their witnesses and without a witness,they just disappear; NOW, ?HEREFORE,I, Patty Lent,Mayor of the City of Bremerton do hereby proclaim May 23-25,2015 as The Spirit of'45—Honoring Our WWII Veterans in Bremerton and I urge all citizens to join me in this special observance. Signed this 23rd day of May 2015 Mayor Patty Lent �-'' • 9-0- ar y •aYi�' /,!'"tom ,a a•'� �� . AM - t. '" '! � �� •. -`f r� „moi '�. . .S._ MILLER wOODL A VjNIB LH E { r , Aft Avr. 1 11 ~-' MF ' Y •sem .,.. .Z � �� � tf ~!• 1 /� Hoe a • • a - se S§WdONf RDA r, More • • Four Week Summer ProgramElaine Valencia, • • • - • July 24—August 20, 2015 (360) 473-52 . i • Kitsap County families! Experience inappreciation - for a new culture and gain lifelong friendships without leaving home! Weare in need of fa�nilies to host teenage Japanese students from Kure, Japan-Bremerton's Sister Cit}�. The students will be here to learn English and immerse themselves in American life. • LTHE CITY OF D OPPORTUNITY mayw Patty lent mayw®TO 360-473-5266 ci.bremer�ton.wa.us Fax 360473-5883 345 dth SCeet,Suite 600 Bremerron,WA 98337-1873 �rOCY�II��ti01� WHEREAS, the veterans now living in this great country are being honored today with observation of Memorial Day, May 25, 2015; and WHEREAS, we gratefully acknowledge that we live in freedom today because of the many sacrifices that have been made and are being made today, by the valiant service men and women in the Armed Forces; and WHEREAS, these Memorial Day services are being conducted at the only permanent construction of the Tomb of the Unknowns to exist outside of Arlington, Virginia; and WHEREAS, the veterans of Kitsap County with their deep patriotism and love for this country are to be congratulated for this moving and thoughtful ceremony; NOW, THEREFORE, I,Patty Lent, Mayor of the City of Bremerton, do hereby urge the citizens of this community to pause for a moment to reflect upon the sacrifices of our honored dead and to the men and women of this country who have risked their lives in defense of freedom which we continue to enjoy as American citizens. Signed this 25th day of May 2015 Patty a ayor /� � - � � O ''� � v v 1�\ /, �/, ,� \. � � � . , .111 r;``i.'� .\.} ��� \ t�� ,1 �,� � _t I f' • :.r�� � �r ' I �� , � 1 • � w �`: -�'. �' �y 4,� / �'� � +` ,_: \ � � ' ��;;�. �Il Saturd&,A and Sund- - - - - - - - - - - - - - - - - - - - - - - - -a WMI 3 j & 2,-4 -A,15) 1 2 V - - - - - - - - - - - - - - - Downtown Bremerton, Port Orchard Marina & Park Pirate Ship Treehouse at the KidZone,Kitsap Car Cruz,Vendors,Seagull Splat Run;, J Seagull Calling Festival,Wings Cook-off,Historic Military Vehical Show, Fathoms O'Fun Events i Fun for the whole family! f Farmer ' Market,Entertainment,Rlusic, Vendors, 1%ooct,Beer Gardens, and much.more! a Visit Vintage Ships:Comanche,Dominion Tug,A1N Kirkland,Sandman,USS Turner Joy,El Primero,qty\orthwind&other ships. A >r1 Premier Media Sponsor �V CONNECTION SHOOSUM cam unnw C..tro,r S...ic'. r'1 Kusa 'Sun Special dm6 to City of Bmnenon FESTIVAL and City of Port Orchard FaU • • • . • 0 ' 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 coII S In�ry Aig s� REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU M r I NuVRI The Temple of HIP Ho Presents WIN 1";�V,14 H H reciation W.eek, , ,201 5 IP OP 7 gth-25th --� I Hip H pAppreci'afibn Week is a time set aside-' %cry third %yeek in Maytb. ac -e and -appreciate the'existence:o-f H,ip-Hgp itself. During this time the Flip:Flop community refocuses itself through a collective review and update of its own history as x-Vefl as a rpnrimi.,d n6r] iindntp of ioz onnn t,%'rinri*nI,3c -.an,-i-Plicwninn+c BREMERTON BECKONS AND CALLS TO ONE AND ALL HER PEOPLE JUST WAKING AT THE CLARION CALL OUR NATION'S MOST LIVABLE WAS DUBBED THIS QUIET CITY YET MANY LAUGHED AT THOSE VISIONS OF A GREAT DESTINY A TRANSIENTS' TOWN BY THE WATER FOR EACH TO COME SEE THAT BOOMED DURING WARS WITH A SHIPYARD AND THE NAVY CARRIERS, SUBMARINES, FERRIES, LEISURE BOATS, POPULACE WHOSE HOPES OF THE PAST LINGER IN ITS MENTAL RESIDENCE SNOW ON BLUE MOUNTAINS, THE SOUND, AND EVERGREEN PARKS ADD TO OLYMPIC COLLEGE, OUR AMY BURNETT AND THE 'ARTS' DOWNTOWN WELCOMES ALL WITH THE KITSAP CONFERENCE CENTER PANORAMIC VIEWS, HAMPTON INN 6 SUITES HAIL AS YOU ENTER DRIVE EVERGREEN HIGHWAYS AND BYWAYS OR THROUGH A TUNNEL THEN RELAX ON THE FERRY EN ROUTE BETWEEN NEARBY SEATTLE LIFE MERGES, AND NORM DICKS GOVERNMENT CENTER WILL MEET NEW BUSINESSES AND CONDOMINIUMS OPEN AND EAGER TO GREET FINE DINING AWAITS, AN ESPRESSO, OR NORTHWEST SPECIALTY AS YOU BROWSE MUSEUMS OR SHOPS, BRING FRIENDS OR FAMILY Z NOW LOCALS AND NEW ARRIVALS ARE CHALLENGED TO A VISION QUEST TO BUILD A BETTER COMMUNITY...WITH LEGACY OF "ONE OF THE BEST" C 96/04 sherill .d. rose (sheri) i 4 I, aU Ca U nc4 j IZ1 e D , koEe , � a6- �/a / 9317 May 20, 2015 Ideas for 20 year projection for the City of Bremerton, Washington 98337 Presented by Sherill (Sheri) D. Rose Presented (May 20, 2015), to Mayor Patty Lent and City Council Meeting at 5:30 PM. Ideas also presented, verbally (May 19, 2015) to Fred Salisbury, Director, . Airport & Real Estate at Port of Bremerton, WA 98312. 1. Poem, Bremerton Beckons, by Ms. Rose for poster on ferries, post card, banners, etc. 2. Ferris wheel possibly located in Manette above the Boatshed Restaurant in place of current older apartment building. 3. Stuffed animal/stuffed animal toy "zoo" with seasonal donations for low income and hospitalized children in our community. 4. Bubble wrap/bench cushion manufacturing and distribution center to be potentially located by the Bremerton airport. 5. John Hoffman (Historical?) home at 827 th ST, Bremerton, WA (Highlighted in "Breakfast at Sally's" by Richard Le Mieux). Received by Printed SPECIAL EVENT FF MILLER-WOODLAWN MEMORIAL DAY 2015 SPIRIT OF '45 HONORING OUR WWII VETERANS Featuring: Live music, presentations, drill team, honor guards and fireworks 8 P.M., Sunday, May 24 Miller-Woodlawn Funeral Home and Memorial Park IL 5505 tsap Way, Bremerton 1 -T BREN/lEr E31 E- - - ... . 4,4 ®y 1 t,.-P , .< < Questions? • Visit the City of Bremerton's Website for more information http://www.bremertonwa.gov/950/Lodging-Tax-Advisory_- Committee • Applications are being accepted by the Lodging Tax Advisory Committee (LTAC) until 5:00 PM on Monday, June 1 r r LIONS PARK - ADOPT A ISEACH PROGRAM Lions Park was given on environmentally friendly makover in 2010&2011. The 1/3 mile long park beach was planted with 50+trees, 250 grasses and approximately 1,200 shrubs. With limited funding for maintenance and weed killers being banned along the waterfront,the beach became overgrown with noxious weeds.Occasional summer weedings helped but did.not prevent the weeds from multiplying.Thus Adopt A$each was born. If many volunteers could each maintain a small beach lot throughout the year,the weed war could be won. Many hands make light workf 0 ions Par 2015 2nd Saturday Schedule ,June 13 Sept 12 July 11 Oct 10 Aug 8 It's a 1 Oam to Noon friendly weed party!! Bags and weeds are supplied. Look for Lion/2 Flag and enjoy! - - r-- f 1 when: 4th Saturday �1 r of every month 9- 1 lam ' - Rain or Shine f. ,. • where: Kiwanis Park 1701 5th St. Bremerton • • - • • • - • - • • • Upcoming Event Dates: Jan. 24th - • - � - • - Feb. 28th • • • - - • • • • • • • March 28th • • • • - • - • • • - • April 25th • 0 • • May 23rd June 27th July 25th ^.r August 22nd Sept. 26th Oct. 24th ' '� J L t � f� • �t�`�� �( � For more Information please call 473-5305. AGENDA BILL CITY OF BREMERTON 6A CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: N/A COUNCIL MEETING Date: May 20, 2015 Department: Financial Services Presenter: Shannon Corin Phone: (360) 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 363495 through 363672 and EFT's 14898 through 14948 in the amount of $2,393,736.37; and 2) Regular Payroll for the pay period ending May 15, 2015 in the amount of$761,403.77 ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): 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 01/07/15 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Meeting - Study Session Date: N/A May 6, 2015 COUNCIL MEETING Date: May 20, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on May 6, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x 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 01/07/15 DIGITAL RECORDING , CITY COUNCIL MEETING MINUTES Wednesday, May 6, 2015 The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday, May 6, 2015, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Council Member Eric Younger was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the.meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Mike Sullivan followed by the invocation provided by Pastor Denis Huelle of Peace Lutheran Church. MAYOR'S REPORT—Mayor Patty Lent... • Was proud to report that $1,017,252 was raised yesterday during the Kitsap Great Give; • Announced the Bremerton Farmers Market will be open on Thursdays from 4:00 to 7:00 PM at Evergreen Rotary Park; and that the Sunday Farmers Market will start later this month; • Encouraged students ages 8 to 18 to sign-up for West Sound Coder Dojo, a free computer class on May 9 at Poulsbo City Hall or May 16 at the Bainbridge Library starting at 10:30 AM; • Looked forward to the many events that are part of the Armed Forced Festival running from May 6 through 17 which includes a Golf Tournament on May 8, Culinary Arts Competition on May 9, Armed Forces Parade on May 16, and Motorcycle Ride & Show on May 17; • Proclaimed May 17, 2015 as the "7th Annual Armed Forces Festival& Washington Youth Academy Motorcycle Ride and Bike Show Day"which was accepted by David Raymond, Ariel Solie, and Larry Pierce, Washington Youth Academy Director; • Announced that the Summer Fun Playground Program will be held from July 6 to August 7 from 11:00 AM to 2:00 PM at several City park locations; • Proclaimed May 6, 2015 as "Kids to Parks Day"which was accepted by Cynthia Engelgau, Parks & Recreation Department; • Added that the USS Comanche will be providing free sailings during Kitsap Harbor Festival at the Bremerton Marina; and • Announced that Goodwill is accepting applications for a 6-week Job Training Program. KEDA BRIEFING John Powers, Kitsap Economic Development Alliance (KEDA) Director, provided an update on 1St quarter operations; and announced that results of a business survey are available for viewing at www.kitsar)eda.org. Questions were asked by Runyon; with responses provided by Mr. Powers. PUBLIC RECOGNITION Vern LaPrath expressed concerns about speeding motorists in the Hanford neighborhood; and asked the City to consider the installation of speed humps by a contractor for$3,200 plus sales tax to address this problem. President Wheeler offered to meet together with Mr. LaPrath, Mayor Lent, and Public Works Director Chal Martin to discuss this issue. Mike Walton, Bremerton Family YMCA Marketing Director, reported on spring programs now in progress; announced that the next Fun Run will be on July 12 and sign-ups are being accepted for Camp Seymour this summer. He also announced that the U.S. Open Golf Tournament will be held on June 1 at Chambers Bay which will benefit local tourism; and that the Grand Opening and Ribbon Cutting Ceremony for the Kitsap Water Trail will be on June 27. City Council Reg. Mtg. Minutes Wednesday, May 6, 2015 Page 2 of 4 Clyde Gillespie thanked the Council for the completion of the Lower Wheaton Way Project; and hoped the community would support a fundraiser for homeless Veterans and Lou Gehrig's Disease hosted by the Fraternal Order of the Eagles Aerie 192 and American Legion Post 268 on Saturday, May 16 at 11:00 AM at 205 6'h Street. Jerry McGuinness, Family Policy Institute of Washington, invited the community to attend "Citizen Stewardship Training" on June 19 at Crossroads Church. CONSENT AGENDA 6A— Claims & Check Register: Check Numbers 363235 through 363494, and EFT-14841 through EFT-14897 in the amount of $2,428,668.74; Regular Payroll for the pay period ending April 15, 2015 in the amount of $737,697.28; Regular Payroll ending April 30, 2015 in the amount of $751,027.75; and Retiree Payroll for the pay period ending April 30, 2015 in the amount of $54,533.77 6B— Minutes of Meeting —April 15, 2015 6C— Minutes of Study Session —April 22, 2015 6D— Confirm Appointment of Angela Perryman to the Arts Commission 6E— Confirm Appointment of Jacquelyn Speare to the Arts Commission 6F— Reclassification of "Lead Evidence/Property Control Specialist" to "Crime Scene/Lead Evidence Technician" with Wage Grade Adjustment from Grade 8 to Grade 12; and Budget Adjustment Comments from the public were provided by Ms. Speare... 