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Home My WebLink About06/17/2015 AGENDA i1 �� • � CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 � Phone (360)473-5280 ***AMENDED*** JUNE 17, 2015 CITY COUIVCIL 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. POLICE OATH OF OFFICE CEREMONY— Municipa/Court Judge James Docter A. Promotion to Sergeant—Mike Davis 4. POLICE DEPARTMENT MONTHLY BRIEFING —Police Chief Steven Strachan 5. MAYOR'S REPORT � 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting —June 3, 2015 C. Minutes of Study Session —June 10, 2015 D. Professiona{ Services Agreement with Eims Graham, P.S. for Legal Services E. Purchase of a 2015 Vac-Con Evactor Truck from Atlantic Machinery, Inc., through Enviroclean Equipment, Inc. for the Storm & Sewer Division of the Public Works & Utilities Department F. Award Supply Contract to HASA, Inc. for 12.5% Bulk Sodium Hypochlorite Solution for the Westside Wastewater Treatment Plant G. SR303-Manette Bridge Sewer Relocation Settlement Agreement between the City of Bremerton and the Washington State Department of Transportation H. Memorandum of Understanding befinreen the City of Bremerton and the International Association of Firefighters 8. GENERAL BUSINESS � A. Washington State Department of Natural Resources Easement Agreement for the Washington Avenue Project Item added... 9. COUNCIL MEMBER REPORTS 10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING �Americans with Disabilities Act(ADA) accommodations provided upon request. Those requiring special accommodafions please contact the City Clerk at(360) 473-5323 by noon on the day preceding the Meeting. OA'T'H OF OFFICE � SERGEAN'T' PROMO'TION STATE OF WASHINGTON COUNTY OF KITSAP I, Mike Davis solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the newly promoted position of Police Sergeant, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. _�_�—� �/9 Mike Davis Subscribed and swor o before me this 17� day of� June, 2015. Si r�ature of Official Administering the Oath remerton Municipal Court Judge James Docter i � . � � � � ; � �. � . ; � ,�..:.� _:.�. .,,: .. _ :.�.- .:�:_. --•-t,�g!� .��• _ � _ __-_= . :,.}re'�;1�', _� kr��.. �A�_ s, -- „^m-,.M�. .: , v�lp� "`.�r'�.r=..9. . - w�' ' s-;,�,. ` . _=:aY�c ,:�..�. �-:� 'l�l ��.:'. =�-..�'n `4 �� ' '� :e.,:v"."�A.�...3_�'_;, �r�m�rton :� --... r ,':oV1G� .�F�+�C►�� r�� r +L` ;�;;`,_::;�,,� � -'� - � � ' � . �,:�?_';=� M�y/��i ==_ . ,� _ _ - �. � ;� �� " .s:•� �'`':i• 4' • ZO 1 � ;�,� % :�:�'��, _ - R MEAx� �OLIO� - -' � . �wA;� - .__.__ s��t��t�� n��y �o � � - Mav '13 Mav'14 May'f5 Reports 1015 �2G 883 Arrests 243 202 172 Dom. Violence 2� 22 32 DUI 1�I 14 4 Ment�! Health* 28 22 19 *Specific call 1 i { I ,.�req�e�� ly�r" ��eus Ar�a� M�y� �01 � May'13 Max.'14 May'�5 Tresp�ss 10 1 G 20 Theft 81 4G b8 Vehicle Theft 10 5 9 Res. Burglary 29 17 i 6 Non-Res. Burglary23 15 12 Vehicle Prowling 15 1 G G DWLS 8 5 5 Mal. Mischief 12 12 28 _ - -� -� S�atewide Crime St�t��tics Z014 - r ��sh�ng�or�S�age popul��ion 6,�169,573 ► 352,8�1 "C�roup A"erirnes comrnitted ► Crirnes/�g�inst Persons increased i.7% � Murder,Rape,Assa�alt, ► Crimes�►g�in�g Proper�y inere�sed O.Z% - � Robbery,BurgDary,Theft,I�uto Thefg,IFraud - -��- - —_ - �� 2 I . St��w�de Cr�me Sta�ist��s 2014 i ► Dornes�i�V�olenee m�de up 51% of ail Crirnes,Aga�nst Perso�s ► G3 0� 17'1 murders in this��te wee°e dor�lestic violenee (37%) > There wrewe 1 Z0�Assauits of i�ole��Officers tn 20'�4, �n in�reage of S.G% ____ _` -� --�. � r�merton Statisti�s �� 14 zQ�3 zo�4 �iQ - Homicide 1 0 - � Felony Assauit 138 132 -4.3% Simple Assault G 13 G 12 -0.2% No Contact Order Viol. T 88 220 +y 7% Robbery SG 39 -3U% Burglary 4G0 350 . -24% Theft i482 138i -7% Auto Theft 159 158 -O.Ga/o Vandallsm 538 4G5 -13.G% Prostitution 14 39 +178% - .. �—`_ 3 I 4 re erton Statist�� 2014 , zo�3 ao�� io Totai of all Crimes 4511 4170 -7.G% Crime rate per 1,OUo population: 109.2 _ - ___-._ `-�_� C�6�rte R��es pep �00� po�ul��io�t �O'4 -- Bremerton 109.2 Port Angeles f 11.5 Pt Orchard 123.0 Kelso 1 U4.3 Shelton • 143.5 Longview 128.1 Glg Harbor 103.1 Aberdeen 124.3 Chehalis 130.8 Port Townsend 92.5 � Lakewood 112.S Auburn 121.1 Seattle 1 U5.2 Puya!!up f 4G.1 • Tacoma 134.9 Odympia 8G.3 Mt. Vernon 99.4 ;� - �` 4 . j l : ��nd�or o��fic��ion I ► CRO Sexton checked our database to update for Voiunteer Program to start checking . �ddresses ► 221 were registered ► 114 remain- the rest h�ve sold and many are owner-occupied ► BCA�S tr�ining in the next two weeks . �- :._.�'`�---�. Speci�l ��e�at�on� G�oup (S G� - ► Neighborhood tornplaints ► Sources:drug tip hottine, Community Rel�tions Officer, patrol information ► Consent searches and search w�rrants ► Narcotics and other evidence ► What's next7 Chronic nuisance�nd foltow up with property owners 5 _ � � 1 j.�R 1 � '41 'c ��'S`- �. i�' 'S'{1;��3 i.� l31 �.. ..' 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LEf T HAND SMOKE AT 8 . , �. . �r� � � - �JULY 11 AARON CRAWfORD ,� � �,, � -� �Y �-'� JULY 25 VAUDVILLE ETIQUETTE �- ._ � .�� - � -� � :i �i�` , = � - AUGUST 1 AYRON JONES & THE�IIVAY ,, ',�'�'.. ;. � - AUGUST 8 SEA OF MISINfORMATIONr ;�� , �` � AUGUST 15 ELECTRIC BARDS� �� .,��,, .��- \ ; � � � ., ..; , t \, � , :, � ; AUGUST 22�� CHANCE MCKINNEY ��:� �� :% AUGUST 29 KIM�ARCHER BAND� , , . � �- � , , �.� � :w. �-' ; , � � , lI ll I / � � . _a III , � ; ' � � � II 15 � ► I � � � � II � II �� Z� , , , � , , � � , ;;�:_-________-:__:�; � � P�--�F � � I i: , � , ;� I; �' � � BREMERTON 'r�J � ��,��-, � � ' ,~.'``'"L�' °G .'� ASSOCIATION � ��s ;. !f��.r.��c��;I L:_. J i � � Fr:� ,� 1� � �J ��,� _ ,_ � 'i V � � ,�c * o • : � . � • /. 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' . . , '� ,��. iVi�A�S for I�CID� & TEEIV� �"''�- �remerton �eing Served in Your Communi�y �� To find a location near you, �� Call 360.473.4717 or go to USDA is an equal opportunity employer and provider. vwwv.brernertonschools.orq Child IVutrition, Surx�mer Food Program , � �OIN US T�IS SUI�IME�t.�OR i\f��'�i�O�S ��' . S Aa �� u er ood er��ce r� r - � � � �r�� June 22, 201�-Au�st 1�, 2015 � Brkfst Lunch Snack Days Location Addr�ess- � - 11:30-12 3:15-3:30 M-F Crown�ili Elem. 1500 Rocky Pt Rd - 11:45-12:15 3:153:30 M-F YMCA (East Bremerton) 2Z61 Homer R.lones Rd - 12-12:30 �3:15-3:30 M-F Naval Ave(Boys'n Giris Clubj 9D0 01ym�ic A�:�.�. _�rR� I�L�� ' F' �T � �K. . June 22, 2015 -luly 09, 2015* - Brkfst Lunch Snack Days Location , Address -=_� ��i:: . 11:30-12 -��"-" 7:45-8 - M-F ��s:5�•c� . � 101 Nati � ��='��=f� . onalAve •no mea�servite Ju1y 3rtl July 6, 2015-Juiy 30, 2U15 Brkfst Lunch Snack Days Location Address - 12-12:30 - M, W, Th Nollwoad 385 fVoilwood � Julv 06, 2015 -Au�ust 07, 20154 � - � B�kfst Lunch Snack Days Park Locations Address . - 12-12:30 - M-F Blueberry l•atso lune 22nd&30th) 737 SyivBr► tNay � - 12-12:30 - M-F Manette Park 1300 Vandalia - 12-12:30 - M-F Haddon Park 15th &Ford Avenue - 12-12:30 - M-F Kiwanis(•also June 22nd) 17015th.Street June 29. 2015 -July 23, 2015 � � B�-kfst Lunch . Snack Days Location Address : _ - 12-12:30 - M,T, W,Th MVMS 2400 Perry�venue . luly 07, 2015 -Au�ust 11, 2015 � . . B�kfst Lunch Snack Days location � Addr�ss � - 11:45-12:00 - Tuesdays only Downtown Bremerton Library 612 5th St . July 13, 2U15 -luly 29, 2015. � - ' Brkfst luncfi Snack Days location �dd�ess . � 7:45-8 11:30-12 - M-F B�emert�n Hig�Schooi�dvs��c€u> 1500 13th St � � Julv 13, 2015 -Au��st 06, 2015 � ;:_ ' Bckfst Lunch Snack Days Location - • Address . �`" ' ' �.: 9-9:15 - - M,T, W,Th Armin Jahr Elementary 800 Dibb St 9-9:15 12-12:15 - M,T, W,Th West Hills Elem. (Annex) 520 IVational Ave S 9-9:15 12-12:15 - M,T, alV,Tt� View Ridge Elementary 325Q Spruce St Vleals must be consumed on site, no charges to chi(dren 18 years of age and under. � : � .� - To-find,the location and time of summer meal sites nearest you,call Family Food hotline at 1.888.4.FOUD.WA 1.888.436.6392 or v�iww.Rarenthelp123.org or by..��xtt� FS�9DWA to 877-877. - Last revise�May I8,ZO15 • ' �11:SDam �his institution is an equal opportunity provider and employer � � . .... . . ... .._. -._. . . . _ ----... _. . .. ....... ..... .. .__ -- -::---- _. ..._ . . . . . . r ��. . � y�� :�' If . 1� �tc�� '��. �g8�� /�y �' �,{"� � w��sdw�o ��q �11t6 t11� - �sarn+ °'� � _ , � � ; , •.. ��.�.� �• � �� '�.�� .. i i.r�i��:i: [i�h �!i"t ��!`. �# � �'[�� #.�, �1�� '.�'�kt� `=�w�,1.�i��".:��: � �'� �� a SoufhSoundKids.org B facebook.com/bgelubs ; 7he School Drsfr;d dooa�w�sponcor fhis even�/aclivity�offer ond fhe Dis/rid auumes no responsibilify fw i�.In cons�dPralion for fhe 4 } privilega lo disfri6ufo Iheic mafnrial�.fhc School Districf shall be hsld hormless from any course of adron filed in any courf or , . � „_ .. . - odminis/rafive triburml aricing ouf of fhe diahibution of tl�ese materials,i�rcluding oll cosh,ofromer c fees and judgmeMs or owords. _ �1 �_�� Join Us For Surr�n�er Day Camp! Ages 6-18 FIJN Theme �leeli� � Eneishment A,c#ivities � �4�� r�� Meals/Snacks Provided � Best VAlue Around $90/week for elementary aged members � $60/week (qualify for reduced lunch) � $30/week (qualify for free lunch) $60/year for Teens D�►Ccar+p Schdarships are available. No child turned away due to inability fo pay. See ihe Direcfor for assisfance. Locations $ Dates �eemerton Braneh June 22-A�g�st 21 ( 7am - bpm � 900 Olympic Avenue I Bremerton � 360.362.1854 �remerton Teen Cenfer lune 22— August 21 � Noon - 6pm . 3102 Wheaton Way I Bremerton � 360.830.6947 Progr�am Dafes are su6jecf to d�mrge.Clubs wi0 be claaed Julr 3. Gei C netFed � �SouthSoundKids.org �Facebook.eom/BremertonBronch�Facebook.com/BremarfonTeenCenter 0(253) 502�4600 � ` �' � ' / �'�� j � / /; / � �� - ,�� _ � � ,�� :1� � � �� .r.�,�.,r . .. ; ��,�.r � -� . _� ��= :�- .;. \ �� _� ,� �?'� when: � 1 r`I .-• '�� J. ��- � � {��`� �� 4th Saturday � �� ` „}�1"'�� ` ;�� ► �'' ,�fi�-'`,�• ._,� of every month . -��:� �,�,. .�-�`�� ''�' 9- 1 1 am i� � �� l ��i� / �^ ` Y"' ': �•� � �. _ , . .,�,�_; , Rain or Shine _ r _ �,- , . -�, � . ` t f ;��. �.�1� ''� _ ' � � ! _ ._ -� �r �+� � r where: � � � � : � �� r�- ,� � �'��.�: �� '� Kiwanis Park , � � ` � r,�`�; ��'�'� �i,, �� . �� , } ' � ��' �` � �� r� �� >> .-ti�� , �.�;� �,� 1701 5th St. . f. ;, � ..� - , � � .�. �� '� � �"t, � � �� f �� Bremerton - _ - �� '� ;�+ ��f ,� :� �` �,i� _ � � - � � � - - - � - � � � Upcoming Event Dates: - - • • - • • ' • • � - - - . . . . - . . ' - . - . . . Ja n. 24th Feb. 28th � � � � � � � � � � � � March 28th • • • • - • • • • - • • • - • • April 25th � � � � � � � May 23rd - . . . . . . . . - . - . . . - - - . . . . . . - - June 27th July 25th August 22nd - - Sept. 26th a:. � -- :.� � �:� �':�:� Oct. 24th ' - � -- �4.� =J 1 , t � . ' r �� _-._./ �"�y r � . �_. -�v` i/r � . . � -��.�•; . . . r� � s ,�,,'� ,y ;�"�+,i'...��' � '� i For more information � �� , �` ��-`� � , t''" ' - � please call 473-5305. ! '. _ ` ' ' . � � ~ _ � y «,w��,,s .g. a K �' � _� ��✓�� AT��.1 � c��!o�� n n.0 .J ' yNAT� l�Ill�ll I'��e�r� � 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 �� G _ ' � _� - - --- U� � � � � � ��.-,� • REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU � AGENDA BILL CITY OF BREMERTON ' CITY COUNCIL SUBJECT: Claims & Check Register Study Session Date: COUNCIL MEETING Date: June 17, 2015 Department: Fi�ancial Services Presenter: Shannon Corin Phone: 473-5323 SUMMARY: Approval of the following checks and electronic fund transfers: 1) Check#'s 363882 through 364050 and EFT's 14994 through 15047 in the amount of $4,440,048.43. 2) Regular Payroll for the pay period ending May 31, 2015 in the amount of$713,991.13. 3) Regular Payroll for the pay period ending May 31, 2015 in the amount of$12,569.39. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. i � 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 June 3, 2015 COUNCIL MEETING Date: June 17, 2015 Department: City Council � Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Meeting on June 3, 2015. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: �x No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, June 3, 2015 The weekly meeting of the Bremerton City Council was called to order Wednesday, June 3, 2015, at 5:00 PM IIl COUIICII COflf@feflCe ROOI71 603 Of th@ NORM DICKS GOVERNMENT CENTER, 345 6`h Street, Bremerton, Washington, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. Council Member Mike Sullivan was absent. Also present were City Attorney Roger Lubovich; City Clerk Shannon Corin; Legislative Assistant Lori Smith; and Kevin Matthew, Information Services Manager. A CouNci�BRiEFitvG was held to discuss General Council Business at 5:00 PM in the Council Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers. The Pledge of Allegiance was led by Council Member Leslie Daups followed by the invocation provided by Pastor Mark Adrian of Community of Christ at Memorial Lutheran Church. MAYOR'S REPORT—Mayor Patty Lent... • Brought forward several members of the Bremerton Central Lions Club who presented Parks Director Wvn Birkenthal and the City of Bremerton with a $500 check to be used for maintenance supplies by the volunteers who keep Lions Park clean and weed free; • Proclaimed Sunday, June 14, 2015as "National Flag Day'; which was accepted by Mick Hersev, Director of Programs, with the "Captain John Paul Jones Chapter of the Sons of the American Revolution" which serves Kitsap County and the Olympic Peninsula; • Announced that a free "Junk Furniture Round-Up" will be open to residents within Kitsap County for one-day only on Sunday, June 7 from 8:00 AM to 4:00 PM at the Olympic View Industrial Park; • Shared a photo of a recently installed plaque to recognize the dedication of a group of local pre- school students who care for the landscaped area at the corner of 11 th Street & Pacific Avenue; • Proclaimed Saturday, June 22—28, 2015 as "Amateur Radio Week'; and invited the community to participate in the American Radio Relay League (ARRL) Field Days to be held at the Silver Spurs Riding Club June 27 & 28; • Reported on the successful year for the Bremerton High School Golf Team, which included the first time two women from the team went to the finals; • Recognized the accomplishments of several members of the West Sound Technical Skills Center who volunteered many community hours on projects with members of VFW Post 239, including the renovation of the artillery at Hal's Corner in East Bremerton; • Highlighted the Valentinetti Puppet Museum located at 257 4'h Street where Curator Stanley Hess showcases the craftsmanship of generations of puppet artists; • Looked forward to a successful night for local businesses during the "Ladies Night OuY' event on Thursday, June 4 from 5:00 to 8:00 PM that will include a shuttle service between downtown and Manette, and goodie bags for all participants; and • Asked the public to play along with "Where's Aaron Carl McFadden?' by locating his photo during the First Friday Art Walk activities on June 5. PUBLIC RECOGNITION Jim McDonald first thanked the Council for their service, especially since he's sat in the seat, he is personally familiar with the amount of work involved; and secondly, thanked everyone involved at the City for all of their efforts on the Lower Wheaton Way Project, which he knows will make a huge difference for the citizens. President Wheeler also recognized the contribution of Bremerton's Transportation Benefit District (TBD) President Dino Davis by supporting this project through several visits to Olympia and meeting with State Legislatures. City Council Reg. Mtg. Minutes Wednesday, June 3, 2015 Page 2 of 4 Mavor Lent brought forward Marie Vila to present her with a Mayor's Appreciation Award in recognition of her 9-years employed with the City; and also welcomed Sarah Achaoui, recently hired as the new CDBG Administrator. Jim Nicolet, Public Information Officer with the Kitsap County Amateur Radio Club (KCARC) thanked Mayor Lent and the citizens for all the support they've shown to their Club; provided information packets to the Council Members; invited everyone to attend the "ARRL Field Da�' event the weekend of June 27 & 28, 2015 at the Silver Spurs Riding Club; as well as the "Hamfest 2015" in the Dance