06:08:42 Motion was made by Runyon and seconded by Daugs...Comments and questions were provided by Daugs and Runyon (Item 6F); with responses provided by Lei_ghann Denton of Human Resources... 06:11:46 M/S/C/U (Runyon/Daugs) Move to approve the CONSENT AGENDA as presented. GENERAL BUSINESS 7A—CONSTRUCTION WITH MICHELS CORPORATION FOR 2015 SEWER REHABILITATION: Tom Knuckey, City Engineer, explained that the work to be completed includes rehabilitating approximately 6,400 lineal feet of sanitary sewer and 450 lineal feet of storm sewer using the cure-in- place-pipe (CIPP) rehabilitation method and reinstating approximately 66 side sewers. There were three bids. Michels Corporation of Salem, Oregon was the lowest responsible, responsive bidder in the amount of $479,353.43 (which includes sales tax). Comments from the public were provided by Mr.Gillespie; 06:24:55 Motion was made by Runyon and seconded by Davis; Questions and comments were provided by Runyon; with responses provided by Mr. Knuckey. 06:26:49 M/S/C/U (Runyon/Davis) Move to award the construction bid for 2015 Sewer Rehabilitation to Michels Corporation of Salem, Oregon in the amount of $479,353.43 (which includes sales tax) and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 7B—ORDINANCE NO. 5275 AMENDING BREMERTON MUNICIPAL CODE (BMC) SECTION 15.02.130 ENTITLED "BACKFLOW/CROSS-CONNECTION CONTROL AND INSPECTION": City Council Reg. Mtg. Minutes Wednesday, May 6, 2015 Page 3of4 Wayne Hamilton, Utility Operations Manager, stated that the Public Works & Utilities Department is recommending minor changes to property owners' testing procedures. The changes require a change to BMC 15.02.130. There were no questions or comments from the public... 06:29:38 Motion was made by Davis and seconded by Runyon; Questions and comments were provided by Davis, Daugs, and Runyon; with responses provided by Mr. Hamilton... 06:36:01 M/S/C/U (Davis/Runyon) Move to pass Ordinance No. 5275 amending Section 15.02.130 of the Bremerton Municipal Code entitled "Backflow/Cross-Connection Control and Inspection." 7C—SCHEDULE 74 CONVERSION AND DEVELOPMENT AGREEMENT WITH PUGET SOUND ENERGY (PSE) FOR WASHINGTON AVENUE: Chal Martin, Public Works & Utilities Director explained that on February 4, 2015 the Bremerton City Council approved the Design Agreement with Puget Sound Energy (PSE) for Schedule 74 Underground Conversion on segments of Washington Avenue. In the intervening period, PSE has completed its design, and the undergrounding work is now ready to begin. The work will be performed by the Washington Avenue Community Boulevard construction contractor, RV Associates. The requested action before Council is approval of the Schedule 74 Construction Agreement with PSE. There were no questions or comments from the public... 06:37:30 Motion was made by Sullivan and seconded by Daugs; Questions and comments were provided by Sullivan and Runyon; with responses provided by Mr. Martin... 06:40:32 M/S/C/U (Sullivan/Daugs) Move to approve the Schedule 74 Construction Agreement with Puget Sound Energy; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL MEMBER REPORTS Mike Sullivan encouraged the community to participate in the next Lions Park Clean-Up and Weed Pulling Party on Saturday, May 9 from 10:00 AM to Noon. Leslie Daugs announced that the Filipino-American Community Hall located behind Alberston's on Wheaton Way will be opening soon and will be available for rental; participated in Habitat for Humanity's Annual "Women Build" Program; provided a reminder about the Farmers Market; and encouraged people to drive safe since children will be out of school for summer soon. Jerry McDonald announced that there is a road closure at 6'h Street and Highland Avenue until May 19 ; will be hosting a Hotel Concierge Tour also on May 19th; shared photos of work being done on an arcade to be opened on or before May 16; added that Rock the Dock Concerts will be held on Saturday nights this summer (starting July 4) and sponsors are needed. Dino Davis invited volunteers to be a part of the next Forest Ridge Park Stewardship Day on May 16; thanked everyone who participated in the Cinco de Mayo festivities held on Sunday in Charleston on Callow Avenue; and encouraged people to visit Callow Avenue businesses. Roy Runyon announced that individuals interested in representing the City of Bremerton in Council Districts 2, 4 or 6 may file during the week of May 11 to 15; and welcomed the community to attend his next District 6 Neighborhood Meeting on Thursday, May 14 at 6:30 PM at the Westgate Community Center located at 1550 Rocky Point Road. Featured guest speaker will be Public Works & Utilities Director Chal Martin who will discuss "Public Works Projects". City Council Reg. Mtg. Minutes Wednesday, May 6, 2015 Page 4of4 Greg Wheeler provided an update on the Kitsap Regional Coordinating Council (KRCC) Executive Board Meeting held yesterday regarding a proposed change in voting structure that was rejected. This issue will be discussed at the next Council Study Session. President Wheeler announced that after a brief recess, there would be a Transportation Benefit District Board Meeting. With no further business, President Wheeler adjourned the Council Meeting at 6:51 PM. Prepared and Submitted by: CIA:Z- 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 SUBJECT: Minutes of Study Session - Study Session Date: N/A May 13, 2015 COUNCIL MEETING Date: May 20, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on May 13, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: © 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 01/07/15 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, May 13, 2015 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, May 13, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, Leslie Daugs, and Mike Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the May 20, 2015 Council Meeting Agenda; or as indicated. A. INFORMATION BRIEFING 1. Lillian A. & James Walker Park Development Update — Colette Berna, Park Preservation and Development Manager, Parks & Recreation Department Information Only B. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 2. Purchase of two 2 Toro ProCore 648 Aerators from Western Equipment Distributors, Inc. for the Gold Mountain Golf Complex Consent Agenda 3. Professional Services Agreement with Templeton Horton Weibel PLLC for Litigation Services Consent Agenda 4. Resolution adopting the updated Financial Goals & Policies for the City of Bremerton Postponed until June 10 Study Session 5. Resolution amending Resolution No. 3159 relating to an Interfund Loan to the Gold Mountain Golf Complex Fund from the Equipment Rental Reserve (ERR) Fund Postponed until June 10 Study Session 6. Professional Service Agreement with Lusignan Forestry, Inc. for Timber Harvest Management & Marketing Services Consent Agenda C. BRIEFINGS AND FULL PRESENTATIONS 7. Real Estate Purchase & Sale Agreement for property located at 646 Washington Avenue Consent Agenda 8. Ordinance to repeal Chapters 11.08 and 11.10 of the Bremerton Municipal Code (BMC); and adopt a new Chapter 11.08 entitled: "Sidewalk and Street Frontage" General Business 9. Proposed Speed Hump Policy, Index No. 2-30-08 General Business D. GENERAL COUNCIL BUSINESS o Public Works & Utilities Committee Briefing (5/05/15 Meeting) —Chair Mike Sullivan o Finance & Investment Committee Briefing (4/28/15 Meeting) —Chair Eric Younger o Public Safety and Parks Committee Briefing (5/13/15 Meeting) —Chair Leslie Daugs President Wheeler called a 10-minute break from 7.,10 to 720 PM... City Council Study Session Minutes Wednesday, May 13, 2015 Page 2 of 2 o Discussion on Kitsap Regional Coordinating Council (KRCC) General Business o Other General Council Business was briefly discussed. E. EXECUTIVE SESSION o 15-Minute discussion was held on Pending Litigation under RCW 42.30.110(1)(i) There were no questions or comments from the public... 08:45:00 M/S/C/U (Runyon/Sullivan) Move to authorize the City Attorney's Office to initiate legal action related to the condition of the property located at 1223 11th Street, Bremerton, WA. With no further business, President Wheeler adjourned the Council Study Session at 8:47 PM. Prepared and Submitted by: LORI SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of two (2) Toro Study Session Date: May 13, 2015 ProCore 648 Aerators for Gold Mountain COUNCIL MEETING Date: May 20, 2015 Golf Course Department: Parks & Recreation Presenter: Jeff Elevado Phone: (360) 473-5428 SUMMARY: The two aerators in the Gold Mountain Golf Course equipment fleet have reached the end of their useful life and are currently inoperative. Replacement parts for the 25 year old aerators are difficult to find with some parts not available. Pricing for the Toro ProCore 648 aerators was compared using the following three government procurement programs: Avendra Contract, Washington State Contract and the National IPA Contract. The National IPA Contract pricing of $46,160.62 plus WSST from Western Equipment Distributors, Inc. of Kent, WA was the lowest quote received. ATTACHMENTS: 1) Western Equipment Distributors, Inc. Quote, 2) Gold Mountain Golf Capital Expenditure Budget, 3) Golf Capital Improvement Plan FISCAL IMPACTS (Include Budgeted Amount): Funds are identified in the approved Capital Improvement Plan for 2015 and are budgeted in the 2015 Golf Capital Expense Budget. STUDY SESSION AGENDA: Z No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve purchase of two (2) Toro ProCore 648 Aerators from Western Equipment Distributors, Inc. for$46,160.62 plus Washington State Sales Tax; 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 1T i GOLD MOUNTAIN GOLF COURSE AERATOR QUOTE COMPARISON National IPA Contract WA State Contract Avendra Contract Qty Model No. Description Unit Price Ext Price Unit Price Ext Price Unit Price Ext Price 2 09200 ProCore 648 Aerator $21,261.08 $42,522.16 $21,750.60 $43,501.20 $23,901.92 $47,803.84 6 09796 4 Tine 3/4" Head Set 2 120-1046 Guard-Turf, 4-Tine, Long 4 120-1045 Guard-Turf, 4-Tine, Short 48 108-9133 Tine-Hollow 6 09736 Mini-Tine Head Set $1,795.46 $1,795.46 $1,795.46 2 120-1052 Guard-Turf, 5 Tine, Long 4 120-1047 Guard-Turf, 5 Tine, Short 2 09220 Windrower Kit 2 C439 Toro Protection Plus Comprehensive $1,638.00 $1,638.00 $1,638.00 48/2400 1 Freight /Shipping $205.00 $205.00 $205.00 TOTAL $46,160.62 $47,139.66 $51,442.30 Quote , Western Equipment Distributors, Inc. Prepared for: Proposal Date: 05/06/2015 20224 - 80th Avenue South Gold Mountain Golf Course Expiration Date: 04/22/2015 Kent WA 98032-1288 Ed Faulk Quote ID: 1874114 Prepared by: Shawn Frisbee shawn.frisbee@western-equip.com Qt Niidel•-Number•.: ' oescri tion ''` - Unit.Price '_' Eiifension 2 09200 ProCore 648 NIPA $21,261.08 $42,522.16 6 09796 4 Tine 3/4" Head Set 2 120-1046 GUARD-TURF, 4-TINE, LONG 4 120-1045 GUARD-TURF, 4-TINE (SHORT) 48 108-9133 TINE-HOLLOW (AH6-575-4) 6 09736 Mini-tine Head Set (2 rows of 5) $1,795.46 2 120-1052 GUARD-TURF, 5 TINE, LONG 4 120-1047 GUARD-TURFF, 5 TINE, SHORT 2 09220 windrower Kit Toro Protection Plus Comrehensive - 2 C439 48/2400 Equipment Total $44,317.62 Toro Protection Plus $1,638.00 Freight/Shipping $205.00 Total $46,160.62 All prices quoted FOB Turf Care Distributors unless otherwise indicated. The preceding pricing is valid for 30 days. Prices include assembly where applicable and accessibility to parts and service manuals. Timing of delivery may vary and is subject to manufacturer's availability. Purchaser is responsible for applicable taxes and duties. Note: The above pricing does not include sales tax. Q Quote western Equipment Distributors, Inc. Prepared for: Proposal Date: 05/11/2015 20224 - 80th Avenue South Gold Mountain Golf Course Expiration Date: 06/10/2015 Kent WA 98032-1288 Ed Faulk Quote ID: 1895729 Prepared by: Shawn Frisbee shawn.frisbee@western-equip.com QL . Imodel:Number '.]Description: Unit Price '_' _ Extension 2 09200- ProCore 648 WA State Contract $21,750.60 $43,501.20 6 09796 4 Tine 3/4" Head Set 2 120-1046 GUARD-TURF, 4-TINE, LONG 4 120-1045 GUARD-TURF, 4-TINE (SHORT) 48 108-9133 TINE-HOLLOW (AH6-575-4) 6 09736 Mini-tine Head set (2 rows of 5) $1,795.46 2 120-1052 GUARD-TURF, 5 TINE, LONG 4 120-1047 GUARD-TURFF, 5 TINE, SHORT 2 09220 windrower Kit Toro Protection Plus Comprehensive 2 039 48/2400 TOTALS. r;. Equipment Total $45,296.66 Toro Protection Plus $1,638.00 Freight/shipping $205.00 Total $47,139.66 All prices quoted FOS Turf Care Distributors unless otherwise indicated. The preceding pricing is valid for 30 days. Prices include assembly where applicable and accessibility to parts and service manuals. Timing of delivery may vary and is subject to manufacturer's availability. Purchaser is responsible for applicable taxes and duties. Note: The above pricing does not include sales tax. Toro Protection Plus is optional equipment protection. Quote Western Equipment Distributors, Inc. Prepared for: Proposal Date: 05/11/2015 20224 - 80th Avenue South Gold Mountain Golf Course Expiration Date: 06/10/2015 Kent WA 98032-1288 P.O. Box 4130 Quote ID: 1895723 Bremerton WA 98312 Prepared by: Shawn Frisbee shawn.frisbee@western-equip.com 1QtY Imodel Number IDescription Unit Price Extension 2 09200 ProCore 648 Avendra $23,901.92 $47,803.84 6 09796 4 Tine 3/4" Head Set 2 120-1046 GUARD-TURF, 4-TINE, LONG 4 120-1045 GUARD-TURF, 4-TINE (SHORT) 48 108-9133 TINE-HOLLOW (AH6-575-4) 6 09736 Mini-tine Head Set (2 rows of 5) $1,795.46 2 120-1052 GUARD-TURF, 5 TINE, LONG 4 120-1047 GUARD-TURFF, 5 TINE, SHORT 2 09220 windrower Kit 48/2400 2 C439 48/2400 Equipment Total $49,599.30 Toro Protection Plus $1,638.00 Freight/Shipping 5205.00 Total $51,442.30 All prices quoted FOB Turf Care Distributors unless otherwise indicated. The preceding pricing is valid for 30 days. Prices include assembly where applicable and accessibility to parts and service manuals. Timing of delivery may vary and is subject to manufacturer's availability. Purchaser is responsible for applicable taxes and duties. Note: The above pricing does not include sales tax. Toro Protection Plus is optional equipment protection. ATTACHMENT 2 Gold Mountain Golf Enterprise Fund Summary: The Gold Mountain Golf Complex is a full wide natural grass practice tee/driving range, service facility with two 18 hole champion- a private covered teaching studio, pro-shop, ship courses (the Cascade Course and the and restaurant and banquet facilities to ac- Olympic Course), four practice putting commodate nearly 400 people. greens, two bunker practice areas, a 100 yard Gold Mountain Golf Course Actual Actual Budget Budget 2012 2013 2014 2015 Revenue Taxes $0 $0 $0 $0 Licenses & permits 0 0 0 0 Intergovernmental 0 0 0 0 Charges for services 1,944,690 3,846,550 3,997,074 4,313,149 Fines & forfeits 0 0 0 0 Other revenue 88,930 4,165 200 1,500 Debt proceeds 261,000 5,176,500 .0 0 Total revenue 2,294,620 9,027,215 3,997,274 4,314,649 Expenditures Personnel 0 0 0 0 Supplies,services & taxes 1,825,930 3,611,893 3,556,430 3,776,653 Capital expenditures 295,459 0 105,000 75,000 Debt service 285,705 5,447,938 415,294 429,152 Transfers 0 0 0 0 Total expenditures 2,407,094 9,059,831 4,076,724 4,280,805 Revenue over(under) expenditures -112,474 -32,616 -79,450 33,844 Beginning fund balance 374,539 262,065 158,128 146,469 Ending fund balance $262,065 $229,449 $78,678 $180,313 134 Gold Mountain Golf Complex 2015 Budget Highlights: 2015 Capital Considerations: • Increase total revenue in F&B with the help of • Course enhancements—$20,000 our new Sales and Event Coordinator. • Greens Maintenance Equipment—$45,000 • Continue to drive down labor over prior year while increasing revenue. • Improve NOI by$123,000. 2014 Accomplishments: 2015 Goals: • Launched new mobile website and mobile • Identify new outlets for wedding and social booking engine through GolfNow(Q4-2014). business development and participate in three • Joined the American FootGolf League and wedding shows. successfully launched our FootGolf program, • Promote FootGolf year-round in local outlets generating over$3;000 in revenue YTD. to continue to raise awareness and recognition • Increased on-property event and promo sign- as the#I FootGolf property,among the new age with professional design work courses that are starting to emerge in the PNW. • Re-paved the entry road to the golf course. • Earn 96%or above on our guest experience • Created a blog for our superintendent along score. with a Facebook account for the facility,a Pin- • Produce$4.3 million in total revenue terest account,and a Twitter account • Capitalize on outside traveling groups coming • Launched a new bag drop area at the front of in for the US Open at Chambers Bay in June. the facility. • Gross revenue of merchandise sales is 10% over 2013 • Booked weddings pace increased–same time last year(Aug 2013)only 2 weddings on the books for 2014 This year(Aug 2014)there are 6 weddings scheduled for 2015. 135 GOLD MOUNTAIN GOLF COURSE CAPITAL IMPROVEMENT PLAN 2014 2015 2016 2017 2018 2019 2020 Project Title Priority Budget Priority Budget Priority Budget Priority Budget Priority Budget Priority Budget Priority Budget Cart Path Replacement 3 20,000 3 30,000 4 20,000 4 20,000 3 35,000 3 40,000 Carpet(Clubhouse) 1 48,000 Greens Maintenance Equipment 2 37,600 1 45,000 1 50,000 2 25,000 2 35,000 1 50,000 2 55,000 Clubhouse Enhancements 2 20,000 2 30,000 2 ! 35,000 3 15,000 3 25,000 2 30,000 1 35,000 Restroom (Cascade Course) 1 ! 38,500 1A 36,000 Entry Road Paving 1 66,500 Point of Sale System Upgrade 1 40,000 Irriagation System (Cascade Course) I ! 5 1,000,000 Cart Storage/Event Building 6 750,000 Total 105,000 75,000 115,000 108,000 120,000 115,000 1,880,000 Estimated Reserve 119,147 122,721 126,403 130,195 134,101 135,000 140,000 Project Details 2015 Green's Maintenance Equipment "Note: Cascade Course Restroom project budgeted for 2014 carried over to 2015. 2-Procore 648 Greens Aeraters ($22,500 ea.) F 1 45,000 Clubhouse Enhancements Deck Roof Replacement 2 10,000 `Funds moved from Capital to Golf O&M Budget Clubhouse Fireplace Removal 20,000 *Funds moved from Capital to Golf O&M Budget D Cart Path Replacement 3 D Paving of Cart Paths, Olympic&Cascade 3080 n 2 K Total Capital Request: 75,000 Z w AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: May 13, 2015 Agreement with Templeton Horton Weibel COUNCIL MEETING Date: May 20, 2015 PLLC for Litigation Services Department: City Attorney's Office Presenter: Roger Lubovich Phone: (360) 473-2335 SUMMARY: Professional Services Agreement retaining Mr. David Horton through Templeton Horton Weibel PLLC for litigation services. ATTACHMENTS: Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Funds are currently budgeted for 2015 for the City Attorney's Office to fulfill the terms of the contract. STUDY SESSION AGENDA: 9 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Templeton Horton Weibel PLLC and authorize the City Attorney 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 01/07/15 PROFESSIONAL SERVICES AGREEMENT The City of Bremerton ("City") and Templeton Horton Weibel PLLC ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: Retained Counsel will represent the City of Bremerton on an as needed basis in litigation matters and other legal issues as directed by the City Attorney. 11. Term: This Agreement commences upon execution by the Parties and shall continue in full force and effect until terminated pursuant to Section V of this Agreement. III. Compensation: The City shall pay Retained Counsel $225.00 per hour for services as described in Section I. Out of pocket expenses will be reimbursed in accordance with Retained Counsel's standard billing practices. The Parties agree that the hourly rates for services stated herein may, from time to time, and upon approval by the City Attorney, be adjusted to reflect current market rates and conditions. IV. Insurance: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while performing its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written notice of any cancellation or change of coverage of the policy. V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated Either party may terminate this agreement at any time, with or without cause, upon written notice to the other party as allowed by court rules. V1. General Conditions: A. Reports and Information: When requested by the City, Retained Counsel 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 B. Entire Agreement: This Agreement 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. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RETAINED COUNSEL: Roger Lubovich David Horton City Attorney Templeton Horton Weibel PLLC City of Bremerton 3212 NW Byron Street, Suite 104 345 Sixth Street, Suite 600 Silverdale, WA 98383 Bremerton, WA 98337 1 F. 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 a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in performing its obligations under this Agreement. H. 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. I. 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 attorneys' fees. CITY OF BREMERTON TEMPLETON HORTON WEIBEL PLLC By. Roger Lubovich By. David Horton Its: City Attorney Its. Date: Date. 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Service Agreement Study Session Date: 5/13/15 with Lusignan Forestry, Inc. for Timber COUNCIL MEETING Date: 5/20/15 Harvest Management & Marketing Services Department: PW&U Presenter: Milenka Hawkins-Bates- Phone: (360) 473-5333 SUMMARY: A Professional Services Agreement was executed between the City and Lusignan Forestry Inc. of Elma, WA on April 27, 2010 for timber harvest management and marketing services. During this period the Contractor has delivered a high level of service with increased net values to the City for harvested timber. City staff recommends renewing the Agreement through December 31, 2018. All conditions of the agreement have remained unchanged. ATTACHMENTS: . 1) Agreement; 2) Exhibit A 3) Exhibit B FISCAL IMPACTS (Include Budgeted Amount): Contractor compensation will be paid from future timber proceeds at the rate contained in Exhibit B Fee Schedule. Based on average of$500,000 annual timber revenue, contractor fees will be approximately $41,000/year STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Professional Services Agreement between the City of Bremerton and Lusignan Forestry, Inc. of Elma, WA 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 01/07/15 PROFESSIONAL SERVICES AGREEMENT Timber Harvest Management and Marketing Services The City of Bremerton ("City") and Lusignan Forestry, Inc., ("Consultant"), referred to collectively as the "Parties,"enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated April 30, 2015, 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.H 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 parties agree that work described in Exhibit A upon execution and completed on a mutually agreeable schedule and terminates on December 31, 2018, unless terminated earlier per Section IX. The parties agree that the work described in Exhibit A upon execution of this agreement and completed on a mutually agreeable schedule. Extensions may be negotiated, per the terms and condition of this agreement upon mutual agreement up to two three year terms. III. Compensation: In consideration of the services provided pursuant to this Agreement,the Consultant shall be compensated according to the terms and conditions provided for in the fee schedule attached as Exhibit B and incorporated herein by reference 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 B. 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. 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 Bremerton/Lusignan Forestry Inc Rev. 4/15 Timber Harvest Management and Marketing Services Page 1 of 7 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 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-contractors. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 2 of 7 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: Logger's broad form; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable, and employer's liability; and 3. Workers Compensation insurance as required by state statute. 