Hall at McCloud's Grill House later in the fall on Saturday, October 10 from 9:00 AM to 1:00 PM. Tvson Farlev, representing Eastpark Neighbors, with a large number of the residents also in attendance, expressed numerous concerns with Highmark Homes, LLC, and asked for the City's help to ensure the homebuilder meets their list of three (3) conditions. Andrea Spencer, Director of Community Development, established that there is open code enforcement against Highmark Homes. LLC, who have been notified that they will not be allowed to progress to Phase II until full compliance has been reached Phase I of the Development, including the open space and infrastructure issues raised by Mr. Farley and the Eastpark Neighborhood; but unfortunately progress has been very slow due to the homebuilder's lack of cooperation. A related e-mail from Bonnie Moore with the Asset Realty Group was also received and included as a part of the record on this issue. Karen Bevers, Public Affairs Officer with Kitsap County Public Health, informed the public that several beaches will be closed to shellfish harvesting due to biotoxin concentrations; and also reminded the public of the importance to always check the latest updates before harvesting shellfish. Mike Walton, Bremerton Family YMCA Marketing Director, reported on several upcoming events including the "Ride the Tide" paddle boat excursion that will be held as part of the Kitsap Peninsula Water Trails Festival, where participants will lease at 9:45 AM to paddle to Silverdale on Saturday, June 27 from Evergreen Rotary Park. There will also be a special outreach program for the "Y" held each week at the Thursday Bremerton Farmer's Markets. David Ravmond & Larr Pierce with the Washington Youth Academy, provided a briefing on the fundraising success of the 7 Annual Washington Youth Academy Motorcycle Ride & Show sponsored by Brothers Powersports as part of the Armed Forces Festival on May 18; presented Mayor Lent with an appreciation plaque for the support received from the City of Bremerton; and announced that the Commencement Ceremony for the 2015 Class of Washington Youth Academy graduates would be on Saturday, June 20 beginning at 10:00 AM at the Kitsap County Fairgrounds. CONSENT AGENDA 5A— Claims & Check Register: Check Numbers 363673 through 363881, and EFT-14949 through EFT-14993 in the amount of $2,471,106.54; Regular Payroll (Payout & Correction) for the pay period ending May 15, 2015 in the amount of $7,653.60; and Retiree Payroll for the pay period ending May 31, 2015 in the amount of $53,881.35 5B— Minutes of Meeting — May 20, 2015 5C— Minutes of Study Session — May 27, 2015 5D— Acceptance of Drinking Water State Revolving Fund Loan Agreement with the Washington State Department of Commerce for the Flow Control and Seismic Valve Project 5E— Acceptance of Drinking Water State Revolving Fund Loan Agreement with the Washington State Department of Commerce for the Reservoir No. 4 Cover Replacement Project 5F— Purchase and Installation of required Police Equipment by Systems for Public Safety, Inc. for five (5) 2015 Ford Interceptors City Council Reg. Mtg. Minutes Wednesday, June 3, 2015 Page 3 of 4 5G — Public Works Agreement with Lakeside Industries, Inc. for the Pervious Asphalt Parking Lot located at the Oyster Bay Public Works & Utility Facility 5H— Renewal of the Shelter Plus Care Agency Service Agreement with Agape Unlimited 5I— Resolution No. 3246 ratifying amendments to the Kitsap Countywide Planning Policies There were no questions or comments from the public... 06:12:25 Motion was made by Runyon and seconded by Daugs... Questions on Items 5D and 5E were asked by Runyon; with responses provided by Chal Martin, Director of Public Works& Utilities. 06:13:00 M/S/C/U (Runyon/Daugs) Move to approve the CoNSENT AGEN�a as presented. GENERAL BUSINESS 6A— PROFESStONAL SERVICES AGREEMENT WITH BERK CONSULTING TO ASSIST WITH THE 2016 COMPREHENSIVE PLAN UPDATE: Allison Satter, Senior Planner with the Department of Community Development, explained that the Departments of Community Development and Public Works & Utilities have selected BERK Consulting to assist staff with the 2016 Comprehensive Plan Update. The Consultant's main focus will be Environmental Review and updating the Transportation, Utilities and Capital Facilities Plan Element Technical Appendices for this periodic update to the Comprehensive Plan. BERK Consulting was selected following an extensive process. The request for proposals was issued on April 8, 2015 and was listed for 21 consecutive days in the Daily Journal of Commerce. The City received two (2) proposals and interviewed those teams. The selection committee consisted of Chal Martin — PW&U, Milenka Hawkins-Bates— PW&U, Paul Wandling — PW&U, Andrea Spencer— DCD, and Allison Satter— DCD. There were no questions or comments from the public... 06:17:40 Motion was made by Davis and seconded by Runyon; Comments were provided by Davis; and Questions were asked by Runyon, with responses provided by Ms. Satter... 06:19:16 M/S/C/U (Davis/Runyon) Move to approve the Professional Services Agreement with BERK Consulting to assist Staff with the 2016 Comprehensive Plan; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 66— ORDINANCE NO. 5277 AMENDING ORDINANCE NO. 5266 RELATING TO THE CITY OF BREMERTON FISCAL YEAR 2015 BUDGET: Caroline Tompson, Budget Manager with the Financial Services Department, explained that each year the City assesses its current fiscal year budget for any needed adjustments. Adjustments are recommended for the following reasons: to adjust the estimated beginning fund balances to actual, to account for unanticipated/unexpected conditions, to incorporate 2014 carryover items, and to adjust for previously approved Council motions/resolutions etc. The attached ordinance and supporting documents outlines the various reasons for the current proposed budget amendment. There were no questions or comments from the public... 06:20:45 Motion was made by Runyon and seconded by Davis; Questions were asked by Runyon, wifh responses provided by Wvn Birkenfhal, Director of Parks & Recreation Departmenf, Cathv Johnson, Finance Director, Mr. Martin, and Ms. Tompson... 06:24:18 M/S/C/U (Runyon/Davis) Move to pass Ordinance No. 5277 amending Ordinance No. 5266 relating to the City of Bremerton Fiscal Year 2015 Budget. City Council Reg. Mtg. Minutes Wednesday, June 3, 2015 Page 4 of 4 COUNCIL MEMBER REPORTS Jerrv McDonald welcomed the recently opened business "Quarters Arcade"; reported on the construction progress of "Wobbly Hops Brew Pub" and Kickstarter "LoveCraft Brewing Company"; and reiterated information on "Ladies Night OuP' to be held Thursday from 5:00 to 8:00 PM in both downtown Bremerton and Manette. Dino Davis re�orted that while meeting with a Callow Avenue constituent, he was reminded that the area around 6t & Callow has at least 10 restaurants with an international cuisine—all highly recommended, including the red velvet cake from McGavin's Bakery, a Bremerton institution. Rov Runvon invited the public to view the documentary "Do More with Less"followed by a Conversation about the Pacific Crest Trail hosted by Kitsap Sun Outdoor Columnist Seabury Blair, Jr. tomorrow night at 7:00 PM at the Admiral Theater. Tickets are $10 at the door and will benefit the Washington Trails Association and the Pacific Crest Trail Association. Grea Wheeler announced on Mr. Sullivan's behalf that volunteers are needed for the next Lions Park Clean-Up and Weed PuNing Party on Saturday, June 13 from 10:00 AM to Noon; and thanked the Central Lions Club members for their generosity. President Wheeler closed the meeting by announcing that immediately following adjournment of the Council Meeting, the Council would convene for an Exempt Closed Session to receive an "Update on Labor Negotiations" per RCW 42.30.140 (4)(b), and that no action was anticipated. With no further business, President Wheeler adjourned the Council Meeting at 6:33 PM. Prepar d and Submitted by: < < LO SMITH Legislative Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL G CITY OF BREMERTON CITY COUNCIL SUBJECT: Minutes of Study Session - Study Session Date: N/A June 10, 2015 COUNCIL MEETING Date: June 17, 2015 Department: City Council Presenter: Council President Phone: (360) 473-5280 SUMMARY: Attached is a summary of the City Council Study Session on June 10, 2015. � ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: ❑x No Presentation � Full Presentation STUDY SESSION ACTION: � 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, June 10, 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, June 10, 2015, at 5:00 PM, with Council President Greg Wheeler presiding. Council Members present were Eric Younger, Roy Runyon, Dino Davis, Jerry McDonald, and Leslie Daugs. Council Member Mike Sullivan was absent. Christine Grenier, Council Assistant, was present to provide staff support. President Wheeler emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; and announced that approved items by Council will be placed on the June 17, 2015 Council Meeting Agenda; or as indicated. A. NO PRESENTATION PLANNED— The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... 1. Professional Services Agreement with Eims Graham, P.S. for Legal Services Consent Agenda 2. Purchase of a 2015 Vac-Con Evactor Truck from Atlantic Machinery, Inc., through Enviroclean Equipment, Inc. for the Storm 8� Sewer Division of the Public Works & Utilities Department Consent Agenda 3. Award Supply Contract to HASA, Inc. for 12.5% Bulk Sodium Hypochlorite Solution for the Westside Wastewater Treatment Plant Consent Agenda 4. SR303-Manette Bridge Sewer Relocation Settlement Agreement between the City of Bremerton and the Washington State Department of Transportation Consent Agenda 5. Memorandum of Understanding between the City of Bremerton and the International Association of Firefighters Consent Agenda B. BRIEFINGS AND FULL PRESENTATIONS 6. Award Construction Contract for the Burwell Pedestrian Tunnel Repair Continued to Study Session on June 24, 2015 7. Contract Modification No. 1 to Professional Services Agreement with Fraser & Fogle Architects for Burwell Pedestrian Tunnel Project Continued to Study Session on June 24, 2015 8. Ordinance to amend Chapter 15.06 of the Bremerton Municipal Code (BMC) entitled "Assessments, Rates, Fees, and Charges"; and amend Ordinance No. 5265 relating to Water, Wastewater, Stormwater, and other related services Continued to Study Session on June 24, 2015 9. Briefing on "Historic Preservation Options" — Kelli Lambert, City Planner, Department of Community Development Information Only � Council recessed from 7:34 to 7:43 PM... C. GENERAL COUNCIL BUSINESS o Public Works Committee Briefing (6/2/15 Meeting) —Vice Chair Dino Davis o Public Safety & Parks Committee Briefing (6/10/15 Meeting) —Chair Leslie Daugs o Other General Council Business was briefly discussed. City Council Study Session Minutes , Wednesday, June 10, 2015 Page 2 of 2 D. EXECUTIVE SESSION , 30-Minutes to discuss Potential Litigation allowed under RCW 42.30.110(1)(i) With no further business, President Wheeler adjourned the Council Study Session at 8:42 PM. Prepared and Submitted by: _ • CHRIS INE ENIER Council Assistant Attest: SHANNON CORIN, City Clerk GREG WHEELER, City Council President GW:SC:Is:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Study Session Date: June 10, 2015 Agreement with Eims Graham, P.S. for legal COUNCIL MEETING Date: June 17, 2015 services Department: City Attorney's Office Presenter: Thelma Swem Phone: 360-473-2345 SUMMARY: The City Attorney's Office employs outside legal counsel to assist in the representation for the City of Bremerton in specialized areas. Eims Graham, P.S. provides specialized legal representation relating to workers' compensation issues. The proposed professional services agreement retains Eims Graham, P.S. to provide legal representation on an as-needed basis. ATTACHMENTS: Proposed professional services agreement FISCAL IMPACTS (Include Budgeted Amount): Funds are budgeted annually in the Risk Management Fund for professional services. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the professional services agreement with Eims Graham, P.S. 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 Eims Graham, P.S. ("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 matters related to workers compensation and other municipal government services as directed by the City Attorney. II. 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 hourly rates for services as follows: $220.00/hr. for partner and senior associate attorneys; $205.00/hr for associate attorneys and $95.00/hr. for paralegals. 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 Attorney's Office verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for enors 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 City Attorney 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. The City may terminate representation at any time, with or without cause upon written notice to Retained Counsel. Retained Counsel reserves the right to withdraw from representing the City if fees are not timely paid, or for any other appropriate cause. VI. General Conditions: A. Reports and Information: When requested by the City Attorney or a Bremerton Assistant Attorney, 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 A. Lubovich, City Attorney Eims Graham, P.S. City of Bremerton 600 Stewart Street, Suite l 500 345 Sixth Street, Suite 600 Seattle, WA 98101 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 ter►ns or provisions herein, each party shall pay all its own costs and attorneys' fees. CITY OF BREMERTON EIMS GRAHAM By: Roger A. Lubovich By: Michael P. Graham Its: City Attorney Its: Vice President Date: Date: APPROVED AS TO FORM: Roger A. Lubovich, City Attorney � R:\l,egal\Legal\Contracts\RISK\2015 Eims Graham PSA.docx 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of a 2015 Vac-Con Study Session Date: 6/10/15 Evactor Truck for Storm Sewer COUNCIL MEETING Date: 6/17/15 Department: PW&U Presenter: Jim Orton Phone: 473-5359 SUMMARY: The approved 2015 budget shows a replacement in Storm/Sewer division of a 2000 2100 series vactor. After considering three manufacturers staff recommends purchase of a 2015 Vac-Com evactor truck as the best overall value for the city. The total cost of this purchase is $496,302.07 including Washington State sales tax. This purchase will utilize NJPA contract 022014- AMI. The authorized dealer is Atlantic Machinery, Inc. of Silver Springs, MD. The authorized selling dealer is Enviroclean of Lakewood, WA. The replaced vehicle (2000 2100 series vactor) will be traded in on this purchase and removed from the fleet. ATTACHMEIVTS: 1) Copy of quote from NJPA Contract 022014-AMI FISCAL IMPACTS (Include Budgeted Amount): Budgeted within the 510 fund at $500,000. STUDY SESSION AGEIVDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of a 2015 Vac-Con from Atlantic Machinery, Inc., thru Enviroclean Equipment Inc., of Lakewood, WA in the amount of$496,302.07 which includes Washington State sales tax. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 ' � � � • ' ' • ' • • 5/26/15 COMBINATION JET/VACUUM SEWER CLEANER NJPA CONTRACT: 022014-AMI Customer: CITY OF BREMERTON Shipping: WASHINGTON Partici atin Dealer: ENVIRO-CLEAN EQUIPMENT Re uirement S ecification Combination jedvacuum sewer cleaner with all standard equipment V312E/1500 Freightliner Mode 114SD with 450 HP Diesel Engine Chassis 6 x 4,Allison 4000 series Auto transmission and Air conditioning Body mounting on Chassis 10'Aluminum Telescoping boom with joy stick and remote pendant control(telescopes hydraulically 10'forward from the stowed position)-8" diameter intake hose and boom,travel tie down post with latch,270 degree boom rotation Front Articulating hydraulic hose reel with 800'X 1"Jet Hose capacity(swings 3'out beyond side of truck chassis) with manual hose rewind guide 1500 Gallon polyethylene water tank capacity with ]0 year warranty l2 Cubic yard capacity debris tank 3/16"corten steel,(5 year warranty) with full opening rear door(minunum 50 degree debris tank dumping,power up and down Automatic vacuum breaker(prevents operation when full and contains debris when moving unit)and overfill protection 800'of 1"x 2500 PSI jet hose supplied by local dealer Auxiliary engine(water pump operation) 185 HP,6 cylinder diesel 3-Stage centrifugal compressor creating 200"vacuum and 0-8000 CFM with cyclone separator,no exceptions Hydraulic tail gate door latches with hydraulic door grabber and safety latch Hydrostatic drive of vacuum system with pump upgrade Fronttow eyes Giant water pump rated 80 GPM @ 2500 PSI with smooth continuous pressure Page 1 of 4 Re uirement S ecification Built in body prop Debris body inspection hatch, 8"with steps and handle Electric vibrator Hydraulic rear door opener Rubber pad on standard deflector 1/4 turn ball valve water drain assembly 50'Retractable hand gun hose reel with hose Air purge system Auxiliary engine driven hydraulics Debris body power flushout system Variable flow valve Water pump remote oil drain Automatic power guide level wind with electronic footage counter Automatic lube kit for centrifugal compressor Automatic lube kit for Vac-Con module Auxiliary engine remote oil drain Grease assembly for articulating hose reel Rear mounted tow hooks Remote boom grease zerk assembly Remote debris tank grease assembly Hand held spot light ICC-LED lighting package LED 4 strobes,2.front bumper,2 rear bumper LED Arrow Board rear mounted LED Boom mounted flood lights Page 2 of 4 Re uirement S ecification LED flood light-level wind guide LED rear mounted flood lights Two mirror mounted LED strobe lights with guards Back up alarm Low water alarm with light Omnibus-2 Electronic Controllcr system Wircless remote control system Vacuum breaker over-ridc switch Cam locks for rcar drain hose 50'retractable hand gun hose reel with hose 6"air actuated knife valve in lieu of butterfly valve for rear door Three 8'x 8"Aluminum tubes Back up camera system Hydro-X plus lateral cleaning kit combined with 200'electronically controlled hose reel Vac-Con paper manual Additional pipe rack Folding pipe rack(3)tank mounted curb side Folding pipe rack(3)tank mounted driver side 20'6"aluminum intake pipe(1 -3', 1 -5', 1 -6'and 1 -6.5'catch basin nozzle) Two roll out shelves foc behind cab tool box Storage box behind cab 16"x 42"x 96"in addition to standard 8"Adjustable air gap tube Four additional quick clamps Air seat,passenger Heated motorized mirrors Page 3 of 4 Re uirement S ecification Remote chassis engine start switch Hydraulic propulsion Two standard ENZ nozzles,one sanitary(egg)and one Chisel point penetrator ICC lighting Hose guide(tiger tail)for hose protection,hydrant wrench,25'of fill hose 20 gpm @ 600 PSI wash down system with hand gun and 25'of'/2" hand gun hose Paint:Body unit:TBA Stripes:WHITE or BLUE Local dealer pre delivery and inspection On site customer training Consignee Delivery TOTAL DISCOUNTED CONTRACT PRICE $490,323.00 TRADE 1N: 2000 Vactor 2100 sewer cleaner ($35,000.00) TOTAL PRICE AFTER TRADE IN $455,323.00 SALES TAX $40,979.07 TOTAL PRICE WITH TAX $496,302.07 Delivery is Days after receipt of order. NJPA CONTRACT NO 022014-AMI VENDOR: ATLANTIC MACHINERY,INC 2628 GARFIELD AVE SILVER SPRING,MD 20910 301-585-0800 CONTACT: M.J. DUBOIS EMAIL MJDUBOISnATLANTICMACHINERYINC.COM Page 4 of 4 AGENDA BILL CITY OF BREMERTON ' � CITY COUNCIL SUBJECT: Award of 12.5% Bulk Sodium Study Session Date: 06/10/15 � Hypochlorite Solution Supply Contract for COUNCIL MEETING Date: 06/17/15 the Westside WWTP Department: PW&UMIWTP Presenter: Pat Coxon Phone: 360.473.5448 SUMMARY: Four proposals were received in response to a request from the City for furnishing 12.5% bulk sodium hypochlorite to the Westside 1N1/VfP. HASA INC., Longview, WA submitted the lowest responsive proposal at $0.815%gallon delivered, which includes freight and taxes. This award to the supplier will have firm pricing for a period of one year, from the time the proposal agreement is signed. ATTACHMENTS: 1) Sodium Hypochlorite proposals from HASA Inc.; 2) JCI Jones Chemicals Inc.; 3) Northstar Chemical; and 4) Univar BCS FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP Operating Supplies budget of$350,000.00. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: � Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the proposal to purchase bulk 12.5% sodium hypochlorite solution for a period of one year from HASA Inc. at a cost of$0.815 per gallon delivered and authorize the Wastewater Manager to make these purchases on an as needed basis. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07l15 Patric Coxon From: Mary Flynn <maryflynn@hasapool.com> Sent: Tuesday,May].2, 2015 12:46 PM To: Larry Willman Cc: Patric Coxon Subject: FW:City of Bremerton WWTP 2015 Chemical Proposal Attachments: 106 - Hasa 12.5%Sodium Hypochiorite Solution{GHS SDS).pdf Good ARernoon,Larry and Pat. As a clarification of the�rst and second sentences in my message below,our price is $0.815 per gallon delivered. I intended that my next sentence...This includes delivery....would confirm the total delivered price. Please let me know if this prope�ly defines , v�r commitment. Thanks,Mary From:Mary Flynn Sent:Thursday,May 07,20151:24 PM To:'Larry Willman' Cc:'Patric.coxon@ci.bremerton.wa.us' Subjed:City of Bremerton WWTP 2015 Chemical Proposal Good Afternoon,Larry and Pat, Hasa Inc. is submitting our proposal for bulk delivery of 12.59'o Sodium Hypochlorite,estimated 150,000 annual usage at $0.815 per gallon. This includes delivery only ta City of Bremerton WWTP, 1600 Qyster Bay Ave S., Bremerton,WA 98312. Offer is firm for one year from date of agreement and includes all transportation. Subject to any applicable state, county or city taxes. We offer no bid for 38%Sodium Bisulfite and 50°1�Membrane Grande Sodium Hydr�xide(liquid caustic soda) at Oysier Bay. We offer no bid for mini-bulk deliveries for all Odor Control Stations including 2100 12st St., (at Ivy Green Cemetery), 200 High Ave.,(at corner of Gregory and High)and 1730 Park Ave.(at CE-1}. We comply with all specifications in your Chemical Proposals letter April 21,2015. Attached per your request is SOS q 206 for 12.59'o Sodium Hypochlorite. Please confirm receipt of our bid and send bici results to my attention at add�ess below. Thank you for your consideration. Mary Flynn V.P.Sales Administration Hasa{nc. 23119 Drayton St. Saugus,CA 91350 marvflvnn anhasanool.com Phone: 861-259-5848 Ext.5405 Fax: 661-259-'f 538 i •;�� r ' `�.. .4. �'"'� '"�"'�. ,�' "-." .�41, � � � �; 50`h Anniversary of Quality&Service 7he contents of this email message, including any attachments, are intended sole�y for the use of the person or entity to whom the email is addressed. It contains information that may be privileged and restricted f�om disclosure. If you are not the intended recipient of this message, be advised that any dissemination, distribution,or use of the contents of this message is strictly prohibited. If you received thls email in error, please contact sender by reply email. Please also permanently delete all copies of otiginal email and any attached dacumentation. Thank you. 2 Patric Coxon From: Michelle Trammell <mtrammell@jcithem.com> Sent: Monday, May 12,2015 2:56 PM To: Larry Wiliman Cc: Patric Coxon;James Groh Subject� RE:1Q 2U15 LTR Importance: High Hi Larry, JCI jones Chemicals,lnc.is pleased to bid the following for the City oF Bremerton's 2015- 2U16 Chemica! Proposal: � 12.59�6 SODNM HYPOCHLORI'fE:$0.815/gal +WA Haz Substance Tax ($0.75/gal +8.7%Sates Tax(4800 gal deliveries)) 509�6 MEMBRANE CAUSTIC SODA:$2.66/g {$2.45/gal +8.7%Sales Tax (1000 gal deliveries)) Please note these bid prices are for the Wastewater Location ONL Y. Let me know if you have any questions. We appreciate the opportunity to bid for the City of Bremerton. Thank You, MicheUe Trammell Offi�e Manager&Sales Coordinator 1919 Marine View Drive Tacoma,WA 98422 (253) 274-0104/ph �.... �. .e,� __.... .,._._.,_..._.�_..a...�...__...�.....�.....� _..__..._._._._._._..._,,...�...:......:...�...._.a.w....M..,_�r�............,_..._._.�_�.__�.�____.__ �rom: Larry WiNman[e�aaflta:Lam►.Willmanf�a ci.brem�rton.wa.t�l Sent: Monday, May li, 20i5 1:42 PM To: Michelle Trdmmell Cc: Patric Coxon Subject: RE: ]Q 2015 LTR Michelle, a . : .:_/�'o�fl�s� May 5,2015 Pat[oxan Wasterwater Manager City of Bermerton Bremerton.WA Dear Pat, Thank you far the opportunity to quote on your 2015 chemical requirements.Our pricing will be as fallows: sio PRre�s Sodium Bisulfite 38�: $2.27 per gal Sodium Hypochtorite(large buik>2000ga1): $1.13 per ga! Sodium Hypochlorite(mini bulk<2000ga1): $2.14 per gal 5096 Sodium Hydroxide: • Fo�deliveries>3500 gal: $2.53 per gal o For deliveries<3500 gal: $3.41 per gal 7he above prices will be firm for the agreement year. SDSs€or all three products are attached. Please let us know if you have any questions whatsoever and again,thank you for the opportunity. Best Regards, //CDBd� ��e:/r.Q/1. Ross Fletcher Northstar Chemical Unlvar USA Ine. w �o,S.z,�h V Kent,WA 98032•1994 �SA V fllV/�R T 253-872-5000 F 253-572-5041 www.univarusa.com May 7,2015 , City of Bremerton WWTP 1600 Oyster Bay Ave S. Bremerton, WA 98312 RE: Sodium Hypochlorite, Sodium Bisulfite and Sodium Hydroxide Proposal To Patric, Univar USA Inc. is pleased to offer the following price quote in response to your request for pricing on: Sodium Hypochlorite, Sodium Bisulfite and Sodium Hydroxide. CHEMICAL QUANTITY ` BID UNIT MIN.ORDER COMMENTS PRICE REQUIREMENT? 668469 CausNc Soda�0°l0 16,000 Gal $4.934 GL I,000 gal Price includes Diaphragm Grade-NSF Delivered tax rate of 8.7% a roved 668470 Sodium Bisutfite 12,400 Gal $2.989 GL 1,000 gal 38% Delivered Price includes Tech Grade tax rate of 8.7% 564746 Sodium 150,000 gal $1.326 GL 1,000-2,000 gal Price includes Hypochtorite 12.5% Delivered tax rate of 8.7% Tech Grade-NSF a roved 664746 Sodiam 3,500 gal $2.467 GL 280 gal Price includes Hypochlorite 12S% Delivered tax rate of 8.7% Tech Grade-NSF a raved Please see the attached MSDS, for you to review. Price is firm for a year. We will be able to deliver to all sites listed in the bid. For split loads there is a$75.00 charge. If you have any questions, please feel free to contact us at(253)872-5000. We look forward to hearing the results. Sincerely, ,Je+r��er�erra� Municipal Specialist Western Region Univar USA Inc. P—(253)872-5000 F--(253) 872-5041 muniteam-west(a?,univarusa.com www.univar.com ' Please Nate: Seller shall indemniiy Suyer for losses ta the extent caused by Sellers negligence or breach of contracl. Neither party is liable for inadental or consequential damages. Seller's liability is limited to the purchase price of the goods. SELLER MAlCES NO WARRANTY OF MERCHANTABILITY OR FITNESS F�R A PARTICULAR PURPOSE. Please Nate: Where applicable,any State,Federal or other appropriate taxes andlor the Califomla Mitl Assessment wilf appear as 5eparate line items on any invoices from Univar.If UnivaPs offer(pricing)was inclusive of these charges—they will be backed out of the"product"line item and shown as their own line item(s)at the time of biNing. Please Note: Cooperative Purchasing/Contract Piggy-Back Clauses:Unless othervuise checked"yes"within the attad�ed offer,it is Univa�'s standard policy NOT to agree to/participate in Cooperative Purchasing but rather to work with each ind{vidual agency and reach a pricing agreement that is based on their needs and is advantageous for both parties. Unless otherwise noted within ti�e atlached offer—pricing within is only applicable for lhe IocaUons(and any potential location5)li5led wilhin these bid documents. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: SR303-Manette Bridge Sewer Study Session Date: 6/10/15 Relocation,Settlement Agreement with COUNCIL MEETING Date: 6/17/15 WSDOT Department: PW&U Presenter: Ned Lever Phone: 473-5758 SUMMARY: A legacy issue associated with the construction of the Manette bridge has been the improperly-constructed sewer line adjacent to a pier on the Manette side of the bridge. This sewer line resulted in a backup in 2012 which released sewage into Port Washington Narrows. Public Works and WSDOT staff have worked over the past three years to come to an agreement and move forward. We believe it is reasonable and best for the City to make the repair, as sewer repair work is not a WSDOT area of expertise. At issue has been the monetary value to assign to the repair risk. Mayor Lent stepped in with a best and final offer, which WSDOT accepted. The attached agreement formalizes the settlement. ATTACHMENTS: Settlement Agreement FISCAL IMPACTS (Include Budgeted Amount): Neutral or positive. We believe we can make the sewer line repairs within the $250,000 settlement amount. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Manette Bridge Sewer Settlement Agreement with WSDOT 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 f GCB-2102 � SR 303/Manette Bridge Sewer Relocation Settlement Agreement � This Settlement Agreement is made and entered into between the WASHINGTON STATE,Department ' of Transportation,hereinafter the"State,"and the City of Bremerton, 345 6th Street, Suite 600 �, Bremerton, WA 98337,hereinafter the "City." � WHEREAS,the legislature deleted portions of SR�303 from the state highway system pursuant to RCW 47.17.555 in 1992;however,the legislature made the State responsible for the structural maintenance, repair,and replacement of the Manette Bridge's substructure,superstructure,and roadway deck puisuant. to RCW 47.17.960,and , _ � WHEREAS,the State had a construction project to replace the Manette-Bridge within the City corporate �limits,entitled"SR 303/Manette Bridge Bremerton Vicinity—Bridge Replacement,"hereinafter the� ..��t��,�d . . � . WHEREAS, it�was discovered that a City-owned sewer line conflicted with the construction of the Project,requiring relocation ofthe sewer line,and WHEREAS, the State relocated the sewer line as part of the Project at State expense by constructing a new sewer line(Sewer Line)in a different loca.tion,and . WHEREAS, after construction, the Sewer Line profile had multiple sags which has the potential to reduce capacity,increase the incidence of blockages, and require higher than normal maintenance, and WHEREAS, the City has agreed to accept the Sewer Line in its present condition��as constructed by the Stafe and to release and indemnify the State from all future responsibility for the operation, maintenance, repair, and replacement of the Sewer Line, if the State will pay the City Two Hundred Fifty Ttiousand($250,000.00)dollars,and WHEREAS, the cost to correct the Sewer Line profile would exceed Two Hundred Fifly Thousand ($250,000.00)dollars,and VVHEREAS,the State agrees to pay the City the agreed amount in exchange for the City accepting the Sewer Line in its present condition, including accepting the sole responsibility for the operation, maintenance, repair and replacement of the Sewer.Line and in full settlement of any and a11 present and future costs or damages caused by the State's construction and relocation of the Sewer Line; � ' NOW, THEREFORE, pursuant to Tide 47 RCW, the above recitals that are incorporated herein as if fully set forth below, and in consideration of the teims, conditions, covenants, and performances contained herein,and Exhibit A,attached hereto and made a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: � . GCB 2102 Page 1 of 3 . � 1. � GENERAL � 1.1 The State agrees to settle all Project unpacts to the Sewer Line, including its construction and . relocation,by making a one-time Settlement Payment of Two Hundred Fifly Thousand Dollars , ($250,000.00), as shown in Exhibit A,to the City. 1.2 The City agrees to accept Two Hundred Fifty Thousand Dollars($250,000.00)from the State as full and complete settlement and compensation for all present and future Project impacts to the Sewer � Line, including its construction and relocation,and to assume at the Gity's sole cost and expense all responsibility for maintenance,operation,repair,and replacement of the Sewer Line in its current condition. 