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 and Automobile 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, 345 Oh 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: Bremerton/Lusignan Forestry Inc Rev. 4/15 Timber Harvest Management and Marketing Services Page 3 of 7 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 Elma, 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 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 Elma, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 4 of 7 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 Ist 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 Administrative Manager Jim Frost Bremerton Public Works&Utilities Lusignan Forestry, Inc 100 Oyster Bay Ave N 1530 Boundary Road/PO Box 1007 Bremerton, WA 98312 Elma, WA 98541 J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. K Non-Waiver of Breach- The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. Choice of Law and Venue- This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. N Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or sexual orientation except for employment actions based on bona fide occupational qualification. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 5 of 7 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, 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. Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 6 of 7 CITY OF BREMERTON CONSULTANT By: By- its: Mayor its, President Date: Date: Approved as to form: Attest: Bremerton City Attorney City Clerk R\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form(2014)doc Bremerton/Lusignan Forestry Inc. Rev. 4/15 Timber Harvest Management and Marketing Services Page 7 of 7 EXHIBIT A Scope of Services Timber Harvest Management and Marketing Services Deliverables: For harvest units within Water Utility forest lands selected by the Administrative Manager, Forestry Supervisor and Consultant shall provide the following: 1. In consultation with the Administrative Manager and Forestry Supervisor, determine appropriate logging system to economically harvest timber on selected units Said method shall take into account water quality as well as other environmental concerns. Harvest type (even-age, uneven-age, and/or combination) shall be determined by the Forestry Supervisor. Residual spacing, leave tree, and harvest tree selection to be prescribed by the Forestry Supervisor in consultation with the Consultant. 2 Assist in completing Forest Practices Applications(FPAs) in a form acceptable to the Washington Department of Natural Resources, by a date mutually agreeable to the City and Consultant 3. Consultant shall obtain competitive, fair market prices on all subcontracts. 4 Assist in completing any other requirement for harvest required by a regulatory agency having jurisdiction 5 Obtain the highest practical log prices from the best possible domestic log markets (all City timber is export restricted under WAC 240-15; all pertinent State and Federal regulations apply). 6 Hire, coordinate, supervise and pay subcontractors in road construction and betterment, harvesting, and hauling operations on specified road segments and harvest units, per above items and in conformance with current or revised forest practice regulations. The following are required regarding timber harvesting operations: • Ensure all subcontractors have Loggers Broad Form insurance coverage which names the City as an additional insured and provide a certificate of insurance to the City. • Comply with all FPA and other regulatory requirements. • Achieve spacing requirements and leave tree selection as directed by the Forestry Supervisor. • Avoid damage to water bodies and soils; minimize damage to all leave trees. • Harvest areas requiring reforestation shall be left in a condition conducive to reforestation. • Slash shall either be machine piled and fire breaks constructed and/or evenly scattered throughout the harvest unit, as directed by the Forestry Supervisor. Bremerton/L.usignan Forestry, Inc. April 30, 2015 Timber Harvest Management& Marketing Services g g Page 1 of 3 • Required access roads shall be constructed to the standard prescribed by forest practice rules and approved by the Forestry Supervisor. • Roads, yarding corridors and skid trails shall be left in a condition to prevent erosion as prescribed by the Forestry Supervisor. 6. Provide log accountability records and timber payment disbursements including periodic and final accounting statements(more fully specified in Schedule B). 7. In addition, if requested by the Administrative Manager or Forestry Supervisor, Consultant shall provide a summary of previous year's harvest in a format acceptable to complete annual Harvest Report required by the Dept. of Natural Resources. Summary, if required shall be available on, or about February 1St of the proceeding year following harvest. Bremerton/Lusignan Forestry, Inc. April 30, 2015 Timber Harvest Management& Marketing Services Page 2 of 3 EXHIBIT B Fee Schedule for Timber Harvest Management and Marketing Services NOTE: The City of Bremerton does not warrant or guarantee any specific level of harvest or income with this agreement. Harvest levels, if any are entirely the decision of the City of Bremerton. The City of Bremerton also reserves the right to use alternate means of marketing timber, independent of this agreement. Timber Harvesting and Marketing: 1. Consultant shall receive five percent(5%)of the delivered log price for timber harvested as part of this Agreement. No compensation will be paid to Consultant for pulp sort prices under$26.00/ton delivered price. It is understood that the Consultant shall obtain the highest practical log prices from the best possible domestic log markets (all City timber is export restricted under WAC 240-15, all pertinent State and Federal regulations apply). 2. Net proceeds from timber harvested shall be paid promptly to the City The following shall be allowable deductions from log proceeds: • Consultant fee described in 1)above • Authorized logging and haul costs • Authorized road building and betterment expenses • Authorized reforestation expenses • Forest Excise taxes • Other authorized harvest operation costs 3. Consultant shall provide the City with periodic summaries in a format approved by the Administrative Manager and/or Forestry Supervisor, showing market, species, grade, volume delivered, price/unit,total mill payments, disbursements to City, consultant, subcontractors, as well as other expenses described above or required by the Forestry Manager Out of Scope Services: Any out-of-scope services approved by the Administrative Manager and/or Forestry Supervisor shall be paid for on a time and materials basis according to the following schedule- Miscellaneous Forestry Services(Principle) $85.00/hour " 11 11 (Technician) $70.00/hour Mileage Standard Rate/mile Consultant shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process claim for payment. Bremerton/Lusignan Forestry, Inc April 30, 2015 Timber Harvest Management& Marketing Services Page 3 of 3 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Property Purchase at 646 Study Session Date: 5/13/15 Washington Avenue COUNCIL MEETING Date: 5/20/15 Department: PW&U Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: In conjunction with the Washington Avenue Community Boulevard reconstruction project, the City has an opportunity, through its Sewer utility, to purchase and demolish the beach house at 646 Washington Avenue. This action will be credited as environmental mitigation for future projects involving beach main abandonment. This purchase will enable the beach in this location to be partially restored by removing the over-water beach house and pilings. ATTACHMENTS: 1) Real Estate Purchase and Sale Agreement 2) Exhibit A 3) Exhibit B 4) Exhibit C FISCAL IMPACTS (Include Budgeted Amount): The purchase price is $132,000, plus escrow and closing costs as indicated in the agreement. The purchase price is supported by a City-initiated appraisal. Funds to cover this expense are included in the 2015 Washington Avenue Connector budget. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to purchase the property at 646 Washington Avenue, 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 01/07/15 REAL ESTATE PURCHASE AND SALE AGREEMENT WITH EARNEST MONEY PROVISION This agreement controls the terms of the sale of real property. (Please read carefully before signing.) This Agreement is entered between the CITY OF BREMERTON, a Washington municipal corporation("Buyer"), and FAMILY TREE INVESTMENT, LLC, a Washington Limited Liability Corporation ("Seller"), for the sale and purchase of real property as follows. 1. PROPERTY. The property, including all improvements and appurtenances situated thereon, which Buyer agrees to buy and Seller agrees to sell pursuant to a boundary line adjustment, is commonly known to be located at 646 Washington Avenue, Bremerton, Washington(the "Property"), and which Property is legally described in the Declaration of Boundary Line Adjustment set forth in Exhibit A, attached hereto and incorporated herein by this reference. A map indicating the location of the Property is also attached as Exhibit B, incorporated herein by this reference Buyer acknowledges that the primary purpose of this purchase is to demolish the existing structures for environmental restoration. Following closing of this sale, it is the Buyer's intent to demolish and remove the waterfront cabin and contents; demolish and remove the adjacent boat shed and contents; properly remove or abandon utility connections and service lines to the property; and remove pilings and ancillary beach structures in accordance with permit requirements Some or all of the foundation and retaining wall structures may remain. Demolition work will be subject to a City permit, and all demolition work will comply with environmental regulations. Failure to complete any or all of these intended items noted above shall not invalidate this agreement or constitute non-compliance with its terms and conditions. 2. EARNEST MONEY. Received from Buyer, FIVE THOUSAND AND NO/100 DOLLARS ($5,000.00) as earnest money and part payment on the purchase price for the Property. 3. PURCHASE PRICE. The total purchase price for the Property is ONE HUNDRED THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($132,000), including earnest money, payable on closing 4. CONTINGENCIES. This agreement is contingent upon: (a) Acceptance of its terms by the Bremerton City Council. (b) Buyers review and approval of the title report on the property prior to Closing. (c) Buyer's review and approval of Seller's information contained in the Real Property Transfer Disclosure Statement as set forth in Exhibit C, attached hereto and incorporated herein b_y this reference. (d) A Feasibility Study as follows: (1) Buyer shall have the opportunity to conduct a feasibility study to determine if, in Buyer's sole and absolute discretion,the Property is feasible for investment and/or development by Buyer. 1 646 Washington Avenue (2) Buyer's feasibility study may include(but is not limited to) a Phase I and/or Phase II environmental assessment, utilities availability and capacity, access availability,zoning, preliminary architectural and engineering studies, marketing feasibility. (3) A Phase I environmental assessment generally will consist of a review of title of ownership and land use, review of geologic and hydrologic maps of the area, review of federal and state databases for known hazardous water generators or contaminated sites and a site visit. If the Phase I review reveals the potential of a contaminated site, a Phase 11 environmental assessment may be conducted which generally will consist of on-site sampling, including the digging or boring of test holes for soil samples. By executing this agreement, Seller hereby authorizes Buyer a right of entry on to the property for the put pose of conducting this feasibility study including a Phase 1, and if necessary, a Phase H environmental assessment. Seller will be notified if a Phase H environmental assessment is to be conducted. (4) Buyer agrees to conduct its feasibility study at its sole cost and expense; and if Buyer does not remove the feasibility contingency on or before the expiration of the feasibility period,then Buyer also agrees, if requested by Seller, to deliver to Seller copies of all information and documentation obtained by Buyer in connection with its feasibility study (5) For any on-site activity performed by Buyer during the feasibility study, Buyer agrees to return the Property to its original state (i.e., fill all boring holes, etc.). (e) Seller's lender approving of the sale and a partial deed release, and a loan modification with a pay-down of the loan not to exceed 80% of the sale price. (f) Buyer granting Seller an easement at closing for vehicle turn-around on Buyer's property 15' wide (running east to west)x 20' long(running north to south) from the north end of the Seller's parking area. The easement shall contain language that it may be used solely for vehicle turn-around and no other purpose. The easement shall also contain language that it shall immediately terminate upon the demolition and removal of the existing building at 646 Washington Ave. (g) After closing of the sale and prior to July 31, 2016, buyer removing the tree(s)that is on Buyer's property(just north of Seller's 6-plex)that overhangs the Sellers building, and the brown small dead tree just north of the Seller's top landing. This contingency shall survive closing. (h) After closing of the sale, Buyer will remove the existing stairway beginning at the downhill exit of the lower landing located on Seller's retained property and ending on Buyer's purchased property herein. The Seller will close off the lower landing at the demolition point and make the lower landing safe. This contingency shall survive closing. 