2. SETTLEMENT PAYMENT 2.1 Within thirty(30)calendar days from the date of execution of this Settlement Agreement,the , State will make a one-time lump sum Settlement Payment of Two Hundred Fifty Thousand Dollazs ($250,000.00)to the City in full and complete settlement and compensation for all present and future Project i�ipacts to the Sewer Line,including its construction and relocation. - 2.2 Upon the City's receipt of the State's Settlement Payment of Two Hundred Fifly Thousand Dollazs($250,000.00),the City releases the State from any and all costs or claims,present and future, for compensation'due to the construction and relocation of the Sewer Line as part of the Project. � Further,the City agrees to and shall accept the Sewer Line in its present condition upon receipt of the Settlement Payment and shall also accept;at its sole cost and expense,all responsibility for the � operation,maintenance,repair, and replacement of the Sewer Line. 3. � TERM OF AGREEMENT � . 3.1 The term of this Agreement shall commence on the day and yeaz this Agreement is fully executed and shall continue until the City receives the State's Settlement Payment. � , 4. MODIFICATION � . � 4.1 No modification of this Agreement is valid unless evidenced in writing by amendment to this Agreement and signed by both Parties. No verbal agreement may supersede,replace or amend this Agreement. . 5. VENUE • . 5.1 In the event that eithei Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement,the Parties hereto agree that any such action or proceedings sha11 be brought in Thurston County Superior Court. Further,the Parties agree that each will be solely responsible for payment of its own attomey fees,witness fees, and costs. 6. INDEMNTFICATION . 6.1 The City sha11 protect,defend,indemnify,and hold harmless the State and its employees and authorized agents, while acting within the scope of their employment as such, from any and all costs, claims,judgments,and/or awards of damages(both to persons and/or properiy),arising out of,or in any GCB 2102 . Page 2 of 3 � way resulting from,the City's obligations to perfoim the operation,maintenance,repair or replacement ' of the Sewer Line pursuant to the provisions of this Agreement. ' 6.2 The City further agrees to release, defend, indemnify and hold hatmless the State from and against any and all claims,causes of action,demands and liability including,but not limited to; any costs, liabilities,damages,expenses,assessments,penalties, fines, losses,judgments and attorneys' fees associated with the remqval or remediation of any hazardous substances that have been released,or otherwise come to be associated with the relocated Sewer Line. . 6.3 Section 6 shall survive the termination or expiration of this Settlement Agreement. � 7.AUTI�ORIZING SIGNATURES 7.1 The persons signing this Settlement Agreement watrant that they have the respective power and authority to execute and bind their respective Pariy to the terms and conditions of this Settlement Agreement. IN WITNESS VVHEREOF,the Parties hereto have executed this Settlement Agreement as of the Party's date signed last below. ' CTTY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: By: Pariy Lent,Mayor . Kevin J.Dayton,Region Administrator Date: Date: � APPROVED AS TO FORM APPROVED AS TO FORM � By: � By: . _. City Attomey Ann E. Salay, Senior Counsel � � ' Date: Date: S��2D/;S� , GCB 2102 Page 3 of 3 � = R�-pt;i y�- _�_ ,._ _i -- - _ � . �,' � "�; �I �- �4 � .. l.� ..�._ -Y-=�,r�:� - i � :�•� i•:_:;' � _ � �= _ �,�--_,_�"�::��-�.. � ',...: `�' -- --- -- .�':__�:..�.��=��-=� . �ayor Patfy Lent , , _ . ��FTM�,a}�l�r��t�anv.�+� -nr•is:.t" . s� ' '�'�t�.!n:L` ._�y.L��'�:r' �. 7{l#� ` �qrr�iti�R�A4i36�1673 December 98,2014 Mr.Nes{�ampbeN Locel Programs Engine�r ' Washington State Department of Transportation Olympic Region PQ Box 47440 Olympia,WA 98504 . . RE: Manette�ridge Beach Sewer Replac�ment-Revlsed Setttement Offer Dear Mr.Campbeil, � t want io thank you and the�lI/SDOT Olympic Region staff for your continuing efforts to wo�c with the City to resolve fhis important issue. Most recentlyr,your meeting with our stafF on Tuesday� December i6'"at qour Port Orchard offices was much appreciated. As you know, our staff continues to be�ery concemed about the sewer line: the continuing risk of leaving it unrepaired, and also the significant risk involved in repairi�g it. We recognize that both parties would like to settle thts issue so�that(t can be put behind us. Therefore, in a final effort to resolve this issue,we propose the following: , • Breme�ton will immediately process an amendment to GGA-&t58, and process for payrnent the oufstanding batance oi$4�fi79,04. � • Bremerton wili submit for payment any remaining charges against GCA-6463 so that hls agreement can be ctosed out. � . t�� . � . • � o t d .� l,�t ag� . Thank you in adv�nce for your consideration of this settlement offer. Respectlully, � � Pa L t Mayo GCB 2012 Exhibit A p��e � AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Memorandum of Understanding Study Session Date: June 10, 2015 Between the City of Bremerton and the COUNCIL MEETING Date: June 17, 2015 International Association of Firefighters Department: Legal/HR Division Presenter: Charlotte Belmore Phone: 473-5926 SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the City and the International Association of Firefighters (IAFF) resulting in the attached Memorandum of Understanding. ATTACHMENTS: Memorandum of Understanding between the City of Bremerton and the IAFF and the 2015 Salary Schedule. FISCAL IMPACTS (Include Budgeted Amount): The fiscal impact of approving the Memorandum of Understanding between the City and IAFF is estimated to be $238,631. A budget amendment to the 2015 budget in the amount of$238,631 will be required to fund the Agreement. STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Memorandum of Understanding between the City of Bremerton and the International Association of Firefighters contingent upon ratification of the agreement by IAFF Local 437; and authorize the Mayor to finalize and execute the Memorandum of Understanding with substantially the same terms and conditions as presented; and make the necessary amendment in the amount of$238,631 to the 2015 budget. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/25/13 MEMORANDUM OF UNDERSTANDING This memorandum of Understanding (M.O.U.) is agreed upon pursuant to the Labor Management Article of the Collective Bargaining Agreement (C.B.A.) between the City of Bremerton (City) and the International Association of Firefighters Local #437 (Union). The Memorandum of Understanding covers the period of January 1, 2015 through December 31, 2015.The City and the Union agree to the following: 5.1 Effective January 1, 2015, wages shall be as identified in Appendix A, which reflects a 2.5%increase over 2014 rates. 5.14.1 The City shall match the payroll deduction of any written request by an employee covered by the Agreement in an amount not to exceed four point seven five percent(4.75%) of salary. 8.1.1 Effective July 1, 2015 all employees shall receive a one-time addition of twenty four(24) hours of vacation added to their vacation balance. 10.5.4 This provision shall not apply to any LEOFF I bargaining unit members and will only apply to eligible LEOFF II members. The WSCFF MERP plan is established in accordance with applicable federal and state regulations. The $45.00 deduction shall be made on a pre-tax basis on behaif of the employee to the WSCFF MERP. The monies contributed to the plan shall only be used for retiree health insurance premiums or health care expenses. These contributions shall be included as part of salary for the purpose of calculating retirement benefits.The City will contribute $30.00 per month to the WSCFF MERP for each eligible LEOFF II bargaining unit member, and the employee shall contribute $45.00 for a total of$75.00. In addition, beginning January 1, 2015 through December 31, 2015 the City shall contribute$25.00 per month per employee into the MERP. 12.1 MEDICAL INSURANCE: The City shall make medical insurance coverage available to employees and their dependents and provide for payment of insurance premiums as follows: City of Bremerton Self-Funded Plan B for Employees, spouses and dependents; Group Health for Employees, spouses and dependents; or equivalent or better coverage The transition from Plan "A" to Plan "B"for the employee should be accomplished as soon as possible. Page 1 of 2 � This agreement is entered into on the day of , 2015 Rob Ashmore, President Mayor Patty Lent Brian Viergutz,Vice President AI Duke, Fire Chief Alex Magallon, Secretary-Treasurer Charlotte Belmore, Human Resources Mgr. Page 2 of 2 ' . . _ APP.ENDIX A=IAFF SAI:ARY S(.'�DULE � . . . . . : . . _ . Ddad � . . � ' � 'F,BaodNel:l?lJlol�3/-IS . . ' . . - 237G c.�,�wa��e'� . :� stiwv�..ir.�. s�a s r+s w�� •ays� I , ; �ow t �sw x so% � ioo� i s s � - � � ; . . 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"-. --.-- ShiR/0vatlme' N/A N/A N/A � � •N/A - -- 61.53+ 62.30� 63.07�� 63�841 6q 61� �53� �45t .. . .. - ... -_'-�.�_..--_ - "'-- �---^---�--_ _-_ t30�. S�i-MoDefComp� N/A N/A TUA - � ---W/A ..•- -175.571 �. .----- -T 65 66 �++�-�:wr e¢- � e- .'.,,.t�. --- - - -- 177J6 179.%i . .__182 IS:- -� �184.75� 186.98� 189.61! . . .. ._. . . - �'�--�•-��'-�-;---- -S ' �+ S � a $p4 3 -�e�S- . ---�-+�-+.- �P aP s $up 5 g�g - . .. . .. � - -- '- -S��P�, , 3�=.. ._. �3. , 9ecQ 1 BteCS +I.iSX +131f. ' +3.73X +S% +6.3% +/!i � --`-- _ _ Amual� N/A PUA WA N!A _. _. ]07�n!_76! �109_11888f _ 110�466.OD! 111.81312�( 113,160.7A' 114,776.88:-- �116,393.52• - -. ._...__. �- -�- - __.'.�...__.�.........._ --�-- - ---� .._. _.� . . ._...... .. __ . _... MouthlYl N/A... IV/A N/A I�YA $9E098� 9�093 .y4...1. _ 9.105.50; _ 9�317.76�_ 94�_3002%� 9,56474� 9.699.46� -----'.�-....._ � _..,._. .- -•--" '--- �._..._ . .. . Smn-Mact�lY! N/A N/A pi/A _ . N/A d,490.�9 �5lS 4,602.73i q:65888� �7�1501� �.782.77� 4�849.731 .._ .. . . .- ---- -. ._ .._.--.-•-..�_-- �..__- _- --"' ' __ • __ , .,. . ._.. __ ----. - .-. - --N�Hwrly, _N/A , _ _N/A --- WA N/A 51.81� -- •52_46; 53�11� 53.76� S4A0� 55.1l1 55.96! __.__ NonSmftWat�e� TUA N/A N/A N!A - . _ _T7,72� 76.69� � - 8297r '. -.-`.- - � - --... . . - - - -.-. ..._._.._......�__ _�.� . ...- 796��• g"pGqr ' - . ,,.._ -. .'- .---'- ---------..... . ..._ ..�f.. -�" . ShiRAiour�l! N/A N/A ' N/A N!A 41.97� 42491 43.02�._�.- �3.34i qjp�/I - . , .----- -- --� -� -' -- . . ._ .._._�.._ . _.. _._� .--- � •� 8 .V.O 8541� - __�.�._. .._ �. _._.-- - -.. _..'-.. . 447 �...__ __. 3hiB/Ovalime PUA N/A N/A N!A 62_95+ -" - _ _ _ --. - -�--- � ._._.. ._.. _. ... . _ .. __.�,._.,._. ......_--• --- - • 4 32 _ 63.79: 64.52� 65.71� � 66.10. 67.04� 67.99� �37s: Semi-MoDefCo�f N/A ' - -NJA - N/A lVlA -- �179.62 •]81.86! �184.1�' 18636i ��18L60i 19120� 193.99� - � -• -: . - a:i` '- -- -- - BCS ,B�a G�id -.._e0_.. '- -'e� 9hP .. �8 � Smp S +1.25% • +iSli +3.7�5% � i6.3% 5 .. .r�. - .-.�--r�-.�+_s---�+a�na� r .___ s----.. ..�i�.. . . . __. ___ s� 1 ae x s � s�v seas s s s � .. --� -- ---- �_.�.._ . __ Aamul' N/A N/A 1V/A N/A 110,202.72 Il1,SS0.32� 112,957.68� 114,33528!- 113.712.b8' 117,366.Op� 119.018.98� . . __ . .. . _...�_. _ .� �- . ._ ._.__.. _ � -.-- ..- ---Z!�' _WA , N'/A _ -PUA - . .Wjp - - -9,183 56 9,298.36e -'9,417.11�----9.527.91� �'9,6027s� • _ ...,� " . - -- . _ _ . . __..�"M�„°!�'� N/A WA N/A -N/A'- 4.591.78` 4,649.18i 4_706~.57! . 4,963.97� - -4`821.37� 9023 -- �� ,..._...... __ _.��. _ ..._ __.__, . _ _ � ,,,,,IB Non-ShiflH . - _ ----� ---- - •- . .. . . r 959. .--- N/A TUA N/A IV/A • ----52�% S�.Wi ^-- %.71? 5497; 5563 643! 4"957.22t • -- - . _. .__�...�� __. __ ..�_. _ _.. _.___�_. .___._ � ._ _ ...._..:.._ . •-'- -- Noo-ShiftOvatime�i N/A N/A I�/A N/A 79.47� l0.46' 81.47� .'T . � • ' S . . _...�..---��-� ------�----�� ---,_ ._.___...__.._.._ ..._ _._, .�.. � - �----..__.. . �_ .. ._ . 8206i 83.45: 84.65! 85.83! ,..._ _.�. ..._�_ �'� -- -- ----� ShiAlHwv TUA N/A N/A WA 4291� 43.45 47.99• M.S'2; 45.06� 45.70 4635' _ -- ------- - - ---' - ^- - ---- - - .__.� _ - � SmR/Ownitoe N/A _..PUA_ _,_N/A TUA G4.37� 65l�1!'- �-- �65 98; ..._. 66.78t� 67.59� 68 35� 69.52� . . . ..... _---..'-'__-...- ---"�'-....�_ -'�- .- _ - .._. .�.. _, . 136Y. Se�MoDefComPr� 1'U�'_ .�. WA N/A �183�67� --. -. 185.97' 188.26 -.--� 19D�.36i 192.85� 195.61i 198.36� -'-'-----.... - , �----"'--- .- . ' �. BNS !Battaliou CLid-'t�ainto ao-ShIR g� _ ��g _ ..�,�,•��•., � -� 'S s S • . �P kP �P __._. _..._._...__.__..._._ . __.6SN.._._.) ` _ 8tep1 _,SteP2 ., _ saP3 54�� gtep5•--• +1.13K ' +E.3% +3.7�% +3SL +6.3% +!% _._._. ._,. . . -- -._.. . _Aomut 1V/A � N/A N/A �_ TUA 115,064.64; 116,SQ2.%� 117,941.28� .�.119.379.60- 120.817.92 l2?.�547.76 17A,269.84'--�--....-- - .. _. __. . . . ; .�._. _...._._ ._..._. - - ��. � ._,_, ��Yf_ . T'VA , WA N/A �N/A � 9.38872� - -' 9�708.58�-- - -9_678.M� -- q.9q8.30F 10,068�16 10i211.98�.. 10.355.82: -- � --- -----`------------- ,...... ... .. ._ -- - .._.__ _...� . _ .__._. . . .._.. Sam-MwtWy� TUA N/A N!A I�/A d,79�36-- 4.SS129 _ .4.^914^22L__ _ 4.974.15j 5�034.08; 5,105.99� 5,177.91�"- . . ... -- -----._,.T�.. _ .._ .-._ . ..._ . _ . . _._..- _.,__. ....._--- . ...._ . . .. . - �'�?��Y$ iV/A ,--- TUA N/A N/A 55.32 36�01• 56.70; 57�39! 58.09j.. - 5893� - "59.75• - ' .__ �. ..._�. �__ . --- __ . . -•- -- '- �--'-- - - Noo-ShdtOvmtime N/A _._ N/A N/A N/A , 82.96_ &I.Ql� 85.03', .. '86.09:. _87.0 BB38� 89.61�- _.. ---- - - -- ..._ �__ .__...� . ._...__.._ _._ _.... _.._ __,. - _Y..... . -- . -..�'- - ____ . .. �.. _. . ...._ . ._ . _,,,_��'� _ N/A N/A _ �1J/A . N/A _ 44:81� 45.37: 45�9)I 46.49 4T.OSi 47.71� 48.39r SNR/Ovntime' N/A tJ/A N/A � N/A 67.2IT 6l.O5�- - - - �-� _•-_�'------�--'-- .. .. _. . . __-........_.........-•--- ---"'-- - - ._.... _-. -�,_.__ l . _..._ .._..- -- ._.._�_.. ,�._� _ ......_68�69i _.. 69.77 .. . 70.57� 71.38' .. 72.59� 1�2•1. Se�•MaDd N/A N!A N/A W/A 191.771 194.17 196.57� I98.97' 201.36 �204.24 207.12 Gmrnl Wage Adjps�mt�ppLed to eemi'monehl�'Fiid�ghoer PaY nt 300%(steP 3)• SteP Pa�m�e md diffamtial pay raln e�e calwleted fmm seid dximel plaas i.ongevitY P�Y eates�e caleulated from the base d�erartiel rah et 10046. PubGshed P�Bti�10096 rete efter emo�l Gmerei Wege Adjus�mt is epplied Cenvel Wage Adjaahueat wnll be calwleted out to Wra bou*N wa�e+e[e esdm.us ma ecmNa mar�r(��r�r��ee catcoLtea by csey peyroU sog�veee yyyt�, AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Easement Agreement, Study Session Date: N/A Washington Department of Natural COUNCIL MEETING Date: June 17, 2015 Resources Department: Public Works Presenter: Martin Phone: (360) 473-5758 SUMMARY: The last permit needed to access the beach for the Washington Avenue project is the DNR easement agreement which outlines the terms and conditions the City must comply with in order to decommission the sewer lines and leave them in place within the tidal zone. Over the past several years, DNR has changed its policy toward these easements, providing agreements that are significantly more detailed and also more expensive. In addition, DNR has set a policy goal of removing, not leaving in place, decommissioned sewer lines. This document was finalized at 3:00 p.m. today and is, considering all of the elements of the current situation, supported by staff. Council approval of this agreement is required in order to maintain the Washington Avenue project schedule. ATTACHMENTS: Easement Agreement#51-092390 from the Washington Department of Natural Resources FISCAL IMPACTS (Include Budgeted Amount): The easement agreement is for no cost if the pipe is removed within 15 years; otherwise there will be a lump sum payment of $50,250 in year 14. . STUDY SESSION AGENDA: N/A ❑ No Presentation ❑ Full Presentation l�bUtilGj4 Fy�ICTI��'l ACTION: ❑ Consent Agenda � General Business ❑ Public Hearing RECOMIVIENDED MOTION: Move to approve DNR Easement Agreement#51-092390, 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 Y When recorded, return to: ' City of Bremerton Public Works 3027 Olympus Drive Bremerton, WA 98310 `I `� v WASHINGTON STATE DEPARTMENT OF Natural Resources Peter Goldmark-Commissionerof Public Lands AQUATIC LANDS EASEMENT Easement No. 51-092390 Grantor: Washington State Department of Natural Resources Grantee(s): City of Bremerton Public Works Legal Description: Section 13, Township 24 North, Range 1 East, W.M. Assessor's Property Tax Parcel or Account Number: Not Applicable Assessor's Property Tax Parcel or Account Number for Upland parcel used in conjunction with this Easement: Not Applicable THIS AGREEMENT is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and the CITY OF BREMERTON PUBLIC WORKS, a government agency/entity ("Grantee"). State has authority to enter into this Easement under Chapter 43.12 RCW, Chapter 43.30 RCW, and Title 79 of the Revised Code of Washington(RCW). THE Parties agree as follows: SECTION 1 GRANT OF EASEMENT 1.1 Easement Defined. (a) State grants and conveys to Grantee a nonexclusive easement, subject to the terms and conditions of this agreement, over, upon, and under the real property at Port Washington Narrows described in Exhibit A. In this agreement, the term "Easement" means this agreement and the rights granted; the term"Easement Property" means the real property subject to the easement. Aquatic Lands Easement Page I of 29 Easement No.5 I-092390 (b) This Easement is subject to all valid interests of third parties noted in the records of Kitsap County, or on file in the Office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or federal navigation servitude; and treaty rights of Indian Tribes. (c) This Easement does not include any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other valuable materials. (d) This Easement does not include the right to grant easements and franchises to third parties. State reserves the right to reasonably grant, condition, or approve all third party easements and franchises regardless of whether the third party's use is incidental to the Easement. State shall not unreasonably condition or deny third- party easements or franchises necessary for continuation of utilities, including communication systems. 1.2 Survey and Easement Property Descriptions. (a) Grantee prepared Exhibit A, which describes the Easement Property. Grantee represents that Exhibit A is a true and accurate description of the Easement boundaries and the improvements to be constructed or already existing in the Easement area. Grantee's obligation to provide a true and accurate description of the Easement Property boundaries is a material term of this Easement. (b) State's acceptance of Exhibit A does not constitute agreement that Grantee's property description accurately reflects the actual amount of land used by • Grantee. State reserves the right to retroactively adjust fees if at any time during the Term State discovers a discrepancy between Grantee's property description and the area actually used by Grantee. 1.3 Condition of Easement Property. State makes no representation regarding the condition of the Easement Property, improvements located on the Easement Property, the suitability of the Easement Property for Grantee's Permitted Use, compliance with governmental laws and regulations, availability of utility rights, access to the Easement Property, or the existence of hazardous substances on the Easement Property. SECTION 2 USE 2.1 Permitted Use. Grantee shall use the Easement Property for: Grantee shall use the Easement property for: storage, maintenance, and repair of 3 existing, inactive sewer mains (the "Permitted Use"), and for no other purpose, including utilities unless specifically identified as part of the Permitted Use. The Permitted Use is described or shown in detail in Exhibit B. 2.2 Restrictions on Use. (a) The limitations in this Paragraph 2.2 apply to the Property and adjacent state- owned aquatic land. Grantee's compliance with this Paragraph 2.2 does not limit Grantee's liability under any other provision of this Easement. Aquatic Lands Easement Page 2 of 29 Easement No.51-092390 (b) Grantee shall not cause or permit: (1) Damage to natural resources, (2) Waste, or (3) Deposit of material, unless approved by State in writing. This prohibition includes deposit of fill, rock, earth, ballast, wood waste, refuse, garbage, waste matter,pollutants of any type, or other matter. 2.3 Conformance with Laws. Grantee shall keep current and comply with all conditions and terms of any pertnits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding Grantee's use of the Easement Property. 2.4 Liens and Encumbrances. Grantee shall keep the Easement Property free and clear of any liens and encumbrances arising out of or relating to its use of the Easement Property, unless expressly authorized by State in writing. 2.5 Interference with Other Uses. (a) Grantee shall exercise Grantee's rights under this Easement in a manner that minimizes or avoids interference with the rights of State, the public or others with valid right to use or occupy the Easement Property or surrounding lands and water. (b) To the fullest extent reasonably possible, Grantee shall place and construct Improvements in a manner that allows unobstructed movement in and on the waters above and around the Easement Property. (c) Except in an emergency, Grantee shall provide State with written notice of construction or other significant activity on Easement Property at least thirty(30) days in advance. "Significant Activity" means any activity that may affect use or enjoyment by the State, public, or others with valid rights to use or occupy the Easement Property or surrounding lands and water. (d) Grantee shall mark the location of any hazards associated with the Permitted Use and any Improvements in a manner that ensures reasonable notice to the public. SECTION 3 TERM 3.1 Term Defined. The term of this Easement is Fifteen(15) years (the "Term"), beginning on the lst day of June, 2015 (the "Commencement Date"), and ending on the 31st day of May, 2030 (the "Termination Date"), unless terminated sooner under the terms of this Easement. 3.2 Renewal of the Easement.This Easement does not provide a right of renewal. Grantee may obtain a new Easement as provided in Section 2C of Exhibit B, Grantee must apply for a new Easement at least one (1) year prior to Termination Date. State shall notify Grantee within ninety (90) days of its intent to approve or deny a new Easement. 3.3 End of Term. (a) Upon the expiration or termination of this Easement, Grantee shall remove Improvements in accordance with Section 7, Improvements, and surrender the Aquatic Lands Easement Page 3 of 29 'Easement No.51-092390 Easement Property to State in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. (b) Definition of Reasonable Wear and Tear. (1) Reasonable wear and tear is deterioration resulting from the Permitted Use that has occurred without neglect, negligence, carelessness, accident, or abuse by Grantee or Grantee's contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees. (2) Reasonable wear and tear does not include any deposit of material prohibited under Paragraph 2.2(b) unless expressly permitted by State in writing and regardless of whether the deposit is incidental to or the byproduct of the Permitted Use. (c) If Easement Property is in worse condition, excepting for reasonable wear and tear, on the surrender date than on the Commencement Date, the following provisions apply. (1) State shall provide Grantee a reasonable time to take all steps necessary to remedy the condition of the Easement Property. State may require Grantee to enter into a right-of-entry or other use authorization prior to the Grantee entering the Easement Property to remedy any breach of this Paragraph 3.3. (2) If Grantee fails to remedy the condition of the Easement Property in a timely manner, State may take any steps reasonably necessary to remedy Grantee's failure. Upon demand by State, Grantee shall pay all costs of •- such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Easement Property, lost revenue resulting from the condition of the Easement Property prior to and during remedial action, and any administrative costs associated with the remedial action. SECTION 4 FEES 4.1 Fee. Grantee shall pay a lump sum payment of Fifty Thousand Two Hundred Fifty and No Cents ($50,250.00) in year Fourteen(2029) of the agreement, unless the grantee has removed the improvements listed in Section 7 by the 31 st day of May, 2029. If the improvements have been removed by the 31st day of May, 2029, no payment is due to the State. Any payment not paid by State's close of business on the date due is past due. 4.2 Payment Place. Grantee shall make payment to Financial Management Division, 1111 Washington St SE, PO Box 47041, Olympia, WA 98504-7041. SECTION 5 OTHEIt EXPENSES 5.1 Utilities. Grantee shall pay all fees charged for utilities required or needed by the Permitted Use. Aquatic Lands Easement Page 4 of 29 Easement No.S 1-092390 5.2 Taxes and Assessments. Grantee shall pay all taxes, assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Easement and the Permitted Use. 5.3 Failure to Pay. If Grantee fails to pay any of the amounts due under this Easement, State may pay the amount due, and recover its cost in accordance with Section 6. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Failure to Pay. Failure to pay any fees or other expenses is a default by Grantee. State may seek remedies in Section 14 as well as late charges and interest as provided in this Section 6. 6.2 Late Charge. If State does not receive any payment within ten(10) days of the date due, Grantee shall pay to State a late charge equal to four percent (4°l0) of the unpaid or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State incident to the delay. 6.3 Interest Penalty for Past Due Fees and Other Sums Owed. (a) Grantee shall pay interest on the past due fee at the rate of one percent(1°Io) per month until paid, in addition to paying the late charges determined under Paragraph 6.2. Fee not paid by the close of business day on the due date will begin accruing interest the day after the due date. (b) If State pays or advances any amounts for or on behalf of Grantee, Grantee shall reimburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1°Io) per month from the date State notifies Grantee of the payment or advance. This includes, but is not limited to taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Paragraph 2.2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due. 6.4 Referral to Collection Agency and Collection Agency Fees. If State does not receive payment within thirty (30) days of the due date, State may refer the unpaid amount to a collection agency as provided by RCW 19.16.500 or other applicable law. Upon referral, Grantee shall pay collection agency fees in addition to the unpaid amount. 6.5 No Accord and Satisfaction. If Grantee pays, or State otherwise receives, an amount less than the full amount then due, State may apply such payment as it elects. No endorsement or statement on any check, any payment, or any letter accompanying any check or payment constitutes accord and satisfaction. SECTION 7 IMPROVEMENTS 7.1 Improvements Defined. (a) "Improvements," consistent with RCW 79.105 through 79.145, are additions within, upon, or attached to the land. This includes, but is not limited to, structures and fixtures. Aquatic Lands Easement Page 5 of 29 Easement No.51-092390 (b) "Personal Property" means items that can be removed from the Easement Property without(1) injury to the Easement Property, adjacent state-owned lands or Improvements or(2) diminishing the value or utility of the Easement Property, adjacent state-owned lands or Improvements. (c) "State-Owned Improvements" are Improvements made or owned by State. State- Owned Improvements includes any constructiori, alteration, or addition to State- Owned Improvements made by Grantee. (d) "Grantee-Owned Improvements" are Improvements made by Grantee with State's consent. (e) "Unauthorized Improvements" are Improvements made on the Easement Property without State's prior consent or Improvements made by Grantee that do not conform with plans submitted to and approved by the State. (fl "Improvements Owned by Others" are Improvements made by Others with a right to occupy or use the Easement Property or adjacent state-owned lands. 7.2 Existing Improvements. On the Commencement Date, the following Improvements are located on the Easement Property: One 6" cast iron ductile main, One 10"cast iron main (inactive), and one 10" asbestos cement main(inactive). The Improvements are Grantee-Owned Improvements. 7.3 Construction,Major Repair, Modification, and Demolition. (a) This Paragraph 7.3 governs construction, alteration, replacement, major repair, modification alteration, demolition and deconstruction of Improvements ("Work"). Section 11 governs routine maintenance and minor repair of Improvements and Easement Property. (b) All Work must conform with State's standards for Improvements current at the time Grantee submits plans and specifications for State's approval. (c) Except in an emergency, Grantee shall not conduct any Work without State's prior written consent, as follows: (1) State may deny consent if State determines that denial is in the best interests of the State. State may impose additional conditions reasonably intended to protect and preserve the Easement Property. If Work is for removal of Improvements at End of Term, State may waive removal of some or all Improvements. (2) Except in an emergency, Grantee shall submit to State plans and specifications describing the proposed Work at least sixty(60) days before submitting permit applications to regulatory authorities unless Grantee and State otherwise agree to coordinate permit applications. At a minimum, or if no permits are necessary, Grantee shall submit plans and specifications at least ninety (90) days before commencement of Work. (3) State waives the requirement for consent if State does not notify Grantee of its grant or denial of consent within sixty(60) days of submittal. (d) Grantee shall notify State of emergency Work within five (5) business days of the start of such Work. Upon State's request, Grantee shall provide State with plans and specifications or as-builts of emergency Work. (e) Grantee shall not commence or authorize Work until Grantee or Grantee's contractor has: Aquatic Lands Easement Page 6 of 29 Easement No.S 1-092390 (1) Obtained a performance and payment bond in an amount equal to one hundred percent(100a�o) of the estimated cost of construction. Grantee shall maintain the performance and payment bond until Grantee pays in full the costs of the Work, including all laborers and material persons. (2) Obtained all required permits. (3) Provided notice of Significant Activity in accordance with Paragraph 2.5(c). (fl Grantee shall preserve and protect Improvements Owned by Others, if any. (g) Grantee shall preserve all legal land subdivision survey markers and witness objects ("Markers.") If disturbance of a Marker will be a necessary consequence of Grantee's construction, Grantee shall reference andlor replace the Marker in accordance with all applicable laws and regulations current at the time, including, but not limited to Chapter 58.24 RCW. At Grantee's expense, Grantee shall retain a registered professional engineer or licensed land surveyor to reestablish destroyed or disturbed Markers in accordance with U.S. General Land Office standards. (h) Before completing Work, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of Work. If Work is intended for removal of Improvements at End of Term, Grantee shall restore the Easement Property in accordance with Paragraph 3.3, End of Term. (i) Upon completing work, Grantee shall promptly provide State with as-built plans and specifications. (j) State shall not charge rent for authorized Improvements installed by Grantee during this Term of this Easement, but State may charge rent for such Improvements when and if the Grantee or successor obtains a subsequent use authorization for the Easement Property and State has waived the requirement for Improvements to be removed as provided in Paragraph 7.4. 