2 646 Washington Avenue With the exception of Sections 4(g)and 4(h) above, should any of these contingencies not be met by Closing,then this Agreement shall terminate and neither Buyer nor Seller shall have any further rights, duties or obligations hereunder, except that the Earnest Money held in escrow shall be immediately returned to Buyer. 5. CONVEYANCE AND CONDITION OF TITLE. The title to the real property shall be conveyed by Seller to Buyer at closing by Statutory Warranty Deed, free and clear of all liens, encumbrances or defects except those described in Paragraph 6 below. 6. TITLE INSURANCE. At Closing, Seller shall cause Land Title Company, whose address and telephone number is 9657 Levin Road NW, Silverdale,WA 98383; 360-692- 2233,to issue a standard form owner's policy of title insurance to Buyer in an amount equal to the total purchase price of the Property. The cost of this policy shall be paid be shared equally between Buyer and Seller at Closing For purposes of this Agreement, the following shall not be deemed encumbrances or defects. rights reserved and federal patents or state deeds; building or use restrictions consistent with current zoning, and utility and road easements of record If title cannot be made so insurable prior to the Closing date called for herein, unless, Buyer elects to waive such defects or encumbrances,this agreement shall terminate. 7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be shared equally between Buyer and Seller, except those fees which are expressly limited by Federal Regulation. Seller shall pay for excise tax and revenue stamps. Taxes for the current year, rents, interest, Association, Condominium and/or Homeowner's fees, water and other utility charges, if any, shall be pro-rated as of date of closing unless otherwise agreed. Buyer shall reimburse Seller $30 per day for each day closing is delayed beyond June 15, if delay is caused by Buyer. 8. CLOSING OF THE SALE. With the understanding that time is of the essence for this agreement, this sale shall be closed by June 15, 2015 which shall also be the termination date of this agreement unless said closing date is extended in writing by mutual agreement of the parties. When notified,the Buyer and Seller will deposit, without delay, in escrow with Land Title Company, all instruments and monies required to complete the transaction in accordance with this agreement. Closing, for the purpose of this agreement, is defined as the date that all documents are executed and the sale proceeds are available for disbursement to the Seller. 9. CASUALTY LOSS. If prior to closing, improvements on said premises shall be destroyed or materially damaged by fire or other casualty,this agreement, at option of the Buyer, shall become null and void. 10. POSSESSION. Buyer shall be entitled to possession on closing 11. SELLER'S REPRESENTATIONS. Seller represents that, (a) Seller will maintain the Property in present or better condition until time of agreed possession, (b) Seller has no knowledge or notice from any governmental agency of any violation of laws relating to the subject Property except None (c) The Property is not encumbered by any leases. 3 646 Washington Avenue 12. SELLER'S ENVIRONMENTAL REPRESENTATIONS. Seller represents that to the best of his/her knowledge that he/she is not aware of existence of, or has caused or allowed to be caused, any environment condition(including, without limitation, a spill, discharge or contamination)that existed as of and/or prior to the closing date or any act of omission occurring prior to the closing date, the result of which may require remedial action pursuant to any federal, state or local law or may be the basis for the assertion of any third party claims, including claims of governmental entities except: None This provision shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 13. SELLER'S INDEMNITIES: Seller agrees to indemnify and hold harmless the Buyer, against and in respect of, any and all damages, claims, losses, liabilities,judgments, demands, fees, obligations, assessments, and expenses and costs, including, without limitation, reasonable legal, accounting, consulting, engineering and other expenses which may be imposed upon or incurred by Buyer,or asserted against Buyer, by any other party or parties (including, without limitation, a governmental entity), arising out of or in connection with any environmental condition existing as of and/or prior to the closing date, including the exposure of any person to any such environmental condition, regardless of whether such environmental condition or exposure resulted from activities of Seller or Seller's predecessors in interest. Additionally, Seller shall indemnify Buyer against all liabilities and claims relating to the use of the turn-around easement granted by Buyer to Seller as identified in Section 4(f)above. Seller is not liable for any of Buyers actions referenced in Section 1 above This indemnity shall survive the closing and be in addition to Seller's obligation for breach of a representation or warranty as may be set forth herein. 14. DEFAULT AND ATTORNEY'S FEES. (a) Buyer's Default. if Buyer defaults hereunder, Seller's sole remedy shall be limited to damages against Buyer in the liquidated amount of the earnest money previously paid the Buyer. Buyer and Seller intend that said amount constitutes liquidated damages so as to avoid other costs and expenses to either party in connection with potential litigation on account of Buyers' default. Buyer and Seller believe said amount to be a fair estimate of actual damages. (b) Seller's Default. If Seller defaults hereunder, Buyer shall have all the rights and remedies available at law or in equity. (c) Attorney's Fees and Costs. In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. 15. NOTICE TO SELLER. This form contains provisions for an agreement for the purchase and sale of real estate. Buyer makes no warranty or representation of any kind that this form, or any of its provisions, is intended to meet the factual and legal requirements of a particular transaction, or that it accurately reflects that laws of the State of Washington at the time you enter the agreement. This agreement has significant legal and financial consequences By signing this agreement, Seller acknowledges that Seller has or has had the opportunity to consult with an attorney regarding Sellers rights and obligations in this agreement. 16. BROKERS FEES/COMMISSIONS. Seller agrees to indemnify, defend and hold harmless Buyer with respect to any claim by any person or entity claiming through Seller to be entitled to a commission with respect to the transaction contemplated by this agreement. 4 646 Washington Avenue 17. NON-MERGER. The terms, conditions, and provisions of this Agreement shall not be deemed merged into the deed, and shall survive the Closing and continue in full force and effect. 18. NOTICES. All notices required or permitted to be given hereunder shall be in writing and shall be sent U.S. certified mail, return receipt requested, or by facsimile transmission addressed as set forth below: (a) All notices to be given to Buyer shall be addressed as follows: Mayor City of Bremerton 345 6th Street, Suite 600 Bremerton, Washington 98337-1873 (b) All notices to be given to Seller shall be addressed as follows: Tree Investments, LLC Either party hereto may, by written notice to the other, designate such other address for the giving of notices as being necessary. All notices shall be deemed given on the day such notice is personally served, or on the date of the facsimile transmission, or on the third day following the day such notice is mailed in accordance with this paragraph. 19. ENTIRE AGREEMENT. This agreement, including all incorporated exhibits, constitutes the full understanding between seller and buyer. There have been no verbal or other agreements that modify this agreement. 20. BINDING EFFECT AND SURVIVAL. This Agreement shall be binding upon parties hereto and their respective heirs, successors and assigns; and the terms, conditions and provisions of this Agreement shall survive the closing of this transaction. 21. DATE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the date of mutual acceptance of this Agreement shall be the last date on which the parties to this Agreement have executed this Agreement as indicated below. 22. EXPIRATION OF OFFER. Seller shall have only until 5:00 p.m. on 2015, to accept the purchase and sale agreement as written, by delivering a signed copy thereof to the Buyer or the Buyer's agent. If Seller does not so deliver a signed copy within said period,this agreement shall lapse and all right of the parties hereunder shall terminate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date 5 646 Washington Avenue set forth below. BUYER: SELLER: THE CITY OF BREMERTON TREE INVESTMENTS, LLC By: By: Patty Lent, Mayor Its- Dated: Dated: By: Its Dated- APPROVED AS TO FORM By: Roger A Lubovich, City Attorney R\Legal\Legal\Fdes\Current Active Files\646 Washington Avenue\REPSA-646 Washington Ave-5-1-15 highlighted doc 6 646 Washington Avenue Return Address: Parametrix 4660 Kitsao Way.Suite A Bremerton,Washington 98312 DECLARATION OF BOUNDARY LINE ADJUSTMENT This form allows for the adjustment of boundary lines within the City of Bremerton. This adjustment will not create any additional lot,tract,parcel or site,nor create any lot,tract, parcel or site which contains insufficient area and dimension to meet the minimum requirements for the zones width,depth and area as prescribed the City of Bremerton Ordinance 5034 NOTE: This boundary line adjustment does NOT convey ownership. • A survey of the property is recommended since it provides an accurate description of the property and precisely locates the property boundaries. • It is recommended that legal descriptions be prepared by a professional land surveyor • Please see attached exhibit of the current and proposed lot configuration. • Per RCW 84.56.340,all current year and delinquent taxes much be paid In full on all parcels. If this property is within a Short Subdivision,you will need to file a Short Subdivision Amendment to the effected lots of the original Short Subdivision Assessor's Tax Account No(s): 3713-002-003-0005&3713-002-002-0006 Location: Section 13,Township 24N,Range 1E Quarter: NE Quarter: SW Zoning: Multi-Family Residential Min. Lot Area required per zoning: 3,000 sq.ft. Applicant: City of Bremerton Applicant Mailing Address: 100 Oyster Bay Ave.N.,Bremerton,WA 98312 Applicant's Phone No.360-473-5290 Owners)of Record: City of Bremerton(3713-002-003-0005),Family Tree Investments,LLC (3713-002-002-0006) Declarant(s)/Owners of Original Parcel(s): Name Mailing Address City/State/Zip City of Bremerton 100 Oyster Bay Ave. N. Bremerton,WA 98312 Family Tree Investments LLC 14505 43rd Ave.W. Lynnwood,WA 98087 IN WITNESS WHEREOF,the parties hereto have executed this Instrument as of . 