7.4 Grantee-Owned Improvements at End of Easement. (a) Disposition. (1) Grantee shall remove Grantee-Owned Improvements in accordance with Paragraph 7.3 upon the expiration, termination, or cancellation of the Easement unless State waives the requirement for removal. (2) Grantee-Owned Improvements remaining on the Easement Property on the expiration, termination, or cancellation date become State-Owned Improvements without payment by State, unless State elects otherwise. State may refuse or waive ownership. (3) If Grantee-Owned Improvements remain on the Easement Property after the expiration, termination, or cancellation date without State's consent, State may remove all Improvements and Grantee shall pay the costs of removal and disposal. (b) Conditions Under Which State May Waive Removal of Grantee-Owned Improvements. (1) State may waive removal of any or all Grantee-Owned Improvements whenever State determines that it is in the best interests of the State. Aquatic Lands Easement Page 7 of 29 Easement No.51-092390 (2) If Grantee renews the Easement or enters into a new Easement pursuant to Section 2C of Exhibit B, State may waive requirement to remove Grantee- , Owned Improvements. State also may consent to Grantee's continued ownership of Grantee-Owned Improvements. (3) If Grantee does not renew the Easement or enter into a new Easement, State may waive requirement to remove Grantee-Owned Improvements upon consideration of a timely request from Grantee, as follows: (i) Grantee must notify State at least one (1) year before the Termination Date of its request to leave Grantee-Owned Improvements. (ii) State, within ninety(90) days, will notify Grantee whether State consents to any or all Grantee-Owned Improvements remaining. State has no obligation to grant consent. (iii) State's failure to respond to Grantee's request to leave Improvements within ninety(90) days is a denial of the request. (c) Grantee's Obligations if State Waives Removal. (1) Grantee shall not remove Improvements if State waives the requirement for removal of any or all Grantee-Owned Improvements. (2) Grantee shall maintain such Improvements in accordance with this Easement until the expiration, termination, or cancellation date. Grantee is liable to State for cost of repair if Grantee causes or allows damage to Improvements State has designated to remain. 7.5 Disposition of Unauthorized Improvements. (a) Unauthorized Improvements belong to State, unless State elects otherwise. (b) State may either: (1) Consent to Grantee ownership of the Improvements, or (2) Charge use and occupancy fee in accordance with RCW 79.105.200 of the Improvements from the time of installation or construction and (i) Require Grantee to remove the Improvements in accordance with Paragraph 7.3, in which case Grantee shall pay use and occupancy fee for the Improvements until removal, (ii) Consent to Improvements remaining and Grantee shall pay use and occupancy fee for the use of the Improvements, or (iii) Remove Improvements and Grantee shall pay for the cost of removal and disposal, in which case Grantee shall pay use and occupancy fee for use of the Improvements until removal and disposal. 7.6 Disposition of Personal Property. (a) Grantee retains ownership of Personal Property unless Grantee and State agree otherwise in writing. (b) Grantee shall remove Personal Property from the Easement Property by the Termination Date. Grantee is liable for any damage to the Easement Property and to any Improvements that may result from removal of Personal Property. (c) State may sell or dispose of all Personal Property left on the Easement Property after the Tertnination Date. , Aquatic Lands Easement Page 8 of 29 �Easement No.51-092390 (1) If State conducts a sale of Personal Property, State shall apply proceeds first to the State's administrative costs in conducting the sale, second to payment of amount that then may be due from the Grantee to the State, and State shall pay the remainder, if any, to the Grantee. � (2) If State disposes of Personal Property, Grantee shall pay for the cost of removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 8.1 Definitions. (a) "Hazardous Substance" means any substance that now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination, pollution, or cleanup. (b) "Release or threatened release of Hazardous Substance" means a release or threatened release as defined under any law described in Paragraph 8.1(a). (c) "Utmost care" means such a degree of care as would be exercised by a very careful, prudent, and competent person under the same or similar circumstances; the standard of care applicable under the Washington State Model Toxics Control Act ("MTCA"), Chapter 70.105 RCW, as amended. (d) "Grantee and affiliates" when used in this Section 8 means Grantee or Grantee's subgrantees, contractors, agents, employees, guests, invitees, licensees, affiliates, or any person on the Easement Property with the Grantee's permission. (e) "Liabilities" as used in this Section 8 means any claims, demands, proceedings, lawsuits, damages, costs, expenses, fees (including attorneys' fees and disbursements), penalties, or judgments. 8.2 General Conditions. (a) Grantee's obligations under this Section 8 extend to the area in, on, under, or above: (1) The Easement Property and (2) Adjacent state-owned aquatic lands if affected by a release of Hazardous Substances that occurs as a result of the Permitted Use. (b) Standard of Care. (1) Grantee shall exercise the utmost care with respect to Hazardous Substances. (2) As relates to the Permitted Use, Grantee shall exercise utmost care for the foreseeable acts or omissions of third parties with respect to Hazardous Substances, and the foreseeable consequences of those acts or omissions, to the extent required to establish a viable, third-party defense under the law. 8.3 Current Conditions and Duty to Investigate. (a) State makes no representation about the condition of the Easement Property. Hazardous Substances may exist in, on, under, or above the Easement Property. Aquatic Lands Easement Page 9 of 29 Easement No.5 I-092390 (b) This Easement does not impose a duty on State to conduct investigations or supply information to Grantee about Hazardous Substances. (c) Grantee is responsible for conducting all appropriate inquiry and gathering sufficient information about the existence, scope, and location of Hazardous Substances on or near the Property necessary for Grantee to meet Grantee's obligations under this Easement and utilize the Property for the Permitted Use. 8.4 Use of Hazardous Substances. (a) Grantee and affiliates shall not use, store, generate, process, transport, handle, release, or dispose of Hazardous Substances, except in accordance with all applicable laws. (b) Grantee shall not undertake, or allow others to undertake by Grantee's permission, acquiescence, or failure to act, activities that result in a release or threatened release of Hazardous Substances. (c) If use of Hazardous Substances related to the Permitted Use results in a violation of law: (1) Grantee shall submit to State any plans for remedying the violations, and (2) Grantee shall implement any measures to restore the Easement Property or natural resources that State may require in addition to remedial measures required by regulatory authorities. 8.5 Management of Contamination, if any. (a) Grantee and affiliates shall not undertake activities that: (1) Damage or interfere with the operation of remedial or restoration activities, if any; (2) Result in human or environmental exposure to contaminated sediments, if any; (3) Result in the mechanical or chemical disturbance of on-site habitat mitigation, if any. (b) If requested, Grantee shall allow reasonable access to: (1) Employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology,health department, � or other similar environmental agencies; and (2) Potentially liable or responsible parties who are the subject of an order or consent decree that requires access to the Easement Property. Grantee may negotiate an access agreement with such parties, but Grantee may not unreasonably withhold such agreement. 8.6 Notification and Reporting. (a) Grantee shall immediately notify State if Grantee becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances; (2) Any new discovery of or new information about a problem or liability related to, or derived from, the presence of Hazardous Substances; (3) Any lien or action arising from Hazardous substances; Aquatic Lands Easement Page 10 of 29 Easement No. 51-092390 (4) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances; (5) Any notification from the US Environmental Protection Agency(EPA) or the Washington State Department of Ecology(DOE)that remediation or removal of Hazardous Substances is or may be required at the Easement Property. (b) Grantee's duty to report under Paragraph 8.6(a) extends to lands described in Paragraph 8.2(a) and to any other property used by Grantee in conjunction with the Easement Property if a release of Hazardous Substances on the other property could affect the Easement Property. (c) Grantee shall provide State with copies of all documents Grantee submits to any federal, state, or local authorities concerning environmental impacts or proposals relative to the Easement Property. Documents subject to this requirement include, but are not limited to, applications, reports, studies, or audits for National Pollution Discharge and Elimination System Permits; Army Corps of Engineers permits; State Hydraulic Project Approvals (HPA); State Water Quality certification; Substantial Development permit; and any reporting necessary for the existence, location, and storage of Hazardous Substances on the Property. 8.7 Indemni�cation. (a) Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities that arise out of, or relate to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property; (2) The release or threatened release of any Hazardous Substance resulting from any act or omission of Grantee and affiliates occurring whenever Grantee uses or has used the Easement Property. (b) Grantee shall fully indemnify, defend, and hold State harmless for any Liabilities that arise out of or relate to Grantee's breach of obligations under Paragraph 8.5. (c) Grantee has no duty to indemnify State for acts or omissions of third parties unless and only if an administrative or legal proceeding arising from a release or threatened release of Hazardous Substances finds or holds that Grantee failed to exercise care as described in Paragraph 8.2(b)(2). In such case, Grantee shall fully indemnify, defend, and hold State harmless from and against Liabilities arising from the acts or omissions of third parties in relation to the release or threatened release of Hazardous Substances. This includes Liabilities arising before the finding or holding in the proceeding. 8.8 Reservation of Rights. (a) For Liabilities not covered by the indemnification provisions of Paragraph 8.7, the Parties expressly reserve and do not waive any rights, claims, immunities, causes of action, or defenses relating to Hazardous Substances that either Party may have against the other under law. Aquatic Lands Easement Page I l of 29 Easement No. 51-092390 (b) The Parties expressly reserve all rights, claims, immunities, and defenses either Party may have against third parties. Nothing in this Section 8 benefits or creates rights for third parties. (c) The allocations of risks, Liabilities, and responsibilities set forth in this Section 8 do not release either Party from or affect the liability of either Party for Hazardous Substances claims or actions by regulatory agencies. 8.9 Cleanup. (a) If Grantee's act, omission, or breach of obligation under Paragraph 8.4 results in a release of Hazardous Substances that exceeds the threshold limits of any applicable regulatory standard, Grantee shall, at Grantee's sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances in accordance with applicable law. (b) Grantee may undertake a cleanup of the Property pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that Grantee cooperates with the Department of Natural Resources in development of cleanup plans. Grantee shall not proceed with Voluntary Cleanup without the Department of Natural Resources approval of final plans. Nothing in the operation of this provision is an agreement by the Department of Natural Resources that the Voluntary Cleanup complies with any laws or with the provisions of this Easement. Grantee's completion of a Voluntary Cleanup is not a release from or waiver of any obligation for Hazardous Substances under this Easement. , 8.10 Sampling by State,Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Easement Property at any time to determine the existence, scope, or effects of Hazardous Substances. (b) If such Tests, along with any other information, demonstrate a breach of Grantee's obligations regarding Hazardous Substances under this Easement, Grantee shall promptly reimburse State for all costs associated with the Tests, provided State gave Grantee thirty(30) calendar days advance notice in non- emergencies and reasonably practical notice in emergencies. (c) In non-emergencies, Grantee is entitled to obtain split samples of Test samples, provided Grantee gives State written notice requesting split samples at least ten (10) calendar days before State conducts Tests. Upon demand, Grantee shall promptly reimburse State for additional cost, if any, of split samples. (d) If either Party conducts Tests on the Property, the conducting Party shall provide the other with validated final data and quality assurance/quality control/chain of custody information about the Tests within sixty(60) calendar days of a written request by the other party, unless Tests are part of a submittal under Paragraph 8.6(c) in which case Grantee shall submit data and information to State without written request by State. Neither party is obligated to provide any analytical summaries or the work product of experts. Aquatic Lands Easement Page I 2 of 29 ;Easement No.51-092390 SECTION 9 ASSIGNMENT Grantee shall not assign any part of Grantee's interest in this Easement or the Easement Property or grant any rights or franchises to third parties without State's prior written consent, which State shall not unreasonably condition or withhold. State reserves the right to reasonably change the terms and conditions of this Easement upon State's consent to assignment. SECTION 10 INDEMNITY,FINANCIAL SECURITY,INSURANCE 10.1 Indemnity. (a) Grantee shall indemnify, defend, and hold State, its employees, officers, and agents harmless from any Claims arising out of the Permitted Use or activities related to the Permitted Use by Grantee, its contractors, agents, invitees, guests, employees, affiliates, licensees, or permittees. (b) "Claim" as used in this Paragraph 10.1 means any financial loss, claim, suit, action, damages, expenses, fees (including attorneys' fees), penalties, or judgments attributable to bodily injury, sickness, disease, death, and damages to tangible property, including, but not limited to, land, aquatic life, and other natural resources. "Damages to tangible property" includes, but is not limited to, physical injury to the Easement Property and damages resulting from loss of use of the Easement Property. (c) State shall not require Grantee to indemnify, defend, and hold State harmless for claims that arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. (d) Grantee waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend, and hold State and its agencies, officials, agents, or employees harmless. (e) Section 8, Environmental Liability/Risk Allocation, exclusively governs Grantee's liability to State for Hazardous Substances and its obligation to indemnify, defend, and hold State harmless for Hazardous Substances. 10.2 Insurance Terms. (a) Insurance Required. (1) Grantee certifies that it is self-insured for all the liability exposures, its self-insurance plan satisfies all State requirements, and its self-insurance plan provides coverage equal to that required in this Paragraph 10.2 and by Paragraph 10.3, Insurance Types and Limits. Grantee shall provide to State evidence of its status as a self-insured entity. Upon request by State, Grantee shall provide a written description of its financial condition and/or the self-insured funding mechanism. Grantee shall provide State with at least thirty (30) days' written notice prior to any material changes to Grantee's self-insured funding mechanism. (2) Grantee shall provide insurance issued by an insurance company or companies admitted to do business in the State of Washington (or) a non- issued insurance carrier complying with Chapter 48.15 RCW and 284-15 I WAC and have a rating of A- or better by the most Aquatic Lands Easement Page 13 of 29 Easement No.51-092390 recentty published edition of Best's Reports. Grantee may submit a request to the risk manager for the Department of Natural Resources to approve an exception to this requirement. (3) All general liability, excess, umbrella, property, builder's risk, and pollution legal liability insurance policies must name the State of Washington, the Department of Natural Resources, its elected and appointed officials, agents, and employees as an additional insured. (4) All insurance provided in compliance with this Easement must be primary as to any other insurance or self-insurance programs afforded to or maintained by State. (b) Waiver. (1) Grantee waives all rights against State for recovery of damages to the extent insurance maintained pursuant to this Easement covers these damages. (2) Except as prohibited by law, Grantee waives all rights of subrogation against State for recovery of damages to the extent that they are covered by insurance maintained pursuant to this Easement. (c) Proof of Insurance. (1) Grantee shall provide State with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with insurance requirements specified in this Easement and, if requested, copies of policies to State. (2) The certificate(s) of insurance must reference additional insureds and the Easement number. (3) Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. (d) State must receive written notice before cancellation or non-renewal of any insurance required by this Easement, as follows: (1) Insurers subject to RCW 48.18 (admitted and regulated by the Insurance Commissioner): If cancellation is due to non-payment of premium, provide State ten(10) days' advance notice of cancellation; otherwise, provide State forty-five (45) days' advance notice of cancellation or non- renewal. (2) Insurers subject to RCW 48.15 (surplus lines): If cancellation is due to non-payment of premium, provide State ten(lOj days' advance notice of cancellation; otherwise, provide State thirty(30) days' advance notice of I cancellation or non-renewal. (e) If Grantee fails to procure and maintain the insurance described above within fifteen (15) days after Grantee receives a notice to comply from State, State may either: (1) Deem the failure an Event of Default under Section 14, or (2) Procure and maintain comparable substitute insurance and pay the premiums. Upon demand, Grantee shall pay to State the full amount paid by State, together with interest at the rate provided in Paragraph 6.2 from the date of State's notice of the expenditure until Grantee's repayment. Aquatic Lands Easement Page 14 of 29 Easement No.S 1-092390 (fl General Terms. (1) State does not represent that coverage and limits required under this Easement are adequate to protect Grantee. (2) Coverage and limits do not limit Grantee's liability for indemnification and reimbursements granted to State under this Easement. (3) The Parties shall use any insurance proceeds payable by reason of damage or destruction to Easement Property first to restore the Easement Property, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Grantee. 10.3 Insurance Types and Limits. (a) General Liability Insurance. (1) Grantee shall maintain commercial general liability insurance (CGL) or marine general liability(MGL) covering claims for bodily injury, personal injury, or property damage arising on the Easement Property and/or arising out of the Permitted Use and, if necessary, commercial umbrella insurance with a limit of not less than One Million Dollars ($1,000,000) per each occunence. If such CGL or MGL insurance contains aggregate limits, the general aggregate limit must be at ieast twice the "each occunence" limit. CGL or MGL insurance must have products-completed operations aggregate limit of at least two times the "each occurrence" limit. (2) CGL insurance must be written on Insurance Services Office (ISO) Occurrence Form CG 00 Ol (or a substitute form providing equivalent coverage). All insurance must cover liability arising out of premises, operations, independent contractors, products completed operations, personal injury and advertising injury, and liability assumed under an insured contract (including the tort liability of another party assumed in a business contract) and contain separation of insured(cross-liability) condition. (3) MGL insurance must have no exclusions for non-owned watercraft. (b) Workers' Compensation. (1) State of Washington Workers' Compensation. (i) Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Grantee shall provide workers' compensation coverage for all employees of Grantee. Coverage must include bodily injury (including death) by accident or disease, which arises out of or in connection with the Permitted Use or related activities. (ii) If Grantee fails to comply with all State of Washington workers' compensation statutes and regulations and State incurs fines or is required by law to provide benefits to or obtain coverage for such employees, Grantee shall indemnify State. Indemnity includes all fines; payment of benefits to Grantee, employees, or their heirs or legal representatives; and the cost of effecting coverage on behalf of such employees. Aquatic Lands Easement Page 15 of 29 Easement No.51-092390 (2) Longshore and Harbor Workers' and Jones Acts. Longshore and Harbor Workers' Act(33 U.S.C. Section 901 et seq.) and/or the Jones Act (46 U.S.C. Section 688) may require Grantee to provide insurance coverage in some circumstances. Grantee shall ascertain if such insurance is required and, if required, shall maintain insurance in compliance with law. Grantee is responsible for all civil and criminal liability arising,from failure to maintain such coverage. (c) Employers' Liability Insurance. Grantee shall procure employers' liability insurance, and, if necessary, commercial umbrella liability insurance with limits not less than One Million Dollars ($1,000,000) each accident for bodily injury by accident or One Million Dollars ($1,000,000) Dollars each employee for bodily injury by disease. 10.4 Financial Security. (a) At its own expense, Grantee shall procure and maintain during the Term of this Easement a corporate security bond or provide other financial security that State may approve ("Security"). Grantee shall provide Security in an amount equal to Zero Dollars ($0), which is consistent with RCW 79.105.330, and secures Grantee's performance of its obligations under this Easement, with the exception of the obligations under Section 8, Environmental Liability/Risk Allocation. Grantee's failure to maintain the Security in the required amount during the Term constitutes a breach of this Easement. (b) All Security must be in a form acceptable to the State. (1) Bonds must be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better, in the most recently published edition of Best's Reports, unless State approves an exception. Grantee may submit a request to the Risk Manager for the Department of Natural Resources for an exception to this requirement. (2) Letters of credit, if approved by State, must be irrevocable, allow State to draw funds at will, provide for automatic renewal, and comply with RCW 62A.5-101, et. seq. (3) Savings account assignments, if approved by State, must allow State to draw fimds at will. (c) Adjustment in Amount of Security. (1) State may require an adjustment in the Security amount: (i) At the same time as revaluation, if any, (ii) As a condition of approval of assignment of this Easement, (iii) Upon a material change in the condition or disposition of any Improvements, or (iv) Upon a change in the Permitted Use. (2) Grantee shall deliver a new or modified form of Security to State within thirty(30)days after State has required adjustment of the amount of the Security. (d) Upon any default by Grantee in its obligations under this Easement, State may collect on the Security to offset the liability of Grantee to State. Collection on the Security does not (1)relieve Grantee of liability, (2) limit any of State's other Aquatic Lands Easement Page 16 of 29 Easement No.51-092390 remedies, (3) reinstate or cure the default or(4) prevent termination of the Easement because of the default. SECTION 11 ROUTINE MAINTENANCE AND REPAIR 11.1 State's Repairs. This Easement does not obligate State to make any alterations, maintenance, replacements, or repairs in, on, or about the Easement Property, during the Term. 11.2 Grantee's Repairs and Maintenance. (a) Routine maintenance and repair are acts intended to prevent a decline, lapse or, cessation of the Permitted Use and associated Improvements. Routine maintenance or repair is the type of work that does not require regulatory pertnits. (b) At Grantee's sole expense, Grantee shall keep and maintain all Grantee-Owned Improvements and the Easement Property as it relates to the Permitted Use in good order and repair and in a safe condition. State's consent is not required for routine maintenance or repair. (c) At Grantee's own expense, Grantee shall make any additions, repairs, alterations, maintenance, replacements, or changes to the Easement Property or to any Improvements on the Easement Property that any public authority requires because of the Pertnitted Use. (d) Upon completion of maintenance activities, Grantee shall remove all debris and restore the Easement Property, as nearly as possible, to the condition prior to the commencement of work. SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a) In the event of any known damage to or destruction of the Easement Property or any Improvements, Grantee shall promptly give written notice to State. State does not have actual knowledge of the damage or destruction of the Easement Property or any Improvements without Grantee's written notice. (b) Unless otherwise agreed in writing, Grantee shall promptly reconstruct, repair, or replace any Improvements in accordance with Paragraph 7.3, Construction, Major Repair, Modification, and Demolition, as nearly as possible to its condition immediately prior to the damage or destruction. Where damage to state-owned aquatic land or natural resources is attributable to the Permitted Use or related activities, Grantee shall promptly restore the lands or resources to the condition preceding the damage in accordance with Paragraph 7.3 unless otherwise agreed in writing. 12.2 State's Waiver of Claim. State does not waive any claims for damage or destruction of the Easement Property unless State provides written notice to Grantee of each specific claim waived. Aquatic Lands Easement Page 17 of 29 Easement No.51-092390 12.3 Insurance Proceeds. Grantee's duty to reconstruct, repair, or replace any damage or destruction of the Easement Property or any Improvements on the Easement Property is not conditioned upon the availability of any insurance proceeds to Grantee from which the cost of repairs may be paid. The Parties shall use insurance proceeds in accordance with Paragraph 10.2(g)(3). SECTION 13 CONDENINATION In the event of condemnation, the Parties shall allocate the award between State and Grantee based upon the ratio of the fair market value of(1) Grantee's rights in the Easement Property and Grantee-Owned Improvements and (2) State's interest in the Easement Property; the reversionary interest in Grantee-Owned Improvements, if any; and State-Owned Improvements. In the event of a partial taking, the Parties shall compute the ratio based on the portion of Easement Property or Improvements taken. If Grantee and State are unable to agree on the allocation, the Parties shall submit the dispute to binding arbitration in accordance with the rules of the American Arbitration Association. SECTION 14 REMEDIES AND TERMINATION 14.1 �reach. (a) State may terminate this Easement upon Grantee's failure to cure a breach of its terms within sixty(60) days of State's written notice of breach. (b) For nonmonetary breach not capable of cure within sixty (60) days, State will not unreasonably withhold approval of a reasonable alternative cure schedule. Grantee must submit a cure schedule within thirty (30) days of a notice of breach. State shall not terminate if State approves the schedule and Grantee works diligently and in good faith to execute the cure. State may terminate if Grantee fails to timely submit a schedule or fails to cure in accordance with an approved schedule. (c) If breach arises from Grantee's failure to comply with restrictions on Permitted use under Paragraph 2.2, State may, without terminating this Easement, restore the natural resources or Property and charge Grantee restoration costs and/or charge Grantee damages. On demand by State, Grantee shall pay all costs andlor damages. 14.2 Termination by Nonuse. If Grantee does not use the Easement Property for a period of three (3) successive years, this Easement terminates without further action by State. Grantee's rights revert to State upon Termination by Nonuse. For purposes of this section, "Use" is defined as "Permitted Use" in accordance with section 2.1. 14.3 Termination by Grantee. Grantee may terminate this Easement upon providing State with sixty(60) days written notice of intent to terminate. Grantee shall comply with Paragraph 3.3, End of Tertn. Aquatic Lands Easement Page 18 of 29 Easement No.51-092390 14.4 Remedies Not Exclusive. The remedies specified under this Section 14 are not exclusive of any other remedies or means of redress to which the State is lawfully entitled for Grantee's breach or threatened breach of any provision of this Easement. SECTION 15 NOTICE AND SUBMITTALS � Following are the locations for delivery of notice and submittals required or permitted under this Easement. Any Party may change the place of delivery upon ten(10) days written notice to the other. State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics 950 Farman Avenue North Enumclaw, WA 98022-9282 Grantee: CITY OF BREMERTON PUBLIC WORKS 3027 Olympus Drive Bremerton, WA 98310 The Parties may deliver any notice in person, by facsimile machine, or by certified mail. Depending on the method of delivery, notice is effective upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after mailing. All notices must identify the Easement number. On notices transmitted by facsimile machine, the Parties shall state the number of pages contained in the notice, including the transmittal page, if any. SECTION 16 MISCELLANEOUS 16.1 Authority. Grantee and the person or persons executing this Easement on behalf of Grantee represent that Grantee is qualified to do business in the State of Washington, that Grantee has full right and authority to enter into this Easement, and that each and every person signing on behalf of Grantee is authorized to do so. Upon State's request, Grantee shall provide evidence satisfactory to State confirming these representations. 16.2 Successors and Assigns. This Easement binds and inures to the benefit of the Parties, their successors, and assigns. 16.3 Headings. The headings used in this Easement are for convenience only and in no way define, limit, or extend the scope of this Easement or the intent of any provision. 16.4 Entire Agreement. This Easement, including the exhibits and addenda, if any, contains the entire agreement of the Parties. This Easement merges all prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Easement Property. Aquatic Lands Easement Page 19 of 29 Easement No.S 1-092390 I 16.5 Waiver. (a) The waiver of any breach or default of any term, covenant, or condition of this Easement is not a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Easement. State's acceptance of payment is not a waiver of any preceding or existing breach other than the failure to pay the particular payment that was accepted. (b) The renewal of the Easement, extension of the Easement, or the issuance of a new Easement to Grantee, does not waive State's ability to pursue any rights or remedies under the Easement. 