2015 DECLARANTS STATE OF WASHINGTON ) COUNTY OF KITSAP ) On this day of .2015,before me personally appeared to me known (or proved on the basis of satisfactory evidence)to be the of the corporation that executed the within and foregoing Instrument,and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned,and on oath stated that he/she was authorized to execute said Instrument. In witness whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Dated: Signature of Notary Public: Printed Name of Notary Public: DECLARATION OF BOUNDARY UNE ADJUSTMENT THIS DECLARATION MADE THIS day of ,2015, By: The City of Bremerton Declarant(s)as owners of the real property legally described herein, and by Family Tree Investments LLC Declarant(s)as owners of the real property legally described herein,who wish to adjust the common property line between said parcels without creating any additional lot,tract,parcel or site. CURRENT Legal Description of Parcel(s): PARCEL A: (Tax Account No.3713-002-003-0005) THE NORTH HALF OF LOT 3,BLOCK 2,BENBENNICK'S SECOND ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE 79,RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL B: (Tax Account No.3713-002-003-0006) LOT 2 AND THE SOUTH HALF OF LOT 3, BLOCK 2,BENBENNICK'S SECOND ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE 79,RECORDS OF KITSAP COUNTY,WASHINGTON. PUSFJ- Om m ��88��NAL LANA 6��' REVISED Legal Description of Parcel(s): RESULTANT PARCEL A: LOT 3, BLOCK 2,BENBENNICK'S SECOND ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE 79,RECORDS OF KITSAP COUNTY,WASHINGTON. RESULTANT PARCEL B: LOT 2,BLOCK 2,BENBENNICK'S SECOND ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS,PAGE 79,RECORDS OF KITSAP COUNTY,WASHINGTON. —.d/— I� . FUSS 4 �. sB��N�1 LANA ate. BOUNDARY LINE ADJUSTMENT ORIGINAL PARCELS 0 N SECTION 13,TOWNSHIP 24 N,RANGE 1 E,W.M. BOUNDARY LINE ADJUSTMENT MAP V o w KITSAP COUNTY,WA E gRlpC'E I� I � U211 fet't I 25' / 123.00' s8 � art � I Of IWK PARCEL A Z CITY OF BREMERTON 31O SF Q3713-002-003-0005 Z 123 ��,OC�p ��x,19 CITY OF BREMERTON Sri z ori PARCEL e _ 8M SF g 0211 AD �3713�OED ` FAMILI TREE INIFSTMENTS, LLC I � / s88'?mIE 17sf I TA om m 4660 KITSAP WAY,SUITE A 41 64 fl� BREMERTON,WASHINGTON 98312 �F �v T.380.3T7.0014 F.360.479.5961 LB LAH�6� www. .Com Parametrix DATE Wa$0.MKO F%&INb124-W"V"A EIl00JMMO.PLANN910.=VOt0NWffA6> 8 BOUNDARY LINE ADJUSTMENT RESULTANT PARCELS. 0 N 4o, SECTION 13,TOWNSHIP 24 N,RANGE 1 E,W.M. BOUNDARY LINE ADJUSTMENT MAP l' 40' K TSAP COUNTY,WA ESE gR1DGE I �Z1� t91't ' 251 11wi,00' I 1 es't � W FEWW PAXII g X37 3-00_-f-J.fR,N AC A Z OF BRE?�ER-Oh W Q o o 3713-002-003-0005 O1?:fw CiTY OF ©REMERidN g �p�o 4477 LL�� Z �"'' RLSULTAM PARCEL B ORUt'�NAL U1NE 699 Q 3713-002-002-0006 WV LK i 1 FAMILY TREE INVESTMENTS, LLC 126.00r i bort SIMIE INA I W. Pv I Q'` 1 TA S 4660 KrrSAP WAY,SUITE A oe BREMERTON,WASHINGTON 98312 41964 �a T.360.3n.W14 F.360.479.6961 isS� wwW mn LANA Parametrix our rmn aq sore RIS�aeanwr�vr.au 111 MtaRINQ.PLAIQ®!f.ENVOIANOM TAL 8031IG.8 WHEN RECORDED RETURN TO: Name Paiamehvc Address: 4660 Kitsap Way,Suite A City,State,Zip Bremerton.WA 98312 QUIT CLAIM DEED THE GRANTORS FAMILY TREE INVESTMENTS.LLC ,a Limited Liability Corporation and in consideration of Execution of a Boundary Line Adjustment,convey and quit claim to THE CITY OF BREMERTON,a Municipal Corporation, the following described real estate, situated in the County of KI TSAP ,State of Washington,together with all after acquired title of the grantor(s)herein: Refer to Exhibit A attached hereto and made a part hereof Assessor's Property Tax Parcel Account Number(s): 3713-002-003-0005&3713-002-002-0006 Abbreviated Legal: IAT 3,BLOCK 2.BENBENNICK'S SECOND ADDITION STATE OF WASH NGTON) I SS COUNTY OF I certify that on the day of 2015,before me,a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared before me ,tome known to be the of a .who executed the foregoing instrument . and aclmowledged the said instrument to be the free and voluntary act and deed of said for the conveyance of real property therein mentioned and on oath states that is authorized to execute the said instrument. Dated: 2015 Notary Public in and for the State of Washington Residing at My appointment expires: Exhibit A THE SOUTH HALF OF LOT 3,BLOCK 2,BENBENNICK'S SECOND ADDITION,ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 79,RECORDS OF KITSAP COUNTY, WASHINGTON. 0 4-oi- �N. PV cm �B��AGIL LANA 5 BOUNDARY LINE ADJUSTMENT RESULTANT PARCELS N 4d SECTION 13,TOWNSHIP 24 N, RANGE 1 E,W.M. BOUNDARY LINE ADJUSTMENT MAP '� KITSAP COUNTY,WA - MANEGE gFtVDGE j I � 1 SW23112 1911t 25' i 12&OIY W ;;_E3= 2ZT-_OFQs RESULTAM PARCELA SIF z ITY OF OREMEF+TOr4 AC W Q � T 0, � 3?31 002-OG3-0G0,, 0 12500' 'RP, 1 � Q ,c 19 CITY OF f3REMERTON p� ser2ft1: z . ® ti _ `�� RESULTANT PARCEL B NO ME $ cl) y Q �1�039�OG2-GG06) 9 NEW LNE i 1 FAMII Y TREE IN%ESTMEI4T5LLC 125.00' 5VI SB8"I3'211E 17VA m��slscF.,B S a 0 4660 KITSAP WAY.SUITE A .o BREMERTON,WASHINGTON 98312 41964 �a� T.360.377.0014 F.360.479.5951 Fps`ON`84^�D 9� Www. 1 aft.00m mgm-tolmmilpil DATEMAM3 NS FLE 18W12 w"AWaA ENGINEERING.PLANNING.ENWRONMENTAL 9CIENCEB Esc �1164 G Windermere 11®Commercial BrokersAssoci20 20,1 (33e REAL ESTATE ALL RIGHTS RESERVED CBA Form AD-1 Agency Disclosure Rev.112011 Pape 1 of 1 AGENCY DISCLOSURE and ACKNOWLEDGEMENT OF RECEIPT OF LAW OF AGENCY PAMPHLET When a real estate broker provides real estate brokerage services, Washington law requires the broker to disclose to all parties whether the broker represents the seller (or lessor), the buyer (or lessee), both the seller/lessor and buyer/lessee, or neither. This form is for use only when the transaction documents do not contain an agency disclosure provision. THE UNDERSIGNED FIRM AND BROKER REPRESENTS: THE UNDERSIGNED PARTIES ACKNOWLEDGE RECEIPT OF A COPY OF THE PAMPHLET ENTITLED "THE LAW OF REAL ESTATE AGENCY" DATE Signature DATE Signature DATE Signature DATE Signature BROKER Print/Type BROKER'S SIGNATURE FIRM NAME AS LICENSED Print/Type FIRM'S ASSUMED NAME(if applicable) Print/Type Farm generated by.Trite Forms' www.TrueFormsxom 600-499-9612 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A SUBJECT: Kitsap Regional Coordinating Study Session Date: May 13, 2015 Council (KRCC) Interlocal Agreement COUNCIL MEETING Date: May 20, 2015 Department: City Council Presenter: President Wheeler Phone: (360) 473-5280 SUMMARY: Discussion and potential action regarding the City's participation in the Kitsap Regional Coordinating Council. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation ❑ Full Presentation 0 General Council Business STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to withdraw the City of Bremerton from the Kitsap Regional Coordinating Council (KRCC) Interlocal Agreement and authorize the City Council President to send Notice to the KRCC Executive Board of the City's'intent to withdraw. Such Notice shall provide that the City's withdrawal is to be effective six months from the date of the Notice sent by the Council President. Further the Council President is authorized to negotiate an earlier withdrawal date from KRCC. COUNCIL ACTION: Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 From: Lori Smith on behalf of City Council Sent: Wednesday, May 13, 2015 3:55 PM To: 'John Powers' Cc: City Council; Patty Lent Subject: FW: May 13 Study Session - Comments on KRCC Issue (John Powers of KEDA) Mr. Powers, Your e-mail was received,and will be provided to Council President Greg Wheeler, as well as the rest of the Council Members for their review and consideration. A copy of your letter will also be included as a part of the record on this issue. It is appreciated that you took the time to submit your comments. Lori Smith Legislative Assistant Bremerton City Council (360)473-5280 -----Original Message----- From: John Powers [mai Ito:powers2kitsapeda.org] Sent: Wednesday, May 13,2015 3:39 PM To: Patty Lent; City Council cc: Steve Politakis; Ben Anderson; Bob Guyt; Julie Tappero; Elliot Gregg; Mark Gulbranson Subject: KRCC Dear Mayor Lent and Council President Wheeler, I regret I am unable to attend this evening's city council study session re the City of Bremerton's continued participation in the Kitsap Regional Coordinating Council. If presented with the opportunity to address Bremerton city leadership on this important(far ranging) matter, I would implore you to keep working to find a way to keep this critical coordinating council together -and for Bremerton to fully participate at the table of regional collaboration. As I have often shared with you,and your peer Leaders on our KEDA board, regional collaboration -at both the 4 County PSRC as well as sub-regional collaboration as manifested in the KRCC(or initiatives such as the WSA or the West Sound WDC)-is a very valuable intangible community asset. Regional collaborative relationships provide competitive advantages in terms of economic and community development dynamics.When a larger unified cohort of communities demonstrate to the market and business community that there exists an esprit de corp-teamwork-element in the larger community's culture and commerce-people are naturally attracted to this dynamic.When that element is missing, it can lead to a vacuum filled with negativity-not positivity. That is why we made sure this collaborative community dynamic was highlighted in our KitsapConnected video.That is why our marketing materials are replete with information about the value of regionalism to developing market opportunities. Based upon decades of working in economic development in collaborative regions, as well as regions devoid of collaboration, in my view it would be detrimental to the City of Bremerton's interests,as well as the interests of all i other current members of the KRCC, if Bremerton withdrew from the KRCC- PARTICULARLY if city leadership fails to demonstrate that it has diligently and objectively pursued every possible avenue to find a way forward to keep the KRCC in tack... including pursuing mediation to resolve differences that have led to some wanting to withdraw. I spoke with Mark Gulbranson at PSRC and a fellow KEDA board member and he concurs with my view as to the clear value of regional collaboration at both the PSRC and KRCC level. He stated that although Bremerton would technically allowed to participate in PSRC matters-by not being a member of the KRCC it would be at a disadvantage in terms of not being at the KRCC table when the KRCC is dealing with the PSRC on a variety of maters including regional allocation of transportation$$s etc.-as well as having diminished the value of Kitsap County and all the members of the KRCC being admired for and known as an attractive regional community/market to do business with. To me this is not a political or policy issue- it is a tangible economic development issue-an issue that impacts Kitsap's overall economic development balance sheet. I urge you both to agree to seek a mediated resolution of the differences that have led to The Bremerton City Council contemplating actions to withdraw from the KRCC( leaving nearly 20%of the county residents without full representation in regional affairs)- I stand ready to assist you,as do members of our board of directors from the private sector, in seeking and securing the services of a top flight professional mediator that can help the parties at odds agree to a well informed,fair, reasonable and consensual path forward to advance or region's opportunities for generations to come. In my experience effective leadership always endeavors to turn over each and every stone to make absolutely sure they have done everything possible to resolve an issue of this magnitude-from my view that has not yet occurred. Respectfully Submitted, John Powers 2 ECONOMIC KITSAPDEVELOPMENT ' ' Positioned Prosperity ALLIANCE May 20,2015 Re:City of Bremerton's Continued Participation in the Kitsap Regional Coordinating Council Dear Mayor Lent,Council President Wheeler,and Members of the Bremerton City Council As an economic developer,and Director of the Kitsap Economic Development Alliance, I am writing to encourage you to continue working to find a way to keep the KRCC whole;and,for Bremerton to fully participate in this important council that convenes the table of collaboration among local governmental entities throughout Kitsap County. From my perspective, collaboration by governments(at both the PSRC and KRCC level)gives rise to a very valuable community asset on our economic development balance sheet. I believe this asset would be diminished in value should Bremerton (Kitsap County's largest city and home to 15%of its population and 25%of its employment base)elect to no longer participate in the KRCC. I do not believe withdrawing from the KRCC would be in the City of Bremerton's best interest. Regional collaborative relationships and initiatives provide competitive advantages in terms of economic and community development dynamics.When a cohort of neighboring jurisdictions band together and demonstrate to the business community that there exists an esprit de corps element in the larger community's culture and commerce, businesses are naturally attracted to this market dynamic.The harmony that emanates from regional collaboration helps to create a "business climate"that is a positive market force.When that element is missing, it gives rise to a vacuum into which disharmony-negativity-will creep. Perceived negativity undermines efforts to maintain a positive business climate throughout incorporated and unincorporated Kitsap County. To me,this is not a political issue-it is an important economic development issue. Intragovernmental collaboration on critical economic development matters involving transportation, land use, housing, public safety, utilities,and workforce provide our community with a competitive advantage in the market place.That is why our Alliance's economic development marketing materials promote the presence of strong collaboration among our regional and local governments—collaborations that have served us well for a more than a generation.We do so because it's good for business. Before taking further steps to withdraw from the KRCC, I respectfully request the City of Bremerton seek a mediated resolution of issues that have caused it to contemplate this action. I,and private sector members of our Alliance,stand ready to assist the KRCC in securing the services of an experienced mediator that can help the members of the KRCC family formally pursue a well-informed,fair, reasonable, and consensual path forward to continue to support a complete KRCC that will continue to advance our region's opportunities for generations to come. In my experience,effective leadership always endeavors to turn over each and every stone to make absolutely certain they have done everything possible to resolve far reaching issues of this magnitude. From my view that has not yet occurred. Respectfully Submitted, r G' John Powers Executive Director 360-377-9499 1 4312 Kitsap Way,Suite 103 Bremerton,WA 98312 www.kitsapeda.org www.kitsapconnected.org John Powers From: Leonard Forsman <Iforsman@suquamish.nsn.us> Sent: Wednesday, May 20, 2015 4:37 PM To: John Powers Subject: Statement for Bremerton City Council Meeting Dear Mayor Lent, Council President Wheeler, and Members of the Bremerton City Council I would like to take this opportunity to request Bremerton's city leaders consider having an open detailed discussion of the issues with the KRCC board and if needed engage in a mediated solution to potentially address any outstanding disputes. The Suquamish Tribe holds its government-to-government relations to be of great value and perseveres to uphold these relationships despite disputes and disagreements,which are prone to occur from time-to-time. We have overcome and avoided many of these challenges over the years and much of that can be attributed to our participation in KRCC,which has given us a forum to help plan our growth and development in a collaborative manner. In addition, the unified group of governments that KRCC represents keeps our area relevant in policy discussions that take place in PSRC and the legislature,which is beneficial to all. We see Bremerton as a key participant in the successful economic and cultural growth of Kitsap County,our ancestral homeland, and encourage you to strongly consider remaining members of KRCC. Respectfully, Leonard Forsman Chairman Suquamish Tribe 1 AGENDA BILL CITY OF BREMERTON 78 CITY COUNCIL SUBJECT: Ordinance No. 5276 to repeal Study Session Date: 5/13/15 Chapters 11.08 and 11.10 of the Bremerton COUNCIL MEETING Date: 5/20/15 Municipal Code, and Adopt a New Chapter Department: PW&U 11.08 Presenter: Chal Martin Phone: (360) 473-5758 SUMMARY: To further define the requirements and procedures to maintain sidewalks and other street frontage improvements as outlined in Chapter 35.69 of the Revised Code of Washington, Staff is proposing updated code provisions that relate to sidewalk and street frontage maintenance and improvements by repealing Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks— Construction, Reconstruction and Repair;" repealing Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks— Duties of Abutting Property Owners;" and adopting a new Chapter 11.08 entitled "Sidewalk and Street Frontage." The new ordinance envisions the City establishing a system to notify owners that repairs are needed, then providing a mechanism for the repairs to be completed. Property owners can make the repairs themselves with a City permit, or request the City make the repairs. The City mechanism to make the repairs is proposed to be an indefinite delivery contract with standard bid prices for sidewalk and driveway repair. If the City makes the repairs through its contractor, property owners would pay the City directly, and the funds would be deposited into the Sidewalk Abatement Fund (see below). If the property owner does not perform the repairs (or pay the City for the repairs), then the City Council may assess a lien on the property for the expense. ATTACHMENTS: Ordinance No. 5276 FISCAL IMPACTS (Include Budgeted Amount): This ordinance proposes to initiate a Sidewalk Abatement Fund which will receive funds from property liens, and property owners who reimburse the City for sidewalk/driveway repairs. However, we anticipate this fund will need to be supplemented with Street funding. $25,000 is recommended as a budget target for 2016. STUDY SESSION AGENDA: ❑ No Presentation ❑x Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda N General Business ❑ Public Hearing RECOMMENDED MOTION: Approve the Ordinance No. 5276 to repeal Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks —Construction and Repair;" repeal BMC Chapter 11.10 entitled "Sidewalks— Duties of Abutting Property Owners," and adopt a new chapter, Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage." COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ORDINANCE NO. 5276 AN ORDINANCE of the City Council of the City of Bremerton, Washington repealing Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks — Construction, Reconstruction and Repair," repealing Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks — Duties of Abutting Property Owners" and adopting a new chapter, Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage." WHEREAS, the City Council desires to update code provisions relating to sidewalk and street frontage maintenance and improvements by repealing Chapter 1108 of the Bremerton Municipal Code entitled "Sidewalks—Construction,Reconstruction and Repair", repealing Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks—Duties of Abutting Property Owners" and adopting a new chapter, Chapter 11.08 entitled "Sidewalk and Street Frontage;NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalks—Construction, Reconstruction and Repair" is hereby repealed in its entirety. SECTION 2. Chapter 11.10 of the Bremerton Municipal Code entitled "Sidewalks—Duties of Abutting Property Owners" is hereby repealed in its entirety. SECTION 3. A new chapter, Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage" is hereby adopted to read as follows: Chapter 11.08 SIDEWALK AND STREET FRONTAGE 11.08.010 PURPOSE. This chapter further defines the requirements and procedures to maintain sidewalks and other street frontage improvements as outlined in Chapters 35.68 and 35.69 of the Revised Code of Washington(RCW), said chapters incorporated herein by reference as adopted and hereinafter amended. 11.08.020 RESPONSIBILITIES. Street frontage must be maintained in accordance with City Standards. Permits may be required to undertake the work required in this chapter. 11.08.030 SIDEWALK AND STREET FRONTAGE MAINTENANCE STANDARDS. (a) It shall be the duty of every owner or lessee of property abutting on public right of way to keep sidewalks free of snow, ice, obstruction or other objectionable thing. It shall be 1 Sidewalk& Street Frontage unlawful for the owner or lessee occupying or having charge or control of any premises abutting upon any public street, right-of-way, or alley, or beneath such public sidewalk area in the City to construct, place, cause, create, maintain, or permit to remain upon any sidewalk any condition, structure, or object dangerous or hazardous to the use of said sidewalk by the members of the general public including, but not limited to, the following conditions. (1) Defective sidewalk surfaces including, but not limited to, broken or cracked cement, stub-toes, depressions within or between sidewalk joints; (2) Defective cement surfaces placed adjacent to the public sidewalk or defects at the juncture between said cement surfaces and said public sidewalks, including stub- toes or depressions at said junction; (3) Defects in sidewalks or public ways caused or contributed to by the roots of trees or similar growth or vegetation located either on private adjoining property or on the parking strip portion of any such street right-of-way, (4) Defective conditions caused by tree limbs, foliage, brush or grass on or extending over such public sidewalks or rights-of-way; (5) Defective conditions on the planting strip; (6) Defects resulting from accumulation of ice and snow on public sidewalks or on the right-of-way between the curb line or, if there is no curb line,then between the adjacent edge of the traveled portion of the street roadway and the abutting property line; (7) Defects consisting of foreign matter on the public sidewalks including, but not limited to, gravel, oil, grease, or any other foreign subject matter that cause pedestrians using- said singsaid sidewalk to fall, stumble or slip by reason of the existence of such foreign matter; (8) Defective handrails or fences or other similar structures within or immediately adjacent to said right-of-way; (9) Sidewalks in violation of current ADA accessibility guidelines; and/or (10) Missing sections of sidewalk be constructed. Where a portion of any street is missing sidewalk along the frontage of multiple or single abutting properties, it shall be the duty of the abutting property owner to complete the sidewalk, curb and gutter. (b) The term "person occupying property" shall mean owners or lessees who occupy or are entitled to occupy and make general use of property. (1) In the case of apartment houses, rooming houses, courts, and similar buildings, the term "person occupying property" shall mean that person or persons owning or in control and management of the building on the property. (2) In the case of office buildings, duplexes and other property occupied by more than one(1) person, firm or family and not included in subsection(b)(1) of this section, the term "person occupying property" shall mean each of the owners or occupants of such building whose premises are on the sidewalk level and they shall be responsible for so much of the sidewalk as is adjacent to their premises. 11.08.040 ENFORCEMENT -NOTICE OF VIOLATION. (a) Upon finding that an owner or lessee is maintaining a condition prohibited in this Chapter,the City Code Enforcement Officer or City Engineer may order the repair. reconstruction, replacement, cleaning, removal, or remedy of the condition or obstruction. (b) Enforcement pursuant to Chapter 1.04 BMC may be used in lieu of or in conjunction with the provisions of this chapter. 2 Sidewalk& Street Frontage (c) Notice of the violation and required corrective action shall be sent to the legal owner of the abutting property, pursuant to Chapter 1.04.040, RCW 35.68.030 or RCW 35.69.030, as applicable, to repair or replace the sidewalk or curb, and/or related appurtenances. 11.08.050 PERMIT REQUIRED—APPLICATION—ASSESSMENT—LIEN. (a) Upon notification,the owner, agent, or lessee shall obtain a permit from the City to correct the sidewalk deficiency. No person, firm or corporation shall construct or reconstruct any curb, sidewalk or driveway on public rights-of-way without first obtaining a permit from the City. After sixty(60) calendar days, if the owner, agent, or lessee has not applied for a permit to correct the sidewalk deficiency,the City Council may, following a public hearing, assess a lien on the property for the expense of correcting the deficiency pursuant to Section 11.08.080 below. (b) In the event the owner, agent, or lessee obtains a permit within the time prescribed above, but the corrections are not completed within two hundred forty(240)calendar days of receiving the permit, the City Council may, following a public hearing, assess a lien on the property for the expense of correcting the deficiency. 