16.6 Cumulative Remedies. The rights and remedies of State under this Easement are cumulative and in addition to all other rights and remedies afforded by law or equity or otherwise. 16.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Easement. 16.8 Language. The word "Grantee" as used in this Easement applies to one or more persons, as the case may be. The singular includes the plural, and the neuter includes the masculine and feminine. If there is more than one Grantee, their obligations are joint and several. The word "persons," whenever used, includes individuals, firms, associations, and corporations. The word "Parties" means State and Grantee in the collective. The word "Party" means either or both State and Grantee, depending on context. 16.9 Invalidity. The invalidity, voidness, or illegality of any provision of this Easement does not affect, impair, or invalidate any other provision of this Easement. 16.10 Applicable Law and Venue. This Easement is to be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute means that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Easement is in the Superior Court for Thurston County, Washington. 16.11 Recordation. At Grantee's expense and no later than thirty (30) days after receiving the fully-executed Easement, Grantee shall record this Easement in the county in which the Property is located. Grantee shall include the parcel number of the upland property used in conjunction with the Property, if any. Grantee shall provide State with recording information, including the date of recordation and file number. 16.12 Modi�cation. No modification of this Easement is effective unless in writing and signed by the Parties. Oral representations or statements do not bind either Party. 16.13 5urvival. Any obligations of Grantee not fully performed upon termination of this Easement do not cease, but continue as obligations of the Grantee until fully performed. 16.14 Exhibits. All referenced exhibits are incorporated in this Easement unless expressly identified as unincorporated. Aquatic Lands Easement Page 20 of 29 Easement No.51-092390 THIS AGREEMENT requires the signature of all Parties and is effective on the date of the last signature below. CITY OF BREMERTON PUBLIC WORKS Dated: , 20_ By: PATTY LENT Title: Mayor Address: 3027 Olympus Drive Bremerton, WA 98310 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: , 20_ By: PETER GOLDMARK Title: Commissioner of Public Lands Address: Shoreline District Aquatics 950 Farman Avernie North Enumclaw, WA 98022-9282 Approved as to form this 16 day of June 2015 Terry Pruit, Assistant Attorney General Aquatic Lands Easement Page 21 of 29 Easement No.51-092390 REPRESENTATNE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of ) I certify that I know or have satisfactory evidence that PATTY LENT is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the MAYOR of the CITY OF BREMERTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires Aquatic Lands Easement Page 22 of 29 E�sement No.51-092390 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss COUNTY OF ) I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the COMMISSIONER OF PUBLIC LANDS, and ex officio administrator of the DEPARTMENT OF NATURAL RESOURCES OF THE STATE OF WASHINGTON to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (S ignature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires Aquatic Lands Easement Page 23 of 29 Easement No.51-092390 EXHIBIT A Legal Description The following three easements are for existing abandoned sewer pipelines located along the west shore of the Port of Washington Nanows across a portion of Public Place No. 2, a portion of Waterway No.2 and a portion of the harbor area as shown on the 1911 Map of Bremerton Harbor on file at the Office of the Commissioner of Public Lands, lying in front of Government Lot 1 and 2, Section 13, Township 24 North, Range 1 East, W.M., City of Bremerton, Kitsap County, Washington and described further as follows: Area No. 1 An 11 feet wide easement for an abandoned 10 inch diameter asbestos cement(AC) sewer pipeline,being 5.5 feet on each side of the following described centerline: Commencing at "Point A" as shown on attached Exhibit C, l�ing in front of said Government Lot 2 at the easterly extension of the center line of vacated 6` Street and the intersection of the Government Meander line and being "Point 6i" on the inner harbor line of said Map of Bremerton Harbor; Thence northerly from said Point"A" along the said inner harbor line approximately 111 feet, more or less, to the centerline of the said 10 inch diameter AC pipeline and being the True Point of Beginning; Thence northeasterly, northerly and northwesterly across said Waterway No. 2 and said harbor area 193 feet, more or less, along said centerline of the 10 inch diameter AC pipeline to intersect with the said inner harbor line at"Point B#1" as shown on said Exhibit C and being the terminus point of said centerline. From said terminus point, the True Point of Beginning bears southerly 190 feet, more or less, as measured along said inner harbor line. � The sidelines of said easement are extended or shortened to intersect with the said inner harbor line. Area No. 2 A 11 feet wide easement for an abandoned 6 inch diameter cast iron(CI) sewer pipeline, being 5.5 feet on each side of the following described centerline: Commencing at"Point A" as shown on attached Exhibit C, lying in front of said Government Lot 2 at the easterly extension of the centerline of vacated 6`h Street and the intersection of the Government Meander line and being "Point 6i" on the inner harbor line of said Map of Bremerton Harbor; Thence easterly from said Point "6i" along said inner harbor line between "Points 6i and Si" 16 feet, more or less, to the centerline of said 6 inch diameter CI pipeline and being the True Point of Beginning; Thence northerly and northwesterly along the said centerline of the 6 inch diameter CI pipeline across a portion of said Public Place No.2, a portion of Waterway No. 2, and a portion of the harbor area, 2409 feet, more or less, to intersect with the said inner harbor line a"Point B#2" as shown on said Exhibit C and lying between "Points l li and 12i" of said Map of Bremerton Aquatic Lands Easement Page 24 of 29 Easement No.5 I-092390 Harbor and being the terminus point of said centerline. From said terminus point, said "Pointl li" bears southwesterly 70 feet, more or less, as measured along said inner harbor line. The sidelines of said easement are extended or shortened to intersect with the said inner harbor 1 ine. Area No. 3 A 11 feet wide easement for an abandoned 10 inch diameter cast iron(CI) sewer pipeline, being 5.5 feet on each side of the following described centerline: Commencing at "Point A" as shown on attached Exhibit C, lying in front of said Government Lot 2 at the easterly extension of the centerline of vacated 6`�' Street and the intersection of the Government Meander line and being "Point 6i" on the inner harbor line of said Map of Bremerton Harbor; Thence easterly from said Point "6i" along the said inner harbor line between "Points 6i and Si" 26 feet, more or less, to the centerline of said 10 inch diameter CI pipeline and being the True Point of Beginning; Thence northerly and northwesterly along the said centerline of the 10 inch diameter CI pipeline across a portion of said Public Place No.2, a portion of Waterway No.2, and a portion of the harbor area, 2414 feet, more or less, to intersect with the said inner harbor line at"Point B#3" as shown on.said Exhibit C and lying between "Points 11 i and 12i" of said Map of Bremerton Harbor and being the terminus point of said centerline. From said terminus point, said "Point l li" bears southwesterly 65 feet, more or less as measured along said inner harbor line. The sidelines of said easement are extended or shortened to intersect with the said inner harbor line. Aquatic Lands Easement Page 25 of 29 Easement No. 5 I-092390 EXHIBIT B 1. DESCRIPTION OF PERMITTED USE A. Existing Facilities. One 6" cast iron active sewer main(a principal pipe in the system that collects sewage) to be decommissioned, summer 2015. One decommissioned 10" cast iron sewer main. One decommissioned 10" asbestos cement sewer main. B. Proposed Facilities No new facilities are proposed. Grantee proposes to decommission the active 6" cast iron sewer main. Decommissioning of this main involves disconnecting and capping the ends with concrete (as described in Section 6e of the JARPA, submitted 7/21/2014). Grantee has secured the following permits: Army Corps of Engineers, NWP 12, NWS-2014-742,4/2/2015 WA Department of Fish and Wildlife, HPA, 2015-6-61+01, 2/2/2015 2. ADDITIONAL OBLIGATIONS A. If at any time that the sewer mains become exposed to the beach surface by erosion or other actions, Grantee shall remove any portions of the main that becomes exposed and cap remaining main accordingly. . B. Off-Site Monitoring The State shall implement a maximum 15 year monitoring plan on The East Beach Main Easement(DNR Aquatics Lands Easement 51-089890) site. If the site shows satisfactory recovery, as determined by State staff, in less than 15 years but at least 5 years post construction, the monitoring plan may be shortened accordingly. Data collection shall occur quarterly, with annual reporting. The monitoring plan shall be developed by the State 90 days after the commencement date of this easement. The plan shall include: A survey of any vegetation present, surface epifauna, and benthic invertebrates. Species shall be identified to the lowest taxonomic level possible. Metrics provided shall also include the abundance of each species present and species ; diversity. Aquatic Lands Easement Page 26 of 29 Easement No. 51-092390 Beach substrate shall be characterized at different substrate depths (at a minimum at the 0 cm and 5 cm depths; 10 cm depth). Substrate type can be assessed in the field or samples may be collected for laboratory analysis. Beach profile (slope) data shall also be collected. Shear strength or bearing capacity measurements along the excavation area shall also be collected if information regarding substrate stability or safety hazard is desired. Fixed photo points may also be established to provide additional visual data of beach community and substrate development over time. C. If after reviewing the results of the monitoring plan the State concludes the potential impacts from removal of improvements, including recovery of the tidelands, are acceptable, then the State, in consultation with the Grantee, shall identify a timeframe for removal of all the existing improvements /facilities described in Section 7 and Exhibit B 1. A, by the Grantee. Removal shall occur during the current easement term, or during a subsequent term to which the Grantee and State agree. In the event that improvements remain after the end of the Term and State has concluded the impacts from removal of Improvements are acceptable the State and Grantee will execute a new agreement in substantially the same form as this Easement for a term of up to five years to allow Grantee to meet its obligation to remove the Improvements. If after reviewing the results of the monitoring plan the State concludes the potential impacts from removal of improvements, including recovery of the tidelands, are unacceptable, then the State may elect to extend monitoring of site beyond terms of this easement and Grantee shall enter into a new easement with the State for ongoing storage of the pipes. Obligations of a future easement would be similar to those found within this easement. Aquatic Lands Easement Page 27 of 29 Easement No.51-092390 EYAIBIT C MATCN LI E (To sheet 4 ; N ._� 1 w E . 1 .Gcc�D�$$ S 1 �mrn-�oo r�i ,c�, .., .;�� (�0 5.. . ' ,Fa"� 1 5._ � ', __- '1 . W 1 • a . , �. i ;, O --;�', ' � � ,��gR�O�E ,i� i � 1 l MPN� i'f^ z . �. � � _ �� a �--�--- � _ =. 3 ;�.� -- - _ : --� I QO�� - -. —l� , ;�' - - ��o�� — -, ,,�: _ <,, � � � , . -- .��i ; '. - - I ' . I .._ � , - �� ' Legend � : .I I �� 6'Cast Iron(AEendoned) .._. 1--,---I I �'�10'Asbeslos Cemerrt(AbarMoned) � � I m� 70'Cust I�on(Ahandoned) . -- _� i ❑ Piunp SteOon ' I DNR Easement Areas �� _J. . �Aree1 =2.188SF --' . -- �Area 2=26.579 5 F , -. Pouit B#1' �Nae 9=22.608 S F. -- �MenrMer Line-Inner Herbor Lme � � . 1 , .��,... Note: � � �-�O . 7 J Total arpa 2ported}or Area 3 - �� ; ` eztlutles any ovehap with Araa 2, _ o/'O,�F q'y�.� . z.)artnt on e s•x ta-paper. V �c 4. -� -- .., � � i Watenv��N2 6TH � STREET –—–—– – . P�t'A• �S� . e� P�bl��Pw«n2 Aquatic Lands Easement Page 28 of 29 Easement No.S 1-092390 E.�FIIBII'C continued �� 72 i N ` Point'B#2' •Pan�'�8�13 W E � ��' i x�a,Sioo tea� ' �: � - Legend �'� 8'Cosl Iran(ADandaned) •.../ ' �•�10'AsbestosCemenl�AberMorretl) \ �ot =>10'Casl lron(AbanAOnetl) < e�� eJc�p`��'��65 ❑ PumpSletion 9t`c�5'� DNR Easement Areas ti � e , �„�, -2,,e65F �'�,y ` p Aree 2=26,519 S F. �2 \, �, �Area 3= 22,608 S F. y � � , ` . �R7ea�Mer Line-Inner Harbor L'me 9G � ..,' Nrne: ,� � �� 1.)7otal area reportetl for Area 3 `��•. exdudes arry overlap with Area 2 ��!'� � 2)Print on 8.5'x 14'paper. _fJ' � � •�, . `\ � � , . � %. ,,____, . _ �\ � f��`,�� . ` � _ - '.=�-..-- , �-'. a �,�� .�_ . �. �� ' _ �� P��C ----, � � = ��—_--_ � ; _- - �, , , � - , � � -_. , ;. � ' ' j L;T _� _ ' J _ __ � '—:=� -, , <I, - � . �� . _ �----4, \ _. - � � I_ . 11TI-1�STREET � - '.:i__;`' ` _ ; ;. _, _ -- , _' - � �` '� _ , ?c�� - ' , � � , - r, :�� _�l ; J� _,., ' 1 � I __.�,_ - � , ..�_ . _ - . � �� _�' . . i.��.., .._---� � Aquat�c Lands Easement Page 29 of 29 Easement No.S 1-092390 EYAIBTI C MATCH LI E (To sheet 4 1 . N . . ; w E , r .. , , - i • > ; ,'��' � 1 Inch 5100 feet �� $, . � .�8$ � � �o°G� 5- `� " Q a� ___._ i � . . 4�J � '� � � ` . � � ^ • � 'a ` G , � � � p . —�=`� � ��.�E 6R10G�/ _._ . -�. - . MPN .�� _. . --- a Q ,� : -.—,�"� j .✓J.i�'�� v ' � _ � eo�� o� -- � ; _ , `. i � \�v�� _ - -- �� p , ; ;:� I �p,�P�(i � \�; ; i __.. _ .ti-�. '-' r I -�-��°1 � `;... �,,� ` I � - . � I ;; �; I " i Legend - '�� , � _. � 6'Cost Iron(Abandoned) -� -'� " '1M� I �� 10'AsbestosCement(Abandoned) � � r 1 . I �= 10'Cast Iron(Abandoned) . . � ,. �,_,1 I I � Pump StoGon � , "' ,' � DNR Easement Areas ' ' l � �Area 1 = 2,186 S.F. _�:..,.' , t�_l . - � �, � - �Areo 2 = 26,519 S.F. ._. , j; y I -, , � Pant B#1" � Area 3 = 22,608 S.F. ' .�J �' '._..� � .._,�. i ; � �Meonder Line-Inner Harbor Line �: ., , j .. -y-, - Note: _ � 1 - �b� � ' , 1.)Total erea reported for Area 3 � _ � " ` excludes any overlap with Area 2. � �F ,�,� � 2.)Print on 8.5"x 14"paper. ; �v°,� '�`�� ' -r -, _ _ I:.� �.� I -- .. . . -- , .. �- . - �� i �J1 f�tenxaq#2 :' � . / s-rH � � STREET –'—'—' – Point"A" �S� . s� P�bl��P��#2 Aquatic Lands Easement Page 28 of 29 Easement No. 51-092390 �, EYEIIBTI'C continued �e . � 12 i N ` Point'B#2" Po�n��at� W � E `\ � ��. S 11.i' 1 inch=100 feet , , Legend ` �� 6'Cast Iron(Abandoned) ��— 10'Asbestos Cement(Abondoned) o�'` �� 10'Cest Iron(Abendoned) t��.e��g� y` ❑ Pump Stetion ��o''��,�q-�� DNR Easement Areas y Q 3 � ��ae, = z,186 S.F. �(�1y . - , �Aree 2 - 26,5,9 S.F. �2 �"\ � �Aree 3 = 22,608 S.F. ' � � � �Meonder Line-Inner Herbor Line • 9L � ` ` Note: ^�" --� � 1.)Total area repoRed forArea 3 . •-�� % excludes any overlap with Area 2. •,.7'� � �� ; 2.)Print on 8.5"x 14"paper. ''.. . i'� ,, .. ;��. •`` � .. . , � ` '� `. v_. � , � � � .- _ ..---- ` ��'��.-�C� • � '-.J �:-__, � � ,��\��'�1`� �j_: . � . � ', ' �; ,, � �p.��C' ��' =r �•..i..�..� h � - i . .� � •.�_ i_ '-� "� J _ r 1 ( � ; ( � .� • � 1 ...• �. ' �` • •� � ` _____..^ 4 , ^ , ,• - ,�_`;,� - L. ..�i: -, � � : � � �'� i _._, �.. , _ 1 � �- • ` t � � I� ` � r , . _.... 11TF� STREET _ `. 'i_..�:-� \ - ; � .. , , , -- , � , � . r.,' � '_, • � ` . .. ,_ . ti. : . .. � �. � , � . ... . ._. . � ., i: h ,,�_ ' " '__ �"./' . _ , `'.l � •1 � , � � .. - _ T , ',j'' _e .i ' , � �-- '' � I � J: ' \ _ J ` � `, � �' , �... ''�I - ' 1 �� , - . . - -r___ .,, ____� 1 . ,:;� � ;r� ; Aquatic Lands Easement Page 29 of 29 Easement No. 51-092390