11.08.060 DRIVEWAYS. (a) Upon receipt of an application and payment of all fees,the City may issue a permit to construct a driveway meeting City Standards. The City Engineer may revoke any driveway permit or require a modification of any driveway if: (1) The area occupied by the driveway is needed for the public convenience; (2) Continued operation of the driveway interferes with the safe and orderly flow of pedestrians, bicycles or vehicular traffic; (3) The abutting owner has failed to comply with all specifications and conditions of the permit; (4) The driveway does not access legal parking and maneuvering space on abutting property; or (5) The driveway does not meet current ADA accessibility guidelines. (b) Within sixty (60) calendar days of written notice from the City Engineer to close or modify a driveway, the abutting property owner shall obtain any required permits and make the corrections. It the abutting owner fails to make the required corrections within sixty(60) calendar days, the City may perform the required work at the expense of the abutting owner and assessment made as provided in this chapter. 11.08.070 CONSTRUCTION, RECONSTRUCTION AND REPAIR- RESOLUTION OF NECESSITY— LIABILITY OF ABUTTING PROPERTY. (a) Whenever a portion of any street in any city is not improved by the construction of a sidewalk thereon, or the sidewalk thereon has become unfit or unsafe for purposes of public travel and the City Council by resolution, pursuant to Chapter 35.68 RCW or Chapter 35.69 RCW as applicable, finds that the improvement of such portion of such street by the construction or reconstruction of a sidewalk thereon is necessary for the public safety and convenience,the duty, burden, and expense of constructing or reconstructing such sidewalk shall devolve upon the property directly abutting upon such portion except as provided in Subsections(b) and (c)of this section pursuant to RCW 35.69 020. (b) An abutting property shall not be charged with any costs of construction or reconstruction under this chapter in excess of fifty percent of the valuation of such abutting 3 Sidewalk& Street Frontage property, exclusive of improvements thereon, according to the valuation last placed upon it for purposes of general taxation. (c) An abutting property shall not be charged with any costs of construction or reconstruction under this chapter if the construction or reconstruction is required to correct deterioration of or damage to the sidewalk that is the direct result of actions by the city or its agents or to correct deterioration of or damage to the sidewalk that is the direct result of the failure of the city to enforce its ordinances 11.08.080 ASSESSMENT OF LIENS. The City Council may, following a public hearing, assess a lien on the property for the cost and expense of construction,reconstruction, and/or correcting the deficiency as authorized and pursuant to Chapter 35.68 RCW or Chapter 35.69 RCW as applicable. 11.08.090 SIDEWALK ABATEMENT FUND CREATED. The Sidewalk Abatement Fund is hereby created. The Sidewalk Abatement Fund shall receive revenue from proceeds of lien settlements as outlined in Section 11.08.080 above, and other revenue. All funds deposited into the Sidewalk Abatement Fund shall be used solely for correcting deficiencies in sidewalks and driveways. 11.08.100 COSTS. Whenever any construction, reconstruction or repair of any sidewalks, gutters or curbs along or driveways across sidewalks is to be done, the costs of the same may be paid for by: (l) The abutting owner may construct the correction or improvement at his/her own cost or expense using a private contractor after obtaining a City permit; (2) The abutting owner may request the City construct the correction or improvement and reimburse the City directly, or (3) The City may construct the improvement and assess the costs thereof against the abutting property owner. 11.08.110 VIOLATION—PENALTY. (a) Any violation of any provision of this chapter constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement and/or enforcement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor pursuant to Chapter 1.12 of the Bremerton Municipal Code. Each day, or a portion thereof, during which a violation occurs shall constitute a separate violation. SECTION 4. Severability. If anyone 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 S. Effective Date. This ordinance shall take effect and be in force ten (10)days from and after its passage, approval and publication as provided by law. 4 Sidewalk& Street Frontage PASSED by the City Council the day of , 2015 GREG WHEELER,Council President Approved this day of , 2015 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN,City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2015 EFFECTIVE the day of , 2015 ORDINANCE NO. R\Legal\Legal\Ordinances\Public Works&Utilities\BMC.1108& 11 10 repeal&adopt new 1108-(5-6-15)clean docx 5 Sidewalk&Street Frontage From: Gena Wales <gena@bremertonchamber.org> Sent: Wednesday, May 20, 2015 2:47 PM To: City Council Subject: Sidewalk damage Jerry, Just wanted to let you know about my concerns for property owners possibly being held financially responsible for sidewalk damage caused by plantings(trees) in the sidewalks. The Chamber has a building on Fourth Street with a beautiful tree planted in the sidewalk in front of it. The Chamber did not plant the tree nor do we necessarily want the tree in front of the building. The damage to the sidewalks caused by the tree is not our responsibility. The Chamber, like many other small businesses in Bremerton cannot afford, in any way,to pay for repairs caused by trees planted by the City. I would like to make a recommendation to Council members to vote no on this action. President/CEO Bremerton Chamber of Commerce 360.479.3579 -�,BREMERTON chomber of commerce D � i AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Speed Hump Policy Study Session Date: 5/13/15 COUNCIL MEETING Date: 5/20/15 Department: PW&U Presenter: Chal Martin Phone: (360) 473-5346 SUMMARY: This policy establishes a procedure for evaluating, prioritizing and constructing speed humps for residential City streets. Elements of the proposed policy: 1) Initiation by a neighborhood petition signed by 70%of the residents; or a request by the Public Works Committee; 2) Technical review to ensure appropriateness 3) Neighborhood pays 50%of the material expense (except Hanford Avenue) 4) Speed hump installation requests will be batched for installation one time per year ATTACHMENTS: 1) Proposed Policy FISCAL IMPACTS (Include Budgeted Amount): $10,000 was budgeted for speed hump installation in 2015. We expect a similar amount would be appropriate to budget in upcoming years. STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda 0 General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the speed hump policy; and authorize the Mayor to finalize and execute the policy with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 CITY OF BREMERTON SPEED HUMP GENERAL ADMINISTRATION POLICY INDEX EFFECTIVE DATE: 5/20/2015 APPROVED General 2-30-08 REVISION DATE: PURPOSE To establish a procedure for evaluating and prioritizing speed humps for residential city streets. Speed humps are a traffic calming method to improve safety for all roadway users; reduce cut-through traffic on neighborhood streets, and encourage vehicular traffic to drive more slowly without significantly impacting convenience, mobility, and travel time for drivers. The disadvantages to speed humps are slowed response time for emergency vehicles, possible diversion of traffic to parallel residential streets, and possible increased noise and pollution for residents directly adjacent to the installation. POLICY All streets to be evaluated will have .specific limits identified to define a segment of street. These limits will be logical features that separate portions of a street, such as adjacent cross streets, major driveway entrances, changes in land use, or historic boundaries. The process to evaluate street segments for possible speed hump installation can be initiated in two ways: INITIATION A. A petition signed by 70% of the residents abutting the street segment for which the request is being made. The petition will be submitted to the Public Works and Utilities Department, Engineering Division. B. A request by the City's Public Works Committee. The City Engineer will perform an initial review of the request to evaluate whether the street segment meets the minimum requirements outlined below. MINIMUM REQUIREMENTS FOR SPEED HUMP INSTALLATION To be considered for speed humps, the street must meet the following minimum requirements: A. The traffic volumes(ADT)are between 200-2000. B. A study indicates that the 85th percentile is 11 mph over the posted Page 1 of 3 speed limit. Should the 85th percentile be between 5 mph to 10 mph over the posted speed limit, a waiver may be requested. The Public Works Committee will approve/disapprove waiver requests. Should the 85`x' percentile speed be less than 5 mph over the posted speed limit, waivers requests will only be approved if unusual circumstances are demonstrated. C. The street shall not be classified an arterial or collector. D. The maximum number of travel lanes does not exceed two. E. The minimum sight distance exists per AASHTO standards. F. The posted speed limit does not exceed 25 mph. G. The Pavement Condition Index is greater than 50. H. The street grade at the speed hump does not exceed 8 percent. 1. The centerline curve radius is not less than 250 feet. J. The street should have a minimum length of 500 feet between existing traffic controls K. The street is not part of a transit or bus route. L. Emergency services are not adversely affected with response times. It is important to review existing conditions and determine if there is a measurable problem, rather than a perceived problem. PRIORITIZATION The City Engineer will rank each traffic calming request received which meets the minimum requirements,according to the following criteria: A. Speeds from a traffic study exceeding the minimum speeding criteria. B. A review of historical accident records C. The level of pedestrian activity, including children at play, and proximity to schools, parks or playgrounds. D. Other factors unique to the street, such as lack of sidewalks, or if the street is part of a designated bicycle route. From time to time, the City Engineer will inform the Public Works Committee of the status of speed hump requests and priority list. CONSTRUCTION Speed humps shall be installed as a single project, no more than once per year by City staff or contract, subject to available funding. Prior to construction, the City shall collect 50% of the estimated expense of the materials and supplies necessary to construct the speed humps. In 2014,the estimated material expense to install a single speed hump was $1,011. Design of the humps, labor expenses, and coordination with residents will be at no cost to residents. The installation of the speed humps will be delayed if the street is on the Page 2 of 3 future projects list for capital improvements and the project will impact the devices. MAINTENANCE Costs associated with maintenance of the speed humps or replacement of signage and pavement markings due to damage or wear, and asphalt repairs to the humps themselves shall be borne by the City. REMOVAL OF SPEED HUMPS The request for removal of speed humps shall be by petition with 70% of residents making the request. Cost of removal, including labor, equipment and dumping fees will be borne by the residents making the request. Speed humps are to be installed and removed only once a year. As such, speed humps will not be considered for removal within one year of installation. EXEMPTION Pursuant to Bremerton City Council review and authorization of this policy on May 20, 2015, Hanford Avenue is exempt from the requirement for the initial installation of the speed humps to collect 50% of the material expenses. Editor's Note: This policy replaces the Residential Traffic Calming Evaluation Process policy, originally dated 3/18/98;modified 10/27/00. Page 3 of 3 9A Move to authorize the city attorney to seek rescission among the parties to the May 23, 2005 settlement agreement related to the 2004 comprehensive plan appeal. Should it not be rescinded by the parties, then authorize the city attorney to take legal action to void the agreement.